}
15 TIE(OOL) HK GOVT
breriaica were amended as proposed by Mr. Dee, it would lie virtually
seless on the statute book because the prosecution would rarely, mid
then only by chance, be able to find the evidence to
necessary knowledge or recklessness.
prove
+
*
However, the Administration recognise that it would not be
right to impose strict liability for the publication of false news,
even where the publication is of much a sazsational character as to
fall within the definition of the offence. There is therefore a
dafecoe provided whereby if the publisher car show that, at the time
of publication, he had reasonable grounds for believing that the news
was true, he will be entitled to be acquitted. As in usual with
statutory defences, and there are many of them on the statute book,
the burden of proving that defence rests upon the defendant, but he
does not have to discharge that burden beyond reasonable doubt! as
does the prosecution. It is well established that where a burden of
proof lies on the defendant in oriminal proceedings it is disuharged
if he osa prove it on a balence of probabilities, in other wozde if
it is more likely thra not.
登
P.11