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St Helena : St. Helena: Trade Licensing Ordinance and Trade Fairs
Submitted by Saint Helena Herald (Juanita Brock) 30.11.2006 (Article Archived on 14.12.2006)

The Attorney General says, "It has come to my attention that concerns have been expressed about the lawfulness of the recent Trade Fairs arranged by the St. Helena Development Agency on the occasion of cruise ship visits.

Trade Licensing Ordinance  and Trade Fairs

 

It has come to my attention that concerns have been expressed about the lawfulness of the recent Trade Fairs arranged by the St. Helena Development Agency on the occasion of cruise ship visits.

 

I have examined the law, and come to the conclusion that it is unclear on the issue.  It might even be that parts of each fair are lawful while others are technically not so.  In all the circumstances, I have informed the SHDA as follows::



"I have regard to the convention that ambiguous penal provisions have to be construed narrowly, and the difficulty of bringing the Trade Fair activities within any "mischief" which the legislation could be thought to seek to address.


 


Given the uncertainty, I certainly cannot give a categorical assurance that the Trade Fairs do not involve some possible technical offence.  However, I am entirely satisfied that it would be contrary to the public interest to allow a prosecution for any such technical offence.


 


You may take this letter, therefore, as my assurance that I will use my powers under section 14 of the Constitution to ensure that no prosecution is undertaken for any alleged technical offence by persons bona fide participating in the Trade Fairs which you have already held or those which you have planned between now and the end of this year.


 


For the longer term, the law might require amendment, and I shall be consulting with the Governor in Council."


Kenneth I Baddon

Attorney General

30 November 2006

 

 

This article is the Property and Copyright of Saint Helena Herald.

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