TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 241

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for believing the truth of the news. It is therefore necessary, as is usual when a decision whether to prosecute has to be taken, to

consider whether an available defence might be established. It will

not be appropriate to prosecute under this section if at the

investigation stage there is reason to think that the person

publishing the news had reasonable grounds for believing in its

truth. It is important that those responsible for the publication

of news do not feel inhibited from publishing what they reasonably believe to be true, even if it is likely to alarm or disturb public

order, because they fear that if it turns out to be false they will

inevitably be obliged to justify their action in open court.

For

this reason, even when there is no apparent ground for supposing

that the person publishing had reasonable grounds for belief in the truth of the news, he should ordinarily be given an opportunity to explain how and why he came to publish before a decision is taken on

whether it is an appropriate case for prosecution".

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