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Disturbance of the Public Peace Act

Commencement: 6 November 1944

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 19

DISTURBANCE OF THE PUBLIC PEACE

JR 22 of 1944
JR 2 of 1947
JR 11 of 1976

ARRANGEMENT OF SECTIONS

SECTION

1. Disturbance of public peace
2. Seizure of goods etc.
3. Incitement
4. Escape from custody
5. Warden aiding and abetting escape by prisoner
6. Obstructing police
7. Failure to appear when summoned
8. Execution of Act
   

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DISTURBANCE OF THE PUBLIC PEACE

To repress acts of a nature to disturb the public peace.

DISTURBANCE OF PUBLIC PEACE

1. Any person found guilty of having, by acts, words or writing, given rise to, or attempted to give rise to a seditious movement, or of having wilfully disturbed or attempted to disturb the public peace shall be punished with imprisonment not exceeding 10 years and a fine not exceeding VT30,000, or by one or other of these penalties.
   

SEIZURE OF GOODS ETC.

2. (1) Any police or customs officer may, if he has grounds for suspecting that any article, goods, vehicle, vessel or aircraft is being used or is intended for use in the promotion or furtherance of any movement to which section 1 applies seize the same, regardless of the ownership thereof or in whose possession it may be found.
   

(2) Such officer shall thereupon prepare a written report for consideration by the Public Prosecutor who may, if he is satisfied that the article, goods, vehicle, vessel or aircraft seized by the officer was at the time of seizure being used or intended to be used for the promotion or furtherance of any movement to which section 1 applies, apply to the court for the forfeiture of such article, goods, vehicle, vessel, or aircraft, and for their disposal or destruction.

INCITEMENT

3. (1) Any person who shall incite another person to commit a crime or offence shall be punished, if the crime or offence is not carried into effect, with imprisonment not exceeding 6 months and a fine not exceeding VT15,000 or by one or other of these penalties.
   

(2) If the crime or offence is carried into effect the person guilty of incitement shall be punished by the same penalties as the principal offender.

ESCAPE FROM CUSTODY

4. (1) Any person who shall escape or attempt to escape from a prison or any place where he is lawfully confined or who after having been arrested on the charge of having committed a crime or offence shall take to flight, or shall try to take to flight by eluding the custody of the officer in whose charge he is shall be punished with imprisonment not exceeding 6 months and a fine not exceeding VT15,000 or one or other of these penalties.
   

(2) If the escape or flight is accompanied by breach of prison or violence or assault upon wardens the penalties incurred shall be double the above named penalties.

(3) In such cases the sentence shall be carried into effect immediately after the expiry of the sentences which have been incurred for the crime or offence on account of which the said person has been arrested, or immediately after the order or judgment acquitting him or absolving him from the said crime or offence, without prejudice to the higher penalties to which he may be liable for other crimes committed in the course of his acts of violence.

WARDEN AIDING AND ABETTING ESCAPE BY PRISONER

5. Any prison warden who aids, abets, connives at or negligently allows the escape of a prisoner shall be punishable by imprisonment not exceeding 1 year or a fine not exceeding VT15,000 or both.
   

OBSTRUCTING POLICE

6. Any person who shall obstruct, molest or assault any police officer in the performance of his public duties shall be punishable with imprisonment not exceeding 2 years or a fine not exceeding VT30,000 or both.
   

FAILURE TO APPEAR WHEN SUMMONED

7. Any person who shall not, without valid excuse, appear when lawfully summoned by a Minister, any administrative officer assisting a Minister in his duties or any District Commissioner, Commissioner of Police or Labour Inspector, shall be liable to imprisonment not exceeding 10 days and to a fine not exceeding VT10,000 or to one or other of these penalties.
   

EXECUTION OF ACT

8. The District Commissioner, the Commissioner of Police and all other officers authorised thereto are charged with the execution of the present Act.
   

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