TNAG-1811-FCO40-2572-Hong-Kong-Societies-(Amendment)-Ordinances-1988-1988 — Page 175

A298

Ord. No. 57/88

Empanelling of jury

COMPLEX COMMERCIAL CRIMES

(d) the names of counsel and solicitors engaged in the proceedings; (e) where the hearing is adjourned, the date to which it is adjourned; (ƒ) any arrangements as to bail on adjournment;

(g) whether legal aid was granted to the accused.

(6) If a report is published or broadcast in contravention of this section, the following persons-

(a) in the case of publication of a written report as part of a newspaper, any proprietor, editor, printer, publisher or distributor thereof;

(b) in the case of publication of a written report otherwise than as part

of a newspaper, the person who publishes or distributes it;

(c)

in the case of a broadcast of a report, any person who transmits or provides the programme in which the report is broadcast and any person having functions in relation to the programme correspon- ding to those of the editor of a newspaper,

shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months.

(7) Proceedings for an offence under this section shall not be instituted. otherwise than by or with the consent of the Attorney General.

(8) In this section-

"broadcast" means sounds or visual images broadcast by wireless tele- graphy or by means of a high frequency distribution system over wires, or other paths provided by a material substance and intended for general reception;

"editor" means the chief editor if there are more editors than one, and includes any person acting as chief editor or performing any of the usual functions of a chief editor;

"newspaper" means any paper or other publication and any supplement

thereto available to the general public which—

(a) contains news, intelligence, occurrences or any remarks, observ- ations or comments in relation to such news, intelligence, or occurrences or to any other matter of public interest; and

(b) is printed or produced for sale or free distribution and published either periodically (whether half-yearly, quarterly, monthly, fort- nightly, weekly, daily or otherwise) or in parts or numbers at intervals not exceeding 6 months;

"proprietor" includes lessee;

"publish", in relation to a report, means publish the report, either by itself

or as part of a newspaper, for distribution to the public.

Jury

20. At the conclusion of a preparatory hearing, unless the accused is discharged under section 22, the judge shall order that the jury be em- panelled and the trial shall proceed before the judge and jury.