PENAL CODE (AMENDMENT) BILL

Considered in Committee.

[Mr Speaker in the Chair]

Clause 1 ordered to stand part of the Bill.

Clause 2 -

Question proposed, "That clause 2 stand part of the Bill."

Mr Lee Kuan Yew: Mr Chairman, Sir, this clause was discussed at the last sitting of this Assembly, and I had then pointed out the incongruity of putting it in that particular section of the Penal Code. However, I see the draftsmen chose to leave it where they had put it. I wish now to point out that the clause, as it stands, combines weighty and trivial matters. It reads:

"Whoever makes, prints, possesses, posts, distributes or has under his control any document containing any incitement to violence or counselling disobedience to the law or to any lawful order of a public servant or likely to lead to any breach of the peace shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both."

Mr Chairman, Sir, we have there "incitement to violence or counselling disobedience to the law or to any lawful order", and something which is "likely to lead to a breach of the peace", usually dealt with under the Minor Offences Ordinance - I think one should not put them together in one clause with the same punishment. I am sure the Hon. the Chief Minister, as a criminal lawyer, would find a lot to say about a clause which combines the serious and the trivial in this way, and I move -

The Chairman: Too late, Mr Lee Kuan Yew.

Mr Lee Kuan Yew: Too late, Mr Chairman, Sir? As you please, Sir. As it stands, it is a ridiculous combination of serious and trivial matters.

Question put, and agreed to.

Clause ordered to stand part of the Bill.

Bill reported, without Amendment.

Third Reading

Mr Speaker: Third Reading, what day?

Mr Butterfield: Now, Sir. I beg to move, Sir, "That the Bill be now read the Third time."

Question put, and agreed to.

Bill accordingly read the Third time.