1964_DEFAMATION_ORDINANCE — Page 12

HK Historical Laws 香港歷史法例 All AI Reviewed

1986 Ed.]

Defamation

[CAP. 21

28. A defamatory statement published by or on behalf of a candidate in any election to the Legislative Council or to the Urban Council or to the Regional Council or to a District Board shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified to vote at the election. (Added 33 of 1961, s. 11. Amended 39 of 1985, s. 60 and 23 of 1986, s. 3)

29. An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory, and does not reasonably believe there is a good defence to any action brought upon it.

(Added 33 of 1961, s. 11)

Limitation on privilege at elections.

15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 10.

Agreements for indemnity.

15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 11.

SCHEDULE

(s. 14)

NEWSPAPER STATEMENTS HAVING QUALIFIED PRIVILEGE

PART I

STATEMENTS PRIVILEGED WITHOUT EXPLANATION OR CONTRADICTION

1. A fair and accurate report of any proceedings in public of the legislature of any part of the Commonwealth outside Hong Kong.

2. A fair and accurate report of any proceedings in public of an international organization of which the Government of Hong Kong or Her Majesty's Government in the United Kingdom is a member, or of any international conference to which the Government of Hong Kong or Her Majesty's Government in the United Kingdom sends a representative.

3. A fair and accurate report of any proceedings in public of an international court.

4. A fair and accurate report of any proceedings before a court exercising jurisdiction throughout any part of the Commonwealth outside Hong Kong or of any proceedings before a court-martial held outside Hong Kong under the Naval Discipline Act, the Army Act or the Air Force Act.

5. A fair and accurate report of any proceedings in public of a body or person appointed to hold a public inquiry by the Government or legislature of any part of the Commonwealth outside Hong Kong.

6. A fair and accurate copy of or extract from any register kept in pursuance of any Ordinance which is open to inspection by the public, or of any other document which is required by the law of Hong Kong to be open to inspection by the public.

7. A notice or advertisement published by or on the authority of any court within Hong Kong or any judge or officer of such a court.

PART II

STATEMENTS PRIVILEGED SUBJECT TO EXPLANATION OR CONTRADICTION

8. A fair and accurate report of the findings or decision of any of the following associations, or of any committee or governing body thereof, that is to say-

(a) an association formed in Hong Kong for the purpose of promoting or encouraging the exercise of or interest in any art, science, religion or learning, and empowered by its constitution to exercise control over or adjudicate upon matters of interest or concern to the association, or the actions or conduct of any persons subject to such control or adjudication:

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1986 Ed.] Defamation [CAP. 21 28. A defamatory statement published by or on behalf of a candidate in any election to the Legislative Council or to the Urban Council or to the Regional Council or to a District Board shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified to vote at the election. (Added 33 of 1961, s. 11. Amended 39 of 1985, s. 60 and 23 of 1986, s. 3) 29. An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory, and does not reasonably believe there is a good defence to any action brought upon it. (Added 33 of 1961, s. 11) Limitation on privilege at elections. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 10. Agreements for indemnity. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 11. 11 SCHEDULE (s. 14) NEWSPAPER STATEMENTS HAVING QUALIFIED PRIVILEGE PART I STATEMENTS PRIVILEGED WITHOUT EXPLANATION OR CONTRADICTION 1. A fair and accurate report of any proceedings in public of the legislature of any part of the Commonwealth outside Hong Kong. 2. A fair and accurate report of any proceedings in public of an international organization of which the Government of Hong Kong or Her Majesty's Government in the United Kingdom is a member, or of any international conference to which the Government of Hong Kong or Her Majesty's Government in the United Kingdom sends a representative. 3. A fair and accurate report of any proceedings in public of an international court. 4. A fair and accurate report of any proceedings before a court exercising jurisdiction throughout any part of the Commonwealth outside Hong Kong or of any proceedings before a court-martial held outside Hong Kong under the Naval Discipline Act, the Army Act or the Air Force Act. 5. A fair and accurate report of any proceedings in public of a body or person appointed to hold a public inquiry by the Government or legislature of any part of the Commonwealth outside Hong Kong. 6. A fair and accurate copy of or extract from any register kept in pursuance of any Ordinance which is open to inspection by the public, or of any other document which is required by the law of Hong Kong to be open to inspection by the public. 7. A notice or advertisement published by or on the authority of any court within Hong Kong or any judge or officer of such a court. PART II STATEMENTS PRIVILEGED SUBJECT TO EXPLANATION OR CONTRADICTION 8. A fair and accurate report of the findings or decision of any of the following associations, or of any committee or governing body thereof, that is to say- (a) an association formed in Hong Kong for the purpose of promoting or encouraging the exercise of or interest in any art, science, religion or learning, and empowered by its constitution to exercise control over or adjudicate upon matters of interest or concern to the association, or the actions or conduct of any persons subject to such control or adjudication:

