1056
(2) This section does not apply to engagement in conduct by way of, or for the purposes of, the provision of
aid of a humanitarian nature.
Urging a person to assist those engaged in armed hostilities
69.—(1) A person commits a summary offence if—
(a)
(b)
(c)
the person urges another person to engage in conduct; and
the first‑mentioned person intends the conduct to assist an organisation or country; and
the organisation or country is engaged in armed hostilities against the Fiji Military Force.
Penalty — Imprisonment for 7 years.
(2) This section does not apply to engagement in conduct by way of, or for the purposes of, the provision of
aid of a humanitarian nature.
Determination of certain elements of offences under this Part
70.—(1) For the purposes of determining whether a person has intended that force or violence shall occur in
the context of an offence under this Part, or intended to materially assist an enemy, organisation or group in relation
to an offence under this Part, the court shall have regard to the context in which the conduct occurred, including
whether the person’s conduct was done—
(a)
in good faith to show that any of the following persons are mistaken in any of his or her counsels,
policies or actions—
(i) the President;
(ii) the Prime Minister;
(iii) an adviser of either of the above;
(iv) a person responsible for the government of another country; or
(b)
to point out in good faith errors or defects in the following, with a view to reforming those errors or
defects—
(i) the Government of Fiji;
(ii) the Constitution of Fiji;
(iii) legislation of Fiji or another country;
(iv) the administration of justice of or in Fiji, or another country; or
(c)
to urge in good faith another person to attempt to lawfully procure a change to any matter established
by law, policy or practice in Fiji or another country; or
to point out in good faith any matters that are producing, or have a tendency to produce, feelings of
ill‑will or hostility between different groups, in order to bring about the removal of those matters;
or
to do anything in good faith in connection with an industrial dispute or an industrial matter; or
to publish in good faith a report or commentary about a matter of public interest.
(d)
(e)
(f)
(2) In considering matters under sub-section (1), the Court may have regard to any relevant matter, including
whether the acts were done—
(a)
(b)
(c)
(d)
for a purpose intended to be prejudicial to the safety or defence of Fiji; or
with the intention of assisting an enemy at war with Fiji;
with the intention of assisting another country, or an organisation, that is engaged in armed hostilities
against the Fiji Military Force; or
with the intention of causing violence or creating public disorder or a public disturbance.
Extended jurisdiction for offences against this Part
71. A person commits an offence against all sections of this Part—
(a)
(b)
whether or not the conduct constituting the alleged offence occurs in Fiji; and
whether or not a result of the conduct constituting the alleged offence occurs in Fiji.