Enclosure

No. 4

A BILL

To

Amend the Public Order Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Public Order (Amendment) Ordinance Short title. 1987.

2. Part V of the principal Ordinance is repealed and replaced by the Repeal and following

replacement of Part V. (Cap. 245.)

Malicious publication.

(Cap. 268.)

Bomb hoaxes.

1977 c. 45, s. 51.

"PART V

MALICIOUS PUBLICATION AND BOMB HOAXES

27. (1) Any person who maliciously publishes in any local newspaper false news which is likely to alarm public opinion or disturb public order shall be guilty of an offence and shall be liable—- (a) on summary conviction, to a fine of $30,000 and to

imprisonment for 1 year; and

(b) on conviction on indictment, to a fine of $100,000 and to

imprisonment for 3 years.

(2) For the purposes of this section, malice shall be presumed in default of evidence showing that, prior to publication, the accused took reasonable measures to verify the truth of the news.

(3) No prosecution for an offence under this section shall be commenced without the consent of the Attorney General.

(4) In this section "local newspaper" has the meaning assigned to it in the Registration of Local Newspapers Ordinance.

28. (1) Any person who-

(a) places any article or substance in any place whatever; or (b) dispatches any article or substance by post. rail, sea, air or any other means whatever of sending things from one place to another.

with the intention of inducing some other person to believe that it is likely to explode or ignite and thereby cause personal injury or damage to property shall be guilty of an offence.

(2) Any person who communicates any information which he knows or believes to be false to another person with the intention of inducing him or any other person to believe that a bomb or other article, substance or thing liable to explode or ignite is present in any place or location whatever shall be guilty of an offence.

(3) For a person to be guilty of an offence under subsection (1) or (2) it shall not be necessary for him to have any particular person in mind as the person in whom he intends to induce the belief mentioned in those subsections.

(4) Any person guilty of an offence under this section shall be liable-

(a) on summary conviction, to a fine of $50,000 and to

imprisonment for 3 years; and

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