SEDITIOUS PUBLICATIONS ORDINANCE, 1914

SEDITIOUS PUBLICATIONS ORDINANCE, 1914

No. 6 of 1914.
An Ordivance to Provide against the circulation in the
Colony of seditious publications.

[24th April, 1914.]

1. This Ordinance may be cited as the Seditious Pub-
lications Ordinance, 1914.

2. In this Ordinance,

(a) Book includes every volume, part or division of a
volume, and pamphlet, in any language, and every sheet of
music, map, chart, or plan separately printed or lithographed.

As amended by Law Rev. Ord., 1924.





(b) Document includes also ally painting, drawing or
photograph or other visible representation.
(c) Newspaper means any periodical work containing,
public news or comments on public news.
(d) Seditious matter means any words, signs or visible
representations contained in any newspaper, book or other
document which said words, signs or visible representations
are likely or may have a tendency, directly or indirectly
whether by inference, suggestion, allusion, metaphor, im-
plication or otherwise-
(i) to incite to murder or to any offence under the Explosive
Substances Ordinance, 1913, or to any act of violence; or
(ii) to seduce any officer, sailor or soldier in His Majesty's
navy or army from his allegiance or his duty; or
(iii) to bring into hatred or contempt His Majesty, or the
Government established by law in the United Kingdom or
in this Colony or in any British possession or in British
India or the administration of justice in any of such places
or any class or section of His Majesty's subjects in any of
such places or to excite disaffection towards His Majesty or
any of the said Governments; or
(iv) to put any person in fear or to cause annoyance to him
and thereby induce him to deliver to ally person any property
or valuable security, or to do any act which he is not legally
bound to do, or to omit to do any act which he is legally
entitled to do ; or
(v) to encourage or incite any person to interfere with the
administration of the law or with the maintenance of law and
order; or
(vi) to convey any threat of injury to a public servant, or
to any person in whom that public servant is believed to be
interested, with the view to inducing that public servant to
do any act or to forbear or delay to do any act connected
with the exercise of his public functions.

3. Where any newspaper, book or other document
wherever printed appears to the Governor in Council to
contain any seditious matter, the Governor in Council may,
by notification in the Gazette, declare such newspaper, book
or other document to be forfeited, and thereupon any police
officer may seize the same wherever found.

As amended by No. 6 of 1915.





3A. Every person who knowingly has in his possession,
without lawful authority or excuse,-

(1) any newspaper, book or other document which contains
any seditious matter; or

(2) any portion of or extract from any newspaper, book
or other document which contains any seditious matter; or

(3) any newspaper, book or other document in respect of
which a declaration of forfeiture has been made under
section 3, or any portion of or extract from any such news-
paper, book or other document, whether such portion or
extract itself contain any seditious matter or not,

shall be guilty of an offence and shall be liable to a line not
exceeding five hundred dollars and to imprisonment for any
term not exceeding two years.

3B. In any prosecution under section 13A, the burden of
proving absence of knowledge that the newspaper, book or
other document, or the portion thereof or extract therefrom,
contains seditious matter, or that the newspaper, book or
other document has been declared to be forfeited, shall lie on
the defendant.

4. Every person who within the Colony prints, publishes,
sells, offers for sale, distributes, or in any way exhibits or
exposes any newspaper, book or document, or an extract
from any newspaper, book or document in respect of which
a declaration of forfeiture has been made under section 3
shall be guilty of an offence and be liable to a fine not
exceeding five hundred dollars and imprisonment for any
term not exceeding two years.

5. The Superintendent of Imports and Exports or any
other officer authorised by the Governor in Council in this
behalf may detain any package brought into the Colony
which he suspects to contain any newspaper, book or other
docum ent containing seditious matter and shall forthwith
forward any newspaper, book or other document containing
seditious matter found therein to such officer as the Governor
in Council may appoint in this behalf to be disposed of in
such manner as the Governor in Council may direct.

As amended by No. 6 of 1915 and Law Rev. Ord., 1924.
As amended by Law Rev. Ord., 1924.





6. The Postmaster General or any officer authorised by
him in this behalf may detain any article in course of trans-
mission by post which he suspects to contain any newspaper,
book or other document containing seditious matter and shall
deliver any such newspaper, book or other document contain-
ing seditious matter so detained to such officer as the
Governorin Council may appoint in this behalf to be disposed
of in such manner as the Governer in Council may direct:

Provided that no person employed by or under the Post
Office shall open any such article unless he is authorised by
express warrant in writing under the hand of the Governor
or is otherwise authorised by law in that behalf.

7.-(1) Any person. having an interest in any property in
respect of which a declaration of forfeiture has been made
under section 3, may, within two months from the date of
such declaration, apply to the Supreme Court to set aside such
declaration on the ground that the, newspaper, book or other
document in respect of which the declaration was made did
not contain any seditious matter.

(2) If it appears, to the Supreme Court that the newspaper,
book or other document in respect of which the declaration
in question was made did not contain seditious matter, the
Supreme Court shall set aside the declaration of forfeiture.

8. Every declaration of forfeiture purporting to be made
under this Ordinance shall, as against all persons, be con-
clusive evidence that the forfeiture therein referred to has
taken place, and no proceeding purporting to be taken under
this Ordinance shall be called in question by any court,
except by the Supreme Court on an application made under
the provisions of section 7, and no civil or criminal proceed-
ing, except as provided by this Ordinance, shall be instituted
against any person for anything done or in good faith
intended to be done under this Ordinance.

9. Whenever it appears to a magistrate upon the oath of
any person that there is reasonable cause to suspect that
any-
(1) newspaper, book or other document which contains
any seditious matter, or

* As amended by Law Rev. Ord., 1924.
As amended by No. 6 of 1915 and Law Rev. Ord., 1924.

(2) portion of or extract from any newspaper, book or other
document which contains any seditious matter, or

(3) newspaper, book or other document in respect of which
a declaration of forfeiture has been made under section 3,
or any portion of or extract from any such newspaper, book
or other document, whether such portion or extract itself
contain anty seditious matter or not,

is in any building, vessel (not being a ship of war or a Ship
having the status of a ship of war), or place, such magistrate
may by warrant directed to any officer of police empower him
with such assistants as may be, necessary, by day or by
night,-

(a) to enter and if necessary to break into or forcibly
enter such building, vessel or place, and to search for
take possession of any such newspaper, book or other docu-
ment, or portion of or extract therefrom, which may be
found there; and

(b) to arrest any person who may appear to have such
newspaper, book or other document, or portion thereof or
extract therefrom, in his possession.
[Originally No. 6 of 1914. No.6 of 1915. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinance. No.23 of 1913. Power to governor in Council to declare certain publications forfeited. Possession of seditious document, etc, an offence. Onus of proof. Issue, sale or exposure of forfeited publication an offence. Power to Superintendent of Imports and Exports to detain packages containing certain publications. Power to Postmaster General to detain certain publications when transmitted by post. Application to Supreme court to set aside declaration of forfeiture. Order of Supreme Court setting aside declaration of forfeiture. Jurisdiction barred. Search warrant and arrest.

[Originally No. 6 of 1914. No.6 of 1915. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinance. No.23 of 1913. Power to governor in Council to declare certain publications forfeited. Possession of seditious document, etc, an offence. Onus of proof. Issue, sale or exposure of forfeited publication an offence. Power to Superintendent of Imports and Exports to detain packages containing certain publications. Power to Postmaster General to detain certain publications when transmitted by post. Application to Supreme court to set aside declaration of forfeiture. Order of Supreme Court setting aside declaration of forfeiture. Jurisdiction barred. Search warrant and arrest.

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