Penal Code
159
likely to prejudice the maintenance of harmony or unity, between
persons or groups of persons professing that religion or different
religions.
(5) Where any person who is not a religious official appointed,
or a religious authority established, constituted or appointed, by
or under any written law purports to exercise any power, or to
discharge any duty, or to perform any function, of a religious
character, being a power, duty or function which can be lawfully
exercised, discharged or performed only by a religious official
appointed, or a religious authority established, constituted or
appointed, by or under any written law, he shall be presumed to
have contravened the provisions of subsection (1) by having acted
in a manner likely to cause disharmony, disunity or feelings of
enmity, hatred or ill will, or likely to prejudice the maintenance
of harmony or unity, between persons or groups of persons
professing the same or different religions.
(6) The foregoing provisions of this section shall not apply
to—
(a)
anything done by any religious authority established,
constituted or appointed by or under any written law and
conferred by written law with power to give or issue
any ruling or decision on any matter pertaining to the
religion in respect of which the authority is established,
constituted or appointed; or
(b)
anything done by any person which is in pursuance of,
or which accords with, any ruling or decision given
or issued by such religious authority, whether or not
such ruling or decision is in writing, and if in writing,
whether or not it is published in the Gazette.
(7) It shall not be a defence to any charge under this section
to assert that what the offender is charged with doing was done
in any honest belief in, or in any honest interpretation of, any
precept, tenet or teaching of any religion.
(8) If in any proceedings under this section any question arises
with regard to the interpretation of any aspect of, or any matter in
relation to, any religion, the Court shall accept the interpretation
given by any religious authority referred to in subsection (6),
being a religious authority in respect of that religion.
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