L-
THE HONGKONG GOVERNMENT GAZETTE, 26TH FEBRUARY, 1887.
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 defendant 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 who now is, or hereafter shall be a defendant 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 by his servant 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 whereof such civil or criminal proceeding shall have been commenced or prosecuted, was published by such person or by his servant, 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and every writ of process issued, shall be and shall be deemed and taken to be finally puten end to, determined, and superseded by virtue of this Ordmance.
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 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 of process issued therein, shall be and shall be deemed and taken to be finally put an end to, determined and superseded by virtue of this Ordinance.
13. It shall be lawful in any civil or criminal proceeding to be commenced or prosecuted for printing any extract from or abstract of such report, paper, votes, or proceedings, to give in evidence under the general issue in criminal cases, and in civil cases in support of any allegation in defence, such report, paper, votes, or proceedings, and to show that such extract or abstract was published bonâ fide and with- out malice; and if such shall be the opinion of the jury, a verdict of not guilty shall be entered for the defendant.
Newspaper Libels.
14. Any report published in any newspaper of the pro- ceedings of a public meeting shall be privileged, if such meeting was lawfully convened for a lawful purpose and open to the public, and if such report was fair and accurate and published without malice, and if the publication of the matter complained of was for the public benefit; provided always, that the protection intended to be afforded by this section shall not be available as a defence in any proceed- ing, if the plaintiff or prosecutor can show that the de- fendant has refused to insert in the newspaper in which the report containing the matter complained of appeared, a reasonable letter or statement or explanation or contradic- tion by or on behalf of such plaintiff or prosecutor.
On prosecu-
tion for private libel defendant entitled to costs on
acquittal.
(6 and 7 V. c. 96 s. 8.)
Stay of civil or criminal proceedings against person for publica- tion of
papers printed by order of the Colonial Council upon certificate and affidavit of authority to publish.
(3 and 4 Y. e. 9 s. 1)
Stay of proceedings when commenced in respect of a copy of an authenticated report, &c.
(3 and 4 V. c. 9. 8. 2.)
In proceedings for printing any extract or abstract of a paper it may be shown such extract was bona fide made. (3 and 4 V. c. 9 8.3.)
Newspaper reports of certain meetings privileged. (44 and 45 Y. c. 60 s. 2.)
187
No comments yet.
Private notes are available after approval.