GRS 1050
CONFIDENTIAL
FM HONG KONG
CONFIDENTIAL
ние зол
- 1 MAY 1987
TO IMMEDIATE FCO
RECEIVED
TELNO 1674
OF 0109OOZ MAY 87
M.I.P.T.
ICER
on Taken
фтек
5/5
TO : ALL COUNSEL IN PROSECUTIONS DIVISTON
S.27 PUBLIC OREDR ORDINANCE CAP. 245
TOP COPY Q DIST ?
1. THE PURPOSE OF THIS CIRCULAR IS TO STATE THE APPROACH WHICH THE
ATTORNEY GENERAL INTENDS TO ADOPT WHEN DECIDING WHETHER A PROSECUTION
SHOULD BE BROUGHT UNDER THE NEW SECTION 27 OF THE PUBLIC ORDER
ORDINANCE (CAP. 245) WHICH CAME INTO FORCE ON 13 MARCH 1987. THIS
CIRCULAR HAS, OF COURSE, NO STATUS IN LAW, IT IS INTENDED TO
PROVIDE GUIDANCE TO THOSE CALLED UPON TO GIVE ADVICE TO THE
ATTORNEY GENERAL, IT IS NOT AN EXHAUSTIVE STATEMENT OF THE LAW NOR
CAN IT COVER EVERY CONCEIVABLE SITUATION.
2. SECTION 27 PROVIDES AS FOLLOWS:
**(1) ANY PERSON WHO PUBLISHES FALSE NEWS WHICH IS LIKELY TO CAUSE.
ALARM TO THE PUBLIC OR A SECTION THEREOF OR DISTURB PUBLIC ORDER
SHALL BE GUILTY OF AN OFFENCE AND SHALL BE LIABLE
(A) ON CONVICTION ON INDICTMENT, TO A FINE OF DOLLARS 100,000 AND
TO IMPRISONMENT FOR 2 YEARS: AND
(B) ON SUMMARY CONVICTION, TO A FINE OF DOLLARS 30,000 AND TO
IMPRISONMENT FOR 6 MONTHS.
(2) IT SHALL BE A DEFENCE TO A CHARGE UNDER SUBSECTION (1) FOR THE
PERSON CHARGED TO PROVE THAT HE HAD REASONABLE GROUNDS FOR BELIEVING THAT THE NEWS TO WHICH THE CHARGE RELATES WAS TRUE.
(3) NO PROSECUTION FOR AN OFFENCE UNDER THIS SECTION SHALL BE
COMMENCED WITHOUT THE CONSENT OF THE ATTORNEY GENERAL."'
3. THE AUTHORITY TO CONSENT TO A PROSECUTION UNDER THIS SECTION WILL BE RESERVED TO THE ATTORNEY GENERAL PERSONALLY. HIS DECISION SHOULD
BE SOUGHT BY WAY OF A MEMORANDUM IN WRITING FROM THE COUNSEL
CONCERNED, WITH SUPPORTING DOCUMENTATION. THE FOLLOWING ARE THE MATTERS WHICH THE ATTORNEY GENERAL WILL TAKE INTO ACCOUNT.
4. FIRST, HE WILL NEED TO BE SATISFIED THAT WHAT HAS BEEN PUBLISHED
IS NEWS: 1.E. THAT IT WOULD BE TAKEN BY THOSE WHO HEARD OR READ IT TO BE AN ASSERTION OF FACT BY THE PERSON PUBLISHING AND CAN FAIRLY
BE DESCRIBED AS 'NEWS'. A MERE EXPRESSION OF COMMENT OR OPINION WILL
CONFIDENTIAL
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