Minister for Justice v Wang Zhu Jie

• Jurisdiction: Ireland
• Judge: MR JUSTICE DECLANCOSTELLO
• Judgment Date: 05 October 1990
• Neutral Citation: 1990 WJSC-HC 2754
• Judgment citation (vLex): [1990] 10 JIC 0502
• Date: 05 October 1990
• Court: High Court

1990 WJSC-HC 2754

THE HIGH COURT

No. 506 55/1990

MIN JUSTICE v. WANG ZHU JIE

IN THE MATTER OF SECTION 52 OF THE COURTS (SUPPLEMENTAL

PROVISIONS) ACT 1961

BETWEEN

THE MINISTER FOR JUSTICE (AT THE SUIT OF DETECTIVE GARDABRENDAN CLARKE)

v.

WANG ZHU JIE

Citations:

ALIENS ACT 1935

ALIENS ACT 1935 S7

DPP V MCMAHON 1986 IR 393

DPP V CORRIGAN 1986 IR 290

ALIENS ORDER 1946 SI 395/1946 ART 17

ALIENS ACT 1935 S5(2)(b)

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S52(2)

Synopsis:

ALIENS

Arrest

Police - Powers - Exercise - Private property - Restaurant - Entry - Arrest without warrant - Whether garda invitee or trespasser - (1990/506 SS - Costello J. - 5/10/90)- [1993] 1 I.R. 426

|Minister for Justice v. Wang|

CASE STATED

Determination

Appeal - Leave - Refusal - Facts - Answer to question of law governed by findings of fact in court of trial - (1990/506 SS - Costello J. - 5/10/90) - [1993] 1 I.R. 426 - [1991] ILRM 823

|Minister for Justice v. Wang|

GARDA SIOCHANA

Arrest

Powers - Exercise - Premises - Private property - Entry - Arrest without warrant - Invitee or trespasser - Case stated - Determination - Leave to appeal refused - Aliens Order, 1946, article 17 - Aliens Act, 1935, s. 5 - Courts (Supplemental Provisions) Act, 1961, s. 52 - (1990/506 SS - Costello J. - 5/10/90) - [1993] 1 I.R. 426 - [1991] ILRM 823

|Minister for Justice v. Wang|

J U D G M E N T

1 DELIVERED BY THE HONOURABLE MR JUSTICE DECLANCOSTELLOON FRIDAY, 5TH OCTOBER 1990

2 The point in this case is a very net one. The facts are very simple and the matter has been very clearly and succinctly argued before me. I have reached a clear conclusion on the central issue in the case and it is unnecessary for me to reserve my judgment.

3 These proceedings come by way of Consultative Case Stated dated 6th July 1990, a case stated in a prosecution in the District Court against a Chinese national for alleged breaches of the Aliens Act 1935and the Aliens Order 1946. The salient facts of the case are asfollows:

4 Detective Garda Clarke is one of a number of Gardai charged with the supervision and enforcement of the Aliens Act 1935.He and his colleagues regularly enter public restaurants in the city for the purpose of carrying out routine inquiries in order to see whether or not the provisions of the Aliens Act 1935and the Regulations made thereunder have been complied with. The evidence is that they have never been refused permission to enter restaurants, that they are well known by sight to the persons involved in running the restaurants and that it has been a policy of the Aliens Office of the Department not to apply for search warrants under section 7 of the 1935 Act in such cases, it not being considered appropriate for the purposes of routine inquiries. When the Gardai enter premises for the purpose of routine inquiries they do not in fact search the premises they enter.

5 The facts relating to this case are that in the evening of 20th February 1990 Detective Garda Clarke and two of his colleagues entered a restaurant in Wexford Street in Dublin for the purpose of making routine inquiries in relation to the enforcement of the Aliens Act 1935and the Regulations made thereunder. They did not have any information that breaches of the Aliens Act or Regulations were in fact occurring on the premises. They were dressed in plain clothes and did not have a search warrant. When they entered the premises there were a number of Chinese gentlemen at the end of the restaurant and one of them, the accused, approached the Gardai. Whilst the matter is not explicitly stated in the facts of the Case Stated, I think I am entitled to infer that his approach to the Gardai must have occurred almost immediately after the Gardai entered the restaurant. The accused, who was dressed as a waiter, went to the Gardai and pointed to a table and asked "How many?", indicating that he was going to offer them a place at a table in the restaurant. Without more ado, Detective Garda Clarke produced his identification and a conversation took place which obviously was not a very long one and then the accused was arrested.

6 Very shortly after the arrest the manager of the premises, a Mr Luk, who had been one of the Chinese gentlemen who were present when the Gardai arrived, was spoken to by two of the Gardai who identified themselves to him. It is perfectly clear from the Case Stated that the manager of the premises had no objection to the presence of the...