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Tonga Consolidated Legislation |
LAWS OF TONGA
[1988 Ed.]
CHAPTER
18
CRIMINAL
OFFENCES
ARRANGEMENT OF
SECTIONS
SECTION
1.
Short title.
2.
Interpretation.
3. Accused not to be
convicted of offence not charged.
PART I-ATTEMPTS TO COMMIT CRIME
4. Impossibility of
committing the crime according to intent of offender is no
defence.
5. Punishments for attempts
to commit crime.
6. Accused charged
with committing an offence not to be acquitted if evidence only established an
attempt.
7. Accused charged with
attempt may be convicted although evidence establishes full
offence.
PART II-ABETMENT, HARBOURING CRIMINALS, CONSPIRACY. ETC.
8. Abetment of crime and
punishment of abettor.
9.
Jurisdiction.
10.
Trial.
11.
Proof.
12. Abettor deemed a party to
any offence which he ought to have known would be committed as a result of his
counselling.
13. Harbouring
criminals.
14. Compounding
crimes.
15. Conspiracy.
PART III-EXEMPTIONS FROM CRIMINAL RESPONSIBILITY
16. Criminal liability of
children.
17. Criminal liability of
persons suffering from mental
disease.
18. Procedure where accused
on arraignment appears to be
insane.
19. Procedure where accused
was insane at time of committing the
crime.
20. Custody of accused person
found to be insane.
21.
Intoxication.
22. Criminal liability
of married women.
23. Criminal
liability for acts of involuntary agents.
PART IV-PUNISHMENTS
24. Different kinds of
punishment.
25. Payment of
compensation.
26.
Fines.
27. Fines: payment of, not
enforceable until expiration of 14 days from
conviction.
28. Imprisonment for
non-payment of fine: period of, how
reckoned.
29. Person imprisoned for
non-payment of fine to be released on payment. Procedure on part payment of
fine.
30. Power to -impose fine
instead of imprisonment.
31.
Whipping.
32.
Imprisonment.
33. Death sentence:
King's assent: power to commute.
34.
Chief Justice on pronouncing sentence of death to forward report to Prime
Minister.
35. Sentence of death: how
executed.
36. Medical officer to
supply certificate of death after execution of
offender.
37. Inquest by magistrate on
body of person executed.
38. Privy
Council to appoint place of burial for executed
criminals.
39. Power of Privy Council
to make regulations with respect to execution of sentence of
death.
40. Sentence of death not to be
passed on expectant mother.
41.
Procedure where women convicted of capital offence alleged to be
pregnant.
PART V-TRIAL OF OFFENCES AND ALTERNATIVE VERDICTS
42. Trial of
offences.
PART VI-PROCEDURE AGAINST CORPORATIONS
43. Procedure on charge of
offence against corporation.
PART VII-OFFENCES AGAINST THE STATE
44.
Treason.
45. Concealment of
treason.
46. Attempts to injure or
alarm the King.
47.
Sedition.
48. Definition of seditious
intention.
49. Deprivation of civil
rights.
50. Acceptance of bribe by
government servant.
51. Bribery and
attempted bribery of government
servant.
52. Extortion by government
servant.
53. Fraudulent conversion by
government servant.
54. False receipt:
issue of, by. government servant.
55.
Assaulting or obstructing government
servants.
56. Intimidating government
servants.
57. Use of threatening,
etc., language to government
servant.
58. Refusal to assist public
officer, etc., in prevention of
crime.
59. Making counterfeit coin or
having dies, etc., used in making
same.
60. Impairing or diminishing
current coin.
61. Knowingly uttering
counterfeit coin.
62. Importing, etc.,
counterfeit currency.
PART VIII-OFFENCES AGAINST JUSTICE, THE PUBLIC PEACE AND PUBLIC MORALS
63.
Perjury.
64. False
statements.
65. Wrongful interference
with course of justice.
66. Attempts
to bribe jurors.
67. Unlawful
society.
68. Managing unlawful
society.
69. Being member of unlawful
society.
70. Prosecution under
sections 67 and 68.
71. Power of
entry, arrest, search etc.
72.
Declaration by King in Council.
73.
Forfeiture of insignia etc.
74.
Unlawful assembly and riot.
75.
Punishment for unlawful assembly.
76.
Making proclamation for rioters to
disperse.
77. Rioters demolishing
buildings etc.
78. Going armed in
public.
79.
Bigamy.
80. Keeping a brothel,
etc.
81. Trading in
prostitution.
82. Gaming
houses.
83. Games of mere
chance.
84. Use of
disguise.
PART IX-OFFENCES AGAINST THE PERSON
85. Definition of
homicide.
86. Definition of culpable
homicide.
87. When culpable homicide
amounts to murder.
88. When culpable
homicide is manslaughter only.
89.
What matters amount to extreme
provocation.
90. When extreme
provocation will not avail.
91.
Penalty for murder. No death sentence against person under 16 years of
age.
92. Manslaughter and manslaughter
by negligence.
93. Penalties for
manslaughter and manslaughter by
negligence.
94. Person charged with
manslaughter may be convicted of dangerous
driving.
95. Omissions to perform a
legal duty.
96. When death to be
deemed to have been caused by an act or
omission.
97. Indirect cause of
death.
98. Child as the object of
homicide.
99.
Infanticide.
100. Attempt to commit
suicide.
101. Inciting or assisting to
commit suicide.
102. Concealment of
birth.
103. Procuring miscarriage of
woman or girl.
104. Woman or girl
procuring her own miscarriage.
105.
Supplying means of miscarriage.
106.
Grievous bodily harm.
107. Bodily
harm.
108. Attempt to
intimidate.
109. Discharging firearm
with intent to intimidate, etc.
110.
Exploding dynamite etc. with intent to
intimidate,
111. Threatening
documents.
112. Common
assault.
113. Assault,
obstruction.
114. Unlawful
imprisonment.
115. Cruelty to children
and young persons.
116. Enticing or
taking away children.
117. Enticing
married woman to desert her
husband.
118.
Rape.
119. Order restricting
publication.
120. Attempted
rape.
121. Carnal knowledge of girl
under 12 years of age.
122. Attempt to
have carnal knowledge.
123. Belief
that girl is more than 12 no
defence.
124. Indecent
assault.
125. Indecent assault on
child. Consent no defence.
126.
Procuring the defilement of
females.
127. Procuring defilement of
females by threats, fraud or administration of
drugs.
128. Abduction of
women.
129. Abduction of
girls.
130. Juvenile offender may be
whipped.
131. Offender charged with
rape may be convicted of indecent assault,
etc.
132. Incest by male
person.
133. Incest by female
person.
134. Definition of
relationship.
135. On charge of incest
or attempted incest accused may be convicted of rape,
etc.
136. Sodomy and
bestiality.
137. Assault with intent
to commit sodomy.
138. Indecent
assault on man.
139. Attempted sodomy.
Indecent assault upon a male.
140.
Evidence.
141. Proceedings may be in
camera.
142. Whipping for certain
offences.
PART X-OFFENCES AGAINST PROPERTY
143. Definition of
theft.
144. What things are capable of
being stolen.
145. Punishment for
theft.
146.
Whipping.
147. Taking things according
to Tongan custom.
148.
Receiving.
149. Summons charging theft
may also contain charge of
receiving.
150. Person may be charged
at preliminary inquiry before magistrate with other acts of theft against the
same person.
151. Finding of lost
property: (1) Duty of finder. (2) Duty of District
Officer.
152. Explanation as to
stealing of thing found.
153. Having
possession of thing reasonably suspected of being
stolen.
154.
Robbery.
155. Assault with intent to
rob.
156.
Extortion.
157. Demanding property
with menaces.
158.
Embezzlement.
159. Falsification of
accounts.
160. Person may be charged
at preliminary inquiry before magistrate with other acts of embezzlement, etc.,
against the same person.
161. Person
charged with embezzlement or fraudulent conversion may be convicted of theft and
vice versa.
162. Fraudulent conversion
of property.
163. Fraudulent
conversion by trustees, administrators,
etc.
164. Obtaining money or property
by false pretences.
165. Obtaining
execution or valuable security by
fraud.
166. Obtaining credit by false
pretences.
167. Obtaining goods on
credit by unauthorized use of employer's
name.
168. Obtaining goods on credit
by wrongfully having them charged to relative's
account.
169. Obtaining execution of
document by false pretences as to its
contents.
170.
Forgery.
171. Punishment for
forgery.
172. Knowingly dealing with
forged documents.
173.
Housebreaking.
174. Unlawful entry
into buildings by night.
175.
Unlawfully being on enclosed premises at
night.
176. Being armed with
instrument and intending to break and enter a
building.
177. Arson.
PART XI-WILFUL DAMAGE TO PROPERTY AND ANIMALS, TRESPASS, BURNING OFF UNDERGROWTH, ETC.
178. Wilful damage to
buildings, vessels, wharves, etc.
179.
Wilful damage to beacons, buoys,
etc.
180. Interference with landmarks
and survey pegs.
181. Wilful damage to
commodities.
182. Killing or maiming
cattle.
183. Killing or maiming other
animals.
184. Wilful damage to trees
or cultivated plants, etc.
185. Wilful
damage to fish fences, nets, etc.
186.
Wilful damage to fences.
187. Wilful
damage to things not otherwise provided
for.
188.
Trespass.
189. Taking and using cattle
without owner's consent.
190. Burning
things in towns without proper
precaution.
191. Burning off
undergrowth. Notice to be given and proper precautions taken.
PART XII-RESTITUTION OF PROPERTY CRIMINALLY OBTAINED AND DISPOSITION OF MONEY TAKEN FROM PRISONER ON ARREST
192. Power of Court to
order restitution of property criminally
obtained.
193. Power of Court to order
restitution where stolen property pawned by
thief.
194. Court may order money
taken from prisoner on arrest to be applied in payment of
compensation.
195. Court may order
money taken from prisoner on arrest to be paid to innocent purchaser of stolen
property which is restored to
rightful owner.
PART XIII-PROSECUTIONS AND PROCEDURE IN RELATION THERETO
196. In what Courts
prosecutions may be brought.
197. Who
may prosecute.
PART XIV-PROBATION OF OFFENDERS
198. Court may release
convicted offenders on recognizance to be of good
behaviour.
199. Court may place
convicted offender on probation.
200.
Court shall give offender notice of terms of probation in simple
language.
----------------------------------------
CHAPTER
18
CRIMINAL
OFFENCES
Acts Nos. 10 of 1924, 11 of 1924, 21 of 1926, 7 of 1929, 5 of 1930, 5 of 1931, 6 of 1935, 15 of 1935, 16 of 1935, 12 of 1936, 7 of 1939, 4 of 1942, 11 of 1942, 24 of 1942, 13 of 1943, 7 of 1944, 4 of 1948, 5 of 1948, 5 of 1949, 23 of 1950, 6 of 1952, 6 of 1954, 9 of 1956, 12 of 1957, 13 of 1957, 9 of 1958, 13 of 1958, 14 of 1958, 9 of 1959, 7 of 1962, 16 of 1962, 20 of 1966, 8 of 1967, 13 of 1969, 8 of 1975, 13 of 1978, 19 of 1978, 26 of 1978, 6 of 1980, 8 of 1984, 26 of 1984, 9 of 1987, 46 of 1988.
AN ACT RELATING TO CRIMINAL OFFENCES
[6th September, 1926]
Short
title.
1.
This Act may be cited as The Criminal Offences
Act.
Interpretation.
2.
In this Act unless the context otherwise requires-
"cattle" means the male, female or young of any animal of the following kinds, namely: horse, ass, mule, kine, sheep, goat or swine;
"Court" means the Supreme Court or a Magistrate's Court;
"currency" includes paper money, Treasury Notes, Bank Notes and metallic money the circulation of which is legally authorized (Added by Act 5 of 1930);
"night" means the time between the hour of 6 in the evening of any day and the hour of 6 in the following morning (Substituted by Act 13 of 1943);
"public place" means any road, highway, street, market, place or wharf and includes any building or vessel to which for the time being the public are entitled or permitted to have access either without any condition or upon conditions of making any payment and any building or place to which the public have the right of access or which is for the time being used for any public or religious meeting or assembly or as an open Court;
"valuable security" means any document which entitles or is evidence of the title of any person to any thing or proprietary right of any kind whatsoever and for the purposes of this Act a valuable security shall be deemed to be of the same value as the title to the thing or proprietary right which such security is evidence of and postage stamps shall be deemed to be of the same values as are specified on their faces;
"vessel" means every kind of ship, punt, boat or raft.
Accused
not to be convicted of offence not
charged.
3.
Except where otherwise provided in this Act no person charged with an offence
shall be found guilty of any other offence on the evidence
submitted to the
Court, if such evidence is insufficient to establish the offence with which such
person is charged.
(Added by Act 15 of
1935, Amended by Act 9 of
1958.)
PART I-ATTEMPTS
Definition
of
attempt.
4.
(1) An attempt to commit an offence is an act done or omitted with intent to
commit that offence forming part of a series of acts
or omissions which would
have constituted the offence if such series of acts or omissions had not been
interrupted by the voluntary
determination of the offender not to complete the
offence or by some other
cause.
(2) A person who attempts
to commit an offence by any means shall not be acquitted on the ground that by
reason of the imperfection
or other condition of the means or by reason of the
circumstances affecting the person against whom or the thing in respect of which
the crime was intended to be committed it was not possible to commit the crime
according to his intent.
Illustrations
A points a gun at B believing it to be loaded and meaning immediately to discharge it at him. A is guilty of an attempt to harm B although the gun is not, in fact, loaded.
A puts his hand into B's pocket intending to steal. A is guilty of an attempt to steal although there is nothing in the pocket.
Punishment
for
attempts.
5.
(1) Every person who attempts to commit any offence punishable by imprisonment
shall (unless the punishment for an attempt to commit
such offence is otherwise
expressly specified by law) be liable to imprisonment for a period not exceeding
one-half of the longest
period to which a person actually committing that
offence might be lawfully
sentenced.
(2) Every person who
attempts to commit any offence punishable by fine shall (unless the punishment
for an attempt to commit such
offence is otherwise expressly specified by law)
be liable to a fine not exceeding one-half of the maximum fine which a person
who
had actually committed the said offence might be sentenced to
pay.
Conviction
for attempt on charge of
offence
6.
Where the complete commission of the offence charged is not proved but the
evidence establishes an attempt to commit the offence,
the accused person may be
convicted of this attempt and punished
accordingly:
Provided that after a
conviction for the attempt the person so convicted shall not be liable to be
tried again for the offence which
he was charged with
committing.
Conviction
for attempt when full offence
proved.
7.
Where an attempt to commit an offence is charged but the evidence established
the commission of the full offence the accused for
attempt shall not be entitled
to be discharged but he may be convicted of the attempt and punished
accordingly:
Provided that after a
conviction for the attempt the accused person shall not be liable to be tried
again for the offence which he
was charged with attempting to
commit.
PART II.-ABETMENT, HARBOURING CRIMINALS, CONSPIRACY, ETC.
Abetment
of crime and punishment of
abettor.
8.
Every person who directly or indirectly commands, incites, encourages or
procures the commission of an offence by any other person
and every person who
knowingly does any act for the purpose of facilitating the commission of an
offence by any other person is an
abettor and shall (unless otherwise expressly
specified by any enactment)-
(a) where the offence is actually committed in pursuance or during the continuance of such abetment be liable to the same punishment as if he himself had actually committed that offence; and
(b) where the offence is not actually committed shall be liable where the offence abetted was murder to imprisonment for life or any less period and in the case of abetment of any other offence to imprisonment for a period not exceeding one-half of the longest period to which a person committing that offence might be sentenced or to a fine not exceeding one-half of the maximum fine which a person committing that offence might be sentenced to pay.
