Tuesday, March 6, 2012

PP v Tee Tean Siong

Salam..
I just wanna share this one interesting case about "porno film" conviction. Perhaps no one ever heard about this case before, same goes to me until we have to do criminal class tutorial question about "joint liability" in crime. For me it's kinda interesting case, since we r often dealt with the same issue nowadays = pornography... so..enjoy...n hope you can gain something out of it...tq


[1963] 1 MLJ 201

PUBLIC PROSECUTOR v TEE TEAN SIONG & 8 ORS

   RCRJ KOTA BHARU
HASHIM J
CRIMINAL REVISION NO 1 OF 1963
13 April 1963

Penal Code, ss 109 and 292(a) -- Whether attendances at a show of "blue films" amounts to exhibition -- Whether there is "publication"

Undesirable Publications Ordinance, 1949 -- Whether charge should have been properly under -- Whether there is publication

Theatres and Places of Public Amusement Enactment, 1936, s 3 -- Charge -- Whether would lie against operator or exhibitor

The nine accused were arrested when they were trying to escape from premises that were being raided. The raiding police party found a projector and 4 reels of films and the accused were charged under sections 109 and 292(a) of the Penal Code. The learned Magistrate after being satisfied as to the obscenity of these films convicted all of them under sections 109 and 292(a) of the Penal Code. On revision,

Held: in the absence of other evidence mere attendance at a show where "blue films" are exhibited does not amount to abetment of the offence of exhibition under section 292(a) of the Penal Code.
Observations on section 24 of the Cinematograph Ordinance.

No comments: