GRS 1100
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1534
OF 220755Z APRIL 87
135)
CONFIDENTIAL
TOP
Q DI
YOUR TELNO 1108. PUBLIC ORDER (AMENDMENT) ORDINANCE
APPENDED BELOW ARE THE DRAFT PROSECUTION GUIDELINES RELATING TO S. 27 PUBLIC ORDER ORDINANCE.
HUD 30/
3011
''TO : ALL COUNSEL IN PROSECUTION DIVISION
22 APR 1987
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 PROSEC- UTION SHOULD BE BROUGHT UNDER THE NEW SECTION 27 OF THE PUBLIC ORDER ORDINANCE (CAP. 245) WHICH CAME INTO FORCE ON 13 MARCH 1987. THIS CIRCULAR HAS, OF COURSE, NO STATUS IN LAW SEMI-COLON IT IS INTENDED TO PROVIDE GUIDANCE TO THOSE CALLED UPON TO GIVE ADVICE TO THE ATTORNEY GENERAL SEMI-COLON IT IS NOT AN EXHAUSTIVE STATEMENT OF
ERAL
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 DOLLARS 100,000
AND TO IMPRISONMENT FOR 2 YEARS SEMI-COLON AND
(B) ON SUMMARY CONVICTION, TO A FINE OF DOLLARS 30,000 AND TO
IMPRISONMENT FOR 6 MONTHS.
(2) IT SHALL BE A DEFENCE TO A CHARGE UNDER SUBSECTION (1) FOR
THE PERSON CHARGED TO PROVE THAT HE HAD REASONABLE GROUNDS FOR
BELIEVING THAT THE NEWS TO WHICH THE CHARGE RELATES WAS TRUE.
(3) NO PROSECUTION FOR AN OFFENCE UNDER THIS SECTION SHALL
BE COMMENCED WITHOUT THE CONSENT OF THE ATTORNEY GENERAL.''
3. THE AUTHORITY TO CONSENT TO A PROSECUTION UNDER THIS SECTION
WILL BE RESERVED TO THE ATTORNEY GENERAL PERSONALLY. HIS DECISION
SHOULD BE SOUGHT BY WAY OF MEMORANDUM IN WRITING FROM THE COUNSEL
CONCERNED. WITH SUPPORTING DOCUMENTATION. THE FOLLOWING ARE THE
MATTERS WHICH THE ATTORNEY GENERAL WILL BE LOOKING FOR IN THE
MEMORANDUM.
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