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THE HONGKONG GOVERNMENT GAZETTE, 26TH FEBRUARY, 1887.
Publishing or threatening to publish a libel
or pro- posing to abstain from publishing
any thing
with intent to
cxtort money, by
punishabent
and hard labour.
(6 and 7 V. c. 96 8.3.)
False dofama- tory libel punishable
by imprison- ment and fine. (6 and 7 V. c. 96 B. 4.)
Malicious defamatory libel, by imprisonment
or fine.
(6 and 7 V. c.
98 s. 5.)
Proceedings upon the trial
of an informa-
tion for a defamatory libel.
(6 and 7 V. c. 96 s. 6.)
Proviso as to plea of not guilty in civil and criminal proceedings.
Evidence to rebut prima facic case of publication by an agent. (6 and 7 V. c. 96 8. 7.)
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publication without actual malice, and without gross negli- gence, and that before the commencement of the action or suit or at the earliest opportunity afterwards, he inserted in such newspaper or other periodical publication a full apology for the said libel, or if the newspaper or periodical publication in which the said libel. appeared should be ordi- narily published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff in such action or suit or that to such defence to such action or suit it shall be competent to the plaintiff to reply generally denying the whole of such defence provided always that it shall not be competent to any defendant in such action or suit to file any such defence as aforesaid without at the same time making a payment of money into Court by way of amends and every such defence so filed without such pay- ment into Court shall be deemed a nullity and may be treated as such by the plaintiff in the action or suit.
5. If any person shall publish or threaten to publish any libel upon any other person, or shall directly or indirectly threaten to print or publish, or shall directly or indirectly propose to abstain from printing or publishing any matter or thing touching any other person with intent to extort any money or security for money, or any valuable thing from such or any other person, or with intent to induce any person to confer or procure for any person any appoint- ment or office of profit or trust, every such offender, on being convicted thereof on information shall be liable to impri- sonment with or without hard labour, for any term not ex- ceeding three years; provided always, that nothing herein contained shall in any manner alter or affect any law or Ordi- nance now in force in respect of the sending or delivery of threatening letters or writings.
6. If any person shall maliciously publish any defamatory libel, knowing the same to be false every such person, being convicted thereof shall be liable to imprisonment for any term not exceeding two years, and to pay such fine as the Court shall award.
7. If any person shall maliciously publish any defamatory libel, every such person, being convicted thereof shall be liable to fine or imprisonment, or both as the Court may award, such imprisonment not to exceed the term of one year.
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8. On the trial of any information for a defamatory libel, the defendant having pleaded such plea as hereinafter men- tioned the truth of the matters charged may be inquired into, but shall not amount to a defence, unless it was for the public benefit that the said matters charged should be published; and that to entitle the defendant to give evi- dence of the truth of such matters charged as a defence to: such information it shall be necessary for the defendant, in pleading to the said information, to allege the truth of the said matters charged in the manner now required in alleging a justification to any action or suit of defamation, and fur- ther to allege that it was for the public benefit that the said maiters charged should be published, and the particular fact or facts by reason whereof it was for the public benefit that the said matters charged should be published, to which plea the prosecutor shall be at liberty to reply generally deny- ing the whole thereof; and if after such plea the defendant shall be convicted on such information it shall be com- petent to the Court, in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the said plea and by the evidence given to prove or to disprove the same: provided always, that the truth of the matters charged in the alleged libel complained of by such information shall in no case be inquired into without such plea of justification: provided also, that in addition to such plea it shall be competent to the defendant to plead a plea of not guilty: provided also, that nothing in this Ordinance contained shall take away or prejudice any defence under a plea of not guilty which it is now com- petent to the defendant to make under such plea to any information for defamatory words or libel.
9. Whensoever, upon the trial of any information for the publication of a libel, under the plea of not guilty evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publication was made without
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