TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 224

MART

797 16:16 TIE (OOU) HK GOWT

C

Oneobot1oz that han be wade to the struture of the

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

grounds to believe the truth of the nove, 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 arise if the

prosecution had first established the three ingredients of the offence.

tual lich an arise in other contezte as

well so not contini to Journalists. Others whose prorassional

1

othlon Quire then to dentality, such an polects and

doctorns may sino find themselves asked questions in court about theso

matters. In practice the courts has alwaye bantley Bush situatione

with great sensitivity. Whe court will first determine wheth the

Question really needs to ho answered for the purpose of Boise justice

If it does, then the court will, if the witness ac

ve

requests, allow him to write down the uomo, or whever it dvy and that piece of paper will be shown only to those who need to see it, evg, that if the judge or magistrate, the jury (if there is one) and coimsel.

The court can direct that the person whose name is written on the paper #ball thereastor be referred to as "Mr.Kand that nothing shall be

said in court which might reveal his identity. This is a well-tried

prooedure which works well, even where it is the witness himself whe

$

yhty, for arampie tho viotan of blackmall or a prosecution

deprisals

otosray from the derandast friends.

P.12