Illustrations
A and B are fighting unlawfully; C and others hinder a police officer from stopping the fight. C and the others are guilty of abetting the fight.
A offers B $10 to assault C. A is guilty of abetting an assault on C.
A encourages B to break and enter a shop. If B is discovered and arrested while attempting to do so, A will be liable on a charge of abetting to imprisonment for three and a half years, one-half of the longest sentence that can be imposed for housebreaking. If B actually completes the offence of housebreaking, A is liable to 7 years' imprisonment.
Jurisdiction.
9.
Whoever abets an offence shall be punishable in the Supreme Court or in the
Magistrate's Court according as he would be punishable
if he had committed that
offence.
Trial.
10.
An abettor may be tried before with or after a person abetted and although the
person abetted is dead or is other-wise not amenable
to
justice.
Proof.
11.
Every person who counsels, incites or procures another to commit an offence
which that other afterwards commits is an abettor of
that offence although it
may be committed in a different manner from that which was
counselled.
Illustration
A incites B to murder C by shooting him. B commits the murder by poisoning C. A is an abettor of B's crime.
Abettor
deemed a party to any offence committed as a result of his
counselling.
12.
Every person who counsels, incites or procures another to commit an offence is a
party to every offence which that other commits
in consequence of such
counselling, inciting or procuring and which the person counselling, inciting or
procuring knew or ought to
have known would be likely to be committed in
consequence of such counselling, inciting or procuring.
Illustrations
A incites B to steal from C. B in attempting to do so is discovered by C and murders him. Here A is guilty only of abetting theft and not of abetting murder.
Harbouring
criminals.
13.
Every person who knowing or having reason to believe that criminals. any person
has-
(a) committed an offence; or
(b) been charged by any prosecuting authority with any offence; or
(c) been issued with a summons by any court in respect of any offence; or
(d) been remanded for or is awaiting trial in any court in respect of any offence; or
(e) been convicted of any offence;
does without
lawful authority or reasonable excuse any act with intent to impede his
apprehension, prosecution or the execution of
the sentence is guilty of an
offence and is liable on conviction on indictment to imprisonment for any period
not exceeding 3 years.
(Substituted by Act 6 of 1980 and Amended by Act 9 of
1987 and Act 46 of
1988.)
Compounding
crimes.
14.
(1) Every person who-
(a) offers or agrees to forbear from prosecuting or giving evidence against a person on a criminal charge in consideration of money or any other valuable thing or any advantage whatsoever to himself or to any other person, or
(b) accepts or agrees to accept or offers to accept any reward upon pretence or on account of restoring to any person or of helping any person to recover anything which has been stolen or otherwise dishonestly appropriated by any crime punishable under Part X of this Act upon the understanding that no prosecution on account of the offence shall be proceeded with,
shall
be liable to imprisonment for any period not exceeding 2
years.
(2) Where a person causes
any wasteful employment of the police by knowingly making to any person a false
report tending to show that
an offence has been committed, or to give rise to
apprehension for the safety of any persons or property, or tending to show that
he has information material to any police inquiry, he is guilty of an offence
and is liable on summary conviction to a fine not exceeding
$500 or to
imprisonment for any period not exceeding 6 months.
(Inserted by Act 9 of
1987 Amended by Act 46 of
1988.)
Conspiracy.
15.
(1) If 2 or more persons agree to act together with a common purpose in order to
commit or abet an offence whether with or without
any previous concert or
deliberation each of them is guilty of conspiracy to commit or abet that offence
as the case may be.
(2) If 2 or
more persons are guilty of conspiracy to commit or abet any offence each of them
shall in case the offence is committed
be liable to be punished as if he had
actually committed that offence or shall in case the offence is not committed be
punished as
if he had abetted that offence.
PART III-EXEMPTIONS FROM CRIMINAL RESPONSIBILITY AND RESPONSIBILITY FOR ACTS OF INVOLUNTARY AGENTS
Criminal
liability of
children.
16.
(1) Nothing shall be deemed an offence which is done by a person under 7 years
of age.
(2) Nothing shall be
deemed an offence which is done by a person of or above 7 and under 12 years of
age unless in the opinion of
the Court or jury such person had attained
sufficient maturity of understanding to be aware of the nature and consequences
of his
conduct in regard to the act of which he is accused.
Illustrations
Sub-section (1). A aged 6 years throws a stone at and wounds B. A cannot be convicted.
Sub-section (2). A aged 8 years steals a ring. A ought to be convicted if the magistrate or the jury think that A was aware he was committing an offence.
Person
suffering from mental
disease.
17.
(1) A person shall not be responsible at law for an act or omission charged
against him as an offence if at the time of doing the
act or making the omission
he is proved to have been insane in that he was suffering from such a state of
mental disease as to deprive
him-
(a) of capacity to understand the physical nature and quality of such act or omission; or
(b) of capacity to understand that such act or omission was wrong. (Amended by Act 13 of 1978)
(2)
A person who is suffering from mental disease at the time of doing the act or
making the omission charged against him as an offence
and who owing to such
mental disease is affected by delusions on some matter or matters but whose
mental condition does not render
him irresponsible at law within the meaning of
subsection (1) is criminally responsible to the same extent as if the facts with
respect
to which such delusions exist were
real.
Procedure
where accused on arraignment appears to be
insane.
18.
If any accused person appears before or upon arraignment in the Supreme Court to
be insane, a jury may be sworn to try whether he
is sane or insane and the jury
after hearing evidence for that purpose shall find whether or not he is insane
and unfit to take his
trial:
Provided that a verdict
under this section finding an accused person to be insane shall not prevent such
person from being tried for
the offence with which he is charged in case he
subsequently becomes of sound
mind.
Procedure
where accused was insane at time of committing the
crime.
19.
If upon the trial in the Supreme Court of any person against whom any act or
omission is charged as an offence, evidence is given
that such person at the
time when such act or omission took place was insane within the meaning of
section
17
hereof, then if it appears to the jury that he was so insane as aforesaid at the
time when such act or omission took place the jury
shall return a special
verdict that the accused is not guilty because he was insane at the time when he
did the act or made the omission.
(Amended by Act 13 of
1978.)
Custody
of accused person found to be
insane.
20.
(1) Where any person is found to be insane under the provisions of either
section
18
or section
19
hereof the Court shall order him to be detained in safe custody pending the
decision of the Privy Council.
(2)
The judge shall forthwith report the finding of the jury and the detention of
the accused to the Prime Minister, who shall submit
the matter to the Privy
Council for decision as to the place and mode of detention of the
accused.
Intoxication.
21.
(1) Save as provided in this section intoxication shall not constitute a defence
or any criminal charge.
(2)
Intoxication shall be a defence to any criminal charge if by reason thereof the
person charged, at the time of the act or omission
complained of, did not know
that such act or omission was wrong or did not know what he was doing
and-
(a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane temporarily or otherwise at the time of such act or omission.
(3)
Where the defence under the preceding subsection is established then in a case
falling under paragraph (a) thereof the accused
person shall be discharged and
in a case failing under paragraph (b) the provisions of this Act relating to
insane persons shall
apply.
(4)
Intoxication shall be taken into account for the purpose of determining whether
the person charged had formed any intention specific
or otherwise in the absence
of which he would not be guilty of the
offence.
(5) For the purpose of
this section "intoxication" shall be deemed to include a state produced by
narcotics or drugs.
(Substituted by Act
15 of
1935.)
Married
women.
22.
A married woman committing an offence in the presence of her husband shall not
be presumed to have committed it under his
compulsion.
Involuntary
agents.
23.
Every person intentionally or negligently causing any involuntary agent to cause
an event shall himself be deemed to have caused
such event.
"Involuntary agent" means any animal or other thing and also any person who is exempt from liability to punishment for causing the event by reason of infancy, insanity or otherwise under the provisions of this Part of this Act.
Illustrations
A induces a child under 7 years of age to steal a thing for him. A is guilty of theft.
A causes a dog to attack and grievously hurt B. A is guilty of the harm caused to B.
PART IV.-PUNISHMENT
Different
kinds of
punishment.
24.
(1) The following punishments may be inflicted-
(a) payment of compensation;
(b) fine;
(c) whipping;
(d) imprisonment; and
(e) death.
(2)
(a) It shall be lawful at the discretion of the Court, for the infliction of
punishment (other than punishment by death) to be
deferred for any period not
exceeding 12 months from the date of conviction.
(b) Where punishment is deferred under the foregoing paragraph, it shall be lawful for sentence to be passed on the first convenient day after the expiration of the period of deferment ordered by the Court, save that any person who is convicted of a further offence after the court has deferred sentence shall be sentenced for the offence for which sentence was deferred at the same time as he is being sentenced for that further offence. (Inserted by Act 19 of 1978 and Amended by Act 9 of 1987.)
(3)
(a) It shall be lawful for the Court when imposing a sentence of imprisonment to
suspend the whole or part of such sentence for
any period up to 3
years;
(b) Such sentence will be conditional on the offender not being convicted of an offence punishable by imprisonment during the period of suspension;
(c) In the event of the offender being convicted of an offence punishable by imprisonment during the period of suspension he will thereupon be sentenced to serve the term of the suspended sentence in addition to the punishment imposed for such subsequent offence. (Inserted by Act 9 of 1987.)
Payment
of
compensation.
25.
(1) Any person who is tried and convicted in the Supreme Court of an offence may
be adjudged by the Court to make compensation to
any person injured or suffering
loss by his offence.
(2) Any
person tried and convicted in a Magistrate's Court of an offence may be adjudged
by the Court to make compensation not exceeding
$500 to any person injured or
suffering loss by his offence.
(Amended by Acts 7 of
1962 and 13 of
1978.)
(3)
Any such compensation may be either in addition to or in substitution for any
other punishment and in default of payment thereof
the convicted person is
liable to imprisonment for any period not exceeding 12 months.
(Amended by Acts 9 of
1987 and 46 of
1988.)
Fines.
26.
(1) Where a person convicted of an offence is sentenced to pay a fine the Court
shall, by its sentence, direct that if the person
fails to pay the fine at the
time appointed he shall be imprisoned for a period not exceeding one year unless
the fine is sooner
paid.
(2) Any
imprisonment to which any person is sentenced and becomes subject under
subsection (1) shall commence at the expiration of
the imprisonment to which he
is sentenced for his offence.
(Substituted by Act 9
of
1987.)
Time
may be granted for
payment.
27.
The Court imposing any fine may grant time to pay the same provided that no
longer period than 3 months shall be granted.
(Substituted by Act
13 of
1957.)
Imprisonment
for
non-payment.
28.
Whenever an offender is imprisoned for non-payment of a fine, the period of his
imprisonment shall be reckoned as beginning from
the date on which he entered
the prison and not from the date of his
conviction.
Person
imprisoned for non-payment of fine to be released on
payment.
29.
(1) Any person imprisoned for non-payment of a fine may pay or cause to be paid
to the keeper of the prison the sum specified in
the warrant of commitment and
the keeper shall receive the same and shall thereupon discharge the prisoner if
he is not in custody
for any other matter.
(Amended by Act 9 of
1987.)
Procedure
on part payment of fine.
(2) Where
any such person as aforesaid pays or causes to be paid to the keeper of the
prison any part of the sum specified in the
warrant of commitment, the keeper
shall discharge the prisoner (if not in custody for any other matter) as soon as
he has completed
a proportion of his sentence equal to that proportion of the
sum specified in the warrant which still remains
unpaid.
Power
to impose fine instead of
imprisonment.
30.
Where any person is convicted of any offence punishable by imprisonment such
person may be sentenced to pay a fine in lieu thereof.
(Substituted by Act
13 of 1978 and Amended by Act 26 of
1984.)
Whipping.
31.
(1) It shall be unlawful to sentence any female to be
whipped.
(2) Sentence of whipping
may be passed upon a male offender only when the law expressly provides that the
offence of which he has
been convicted is punishable by
whipping.
(3) A male offender may
be sentenced to be whipped once or twice and the Court when pronouncing any such
sentence shall specify the
number of strokes to be inflicted on each
occasion:
Provided that in the
case of any male offender under 16 years of age the total number of strokes to
which he is sentenced shall not
exceed 20 and in the case of any other male
offender the total number of strokes prescribed by such sentence shall not
exceed 26.
No person who has been whipped shall be again whipped within 14 days.
(Amended by Act 9 of
1987.)
(4)
Every sentence of whipping shall be carried out by the chief gaoler or gaoler
for the district within the prison precinct and
in the presence of a
magistrate.
(5) Where the person
sentenced to be whipped is a male under 16 years of age the whipping shall be
inflicted on the breech with a
light rod or cane composed of tamarind or other
twigs. In the case of any other male offender the whipping shall be inflicted on
the breech with a cat of a pattern approved by the Cabinet.
(Amended by Act 9 of
1987)
(6)
No sentence of whipping shall be carried out until the offender has been
examined by a doctor or a Government medical assistant
and certified by him that
there is no mental or physical impairment of the offender such as to render him
unfit to undergo such punishment.
(Amended by Act 8 of
1984.)
(7)
No sentence of whipping shall be carried out on an adult unless ordered or
approved on review by the Cabinet, and for the purposes
of this subsection
"adult" means a person who is 16 years of age and over.
(Added by Act 4 of
1942, Amended by Acts 5 of 1948 and 9 of
1987.)
Imprisonment.
32.
Every person sentenced to imprisonment or committed to prison shall be subject
to imprisonment with hard labour unless the contrary
is expressed in the
sentence or
warrant.
Death
sentence.
33.
(1) When any person is condemned to death the sentence shall be that such person
shall be taken to the place of execution and there
hanged by the neck until he
is dead.
King's
assent.
(2) No sentence of death
shall be carried into execution until the King with the consent of the Privy
Council has signified assent
thereto.
Power
to commute.
(3) It shall be lawful
for the King with the consent of the Privy Council to commute a sentence of
death to imprisonment for
life.
Chief
Justice to forward report to Prime
Minister.
34.
The Chief Justice so soon as conveniently may be after pronouncing any sentence
of death shall forward to the Prime Minister for
submission to the Privy Council
his notes of evidence taken at the trial with a report in writing containing any
recommendation or
observations on the case which he may think fit to
make.
Sentence
of death: how
executed.
35.
Sentence of death shall be executed under the direction of the Minister of
Police or of such other officer as the Privy Council
may appoint, and the
gaoler, a medical officer and such other officers of the prison as the Minister
of Police or other officer appointed
as aforesaid shall require, and such
minister of religion as the Privy Council may at the request of the prisoner
approve may be
present at the
execution.
Medical
officer to supply certificate of
death.
36.
As soon as may be after sentence of death has been executed on the offender the
dead body shall be examined by a medical officer
who shall ascertain the fact of
death and shall sign a certificate thereof and deliver the same to the Minister
of Police. The Minister
of Police or other officer appointed under section
35
hereof shall also sign a declaration to the effect that sentence of death has
been executed on the offender.
(Amended by Act 9 of
1958.)
Inquest
on body of person
executed.
37.
(1) The magistrate for the district in which the prison in which the sentence of
death was carried out is situated shall within
24 hours after the execution hold
an inquest on the body of the offender and the jury at the inquest shall inquire
into and ascertain
the identity of the body and whether sentence of death was
duly executed on the offender.
(2)
No officer of the prison or prisoner confined therein shall in any event be a
juror on the
inquest.
Privy
Council to appoint place of burial for executed
criminals.
38.
The Privy Council shall by writing under its seal appoint some fit place for the
burial of offenders executed and the body of every
offender shall be buried in
such
place.
Regulations
with respect to execution of death
sentence
39.
The Privy Council may from time to time make such regulations to be observed on
the execution of sentence of death as they may deem
expedient for the purpose of
guarding against any abuse in the execution, for giving greater solemnity
thereto and for making known
without the prison walls the fact that the
execution is taking
place.
