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(2) Sub-sections (1) (e) and (f) do not apply to engagement in conduct by way of, or for the purposes of, the
provision of aid of a humanitarian nature.
(3)
Sub-section (1) (h) does not apply to formation of an intention to engage in conduct that—
(a)
(b)
is referred to in sub-section (1) (e) or (f); and
is by way of, or for the purposes of, the provision of aid of a humanitarian nature.
(4) A person commits an indictable offence if the person—
(a)
(b)
receives or assists another person who, to his or her knowledge, has committed treason with the
intention of allowing him or her to escape punishment or apprehension; or
knowing that another person intends to commit treason, does not inform the President, the Prime
Minister or a judge, magistrate or police officer of it within a reasonable time, or use other reasonable
endeavours to prevent the commission of the offence.
Penalty — Imprisonment for life.
(5) On the trial of a person charged with treason on the ground that he or she formed an intention to do an act
referred to in sub-section (1)(a), (b), (c), (d), (e), (f) or (g) and manifested that intention by an overt act, evidence of
the overt act is not to be admitted unless the overt act is alleged in the information.
Urging political violence or inciting communal antagonism
65.—(1) A person commits an indictable offence (which is triable summarily) if the person intentionally urges
another person to overthrow by force or violence—
(a)
(b)
(c)
the Constitution of Fiji; or
the Government of Fiji; or
the lawful authority of the Government of Fiji.
Penalty — Imprisonment for 15 years.
(2) A person commits an indictable offence (which is triable summarily) if the person by any communication
whatsoever including electronic communication, or by signs or by visible representation intended by the person to
be read or heard—
(a)
makes any statement or spreads any report which is likely to—
(i) incite dislike or hatred or antagonism of any community; or
(ii) promote feelings of enmity or ill-will between different communities, religious groups or
classes of the community; or
(iii) otherwise prejudices the public peace by creating feelings of communal antagonism; or
(b)
makes any intimidating or threatening statement in relation to a community or religious group other
than the person's own which is likely to arouse fear, alarm, or insecurity amongst members of that
community or religious group
Penalty — Imprisonment for 10 years.
(3)
Recklessness applies to the element of the offence under sub-section (1) that it is—
(a)
(b)
(c)
the Constitution; or
the Government of Fiji; or
the lawful authority of the Government of Fiji—
that the first‑mentioned person urges the other person to overthrow.
(4) For a person to be guilty of an offence under this section the person must intend that the force or violence
urged will occur.