663517-1887-Ordinance-5-of-1887-assented-to — Page 1

DIE

SOTT

QUI MAL

MON

DROIT

THE HONGKONG .

Government Gazette.

報 py 轅 港 香

Published by Authority.

No. 9.

號九第 日四初月二年亥丁

VICTORIA, SATURDAY, 26TH FEBRUARY, 1887., VOL. XXXIII.

日六十二月二年七十八百八千一 簿三十三第

GOVERNMENT NOTIFICATION.-No. 73.

His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of the Queen, to the following Ordinance passed by the Legislative Council:-

Ordinance No. 5 of 1887.-An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, entitled An Ordinance

to amend the Law respecting Defamatory Words and Libel.

By Command,

Colonial Secretary's Office, Hongkong, 22nd February, 1887.

LS

W. H. MARSH.

No. 5 OF 1887.

FREDERICK STEWART,

Acting Colonial Secretary.

An Ordinance enacted by the Governor of Hong- kong, with the advice of the Legislative Council thereof, entitled An Ordinance to amend the Law respecting Defamatory Words and Libel.

[22nd February, 1887.]

E it enacted by the Governor of Hongkong, with the

Badvice of the Legislative Council thereof, as follows

1. This Ordinance may be cited for all purposes as "The Defamation and Libel Ordinance, 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No. 3 of 1854 as relates to the Act passed in the 6th and 7th years of Her Present Majesty chapter ninety-six is hereby repealed, but such repeal shall not affect anything lawfully done or suffered thereunder.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

Title.

Short title.

Repeal of No. 3 of 1854 (in pt.)

Offer of an apology ad- missible in evidence in mitigation of damages in action or suit for defama- tion. (6 and 7 V. c. 96 s. 1.)

Flea of absence of malice, &c., und of apology (6 and 7 V. c. 96 8. 2.)