SEDITION ORDINANCE

SEDITION ORDINANCE

CHAPTER 217.

SEDITION.

To make better provision for the prevention and punishment
of sedition.
[2nd September, 1938.]

1. This Ordinance may be cited as the Sedition
Ordinance.

2. In this Ordinance-
'import' includes to bring or cause to be brought into the
Colony;
'publication' includes all written or printed matter and
everything, whether of a nature similar to written or
printed matter or not, containing any visible representa-
tion, or by its form, shape, or in any manner capable of
suggesting words or ideas, and every copy and reproduc-
tion of any publication;
'seditious publication' means a publication having a
seditious intention ;
'seditious words' means words having a seditious intention.

3. (1) A 'seditious intention' is an intention-
(a) to bring into hatred or contempt or to excite dis-
affection against the person of His Majesty, or His
Heirs or Successors, or against the Government of
this Colony or the government of any other part of
His Majesty's dominions or of any territory under
His Majesty's protection as by law established; or
(b) to excite His Majesty's subjects or inhabitants of
the Colony to attempt to procure the alteration,
otherwise than by lawful means, of any other matter
in the Colony as by law established ; or
(c) to bring into hatred or contempt or to excite dis-
affection against the administration of justice in the
Colony; or
(d) to raise discontent or disaffection amongst His
Majesty's subjects or inhabitants of the Colony; or
(e) to promote feelings of ill-will and hostility between
difrerent classes of the population of the Colony,
but an act, speech or publication is not seditious by reason
only that it intends-





(i) to show that His Majesty has been misled or
mistaken in any of his measures; or
(ii) to point out errors or defects in the govern-
ment or constitution of the Colony as by law
established or in legislation or in the administration
of justice with a view to the remedying of such errors
or defects ; or
(iii) to persuade His Majesty's subjects or in-
habitants of the Colony to attempt to procure by
lawful means the alteration of any matter in the
Colony as by law established ; or
(iv) to point out, with a view to their removal, any
matters which are producing or have a tendency to
produce feelings of ill-will and enmity between
different classes of the population of the Colony.

(2) In determining whether the intention with which an),
act was done, any words were spoken, or any document was
published, was or was not seditious, every person shall be
deemed to intend the consequences which would naturally
follow from his conduct at the time and under the CirCL1111-
stances in which he so conducted himself.

4. (1) Any person who-
(a) does or attempts to do, or makes any preparation to
do, or conspires with any person to do, any act with
a seditious intention
(b) utters any seditious words;
(c)prints, publishes, sells, offers for sale, distributes or
reproduces any seditious publication ;
(d)imports any seditious publication, unless he has no
reason to believe that it is seditious,
shall be guilty of an offence and liable for a first offence.to
a fine of five thousand dollars and imprisonment for two
years, and for a subsequent offence to imprisonment for three
years ; and any seditious publication shall be forfeited to the
Crown.

(2) Any person who without lawful excuse has in his
possession any seditious publication shall be guilty of an
offence and liable for a first offence to a fine of two thousand
dollars and to imprisonment for one year and for a subse-
quent offence to imprisonment for two years; and such
publication shall be forfeited to the Crown.






5. (1) No prosecution for an offence under section 4
shall be begun except within six months after the offence is
committed.

(2) A person shall not be prosecuted for an offence
under section 4 without the written consent of the Attorney
General.

6. No person shall be convicted of an offence under
section 4 on the uncorroborated testimony of one witness.

7. If a magistrate is satisfied by information on oath
that there is reasonable cause to believe that an offence under
this Ordinance has been or is about to be committed he may
grant a search warrant authorizing any police officer to enter
any premises or place named in the warrant, with such assis-
tance as may be necessary, and if necessary by force, and to
search the premises or place and every person found therein,
and to seize anything found on the premises or place which
the officer has reasonable ground for suspecting to be
evidence of an offence under this Ordinance.
13 of 1938. 28 of 1938. 22 of 1950. Short title. Definitions. Seditious intention. 28 of 1938, s. 2. 28 of 1938, s. 2. [s. 3 cont.] Offences. 22 of 1950, Schedule. 22 of 1950. Schedule. Legal proceedings. Evidence. Search warrant.

13 of 1938. 28 of 1938. 22 of 1950. Short title. Definitions. Seditious intention. 28 of 1938, s. 2. 28 of 1938, s. 2. [s. 3 cont.] Offences. 22 of 1950, Schedule. 22 of 1950. Schedule. Legal proceedings. Evidence. Search warrant.

https://oelawhk.lib.hku.hk/items/show/2043

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