Sentence
of death not to be passed on pregnant
woman.
40.
Where a woman convicted of an offence punishable with death is found in
accordance with the provisions of this Act to be pregnant
the sentence to be
passed on her shall be a sentence of imprisonment for life instead of sentence
of death. (Added by
Act 16 of
1939)
Procedure
where woman convicted of capital offence alleges she is
pregnant.
41.
(1) Where a woman convicted of an offence punishable with death alleges that she
is pregnant or where the Court before whom a woman
is so convicted thinks fit so
to order the question whether or not the woman is pregnant shall before sentence
is passed on her be
determined by a
jury.
(2) Subject to the
provisions of this subsection the said jury shall be the trial jury that is to
say the jury to whom she was given
in charge to be tried for the offence and the
members of the jury need not be
resworn:
Provided
that-
(a) if any member of the trial jury either before or after the conviction dies or is discharged by the Court as being through illness incapable of continuing to act or for any other cause, the inquiry as to whether or not the woman is pregnant shall proceed without him; and
(b) where there is no trial jury or where a jury have disagreed as to whether the woman is or is not pregnant or have been discharged by the court without giving a verdict on that question, the jury shall be constituted as if to try whether or not she was fit to plead and shall be sworn in such manner as the Court may direct.
(3)
The question whether the woman is pregnant or not shall be determined by the
jury on such evidence as may be laid before them
either on the part of the woman
or on the part of the Crown, and the jury shall find that the woman is not
pregnant unless it is
proved affirmatively to their satisfaction that she is
pregnant. (Added by
Act 16 of 1935)
PART V.-TRIAL OF OFFENCES AND ALTERNATIVE VERDICTS
Trial
of
offences.
42.
(1) Where a person is arraigned on an indictment-
(a) he shall in all cases be entitled to make a plea of not guilty in addition to any demurrer or special plea;
(b) he may plead not guilty of the offence specifically charged in the indictment but guilty of another offence of which he might be found guilty on that indictment;
(c) if he stands mute of malice or will not answer directly to the indictment, the Court may order a plea of not guilty to be entered on his behalf and he shall then be treated as having pleaded not guilty.
(2)
On an indictment for murder a person found not guilty of murder may be found
guilty-
(a) of manslaughter, or of causing grievous bodily harm with intent to do so, or of wounding with that intent;
(b) of an offence of which he may be found guilty under a written law specifically so providing; or
(c) of an attempt to commit murder, or of an attempt to commit any other offence of which he might be found guilty,
but
he may not be found guilty of any offence not included
above.
(3) Where on a person's
trial on indictment for any offence except treason or murder, the jury find him
not guilty of the offence
specifically charged in the indictment but the
allegations in the indictment amount to or include (expressly or by implication)
an
allegation of another offence falling within the jurisdiction of the Court of
trial, the jury may find him guilty of that other offence
or of an offence of
which he could be found guilty on an indictment specifically charging that other
offence.
(4) For purposes of
subsection (3) any allegation of an offence shall be taken as including an
allegation of attempting to commit
that
offence.
(5) Where a person
arraigned on an indictment pleads not guilty of an offence charged in the
indictment but guilty of some other offence
(whether an offence of which he
might be found guilty on that charge or an offence separately charged), and he
is convicted on that
plea of guilty without trial for the offence of which he
has pleaded not guilty, his conviction of the one offence shall be an acquittal
of the other.
(6) Subsections (1)
to (3) (inclusive) apply to an indictment containing more than one count as if
each count were a separate indictment.
(Inserted by Act 9 of
1987.)
PART VI-PROCEDURE AGAINST CORPORATIONS
Procedure
on charge of offence against
corporation.
43.
(1) Where a corporation is charged with an offence before a Magistrate's Court,
the Court may commit the corporation for trial by
an order in writing under the
hand of the Magistrate empowering the prosecution to prefer a bill of indictment
in respect of the
offence named in the
order.
Form
Schedule
(2) The form of order
under subsection (1) shall be in the form as the Form in the
Schedule.
(3) A representative may
on behalf of a corporation-
(a) make a statement before the Magistrate in answer to the charge;
(b) consent or object to summary trial or claim trial by jury.
(4)
Where a representative appears, any requirement of the Magistrates' Courts Act
that anything shall be done in the presence of
the accused, or shall be read or
said to the accused, shall be construed as a requirement that the thing shall be
done in the presence
of the representative or read or said to the
representative.
Cap.
11
(5) Where a representative does
not appear, any such requirement, and any requirement that the consent of the
accused shall be obtained
for summary trial does not
apply.
(6) Subject to this
section, the provisions of the Magistrates' Courts Act relating to the inquiry
into and trial of indictable offences
apply to a corporation as they apply to an
adult.
(7) Where a corporation is
charged jointly with an individual with an offence before a Magistrate's Court,
then if the offence is
not a summary offence but one that may be tried with the
consent of the accused, the Court shall not try either of the accused summarily
unless each of them consents to be so
tried.
(8) Where a corporation is
arraigned on an indictment before the Supreme Court, the corporation may enter
in writing by its representative
a plea of guilty or not guilty, and if either
the corporation does not appear by a representative or, though it does so
appear, fails
to enter as mentioned above any plea, the Court shall order a plea
of not guilty to be entered and the trial shall proceed as though
the
corporation had duly entered a plea of not
guilty.
(9) In this section the
expression "representative" in relation to a corporation means a person duly
appointed by the corporation
to represent it for the purpose of doing any act or
thing which the representative of a corporation is by this section authorised
to
do, but a person so appointed shall not, by virtue only of being so appointed,
be qualified to act on behalf of the corporation
before any Court for any other
purpose.
(10) A representative for
the purposes of this section need not be appointed under the seal of the
corporation, and a statement in
writing purporting to be signed by a managing
director of the corporation, or by any person (by whatever name called) having,
or
being one of the persons having, the management of the affairs of the
corporation, to the effect that the person named in the statement
has been
appointed as the representative of the corporation for the purposes of this
section shall be admissible without further
proof as
prima
facie evidence that person has been so
appointed. (Inserted
by Act 9 of 1987.)
PART VII-OFFENCES AGAINST THE STATE
Treason
44.
Every person who-
(a) levies or conspires to levy war against the King or the Government; or
(b) attempts to assassinate the King or the heir to the throne; or
(c) attempts to depose the King; or
(d) joins in a rebellion against the King; or
(e) incites any person to assassinate or depose the King or to assassinate the heir to the throne
is
guilty of treason and shall on conviction thereof be sentenced to death or to
imprisonment for any period not exceeding life and
his lands and other property
shall be forfeit to the
Crown.
Concealment
of
treason.
45.
Every person who being aware of any intended treason omits to give information
thereof to the Minister of Police or to the Governor
of the district or the
Government representative for the district shall be liable to imprisonment for
any period not exceeding 7
years.
Attempts
to injure or alarm the
King.
46.
Every person who with intent to injure or alarm the King
wilfully-
(a) points at the King any description of firearm or weapon whatsoever, or
(b) throws or attempts to throw anything at the King, or
(c) strikes or attempts to strike the King with any weapon or in any other manner whatever,
shall
be liable to imprisonment for any period not exceeding 10
years.
Sedition.
47.
(1) Every person who speaks any seditious words or makes, publishes, imports or
distributes any seditious document or is party to
a seditious conspiracy shall
be liable to imprisonment for any period not exceeding 7
years.
(2) Seditious words are
words expressive of a seditious
intention.
A seditious document is
a document expressive of a seditious
intention.
A seditious conspiracy
is an agreement between 2 or more persons to carry into execution a seditious
intention.
Definition
of seditious
intention.
48.
A seditious intention is an intention to do any of the following
matters-
(a) to excite disaffection against the King of Tonga or against the Parliament or Government of Tonga;
(b) to excite such hostility or ill-will between different classes of the inhabitants of the Kingdom as may be injurious to the public welfare;
(c) to incite, encourage or procure violence, disorder or resistance to law or lawlessness in the Kingdom;
(d) to procure otherwise than by lawful means the alteration of any matter affecting the Constitution, Laws or Government of the Kingdom. (Amended by Act 13 of 1978.)
Deprivation
of civil
rights.
49.
Any person who shall be sentenced to 2 years imprisonment or more for treason,
concealment of treason or sedition shall be deprived
of his rights as a citizen
and shall not hold an appointment in the public service nor vote in any election
for representatives to
the Legislative Assembly nor serve on a jury unless
pardoned by the
King.
Acceptance
of bribe by government
servant.
50.
Every person employed as or acting in the capacity of a Government servant who
shall demand or accept any money or valuable consideration
of any description
whatever as an inducement to do or abstain from doing any act in the execution
of his duty as such Government
servant or as an inducement for showing favour or
disfavour to any person shall be liable to imprisonment for any period not
exceeding
3
years.
Bribery
of government
servant.
51.
Every person who shall give or offer any money or valuable consideration of any
description whatever to any person in the service
of the Government as an
inducement to do or abstain from doing any act in the execution of his duty as a
Government servant or as
an inducement to show favour or disfavour to any person
shall be liable to imprisonment for any period not exceeding 3
years.
Extortion
by government
servant.
52.
Every person employed as or acting in the capacity of a Government servant who
from an improper motive and under colour of office
demands or accepts from any
other person any money or valuable consideration whatever which is not due from
such person at the time
when it is so demanded or accepted shall be liable to
imprisonment for any period not exceeding 5
years.
Fraudulent
conversion by government
servant.
53.
Every person who being employed as or acting in the capacity of a Government
servant fraudulently converts to his own use or to
the use or benefit of any
other person or in any manner fraudulently disposes of any money valuable
security or thing of any description
whatever or any part thereof which has been
entrusted to or received by him by virtue of his employment as a Government
servant shall
be liable to imprisonment for any period not exceeding 10
years.
False
receipt: issue of, by government
servant.
54.
Every Government servant who wilfully gives to any person a receipt for an
amount of money or property different from the amount
actually paid over or
delivered to such Government servant shall be liable to imprisonment for any
period not exceeding 5
years.
Assaulting
or obstructing government
servants.
55.
Every person who assaults, resists or wilfully obstructs any Government servant
in the lawful execution of his duty shall be liable
on conviction to
imprisonment for any period not exceeding 12 months, or to a fine not exceeding
$250, or to both such fine and imprisonment.
(Amended by Acts 23
of 1950, 20 of 1966 and 9 of
1987.)
Intimidating
government
servants.
56.
Every person who, with a view to induce any Government servant to do or refrain
from doing any act in the lawful execution of his
duty, intimidates such
Government servant or his wife or children or injures or threatens to injure his
property shall be liable
on conviction to imprisonment for any period not
exceeding 12 months, or to a fine not exceeding $250, or to both such fine and
imprisonment.
(Amended by Acts 23
of 1950, 20 of 1966 and 9 of
1987.)
Use
of threatening, etc., language to government
servant.
57.
Every person who uses threatening, abusive or insulting language or behaviour
towards any officer in the service of the Government
shall be liable on
conviction to imprisonment for any period not exceeding 12 months, or to a fine
not exceeding $250, or to both
such fine and imprisonment.
(Amended by Acts 23
of 1950, 20 of 1966 and 9 of
1987.)
Refusal
to assist in prevention of
crime.
58.
Every person who being lawfully required by any public officer, police officer
or other person to render assistance in preventing
the commission of any offence
or in arresting any person or in preventing the rescue or escape of any person,
refuses or neglects
to render such assistance shall be liable to a fine not
exceeding $250 and in default of payment to imprisonment for any period not
exceeding 6 months.
(Amended by Act 9 of
1987.)
Making
counterfeit
currency
59.
(1) Every person who-
(a) makes any counterfeit currency resembling or apparently intended to resemble any of the current currency of the Kingdom of Tonga or of any foreign state or country, or
(b) has in his possession or makes any dies or other instruments or materials intended to be used in the making of counterfeit currency,
shall
be liable to imprisonment for any period not exceeding 5 years.
(Amended by Acts 5 of
1930, 16 of 1962 and 13 of
1978.)
(2)
Any counterfeit currency or any dies, instruments or material used in making any
counterfeit currency found in the possession
of any person may be seized and
shall be delivered up to the Treasurer or to any person authorized by him for
the purpose by order
of the Court before which the offender is
tried. (Added by Act
12 of
1936.)
Impairing
current
currency.
60.
Every person who shall impair or diminish any of the current currency of the
Kingdom of Tonga or of any foreign state or country
with intent that when so
impaired or diminished it shall pass as current currency either in Tonga or
elsewhere shall be liable to
imprisonment for any period not exceeding 5 years.
(Amended by Acts 5 of
1930, 16 of 1962 and 9 of
1987.)
Uttering
counterfeit
currency.
61.
Every person who shall utter any currency resembling or apparently intended to
resemble any of the current currency of the Kingdom
of Tonga or of any foreign
state or country, knowing such currency to be counterfeit, shall be liable to
imprisonment for any period
not exceeding 5 years.
(Amended by Acts 5 of
1930, 16 of 1962 and 13 of
1978.)
Importing,
etc., counterfeit
currency
62.
Any person who imports or receives or obtains in any manner whatsoever any
counterfeit currency knowing the same to be counterfeit
with intent to utter the
same shall be guilty of an offence against this Act and on conviction be liable
to imprisonment for any
term not exceeding 5 years. (Added by Act 5 of
1930.)
PART VIII-OFFENCES AGAINST JUSTICE, THE PUBLIC PEACE, AND PUBLIC MORALS
Perjury.
63.
(1) Perjury is the making by any person upon oath or affirmation, either in a
judicial proceeding or in any affidavit or solemn
declaration, of any material
statement relating to a matter of fact, opinion, belief or knowledge which the
person making such statement
knows to be
false.
(2) Every proceeding shall
be deemed to be judicial within the meaning of subsection (1) which is held
before any Court or before
any person having power to take evidence on oath or
affirmation.
(3) Every person who
commits perjury or counsels or procures a person to commit any perjury which is
actually committed shall be liable
to imprisonment for any period not exceeding
7 years.
(4) Every person who
attempts to induce another to commit perjury shall be liable to imprisonment for
any period not exceeding 2
years.
False
statements.
64.
(1) Any person who knowingly and wilfully makes otherwise than on oath a
statement false in a material particular and the statement
is
made-
(a) in an account, certificate, declaration, entry, inventory, notice or other document which he is authorized or required to make attest or verify by any written law; (Amended by Act 9 of 1987.)
(b) in any oral declaration or oral answer which he is required to make under or in pursuance of any written law; or (Amended by Act 9 of 1987.)
(c) in any written statement made to the police by such person as a witness to or in connection with any criminal offence alleged to have been committed by any other person, provided that he signed at the end of his written statement an acknowledgement that he was warned that if he knowingly and wilfully made therein any statement false in a material particular he became liable to prosecution; (Inserted by Act 26 of 1978.)
shall
be guilty of an offence and on conviction thereof shall be liable to
imprisonment for a term not exceeding 2 years or to a fine
not exceeding $500 or
to both such fine and imprisonment.
(Amended by Act 9 of
1987.)
(2)
No prosecution shall be instituted against any person for an offence under this
section unless the same shall be commenced within
2 years from the time of the
commission of such offence.
(Added by
Act
7 of
1929.)
Interference
with course of
justice.
65.
Every person who conspires or attempts to interfere wrongfully in any manner
with the course of justice in any matter, civil or
criminal, shall be liable to
imprisonment for any period not exceeding 4
years.
Bribing
jurors.
66.
(1) Every person who shall offer any inducement of any description whatsoever to
another for the purpose of influencing such other
person's decision as a juror
in any matter civil or criminal shall be liable to imprisonment for any period
not exceeding 3 years.
(2) Every
person who refrains or offers to refrain from prosecuting any offence in return
for any valuable consideration, favour or
reward received or to be received from
any offender shall be liable to imprisonment for any period not exceeding 4
years.
