1973-HKRS28-16-21_Part02 — Page 5

(CAA 6.)

Enactment

Bankruptcy Ordinance,

(p. 32)

Companies Ordinance.

(Cap. 297,)

Judicial Proceedinga (Regulation of Reports) Ordinance.

6

Amendment

Section 45(2) is amended-

(a) in paragraph (c) by deleting "and duc re- gistration thereof in the appropriate Land Office;" and substituting therefor the follow- Eng

"or charging order and due registration thereof in the appropriate Land Office, or by the appointment of a receiver;"; and (b) by deleting paragraph (g)

Section 269(2) is amended by deleting "in the Land Office, and in the case of an equitable interest." and substituting therefor the following-

1.

"or charging order in the Land Offee; or".

The long title is amended by adding before "regulate" the following-

"amend the law relating to contempt of court and to".

2. The following new section is added after section

**Interparty ផងង....

► 201

14. In this Ordinance, unless the con- teat otherwise requires-

FLANKS any cours, tribunal or person having by law power to hear. receive and examine evidence on cath;

Jef. 1960 € 65, **Court sitting in private" means any court

sitting in camera or in chambers; "judicial proceedings" and "proceedings"

mean proceedings before any court.".

1. Section 2 is amended--

(a) in subsections (2) and (3), by deleting “Ordinance"

and substituting the following--

"section"; and

(b) by deleting subsection (5).

4 The following new sections are added after section

**Indoctit

pubhetk ABE detribu. LÄGTI.

1960 c. 65,

* JL.

3. (1) A person shall not be guilty of contempt of court on the ground that he has published any matter calculated to interfere with the course of justice in cop- nexion with any proceedings pending or imminent at the time of publication if al that time, having taken all reasonable care, he did not know and bad no reason to suspect that the proceedings were pending, or that such proceedings were imminent, as the case may be.

Engciment

Pubhcation of

reking to proceedings

jo private, Jef. 1950 s. 65, B. 12.1

(Cap. 135.1

7

Amendment

(2) A person shall not be guilty of contempt of court on the ground that be bas distributed a publication containing such matter as is mentioned in subsection (1) if at the time of distribution, baving taken all reasonable care, he did not know that it contained any such matter AS aforesaid and had no reason to suspect that it was likely to do so,

(3) The proof of any fact lending to establish a defence afforded by this section to any person in proceedings for contempt of court shall lie upon that person.

4. 0) The publication of informa- tion relating to proceedings before any court sitting in private shall not of itself be contempt of court except in the follow- ing cases, that is to say-

(ơ

where the proceedings relate to the wardship or adoption of an infant or wholly or mainly to the mainten- guardianship, custody,

ance or upbringing of an infant, or tights of access to an infant;

(6) where the proceedings are brought under Part II or IV of the Mental Health Ordinance;

(c) where the court sits in private for reasons of national security during that part of the proceedings about which the information in question is published;

(c) where the information relates to a secret process, discovery or inven- tion which is in issue in the pro- ceedings;

(e) where the court, having power to do so, expressly prohibits the publication of all information re lating to the proceedings or of information of the description which is published.

(2) Without prejudice to subsection (1), the publication of the text or a sum- mary of the whole or part of an order made by a court sitting in private shall not of itself be contempt of court except where the court, having power to do 40, expressly prohibits the publication.