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Prohibited Publications Act

LAWS OF TONGA

1988 Revised Edition]

CHAPTER 54

PROHIBITED PUBLICATIONS ACT

Arrangement of Sections

Section
1 Short title.
2 Interpretation.
3 Importation of certain publications may be prohibited.
4 Unlawful acts concerning prohibition publications.
5 Exceptions.
6 Powers of search and arrest.
7 Addressee to be present on search.
8 Police to prosecute.

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PROHIBITED PUBLICATIONS ACT

Acts Nos. 2 of 1960, 20 of 1966, 34 of 1988.

AN ACT TO RESTRICT THE IMPORTATION OF CERTAIN PUBLICATIONS

Commencement [19th October, 1960]

1 Short title.

This Act may be cited as the Prohibited Publications Act.

2 Interpretation.

For the purpose of this Act, the following definitions shall have effect where applicable:

"import" shall include:

(a) bring into the Kingdom; and

(b) bring within the island waters of the Kingdom whether or not the publication is brought ashore, and whether or not there is intention to bring the same ashore;

"prohibited publications" means any publication prohibited in pursuance of an order made under this Act;

"publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape or in any manner capable of suggesting words or ideas, and every copy and reproduction of any publication.

3 Importation of certain publications may be prohibited.

(1) If His Majesty in Council is of the opinion that the importation of any publication is contrary to the public interest, he may prohibit the importation of such publication.

(2) In the case of a publication to which subsection (1) applies and which is issued periodically, or in parts or numbers at intervals, whether regular or irregular, His Majesty in Council may prohibit the importation of any part or future issue thereof.

Prohibition shall be notified by Order in Council.

4 Unlawful acts concerning prohibition publications.

(1) It shall be unlawful for any person:

(a) to import,

(b) to publish,

(c) to sell or offer for sale,

(d) to distribute,

(e) to copy or reproduce, or

(f) to have in his possession,

any prohibited publication, or any part thereof, or any of the material contained therein.

(2) Any person who is guilty of any of the above mentioned acts shall be liable upon summary conviction in the Magistrate's Court to a fine not exceeding $500 or to imprisonment for any period not exceeding 2 years. (Amended by Act 34 of 1988.)

5 Exceptions.

(1) Nothing in section 4 shall apply to any person to whom the following provisions apply:

(a) Any person to whom a prohibited publication, or a part of a prohibited publication or any extract of any of the material contained in a prohibited publication shall be sent without his knowledge or consent, or in response to a request made before the publication concerned was prohibited;

(b) Any person who has in his possession a prohibited publication or a part of a prohibited publication or any extract of any of the material contained in a prohibited publication at the time of prohibition.

(2) In either of the above cases this protection will only apply where the person concerned within 24 hours delivers the same to the officer in charge of the nearest Police Station or to the Collector of Customs.

6 Powers of search and arrest.

(1) The Controller of Customs, the Minister of Police, the Chief Postmaster, or any officer authorized in writing by any one of them or by the Prime Minister may detain, open and examine anything which he suspects on reasonable grounds to contain any prohibited publication or any part of or extract from any prohibited publication and any such officer shall take possession of any prohibited publication or any part of or extract from any prohibited publication found by him.

(2) Any publication, part or extract so taken possession of shall be retained in safe custody by the officer taking possession of same and shall be produced in evidence at the hearing of any prosecution and the Court shall make an order for its destruction or disposal:

Provided that where no Court proceedings are taken any publication part or extract shall be disposed of as directed by Cabinet.

(3) For the purposes of this section, the Minister of Police or a member of the Police Force duly authorized by him:

(a) may search and detain for the purposes of such search without warrant any person whom he has reasonable grounds to believe has in his possession or control any prohibited publication or any part of or extract from a prohibited publication;

(b) may search without warrant any ship or premises in which any prohibited publication or any part of or extract from any prohibited publication is reasonably suspected to be.

7 Addressee to be present on search.

(1) Subject to the provisions of subsection (2) of this section, a person authorized under section 6(1) of this Act to open and examine anything which he suspects on reasonable grounds to contain any prohibited publication, shall not open any letter, package, parcel or any container except in the presence of the person, or the authorized agent of the person, to whom the letter, package, parcel or any container is addressed.

(2) The Controller of Customs shall, by writing addressed to the addressee of any such letter, package, parcel or any container mentioned in subsection (1) of this section at his last known place of abode, require him to be present at a place and time therein specified (such time to be not less than 7 clear days after the despatch of such writing) at which the letter, package, parcel, or other container is to be opened either by himself or his authorized agent and, if neither the addressee nor his authorized agent attends at such place and time, the Controller of Customs may proceed as he otherwise may do in the presence of the addressee. (Substituted by Act 20 of 1966).

8 Police to prosecute.

All prosecutions under this Act shall be instituted by the Police.

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