clr/1962/1962_1_228.pdf

(3), 15—The Gambling (Machines of Games of chance) Order, 1961, clause 2—'Slot' machine—The wording of sub-section

(2)of section 6 of Cap. 151 empowers the council of Ministers to declare any other game, in addition to the games referred in sub-section (I), to be a prohibited game within the meaning of that sub-section (I)—The rule of ejusdem generis not applicable—The order~of the Council of Ministers mention specifically the kind of game—The expression « μ η χ α ν ή need not τ υ χ η ρ ο ϋ Trcriyviou» ("machine of game of chance") In clause 2 of the Order of the Council of Ministers (supra) is wide enough to cover the so called 'Slot" machine involved in this case. Section 6 o f Cap.151 (supra) reads as follows : — "(I) Any person, w h e r e v e r f o u n d , playing at any of t h e games commonly k n o w n as " c h o l o " , "kazandi", " z a r i " o r " r o u l e t t e " o r any o t h e r similar game w h i c h in t h e opinion of the C o u r t t r y i n g t h e offence is a variation o f any o f such games o r assembled t o g e t h e r for the purpose of playing at any such game o r any variation t h e r e o f as hereinbefore provided, shall be g u i l t y of an offence and shall be liable t o i m p r i s o n m e n t n o t exceeding one year o r t o a fine not exceeding one hundred pounds or t o b o t h such imprisonment and fine.

(2)The G o v e r n o r in Council may, by O r d e r , declare any game t o be a game for the purposes of subsection ( I ) of this section in addition t o the games specified therein and there­ upon t h e provisions o f subsection ( I ) of this section shall apply t o such game as they apply t o the games specified in such subsection.

(3)Any person w h o . in any street, club, coffee-shop, hotel o r khan or a place licensed f o r the sale of intoxicating 228 ~<?& liquors by retail o r a place of public resort or public entertain­ ment. is in possession of any instruments o r appliances used o r appearing o r intended t o be used o r t o have been used f o r the playing of any o f the games t o which this section applies, shall be guilty of an offence and shall be liable t o i m p r i s o n m e n t not exceeding one year o r t o a fine not exceeding one hundred pounds or t o both such imprisonment and f i n e " . The Council of Ministers, acting under the powers given t o the Governor by sub-section

(2)o f section 6 of Cap. 151 (supra), made the Gambling (Machines of Games of Chance) O r d e r , 1961 (public instrument N o . 309/61 of the 4 t h September 1961), whereby, inter alia, the handling of any "machine of game of chance" as defined in clause 2 thereof was declared to be a p r o h i b i t e d " g a m e " . f o r the purposes of sub-section(l) of section 6 of Cap. 151 (supra). The appellant was convicted of possessing appliances used for the playing of the game known as "automatic gaming machine" c o n t r a r y t o sections 6

(3)and 15 of the Betting Houses, Gaming Houses and Gambling Prevention Law, Cap. 151. O n appeal it was argued on behalf o f the appellant that the machine In question is merely a 'Slot' machine and not a "machine of game of chance" « μ η χ α ν ή τ υ χ η ρ ο ΰ π α ι γ ν ί ο υ » as defined in clause 2 of the Gambling (Machines of Games of Chance) O r d e r , 1961 (supra). It was f u r t h e r argued that : ( I ) on the ejusdem generis rule this particular machine t o be pro­ hibited should be a variation of the games of " c h o l o " , "kazand i " , " z a n " , o r "roulette'-' w i t h i n t h e meaning of sub-section ( I ) of section 6 o f Cap. 151 (supra), and,

(2)as this so-called 'Slot' machine is not specifically mentioned in the definition clause of the Ministerial O r d e r (supra), it is not an offence t o possess such a machine. The High C o u r t dismissing the appeal.— Held : ( I ) Sub-section ( I ) prohibits the playing of any of the games commonly k n o w n as " c h o l o " , "kazandi", " z a r i " o r " r o u l e t t e " o r any other similar game which in t h e o p i n i o n of the C o u r t t r y i n g the offence is a variation of any such game.

