TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 238

ME 2ATU

RESTRICTED

HONG KONG PUBLIC ORDER (AMENDMENT) ORDINANCE

DRAFT GUIDELINES FOR USE BY ATTORNEY GENERAL'S STAFF IN

INTERPRETING THE ORDINANCE

"ΤΟ :

ALL COUNSEL IN PROSECUTION DIVISION

S. 27 PUBLIC ORDER ORDINANCE

CAP. 245

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 87.

This circular has, of course, 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 -

(A) on conviction on indictment, to a fine of $100,000 and to

imprisonment for two years; and

(B) on summary conviction, to a fine of $30,000 and to

imprisonment for six months.

RESTRICTED