TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 200

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One objection that has bem made to the structure of the

offece is that in order to establish the defence of having reasonable

grounds to believe the truth of the news, journalists may have to reveal

their sources, thereby breaking one of the ethical rules of their

profession. That could certainly happen in some cases, where the

information has been given on condition of anonymity, although of

douree the need to rely on the defence at all would only aries if the

prosecution had first established the three ingredients of the offense.

2.

do

This is a situation which can arise in other contexte sa

well, and if is not confined to journalists. Others whose professional

ethios require then to preparve confidentiality, such as priests and

doctors, may also find themselves asked questions in court about these

aettera. In practice the courts have always handled such situations

with great sensitivity. The court will first determine whether the

question really needs to be answered for the purpose of doing justice

in the casO. If it does, then the court will, if the witness so

requests, allow him to write down the name, on whatever it is, and that

piece of paper will be shown only to those who need to see it, us that

if the judge or magistrate, the jury (if there is one) and counsel. The sourt can direct that the pemon whose name ie written on the paper

shall theroafter be referred to as 'r, X', and that nothing shall be

said la court which might reveal his identity. This is a well-tried precedura vhiob works well, even where it is the witness himself who

嘉

seeks anonymity, for example the victim of blackmail or a prosecution

Abwizals

Wispers who fears/from the defendant's friendië.

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