A
461
The Seditious Publications Ordinance, 1914,-(continued).
Existing law.
Corresponding matter (if any) in draft Bill.
Sec. 8B places the onus of
proving innocent posses- sion" on defendant.
In a prosecution under the Bill, the burden of proving guilty knowledge would be on the Crown, and therefore to that extent a defendant would be in a better position than under the existing law. In addition, the Bill provides a locus pænitentiae for a person into whose possession a prohibited publication has come innocently which enables him to deliver the publication to a police officer as soon as he is aware of its contents and thus fore- stalls a prosecution (clause 5 (1) and (2)).
(2) The Importation and Exportation Ordinance, 1915.
"It shall be lawful for the Governor in Council to exercise all or any of the following powers to prohibit the importation of any article, either generally or from a particular country or place." (sec. 3 (a)).
The Bill proposes to give to the Governor specific powers to prohibit the importation of undesirable literature; it leaves untouched the general powers vested in the Governor in Council to prohibit importation under sec. 3 (a) of the Importa- tion and Exportation Ordin- ance which no doubt are intended to cover an infinite variety of articles.
(3) Emergency Regulations, under Ordinance No. 5 of 1922.
etc.,
Reg. 23 prohibits importation, publishing, etc., of news- papers, pamphlets, tending to persuade persons (1) to boycott (2) to cause a breach of the peace or (3) to interfere with administra- tion of law.
Under the Bill, it will be
possible to place such publi- cations as are dealt with under reg. 23 оп the "Index" on the general ground that their importa- tion is contrary to the public interest”. On the other hand publications which come into existence within the Colony would not come within the scope of the Bill and therefore it would be undesirable to repeal this regulation while an emergency continues.
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