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A
The section is aimed at the publication of blatant falsehoods.
prosecution will not be authorised where the truth is uncertain, and
falsity cannot be proved beyond question.
7.
Thirdly, the publication must have made the false news
generally known to members of the public; it must anyhow be borne in
mind that a likelihood of causing public alarm or disturbing public
order must be shown. Conversations and speeches in private fall
outside the scope of public order legislation unless the person uttering the false news was clearly aware or intended that his
utterances would become generally known to members of the public.
Even public speeches may not have the effect of making news generally known unless made to large audiences or, again, the
speaker clearly knew or intended that his utterances would reach the
general public or a section of it.
8.
Fourthly, there must be evidence to establish a likelihood of
alarm to the public or a section thereof or disturbance to public
order occasioned by publication of the false news. Whilst it is not
necessary to show a likelihood of alarm to all the public, the Attorney General will normally not be concerned if the impact is or
may be on an insignificant section only. Although it is not necessary to prove that the publication actually caused public alarm or disorder, the Attorney General will only in the most exceptional
circumstances authorise a prosecution if no alarm or disorder in
Hong Kong appears to have resulted from the publication.
9.
The effect of section 27 is to render liable to criminal
sanctions those who publish false news of the kind described if they
have no reasonable grounds for believing the news to be true.
Thus,
while it is in the first place for the prosecution to prove beyond
reasonable doubt that the accused published the news in question,
that it was false, and that it was likely to cause alarm, the case
will fall even if those elements are established, if the defendant
can show on a balance of probability that he had reasonable grounds
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