123 of the Criminal Procedure Ordinance
Cap. 221 and s. 20 of the Juvenile Offenders Ordinance Cap. 226) and if the ordinary rule is breached without good cause the trial will be declared a nullity.
72.
The law restricts the publication of certain information relating to judicial proceedings
(a) indecent matter or medical surgical or physiological matters which are revolting or offensive or the publication of which would be calculated to injure public morals (s. 3(1)(a) of the Judicial Proceedings (Regulation of Reports) Ordinance Cap. 287);
(b) in relation to certain matrimonial proceedings any particulars other than (i) the names, addresses and occupations of the parties and witnesses (ii) a concise statement of the charges defences and counter-charges (iii) submissions on points of law and decisions thereon (iv) the judgment and observations made by the judge in giving judgment (s. 31(b) of Cap. 287);
(c) where a court sits in private and (i) proceedings relate to wardship, adoption guardianship, custody and so forth of children (ii) certain proceedings are brought under the Mental Health Ordinance (iii) national security is involved (iv) information relates to a secret process or invention (v) where the court expressly has power to do so and expressly prohibits the publication of certain information (s. 5 of Cap. 287);
(a) in relation to Juvenile Courts, (i) the name, address or school or any particulars calculated to lead to the identification of anyone under the age of 16 years who is a party to the proceedings or a witness (ii) or any picture of such a child (s. 20A of the Juvenile Offenders Ordinance Cap. 226);
(e) in certain circumstances any information which might lead to the identity of a woman complainant in a case of rape or indecent assault (s. 156 of the Crimes Ordinance Cap. 200).
73. An individual's right to a fair trial before a court of law is a fundamental right in common law. Any publication which has the tendency to "prejudice" a fair trial will amount to contempt of court. Publications which are held to "prejudice" a criminal case fall under two categories: the type of publication which tends to induce the court ( (or more especially the jury) to be biased thereby jeopardising the court's impartiality; and the type of publication which prejudices the court's ability to determine the true facts. There is a different category of. "prejudice" in civil cases. This is the type of publication which tends to deter the parties from bringing or defending the action in the first place.
74.
The Law Reform Commission of Hong Kong has recommended the adoption of some provisions of the Contempt of Court Act 1981 of the United Kingdom relating to contempt by publication.