XN000022-1986-04-04 — Page 7

6

FRIDAY, APRIL 4, 1986

PROTECTION SOUGHT FOR NAMING DISHONEST TRADERS

****

THE DEFAMATION (AMENDMENT) BILL WHICH SEEKS TO PROVIDE THE DEFENCE OF QUALIFIED PRIVILEGE FOR THE NEWS MEDIA IN THE IR PUBLICATION OR BROADCAST OF REPORTS ISSUED BY THE CONSUMER COUNCIL WAS GAZETTED TODAY (FRIDAY).

+QUALIFIED PRIVILEGE IS THE LEGAL PROTECTION GIVEN TO THE

MAKER OF A DEFAMATORY STATEMENT IF THE STATEMENT IS MADE

HONESTLY, THAT IS WITHOUT MALICE, A GOVERNMENT SPOKESMAN EXPLAINED.

IF THIS PROVISION GOES THROUGH ITS LEGISLATIVE PROCESS THE NEWS MEDIA WILL BE ABLE TO PUBLICISE CONSUMER COUNCIL REPORTS OF UNSCRUPULOUS OR DISHONEST TRADERS, INCLUDING THE NAMES OF THOSE INVOLVED, WITHOUT FEAR OF LIBEL ACTION BEING TAKEN AGAINST THEM.

THE SPOKESMAN POINTED OUT THAT AT PRESENT, MANY NEWSPAPERS PUBLISHERS AND BROADCASTERS WERE UNWILLING TO PUBLISH THE NAMES OF THE RETAILERS' SHOPS WHICH HAD BEEN FOUND TO BE DISHONEST BY THE CONSUMER COUNCIL.

+THE UNFORTUNATE RESULT IS THAT THE MASS MEDIA ON OCCASIONS PUBLICISE THE MALPRACTICES OF THE RETAILERS' SHOP BUT NOT THE NAMES OF THE SHOPS CONCERNED, DEFEATING LARGELY THE PURPOSE OF THE COUNCIL'S ACTION.

+THIS PROVISION WOULD ENCOURAGE THE PRESS TO REPORT THE INVESTIGATION RESULTS OF THE CONSUMER COUNCIL WHICH WOULD HELP CONSUMERS TO MAKE THE IR PURCHASING DECISIONS ACCORDINGLY,+ THE SPOKESMAN ADDED.

THE BILL ALSO SEEKS TO PREVENT DEFAMATION STATEMENTS MADE BY CANDIDATES IN ELECTIONS TO THE LEGISLATIVE COUNCIL AND DISTRICT BOARDS BEING AFFORDED THE DEFENCE OF QUALIFIED PRIVILEGE.

THIS BRINGS INTO LINE THE LAW RELATING TO ALL PUBLIC AND CIVIC ELECTIONS HELD IN HONG KONG SINCE THE PROVISION ALREADY APPLIES TO URBAN AND REGIONAL COUNCILS ELECTIONS.

THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL

FOR FIRST READING ON APRIL 16.

VIEWS ON PROVISIONS OF THE BILL CAN BE SENT TO THE SECRETARY FOR TRADE AND INDUSTRY, GOVERNMENT SECRETARIAT, SIXTH FLOOR, CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, OR TO UMELCO AT 8 JACKSON ROAD, CENTRAL.

п