538
Evidence to rebut primā facie case of publication by agent. 6 & 7 Vict. c. 96 s. 7.
Right of prosecutor and of defendant to costs on prosecution for private libel.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1887.
plea and by the evidence given to prove or to disprove the same: Provided that the truth of the matters charged in the alleged libel complained of by the 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, further, that nothing in this Ordinance shall take away or prejudice any defence under a plea of not guilty which it is now competent to the defendant to make under such plea to any information for defamatory words or libel.
9. Whenever, on the trial of any information for the publication of a libel, under the plea of not guilty, evidence has been given which establishes a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to the defendant to prove that the publication was made without his authority, consent, or knowledge, and that the publication did not arise from want of due care or caution on his part.
10.—(1.) In the case of any information at the instance of a private prosecutor for the publication of any defamatory libel, if judgment is given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of the information. and, upon a special plea of justification to the information, if the issue is found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea. Ib. s. 8.
Stay of proceedings against person for publication of papers printed by order of Legislative Council upon certificate and affidavit of authority to publish. 3 & 4 Vict. c. 9 s. 1.
(2.) Costs so to be recovered by the defendant or prosecutor respectively shall be taxed by the proper officer of the Court before which the information is tried.
Libel in Report, etc., of Legislative Council.
11. It shall be lawful for any person who is a defendant in any civil or criminal proceeding, in whatever manner commenced or prosecuted, for or on account or in respect of the publication by such person or by his servant of any report, paper, vote, or proceeding of the Legislative Council of the Colony by or under the authority of such Council, to bring before the Court in which such proceeding has been commenced or prosecuted or before any Judge of the same, first giving twenty-four hours' notice of his intention to do so to the plaintiff or prosecutor in such proceeding, a certificate under the hand of the Governor, or of the presiding member of such Council for the time being, or of the Clerk of such Council stating that the report, paper, vote, or proceeding, as the case may be, in respect whereof the civil or criminal proceeding has 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
538
Evidence to rebut primā facie case of publication by agent. 6 & 7 Vict.
c. 96 s. 7.
Right of prosecutor and of de. fendant to
costs on pro- secution for
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1887.
plea and by the evidence given to prove or to disprove the same: Provided that the truth of the matters charged in the alleged libel com- plained of by the 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, further, that nothing in this Ordinance 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. Whenever, on the trial of any information for the publication of a libel, under the plea of not guilty, evidence has been given which establishes a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to the defendant to prove that the publication was made without his authority, consent, or knowledge, and that the publication did not arise from want of due care or caution on his part.
10.—(1.) In the case of any information at the instaner of a private prosecutor for the publication of any defamatory libel, if judgment is given for the defendant, he shall be entitled to recover from the pro- secutor the costs sustained by the defendant by reason of the information. private libel. and, upon a special plea of justification to the information, if the issue is found for the prosecutor, he shall be entitled to recover from the defend- ant the costs sustained by the prosecutor by reason of such plea.
Ib. s. 8.
Stay of proceedings against person for publication of papers printed by order of Legislative
Council upon
certificate
and affidavit of authority to publish. 3 & 4 Viet.
c. 9 s. 1.
(2.) Costs so to be recovered by the defendant or prosecutor re- spectively shall be taxed by the proper officer of the Court before which the information is tried.
Libel in Report, etc., of Legislative Council.
11. It shall be lawful for any person who is a defendant in any civil or criminal proceeding, in whatever manner commenced or prosecuted, for or on account or in respect of the publication by such person or by his servant of any report, paper, võte, or proceeding of the Legislative Council of the Colony by or under the authority of such Council, to bring before the Court in which such proceeding has been commenced or prosecuted or before any Judge of the same, first giving twenty-four hours' notice of his intention to do so to the plaintiff or prosecutor in such proceeding, a certificate under the hand of the Governor, or of the presid- ing member of such Council for the time being, or of the Clerk of such Council stating that the report, paper, vote, or proceeding, as the ease may be, in respect whereof the civil or criminal proceeding has been commenced or prosecuted, was published by such person or by his ser- vant by order or under the authority of such Council, together with an
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