1971-HKRS29-8-38_Part01 — Page 41

takes place before the magistrate assumes such power may be published or broadcast, after the magistrate has assumed power, as part of a report of the summary trial.

(7) A report of committal proceedings published or broadcast without any order under subsection (2) and before the time specified in subsections (5) and (6) may contain--

(a) the identity of the court and the name of the

magistrate;

(b) the names, addresses, occupations and ages

of the parties and witnesses;

(c) the offence, or a summary thereof, with

which the accused is charged;

(d) the names of counsel and solicitors engaged

in the proceedings;

(e) any decision of the magistrate to commit the accused for trial, and any decision of the magistrate on the disposal of the case of any defendants not committed;

(f) where the magistrate commits the accused for trial, the charge, or a summary thereof, on which he is committed and the court to which he is committed;

(g) where the committal proceedings are adjourn. ed, the date and places to which they are adjourned;

(A) any arrangements as to bail on committal

or adjournment;

(D) whether legal aid was granted to the

accused.

(8) If a report is published or broadcast in con- travention of this section, the following persons—

(2) in the case of publication of a written report as part of a newspaper or periodical publi- cation, any proprietor, editor, publisher or distributor thereof;

(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical publication, the person who publishes or distributes it;

Notice of reault of

committal proceedings, 1967. c. 80. 1.4.

$

(c) in the case of a broadcast of a report, any person who transmits or provides the pro- gramme in which the report is broadcast and any person baving functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,

shall be guilty of an offence and shall be liable on conviction to a fine of ten thousand dollars and to imprisonment for six months.

(9) Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Attorney General.

(10) Subsection (1) shall be in addition to, and not in derogation from, the provisions of any other Ordinance with respect to the publication of reports and proceedings of magistrates' and other courts.

(11) In this section-

"broadcast" metus sounds or visual images broadcast by wireless telegraphy or by means of a bigh frequency distribution system over wires, or other paths provided by a material substance and in- tended for general reception:

"publish", in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public. 878. If a magistrale commits any person for trial or determines to discharge him, the magistrates' clerk shall, on the day on which the committal proceedings are concluded or the next day, cause to be displayed in a part of the court house to which the public have access a notice in English and in Chinese-

(a) in either case giving that person's name,

address and age (if known);

(b) in a case where the magistrate commits him, stating the charge on which he is com- mitted and the court to which he is com- mitted;

(c) in a case where the magistrate determines to discharge him, describing the offence charged and stating that the magistrate has so deter- mined.".