Unlawful
Society.
67.
(1) A society includes any combination of 10 or more persons whether the society
be known by any name or not.
(2) A
society is an unlawful society-
(a) if the King in Council by Order in Council declares the society to be a threat or a danger to the peace order and good government of the Kingdom; or
(b) if it aims at, or was formed for, or engages in, any one or more of the following:
(i) levying war or encouraging or assisting any person to levy war on the Government or the inhabitants of any part of the Kingdom;
(ii) killing or injuring or inciting to the killing or injuring of any person;
(iii) destroying or injuring or inciting to the destruction or injuring of any property;
(iv) subverting or promoting the subversion of the Government or of its officials;
(v) committing or inciting to acts of violence or intimidation;
(vi) interfering with, or resisting, or inciting to interference with or resistance to the administration of the law; and
(vii) disturbing or inciting to the disturbance of peace or order in any part of the Kingdom.
(Inserted
by Act 8 of
1967)
Managing
unlawful
society.
68.
Any person who manages or assists in the management of an unlawful society
commits an offence and is liable to imprisonment for 7
years.
(Inserted by Act 8 of
1967)
Being
member of unlawful
society.
69.
Any person who-
(a) is a member of an unlawful society; or
(b) knowingly allows a meeting of an unlawful society or of members of an unlawful society to be held in any house, building or place belonging to or occupied by him, or over which he has control,
commits
an offence and is liable to imprisonment for 3 years.
(Inserted by Act 8 of
1967)
Prosecution
under Sections 68 and
69.
70.
(1) A prosecution for an offence under sections 68 or 69 shall not be instituted
except with the consent in writing of the Prime
Minister:
Provided that a person
charged with such an offence may be arrested or a warrant for his arrest may be
issued and executed, and any
such person may be remanded in custody or on bail,
notwithstanding that the consent of the Prime Minister to the institution of a
prosecution for the offence has not been obtained, but no further or other
proceedings shall be taken until that consent has been
obtained.
(2) In any prosecution
for an offence under sections
68
or
69
it shall not be necessary to prove that the society consisted of 10 or more
members; but it shall be sufficient to prove the existence
of a combination of
persons and the onus shall then rest with the accused to prove that the number
of members of such combination
did not amount to
10.
(3) Any person who attends a
meeting of an unlawful society shall be presumed, until and unless the contrary
is proved, to be a member
of that
society.
(4) Any person who has in
his possession or custody or under his control. any of the insignia, banners,
arms, books, papers, documents
or other property belonging to an unlawful
society, or wears any of the insignia, or is marked with any mark of the
society, shall
be presumed, unless and until the contrary is proved, to be a
member of the society. (Inserted by Act 8 of
1967).
Power of
entry, arrest search
etc.
71.
Any police officer may without warrant enter with or without assistance any
house, buildings, tent, vessel, aircraft or into any
place whatsoever in which
he has reason to believe that a meeting of an unlawful society or of persons who
are members of an unlawful
society is being held, and to arrest or cause to be
arrested all persons found therein, and to search such house, building, tent,
vessel, aircraft or other place and seize or cause to be seized all insignia,
banners, arms, books, papers, documents and other property
which he may have
reasonable cause to believe to belong to any unlawful society or to be in any
way connected with the purpose of
the meeting.
(Inserted by Act 8 of
1967)
Declaration
by King in
Council.
72.
When a society is declared to be an unlawful society by an order of the King in
Council, the following consequences shall ensue-
(a) the property of the society within the Kingdom shall forthwith vest in an officer appointed by the Prime Minister;
(b) the officer appointed by the Prime Minister shall proceed to wind up the affairs of the society and, after satisfying and providing for all debts and liabilities of the society and the cost of winding up, if there shall then be any surplus assets, such assets shall become the property of the Government and may be disposed of as the Prime Minister may direct. (Inserted by Act 8 of 1967)
Forfeiture
of insignia
etc.
73.
Subject to the provisions of section
72,
insignia, banners, arms, books, papers, documents and other property belonging
to an unlawful society shall be forfeited to the
Government for disposal in such
manner as the Prime Minister may direct. (Inserted by Act 8 of
1967)
Unlawful
assembly and
Riot.
74.
(1)
(a) When 3 or more persons assemble with intent to commit an offence, or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighbourhood reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of the peace, those 3 or more persons constitute an unlawful assembly.
(b) It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid.
(2)
When an unlawful assembly takes a step towards executing, or begins to execute,
the purpose for which it assembled by committing
a breach of the peace to the
terror of the public, the assembly is called a riot, and the persons assembled
are said to be riotously
assembled.
(Inserted by Act 8 of
1967)
Punishment
for unlawful
assembly.
75.
(1) Any person who takes part in an unlawful assembly commits an offence and is
liable to imprisonment for a period not exceeding
one
year.
(2) Any person who takes
part in a riot commits an offence and is liable to imprisonment for a period not
exceeding 2 years.
(Inserted by Act 8 of
1967)
Making
proclamation for rioters to
disperse.
76.
(1) Any magistrate or, in his absence, any police officer not below the rank of
sub-inspector or any officer in charge of a Police
Station, in whose view 5 or
more persons are riotously assembled, or who apprehends that a riot is about to
be committed by 5 or
more persons assembled within his view, may make or cause
to be made a proclamation in the name of the King, in such form as he thinks
fit, commanding the rioters or persons so assembled to disperse
peaceably.
Dispersion
of rioters after proclamation.
(2)
If upon the expiration of a reasonable time after such proclamation has been
made, or after the making of such proclamation has
been prevented by force, 10
or more persons continue to riotously assemble together, any person authorised
to make a proclamation,
or any police officer, or any person acting in aid of
such person or police officer, may do all things necessary for dispersing the
persons so assembled, or for apprehending them or any of them, and, if any
person resists, may use all such force as is reasonably
necessary for overcoming
such resistance, and shall not be liable in any criminal or civil proceedings
for having, by the use of
such force, caused harm or death to any
person.
Rioting
after proclamation.
(3) If a
proclamation is made commanding the persons engaged in a riot or assembled with
the purpose of committing a riot to disperse,
every person who, at or after the
expiration of a reasonable time from the making of such proclamation, takes or
continues to take
part in the riot or assembly commits an offence and shall be
liable to imprisonment for a period not exceeding 5
years.
Preventing
or obstructing the making of
proclamation.
(4) Any person who
forcibly prevents or obstructs the making of the proclamation referred to in
this section commits an offence and
is liable to imprisonment for a period not
exceeding 10 years; and if the making of the proclamation is so prevented or
obstructed
every person who, knowing that it has been so prevented, takes or
continues to take part in the riot or assembly, is liable to imprisonment
for a
period not exceeding 15 years.
(Inserted by Act 8 of
1967.)
Rioters
demolishing buildings
etc.
77.
(1) All persons who, being riotously assembled together, unlawfully pull down or
destroy or begin to pull down or destroy any building,
machinery or structure
commit an offence and are liable to imprisonment for
life.
(2) All persons who, being
riotously assembled together, unlawfully damage any of the things mentioned in
sub-section (1) commit an
offence and are liable to imprisonment for a period
not exceeding 7 years.
(3) All
persons who, being riotously assembled together, unlawfully and with force
prevent, hinder or obstruct the loading or unloading
of any vehicle, vessel or
aircraft, or the starting of any vehicle or the sailing or navigation of any
vessel or the departure or
arrival of any aircraft, or unlawfully and with force
board any vehicle, vessel or aircraft with intent to do any such act aforesaid
commit an offence and are liable to imprisonment for a period not exceeding 5
years. (Inserted by Act 8 of
1967).
Going
armed in
public
78.
Any person who goes armed in public without lawful excuse in such manner as to
cause terror to any person commits an offence and
is liable to imprisonment for
a period not exceeding 5 years and his arms shall be forfeited to the
Government. (Inserted
by Act 8 of
1967.)
Bigamy.
79.
(1) Every person who-
(a) being lawfully married, goes through a form of marriage with any other person, or
(b) goes through a form of marriage with any person whom he or she knows to be married,
is
guilty of bigamy and shall be liable to imprisonment for any period not
exceeding 3 years.
(2) The fact
that the parties would if unmarried have been incompetent for any reason to
contract marriage shall not be a defence
upon a prosecution for
bigamy.
(3) It shall be a
sufficient defence upon any prosecution for bigamy if it is
proved-
(a) that at the time of the marriage in respect of which the charge is brought the defendant's husband or wife as the case may be had been continually absent from the defendant for 7 years or more and had not been known by the defendant to be alive at any time within that period; or
(b) that at the time of the marriage in respect of which the charge is brought the defendant honestly believed upon reasonable grounds that the husband or wife as the case may be was dead; or
(c) that at the time of the marriage in respect of which the charge is brought the defendant honestly believed upon reasonable grounds that the first marriage was invalid; or
(d) that the previous marriage had been dissolved by a decree of divorce or had been declared void from the beginning by any court of competent jurisdiction.
Illustration
Sub-section (2). On the prosecution of A for bigamy it will be no defence to prove that A's alleged bigamous marriage was to a person whom he was by law prohibited from marrying on the ground of consanguinity.
Keeping
a brothel,
etc.
80.
(1) It is an offence for a person to keep a brothel, or to manage, or act or
assist in the management of, a
brothel.
(2) It is an offence for
the lessor or landlord of any premises or his agent to let the whole or part of
the premises with the knowledge
that it is to be used in whole or in part, as a
brothel, or, where the whole or part of the premises is used as a brothel, to be
wilfully a party to that use
continuing.
(3) It is an offence
for the tenant or occupier, or person in charge, of any premises knowingly to
permit the whole or part of the
premises to be used as a
brothel.
(4) It is an offence for
the tenant or occupier of any premises knowingly to permit the whole or any part
of the premises to be used
for the purposes of habitual
prostitution.
(5) A brothel is a
house or room or place of any kind whatever kept, used or resorted to for
purposes of prostitution.
(6) For
purposes of this section premises shall be treated as a brothel if people resort
to it for the purpose of lewd homosexual
practices in circumstances in which
resort thereto for lewd heterosexual practices would have led to its being
treated as a brothel
for the purpose of this
section.
(7) Any person who is
guilty of an offence under this section is liable on summary conviction to a
fine not exceeding $500 or to imprisonment
for any period not exceeding one
year. (Substituted by
Act 9 of 1987, Amended by Act 46 of
1988.)
Trading
in
prostitution.
81.
(1) Every male person who knowingly lives wholly or in part on the earnings of
prostitution shall be liable to imprisonment for
any period not exceeding 2
years and in the case of a second or subsequent conviction the Court may in
addition to any term of imprisonment
awarded order him to be whipped in
accordance with the law for the time being in force regulating the punishment of
offenders by
whipping.
(Amended by Act 9 of
1987.)
(2)
For the purposes of subsection (1) a man who lives with or is habitually in the
company of a prostitute, or who exercises control,
direction or influence over a
prostitute's movements in a way which shows he is aiding, abetting or compelling
her prostitution with
others, shall be presumed to be knowingly living on the
earnings of prostitution, unless he proves the contrary.
(Inserted by Act 9 of
1987.)
(3)
Every woman who for purposes of gain exercises control, direction or influence
over a prostitute's movements in a way which shows
she is aiding, abetting or
compelling her prostitution is guilty of an offence and is liable on summary
conviction to a fine not
exceeding $500 or to imprisonment for any period not
exceeding 2 years.
(Inserted by Act 9 of
1987, Amended by Act 46 of
1988.)
(4)
Any person who in any public place solicits or importunes for immoral purposes
shall be liable to imprisonment for any period
not exceeding 6 months.
(Added by Act 11 of
1942.)
(5)
Any male person who, whilst soliciting for an immoral purpose, in a public place
with intent to deceive any other person as to
his true sex, has on or about his
person any article intended by him to represent that he is a female or in any
other way impersonates
or represents himself to be a female shall be guilty of
an offence and shall upon conviction be liable to a fine not exceeding $100
or
to imprisonment for a period not exceeding one year or to both such imprisonment
and such fine.
(Inserted by Act 19
of
1978.)
(6)
A police officer may arrest without a warrant a person found committing an
offence under this section.
(Inserted by Act 9 of
1987.)
Gaming
houses.
82.
(1) Every person who keeps a gaming house shall be liable to imprisonment for
any period not exceeding one
year.
(2) A gaming house is a
house, room or place of any kind whatever kept or used as a place of resort for
gaming.
(3) "Gaming" means the
playing of any game of mere chance for money or other stakes of any description
whatever or the playing at
any game of mixed chance and skill for excessive
stakes or otherwise to the injury of public
morals.
(4) Any person who acts as
a person having the management or care of a gaming house shall be deemed to be a
keeper thereof whether
he is in fact a keeper thereof or
not.
(5) The owner or occupier of
any house, room or place who knowingly permits the same to be used as a gaming
house shall be deemed
to be a keeper thereof whether he is in fact a keeper
thereof or
not.
Games of
mere
chance.
83.
Every person who plays for money or other stakes of any description whatever at
any game of mere chance shall be liable to a fine
not exceeding $10 and in
default of payment thereof to imprisonment for any period not exceeding 2
months.
Use of
disguise.
84.
Any person who without lawful excuse is found in any place disguised by the
blackening of his face by wearing a mask or by any other
means whatsoever shall
be guilty of an offence and shall upon conviction be liable to a fine not
exceeding $100 or imprisonment not
exceeding one year or to both such
imprisonment and such fine.
(Added by Act 6 of
1952.)
PART IX.-OFFENCES AGAINST THE PERSON
Definition
of
homicide.
85.
Homicide is the killing of a human being by any means whatsoever and is either
culpable or not
culpable.
Definition
of culpable
homicide.
86.
(1) Culpable homicide consists in the killing of any person
either-
(a) by an unlawful act; or
(b) by omission without lawful excuse to perform or observe towards such person any legal duty; or
(c) by the commission of an unlawful act combined with the omission of a legal duty; or
(d) by causing a person through threats or fear of violence or through deception to do an act which causes that person's death; or
(e) by wilfully frightening a child or sick person.
(2)
Culpable homicide is either murder or
manslaughter.
When
culpable homicide amounts to
murder.
87.
(1) Culpable homicide is murder in any of the following cases-
(a) if the offender intended to cause the death of the person killed; or
(b) if the offender intended to cause to the person killed any bodily injury which the offender knew was likely to cause death and was reckless whether death ensued or not; or
(c) if the offender intending to cause the death of one person or intending to inflict on one person bodily injury likely to cause death and being reckless whether death ensues or not kills a different person by accident or mistake although he does not mean to hurt the person killed; or
(d) if the offender for the purpose of accomplishing any unlawful object does an act which he knows or ought to have known to be likely to cause death and thereby kills any person even though he may not have desired to hurt any person in order to effect his object.
(2)
Culpable homicide is also murder in each of the following cases whether the
offender does or does not know that death is likely
to ensue-
(a) if he means to inflict grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (3) of this section or for the purpose of facilitating the flight of any person who has committed or attempted to commit any of such offences and death ensues from such injury;
(b) if he administers any stupefying or overpowering thing for either of the purposes mentioned in paragraph (a) of this subsection and death ensues from the effects thereof;
(c) if he by any means wilfully stops the breath of any person for either of the purposes mentioned in paragraph (a) of this subsection and death ensues from such stoppage of the breath.
(3)
The following are the offences referred to in paragraph (a) of subsection (2)
treason, escape or rescue from prison or lawful
custody, resisting lawful
apprehension, murder, rape, abduction, robbery, housebreaking,
arson.
When
culpable homicide is manslaughter
only.
88.
