Tuesday 24 March 2015

Modifications and Amendments made to the Sedition Act from its Inception in 1948

Date
Sections Amended
Original Provision
Amended Provision
13.11.1958
Section 2 – Definition of “Government” substituted
“Government” means any of the Governments of the United Kingdom, of the Federation, of any State or Settlement in the Federation, or of any Dominion, Colony, Protectorate State or territory in the possession of or under the protection of or held under any mandate or trusteeship by His Britannic Majesty or the Government of any of His Britannic Majesty’s Dominion
“Government” means the Government of the Federation and of any State in the Federation
Section 2 – Definition of “Ruler” substituted
“Ruler” means His Britannic Majesty or any Ruler of any Malay or other State under the protection of His Britannic Majesty
“Ruler” means the Yang di-Pertuan Agong or the Ruler or Governor of any State in the Federation
Section 3(1)(c) – words “Malay” and “Settlement” deleted
To bring into hatred or contempt or to excite disaffection against the administration of justice in the Federation or in any Malay State or Settlement; or
To bring into hatred or contempt or to excite disaffection against the administration of justice in the Federation or in any State; or
Section 3 (1)(d) – words “His Majesty” and words “Malay” and “Settlement” deleted
To raise discontent or disaffection amongst the subjects of His Majesty or of the Ruler of any Malay State or amongst the inhabitants of the Federation or of any Malay State or Settlement; or
To raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any Malay State or amongst the inhabitants of the Federation or of any State; or
Section 6(1) – words “Enactment of the Federated Malay States or any corresponding provision of law in force in any Malay State or Settlement” substituted
Notwithstanding anything to the contrary contained in the Evidence Enactment of the Federated Malay States or any corresponding provision of law in force in any Malay State or Settlement, no person shall be convicted of an offence under section 4 of this Ordinance on the uncorroborated testimony of one witness
Notwithstanding anything to the contrary contained in the Evidence Ordinance, 1950, no person shall be convicted of an offence under section 4 of this Ordinance on the uncorroborated testimony of one witness
Marginal note to Section 6(1) substituted
Evidence F.M.S. Cap. 10
No. 11 of 1950
14.04.1970
Title
Federation Of Malaya, No. 14 of 1948
Laws of Malaysia, Act 15, Sedition Act, 1948
Preamble – substituted the word “Ordinance” with the word “Act”
An Ordinance to provide for the punishment of sedition
An Act to provide for the punishment of sedition
Section 1 – substituted the word “Ordinance’ with the word “Act”
This Ordinance may be cited as the Sedition Ordinance, 1948
This Act may be cited as the Sedition Act, 1948
Section 3(1)(b) – substituted the words “by such Government” with the words “by the Government”
To excite the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure in the territory of such Ruler or governed by such Government, the alteration, otherwise than by lawful means, of any matter as by law established; or
To excite the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure in the territory of such Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established; or
Section 3(1)(c) – substituted the words “the Federation” with the word “Malaysia”
To bring hatred or contempt or to excite disaffection against the administration of justice in the Federation or in any State; or
To bring hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State; or
Section 3(1)(d) - substituted the words “the Federation” with the word “Malaysia”
To raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any Malay State or amongst the inhabitants of the Federation or of any State; or
To raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any Malay State or amongst the inhabitants of Malaysia or of any State; or
Section 3(1)(e) - substituted the words “the Federation” with the word “Malaysia”
To promote feelings of ill-will and hostility between different races or classes of the population of the Federation
To promote feelings of ill-will and hostility between different races or classes of the population of Malaysia
Section 3(2) – Made grammatical changes
Notwithstanding anything in sub-section (1) of this section contained an act, speech, words, publication or other thing shall not be deemed to be seditious by reason  only that it has tendency -
Notwithstanding anything in sub-section (1) an act, speech, words, publication or other things shall not be deemed to be seditious by reason only that it has a tendency -
Section 3(2)(c) - substituted the words “by such Government” with the words “by the Government”
To persuade the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure by lawful means the alteration of any matter in the territory of such Ruler or governed by such Government as by law established; or

To persuade the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure by lawful means the alteration of any matter in the territory of such Ruler or governed by the Government as by law established; or

