[WHAT EDS IS CONFIRMING IS THAT THERE IS A MENTAL HEALTH ACT BUT ASPECTS OF INVOLUNTARY ADMISSION/SECTIONING IS NOT AVAILABLE.
AS IT HAPPENS THERE WAS NO BILL GOING THROUGH PARLIAMENT, WHICH IS ANOTHER OF EDS’ LIES. NOTHING IMMINENT WAS OCCURRING.]
Ignorance of the Law CAN be a Defence in a Unique Situation
But considering EDS’ lies (at [two-faced] value), should the bill have been passed into law and was NEWLY OPERATIONAL, then he would have a realistic defence in simply ‘not knowing about it’ – in this very unique situation.
“The doctrine assumes that the law in question has been properly promulgated—published and distributed, for example, by being printed in a government gazette, made available over the internet, or printed in volumes available for sale to the public at affordable prices. In the ancient phrase of Gratian, Leges instituuntur cum promulgantur (“Laws are instituted when they are promulgated”).
In order that a law obtain the binding force which is proper to a law, it must be applied to the men who have to be ruled by it. Such application is made by their being given notice by promulgation. A law can bind only when it is reasonably possible for those to whom it applies to acquire knowledge of it in order to observe it, even if actual knowledge of the law is absent for a particular individual. A secret law is no law at all.”
Given the fact that the Mental Diseases Ordinance was 27 of 1956, if we take 01 January 1957 as the date of enactment then the numbers of day elapsed since enactment to 01 December 2015 is
21518 days (over 58yrs)
As such that defence is obviously unavailable 🙂
(B1) Regulatory Officials
In criminal law, although ignorance may not clear a defendant of guilt, it can be a consideration in sentencing, particularly where the law is unclear and therefore the defendant sought advice from law enforcement or regulatory officials.
Unfortunately this does not apply to EDS because THE LAW IS CRYSTAL CLEAR and other Medical Professionals do not come under the heading of ‘regulatory officials’ or ‘law enforcement’. A lawyer is a step in the right direction however…
Unless of course EDS wants to assert that his rights came from his acting in the capacity of an agent of law enforcement, a UK Covert Human Intelligence Source (“C.H.I.S.”) which will then expose his law enforcement handlers to criminal liability for EDS’ infliction of criminal injuries torture upon me and perversion of the course of justice on 17 December 2015 and onwards! BOOYAH!
(B2) Legal Professionals who Actually Know the Legal Position Clearly
RA – “Yeah, yeah.”
EDS – “So, the problem here is when he is refusing to come to hospital… whether there is any procedure where people can go and enter his house and take him to hospital… there’s probably something like that here?”
RA – “That you cannot do.”
EDS – “What?”
RA – “A SYSTEM OF TAKING SOMEONE FORCIBLY DOES NOT EXIST IN SRI LANKA.”