2 1 ARTICLE 128. LIBELS ON FOREIGN POWERS. [Every one is guilty of a misdemeanor who publishes any libel tending to degrade, revile, or expose to hatred and contempt any foreign prince or potentate, ambassador or other foreign dignitary, with intent to disturb peace and friendship between the United Kingdom and the country to which any such person belongs. The word "publish" is used here in the same sense as in Article 343, and the word "libel" in the second of the two senses specified in Article 340. (SUBMITTED.) Nothing is an offence against this Article which is a fair criticism on a matter of public interest as defined in Article 347. 4 3 ARTICLE 129. INTERFERENCE IN FOREIGN HOSTILITIES. Every one commits a misdemeanor, and is liable to fine and imprisonment, with or without hard labour, or either of such punishments, at the discretion of the Court, who does any of the following acts without the 1 S. D. Art. 99. 2 [R. v. D'Eon, 1 W. Bl. 510; R. v. Lord G. Gordon, 22 St. Tr. 213-233. (This was the case of a libel on Marie Antoinette seven years after the defendant's acquittal for high treason.) R. v. Vint (1801.) Vint wrote of the Emperor Paul," The Emperor of Russia is rendering himself obnoxious to his subjects by various acts of tyranny, and ridiculous in the eyes of Europe by his inconsistency." Starkie (by Folkard), 669. R. v. Peltier, 28 State Trials, 589; 6th Rep. C. L. Com. Art. 50, p. 34. Draft Code, s. 104.] 3S. D. Art. 100; the Act on which this article is founded extends to all Her Majesty's dominions, including adjacent territorial waters (s. 2) but is to be brought into operation in any British possession by proclamation of the Governor thereof, which he is to issue as soon as may be after he receives notice of the Act (s. 3). The Act and the letter of the Secretary of State for the Colonies forwarding copies of it, were published in the Royal Gazette (1870-71, p. 204) but I am not aware that any proclamation of the Governor General in the usual sense of that word has ever been published putting this Act in force in Canada. 59 Geo. 3, c. 69, repealed by 33 & 34 Vict. c. 90, s. 31, was held to be in force in Upper Canada in R. v. Schram, 14 U. C. C. P. 318. See The Atalaya, 6 Q. L. R. 174. 433 & 34 Vict. c. 90 (redrawn). As to the history of this offence, see 3 Hist. Cr. Law, 257-62. 5 Sect. 15.] [license of Her Majesty under her sign manual, or signified by Order in Council, or by proclamation, that is to say— (a.) 1 who, within the limits of Her Majesty's dominions, prepares or fits out any naval or military expedition to proceed against the dominions of any 2 friendly state, or is engaged in such preparation or fitting-out, or assists therein, or is employed in any capacity in such expedition; or (b.) 3 who, being a British subject, within or without Her Majesty's dominions, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state, or, whether a British subject or not, within Her Majesty's dominions, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign state as aforesaid; or 4 (c.) who, being a British subject, quits or goes on board any ship with a view of quitting Her Majesty's dominions, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or, whether a British subject or not, within Her Majesty's dominions, induces any other person to quit or to go on board any ship with a view of quitting Her Majesty's dominions with the like intent; or 5 (d.) who, being the master or owner of any ship, knowingly either takes on board, or engages to take on board, or has on board such ship within Her Majesty's dominions any illegally enlisted person as defined in Article 130; or 1 Sect. 11. The purchase of guns and ammunition and their shipment for the purpose of being put on board a ship in a foreign port with a knowledge of the purchaser and shipper that they are to be used in a hostile demonstration against a friendly state is a fitting out of an expedition within the statute; R. v. Sandoval, 16 Cox, C. C. 206. ["Friendly state" means "any foreign state at peace with Her Majesty (sect. 4)." 3 33 & 34 Vict. c. 90, s. 4. 4 Sect. 5. 5 Sect. 7.] 1 [(e.) who, within Her Majesty's dominions, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with any friendly state, builds, agrees to build, causes to be built, equips, despatches, or causes or allows to be despatched, any ship, or issues or delivers any commission for any ship; Provided that a person building, causing to be built, or equipping a ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, is not liable to any of the penalties specified in this Article in respect of such building or equipping (i) if forthwith upon a proclamation of neutrality being issued by Her Majesty he gives notice to the Secretary of State that he is so building, causing to be built, or equipping such ship, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the Secretary of State; and (ii) if he gives such security, and takes and permits to be taken such other measures, if any, as the Secretary of State may prescribe for ensuring that such ship shall not be despatched, delivered, or removed without the license of Her Majesty until the termination of such war as aforesaid. 2 ARTICLE 130. SHIPS, ETC., REFERRED TO IN ARTICLE 129 TO BE 3 All ships and their equipments used in or forming part of any such expedition as is mentioned in Article 129 (a.), or in respect of which is committed any of the 1 [Sect. 8 (redrawn)]. 2 S. D. Art. 101. [See section referred to in the Article mentioned.] H [offences defined in Article 129 (e), and all arms and munitions of war used in forming part of any such expedition as is mentioned in Article 129 (a.), are forfeited to Her Majesty. The expression "illegally enlisted person" in Article 129 (d.) means— (i.) any person who, being a British subject, within or without the dominions of Her Majesty, has, without the license of Her Majesty, accepted or agreed to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state; (ii.) any person, being a British subject, who, without the license of Her Majesty, is about to quit Her Majesty's dominions with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state; (iii.) any person who has been induced to embark under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state. Every ship referred to in Article 129 (d.) is to be detained until the trial and conviction or acquittal of the master or owner, and until all penalties inflicted on the master or owner have been paid, or the master or owner has given security for the payment of such penalties to the satisfaction of two justices of the peace, or other magistrate or magistrates having the authority of two justices of the peace; and All illegally enlisted persons must, immediately on the discovery of the offence, be taken on shore, and must not be allowed to return to the ship. ARTICLE 131. INCREASING FORCE OF SHIPS FOR FOREIGN BELLIGERENTS, AND PROCURING ENLISTMENT BY MISREPRESENTATION. [Every one is guilty of a misdemeanor, and is liable] to fine and imprisonment with or without hard labor, or to either of such punishments at the discretion of the court, [who 2 (a.) within the dominions of Her Majesty, and without such licence as is mentioned in Article 129, by adding to the number of the guns, or by changing those on board for other guns, or by the addition of any equipment for war, increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or augmenting, the warlike force of any ship which at the time of her being within the dominions of Her Majesty was a ship in the military or naval service of any foreign state at war with any friendly state; or (b.) 3 who induces any other person to quit Her Majesty's dominions, or to embark on any ship within Her Majesty's dominions, under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state. 4 ARTICLE 132. PRESUMPTION OF KNOWLEDGE OF PURPOSE FOR WHICH SHIP IS BUILT. Where any ship is built by order of or on behalf of any foreign state when at war with a friendly state, or is S. D. Art. 102. 233 & 34 Vict. c. 90, s. 10. 3 Sect. 6. 4 S. D. Art. 103. 533 & 34 Vict. c. 90, s. 9. |