Justification [cf. 15 & 15 Geo. 6 & 1
Eliz, 2, 66
5. 51.
Fair
commcol.
Lot 15 & 16 Gcp, 6 & 1
Eliz. 2 c. 66 *. 6).
basis and any expenses reasonably incurred or to be incurred by that party in consequence of the publication in question:
and if no such proceedings as aforesaid are taken, the Supreme Court may, upon application made by the party aggrieved, make any such order for the payment of such costs and expenses as aforesaid as could be made in such proceedings.
(5) For the purposes of this section words shall be treated as published by one person (in this subsection referred to as the publisher) innocently in relation to another person if and only if the following conditions are satisfied, that is to say-
(a) that the publisher did not intend to publish them of and concerning that other person, and did not know of circumstances by virtue of which they might be understood to refer to him; or
(5) that the words were not defamatory on the face of them, and the publisher did not know of circum- stances by virtue of which they might be under- stood to be defamatory of that other person, and in either case that the publisher exercised all reasonable care in relation to the publication; and any reference in this subsection to the publisher shall be construed as including a reference to any servant or agent of his who was concern- ed with the contents of the publication.
(6) Paragraph (b) of subsection (1) shall not apply in relation to the publication by any person of words of which he is not the author unless he proves that the words were written by the author without malice.
26. In an action for libel or slander in respect of words containing two or more distinct charges against the plaintiff, a defence of justification shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the plaintiff's reputation having regard to the truth of the remaining charges,
27. In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved if the expression of opinion is fair comment having regard to such of the facts alleged or referred to in the words complained of as are proved.
Limitation
oa privilege at elections. Jef. 15 & 16 Geo. 6 & !
5 101.
Agreements for incerity. Ict. 15 & 16 Geo. 6 & 1 Eltz. 2 . $6 £11.
7
28. A defamatory statement published by or on behalf of a candidate in any election to the Urban Council shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified to vote at the election.
29. An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory. and does not reasonably believe there is a good defence to any action brough upon it.".
12. The principal Ordinance is amended by the addition of the Addition of following Schedule
"SCHEDULE.
Schedule.
[s, 14.)
NEWSPAPER STATEMENTS HAVING QUALIFIED PRIVILEGE.
PART 1.
STATEMENTS PRIVILEGED WITHOUT EXPLANATION OR CONTRADICTION.
1. A fair and accurate report of any proceedings in public of the legisla. ture of any part of the Commonwealth outside the Colony."
2. A fair and accurate report of any proceedings in public of an inter- pational organization of which the Government of Hong Kong or Her Majesty's Government in the United Kingdom is a member, or of any international confer- ence to which the Government of Hong Kong or Her Majesty's Government in the United Kingdom sends a representative.
3.
A fair and accurate report of any proceedings in public of an inter- pational court.
4. A fair and accurate report of any proceedings before a court exercising jurisdiction throughout any part of the Commonwealth outside the Colony or of way proceedings before a court-martial held outside the Colony under the Naval Discipline Act, the Army Act or the Air Force Act.
5. A fair and accurate report of any proceedings in public of a body or person appointed to hold a public inquiry by the Government or legislature of any part of the Commonwealth outside the Colony.
6. A fair and accurate copy of or extract from any register kept in pur- Hance of any Ordinance which is open to inspection by the public, or of any other document which is required by the law of the Colony to be open to inspection by the public.
1. A notice or advertisement published by or on the authority of any Bourt within the Colony or any judge or officer of such a court.
PART II.
STATEMENTS PRIVILEGED SUBJECT TO Explanation DR. CONTRADICTION.
* A fair and accurate report of the findings or decision of any of the following associations, or of any committee or governing body thereof, that is
to say--
(a) an association formed in the Colony for the purpose of promoting or encouraging the exercise of or interest in any art, scicace, religion or learning, and empowered by its constitution to exercise control over Or