Section 3(2)(d) - substituted the words “the Federation” with the word “Malaysia”
To point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of the Federation
To point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of Malaysia
Section 3(3) – substituted the word “Ordinance” with the word “Act”
For the purpose of proving the commission of any offence against this Ordinance the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published, sold, offered for sale, distributed, reproduced or imported any publication or did any other thing shall be deemed to be irrelevant if in fact such act had, or would, if done, have had, or such words, publication or thing had, a seditious tendency
For the purpose of proving the commission of any offence against this Act the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published, sold, offered for sale, distributed, reproduced or imported any publication or did any other thing shall be deemed to be irrelevant if in fact such act had, or would, if done, have had, or such words, publication or thing had, a seditious tendency
Section 5(1) – Deleted the words “of this Ordinance”
No prosecution for an offence under section 4 of this Ordinance shall be begun except within six months after the offence is committed
No prosecution for an offence under section 4 shall be begun except within six months after the offence is committed
Section 5(2) - Deleted the words “of this Ordinance” and substituted the words “the Federation” with the word “Malaysia”
No person shall be prosecuted for an offence under section 4 of this Ordinance without the written consent of the Public Prosecutor. In such written consent the Public Prosecutor may designate any Court within the Federation to be the Court of trial.
No person shall be prosecuted for an offence under section 4 without the written consent of the Public Prosecutor. In such written consent the Public Prosecutor may designate any Court within the Malaysia to be the Court of trial.
Section 6(1) – Deleted the figure “1950” and the words “of this Ordinance”
Notwithstanding anything to the contrary contained in the Evidence Ordinance, 1950, no person shall be convicted of an offence under section 4 of this Ordinance on the uncorroborated testimony of one witness
Notwithstanding anything to the contrary contained in the Evidence Ordinance, no person shall be convicted of an offence under section 4 on the uncorroborated testimony of one witness
Section 6(2) – substituted words “paragraph (c) or paragraph (d) of sub-section (1) of section 4 of this Ordinance” with words and figures “section 4(1)(c)(d)”
No person shall be convicted of any offence referred to in paragraph (c) or paragraph (d) of sub-section (1) of section 4 of this Ordinance if such person proves that the publication in respect of which he is charged was printed, published, sold, offered for sale, distributed, reproduced or imported (as the case may be) without his authority, consent and knowledge, and without any want of due care or caution on his part, or that he did not now and had no reason to believe that the publication had a seditious tendency.
No person shall be convicted of any offence referred to in section 4(1)(c) or (d) if the person proves that the publication in respect of which he is charged was printed, published, sold, offered for sale, distributed, reproduced or imported (as the case may be) without his authority, consent and knowledge, and without any want of due care or caution on his part, or that he did not now and had no reason to believe that the publication had a seditious tendency.
Section 7 – added the words “or, in Sabah and Sarawak, to an administrative officer or to the officer in charge of the nearest police station”
Any person to whom any seditious publication is sent without his knowledge or privity shall forth-with as soon as the nature of its contents has become known to him deliver such publication to the officer in charge of a police district, and any person who complies with the provisions of this section shall not be liable to be convicted for having in his possession such publication:
Any person to whom any seditious publication is sent without his knowledge or privity shall forth-with as soon as the nature of its contents has become known to him deliver such publication to the officer in charge of a police district or, in Sabah and Sarawak, to an administrative officer or to the officer in charge of the nearest police station, and any person who complies with the provisions of this section shall not be liable to be convicted for having in his possession such publication:
Section 9(2) – made grammatical changes
Any person who contravenes an order made under this section shall be guilty of an offence, and shall be liable to imprisonment of either description for a term not exceeding three years or to a fine not exceeding five thousand dollars or to both such imprisonment and fine
Any person who contravenes an order made under this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both.
Section 9(3) – substituted the word “Ordinance” with the word “Act”
Nothing in this Ordinance shall affect the power of the Court to punish any person contravening an order under this section for contempt of Court: Provided that no person shall be punished twice for the same offence
Nothing in this Act shall affect the power of the Court to punish any person contravening an order under this section for contempt of Court: Provided that no person shall be punished twice for the same offence
Section 10(4) – made grammatical changes
Every person on whom a copy of a prohibition order is served by any police officer shall forthwith deliver to that police officer every prohibited publication in his possession, power, or control, and, if he fails to do so, he shall be guilty of an offence and shall be liable to imprisonment of either description for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both such imprisonment and fine.
Every person on whom a copy of a prohibition order is served by any police officer shall forthwith deliver to that police officer every prohibited publication in his possession, power, or control, and, if he fails to do so, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or both
Section 10(5) – made grammatical changes
Every person to whose knowledge it shall come that a prohibited publication is in his possession, power, or control shall forthwith deliver every such publication into the custody of the police, and, if he fails to do so, he shall be guilty of an offence and shall be liable to imprisonment of either description for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both such imprisonment and fine
Every person to whose knowledge it shall come that a prohibited publication is in his possession, power, or control shall forthwith deliver every such publication into the custody of the police, and, if he fails to do so, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both
Section 10(8) – substituted words “Government of the Federation” with the words “Federal Government”
Every prohibited publication delivered or seized under this section with respect to which a petition is not filed within the time aforesaid or which is not ordered to be returned to the owner shall be deemed to be forfeited to the Government of the Federation
Every prohibited publication delivered or seized under this section with respect to which a petition is not filed within the time aforesaid or which is not ordered to be returned to the owner shall be deemed to be forfeited to the Federal Government
Section 11 – substituted the word “Ordinance” with the word “Act”
Any police officer not below the rank of Inspector may arrest without warrant any person found committing or reasonably suspected of committing or of having committed or of attempting to commit or of procuring or abetting any person to commit any offence against this Ordinance, or reasonably suspected of the unlawful possession of any thing liable to forfeiture thereunder
Any police officer not below the rank of Inspector may arrest without warrant any person found committing or reasonably suspected of committing or of having committed or of attempting to commit or of procuring or abetting any person to commit any offence against this Act, or reasonably suspected of the unlawful possession of any thing liable to forfeiture thereunder
Section 12 – repealed
The Ordinance and Enactments set out in the Schedule to this Ordinance are hereby repealed

