188 THE HONGKONG GOVERNMENT GAZETTE, 26TH FEBRUARY, 1887.
No prosecu- tion for
newspaper libel without
fiat of Attorney General. (44 and 45
V. c. 60 s. 3.)
Ex officio informations not to be affected.
Inquiry by Magistrate na
to libel being for public benefit or being true. (44 and 45 V. c. 60 s. 4.)
Provision 88 to summary conviction for libel. (44 and 45 V. c. 60 8. 5.)
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.
17. A Court of Summary Jurisdiction upon the hearing 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 true, 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
case.
18. Notwithstanding anything to the contrary contained in Ordinance No. 16 of 1875 if the Court of Summary Jurisdiction upon the hearing of a 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.
Passed the Legislative Council of Hongkong, this 11th day of February, 1887.
ARATHOON SETH, Clerk of Councils,
Assented to by His Excellency the Officer Administering the Government, the 22nd day of February, 1887.
FREDERICK STEWART,
Acting Colonial Secretary.-
7
GOVERNMENT NOTIFICATION.-No. 74.
His Excellency the Officer Administering the Government has been pleased to appoint NORMAN GILBERT MITCHELL-INNES, Esquire, to be a Member of the Board of Examiners.
By Command,
Colonial Secretary's Office, Hongkong, 21st February, 1887..
FREDERICK STEWART,
Acting Colonial Secretary.
GOVERNMENT NOTIFICATION.-No. 75.
His Excellency the Officer Administering the Government has been pleased to appoint, under the provisions of Ordinance 8 of 1885, Acting Police Inspector WILLIAM BAKER to be an Examiner of Weights and Measures, vice Inspector QUINCEY, returned to Police duty.
By Command,
Colonial Secretary's Office, Hongkong, 23rd February, 1887.
FREDERICK STEWART,
Acting Colonial Secretary.