586
Short title.
Interpreta-
tion of terms, 44 & 45 Viet. c. 60 s. 1.
Admissibility
in evidence.
in mitigation
action for
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1887.
1. This Ordinance may be cited as the Defamation and Libel Ordinance, 1887.
2. In this Ordinance, unless the context otherwise requires,
“Newspaper" means any paper containing public news, intelligence, or occurrences, or any remarks or observations therein, printed for sale, and published in the Colony periodically or in parts or numbers at intervals not exceeding twenty-six days between the publication of any two such papers, parts, or numbers; also any paper printed in order to be dispersed and made public weekly or oftener, or at intervals not exceeding twenty-six days, containing only or principally advertisements:
“Proprietor” means and includes as well the sole proprietor of any newspaper as also, in the case of a divided proprietorship, the persons who, as partners or otherwise, represent and are responsible for any share or interest in the newspaper as between themselves and the persons in like manner representing or responsible for the other shares or interests therein, and no other person:
“Information” includes indictment.
Defamation and Libel.
3. In any action for defamation it shall be competent to the defendant (after notice in writing of his intention to do so duly given to the plaintiff within a reasonable time before the trial of the cause) to give in evidence in mitigation of damages that he made or offered an apology to the plaintiff for such defamation before the commencement of the action or as soon afterwards as he had an opportunity of doing so in case the action has been commenced before there was an opportunity of making or offering such apology,
of defamation.
of offer
of apology. 6 & 7 Viet. c. 96 s. 1.
Right of
defendant in action for
absence of
malice, etc..
1. s. 2.
4. In an action for a libel contained in any public newspaper or other periodical publication, it shall be competent to the defendant to set up libel to plead as a defence that the libel was inserted in the newspaper or other periodical publication without actual malice and without gross negligence, and apology, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in the newspaper or other periodical publication a full apology for the libel, or, if the newspaper or other periodical publication in which the libel appeared is ordinarily 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 the action; and to such defence to the action it shall be competent to the plaintiff to reply generally denying the whole of such defence: Provided that it shall not be competent to any defendant in such action to set up any such defence as aforesaid without at the same time making
TESLA BRON, -
586
Short title.
Interpreta-
tion of terms, 44 & 45 Viet. c. 60 s. 1.
Admissibility
in evidence.
in mitigation
action for
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1887.
1. This Ordinance may be cited as the Defamation and Libel Ordi- nance, 1887.
2. In this Ordinance, unless the context otherwise requires,
“Newspaper" means any paper containing public news, intelligence, or occurrences, or any remarks or observations therein, printed for sale, and published in the Colony periodically or in parts or numbers at intervals not exceeding twenty-six days between the publication of any two such papers. parts, or numbers; also any paper printed in order to be dispersed and made public weekly or oftener, or at intervals not exceeding twenty-six days, containing only or princi- pally advertisements :
→ Proprietor“ means and includes as well the sole proprietor of any newspaper as also, in the case of a divided proprietorship, the persons who, as partners or otherwise, represent and are responsible for any share or interest in the newspaper as between themselves and the persons in like manner representing or responsible for the other shares or interests therein, and no other person:
• Information" includes indierment.
Defamation and Libel.
3. In any action for defamation it shall be competent to the defendant {after notice in writing of his intention to do so duly given to the plaint- of damages in iff within a reasonable time before the trial of the cause) to give in evidence in mitigation of damages that he made or offered an apology to the plaintiff for such defamation before the commencement of the action or as soon afterwards as he had an opportunity of doing so in case the action has been commenced before there was an opportunity of making or offering such apology,
defamation.
of offer
of apology. 6 & 7 Viet. c. 96 s. 1.
Right of
defendant in action for
absence of
malice, etc..
1. s. 2.
4. In an action for a libel contained in any public newspaper or other periodical publication, it shall be competent to the defendant to set up libel to plead as a defence that the libel was inserted in the newspaper or other periodical publication without actual malice and without gross negligence. and apology. and that before the commencement of the action, or at the earliest oppor- tunity afterwards, he inserted in the newspaper or other periodical publication a full apology for the libel, or, if the newspaper or other periodical publication in which the libel appeared is ordinarily 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 the action; and to such defence to the action it shall be competent to the plaintiff to reply generally denying the whole of such defence: Provided that it shall not be competent to any defendant in such action to set up any such defence as aforesaid without at the same time making
TESLA BRON, -
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