doubt

Thus, while it is in the first place for the fi sccution to prove beyond reasonable do ist that the accused published news in question, that it was false, and that it was libsely The case will fall even if thise elements are

eatm

A cause 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. IS FOR THE DEFENDANT TO ESTABLISH ON A BALANCE OF PROBABLILITY THAT HE HAD REASONABLE GROUNDS FOR BELIEVING THE TRUTH OF THE NEWS. NEVERTHELESS, AS USUAL WHEN A DECISION WHETHER TO PROSECUTE HAS TO BE TAKEN, += IS NECESSARY TO CONSIDER WHETHER AN AVAILABLE DEFENCE MIGHT BE ESTABLISHED. IT WILL NOT BE APPROPRIATE TO PROSECUTE UNDER THIS SECTION IF AT THE INVESTIGATION STAGE THERE IS REASON TO THINK THAT THE PERSON PUBLISHING THE NEWS HAD REASONABLE GROUNDS FOR BELIEVING IN ITS TRUTH. IT IS IMPORTANT THAT THOSE RESPONSIBLE FOR THE PUBLICATION OF NEWS DO NOT FEEL INHIBITED FROM PUBLISHING WHAT THEY REASONABLY BELIEVE TO BE TRUE, EVEN

IF IT IS LIKELY TO ALARM OR DISTURB PUBLIC ORDER, MERELY BECAUSE THEY FEAR THAT IF IT TURNS OUT TO BE FALSE THEY WILL INEVITABLY BE OBLIGED TO JUSTIFY THEIR ACTION IN OPEN COURT. FOR THIS REASON, EVEN WHEN THERE IS NO APPARENT GROUND FOR SUPPOSING THAT THE PERSON PUBLISHING HAD REASONABLE GROUNDS FOR BELIEF IN THE TRUTH OF THE NEWS, HE SHOULD ORDINARILY BE GIVEN AN OPPORTUNITY TO EXPLAIN HOW AND WHY HE CAME TO PUBLISH BEFORE A DECISION IS TAKEN ON WHETHER IT IS AN APPROPRIATE CASE FOR PROSECUTION.**

2.

YOUR EARLY COMMENTS WOULD BE APPRECIATED.

WILSON

B

established,

It is therefore Meresary, as

is

YYYY

HMLNAN 1801

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR MCLAREN MR GILLMORE

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

3- CONFIDENTIAL

CONF

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