2
3. Where any newspaper, book or other document Power to wherever printed appears to the Governor-in-Council to Governor-in- contain any seditions montler, the Governor-in-Council may, Council to
declare cer- by notification in the Gazette, declare such newspaper, tain publica book or other document to be forfeited, and thereupon any tions forfeit police officer may seize the same wherever found; and any ed. Issue Magistrate may by warrant authorize any police officer not of search below the rank of sergeant to enter upon and search for warrants for the same in any place where the newspaper, book or other document may be or may be reasonably suspected to be.
Bame.
4. Any person who within the Colony printe, publishes, Issue, sale sells, offers for sale, distributes, or in any way exhibits or or exposure of forfeited exposes any newspaper, look or document, or an extract
publication from any newspaper, book or document in respect of an offence which a declaration of forfeiture has been made under this and penalty. Ordinance shall be guilty of an offence and be liable to a fine not exceeding 500 dollars and imprisonment for any term not exceeding two years,
5. The Superintendent of Imports and Exports or any Power to other officer authorized by the Governor-in-Conncil in this Superinten- behalf may detain any package brought, whether by land dent of or sea, into the Colony which he suspects to contain Imports and
Exports to any newspaper, hook or other document containing seditious detain pack- matter and shall forthwith forward any newspaper, book ages con- or other locument containing seditions matter found therein taining to such officer as the Governor-in-Council may appoint publications. in this behalf to be disposed of in such manner as the Governor-in-Council may direct,
1
certain
. The Postmaster General or any officer authorized by Power to bim in this behalf may detain any article in course of trans- Postmaster General to mission by post which be suspects to contain any news-
detnin cer paper, book or other documout containing seditions matter in publica- and shall deliver any such newspaper, book or other docu- tions when ment containing sexditions matter so detained to such officer transmitted as the Governor-in-Council may appoint in this behalf to by post. be disposed of in such manner as the Governor-in-Council may direct.
aside order
7-(1.) Any person baving an interest in any property Application in respect of which an order of forfeiture has been made to Supreme under section 3, may, within two months from the date of Court to set such order, apply to the Supreme Court to set aside such of forfeiture. order on the ground that the newspaper, book or other docu- ment in respect of which the order was made did not coutain any seditious matter.
(2.) If it appears to the Supreme Court that the news Order of paper, book or other document in respect of which the Supreme order in question was made did not contain seditions Court set- matter, the Supreme Court shall set aside the order of ting aside
order of forfeiture.
forfeiture.
8. Every declaration of forfeiture purporting to be made Jurisdiction under this Ordinance shall, as against all persons, he con- barred. clusive evidence that the forfeiture therein referred to has taken place, and no proceeding purporting to be taken under this Ordinance shall be called in question by any Court, except by the Supreme Court ou an application made under the provisions of the preceding section, and no civil or criminal proceeding, except as provided by this Ordinance, shall be instituted against any person for any- thing done or in good faith intended to be done under cliis Ordinance.
The class of publication which has of late given rise to considerable comment consists in the main of newspapera published out of the Colony which are of a highly seditious and disloyal character and which contain matter which is subversive of all social and economic conditions and which, disseminated amongst ill-educated persons, are likely to be productive of disturbance and -feeling in the Colony, Somo of these productions emanate from Indian sources and their publication and appearance in India are alrealy prohibited.
With the existence of a large Indian population both permanent and temporary within the conflues of this Colony, the introduction into the Colony of newspapers or other publications of the character indicated should not it
is thought be in any way permitted.
The constant complaint which is made to this Govern- ment as to the appearnce within the Colony of this type of seditious publication has led this Government to introduce the present Bill with the object of enabling the evil to be dealt with effectively.
The Bill itself is extremely simple. It gives power to the Postmaster General and to the Customs authorities to detain any articles coming into the Colony which are expected to contain any publication of seditious character and if by these or by any other means publications of seditious character are brought to the notice of the Governor-in-Council, the Governor-in-Council may notify in the Gazette that such documents shall be forfeited and upon such notification such documents may be seized and confisented (Sections 3, 5, and 6).
Any person who has any interest in the papers thus fort ited bas the right of appeal to the Supreme Court (Section 7).
By Section 4, issue, sale or exposure of forfeited publica- tions is made an offence and a penalty is provided therefor. The definition of seditious matter is contaiued in Sec- tion 2.
The provisions of this Bill with the exception of Section
4 are adaptol from parts of the Indian Press Act, 1910, whilst Section 4 itself is an adaptation of the Section 2 of the Chinese Publications (Prevention) Ordinance, 1907, which is at present in existence in this Colony.
Jonx A. BuOKNILL, Attorney General,
Objects and Reasons.
For some time past the attention of the Governmout bas been drawn to the fact that newspapers and documents of a highly objectionable character have been brought into the Colony and distributed amongst some of its inhabitants. Sometimes these papers pass through the post and although by means of the powers contained in Section 12 of the Post Office Ordinance, 1900, there exist certain provisious as to the stoppage of matter of this character sent through the post, it is difficult and often practically impossible to exercise such powers with success.
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