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Report No. 43

7.69. Section 6(1), opening paragraph word 'other' to be omitted.-

In the opening paragraph of section 6(1), the purpose is described as one of gaining admission to a prohibited place, (or of assisting another person to do so), or "any other purpose prejudicial to the safety of the State". The word 'other' is not correctly used in this context. It implies that the purpose mentioned earlier in the paragraph, namely, the "purpose of gaining admission or of assisting any other person to gain admission to a prohibited place", is necessarily one prejudicial to the safety of the State.

But that view would conflict with the opening line of section 3(1). Section 3(1) (so far as is relevant) punishes a person, who, "for any purpose prejudicial to the safety or interests of the State", approaches etc., a prohibited place. If gaining admission to a prohibited place necessarily and in all cases indicative of a purpose prejudicial to safety of the State, then there was no need to mention that purpose in the opening paragraph of section 3(1).

Hence the word 'other' is misleading in the opening paragraph of section 6(1), and should be omitted.



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