Schedule (Section 12) Repeal - repealed
List of Sedition Enactments and Ordinances in the Federated Malay States, Strait Settlements, Johore, Kedah, Perlis, Kelantan and Terengganu

10.08.1970
Section 3(1) – new paragraph (f) added
A “seditious tendency” is a tendency -
A “seditious tendency” is a tendency –
(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153, or 181 of the Federal Constitution
Section 3(2)(b) – inserted new phrase after “constitution as by law”
To point out errors or defects in any Government or constitution 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
To point out errors or defects in any Government or constitution as by law (except in respect of any matter, right, status, position, privilege, sovereignty or prerogative referred to in paragraph (f) of sub-section (1) otherwise than in relation to the implementation of any provision relating thereto) established or in legislation or in the administration of justice with a view to the remedying of such errors or defects; or
Section 3(2) – paragraphs (c) and (d) substituted with paragraph (c)
(c) to persuade the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure by lawful means the alteration of any matter in the territory of such Ruler or governed by such Government as by law established; or

(d) to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of the Federation;
(c) except in respect of any matter, right, status, position, privilege, sovereignty or prerogative referred to in paragraph (f) of sub-section (1)-

(i) to persuade the subjects of any Rulers or the inhabitants of any  territory governed by any Government to attempt to procure by  lawful means the alteration of any matter in the territory of such  Government as by law established; or

(ii) to point out, with a view to their removal, any matters producing  or having a tendency to produce feelings of illwill and enmity  between different races or classes of the population of the  Federation,
Section 5 – Deleted sub-section (1) and renumbered sub-section (2) as sub-section (1)
(1) No prosecution for an offence under Section 4 of this Ordinance shall be begun except within six months after the offence is committed;

(2) No person shall be prosecuted for an offence under section 4 of this Ordinance without the written consent of the Public Prosecutor. In such written consent the Public Prosecutor may designate any Court within the Federation to be the Court of trial
(1) No person shall be prosecuted for an offence under section 4 of this Ordinance without the written consent of the Public Prosecutor. In such written consent the Public Prosecutor may designate any Court within the Federation to be the Court of trial


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