A person who commits culpable homicide shall be deemed to be guilty of
manslaughter and not of murder if any of the following matters
are proved on his
behalf; namely-
(a) that he was deprived of the power of self-control by such extreme provocation given by the other person as is mentioned in section 89 hereof; or
(b) that he was justified in causing some harm to the other person, and that in causing harm in excess of the harm he would have been justified in causing, he acted from such terror of death or grievous hurt as in fact deprived him for the time being of the power of self-control; or
(c) that in causing the death he acted in the belief in good faith and on reasonable grounds that he was under a legal duty to cause the death or to do the act which he did. (Amended by Act 13 of 1978.)
What
matters amount to extreme
provocation.
89.
The following matters may amount to extreme provocation to one person to cause
the death of another person namely-
(a) an unlawful assault committed upon the accused person by the other person which was of such a kind either by reason of its violence or of accompanying words, gestures or other circumstances of aggravation as to be likely to deprive any person of ordinary character being in the circumstances in which the accused person was, of the power of self-control;
(b) the taking up by the other person at the beginning of an unlawful fight of an attitude manifesting an intention of manifesting instantly attacking the accused person with deadly or dangerous means or in a deadly manner;
(c) an act of adultery committed in the view of the accused person with or by his wife or her husband or the crime of unnatural carnal knowledge committed in the view of the accused person upon his wife or his or her child;
(d) a violent assault committed in the view or presence of the accused person upon his or her wife, husband, child or parent or upon any other person in the presence of and in the care or charge of the accused person.
When
extreme provocation will not
avail.
90.
(1) Notwithstanding proof on behalf of
the accused person of any such matter of extreme provocation as is mentioned in
section 89
hereof, his crime shall not be deemed to be thereby reduced to
manslaughter if it appears either from the evidence given on his behalf
or on
behalf of the prosecution-
(a) that he was not in fact deprived of the power of self-control by the provocation; or
(b) that he acted wholly or partly from a previous purpose to cause death or harm or to engage in an unlawful fight whether or not he would have acted on that purpose at the time or in the manner in which he did act had it not been for the provocation; or
(c) that after the provocation was given and before he did the act which caused the harm, such a time elapsed or such circumstances occurred that a person of ordinary character might have recovered his self-control; or
(d) that his act was in respect either of the instrument or means used or of the brutal manner in which it was used, greatly in excess of the measure in which a person of ordinary character would have been likely under the circumstances to be deprived of his self-control by the provocation.
(2)
Where the accused person in the course of a fight made use of any deadly or
dangerous means against an adversary who had not used
or manifested any
intention of being about to use any such means against him, then if it appears
that the accused person purposed
or prepared to use such means before he had
received any such blow or hurt in the fight as might be sufficient provocation
to use
means of that kind, he shall be presumed to have used the means from a
previous purpose to cause death notwithstanding that before
the actual use of
the means he may have received any such blow or hurt in the fight as might
amount to extreme
provocation.
Penalty
for murder.
91.
(1) Every person who commits murder shall
be sentenced to death or to imprisonment for
life:
Provided that sentence of
death shall not be pronounced on or recorded against any person under the age of
15 years but in lieu of
such punishment the Court shall sentence such person to
be detained during His Majesty's pleasure and such person shall thereupon
be
liable to be detained in such place and under such conditions as the Privy
Council may direct and whilst so detained shall be
deemed to be in legal
custody.
(2) Every person who
attempts to commit murder shall be liable to imprisonment for life or any less
period.
Manslaughter.
92.
Culpable homicide which does not amount
to murder is manslaughter and if such homicide was caused by negligence the
offence is only
manslaughter by
negligence.
Penalties
for
manslaughter.
93.
Every person who commits manslaughter by negligence shall be liable to
imprisonment for any period not exceeding 10 years and every
person who commits
manslaughter in any other way than by negligence shall be liable to imprisonment
for any period not exceeding
15
years.
Person
charged with manslaughter may be convicted of dangerous
driving.
94.
When a person is charged with manslaughter in connection with the driving of a
motor vehicle by him and the court is of the opinion
that he is not guilty of
that offence but that he is guilty of an offence under section 25 of the Traffic
Act, he may be convicted
of that offence although he was not charged with it.
(Act 5 of 1949,
Amended by Act 13 of
1958.)
Omissions
to perform a legal
duty.
95.
(1) Every person who undertakes whether by a legally binding contract or
otherwise to do any act the omission of which is or may
be dangerous to human
life is under a legal duty to do that act and any death resulting from the
non-performance of any such act
shall be deemed to be a death caused by an
omission to perform a legal duty within the meaning of section
86(1)(b).
(2) Every person having
in any manner whatsoever the charge of any other person unable by reason of
detention, youth, old age, sickness,
insanity or any other cause to withdraw
himself from such charge is under a legal duty to supply such other person with
the necessaries
of health and life and any death resulting from omission to do
so shall be deemed to be a death caused by an omission to perform
a legal duty
within the meaning of section
86(1)(b).
(3) "Necessaries of
health and life" includes proper food, clothing. shelter and medical or surgical
treatment.
(4) Every person
who-
(a) has in his possession or under his control anything whatever animate or inanimate which in the absence of precaution or care may endanger human life, or
(b) erects, makes or maintains anything whatever which in the absence of precaution or care may be dangerous to human life,
is
under a legal duty to take reasonable precautions against and to use reasonable
care to prevent such danger to life and any death
caused by the omission to take
such precaution or care shall be deemed to be a death caused by an omission to
perform a legal duty
within the meaning of section 86(1)(b).
Illustrations
Subsection (2). The parents or adoptive parent of a child: the gaoler in charge of a prisoner: the person in charge of a lunatic, are all alike under a legal duty to provide food and medical attendance for the child or person under their care. If death ensues from failure to do so, it is a death caused by omission to perform a legal duty, and if the failure to provide food or medical attendance was due to an intention to cause death or bodily injury it will be murder, but if otherwise the offence will be manslaughter by negligence only.
Subsection (4): paragraph (a). If a man for the purpose of unloading his gun discharges it in a place where people are likely to pass and kills somebody it is manslaughter by negligence, but if he knows that people are actually passing at the time, and discharges the gun with intent to do hurt and kills somebody it will be murder.
When
death deemed to have been caused by an act or
omission.
96.
A person's death shall be held to have been caused by an act or
omission
(a) if by reason of such act or omission the death of the person has happened otherwise or sooner by however short a time than it would have happened but for the act or omission; or
(b) although the act or omission would not have caused the person's death but for his infancy, old age, disease, intoxication or other state of body or mind at the time of the occurrence of the act or omission; or
(c) although the act or omission would not have caused the person's death but for his refusal or neglect to submit to or seek proper medical or surgical treatment or but for his negligent or improper conduct or manner of living, or
(d) although the person's death was caused by the medical or surgical treatment administered to him unless such treatment amounts to murder or manslaughter.
Indirect
cause of
death.
97.
Any person whose act or omission results in the death of another person shall be
deemed to have caused his death notwithstanding
the fact that the immediate
cause of death was the act or omission of some third person or some other
independent intervening event.
Illustration
A secretly drops some poison into the medicine of C as invalid. C's nurse of 'Ignorance of A's act gives C the medicine and C dies of the poison. A is guilty of causing C's death although the immediate cause of death was the nurse's administration of the medicine to C.
When
child is a person in
being.
98.
(1) In order that a child may be such a person that causing its death will
amount to murder or manslaughter it necessary that before
its death the child
should have been completely brought forth alive from the body of its mother and
have had an independent circulation
but not that it should have been detached
from the mother by severance of the umbilical
cord.
(2) It is murder or
manslaughter as the case may be to cause death to happen to a child after it
becomes a person within the meaning
of this section by means of harm caused to
it before it became such a
person.
Infanticide.
99.
(1) Where a woman by any wilful act or omission causes the death of her child
being a child under the age of 12 months but at the
time of the act or omission
the balance of her mind was disturbed by reason of her not having fully
recovered from the effect of
giving birth to the child or by reason of the
effect of lactation consequent upon the birth of the child then notwithstanding
that
the circumstances were such that but for this section the offence would
have amounted to murder she shall be guilty of an offence
to which of
infanticide and may for such offence be dealt with and punished as if she had
been guilty of the offence of manslaughter
of the child.
(Amended by Act 9 of
1987)
(2)
Where upon the trial of a woman for the murder of her child being a child under
the age of 12 months the jury are of opinion that
she by any wilful act or
omission caused its death but that at the time of the act or omission the
balance of her mind was disturbed
by reason of her not having fully recovered
from the effect of giving birth to the child or by reason of the effect of
lactation
consequent upon the birth of the child then the jury may
notwithstanding that the circumstances were such that but for the provisions
of
this section they might have returned a verdict of murder return in lieu thereof
a verdict of infanticide.
(3)
Nothing in this section shall affect the power of the jury upon a trial for the
murder of a newly-born child to return a verdict
of manslaughter or a verdict of
guilty but insane or a verdict of concealment of birth in pursuance of section
102 of this Act except
that for the purposes of the proviso to that section a
child shall be deemed to have recently been born if it had been born within
12
months before its death.
(Added by Act 7 of
1939.)
Suicide.
100.
Every person who attempts to commit suicide shall be liable to imprisonment for
any period not exceeding 3
years.
Inciting
to commit
suicide.
101.
Every person shall be liable to imprisonment for life or any less period
who-
(a) incites another person to commit suicide if such other person actually commits suicide in consequence thereof; or
(b) assists any person in committing suicide.
Concealment
of
birth.
102.
If any woman shall be delivered of a child, every person who shall by any secret
disposition of the dead body of the said child
whether such child died before at
or after its birth endeavour to conceal the birth thereof shall be guilty of an
offence and being
convicted thereof shall be liable at the discretion of the
court to be imprisoned for any term not exceeding 3
years:
Provided that if any person
tried for the murder of any child shall be acquitted thereof, it shall be lawful
for the jury by whose
verdict such person shall be acquitted to find in case it
shall so appear in evidence that the child had recently been born and that
such
person did by some secret disposition of the dead body of such child endeavour
to conceal the birth thereof and thereupon the
court may pass such sentence as
if such person had been convicted for the concealment of the birth.
(Substituted by Act
15 of
1935.)
Procuring
miscarriage of woman or
girl.
103.
Every person who with intent to procure the miscarriage of any woman or
girl-
(a) administers to or causes to be taken by her any drug or other noxious thing; or
(b) unlawfully uses any instrument or other means whatever,
shall
be liable to imprisonment for any period not exceeding 7
years.
Woman or
girl procuring her own
miscarriage.
104.
Every woman or girl who whether with child or not administers to herself or
permits to be administered to her any drug or other
noxious thing or uses on
herself or permits to be unlawfully used on her any instrument or other means
whatsoever with intent to
procure miscarriage shall be liable to imprisonment
for any period not exceeding 3
years.
Supplying
means of
miscarriage.
105.
Every person who supplies or procures any drug or other noxious thing or any
instrument knowing that the same is to be unlawfully
used for the purpose of
procuring miscarriage of any woman or girl shall be liable to imprisonment for
any period not exceeding 4
years.
Grievous
bodily
harm.
106.
(1) Every person who wilfully and without lawful justification causes grievous
harm to any person in any manner or by any means
whatsoever shall be liable to
imprisonment for any period not exceeding 10
years.
(2) "Grievous harm"
means-
(a) any harm endangering life; or
(b) the destruction or permanent disabling of any external or internal organ, member or sense; or
(c) any severe wound; or
(d) any grave permanent disfigurement.
Bodily
harm.
107.
(1) Every person who wilfully and without lawful
justification
causes harm to any
person in any manner or by any means
whatsoever
shall be liable to
imprisonment for any period not exceeding 5
years.
(2) "Harm" for the purposes
of this section means-
(a) any injury which seriously or permanently injures health or is likely so to injure health; or
(b) any injury involving serious damage to any external or internal organ, member or sense short of permanent disablement; or
(c) any wound which is not severe; or
(d) any permanent disfigurement which is not a serious nature.
Attempt
to
intimidate.
108.
Every person who with intent to intimidate or annoy any person-
(a) breaks or injures in any manner whatsoever or threatens to break or injury any dwelling-house, or
(b) alarms or attempts to alarm any person in any dwelling-house by the discharge of firearms,
shall
be liable to imprisonment for any period not exceeding 5
years.
Discharging
firearm with intent to intimidate,
etc.
109.
Every person who with intent to intimidate or annoy discharges a firearm near
any other person shall be liable to imprisonment not
exceeding 5 years.
(Added by Act 7 of
1962.)
Exploding
dynamite, etc., with intent to intimidate,
etc.
110.
Every person who explodes dynamite or other substance anywhere with intent to
intimidate or annoy any other person shall be liable
to imprisonment not
exceeding 5 years.
(Added by Act 7 of
1962.)
Threatening
documents.
111.
Every person who with knowledge of its contents sends or causes to be received
any document containing any threat to kill or containing
do bodily harm to any
person or to damage any property shall be liable to imprisonment for any period
not exceeding 5
years.
Common
assault.
112.
Every person who wilfully and without lawful justification-
(a) strikes at or actually hits another person with his hand or with anything held therein, or
(b) seizes or tears the clothes of another person, or
(c) pushes, kicks or butts another person, or
(d) spits or throws liquid or any substance on or at another person, or
(e) sets a dog on another person,
is
guilty of an offence and is liable on summary conviction to a fine not exceeding
$500 or in default of payment thereof to imprisonment
for any period not
exceeding one year.
(Inserted by Act 9 of
1987 and Amended by Act 46 of
1988.)
Assault,
obstruction.
113.
Every person who-
(a) assaults any person with intent to commit an offence, or to resist or prevent the lawful apprehension or detention of himself or of any other person, or to rescue any person from lawful custody;
(b) assaults, obstructs or resists any police officer acting in the execution of his duty or any person in aid of that officer; or
(c) assaults, obstructs or resists any person acting in the lawful execution of any process against any property or with intent to rescue any movable property taken under that process or under any lawful distress,
is
guilty of an offence and is liable on summary conviction to a fine not exceeding
$500 or to imprisonment for any period not exceeding
one year or to both.
(Inserted by Act 9 of
1987 and Amended by Act 46 of
1988.)
Unlawful
imprisonment.
114.
Every person who shall unlawfully imprison or detain another person shall be
liable to a fine not exceeding $500 and in default of
payment thereof to
imprisonment for any period not exceeding one year.
(Amended by Act 9 of
1987 and Amended by Act 46 of
1988.)
Cruelty
to children and young
persons.
115.
(1) If any person over the age of 16 years, who has the custody, charge, or care
of any child or young person, wilfully assaults,
ill-treats, neglects, abandons,
or exposes such child or young person, or causes or procures such child or young
person to be assaulted,
ill-treated, neglected, abandoned, or exposed, in a
manner likely to cause such child or young person unnecessary suffering or
injury
to his health (including injury to or loss of sight, or hearing, or limb,
or organ of the body, and any mental derangement), that
person shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding $1000,
or alternatively, or in default
of payment of such fine, or in addition thereto,
to imprisonment for any term not exceeding 3 years; and for the purpose of this
section a parent or other person legally liable to maintain a child or young
person shall be deemed to have neglected him in a manner
likely to cause injury
to his health if he fails to provide adequate food, clothing, medical aid, or
lodging for the child or young
person.
(Amended by Act 9 of
1987.)
(2)
A person may be convicted of an offence under this section, notwithstanding that
actual suffering or injury to health, or the
likelihood of such suffering or
injury to health, was obviated by the action of another
person.
(3) A person may be
convicted of an offence under this section, notwithstanding the death of the
child or young person in respect
of whom the offence is
committed.
(4) Upon the trial of
any person over the age of 16 for the manslaughter of a child or young person of
whom he had the custody, charge
or care, it shall be lawful for the jury, if
they are satisfied that the accused is guilty of an offence under this section
in respect
of such child or young person, to find the accused guilty of such
offence.
