TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 102

as reports of what someone else has said. Genuine reports of "unconfirmed rumours circulating..." are themselves

'news' and, if true, will be unobjectionable even if the rumours are false. Similarly, if a public figure has made a certain statement, a report that that public figure has made that statement will be true even if the statement itself is false. In every case, the question is: what is the fact being asserted?

6.

Secondly, the Attorney General will look at all the credible and admissible evidence available to the Crown to assess the likelihood of proving beyond reasonable doubt that the news was false. If a person who is under investigation for a suspected offence against section 27 continues to maintain that the news is true, the evidence of falsity must be examined and tested with particular care. The section is aimed at the publication of blatant

falsehoods. A prosecution will not be authorised where the truth is uncertain, and falsity cannot be proved beyond question.

7. Thirdly, the publication must have made the false news generally known to members of the public, it must anyhow be borne in mind that a likelihood of causing public alarm or disturbing public order must be shown. Conversations and speeches in private fall outside the scope of public order legislation unless the person uttering the false news was clearly aware or intended that his utterances would become generally known to members of the public. Even public speeches may not have the effect of making news generally known unless made to large audiences or, again, the speaker clearly knew or intended that his utterances would reach a wider public.

8. Fourthly, there must be evidence to establish a likelihood of alarm to the public or a section thereof or disturbance to public order occasioned by publication of the false news. Whilst it is not necessary to show a likelihood of alarm to all the public, the Attorney General will normally not be concerned if the impact is or may be on an insignificant section only. Only stories which are of a highly sensational or scaremongering character will qualify as likely to cause alarm. Further, it will be necessary to be able to show that it was that part of the news that was false that caused the likelihood of public alarm or disorder, thus, for example, the publication of alarming news that is essentially true, but is inaccurate in minor or inessential respects does not contravene the section, although it is not necessary to prove that the publication actually caused public alarm or disorder, the Attorney General is not likely to authorise a prosecution if no alarm or disorder in Hong Kong appears to have resulted from the publication.

SJAAON