Public Order Act · 2021 Revised Edition · Part 2
33. Possession of subversive articles
Official textFrom Attorney General's Chambers, unchanged
Any person who without lawful excuse carries or has in his possession or under his control any subversive article is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 15 years.
subversive article
"subversive article" means any article which contains any subversive matter and any article purporting to be a subversive article shall be presumed to be a subversive article until the contrary is proved.
[S 2l/2018]
Any person or any office bearer of any association or any responsible member or agent of any organisation who receives any subversive article shall deliver the same without delay to a police officer; and any person, office bearer, member or agent who fails to do so, or who, unless authorised so to do by a police officer not below the rank of superintendent
Public Order
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of police. communicate the contents of such article to any other person, or
article
"article" means any description of article containing or embodying matter to be read or looked at or both, any sound record, and any film, video cassette, photographic negative or other record of a picture;
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publishes or otherwise disseminates or causes to be published or otherwise disseminated the contents of any such article is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 15 years.
[S 2 1/20 181
Where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a subversive article, he is deemed to have known the contents and the nature of the contents of such article:
Provided that no person shall be convicted of an offence against this section if he proves to the satisfaction of the court that -
he was not aware of the contents and the nature of the contents of the subversive article which he was carrying or had in his possession or under his control: and
he was carrying or had the subversive article in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that such article was a subversive article.
Terms defined in s 2
article
Defined · s 2"article" means any description of article containing or embodying matter to be read or looked at or both, any sound record, and any film, video cassette, photographic negative or other record of a picture;
subversive article
Defined · s 2"subversive article" means any article which contains any subversive matter and any article purporting to be a subversive article shall be presumed to be a subversive article until the contrary is proved.