(5) If it is proved that
a person convicted under this section was directly or indirectly interested in
any sum of money accruable
or payable in the event of the death of the child or
young person, and had knowledge that such sum of money was accruing or becoming
payable, then the Court may in its discretion either increase the amount of the
fine under this section so that the fine does not
exceed $2000 or, in
lieu
of awarding any other penalty under this section, sentence the person to
imprisonment for any term not exceeding 5 years.
(Amended by Act 9 of
1987.)
(6)
A person shall be deemed to be directly or indirectly interested in a sum of
money under this section, if he has any share in
or any benefit from the payment
of that money, though he is not a person to whom it is legally
payable.
(7) A copy of a policy of
insurance, certified by an officer or agent of the insurance company granting
the policy, to be a true copy,
shall in any proceedings under this section be
prima
facie evidence that the child or young
person therein stated to be insured has been in fact so insured, and that the
person in whose favour
the policy has been granted is the person to whom the
money thereby insured is legally
payable.
(8) For the purposes of
this section-
(a) the expression "child" means a person under the age of 14 years;
(b) the expression "young person" means a person who is 14 years of age or upwards and under the age of 16 years. (Added by Act 12 of 1957.)
Enticing
or taking away
children.
116.
(1) Every person who with intent to deprive any parent or other person having
the lawful charge of any child under the age of 14
years of the possession of
such child unlawfully-
(a) takes or entices away or detains such child, or
(b) receives such child knowing it to have been so taken or enticed away as aforesaid,
shall
be liable to imprisonment for any period not exceeding 5
years.
(2) Nothing in subsection
(1) contained shall render liable to prosecution on account of getting
possession of any such child as is
mentioned therein any person claiming in good
faith a right to the possession of such child nor any person being the mother of
an
illegitimate child.
Illustration
Sub-section (2). A mother believing in good faith but mistakenly that she has the right to the custody of her child under an agreement with its father who is her husband takes it away from the father. She is not guilty of offending against this section.
Enticing
woman to desert
husband.
117.
Every person who entices any married women to desert her husband shall be liable
to a fine not exceeding $500 and in default of payment
thereof to imprisonment
for any period not exceeding 12 months.
(Amended by Act 9 of
1987.)
Rape.
118.
(1) Any person committing rape that is to say any person who carnally knows any
female-
(a) against her will, or
(b) being aware that she is in a state of insensibility (whether due to sleep, intoxication or any other cause), or
(c) being aware that she is feeble minded, insane or is an idiot or imbecile as to be incapable of giving or refusing consent; or (Substituted by Act 9 of 1987.)
(d) by personating her husband, or
(e) by reason of her consent to such carnal knowledge having been given under fear of death or serious injury,
shall
be liable to imprisonment for any term not exceeding 15
years.
(2) Sexual intercourse by a
man with his wife shall not be deemed rape unless consent to such sexual
intercourse has been withdrawn
through process of law.
(Inserted by Act 9 of
1987.)
(3)
For purposes of sub-section (1) a man commits rape if at the time of sexual
intercourse with a woman he knows that she does not
consent to the intercourse
or he is reckless as to whether she consents to it.
(Inserted by Act 9 of
1987.)
(4)
It is hereby declared that if at a trial for a rape offence the jury has to
consider whether a man believed that a woman was consenting
to sexual
intercourse, the presence or absence of reasonable grounds for such a belief is
a matter for which the jury is to have
regard in conjunction with any other
relevant matters in considering whether he so believes.
(Inserted by Act 9 of
1987.)
(5)
A prosecution may be instituted against a woman as an aider and abetter in
respect of an offence under sub-section (1).
(Inserted by Act 9 of
1987.)
Order
restricting
publication.
119.
(1) Where an accused is charged with an offence mentioned in section 118, the
presiding Judge or Magistrate may, or if application
therefore is made by the
complainant or the Prosecutor, shall, make an order directing that the identity
of the complainant and her
evidence taken in the proceedings shall not be
published in the Kingdom in a written publication available to the public or be
broadcast
in the Kingdom.
(2) The
presiding Judge or Magistrate shall, at the first reasonable opportunity, advise
the complainant of her right to make an application
for an order under
subsection (1).
(Inserted by Act 9 of
1987.)
Attempted
rape.
120.
Any person who attempts to carnally know any female under any of the
circumstances enumerated in clauses (a) to (e) of section 118
shall be liable to
imprisonment for any term not exceeding 10
years.
Carnal
knowledge of
girl.
121.
Any person who carnally knows any girl under the age of 12 years shall be liable
on conviction thereof to imprisonment for any period
not exceeding
life.
Attempt
to have carnal
knowledge.
122.
Any person who attempts to have carnal knowledge of a girl under the age of 12
years shall be liable on conviction thereof to imprisonment
for any term not
exceeding 10
years.
Belief
as to age no
defence.
123.
It shall be no defence to any charge under section
121
or
122
to prove that the girl consented to the act or that the person reasonably
believed that the girl was of or above the age of 12
years.
Indecent
assault.
124.
(1) Any person who shall commit an indecent assault on any female shall be
liable on conviction thereof to imprisonment for any term
not exceeding 2
years.
(2) A girl under the age of
16 years cannot in law give any consent which would prevent an act being an
indecent assault for the purposes
of this section.
(Inserted by Act 9 of
1987.)
(3)
A woman who is feeble minded, insane or an idiot or imbecile cannot in law give
any consent which would prevent an act being an
indecent assault for the
purposes of this section, but a person is only to be treated as guilty of an
indecent assault on such woman
by reason of that incapacity to consent, if that
person knew or had reason to suspect her to be feeble minded, insane or an idiot
or imbecile.
(Inserted by Act 9 of
1987.)
Indecent
assault on
child.
125.
(1) Any person who shall commit an indecent assault on any child under the age
of 12 years shall be liable on conviction thereof
to imprisonment for any term
not exceeding 5 years.
(2) It
shall be no defence to any prosecution for an indecent Consent no assault on a
child under the age of 12 years to prove that
he or she defence. consented to
the act of
indecency.
Procuring
the defilement of
females.
126.
Any person who-
(a) procures or attempts to procure any girl or any woman under 21 years of age to have unlawful carnal connection either within or without the Kingdom with any person or persons, or (Amended by Act 9 of 1987.)
(b) procures or attempts to procure any woman or girl to leave her usual place of abode in the Kingdom with intent that she may become an inmate of or frequent a brothel within or without the Kingdom,
shall
be liable to imprisonment for any term not exceeding 5
years:
Provided that no person
shall be convicted of any offence under this section upon the evidence of one
witness only unless such witness
be corroborated in some material particular by
evidence implicating the
accused.
Procuring
defilement of females by threats,
etc.
127.
(1) Any person who-
(a) by threats or intimidation, or
(b) by false pretences of fact, or
(c) by means of the application or administration of any drug or other substance to any woman or girl,
procures
or attempts to procure any woman or girl to have any unlawful carnal connection
with any person or persons whether within
or without the Kingdom shall be liable
to imprisonment for any term not exceeding 4
years:
Provided that no person
shall be convicted of an offence under this section upon the evidence of one
witness only unless such witness
be corroborated in some material particular by
evidence implicating the
accused.
Abduction
of
women.
128.
Any person who shall by force take away or detain any woman of any age with
intent to marry or carnally know her or to cause her
to be married or carnally
known by any other person shall on conviction thereof be liable to imprisonment
for any term not exceeding
7
years.
Abduction
of
girls.
129.
(1) Any person who shall take or cause to be taken any girl being under the age
of 14 years out of the possession, and against the
will, of her father or mother
or any other person having the lawful charge of her, shall be liable on
conviction thereof to imprisonment
for any term not exceeding 5
years.
(2) It shall be no defence
to any prosecution brought under this section to prove that the girl consented
to being so taken or that
the accused was told or reasonably believed the girl
to be of or above the age of 14
years.
Juvenile
offender may be
whipped.
130.
In the case of any male person convicted of an offence against any of the
provisions of sections
118
to
129
(both inclusive) of this Act the Court, if the age of such offender does not
exceed 16 years, may instead of sentencing him to imprisonment
order him to be
whipped in accordance with the law for the time being in force regulating the
punishment of offenders by whipping.
(Amended by Act 9 of
1987.)
Offender
charged with rape may be convicted of indecent assault,
etc.
131.
If upon the trial of any person for rape or for unlawfully carnally knowing a
girl under the age of 12 years, the jury shall be satisfied
that the defendant
is guilty of an offence under either section
124,
125 or
127,
but are not satisfied that the defendant is guilty of the offence charged
against him or of an attempt to commit the same, the jury
may acquit the
defendant of the offence charged and may find him guilty of the offence under
either section 124,
125
or
127, as the case may be, and the
defendant shall be liable to the same punishment as if he had been originally
charged and convicted
of an offence against such
section.
Incest
by male
person.
132.
(1) Any male person who has carnal knowledge of a female person who is to his
knowledge his granddaughter, daughter, sister, mother,
aunt, mother's sister's
daughter, father's sister's daughter, father's brother's daughter, or niece
shall be liable to imprisonment
for any term not exceeding 10 years.
(Amended by Act 15 of
1935.)
(2)
It is immaterial that the carnal intercourse was held with the consent of the
female person.
(3) If any male
person attempts to commit any such offence as aforesaid he shall be liable to
imprisonment for any term not exceeding
7
years.
(4) On a person's
conviction of an offence under this section against a girl under the age of 21
or of attempting to commit such offence,
the Court may by order divest him of
all authority over her.
(Inserted by Act 9 of
1987.)
(5)
An order divesting a person of authority over a girl under subsection (4) may,
if he is her guardian, remove him from the guardianship.
(Inserted by Act 9 of
1987.)
(6)
An order under this section may appoint a person to be the girl's guardian
during her minority or any less period.
(Inserted by Act 9 of
1987.)
(7)
An order under this section may be varied from time to time or be rescinded by
the Supreme Court.
(Inserted by Act 9 of
1987.)
Incest
by female
person.
133.
Any female person of or above the age of 18 years who consents to her
grandfather, father, brother, son, uncle, father's mother's
son, mother's
brother's son, mother's sister's son, or nephew having carnal knowledge of her
(knowing him to be her grandfather,
father, brother, son, uncle, father's
mother's son, mother's brother's son, mother's sister's son or nephew, as the
case may be)
shall be liable to imprisonment for any term not exceeding 10
years. (Amended by
Acts 15 of 1935 and 9 of
1987.)
Definition
of
relationship.
134.
In sections
132
and
133
the expressions "brother", "sister", "nephew" and "niece" shall respectively
include half-brother, half-sister, half-nephew and
half-niece.
On
charge of incest accused may be convicted of rape,
etc.
135.
(1) If on the trial of any person for any offence against section
132
the jury are satisfied that the defendant is not guilty of that offence but is
guilty of the offence of rape or attempted rape, the
jury may acquit the
defendant of that offence and find him guilty of rape or attempted rape and he
shall be liable to be punished
accordingly.
(2) If on the trial
of any person for rape or attempted rape, the jury are satisfied that the
defendant is guilty of an offence against
section
132
but are not satisfied that the defendant
is guilty of rape or attempted rape, the jury may acquit the defendant of the
charge of rape
or attempted rape and find him guilty of an offence against
section
132
and he shall be liable to be punished
accordingly.
Sodomy
and
bestiality.
136.
Whoever shall be convicted of the crime of sodomy with another person or
bestiality with any animal shall be liable at the discretion
of the Court to be
imprisoned for any period not exceeding ten years and such animal shall be
killed by a public officer.
(Substituted by Act 9
of
1987.)
Assault
with intent to commit
sodomy.
137.
It is an offence for a person to assault another person with intent to commit
sodomy. (Inserted by
Act 9 of
1987.)
Indecent
assault on
man.
138.
It is an offence for a person to make an indecent assault on a man.
(Inserted by Act 9 of
1987.)
Attempted
sodomy, indecent assault upon a
male.
139.
Whoever shall attempt to commit the said abominable crime of sodomy or shall be
guilty of an assault with intent to commit the same
or of any indecent assault
upon any male person shall be liable at the direction of the Court to
imprisonment for any term not exceeding
10
years.
Evidence.
140.
On the trial of any person upon a charge of sodomy or carnal knowledge it shall
not be necessary to prove the actual emission of
seed but the offence shall be
deemed complete on proof of penetration
only.
Proceedings
in
camera.
141.
All proceedings under sections
116
to
134
(both inclusive) whether in the Magistrates' Courts or in the Supreme Court may
be held in
camera.
Whipping
for certain
offences.
142.
Whenever any male person shall be convicted of any offence against sections
106, 107, 115, 118,
121, 122, 125, 132, 136 and
139
of this Act the Court may, in its discretion in
lieu
of or in addition to any sentence of imprisonment authorised under this Act
order the person so convicted to be whipped in accordance
with the provisions of
section 31
of this Act.
(Substituted by Act 9
of 1987.)
PART X.-OFFENCES AGAINST PROPERTY
Definition
of
theft.
143.
Theft is the dishonest taking without any colour of right of anything (which by
section
144
is declared capable of being stolen) with intent either-
(a) to deprive the owner permanently of such thing, or
(b) to deprive any other person permanently of any lawful interest possessed by him in such thing,
and
with the intention of converting such thing to the use of any other person
without the consent of the owner or person possessing
such interest therein as
aforesaid. "theft" and "steal" shall be construed accordingly.
(Amended by Act 9 of
1987.)
Explanations
If the article which the defendant is charged with stealing was taken by him either by mistake or in the honest belief that he had a right to it or with the full intention of returning it to its owner the defendant cannot be convicted of theft.
If the thing alleged to have been stolen was not moved by the defendant in the slightest degree from its place the offence does not amount to theft. Thus if A while opening a box to steal money contained in it and before moving any money from its place in the box becomes aware that he is being watched and desists and runs away he cannot be convicted of theft but may be convicted of attempted theft. If however A had taken some of the money out of the box and put it beside him on the floor he could be convicted of theft of that amount.
Things
capable of being
stolen.
144.
(1) Every animate thing which is the property of any person is capable of being
stolen.
(2) Every inanimate thing
which is the property of any person is capable of being
stolen:
Provided
that-
(a) it is moveable; or
(b) it is capable of being made moveable and has been made moveable even though it has been made moveable only in order to steal it.
Explanations
A horse dog or fowl is capable of being stolen by reason of subsection one.
Money, a boat or coconuts lying on the ground are capable of being stolen by reason of subsection 2 paragraph (a). Coconuts growing on a tree, yams growing in the ground are capable of being stolen under subsection 2 paragraph (b) as soon as the coconuts are detached from the tree or the yams are dug up even though the detaching or digging was done by the thief in order to steal them.
Punishment
for
theft.
145.
Every person who commits theft is liable-
(a) if the value of the thing stolen does not exceed $500 to imprisonment for any period not exceeding 2 years; (Amended by Acts 13 of 1943, 13 of 1969 and 26 of 1984.)
(b) if the value of the thing stolen exceeds $500 to imprisonment for any period not exceeding 7 years. (Amended by Acts 13 of 1969 and 26 of 1984.)
Whipping
upon conviction in certain
cases.
146.
Whenever upon the conviction of any male person for theft or for any offence
against sections 154,
155 and
173,
the Court may, in its discretion, in addition to any sentence of imprisonment
authorised under this Act, order the person so convicted
to be whipped in
accordance with the provisions of section
31
hereof.
(Substituted by Act 9
of
1987.)
Taking
things according to Tongan
custom.
147.
Every Tongan who following the former Tongan custom takes anything capable of
being stolen belonging to any of his relatives without
the permission of its
owner and with intent to deprive such owner permanently of such thing shall be
liable to the same punishment
as if he had committed
theft.
Receiving.
148.