Baseline (Original)

1986 Ed.] Defamation [CAP. 21 28. A defamatory statement published by or on behalf of a candidate in any election to the Legislative Council or to the Urban Council or to the Regional Council or to a District Board shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified to vote at the election. (Added, 33 of 1961, s. 11. Amended, 39 of 1985, s. 60 and 23 of 1986, s. 3) 29. An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory, and does not reasonably believe there is a good defence to any action brought upon it. (Added, 33 of 1961, s. 11) Limitation on privilege at elections. 15 & 16 Geo. 6 & I Eliz. 2 c. 66 s. 10. Agreements for indemnity, 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 11. 11 SCHEDULE (s. 14.] NEWSPAPER STATEMENTS HAVING QUALIFIED PRIVILEGE PART I STATEMENTS PRIVILEGED WITHOUT EXPLANATION OR CONTRADICTION 1. A fair and accurate report of any proceedings in public of the legislature of any part of the Commonwealth outside Hong Kong. 2. A fair and accurate report of any proceedings in public of an international organization of which the Government of Hong Kong or Her Majesty's Government in the United Kingdom is a member, or of any international conference to which the Government of Hong Kong or Her Majesty's Government in the United Kingdom sends a representative. 3. A fair and accurate report of any proceedings in public of an international court. 4. A fair and accurate report of any proceedings before a court exercising jurisdiction throughout any part of the Commonwealth outside Hong Kong or of any proceedings before a court-martial held outside Hong Kong under the Naval Disci- pline Act, the Army Act or the Air Force Act. 5. A fair and accurate report of any proceedings in public of a body or person appointed to hold a public inquiry by the Government or legislature of any part of the Commonwealth outside Hong Kong. 6. A fair and accurate copy of or extract from any register kept in pursuance of any Ordinance which is open to inspection by the public, or of any other document which is required by the law of Hong Kong to be open to inspection by the public. 7. A notice or advertisement published by or on the authority of any court within Hong Kong or any judge or officer of such a court. PART II STATEMENTS PRIVILEGED SUBJECT TO EXPLANATION OR CONTRADICTION 8. A fair and accurate report of the findings or decision of any of the following associations, or of any committee or governing body thereof, that is to say- (a) an association formed in Hong Kong for the purpose of promoting or encouraging the exercise of or interest in any art, science, religion or learning, and empowered by its constitution to exercise control over or adjudicate upon matters of interest or concern to the association, or the actions or conduct of any persons subject to such control or adjudication:

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1986 Ed.]

Defamation

[CAP. 21

28. A defamatory statement published by or on behalf of a candidate in any election to the Legislative Council or to the Urban Council or to the Regional Council or to a District Board shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified to vote at the election. (Added, 33 of 1961, s. 11. Amended, 39 of 1985, s. 60 and 23 of 1986, s. 3)

(Added, 33 of 1961, s. 11)

Limitation on privilege at elections.

15 & 16 Geo. 6 & I Eliz. 2 c. 66 s. 10.

Agreements for indemnity,