BOYCOTT PREVENTION ORDINANCE, 1912

BOYCOTT PREVENTION ORDINANCE, 1912

No. 41 of 1912.

An Ordinance to prevent the undue and improper iner-
ference with or hampering of lawful business and
commercial undertakings.
[19th December, 1912.]

1. This Ordinance may be cited as the Boycott Prevention
Ordinance, 1912.

2. In this Ordinance,

(a) Boycotting means and includes the use of any
words, or the importing, making, printing, reproducing,
having in possession, having unde control, placarding,
posting, disseminating, or in any other manne whatsoever
dealing with any printed, matter, or pictorial representions, or
documents, papers, matter, or pictorial representions, or
the doing of any acts, intended or calculated to persuade
or induce any peson or persons-

(i) not to let, hire, use, make use of, or occupy any immov-
able or movable property in any lawful manner; or


* As amended by Law Rev. Ord., 1924.


(ii) not to deal with, trade with, work for or hire in any
lawful manner any person or pesons in the ordinary course
of trade, business, occupation, employment, or undertaking;
or

(iii) not to carry out or comply with the requirements of
the law; or

(iv) to refuse to comply with or to interfere with the
administration of the law.

(b) Intimidation includes any words or acts intended or
claculated to put any peson i fear of any injury or danger
to himself, or tow any member of his family, or to any person
in his employment, or in fear of any injury to or loss of
property, business, employment, means of living, or member-
ship of or status in any society as defined in this Ordinance.

(c) Person includes the public generally or any portion
of the public or any society as fefined in this Ordinance.

(d) Society includes any company, corporation, club,
guild, or any combination or association of any kind what-
soever consisting or more that two persons whether such
combination or association be known or designated by any
distinctive name or not.

3. Every person who is a member of or takes part in any
society which uses violence, threat, or intimidation to or
towards any person or persons with the view of causing any
person or persons either to do any act which such person or
persons has or have a legal right oto abstain from doing or to
abstain from doing any act which such peson or persons has
or have a legal right to do shall be deemed to have committed
an offence against the provisions of this Ordinance.

4. Evey person who uses violence, threat, or intimidation
to or towards any person or persons with the view of causing
any peson or ersons either to do any act which such per-
son or persons has or have a leagal right to abstain from doing
or to abstrin from doing any at which such person or
pesons has or have a legal right to do shall be deemed to
have committed an offence against the provisions of this
Ordinance.

* As amended by Law Rev. Ord., 1924.

































5. Every person who commits boycotting as defined in
this Ordinance shall be deenled to have committed an offence
against the provisions of this Ordinance.

6. Every person who aids, abets, incites, induces or attempts
to incite or induce any person or persons to commit any
offence against the provisions of this Ordinance shall be
deemed to have committed an offence against the provisions
of this Ordinance.

7.-(1) Every person who commits any offence against the
provisions of this Ordinance shall be guilty of a misdemeanor
and shall upon summary conviction be liable to a fine not
exceeding one thousand dollars and to imprisonment for any
term not exceeding one year in addition to any other penalty
or civil claim to which such person may be legally liabel in
respect of any act committed by him in or in connexion with
the commission by him of any offence against the provisions
of this Ordinace.

(2) Any printed, written, or otherwise produced documents,
papers, matter, or pictoril representations seized in con-
nexion with any prosecution relating to the commission of
any offence against the provisions of this Ordinance and
which shall be in the opinion of the magistrate before whom
such prosecution may have been brought such as may be
intended or calculated to persuade or induce any peson or
persons to commit or to aid, abet, incite, or induce any
person or persons to commit any offence against the provi-
sions of this Ordinance shall be confiscated and dealt with
as such magistrate may direct.

8. It shall be lawful for any justice of the peace or
magistrate upon the application of any oficer of police or the
person employed under the provisions of this Ordinance for
the purpose of carrying out effectively the provisions of this
Ordinance to issue to such officer or person a warrant
authorising such officer or person to ente with or without
assistance using force in either case if necessary in to any
dwelling-house or other building or any place where such
officer or peson may have reasonable cause to believe that
there are any printed, written, or otherwise produced docu-
ments, papers, amtte, or pictoral representations intended
or calculated to persuade or induce any person or persons to


* As amended by Law Rev. Ord., 1924.



commit or to aid, abet, incite, or induce any person or
persons to commit any offence against the provisions of this
Ordinance and having entered upon such premises to search
for the same and any such printed, written, or otherwise
produced documents, papers, matter, or pictorial representa-
tions so found on such premises shall be thereupon seized
by such police officer or person and shall be forthwith, as
soon as may be, taken by such police officer or person before
a magistrate who shall if he is of the opinion that such
printed, writtten, or otherwise produced documents, papers,
matters, or pictoral representations are intended or clacula-
ted to persuade or induce any person or persons to commit
or to aid, abet, incite, or induce any person or pesons to
commit any offence against the provisions of this Ordinance
order the same to be confiscated and dealt with in such
manner as he may direct.

9.-(1) The Governor in Council may whenever it shall
appear to him desirable for the prevention, detection
punishment of offences against the provisions of this Ordinance
declare by proclamation published in the Gazette that any
area in the Colony shall be deemed to be a boycotting area.