(1) Any person who receives any property knowing or believing it to have been
stolen or obtained in any way whatsoever under circumstances
which amount to a
criminal offence is guilty of an offence and is liable to the same punishment as
if he had committed theft.
(Amended by Act 46 of
1988.)
(2)
Any person who receives any mail bag or any postal packet or any chattel or
money or valuable security, the stealing or taking
or embezzling or secreting
whereof amounts to an offence under the Post Office Act or this Act, knowing or
believing the same to
have .been unlawfully stolen, taken, embezzled or
secreted, and to have been sent or to have been intended to be sent by post, is
guilty of an offence and is liable to the same punishment as if he had committed
theft.
(3) Any person mentioned in
subsection (1) may be indicted and convicted whether the principal offender has
or has not been previously
convicted, or is not amenable to
justice.
(4) Any person who,
without lawful excuse, knowing or believing the same to have been stolen or
obtained in any way whatsoever under
such circumstances that if the act had been
committed in the Kingdom the person committing it would have been guilty of an
offence,
receives or has in his possession any property so stolen or obtained
outside the Kingdom is guilty of an offence and is liable to
the same punishment
as if he had committed theft.
(5)
For the purposes of this section and of any other written law relating to
receivers or receiving, a person shall be treated as
receiving property if he
dishonestly undertakes or assists in its retention, removal, disposal or
realisation, or if he arranges
to do so.
(Substituted by Act 9
of
1987.)
Summons
charging theft may also contain charge of
receiving.
149.
It shall be lawful to insert in any summons charging theft a charge of receiving
the stolen property or any part thereof knowing
or believing the same to have
been stolen and it shall be lawful for the court by whom such charges are tried
to adjudge the defendant
guilty either of stealing the property or of receiving
the same or any part thereof knowing or believing it to have been stolen.
(Amended by Act 13 of
1978.)
Person
may be charged with other acts of theft against same
person.
150.
In the case of any person intended to be tried in the Supreme Court for theft,
it shall be lawful to charge the offender by summons
at the preliminary inquiry
in the Magistrate's Court with any number of distinct acts of theft not
exceeding 5 which have been committed
against the same person within the space
of 6 months from the first to the last of such acts, and to try the offender in
the Supreme
Court (if committed thereto for trial) either upon all or any of
such
charges.
Finding
of lost property: duty of
finder.
151.
(1) Every person who takes possession of anything which appears to be of some
value and to have been lost by another person, shall
within 24 hours after
taking possession of it deliver it to the owner if he be known and where the
owner is unknown the thing so
found shall be delivered to the district officer
or town officer of the town in which the finder is residing or to the police.
Any
person failing to obey the provisions of this subsection shall be liable to
imprisonment for any period not exceeding 3 months.
(Amended by Act 9 of
1958.)
Duty
of District Officer.
(2) Every
District Officer upon delivery to him of any article which has been found shall
cause the finding thereof to be proclaimed
and if upon such proclamation being
made the owner is not discovered the District Officer shall notify the police of
the finding.
If the owner is discovered within one month from the date of such
notification to the police the District Officer shall deliver the
thing found to
him upon his paying the finder one-tenth of its apparent value. If the police
fail to discover the owner within one
month after receiving such notification as
aforesaid the District Officer shall re-deliver the thing found to the finder
and it shall
become his absolute property.
(Amended by Act 9 of
1987.)
(3)
Nothing in this section shall exempt a person from liability to punishment for
stealing or receiving property knowing or believing
it to have been stolen if
his action amounts to either of such offences.
(Amended by Act 13 of
1978.)
Explanation
as to stealing of thing
found.
152.
A person who takes possession of a thing which appears to have been lost by
another person is not guilty of stealing unless-
(a) at the time of taking possession he knows who is the owner of the thing or by whom it has been lost; or
(b) the character or situation of the thing or any marks on it or any other circumstances is or are such as to afford some indication as to who is the owner of the thing or the person by whom it was lost; or
(c) it appears that the thing was not in fact lost but merely mislaid by being left by mistake in some place to which the owner would naturally return for it.
Illustrations
A finds in the street a pocket book containing treasury notes, the owner's name being inscribed on the pocket book. A will be guilty of theft if he appropriates the pocket book or the treasury notes.
A after purchasing goods in B's shop leaves his purse by mistake on the counter and goes away. B will be guilty of theft if he appropriates the purse.
Possession
of stolen
property.
153.
(1) It shall be lawful for any member of the police force to stop and detain any
person he may meet carrying any article or articles
for the purpose of
ascertaining who the person is and the nature of the articles in his possession,
and in case such police officer
suspects that the articles have been improperly
come by and the person in possession thereof fails to give a satisfactory
account
of himself and of how such articles were come by, such person may be
conveyed to the police station and interrogated by the
officer-in-charge.
(2) It shall be
lawful for such office officer-in-charge as aforesaid to cause a summons to be
issued in the Magistrate's Court against
such person charging him with having in
his possession or conveying in any manner anything which is reasonably suspected
of being
stolen or unlawfully obtained and, if such person fails to give an
account to the satisfaction of the magistrate as to how he came
by the same, he
shall be liable to imprisonment for any period not exceeding 3
months.
(3) Where any person so
charged as aforesaid declares to the Court that he received the articles in
respect of which the charge is
brought from some other person, or that he was
employed as an agent or servant, or to convey the same for some other person,
the
magistrate shall if practicable cause to be brought before him every such
other person and if necessary any other person through
whose possession such
articles have passed, and shall examine witnesses on oath in regard thereto, and
if it appears to the magistrate
that any person so brought before him has had
possession of such articles and had reasonable cause to believe the same to have
been
stolen or unlawfully obtained, every such person shall be liable to
imprisonment for any period not exceeding 3
months.
Robbery.
154.
(1) Robbery is the taking of anything capable of being stolen by using violence
or threats of injury to the owner or person in lawful
possession of the thing
taken or to any property of his so as to put him in fear and thereby overcome
his opposition to the taking.
(2)
Every person who commits robbery shall be liable to imprisonment for any period
not exceeding 10
years.
Assault
with intent to
rob.
155.
Every person who shall assault any person with intent to commit robbery shall be
liable to imprisonment for any period not exceeding
10 years.
(Amended by Act 9 of
1987.)
Extortion.
156.
Every person who-
(a) with intent to extort or gain anything from any person accuses, threatens to accuse, or threatens to cause to be accused of a criminal offence the person to whom such accusation or threat is made or any other person, or
(b) knowing that a document contains such an accusation or threat as is mentioned in paragraph (a). causes such document to be received by any person,
shall be liable to
imprisonment for any period not exceeding 10 years.
(Amended by Act 9 of
1987.)
Demanding
property with
menaces.
157.
Every person who with menaces demands from any person either for himself or for
any other person anything capable of being stolen,
with intent to steal it,
shall be liable to imprisonment for any
period not exceeding 10 years.
(Amended by Act 9 of
1987.)
Embezzlement.
158.
Every person employed as or acting in the capacity of a clerk or servant who
shall fraudulently convert to his own use or benefit
or to the use or benefit of
any other person any money, valuable security or property of any description
whatever or any part thereof
which was delivered to or received by him on behalf
of his master or employer shall be liable to imprisonment for any period not
exceeding 7 years:
Provided that
this section shall not apply to persons in the public service of the
Kingdom.
Falsification
of
accounts.
159.
Every person employed as or acting in the capacity of a clerk, officer or
servant and whether in the service of the Government or
of a private employer
who wilfully and with intent to defraud-
(a) destroys, alters or falsifies any book, valuable security, account or document which belongs to his employer, or
(b) makes or concurs in making any false entry in any such book or document, or
(c) omits or alters or concurs in omitting or altering any material particular in any such book or document,
shall
be liable to imprisonment for any period not exceeding 7
years.
Person
may be charged with other acts of embezzlement,
etc.
160.
In the case of any person intended to be tried in the Supreme Court for
embezzlement, falsification of accounts or fraudulent conversion
respectively it
shall be lawful to charge the offender by summons at the preliminary inquiry in
the Magistrate's Court with any number
of distinct acts of embezzlement,
falsification or fraudulent conversion respectively not exceeding 5 which have
been committed against
the same person within the space of 6 months from the
first to the last of such acts and to try the offender in the Supreme Court
(if
committed thereto for trial) either upon all or any of such
charges.
Person
charged with embezzlement or fraudulent conversion may be convicted of theft and
vice
versa.
161.
Where on the trial in the Supreme Court of any person charged with embezzlement
or fraudulent conversion, it appears from the evidence
that the offence
committed by such person in reference to the property in respect of which the
prosecution has been brought was theft,
or where on the trial in the Supreme
Court of any person charged with theft it appears that the offence committed in
regard to the
property mentioned in the summons was that of embezzlement or
fraudulent conversion, the defendant shall not in either instance be
entitled to
be acquitted, but in the former case the jury may return as their verdict that
the defendant is not guilty of embezzlement
or fraudulent conversion of property
but is guilty of theft, and in the latter case that the defendant is not guilty
of theft but
is guilty of embezzlement or fraudulent conversion as the case may
be; and thereupon the defendant shall in either case be liable
to the same
punishment as if he had been prosecuted and convicted for committing the offence
of which the jury have found him
guilty.
Fraudulent
conversion of
property.
162.
Every person who-
(a) having had delivered to him anything capable of being stolen on loan or on hire or in order that he may do any work upon such thing, or
(b) being entrusted with anything capable of being stolen in order that he may retain the same in safe custody or apply, pay or deliver for any purpose or to any person such thing or any part thereof or any proceeds thereof, or
(c) having received for or on account of any other person anything capable of being stolen, fraudulently converts to his own use or benefit or to the use or benefit of any other person such thing or any part thereof or any proceeds thereof, shall be liable to imprisonment for any period not exceeding 7 years.
Fraudulent
conversion by
trustee.
163.
Every person who as a trustee, executor, administrator, co-owner or member of a
partnership has or acquires a lawful interest in
any money, goods, valuable
security or other thing capable of being stolen, and fraudulently converts such
money, goods, security
or other thing or any part thereof or proceeds thereof to
his own use or benefit or to the use or benefit of any person not beneficially
entitled thereto, shall be liable to imprisonment for any period not exceeding 7
years.
Obtaining
by false
pretences.
164.
Every person who by any false pretence obtains for himself or for any other
person any money, valuable security or other thing whatever
shall be liable to
the same punishment as if he had committed
theft.
Obtaining
execution of
security.
165
Every person who by any false pretence
causes or induces any person to execute, make, accept, endorse or destroy the
whole or any
part of any valuable security shall be liable to imprisonment for
any period not exceeding 4
years.
Obtaining
credit by false
pretences.
166.
Every person who in incurring any debt or liability obtains credit by means of
any false pretence or any fraud shall be liable to
imprisonment for any period
not exceeding one
year.
Obtaining
goods by unauthorised use of employer's
name.
167.
Every person who being employed as agent for another person obtains any goods on
credit by using his employer's name without such
employer's consent shall be
liable to imprisonment for any period not exceeding 5
years.
Obtaining
goods on relative's
account.
168.
Every person who obtains any goods on credit by having them charged to the
account of a relative without such relative's consent
shall be liable to
imprisonment for any period not exceeding 5 years.
(Amended by Act 13 of
1978.)
False
pretences as to
documents.
169.
Every person who procures the execution of any document by any person pretending
that the contents thereof are different from what
they really are shall be
liable to imprisonment for any period not exceeding 5
years.
Forgery.
170.
(1) Forgery is the making of a false document with intent to defraud or deceive
any person whether ascertained or
unascertained.
(2) Making of a
false document includes-
(a) the making of any material alteration in a genuine document whether by erasure, obliteration or otherwise;
(b) the making of any material addition to a genuine document whether by adding a false date, attestation, seal or other matter that is material.
(3)
A false document is-
(a) a document the whole or some material part of which purports to be made by or on behalf of any person who did not either make or authorize the making thereof or which, though in fact made by or by the authority of the person by whom it purports to be made, has its place or date of making falsely stated where either is material; or
(b) a document the whole or some material part of which purports to be made by or on behalf of some person who never in fact existed; or
(c) a document made in the name of an existing person either by that person or by his authority with the intention that the document shall pass as being made by some person real or fictitious other than the person who makes or authorizes it.
(4)
Forgery is complete if the false document is so made and is such as to show that
it was intended to be acted on as genuine even
though it may be incomplete or
may not purport to be such a document as would be valid in
law.
Punishment
for
forgery.
171.
Every person who commits forgery shall be liable to imprisonment for any period
not exceeding 7
years.
Knowingly
dealing with forged
documents.
172.
Every person who knowing a document to be forged uses, deals with or acts upon
it or attempts to use deal with or act upon it or
causes or attempts to cause
any person to use, deal with or act upon it as if it were genuine shall be
liable to imprisonment for
any period not exceeding 5 years and it is immaterial
whether such document was forged in Tonga or
elsewhere.
House-
breaking.
173.
(1) A person is guilty of housebreaking if-
(a) he enters any building or part of a building as a trespasser and with intent to commit any crime; or
(b) having entered any building or part of a building as a trespasser he committed or attempted to commit any crime in the building or that part of it.
(2)
Reference in subsection (1) to a building shall apply also to an inhabited
vehicle or vessel, and shall apply to any such vehicle
or vessel at times when
the person having a habitation in it is not there as well as at times when he
is.
(3) For the purposes of this
section the word "enters" in subsection (1) means the putting of any part of the
body of the person making
the entrance, or any part of any instrument used by
him inside the building.
(4) A
person guilty of housebreaking is liable on conviction to imprisonment for any
period not exceeding 10 years.
(Substituted by Act 9
of 1987 and Amended by Act 46 of
1988.)
Unlawful
entry into buildings by
night.
174.
Every person who enters or is found by night in any dwelling house, shop or
other building of any kind whatsoever without lawful
justification shall be
liable to imprisonment for any period not exceeding 5 years.
(Substituted by Act 9
of
1987.)
Unlawfully
being on enclosed premises at
night.
175.
(1) Every person who is found by night in any town in an enclosed yard, garden
or other enclosed area without lawful justification
for his presence there shall
be liable to imprisonment for any period not exceeding 2
years.
(2) It shall be lawful for
any police officer to arrest without warrant any person whom he finds committing
an offence against this
section.
Possession
of house-breaking
instruments.
176.
Every person who is found by day or night armed with any offensive instrument
with intent to break and enter any building whatsoever
shall be liable to
imprisonment for any period not exceeding 4 years.
(Amended by Act 9 of
1987.)
Arson.
177.
(1) Arson is the offence of wilfully and without lawful justification setting
fire to any building of any kind belonging to another
person or to any vessel,
crop, property or other thing whatsoever belonging to another person whether
attached to the soil or not.
(2)
Every person who commits the offence of arson shall be liable to imprisonment
for any period not exceeding 5
years.
(3) Where the person
accused has an interest in the thing to which he sets fire, the existence of
such interest if partial shall not
prevent his act from amounting to the offence
of arson, nor shall the existence of such interest if total prevent his act from
amounting
to arson if such act was done with intent to defraud.
Illustrations
A owns a quarter share in a boat, the other three-quarters being owned by B. A and B quarrel and A sets fire to the boat. A is guilty of arson although he has a quarter share in the boat.
A owns a house which is insured against fire and sets fire to it in order to obtain the insurance money. A although he owns the house is guilty of arson as he set fire to the house with intent to defraud the insurance company.
PART XI-WILFUL DAMAGE TO PROPERTY AND ANIMALS: TRESPASS: BURNING OFF UNDERGROWTH, ETC.
Wilful
damage to buildings, vessels, wharves,
etc.
178.
