1984 Ed.]

Crimes

[CAP. 200

157. (1) If any matter is published or broadcast in contravention of section 156(1), the following persons, namely-

(a) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) in the case of any other publication, the person who publishes it; and

(c) in the case of a broadcast, any body corporate which transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months.

(2) When an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its members subsection (2) shall apply in relation to the acts and defaults of a member in connexion with his functions of management as if he were a director of the body corporate.

(4) Proceedings for an offence under subsection (1) (including such an offence which is alleged to have been committed by virtue of subsection (2), whether or not by virtue also of subsection (3)) shall not be instituted except by or with the consent of the Attorney General; and where a person is charged with such an offence it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of such matter as is mentioned in section 156(1).

(Added 25 of 1978, s. 4)

158. (1) In relation to a person charged with a rape offence or indecent assault in pursuance of any provision of the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955, section 156 shall have effect with the following modifications, namely-

(a) any reference to a trial or a trial before the High Court shall be construed as a reference to a trial by court-martial;

(b) for any reference in section 156(2) to a judge there shall be substituted a reference to the officer who is authorized to convene or has convened a court-martial for the trial of the

Offences and proceedings. (1976 c. 82, ss. 4(5), 5(4)(5), 6(4)(6))

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Application of ss. 156 and 157 to trials by courts-martial. [cf. 1976 c. 82, ss. 5(1), 6(4)(6)]

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