22
THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
Proviso as to plea of not guilty in civil and criminal proceedings.
Evidence to rehut prima facie case of publication by an agent.
16 and 7 V. c. 96 s. 7.)
On prosecu- tion for private libel defendant entitled to costs on acquittal.
(6 and 7 V. o.
96 s. 8.)
Stay of civil
or criminal proceedings
against person for publica- tion of
of papers printed by order of the Colonial
Council upon certificate and affidavit of authority to publish.
(3 and 4
9 8. 1.)
V. c.
Stay of proceedings
when commenced in respect of a copy of an authenticated report, &c. (3 and 4
V. c. 9. s. 2.)
such information it shall be necessary for the defendant, in pleading to the said information, to allege the truth of the said matters charged in the manner now required in alleging a justification to any action or suit of defamation, and fur- ther to allege that it was for the public benefit that the said matters charged should be published, and the particular fact or facts by reason whereof it was for the public benefit that the said matters charged should be published, to which plea the prosecutor shall be at liberty to reply generally deny- ing the whole thereof; and if after such plea the defendant shall be convicted on such information it shall be com- petent to the Court, in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the said plea and by the evidence given to prove or to disprove the same: provided always, that the truth of the matters charged in the alleged libel complained of by such information shall in no case be inquired into without such plea of justification: provided also, that in addition to such plea it shall be competent to the defendant to plead a plea of not guilty: provided also, that nothing in this Ordinauce contained shall take away or prejudice any defence under a plea of not guilty which it is now com- petent to the defendant to make under such plea to any information for defamatory words or libel.
9. Whensoever, upon the trial of any information for the publication of a libel, under the plea of not guilty evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publication was made without his authority, consent, or knowledge, and that the said publication did not arise from want of due care or caution on his part.
10. In the case of any information at the instance of a private prosecutor for the publication of any defamatory libel, if judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs sus- tained by the said defendant by reason of such information and upon a special plea of justification to such information, if the issue be found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea, such costs so to be re- covered by the defeudant or prosecutor respectively to be taxed by the proper officer of the Court before which the said information is tried.
11. It shall and may be lawful for any person or persons who now is, or are, or hereafter shall be a defendant or de- fendants in any civil or criminal proceedings commenced or prosecuted in any manner soever, for or on account or in respect of the publication by any such person or persons or by his, her, or their servant or servants of any reports, papers, votes, or proceedings of the Legislative Council of the Colony by or under the authority of such Council, to bring before the Court in which such proceeding shall have: been or shall be so commenced or prosecuted, or before any judge of the same first giving twenty-four hours' notice of his intention so to do to the prosecutor or plaintiff in such proceeding, a certificate under the hand of the Governor or the presiding member of such Council for the time being or of the Clerk of the Council stating that the report, paper, votes, or proceedings as the case may be, in respect where- of such civil or criminal proceeding shall have been com- menced or prosecuted, was published by such person or persons or by his, her, or their servant or servants, by order or under the authority of such Council together with an affidavit verifying such certificate; and such Court or judge shall thereupon immediately stay such civil or criminal proceeding, and the same, and every writ of
process issued, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded by virtue of this Ordi-
nance.
12. In case of any civil or criminal proceeding hereafter to be commenced or prosecuted for or on account or in respect of the publication of any copy of such report, paper, votes, or proceedings, it shall be lawful for the defendant or defendants at any stage of the proceedings to lay before the Court or judge such report, paper, votes, or proceedings, and such copy, with an affidavit verifying such report, paper, votes, or proceedings, and the correctness of such copy, and the Court or judge shall immediately stay such civil or criminal proceeding; and the same, and every writ
No comments yet.
Private notes are available after approval.