Every person who in any manner intentionally and unlawfully causes damage to any
building or vessel or to any wharf or to any machinery
or tools or to any
building, structure, machinery, apparatus or vessel constructed or used for the
purposes of any harbour or wharf
or for the purpose of regulating the action of
the sea or protecting any land from erosion or inundation by the sea, shall be
liable
where the damage does not exceed $500 to imprisonment for any period not
exceeding 6 months and where the damage does exceed $500
to imprisonment for any
period not exceeding 10 years.
(Amended by Act 9 of
1959 and Act 9 of
1987.)
Wilful
damage to beacons, buoys,
etc.
179.
Every person who intentionally and unlawfully causes damage to any lighthouse,
light beacon, buoy or other apparatus whasoever which
is used or maintained for
the safety of navigation shall be liable to imprisonment for any period not
exceeding 10
years.
Interference
with
landmarks.
180.
Every person who shall move, damage or in any manner interfere with any landmark
or any Government survey peg which has been fixed
under the authority of a
Government surveyor or of the Minister of Lands shall be liable to imprisonment
for any period not exceeding
one
year.
Wilful
damage to
commodities.
181.
Every person who intentionally and unlawfully causes damage in any manner
whatsoever to anything in course of manufacture or preparation
for sale or to
anything manufactured or prepared for sale or to any kind of vegetable produce
whatsoever, whether growing or severed
from the soil, and whether in any
building yard or stack or wheresoever situated is guilty of an offence
and-
(a) if the damage caused does not exceed $500, is liable on summary conviction to imprisonment for any period not exceeding 2 years; or
(b) if the damage caused exceeds $500 is liable on conviction on indictment to imprisonment for any period not exceeding 5 years.
(Amended
by Acts 9 of 1987 and 46 of
1988.)
Killing
or maiming
cattle.
182.
Every person who intentionally and unlawfully kills, maims or wounds any cattle
shall be liable to imprisonment for any period not
exceeding 3
years.
Killing
or maiming other
animals.
183.
Every person who intentionally and unlawfully kills, maims or wounds any animal
not being cattle, which is of some value and which
is and appears tamed or
domesticated or which is ordinarily kept in a state of confinement, shall be
liable in respect of a first
offence to imprisonment for any period not
exceeding 6 months and for any subsequent offence to imprisonment for any period
not exceeding
one
year.
Wilful
damage to trees or cultivated plants,
etc.
184.
(1) Every person who intentionally and unlawfully causes damage to any tree or
cultivated plant growing in any public place or Government
plantation or in any
private plantation, garden, pleasure ground or cemetery shall-
(a) where the amount of such damage does not exceed $50 be liable to imprisonment for any period not exceeding 2 months; and
(b) where the amount of such damage exceeds $50 be liable to imprisonment for any period not exceeding 2 years.
(Amended
by Act 9 of
1987.)
(2)
Every person who intentionally and unlawfully causes damage to any tree or
cultivated plant growing elsewhere shall be liable
to imprisonment for any
period not exceeding 6
weeks.
Wilful
damage to fish
fences.
185.
Every person who intentionally and unlawfully damages, destroys or takes away
any fish fence, net, fish pot or other apparatus of
any other person erected or
placed for the purpose of catching, taking or keeping turtle or fish or any
turtle or fish in any fish
fence, net, fish pot or other apparatus so erected or
placed as aforesaid shall be liable to a fine not exceeding $200 and in default
of payment to imprisonment for any period not exceeding 3 months.
(Amended by Act 9 of
1987.)
Wilful
damage to
fences.
186.
Every person who intentionally and unlawfully destroys or damages any part of
any live or dead fence whatsoever or any post, pale,
rail or wire used as a
fence or any gate or part thereof respectively shall be liable to a fine not
exceeding $200 and in default
of payment to imprisonment for any period not
exceeding 3 months.
(Amended by Act 9 of
1987.)
Wilful
damage to things not otherwise provided
for.
187.
Every person who shall intentionally and unlawfully cause damage to any land
animal or thing not specially provided for in this
Act shall-
(a) where such damage does not exceed $500 to a fine of $500 or imprisonment for any period not exceeding 2 years or to both such fine and such imprisonment;
(b) where such damage exceeds $500 to a fine of $2000 or imprisonment for any period not exceeding 7 years or to both such fine and such imprisonment.
(Amended
by Acts 19 of 1978 and 9 of
1987.)
Trespass.
188.
(1) Every person who without lawful excuse enters upon the tax allotment,
plantation, garden or other land belonging to or in the
possession of another
person shall be liable at the prosecution of such owner or occupier to a fine
not exceeding $50 of which half
shall be paid to such owner or occupier and the
other half to the Government.
(Amended by Act 9 of
1987.)
(2)
If any damage to crops has been caused by such entry the magistrate may in
addition to any fine inflicted under this section order
the defendant to pay
compensation in respect of such damage up to an amount not exceeding $200 which
sum in the case of injury to
private property shall be paid to the owner or
occupier and in case of injury to Government property shall be paid to the
Treasury.
If such fine and compensation together with the costs of summons shall
not be paid within the period specified by the magistrate
at the time of
conviction the magistrate may commit the defendant to prison for any period not
exceeding 4 months unless such amounts
be sooner paid.
(Amended by Act 9 of
1987.)
Taking
and using cattle without owner's
consent.
189.
Every person who catches, takes or drives or attempts to catch or drive any
cattle from or out of any tax or town allotment, yard
or stable or from any
place where it is lawfully tethered for the purpose of riding it or using it for
carrying anything or for drawing
any vehicle or for the purpose of setting it
loose or for any other unlawful or mischievous purpose without the consent of
the owner
or person in charge thereof and without having any claim of title
thereto shall be liable to a fine not exceeding $200 and in default
of payment
to imprisonment for any period not exceeding 3 months.
(Amended by Act 9 of
1987.)
Burning
things in towns without proper
precaution.
190.
Every person who in any town burns any building, shed or other thing of which he
is the owner, without taking proper precaution
to prevent damage from fire to
any adjacent property belonging to another person or persons, shall be liable to
imprisonment for
any period not exceeding one
year.
Burning
off undergrowth. Notice to be given and proper precautions
taken.
191.
(1) Every person who intends to set fire to or cause fire to be set to any tree,
bush, underwood, rubbish, hana or other grass shall
give notice to all
neighbours possessing or in charge of any tax allotment, plantation, trees,
crops or buildings which might be
damaged or destroyed by the fire if carelessly
or improperly used, and shall also take proper precautions to prevent any damage
or
destruction to such allotment, plantation, trees, crops or buildings of his
neighbours.
Penalty.
Compensation
for damage.
(2) Whoever sets fire
to or causes fire to be set to any tree, bush, underwood, rubbish, hana or other
grass for any purpose without
notice given and proper precautions taken as in
this section provided shall, whether or not any damage or injury is caused to
any
other person's tax allotment, plantation, trees, crops or buildings, be
liable on conviction therefore before a magistrate at the
instance of the police
or the person aggrieved to a fine not exceeding $25 and where any such damage or
injury as aforesaid has been
caused shall in addition to any fine imposed under
this section be ordered to pay compensation in respect of such damage up to an
amount not exceeding $500 which sum in the case of injury to private property
shall be paid to the person aggrieved and in the case
of injury to Government
property shall be paid to the Treasury in aid of the general revenue of the
Kingdom. If such fine and compensation
together with the costs of summons shall
not be paid within such period as the magistrate at the time of conviction shall
appoint,
the magistrate may commit the defendant to prison for any period not
exceeding one year unless such amounts be sooner paid.
(Amended by Act 9 of
1987.)
PART
XII-RESTITUTION OF STOLEN PROPERTY AND APPROPRIATION
OF
MONEY TAKEN FROM
PRISONER ON ARREST
Restitution
of property criminally
obtained.
192.
Whenever any person is convicted of stealing or obtaining by any other criminal
means any property, the Court may order that such
property or any part thereof
found in his possession or in the possession of any other person for him shall
be delivered to the person
who from the evidence appears to the Court to be
entitled
thereto.
Restitution
where stolen property pawned by
thief.
193.
When any person is convicted of stealing or otherwise criminally obtaining any
property and it appears to the Court that such property
or any part thereof has
been pawned with any person, the Court may order its delivery to the person who
appears to the Court to-
be the owner either without payment or on payment by
him to the person with whom the same was pawned of the amount of the loan or
such part thereof as the Court under all the circumstances of the case may deem
just.
Money
taken from prisoner to be applied as
compensation.
194.
If upon the arrest of any person charged with an offence any money is found upon
him and taken charge of by the police then in case
of his conviction the Court
may in its discretion order such money or any part thereof to be applied to the
payment of any compensation
which the Court directs to be paid by the
offender.
Money
taken from prisoner to be paid to innocent purchaser of stolen
property.
195.
Whenever upon the conviction of any person for stealing or otherwise criminally
obtaining any property it appears to the Court from
the evidence in the case
that the defendant has sold the property forming the subject matter of the
charge or any part thereof to
another person who was unaware that the defendant
had procured such property by criminal means, and it further appears to the
Court
that any money has been taken by the police from the defendant on his
arrest, it shall be lawful for the Court to order that the
person to whom such
property or part thereof was sold shall restore the property to its rightful
owner and shall be paid out of any
such money as aforesaid taken from the
defendant a sum not exceeding that which he paid to the defendant in respect of
such property
or part thereof.
PART XIII-PROSECUTIONS AND PROCEDURE THEREON
In what
courts prosecutions may be
brought.
196.
Prosecutions for offences against this Act shall be heard and determined as
follows-
(a) offences within the jurisdiction of a Magistrate as defined in the Magistrate's Courts Act: In a Magistrate's Court;
(b) all other offences: In the Supreme Court with or without a jury according to the accused's election.
(Substituted
by Act 6 of
1954.)
Who
may
prosecute.
197.
(1) All prosecutions under this Act may be brought by the Attorney-General.
(Amended by Acts 5 of
1931 and 46 of
1988.)
(2)
Prosecutions under sections
56, 57, 58, 108, 111,
112, 114, 116, 117, 175, 181, 182, 183, 184, 185, 186, 187, 188
and
191,
may be brought either by the Attorney-General or the person aggrieved.
(Amended by Act 46 of
1988.)
PART XIV.-PROBATION OF OFFENDERS
Recognizance
of good
behaviour.
198.
Where any person has been convicted of any offence and the Court is of opinion
having regard to the character, antecedents, age,
health or mental condition of
the person charged or to the trivial nature of the offence or to the extenuating
circumstances under
which the offence was committed, it is inexpedient to
inflict any punishment or any other than a nominal punishment, or that it is
expedient to release the offender on probation, the Court may in
lieu
of imposing a sentence of imprisonment make an order discharging the offender
conditionally on his entering into a recognizance with
or without sureties to be
of good behaviour and to appear for sentence when called upon at any time during
such period not exceeding
3 years as may be specified in the order.
(Amended by Act 5 of
1931.)
Court
may place convicted offender on
probation.
199.
A recognizance ordered to be entered into under section
198
shall if the Court so order contain a condition that the offender be under the
supervision of such person as may be named in the
order during the period
specified in the order and such other conditions as to residence, abstention
from alcoholic liquors and for
securing such supervision as may be specified in
the order and such order is referred to in this Act as a probation
order.
Probation
order to be in
writing.
200.
The Court by which a probation order is made shall furnish to the offender a
notice in writing stating in simple terms the conditions
he is required to
observe.
----------------------------------------
THE SCHEDULE
FORM
ORDER
COMMITTING CORPORATION FOR
TRIAL
CRIMINAL
OFFENCES ACT,
Section 43
Magistrate's Court, District of ...................................
Date:
Accused
corporation:
Registered
office:
Alleged offence:
(short particulars and Act)
The accused corporation was today charged before the above Court with the above offence and the Court having inquired into the offence and determined to commit the accused corporation for trial at the Supreme Court at
Order:
You, (name), as prosecutor are hereby empowered to prefer a bill of indictment in respect of the offence at the Supreme Court.
............................................................................
Magistrate
for the above mentioned
District
(Signature and
Seal)
----------------------------------------
CHAPTER
18
SUBSIDIARY
LEGISLATION
SECTION
39-Criminal Offences (Sentence of Death) Regulations
Made by the Queen in Council on 24th June, 1955
G. S. 143/55
Short
title.
1.
Regulations may be cited as the Criminal Offences (Sentence of Death)
Regulations.
Direction
of Minister of
Police.
2.
The execution of all sentences of death shall be under the direction of the
Minister of Police (hereinafter referred to as "the
Minister") who shall issue
such orders and give such directions as to him shall seem
proper.
3.
After the King with the consent of the Privy Council has signified assent to any
sentence of death the Privy Council shall so inform
the Minister in writing and
the Minister shall then forthwith take all necessary steps to carry out the said
sentence with the minimum
of
delay.
Place of
execution.
4.
All. sentences of death will be carried into execution at the gaol in the
district which the offender was sentenced or at such other
gaol as the Minister
may in his discretion
direct.
Time of
execution.
5.
All sentences of death shall be executed at eight o'clock on the morning of any
week day except Monday unless for any special reason
the Minister shall deem it
necessary for the execution to take place at any other time or on an other day.
In such a case the Minister
shall as soon as possible after the execution has
taken place inform the Privy Council in writing of the day and time of the
execution
and the reason for departing from the ordinary
rule.
Machinery.
6.
The provision and erection of the machinery necessary for carrying the execution
into effect shall be undertaken by the Department
of Public Works in
consultation with the Minister. Care shall be taken that the execution is not
open to the view of other prisoners
or members of the
public.
7.
After the execution has been carried out the said machinery shall be dismantled
by the Department and stored in such place as the
Minister may
direct.
8.
In the construction erecting, dismantling and storing of the said machinery the
Minister shall act in consultation with the Director
of
Works.
Minister
to inform
gaoler.
9.
As soon as the Minister is satisfied that all the necessary preparations for
carrying the sentence into effect have been properly
completed he shall notify
the gaoler in charge of the gaol in writing of the day on, and the time at which
the execution shall take
place.
Duty of
gaoler.
10.
It is the duty of the said gaoler, subject to any directions of the Minister, to
see that the execution is properly carried
out.
Minister
to
notify.
11.
The Minister shall give at least 24 hours written notice of the place, date and
time fixed for the execution, to the Magistrate
for the district, to the
Director of Health and to the Head of the religious denomination to which the
offender belongs, informing
him that the offender is a member of his Church and
has or has not (as the case may be) expressed a wish that a minister of the
Church
be present at the
execution.
Who
may be present at
execution.
12.
The following persons only shall be present and witness the
execution-
(a) the Minister or such person or persons as he may appoint to represent him;
(b) the Director of Health or such other medical officer as he shall appoint;
(c) the Gaoler and such other prison officials as the Minister may direct;
(d) such Minister of Religion of the denomination of which the offender is a member as may be nominated by the Head of such denomination;
(e) any Police Officer so directed by the Minister.
Order
at
prison.
13.
On the day fixed for the execution the gaoler may give such directions as to the
movements of prisoners within the prison and the
admission of members of the
public within the prison walls as to him seem necessary and
proper.
Inquest.
14.
On receipt of the notification referred to in regulation 11 hereof the
Magistrate for the district shall take all necessary steps
for the holding of
the inquest in accordance with section
37
of the Criminal Offences
Act.
How
offender to be
handled.
15.
Before execution the offender shall be pinioned and blindfolded in accordance
with the directions of the
Minister.
Indications
of
execution.
16.
Immediately the execution has taken place the prison chapel bell shall be tolled
as for a funeral and the flag at the prison gates
shall be lowered to half mast
and flown in this position until sunset that
day.
Burial.
17.
The body of the offender shall be buried within the prison walls of the prison
in which the execution has taken place in such place
as the Minister shall
direct. This regulation shall be deemed an appointment of the place of burial in
accordance with section
38
of the Criminal Offences Act.
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URL: http://www.paclii.org/to/legis/consol_act/co136