112550-1927-Supplementary-Bills-read-a-first-time--Printers-and-Publishers-Prisons-Amendment-Volunteer-Amendment-Railways-Amendment — Page 9

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14. Sub-section (7) makes it an offence to furnish incorrect particulars unless the informant can show (i) that he believed the information to be correct and (ii) that he could not with reasonable diligence have discovered its incorrectness. Under section 21 of Ordinance No. 4 of 1886 the furnishing of incorrect particulars is an offence only if it is done “knowingly and wilfully It does not seem to be too much to ask the informant to make reasonable inquiries. Further, it does not appear why the maximum penalty under section 21 should be only $500 while that under section 4 is $1,000 or imprisonment without hard labour for six months.

15. Sub-section (9) provides for more than one register. This is explained in paragraph 8 above. Sub-section (10) corresponds to section 19 of Ordinance No. 4 of 1886.

16. Sub-section (12) enables the register to be used as prima facie evidence (i) of the truth of the matters stated therein or (ii) of the fact that the information was furnished by the person by whom it purports to have been furnished. The former use might be of service in prosecutions generally and in libel actions. The latter could be taken advantage of in a prosecution for furnishing incorrect particulars. It is open to the complainant or prosecutor to put in the entry for the one purpose or the other. In view of

the provisions of sub-section (12) it is laid down in sub-section (11) that when particulars have been furnished the Registrar must send a copy to each person who might be affected.

17. Section 5, which deals with the licensing of printing presses, replaces section 18 of Ordinance No. 4 of 1886. The new section is based on section 3 of the Straits Settlements Ordinance No. 1 (Printing Presses). Like the section in the Straits Settle- ments Ordinance, it gives power to refuse a licence, subject to a right of appeal to the Governor in Council. The Governor in Council is given power to cancel a licence after due notice. Powers of seizure and forfeiture are given in the section.

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18. Section 6, which requires books, newspapers and doen- ments printed in the Colony to bear the printer's name and address, replaces section 12 of Ordinance No. 4 of 1886. The principal differences in the new section are as follows:--

(a) The class of document to which the section is to apply is defined differently. This point is dealt with in the following paragraph.

(b) The offence is left to the general penalty under the

Ordinance.

(c) Possession is made an offence.

(d) Presumptions are provided in sub-section (9), (10) and (11). Sub-section (11) is made general with a view to libel actions.

19. Section 12 of Ordinance No. 4 of 1886 applies to every newspaper, paper, or book intended to be distributed or made public No doubt the phrase "intended to be distributed or made public" was meant to apply to newspapers and papers as well as to books, in spite of the punctuation. The objection to this phrase is the doubt as to the meaning of the word "distributed ". Obviously, a document would not be printed at all unless the copies were intended to be distributed to some persons. That being so, the word might take its colour from the subsequent word "public". This might have the effect of excluding from the section a document issued by a society to its members. This, however, is one of the classes which it is most desirable to bring under the section. The new section, therefore, attacks the problem. in a different way. It begins by a general application to every printed document, and in sub-section (5) it excepts documents solely intended and solely used for a bona fide and ordinary commercial or professional or social purpose, provided that such document as printed contains no seditious or political matter what- soever ".

In order to meet the point that a document issued by a society to its members would be a document used for a social purpose, the section goes on to provide that a document used for the purposes of a society, club or other organization shall not be deemed to be used for a social purpose". It will be noticed that

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