MAY GS '87 15:32 TIBCOOU) HK GOVT
PMY
7.
(2) Where it is proved that the person charged with an offence under this section published or gave false information, it shall, until the contrary is proved, be presumed that he knew such information to be false.
The old section 30 in the Public Order Ordinance was a more formidable provision than section 6 of the
Control of Publications Consolidation Ordinance in certain respects, but in particular -
7.
(a) It covered not only written publications but also
private communications, both oral and written (and by any other means);
(b) Prosecution under section 6 could not be
initiated without the consent in writing of the
Attorney General, whereas there was no such restriction in relation to section 30
prosecutions; and
(c) There was a striking difference between the
maximum sentences under the two sections, the section 30 maxima being much greater. (The maximum fines under the new 'false news' provision have been updated but the maximum prison sentences are still much lower than under the old section 30.)
It was decided that it was unnecessary to retain both provisions; that if either of the two needed to be retained it should be section 6; and that section 30 should be redrawn so as to limit its scope to its intended
It was further purpose i.e. dealing with bomb hoaxes. decided, for the reasons which follow, that the substance of section 6 should be retained but transferred to the Public Order Ordinance. Both amendments were accordingly enacted in the Public Order (Amendment) Bill.
P.S