TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 101

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REULIVER

13 MAY 1907

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To : All counsel in Prosecutions Divisions

S.27 Public Order Ordinance Cap. 245

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REGISTRY

Action Taken

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1. The purpose of this circular is to state the approach which the Attorney General intends to adopt when deciding whether a prosecution should be brought under the new section 27 of the Public Order Ordinance (Cap. 245) which came into force on 13 March 1987. This circular has, of

no status in law, it is intended to provide guidance to those called upon to give advice to the Attorney General, it is not an exhaustive statement of the law nor can it cover every conceivable situation.

2.

Section 27 provides as follows:

"(1) Any person who publishes false news which is likely to cause alarm to the public or a section thereof or disturb public order shall be guilty of an offence and shall be liable

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(A) on conviction on indictment, to a fine of dollars 100,000 and to imprisonment for 2 years: and

(B) on summary conviction, to a fine of dollars 30,000 and to imprisonment for 6 months.

(2) It shall be a defence to a charge under subsection (1) for the person charged to prove that he had reasonable grounds for believing that the news to which the charge reiates was true.

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(3) No prosecution for an offence under this section shall be commenced without the consent of the Attorney General.

3. The authority to consent to a prosecution under this section will be reserved to the Attorney General personally. His decision should be sought by way of a memorandum in writing from the counsel concerned, with supporting documentation. The following are the matters which the Attorney General will take into account.

4. First, he will need to be satisfied that what has been published is news: ie that it would be taken by those who heard or read it to be an assertion of fact by the person 'news'. A mere publishing and can fairly be described as expression of comment or opinion will not amount to 'news'. The Attorney General will apply the distinction made 60 years ago by C P Scott, former Editor of the Manchester Guardian: 'Comment is free but facts are sacred".

5. A distinction must be drawn between statements which are presented as being true and those which are merely presented

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