1986 Ed.]
Defamation
[CAP. 21
3
"newspaper" means any paper containing public news or observations thereon or consisting wholly or mainly of advertisements which is printed for sale and is published in Hong Kong either periodically or in parts or numbers at intervals not exceeding 36 days; (Amended, 23 of 1986, s. 2)
"proprietor" includes lessee;
"report of the Legislative Council" includes any report, paper, vote or other proceeding of the Council;
"words" includes pictures, visual images, gestures and other methods of signifying meaning.
(Replaced, 33 of 1961, s. 2)
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.
4. In an action for a libel contained in any 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 newspaper a full apology for the libel, or if the newspaper in which the libel appeared is ordinarily published at intervals exceeding 1 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 defendant in such action to set up any defence as aforesaid without at the same time making a payment of money into court by way of amends, and every such defence so filed without such payment into court shall be deemed a nullity and may be treated as such by the plaintiff in the action.
5.
(Amended, 50 of 1911; 62 of 1911, Schedule; and 33 of 1961, s. 3)
Any person who maliciously publishes any defamatory libel, knowing the same to be false, shall be liable to imprisonment for 2 years, and, in addition, to pay such fine as the court may award. (Amended, 30 of 1911, Schedule; and 33 of 1961, s. 4)
6. Any person who maliciously publishes any defamatory libel shall be liable to imprisonment for 1 year, and to pay such fine as the court may award.
(Amended, 30 of 1911, Schedule; and 33 of 1961, s. 5)
Admissibility in evidence, in mitigation of damages in action for defamation, of apology.
6 & 7 Vict. c. 96, s. 1.
Right of defendant in action for libel to plead absence of malice, etc. and apology.
6 & 7 Vict. c. 96, s. 3. 8 & 9 Vict. c. 75, s. 2.
Publishing libel known to be false.
6 & 7 Vict. c. 96, s. 4.
Publishing defamatory libel.
6 & 7 Vict. c. 96, s. 5.
1986 Ed.]
Defamation
[CAP. 21
3
"newspaper" means any paper containing public news or observa- tions thereon or consisting wholly or mainly of advertisements which is printed for sale and is published in Hong Kong either periodically or in parts or numbers at intervals not exceeding 36 days; (Amended, 23 of 1986, s. 2)
"proprietor" includes lessee;
"report of the Legislative Council" includes any report, paper, vote
or other proceeding of the Council;
"words" includes pictures, visual images, gestures and other
methods of signifying meaning.
(Replaced, 33 of 1961, s. 2)
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 commence- ment 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.
4. In an action for a libel contained in any 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- paper a full apology for the libel, or if the newspaper in which the libel appeared is ordinarily published at intervals exceeding 1 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 general denying the whole of such defence:
Provided that is shall not be competent to any defendant in such action to set up any defence as aforesaid without at the same time making a payment of money into court by way of amends, and every such defence so filed without such payment into court shall be deemed a nullity and may be treated as such by the plaintiff in the action.
5.
(Amended, 50 of 1911; 62 of 1911, Schedule, and 33 of 1961, s. 3)
Any person who maliciously publishes any defamatory libel, knowing the same to be false, shall be liable to imprisonment for 2 years, and, in addition, to pay such fine as the court may award. (Amended, 30 of 1911, Schedule, and 33 of 1961, s. 4)
6. Any person who maliciously publishes any defamatory libel shall be liable to imprisonment for 1 year, and to pay such fine as the court may award.
(Amended, 30 of 1911, Schedule, and 33 of 1961, s. 5)
Admissibility in evidence, in mitigation of damages in action for defamation, of apology.
6 & 7 Vict. c. 96, s. 1.
Right of defendant in action for libel to plead absence of malice, etc. and apology.
6 & 7 Vict. c. 96, s. 3. 8 & 9 Vict. c. 75. s. 2.
Publishing libel known to be false.
6 & 7 Vict. c. 96, s. 4.
Publishing defamatory libel.
6 & 7 Vict. c. 96. s. 5.
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