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Hawaiian Kingdom Penal Code


CHAPTER VI.

 

TREASON.

 

CONTENTS.

 

SECTION 1.  Treason defined.

2.   Allegiance.

3.   Local allegiance.

4.   Ambassadors and others.

5.   An overt act is requisite to levying war.

6.   The war must be levied for the dethroning or destruction of the King, or for some general purpose.

7.   An accessory before the fact.

8.   The testimony of two witnesses requisite to convict of treason.

9.   Punishment.

10. Punishment for concealing knowledge of the commission of treason.

 

1. Treason is hereby defined to be any plotting or attempt to dethrone or destroy the King, or the levying of war against the King’s government, or the adhering to the enemies thereof giving them aid and comfort, the same being done by a person owing allegiance to this kingdom.

 

2. Allegiance is the obedience and fidelity due to the kingdom from those under its protection.

 

3. An alien, whether his native country be at war or at peace with this kingdom, owes allegiance to this kingdom during his residence therein, and during such residence, is capable of committing treason against this kingdom.

 

4. Ambassadors and other ministers of foreign states, and their alien secretaries, servants and members of their families1 do not owe allegiance to this kingdom, though resident therein, and are not capable of committing treason against this kingdom.

 

5. To constitute the levying of war, contemplated in the first section of this chapter, it shall be requisite that the persons concerned therein be parties to some overt act, in or towards procuring, preparing or using force, or putting themselves in a condition in readiness to use force, either by being present at such overt act, or by promoting, aiding in, or being otherwise accessory before the fact to the same.

 

6. In order to constitute the levying of war, the force must be employed or intended to be employed for the dethroning or destruction of the King or in contravention of the laws, or in opposition to the authority of the King’s government, with an intent or for an object affecting some of the branches or departments of said government generally, or affecting the enactment, repeal or enforcement of laws in general, or of some general law; or affecting the people, or the public tranquility generally; in distinction from some special intent or object affecting individuals other than the King, or a particular district.

 

7.  An accessory before the fact to treason is guilty of treason, and shall be subject to prosecution, trial and punishment therefor, thought the principals more directly concerned have not been convicted, or are not amenable to justice.

 

8. No person shall be convicted of treason but by the testimony of two or more lawful witnesses to the same overt act of treason whereof he stands charged, unless he shall in open court, confess such treason.

 

9. Whoever shall commit the crime of treason, shall suffer the punishment of death; and all his property shall be confiscated to the government.

 

10.  If any person who shall have knowledge of the commission of treason against this kingdom, shall conceal the same, and shall not, as soon as may be, disclose and make known such treason to the Governor of the island on which he resides, he is guilty of a great crime, and shall be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor not exceeding ten years, in the discretion of the court.





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