TNAG-1582-FCO40-2156-Hong-Kong-law-amendment-and-reform-1986 — Page 22

A BILL

To

Enclosure No.

4

Amend the Defamation Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Defamation (Amendment) Ordinance Short title. 1986.

2.

Section 2 of the principal Ordinance is amended-

(a) in the definition of "broadcast" or "broadcasting" by deleting "the Colony"

and substituting the following-

"Hong Kong"; and

(b) in the definition of "newspaper" by deleting "the Colony" and substituting

the following--

Amendment of section 2. (Cap. 21.)

“Hong Kong”.

3.

Section 28 of the principal Ordinance is amended- (a) by inserting before "Urban" the following—

Amendment of section 28.

"Legislative Council or to the"; and

(b) by inserting before "shall" the following

"or to a District Board".

4. The Schedule to the principal Ordinance is amended—

(a) in Part I, in paragraphs 1, 4, 5, 6 and 7, by deleting "the Colony" wherever it

occurs and substituting the following-

(b) in Part II-

"Hong Kong"; and

(i) in paragraphs 8, 9 and 10, by deleting "the Colony" wherever it occurs and substituting the following--

"Hong Kong"; and

(ii) by adding after paragraph 12 the following-

"13. A copy or fair and accurate report or summary of any notice or other matter issued for the information of the public by or on behalf of the Consumer Council.".

Explanatory Memorandum

The objects of this Bill are-

(a) to apply the defence of qualified privilege under section 14 of the Defama- tion Ordinance to the publication in newspapers or the broadcasting of reports of any notice or other matter issued by the Consumer Council; and (b) to add the Legislative Council and District Boards to the bodies specified in section 28 of the principal Ordinance (as amended by the Regional Council Ordinance, No. 39 of 1985) so that defamatory statements made by candidates during elections to those bodies shall not be protected by qualified privilege.

2. The opportunity is also taken to replace references to "the Colony" in the principal Ordinance with references to "Hong Kong".

3. The Bill has no Public Service staffing or public expenditure implications.

Amendment of Schedule.