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TABLE OF CORRESPONDENCE
BETWEEN
Provisions of this Bill and the law previously in force.
(1) Common Law.
Existing law.
Corresponding matter (if any) in draft Bill.
The classic definition of sedition
expounded by Stephen J. may be taken to be an authoritative exposition of the position at common law.
Seditious libel and seditious
utterances.
There are no conditions attached to prosecution at common law.
There is no search warrant at
common law.
The definitions of 'seditious publications", "seditious
words" (clause 2) und “sedi- tious intention" (clause 8) follow Stephen J.'s defini- tion very closely. Sub- clause 1 (vi) however is an addition. The question of seducing members of His Majesty's forces from their allegiance, which does not come within the purview of common law dèfinition of sedition, has been recent- ly dealt with by statute in England, (Incitement to Disaffection Act, 1984) and it would appear to be desir- able to make similar pro- visions here.
This matter is dealt with by clause 4. This clause, in addition, makes it an of- fence to print, publish, im- port, possess, etc., seditious literature. These offences are ancillary to the crime of sedition and it seems desirable to make statutory provision for them in this Bi.
Under the Bill the prosecution must be commenced within 6 months, the written consent of the Attorney General must be obtained and there must be corrobora- tion (clauses 5 and 6).
Clause 7 makes provision for issuing search warrants.
(2) Seditious Publications Ordinance, 1914.
It is an offence under sections 3A and 4 of this Ordinance to possess, print, publish, sell, distribute, etc., publi cations containing seditious matter.
Clause 3 of the Bill makes it an offence to possess, print, publish, etc., seditious publications. These provi- sions supersede the pro- visions of sections 3A and 4 of the existing Ordinance and render them unneces- sary.
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