MAR
97 16:15 TIBCOOU) HK GOVT
रा
P.11
provision were upended sa proposed by Mr. Bee, it would lie virtually
useless on the statute book because the prosecution would rarely, ad
then only by chance, be able to find the evidence to
prove the
2000ae8zy knowledge or recklessness,
However, the Administration recognise that it would not be
right to impose strict liability for the publicstion of false news,
even where the publication is of much a sensational character as to
fall within the definition of the offence. There is therefore a
defence provided whereby if the publisher can show that, at the time
of publication, he had reasonable grounds for believing that the news
wee true, he will be entitled to be asquitted. As is 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 be
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 disobarged
if be om prove it on a balance of probabilities, in other worda 1:
it is more likely them not.
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