1950_DEFAMATION_AND_LIBEL_ORDINANCE — Page 1

HK Historical Laws 香港歷史法例 All AI Reviewed

Defamation and Libel.

[CAP. 21

CHAPTER 21.

DEFAMATION AND LIBEL.

To amend the law respecting defamatory words and libel.

[22nd February, 1887.]

Originally

5 of 1887. Fraser

1 of 1887.

1.

This Ordinance may be cited as the Defamation

Short title.

and Libel Ordinance.

In this Ordinance-

"information" includes indictment;

Interpretation.

44 & 45 Vict. c. 60, s. 1.

"newspaper" and "proprietor" have the same meanings

respectively as in the Printers and Publishers Ordin-

(25 of 1927.)

ance, 1927; and "newspaper" includes any other periodical publication;

"report of the Legislative Council" includes any report,

paper, vote or other proceeding of the Council;

3.

in evidence,

of damages

defamation,

of apology.

c. 96, s. 1.

6 & 7 Vict.

In any action for defamation it shall be competent

Admissibility

to the defendant (after notice in writing of his intention to

in mitigation

do so duly given to the plaintiff within a reasonable time

in action for

before the trial of the cause) to give in evidence in mitiga-

tion 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.

defendant in

Right of action for absence of and apology.

libel to plead

malice, etc.

6 & 7 Vict. c. 96, s. 2. 8 & 9 Vict..

4. In an action for a libel contained in any public

newspaper it shall be competent to the defendant to set up

as a defence that the libel was inserted in the newspaper

without actual malice and without gross negligence, and

that before the commencement of the action, or at the

earliest opportunity afterwards, he inserted in the news-

.75, 3, 2.

paper a full apology for the libel, or if the newspaper in

which the libel appeared is ordinarily published at intervals

exceeding one week, had offered to publish the said apology

in any newspaper 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

407

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Defamation and Libel. [CAP. 21 CHAPTER 21. DEFAMATION AND LIBEL. To amend the law respecting defamatory words and libel. [22nd February, 1887.] Originally 5 of 1887. Fraser 1 of 1887. 1. This Ordinance may be cited as the Defamation Short title. and Libel Ordinance. In this Ordinance- "information" includes indictment; Interpretation. 44 & 45 Vict. c. 60, s. 1. "newspaper" and "proprietor" have the same meanings respectively as in the Printers and Publishers Ordin- (25 of 1927.) ance, 1927; and "newspaper" includes any other periodical publication; "report of the Legislative Council" includes any report, paper, vote or other proceeding of the Council; 3. in evidence, of damages defamation, of apology. c. 96, s. 1. 6 & 7 Vict. In any action for defamation it shall be competent Admissibility to the defendant (after notice in writing of his intention to in mitigation do so duly given to the plaintiff within a reasonable time in action for before the trial of the cause) to give in evidence in mitiga- tion 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. defendant in Right of action for absence of and apology. libel to plead malice, etc. 6 & 7 Vict. c. 96, s. 2. 8 & 9 Vict.. 4. In an action for a libel contained in any public newspaper it shall be competent to the defendant to set up as a defence that the libel was inserted in the newspaper without actual malice and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in the news- .75, 3, 2. paper a full apology for the libel, or if the newspaper in which the libel appeared is ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper 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 407 www
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Defamation and Libel. [CAP. 21 CHAPTER 21. DEFAMATION AND LIBEL. To amend the law respecting defamatory words and libel. [22nd February, 1887.] Originally 5 of 1887. Fraser 1 of 1887. 1. This Ordinance may be cited as the Defamation Short title. and Libel Ordinance. In this Ordinance- "information" includes indictment; Interpretation. 44 & 45 Vict. c. 60, s. 1. "newspaper" and "proprietor" have the same meanings respectively as in the Printers and Publishers Ordin- (25 of 1927.) ance, 1927; and "newspaper" includes any other periodical publication; "report of the Legislative Council" includes any report, paper, vote or other proceeding of the Council; 3. in evidence, of damages defamation, of apology. c. 96, s. 1. 6 & 7 Vict. In any action for defamation it shall be competent Admissibility to the defendant (after notice in writing of his intention to in mitigation do so duly given to the plaintiff within a reasonable time in action for before the trial of the cause) to give in evidence in mitiga- tion 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. defendant in Right of action for absence of and apology. libel to plead malice, etc. 6 & 7 Vict. c. 96, s. 2. 8 & 9 Vict.. 4. In an action for a libel contained in any public newspaper it shall be competent to the defendant to set up as a defence that the libel was inserted in the newspaper without actual malice and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in the news- .75, 3, 2. paper a full apology for the libel, or if the newspaper in which the libel appeared is ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper 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 : 407 www
2026-05-03 20:04:11 · Baseline
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Defamation and Libel.

[CAP. 21

CHAPTER 21.

DEFAMATION AND LIBEL.

To amend the law respecting defamatory words and libel.

[22nd February, 1887.]

Originally

5 of 1887. Fraser

1 of 1887.

1.

This Ordinance may be cited as the Defamation Short title.

and Libel Ordinance.

In this Ordinance-

"information" includes indictment;

Interpretation.

44 & 45 Vict. c. 60, s. 1.

"newspaper" and "proprietor" have the same meanings

respectively as in the Printers and Publishers Ordin- (25 of 1927.) ance, 1927; and "newspaper" includes any other periodical publication;

"report of the Legislative Council" includes any report,

paper, vote or other proceeding of the Council;

3.

in evidence,

of damages

defamation,

of apology. c. 96, s. 1.

6 & 7 Vict.

In any action for defamation it shall be competent Admissibility to the defendant (after notice in writing of his intention to in mitigation do so duly given to the plaintiff within a reasonable time in action for before the trial of the cause) to give in evidence in mitiga- tion 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.

defendant in

Right of action for absence of and apology.

libel to plead

malice, etc.

6 & 7 Vict. c. 96, s. 2. 8 & 9 Vict..

4. In an action for a libel contained in any public newspaper it shall be competent to the defendant to set up as a defence that the libel was inserted in the newspaper without actual malice and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in the news- .75, 3, 2. paper a full apology for the libel, or if the newspaper in which the libel appeared is ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper 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

:

407

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