TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 209

7 87 16:11 TIBCOOU) HK GOVT

In the Control of Publications Consolidation

Ordinance, which was amended and retitled this afternoon,

the "false news" offence under section 6 imposed strict

liability on the "malicious publication in

publication in any local

newspaper of false news which would be likely to alarm

public opinion or disturb public order" and for

.

the

purposes of that section, "malice would have been presumed

in default of evidence showing that, prior to publication,

the accused took reasonable measures to verify the truth

of the news". This would have meant that a person charged

under this section would have been required to prove that

he had token reasonable measures to ascertain the

truthfulness of his story and that he had no malicious

intent. The Public Order (Amendment) Bill published on 19

December 1986 proposed the transfer of the "false news"

offence to the new section 27 of the Public Order

Ordinance in exactly the some' terms except on the level of

fines.

During discussions with the Legislative Council

Ad Hoc Group, the point was made to the administration

that "malice" should not be a necessary ingredient in the

offence, because the Government's concern was in the oct

of having false news published and not its intent. The suggestion was also made in the Ad Hoc Group that since

the primary objective of the proposed mendment is to

maintain public order. i.e. not to disturb it. It would

not be equitable to penalize only local newspapers.

At

P.5