TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 170

་་

9. FINALLY, THE EFFECT OF SECTION 27 IS TO RENDER LIABLE TO CRIMINAL SANCTIONS THOSE WHO PUBLISH FALSE NEWS OF THE KIND DESCRIBED IF THEY HAVE NO REASONABLE GROUNDS FOR BELIEVING THE NEWS TO BE TRUE. THUS, EVEN IF THE PROSECUTION IS ABLE TO PROVE BEYOND REASONABLE DOUBT THAT THE ACCUSED PUBLISHED THE NEWS IN QUESTION, THAT IT WAS FALSE AND THAT IT WAS LIKELY TO CAUSE PUBLIC ALARM OR DISORDER, THE CASE WILL NEVERTHELESS FAIL IF THE DEFENDANT CAN SHOW ON A BALANCE OF PROBABILITIES THAT HE HAD REASONABLE GROUNDS FOR BELIEVING THAT THE NEWS WAS TRUE. IT IS NECESSARY TO CONSIDER WHETHER THIS DEFENCE MIGHT BE ESTABLISHED.

10. IT IS IMPORTANT THAT THOSE RESPONSIBLE FOR THE PUBLICATION OF NEWS SHOULD FEEL FREE TO PUBLISH WHAT THEY REASONABLY BELIEVE TO BE TRUE, EVEN IF IT IS LIKELY TO CAUSE PUBLIC ALARM OR DISTURB PUBLIC ORDER. THEY MUST NOT, THEREFORE, BE MADE TO FEEL THAT IF THE NEWS TURNS OUT TO BE FALSE THEY WILL INEVITABLY BE OBLIGED TO JUSFIFY THEIR ACTION IN OPEN COURT, FOR THIS REASON, THE PERSON PUBLISHING SHOULD ORDINARILY BE GIVEN AN OPPORTUNITY TO EXPLAIN AT THE INVESTIGATION STAGE HOW AND WHY HE CAME TO PUBLISH BEFORE A DECISION IS TAKEN ON WHETHER IT IS AN APPROPRIATE CASE FOR PROSECUTION. IT WILL NOT BE APPROPRIATE TO PROSECUTE UNDR THIS SECTION IF AT THAT STAGE THERE IS REASON TO THINK THAT THE PERSON PUBLISHING THE NEWS HAD REASONABLE GROUNDS FOR BELIEVING IN ITS TRUTH.

WILSON

HMLNAN 2272

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR MCLAREN

MR GILLMORE

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

-3

CONFIDENTIAL