663160-1887-Bills-read-Statute-Law-Revision-Defamation-and-Libel — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.

A BILL

ENTITLED

An Ordinance to amend the Law respecting

BE

Defamatory Words and Libel.

E it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :- 1. This Ordinance may be cited for all purposes as "The Defamation and Libel Ördinance, 1887.”

2. So much of Ordinance No. 3 of 1854 as relates to the Act passed in the 6th and 7th years of Her Present Majesty chapter ninety-six is hereby repealed, but such repeal shall not affect anything lawfully donc or suffered thereunder.

3. In any action or suit for defamation it shall be lawful for the defendant (after notice in writing of his intention so to do, duly given to the plaintiff within a reasonable time before the hearing of the cause) to give in evidence in miti- gation of damages that he made or offered an apology to the plaintiff for such defamation before the commencement of the action or suit or as soon afterwards as he had an opportunity of doing so in case the action or suit shall have been commenced before there was an opportunity of making or offering such apology.

4. In an action or suit for a libel contained in any public newspaper or other periodical publication it shall be com- petent to the defendant to set up as a defence that such libel was inserted in such newspaper or other periodical publication without actual malice, and without gross negli- gence, and that before the commencement of the action or suit or at the earliest opportunity afterwards, he inserted in such newspaper or other periodical publication a full apology for the said libel, or if the newspaper or periodical publication in which the said libel appeared should be ordi- narily published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff in such action or suit or that to such defence to such action or suit it shall be competent to the plaintiff to reply generally denying the whole of such defence provided always that it shall not be competent to any defendant in such action or suit to file any such defence as aforesaid without at the same time making a payment of money into Court by way of amends and every such defence so filed without such pay- ment into Court shall be deemed a nullity and may be treated as such by the plaintiff in the action or suit.

5. If any person shall publish or threaten to publish any libel upon any other person, or shall directly or indirectly threaten to print or publish, or shall directly or indirectly propose to abstain from printing or publishing any matter or thing touching any other person with intent to extort any money or security for money, or any valuable thing from such or any other person, or with intent to induce any person to confer or procure for any person any appoint- ment or office of profit or trust, every such offender, on being convicted thereof on information shall be liable to impri- soument with or without hard labour, for any term not ex- ceeding three years; provided always, that nothing herein contained shall in any manner alter or affect any law or Ordi- nance now in force in respect of the sending or delivery of threatening letters or writings.

6. If any person shall maliciously publish any defamatory libel, knowing the same to be false every such person, being convicted thereof shall be liable to imprisonment for any term not exceeding two years, and to pay such fine as the Court shall award.

7. If any person shall maliciously publish any defamatory libel, every such person, being convicted thereof shall be liable to me or imprisonment, or both as the Court may award, such imprisonment not to exceed the term of one year,

8. On the trial of any information for a defamatory libel, the defendant having pleaded such plea as hereinafter men- tioned the truth of the matters charged may be inquired into, but shall not amount to a defence, unless it was for the public benefit that the said matters charged should be published; and that to entitle the defendant to give evi- dence of the truth of such matters charged as a defence to

Title.

Short title.

Report of No. 3 of 1854 (iu pt.)

Offer of an apology ad- missible in evi lence in mitigation

of damages in Action or suit for defama- tion.

(6 and 7 V. c. 96 u. 1.)

Plea of absence of malice, &c., and of apology. (6 and 7 V. a. 96 s. 2.)

Pashing or threatening

to publish a libet or pro- posing to abstain from publishing any thing with intent to extort money,

hy

punishment

· and hard labour. (6 and 7 V. C. 96 8.3.)

False defama- tory libel punishable by imprison- ment and fine. (6 and 7 Y. c. 96 E. 4.)

Malicious defamatory

thel, by imprisonment

or fine. (6 and 7 V. c. 96 B. 5,)

Proceeding^ upon the trial of an Informa tion for defamatory libel. (6 and 7 V. c. 96 8. 6.)

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