(2) Upon any such area being declared to be a boycotting
area in manner provided in sub-section (1), the Governor in
Council may order by proclamation published in the Gazette
that a special rate be levied upon such proclaimed area.

(3) Any such order for the levy and payment of a special
rate as aforesaid shall prescribe the amount of such rate, the
class or classes of property upon which such rate shall be
levied, and the period for which such rate shall be levied.

(4) The payment of any special rate imposed under the
provisions of this section shall be made and shall be capable
of being enforced in the same manner as are rates levied
under the provisions of the Rating Ordinance, 1901:
Provided however that, notwithstanding any express or
implied agreement as to the payment of rates levied under
the provisions of the Rating Ordinanace, 1901, between the
owner and occupier of any tenement upon which any special
rate shall be levied under the shall be deemed to be an occupier's
rate and the amount thereof, if paid by the owner, may be
such special rate so levied shall be deemed to be an occupier's
rate and the amount thereof, if paid by the owner, may be
recovered by such owner from the occupier in an action for
money paid to his use or, if such occupier is still in occupation
of such tenement, by distress in the same manner as for rent.

As amended by Law Rev. Ord., 1924.



















(5) The Governor in Council may in his discretion exempt
from the payment of any special rate levied under the
provisions of this section any peson who is an occupier of
or owner of property in any area proclaimed as a boycotting
area under the provisions of this section.

(6) It shall be lawful for the Governor in Council to order
the payment to any person who may have incurred pecuniary
loss or suffered damage by reason of any offence committed
or believed by the Governor in Council to have been committed
against the provisions of this Ordinance of the whole or any
part of the amount of any special rate levied under the
provisions of this section.

(7) It shall be lawful for the Governor in Council to order
the payment form the amount of any special rate levied under
the provisions of this section of such sum of sums as he may
think fit by way of reward to any person or persons who may
have given such information as shall have in the opinion of
the Governor in Council been of utility in the prevention,
detection, or punishment of any offence about to be committed
or committed against the provisions of this Ordinance or by
way of remuneration to any person or pesons whom it may
be, in the opinion of the Governor in Council, desirable to
employ for the purpose of carrying out or assisting in
carrying out effectively th eprovisions of this Ordinance.

(8) No special rate levied under the provisions of this
Ordinance shall be liable to assessment for military contribu-
tion under the provisions of the Defence Contribution Ordi-
nance, 1901.

10. It shall be lawful for the Governor at any time and
from time to time by proclamation published in the Gazette
to order that the operation of this Ordinance or of any part
of this Ordinance shall be suspended from such day and for
such period as the Governor shall in such proclamation
determine and it shall further be lawful for the Governor in
like manner at any time and from time to time to rescind or
vary any such order.

11. If at the expiration of seven days after the coming into
operation of any order rescinding the suspension of the
operation of this Ordinance issued under the provisions of


* See Prooclamation No. 3 of 1913.
+ As amended by Law Rev. Ord., 1924.
section 10, any state of boycotting or condition of boycotting
which may be in existence at the coming into operation of
any order as aforesaid has not entirely ceased and abated, it
shall be lawful for the Governor in Council to declare by
proclamation punished in the Gazette that the provisions
of section 9 shall operate retrospectively and shall be deemed
to have been in force as from such date as may by the said
proclamation be determined and upon the publicationof
such proclamation the provisions of section 9 of thie Ordinance
shall be as from such date so determined in such proclamation
of full legal force and effect. For the purposes of this section,
state of boycotting and condition of boycotting shall
mean any such state or condition of affairs as may in the
opinion of the Governor in Council be regarded as a state
of boycotting or condition of boycotting.
[Originally No. 41 of 1912. Lae Rev. Ord., 1924.] Short title. Interpretation. Intimidation. Person. Society. Member of a society which commits violence. Threat or intimidation guilty of an offence. Person committing violence, threat or intimidation guilty of an offence. Boycotting an offence. Aiding or inciting to commit offence. Penalty for offence against Ordinance. Forfeiture of provocative matter. Power to enter and search under warrant premises for provocative matter. Proclamation of boycotting area. Levy of special rate in proclaimed area. Order to prescribe amount and mode of levy. Payment of special rate. Ordinance. No. 6 of 1910. Exemption from payment. Compensation to person suffering damage. Reward to informers and remuneration for assistance. Special rate not assessable for military contribution. Ordinance No. 1 of 1901. Power to suspend operation of Ordinance. Power to give retrospective effect.

[Originally No. 41 of 1912. Lae Rev. Ord., 1924.] Short title. Interpretation. Intimidation. Person. Society. Member of a society which commits violence. Threat or intimidation guilty of an offence. Person committing violence, threat or intimidation guilty of an offence. Boycotting an offence. Aiding or inciting to commit offence. Penalty for offence against Ordinance. Forfeiture of provocative matter. Power to enter and search under warrant premises for provocative matter. Proclamation of boycotting area. Levy of special rate in proclaimed area. Order to prescribe amount and mode of levy. Payment of special rate. Ordinance. No. 6 of 1910. Exemption from payment. Compensation to person suffering damage. Reward to informers and remuneration for assistance. Special rate not assessable for military contribution. Ordinance No. 1 of 1901. Power to suspend operation of Ordinance. Power to give retrospective effect.

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1923

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