TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 5

C

1979 Ed.]

Control of Publications Consolidation

[CAP. 268

5

make under section 14(3), and in such event the provisions of section 14(4) shall apply in lieu of the provisions of subsection (5) of this section.

5. (1) If it appears to the Governor in Council that the importation of any particular publication or of any publication of a particular kind or character is calculated or is likely to be prejudicial to the security of the Colony or the prevention of crime or to the maintenance within the Colony of public order, safety, health or morals, he may by order prohibit the importa- tion thereof.

(2) Whenever the publication, the importation of which is prohibited, is a periodical publication any such order shall until it is revoked operate as a prohibition of the importation of any future issue thereof but shall not operate as a prohibition of the importation of any past issue thereof unless the order or any subsequent order expressly so provides.

(3) Whenever the importation of a publication has been prohibited it shall be an offence against this Ordinance to sell, offer for sale, distribute or be in possession of the same or any extract thereof in the Colony:

Provided that a person shall not commit an offence if- (a) in the case of a periodical publication he sells, distributes or is in possession of past issues, the importation where- of has not been prohibited;

(b) in the case of a publication of a particular kind or character he satisfied a Court or a magistrate that he was unaware and had no reason to believe that the publication was of such kind or character;

(c) in the case of any publication he was in possession for so long only as was reasonably necessary to deliver the same to the nearest police station.

6. (1) It shall be an offence against this Ordinance maliciously to publish in any local newspaper false news which is likely to alarm public opinion or disturb public order. No prosecution for any such offence shall be initiated without the consent in writing of the Attorney General.

(2) For the purposes of this section, malice shall be pre- sumed in default of evidence showing that, prior to publication, the accused took reasonable measures to verify the truth of the

news.

7. (1) Every local newspaper shall be registered in accord- ance with the regulations made in that behalf under section 18 and a contravention of this provision shall constitute an offence against this Ordinance. Without prejudice to the provisions of subsection (7), no newspaper shall, without the consent of the Governor in

Power to

prohibit importation of publications.

Malicious publication of false news to constitute an offence.

Registration of newspapers and security therefor.