TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 154

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disaffection, to promote feelings of hostility between different classes of the population, to rouse discontent or disaffection, to excite people to alter matters established by law by unlawful means or to excite disaffection against the administration of justice. In all these forms of sedition it is likely that there will usually be an incitement to violence or to disobedience to the law, but such incitement does not, of itself, at present constitute sedition.

Experience of the sort of seditious publication which has appeared in Hong Kong argues that it should be, and so clause 2 of the bill amends section 3 of the principal Ordinances so as to make it sedition to incite persons to violence or to counsel disobedience to the law or to any lawful order.

Clause 3 amends section 4 of the Ordinance to make it clear that it is an offence to display a seditious publication. This is an odd omission from the present law, which makes it an offence to print, publish, sell, offer for sale, distribute or reproduce seditious matter, but not to display it. This produces an anaomalous situation in that it would be an offence for a newspaper seller to sell a copy of a seditious public, but not to paste it on a wall behind him.

Clause 4 adds a new section, empowering police or public officers to remove or obliterate seditious matter from premises, vehicles, trains and vessels. In the past, seditious matter has appeared on walls, streets, cars, boats and buildings, sometimes in the form of painted slogans or words and sometimes in banners, posters or pictures. While these can be dealt with adequately if they appear on public property, there are, at present, no powers which will enable prompt action to be taken by public officers to remove or obliterate seditious matter if it is on private premises, and all that they can do is to exhort the owner of the premises to remove it.

The clause distinguishes between seditious matter which is visible from a public place and that which is not. If it is so visible, then a police officer or public officer may enter the premises and remove or obliterate the seditious publication. If it is not so visible, then there is, of course, less urgency and it will be necessary for those circum- stances, before a police officer or public officer can enter the premises, for him to obtain either the prior permission of the occupier or obtain a warrant to do so from a magistrate.

Question proposed.

Motion made (pursuant to Standing Order No 30). That the debate on the second reading of the bill be adjourned-THE COLONIAL SECRETARY (SIR HUGH NORMAN-WALKER).

Question put and agreed to.