WEDNESDAY, MARCH 11, 1987
7
+THE ADMINISTRATION WAS RECEPTIVE TO OUR PROPOSALS AND IT HAS BEEN AGREED THAT SOME OF THE PARTICULARS REQUIRED FOR REGISTRATION SUCH AS THOSE MENTIONED ABOVE WOULD BE DISPENSED WITH, HE SAID.
+
TURNING TO SECTION 27 OF THE PUBLIC ORDER (AMENDMENT) BILL 1986 RELATING TO THE PUBLICATION OF FALSE NEWS, MR WONG SAID ONE AREA WHERE THE AD HOC GROUP WAS ABLE TO REACH CONSENSUS WAS THAT THE SECTION SHOULD NOT ONLY AIMED AT THE PRESS SINCE IT WAS INTENDED TO BE INCLUDED IN THE PUBLIC ORDER ORDINANCE.
REPRESENTATIONS BY JOURNALISTS ON THIS POINT WAS DULY CONVEYED TO THE ADMINISTRATION, HE ADDED.
+THIS ARGUMENT WAS ACCEPTED BY THE GOVERNMENT AS LOGICAL AND A COMMITTEE STAGE AMENDMENT TO THIS EFFECT WILL BE MOVED BY THE CHIEF SECRETARY, HE SAID.
ANOTHER AREA WHERE CONSENSUS WAS REACHED WAS THE DELETION OF +MALICIOUS+ AND +MALICE+ IN THE BILL. THE DELETION WOULD ALSO BE EFFECTED BY A COMMITTEE STAGE AMENDMENT.
MR WONG SAID THE POINTS OF CONTENTION WERE WHETHER THERE WAS A NEED TO RETAIN THE SECTION ON FALSE NEWS AND, IF IT WAS THOUGHT NECESSARY, WHETHER THE ONUS OF THE BURDEN OF PROOF REGARDING THE KNOWLEDGE OF THE FALSE NEWS SHOULD CONTINUE TO REST WITH THE ACCUSED.
HE NOTED THAT THOSE AGAINST THE SECTION FELT THAT IT REPRESENTED A DEPARTURE FROM THE COMMON LAW PRINCIPLE THAT AN ACCUSED WAS PRESUMED INNOCENT UNTIL HIS GUILT WAS PROVEN BEYOND REASONABLE DOUBT.
MR WONG ALSO NOTED THE ARGUMENT THAT IF A JOURNAL IST FOLLOWED THE INTERNATIONALLY ACCEPTED PRINCIPLE OF KEEPING THE SOURCE OF HIS INFORMATION CONFIDENTIAL, THEN HE WOULD BE DEPRIVED OF THE ONLY DEFENCE AVAILABLE TO HIM SHOULD HE BE CHARGED UNDER THE NEW SECTION.
+FURTHERMORE, A FEW MEMBERS ALSO BELIEVE THAT IN CASES WHERE THE TRUTH OR AUTHENTICITY OF THE NEWS IS NOT IMMEDIATELY OR READILY AVAILABLE, THE NEW SECTION WOULD POSE AN ALMOST IMPOSSIBLE BURDEN ON THE ACCUSED AND WOULD UNDULY INHIBIT FURTHER INVESTIGATION BY THE MEDIA WHICH MIGHT EVENTUALLY BRING OUT IMPORTANT AND MATERIAL FACTS IN THE INTERESTS OF THE WHOLE COMMUNITY.+
NONETHELESS, DESPITE THE DOUBTS AND RESERVATIONS, OTHER MEMBERS WERE CONVINCED THAT THE BILL, AS AMENDED, STRUCK A FAIR BALANCE, MR WONG SAID.
/+SINCE IT