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Question 1 According to the Literal Rule, the words must be given its ordinary and natural meaning; even it may lead to absurdity or unfair consequences. This Literal Rules is indicated in the case Whitely v Chappel (1868), the defendant pretended to be someone who had recently died and vote by his identity. It was an offence to impersonate any person entitled to vote. Key issue is whether the defendant was found guilty to impersonate a dead person to vote. The judge interpret this issue by Literal Rules, because the death person cannot vote, hence the defendant held not committed an offence. The advantages of Literal Rule are that it respects the words used by LegCo and prevents Judges rewriting statue, which suppose only LegCo allows to do so. On the other hand, the disadvantages of Literal Rule are that it may lead to absurd, unfair and harsh decisions. Under Golden Rules, if the words used are ambiguous, the judge is allowed to adopt an interpretation and modify the natural meaning of words so as to avoid absurd results. This Golden Rules has illustrated in the following two cases. (1) In Rie Signworth (1935), the defendant had murdered his mother with no will, and he stood to inherit her estate as her issue. Key issue is whether the defendant should inherit the estate or not. The judge applied the Golden Rule to interpret this issue, and held that the issue would not be entitled to inherit her mothers estate since he is a murderer. (2) In R v Allen (1872), the defendant was married and married again. It was an offence for a married person to marry again unless they were widowed or divorced. When caught, the defendant argued that he did not commit this offense because the second marriage is invalid marriage. Key issue is whether the defendant found guilty because the second marriage is invalid. The Judge held that the word marry could also mean a person who goes through a ceremony of marriage and hence the defendant was found guilty. The advantages of Golden Rules are that it allows judge avoid absurd or harsh result which would be produced by Literal interpretation. However, this Golden Rules empower Judge to rewritten statutes which suppose to be Legislative Councils Job. Under Mischief Rules, the court gives effect to intention of Legislative Council is making statue, they are trying to interpret according to the purpose of legislation and found out why this law is being made. This Mischief Rules has illustrated in the following two cases. (1) In Smith v Hughes (1960), the defendant was charged with soliciting in a street or public place for the purpose of prostitution. The defendant was soliciting from the private premises on the balcony. Key Issue is whether the defendant is found guilty if she is soliciting in private area. The court applied the mischief rules and interprets the purpose of this legislation is to prevent people not being molested or solicited on the street. Although the lady was solicited on the balcony, the judge held that it can be clearly seen from the street which was sufficient. (2) In Royal College Nursing v DHSS (1981), the abortion allows abortion by a registered medical practitioner. The abortion was performed by nurse without a doctor being present. Key issue is whether this is lawful to perform
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abortion without a registered medical practitioner? The court applied the mischief rules and interprets the purpose of legislation is to prevent black street abortion performed by unqualified people. Hence this procedure was found lawful. The advantages of Mischief rules are

Basically, Judge is not allowed to freely choose any rules they like, there are sequences in applying rules. The sequences are Literal Rules, Golden Rules and Mischief Rules. All judges should apply Literal Rules in the first instant, and if this gives bad or repugnant situation, judge is allowed to modify the meaning of the word so as to avoid absurd result. Lets refer to some cases for better illustration. In case Rie Sigworth (1935), the defendant murdered his mother who has no will, if the judge interpret by Literal Rules, her son who is the only kin, by right he should inherit the estate. If applying Literal Rules, it may create repugnant situation. As such, the judge goes up one level by applying Golden Rules, and it interpret that the murderer should not have right to inherit her mothers estate. In case R v Allen (1872), the defendant married and married again. The second marriage is considered to be an invalid marriage. If interpret by Literal Rule, the defendant should not found guilty because invalid marriage is not considered marriage. However, this created absurd result, hence the court applied Golden Rules, and elaborate undergo a ceremony also consider marriage, as such the defendant was found guilty at last. In some cases, when Golden Rules also cannot give good result, the judge will go up another level and apply Mischief rules, so as to find out the purpose when creating the statue. Lets refer to some cases for better illustration. In case Smith v Hughes (1960), the defendant solicited in the balcony inside her house. If the judge interprets by the Literal Rules, the defendant should not found guilty because it is offence if soliciting in public area. However, the natural meaning of pubic area meaning not private area, soliciting in balcony suppose to be private area, hence the defendant should not be found guilty if interpret by Literal Rules. Since Literal Rule create absurd result, the lord apply the mischief rules and find out the purpose of the statue is to prevent molested or prostitution on the street, hence the defendant was found guilty even she was solicited on the balcony. In case Royal College Nursing v DHSS (1981), the abortion was performed by nurse without a doctor being present. If interpret by Literal Rules, this is known as an unlawful to perform abortion without a registered medical practitioner. However, the lord apply mischief rules and they find out the purpose of the statue is to prevent black street abortion by unqualified person, hence this procedure was found to be lawful.

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Question 2

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