TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 240

RESTRICTED

A

The section is aimed at the publication of blatant falsehoods.

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 the

general public or a section of it.

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. Although it is not necessary to prove that the publication actually caused public alarm or disorder, the Attorney General will only in the most exceptional

circumstances authorise a prosecution if no alarm or disorder in

Hong Kong appears to have resulted from the publication.

9.

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,

while it is in the first place for the prosecution to prove beyond

reasonable doubt that the accused published the news in question,

that it was false, and that it was likely to cause alarm, the case

will fall even if those elements are established, if the defendant

can show on a balance of probability that he had reasonable grounds

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