1961-HKRS28-8-28_Part02 — Page 38

Amendment

of principal Ordinance.

11. The principal Ordinance is amended by the addition immediately after section 21 of the following new sections-

“Broadcast statements.

Iel. 15 & 16

Geo. 6 & I

Elix a . BẠN

1

Slander affect ing official, professional or business

reputation. [et. 15 & 16 Geo, 6 & 1

Eliz 2 c. 66

21

Slander of tille, ete Let. 15 & 16 Geo, 6 & 1 Eli AE. Điều

31.

Unintentiona Kufarnation.

Jct. 15 & 16 Oco. 6 & 1 Blz 2 c. 66 54].

22. For the purposes of the law of libel and slander, the broadcasting of words shall be treated as publication ig permanent form.

23. Io an action for slander in respect of words cal- culated to disparage the plaintiff in any office, profession. calling, trade or business held or carried on by him at the time of the publication, it shall not be necessary to allege or prove special damage, whether or not the words are spoken of the plaintif in the way of his office, profession, calling, trade or business.

24. (1) In an action for slander of title, slander of goods or other malicious falschood, it shall not be necessary to allege or prove special damage-

(a) if the words upon which the action is founded are calculated to cause pecuniary damage to the plaintiff and are published in writing or other permanent form; or

(b) if the said words are calculated to cause pecuniary damage to the plaintiff in respect of any office, profession, calling, trade or business held or carried on by him at the time of the publication. (2) Section 22 shall apply for the purposes of this section as it applies for the purposes of the law of libel and slander.

25. (1) A person who has published words alleged to be defamatory of another person may, if he claims that the words were published by him innocently in relation to that other person, make an offer of amends under this section; and in any such case-

(a) if the offer is accepted by the party aggrieved and is duly performed, no proceedings for libel or slander shall be taken or continued by that party against the person making the offer in respect of the publication in question (but without prejudice to any cause of action against any other person jointly responsible for that publication);

(b) if the offer is not accepted by the party aggrieved, then, except as otherwise provided by this section. it shall be a defence, in any proceedings by him for libel or slander against the person making the

offer in respect of the publication in question, to prove that the words complained of were publish- ed by the defendant innocently in relation to the plaintiff and that the offer was made as soon as practicable after the defendant received notice that they were or might be defamatory of the plaintiff, and has not been withdrawo.

(2) An offer of amends under this section must be expressed to be made for the purposes of this section, and must be accompanied by an affidavit specifying the facts relied upon by the person making it to show that the words in question were published by him innocently in relation to the party aggrieved; and for the purposes of a defence under paragraph (b) of subsection (1) no evidence, other than evidence of facts specified in the affidavit. shall be admis- sible on behalf of that person to prove that the words were so published.

(3) An offer of amends under this section shall be understood to mean an offer-

(a) in any case, to publish or join in the publication of a suitable correction of the words complained of and a sufficient apology to the party aggrieved in respect of those words;

(b) where copies of a document or record containing the said words have been distributed by or with the knowledge of the person making the offer, ta take such steps as are reasonably practicable on his part for notifying persons to whom copies have been so distributed that the words are alleged to be defamatory of the party aggrieved.

(4) Where an offer of amends under this section is accepted by the party aggrieved-

(a) any question as to the steps to be taken in fulfl- ment of the offer as so accepted shall in default of agreement between the parties be referred to and determined by the Supreme Court, whose decision thereon shall be final;

(6) the power of the court to make orders as to costs in proceedings by the party aggrieved against the person making the offer in respect of the publica- tion in question, or in proceedings in respect of the offer under paragraph (a), shall include power to order the payment by the person making the offer to the party aggrieved of costs on an indemnity