TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 197

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7 16:14 TTROOOLD) HK GOWT

Speech by A.G,

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been raised which I should like to take this opportunity to slaver before the Chief Secretary replica to this debate.

Burden of proof

A good deal has been said, both within this chamber and etonbora about where the burden of proof should 110. Grition of Government's proposals allege that they run counter to the common Ja praeciple that the burden of proof should reat on the prosecution. Putting the point in that way, however, serves rather to confuse hun to clarify ths sun. The real Question is whether the Of

ahould have a mental element as one of its ingredients, the thre ingredients of the offence as proposed by the Government, era that there was a publication of news, that the news was false and that the publication of the news was likely to alarm public opinion or to disturb public order. If the prosecution can prove those three things beyond reasonable doubt then, subject to the defence which I will conS

to ia a ponent, the offence would be established.

Mr. Martin Lee's amendment would add a fourth ingredient.

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