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TABLE OF CORRESPONDENCE
BETWEEN
This Bill and the Seditious Publications Ordinance, 1914, (repealed by this Bill) and other local legislation.
(1) The Seditious Publications Ordinance 1914.
Existing law.
Corresponding matter in the draft Bill.
*
Definition of Book, Document, and Newspaper (sec. 2 (n) (b) and (c)).
Definition of "Seditious matter"
(sec. 2 (8)) includes, in addi- tion to those matters coming within the ordinary meaning of sedition, such matters as inciting to murder, threaten- ing a public servant, etc.
Offence of "possessing" publica- |
tions containing seditious matter (sec. 3A). Penalty 2 years and $500.
Offence of printing, publishing,
selling, etc., publications declared to be forfeit by the Governor in Council on the ground that they contain seditious matter. Penalty 2 years and $500.
Power
of Superintendent of Imports and Exports and Postmaster General to de- tain packages containing seditious matter (secs. and 6).
Search warrant (sec. 9).
Power of Governor in Council to declare publication for- feit on ground that it up- pears to contain seditions matter and right of appeal to Supreme Court against such declaration (secs. 8, 7 and 8).
This matter is dealt with under
the headings "Publication” and "Periodical Publica tion" (clause 2) and intro- duces no substantial altera- tion.
The corresponding definition in the Bill is "Prohibited publication" (clause 2) and "prohibited publication" is one which the Governor be- ing of opinion that it is contrary to public interest may in the exercise of his unfettered discretion pro- hibit. The advantages of the new provision are (i) flexibility (ii) avoidance of difficulties of interpretation.
Clause 4 (2) makes it au; offence
to be in possession of a "Prohibited publication"; there is no substantial dif ference. Penalty 1 year and/or $500.
The corresponding clause is 4 (1), the only important dif- ference being that "import- ing" is made 0.11 offence whereas it is not 80 at present. Penalty 2 years and/or $1,000.
The corresponding powers are to be found in clause 6 (1). The powers conferred by the Bill are
wider than those existing at present; in addi- tion the officer detaining the package is given a power of arrest.
Clause 7 is the corresponding clause; there is no sub- stantial difference.
There is nothing to correspond to this in the scheme of the Bill; prohibited publica- tions are only forfeited to the Crown by an order of court after conviction for un offence under 4 (1), 4 (2) and 5 (1).
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