TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 219

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No. 6 of 1979.]

Record of pro- ceedings of Council to be evidence.

Protection of

persons respons- ible for publica- tions authorised by the Council.

Publication of proceedings without malice.

Penalty for print- ing false copy of Ordinance or Council record, etc.

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES).

20. Upon any inquiry touching the privileges, immunities and powers of the Council or any Member, any copy of the record of the proceedings of the Coun- cil purporting to be printed, by order of the Council, shall be admitted as prima facie evidence, without proof of its being such copy, for all purposes and in all courts.

21. Any person, who is a defendant or the accused in any civil or criminal proceedings instituted for or on account or in respect of the publication by such person (or by his servant or agent), by order or under the authority of the Council or the Speaker, of any reports, papers, minutes or record of proceedings, may, on giving to the plaintiff or the prosecutor, as the case may be, twenty-four hours written notice of his intention, bring before the court a certificate under the hand of the Speaker, together with an affidavit verify- ing such certificate, stating that the reports, papers, minutes or record in respect of which such proceedings have been instituted were published by such person (or by his servant or agent) by order or under the authority of the Council or the Speaker, and thereupon the court shall immediately stay such civil or criminal proceed- ings, and the same and every process therein shall be deemed to be finally determined.

22. In

In any civil or criminal proceedings for print- ing any copy of any report, paper, minutes, votes or record of proceedings of the Council, or a committee or any summary or extract from or abstract thereof, if the court is satisfied that such publication was in substance true and correct, or was made in good faith and without malice, judgment or verdict, as the case may be, shall be entered for the defendant or the accused.

23. Any person who prints, or causes to be printed, any copy of an Ordinance, now or hereafter in force, or a copy of any report, paper, minutes, votes or record of proceedings of the Council as purporting to have been printed by the Government Printer or by order of or under the authority of the Council or the Speaker, and the same is not so printed, shall be guilty of an offence and shall be liable on summary conviction to a fine of two thousand dollars or to imprisonment for two years, or to both such fine and imprisonment.