Heavy penalties proposed under revised Racial Hostility law
-- offences on film, tape to be covered
Guyana Chronicle
August 4, 2002

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THE Government yesterday announced that it is proposing law changes to cover heavy penalties under the Racial Hostility Act and to broaden the scope so that anyone who commits an offence by publication on film, photographic negative, or tape may be found guilty.

A Government statement said President Bharrat Jagdeo yesterday convened an extraordinary session of Cabinet to consider, among other things, proposed amendments to several pieces of legislation.

These included:
a. Racial Hostility Act; b. Criminal Law (Offences) Act; c. Evidence Act
d. Prevention of Crimes Act
The statement said the draft amendment to the Racial Hostility Act proposes to "substantially increase the penalties for offences committed under the Act."

It also widens the definition of "record" to include any film, negative, tape or other device so that a person who commits an offence under the Act by publication in any film, negative or tape may be found guilty.

The proposed amendment also provides for a person who suffers damage of the type contemplated by the Act to proceed to enforce his or her right in the civil jurisdiction in any court, the statement said.

It added that the draft amendment to the Criminal Law (Offences) Act is intended to serve as a deterrent to those who are inclined to commit acts of violence, including destruction of property.

The draft amendment to the Evidence Act proposes to add disc, tape, sound track or other device in which sound or data are embodied, any film, negative, tape or such other device as admissible evidence in a Court, the Government said.

It said the general thrust of the new provision is to provide for the admissibility of documents produced by computers.

The proposed amendment to the Prevention of Crimes Act seeks to introduce legislation that allows for Guyanese convicted of certain offences in a foreign state and who are deported to Guyana to be effectively monitored by the Police, it said.

The statement said the amendment also proposes to make it possible for certain classes of deportees to Guyana and even persons who have elected to return to Guyana in lieu of deportation to be subjected to police supervision.

"These proposed amendments are consistent with the policy of the Administration to ensure that adequate legislation is in place to further support the law enforcement agencies' efforts to maintain law and order and effectively fight crime", the Government said.

It assured that no citizen's right or freedom enshrined in the Constitution of Guyana will, in any way, be infringed by the proposed amendments.

"Cabinet has mandated the Attorney General to commence a consultation process with various groups, including the Judiciary, the Director of Public Prosecution Chambers, the Guyana Bar Association and members of the Private Bar on the proposed amendments before they are tabled in Parliament", the statement said.

It said the extraordinary session of Cabinet yesterday also reviewed the pace of implementation of major projects and other developmental initiatives by sector ministries as contained in the 2002 National Budget.