Quan Yick v Hinds

The case of *Quan Yick v Hinds* concerned a dispute over the legality of a lottery conducted in New South Wales. The parties involved were Quan Yick, who was prosecuted for conducting the lottery, and Hinds, who was the informant. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the lottery conducted by Quan Yick was lawful under the prevailing laws of New South Wales, specifically considering the application of certain Imperial Acts. The court was required to interpret the scope and effect of Imperial legislation, namely 4 Geo. IV c. 60 and 5 Geo. IV c. 83, in the context of New South Wales law, and how these were affected by s 24 of 9 Geo. IV c. 83.

The High Court determined that the lottery in question was illegal. Their reasoning focused on the interpretation of the Imperial Acts, which prohibited lotteries. The court found that the provisions of s 24 of 9 Geo. IV c. 83, which allowed for the application of English law in New South Wales, did not operate to legalise the lottery. Instead, the court held that the lottery was contrary to the spirit and intent of the Imperial legislation that prohibited such activities.

Consequently, the High Court dismissed the appeal, upholding the conviction of Quan Yick for conducting an illegal lottery.