Under our Law (Section 55) the crime can be committed by actually killing the King or the heir presumptive to the throne, or by depriving them of their liberty, or by endangering their life by bodily harm. It is commonly held by text writers that the "intentional element" of this crime consists in the wilfulness of the act against the person of the sovereign or the heir apparent, and more precisely in the deliberate attack upon his person or his liberty. It is, therefore, not necessary that the offender should have acted for a political object. The law gives a special protection to the Head, of the State having regard, as we have said, to the effects which an attempt against him may have upon the public peace, and these effects do not change, at any rate substantially, by reason of the diversity of the object aimed at by the agent7. Now although mention is made of the King only, there is no doubt that a Queen Regnant such as Queen Elizabeth or Queen Victoria, being invested with Royal Power and entitled to the allegiance of her subjects, would be within that description. Indeed, this is expressly declared in the Interpretation Act, 1889, s. 30. But the husband of such a Queen would not8. And the King here intended is the King in possession without any respect to his title. In England it is held that a king "de facto" and not “de jure”, or, in other words, a usurper that has got possession of the throne is a king within the meaning of the Statute as there is a temporary allegiance due to him, for his administration of the Government, and temporary protection of the public. The most rightful heir of the Crown, or king “de jure” and not “de facto”, who has never had possession, is not a king within the Statute9.
2. Subverting, or attempting, to subvert the Government of these Islands or of any other part of Her Majesty's dominions
Natives of Malta are natural born subjects of the British Crown, and they may be guilty of acts which violate their duty of allegiance to the general Government of which they
7
Confer Maino, op. cit., pg. 43, art. 117, para 676; Tuozzi "Corso Completo di Diritto Penale, Vol. IlI,
pg. 67 8
Blackstone, op. Cit. 77
9
ibid.
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