TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 131

May 05 187 15:32 TIBCOOU) HK GOUT

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7.

(2) Where it is proved that the person charged with an offence under this section

published or gave false information, it shall

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until the contrary is proved, be presumed that he knew such information to be false.

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The old section 30 in the Public Order Ordinance

was a more formidable provision than section 6 of the

Control of Publications Consolidation Ordinance in certain

respects, but in particular

7.

(a) It covered not only written publications but also

private communications, both oral and written (and by any other means);

(b) Prosecution under section 6 could not be

initiated without the consent in writing of the Attorney General, whereas there was no such

restriction in relation to section 30

prosecutions; and

(c) There was a striking difference between the

maximum sentences under the two sections, the section 30 maxima being much greater. (The maximum fines under the new 'false news' provision have been updated but the maximum prison sentences are still much lower than under the old section 30.)

It was decided that it was unnecessary to retain

both provisions; that if either of the two needed to be retained it should be section 6; and that section 30 should be redrawn so as to limit its scope to its intended purpose i.e. dealing with bomb hoaxes. It was further decided, for the reasons which follow, that the substance

of section 6 should be retained but transferred to the

Public Order Ordinance. Both amendments were accordingly enacted in the Public Order (Amendment) Bill.

P.S