TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 223

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provision were upended sa proposed by Mr. Bee, it would lie virtually

useless on the statute book because the prosecution would rarely, ad

then only by chance, be able to find the evidence to

prove the

2000ae8zy knowledge or recklessness,

However, the Administration recognise that it would not be

right to impose strict liability for the publicstion of false news,

even where the publication is of much a sensational character as to

fall within the definition of the offence. There is therefore a

defence provided whereby if the publisher can show that, at the time

of publication, he had reasonable grounds for believing that the news

wee true, he will be entitled to be asquitted. As is usual with

statutory defences, and there are many of them on the statute book,

the burden of proving that defence rests upon the defendant, but be

does not have to discharge that burden 'beyond reasonable doubt' as

does the prosecution. It is well established that where a burden of

proof lies on the defendant in oriminal proceedings it is disobarged

if be om prove it on a balance of probabilities, in other worda 1:

it is more likely them not.

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