THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
of process issued therein, shall be and shall be deemed and taken to be finally put an end to, determined and superseded by virtue of this Ordinance.
13. It shall be lawful in any civil or criminal proceeding to be commenced or prosecuted for printing any extract from or abstract of such report, paper, votes, or proceedings, to give in evidence under the general issue in criminal cases, and in civil cases in support of any allegation in defence, such report, paper, votes, or proceedings, and to show that such extract or abstract was published bonâ fide and with- out malice; and if sucht shall be the opinion of the jury, a verdict of not guilty shall be entered for the defendant or defendants.
Newspaper Libels.
14. Any report published in any newspaper of the pro- ceedings of a public meeting shall be privileged, if such meeting was lawfully convened for a lawful purpose and open to the public, and if such report was fair and accurate and published without malice, and if the publication of the matter complained of was for the public benefit; provided always, that the protection intended to be afforded by this section shall not be available as a defence in any proceed- ing, if the plaintiff or prosecutor can show that the de- fendant has refused to insert in the newspaper in which the report containing the matter complained of appeared, a reasonable letter or statement or explanation or contradic- tion by or on behalf of such plaintiff or prosecutor.
15. No criminal prosecution shall be commenced before a Court of Summary Jurisdiction against any proprietor, publisher, editor, or any person responsible for the publica- tion of a newspaper for any libel published therein, without the written fiat or allowance of the Attorney General being first had and obtained.
16. Nothing in this Ordinance shall apply to ex-officio informations filed by the Attorney General nor to informations by the Registrar of the Supreme Court by the direction of the Court at the instance of some private individual.
In proceedings for printing
any extract or abstract of a paper it may be shown such extract was bona fide made.
(3 and 4 V. c. 9 s. 3.)
Newspaper reports of certain meetings privileged. 744 and 45 V. c. 60 s. 2.)
No prosecu- tion for newspaper Hbel without flat of Attorney General. (44 and 45 V. c. 60 s. 3.)
Ex officio information
not to be affected
Magistrate as to libel being for public benefit or being true. (44 and 45 V. c. 60 s. 4.)
17. A Court of Summary Jurisdiction upon the hearing Inquiry by of a charge against a proprietor, publisher, or editor, or any person responsible for the publication of a newspaper, for a libel published therein, may receive evidence as to the publication being for the public, benefit, and as to the mat- ters charged in the libel being truc, and as to the report being fair and accurate, and published without malice, and as to any matter which under this or any other Ordinance, or otherwise, might be given in evidence by way of defence by the person charged on his trial on information, and the Court if of opinion after hearing such evidence that there is a strong or probable presumption that the jury on the trial would acquit the person charged, may dismiss. the
ease.
18. Notwithstanding anything to the contrary contained in Ordinance No. 16 of 1875 if the Court of Summary Jurisdiction upon the hearing of charge against a pro- prietor, publisher, editor, or any person responsible for the publication of a newspaper for a libel published therein, is of opinion that though the person charged is shown to have been guilty, the libel was of a trivial character, and that the offence may be adequately punished by Virtue of the powers of this section, such Court shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect: "Do you desire to be tried by a jury or do you consent to the case being dealt with summarily?" and, if such person assents to the case being dealt with summarily such Court may summarily convict him and adjudge him to pay a fine. not exceeding two hundred and fifty dollars.
Provision as to summary conviction for libel. (44 and 45 V. c. 60 e. 5.)
23