(2)The w o r d i n g , o f subsection

(2)of section 6 clearly empowers the Council of Ministers t o declare any o t h e r game, in addition t o the games of " c h o l o " , "kazandi", e t c t o be a p r o h i b i t e d game w i t h i n t h e meaning of sub-section ( I ) o f t h a t section. 229 1962 • Oct. 2 SPYROS PA»A»YROU Ψ. THE POUCH t9 <»2

(3)A l t h o u g h this so-called 'Slot' machine is not speclfitally mentioned in the definition clause of the Ministerial , ; > P '* R " S O r d o i , still it is an offence t o possess such a machine. The Ι*\Ι·Λ«.Ι*Ϊ m>i , h " ''" "' * r οχρΓΰ«ιοη.. 0 .·μηχανή τ υ χ η ρ ο ΰ π α ι γ ν ί ο υ » in clause 2 of that Ministerial O r d e r is so wide as t o cover t h e machine in ques­ tion

(1)The dominant words in the definition are the words " Ί υ χ η ρ ΰ Ο -παιγνίου» that is t o say, " o f game of chance". There is no question t h a t this is n o t a machine. The only question is w h e t h e r this is a "machine of game of chance". And w e hold that it is. Appeal against conviction dis­ missed. The appeal against sentence has been abandoned and is also dismissed. Appeal against conviction and sentence. The appellant was convicted on the 15/6/62 at the District Court of Famagusta (Cr. Case No. 7258/61) on one count of the offence of possessing appliances used for .the playing of the game known as "automatic gaming machine" contrary to ss. 6

(3)and 15 of the Belting Houses, Gaming Housesand Gambling Prevention Law, Cap. 151 and was sentenced by Orphanides, D.J. to pay a fine of £10.— or two months'im­ prisonment in default and all monies found in the tube were ordered to be forfeited. Fronts Smeriades with Miss E.loannidesfor theappellant V. Aziz for the respondent. Thejudgment of theCourt wasdelivercd by Josi minus,J. WIISON, P. : We think it is unnecessary to call on Counsel for the Republic in this case. Mr. Justice Josephides will deliver the judgment of the Court. JOSI.I'MIDIS, J. : The appellant in this case was convict­ ed of the olVcnce of possessing appliances used for the playing of the game known as 'automatic gaming machine* contraiy to sections 6

(3)and 15 of the Betting Houses. Gaming Houses and Gambling Prevention Law, Chapter 151. 230 The first point taken on behalf of the appellant before us is that the machine in question,which was produced in Court as an exhibit, is a 'slot' machineand that it is not a «μηχανή τυχηροϋ παιγνίου» as defined in clause 2 of *he Gambling (Machines of Games of Chance)Order, 1961 (Public Instru­ ment No. 309/1961) made by the Ministerial Council under the provisions of section 6

(2)of the aforesaid Law, Chapter 151, which subsection reads as follows : "The Governor in Council (now the Ministerial Council) may, by Order, declare any game to be a game for the purposes of subsection (I) of this section in addition to the games specified therein and thereupon the provisions of subsection

(1)of this section shall apply to such game as they apply to the games specified in such subsection". Subsection

(1)prohibits the playing of any of the games commonly known as "cholo","kazandi", "zari" or "roulette" or any other similar game which in the opinion of the Court trying the offence is a variation of any such game. Mr. Saveriades argued on the ejusdemgeneris rule thai this particular gaming machine should be a variation of the game of "cholo", "kazandi", "zari" or "roulette" to be pro­ hibited. But the wording of subsection

(2)of section 6 clearly empowers the Ministerial Council to declare any other game, in addition to the games of "cholo", "kazandi" etc., to be a prohibited game within the meaning of subsection (!) of that section. Appellant's counsel further argued that as this so-called 'slot* machine is not specifically mentioned in the definition ii is not an offence to possess such a machine. We are of the view that the expression «μηχανή τυχηροΟ παιγνίου» in clause 2 of the Ministerial Order is so' wide as to cover the machine in question. The dominant words in the definition are the words «τυχηροΰ παιγνίου»,that is to say, "of a game of chance". There is no question that this is not a machine. The only question is whether this is a "machine of a game of chance", and we have held that ii is. Kor these reasons the appeal against conviction is dis­ missed. The appeal against sentence has been abandoned and is also dismissed. Appeal dismissed. 231 1962 Oct. 2 Spyroa V. Ίη Poucs Joaepbides, J.