§ 54. Mr. DINGLE FOOTasked the Secretary of State for the Colonies whether he was asked to approve of or advise upon the Criminal Code (Amendment) Ordinance, 1934, which received the assent of the governor of the Gold Coast Colony on 31st March, 1934; and, in particular, whether his approval was given to Section 4 (2) (e) of the said Ordinance, which provides that any person who, being found in possesison of any newspaper, book, or document, or any part thereof or extract therefrom, containing seditious words or writing, does not prove to the satisfaction of the court that at the time he was found in such possession he did not know the nature of its contents, shall be liable to imprisonment for one year or to a fine not exceeding £50?
§ The SECRETARY of STATE for the COLONIES (Sir Philip Cunliffe-Lister)The draft of this Ordinance was submitted to me in the first instance and my approval was given for its introduction into the Legislative Council of the Gold Coast. Subsequently, the Ordinance, as passed, formed one of the topics discussed with the Gold Coast, and Ashanti Delegation which was received by me last summer. The Ordinance had my full approval. The hon. Member will observe that Sub-section (9) of the Section to which he refers provides that no proceedings may be instituted under that Section without the written consent of the Attorney-General.
§ Mr. FOOTDoes not the right hon. Gentleman think that it ought to be necessary, in a serious charge of this kind, for the prosecution to prove not only possession but also criminal intent? Further, can he point to any British Statute which enacts legislation of this kind?
§ Sir P. CUNLIFFE-LISTERThe Act is an exact counterpart of legislation, perhaps of a rather more stringent kind, that has been in operation in Nigeria since 1927, against which there has never been any objection or criticism whatever.
§ Miss RATHBONEWill the right hon. Gentleman say whether there is any evidence of serious sedition in the Gold Coast or Nigeria which makes such drastic restrictions on the liberty of the Press necessary?
§ Sir P. CUNLIFFE-LISTERIf the hon. Lady had seen, as I have seen, the filthy, blasphemous and seditious stuff which has been imported into that country, I am sure that she would join with me in taking whatever steps are necessary to prevent its circulation.
§ Mr. FOOTWill the right hon. Gentleman reply to the first part of my question, as to whether it ought not to be necessary for the prosecution not only to prove possession of literature of this kind but also criminal intent?