TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 226

na allaration of falsity not enough

&

Examples have been given of instances where a prosecution

might be brought against a publication which had published the results

of an investigation which the Government finds inconvenient. [The

example of the Watergate investigation was given.

1.]

P.14

器

It has to be remembered that the truth does not become a lie

simply because a person or organisation, even a Government, says it is a lie. In the unlikely event that a prosecuting authority this

omse the Attomey-General - laumabed a prosecution in such a ouse, the prosecution case would almost inevitably fail because it would be impossible difficult to prove beyond reasonable doubt (a heavy burden of proof) that the report was false. Further, the near cortainty of the failure of the prosecution on that point would make it highly unlikely that such a prosecution would be brought at all because its failure would achieve presisely the result that the Government would wish to avoid, namely the confirmation of the truth of the report. Membere with a literary turn of mind may recall that that is what happened to Oscar Wilde when be rued the Marquess of Queensberry for libel for saying rude things about hin; the result of the failure of that libel sation was that he himself was prosecuted, convicted and sent to prison.

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