PRINTERS AND PUBLISHERS ORDINANCE, 1886

PRINTERS AND PUBLISHERS ORDINANCE, 1886

No. 4 of 1886.

An Ordinance to regulate the printling of newspapers and
books and the keeping of printing presses.
[12th July, 1886.]

1. This Ordinance may be cited as the Printers and
Publishers Ordinance, 1886.

2. In this Ordinance,
(a) Book means every volume, part or division of a
volume, pamphlet, sheet of letter-press, sheet of music, map,
chart, or plan, separately printed or published in the Colony,
containing literary, scientific, artic, or musical composition,
matter, or work.
(b) Newspaper means any paper containning public
news, intelligence, or occurrences or any remarks or observa-
tions thereon, printed for sale and published in the Colony
periodically or in parts or numbers at intervals not exceed-
ing twenty-six days between the publication of any two such
papers, parts, or numbers, also any paper printed in order to
be dispersed or distributed and made public weekly or
oftener or at intervals not exceeding twenty-six days, contain-
ing only or principally advertisements.

Newspaper register mew is the books to be kept by
the Reuistrar for the purpose of making and registering all
declarations required or permitted to be made by this Ordi-
nance, and Such books shall, contain, printed copies of the
forms prescribed by this Ordinance to be filled up by the
Registrar and sigmed by the party making the declaration.

(d) Place of residence or place of business includes
the street, square, or place wheh the, person to whom it
refers resides or carries on business, as the case may be, and
the number, if any, or other designation of the house in
which he so resides or carries on business.

(e) Proprietor means and includes as well the sole pro-
prietor of any newspaper as also, in the case of a divided pro-
prietorship, 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.

* As amended by Law Rev. Ord., 1923.































































(f) The Registrar means the Registrar of the Supreme
Court.

PART I.

PRINTERS, PUBLISHERS, AND PROPRIETORS.

No newspaper shall be printed or published within the
Colony except in conformity with he following provisions:-

(1) the printer and publisher of every newspaper shall
appear before the Registrar a shall make and subscribe
in the newspaper register a declaration according to Form
No.1 in the Schedule;

(2) as often as the place printing or publication is
changed, a new declaration sha be necessary; and

(3) as often as the printer or publisher who has made the
aforesaid declaration leaves the Colony permanently or tem-
porarily, or although in the Colony, is imprisoned or other-
wise incapacitated from being or ceases to be the actual
printer or publisher for the time being, a declaration from
the actual printer or publisher resident within the Colony
shall be necessary.

4. Every person who-

(1) prints or publishes any newspcaper without conforming
to the provisions of section 3 or-

(2) prints and publishes, or causes to be printed or
published, any newspaper, knowing that the said provisions
have not been complied with,

shall be liable to a fine not exceeding one thousand dollars,
or to imprisonment,without hard labour, for any term not
exceeding six months.

5. If any person who has made and subscribed the declara-
tion, presecribed by section 3 ceases to be the printer or
publisher of the newspaper mentioned in such declaration,
he may appear before the Registrar and make and subscribe
a declaration in the newspaper register according to Form
No. 2 in the Schedule.-


6. On every change of the proprietor of any newspaper or
on every transfer or transmission of or dealing therein where-
by any peson ceases to be a proprietor or any new proprietor


* As amended by Law Rev. Ord., 1923.








is introduced it shall be the duty of the printers and
publishers: for the the being of such newspaper, within
twenty-one days from time of such change, transfer, or
transmission as aforesaid, to appear before the Registrar and
subscribe a declaration in the newspaper register according
to Form No. 3 in the Schedule.

7. If, within the said period of twenty-one days, such
declaration is not made, then each printer and publisher of
such newspaper shall be liable to a fine not exceeding one
hundred and fifty dollars.

8. Any party to a transmission of or dealing
with any share of or interest in any newspaper, whereby
any person ceases to be a proprietor or any new proprietor
is introduced, may at any time make or cause to be made the
declaration prescribed section 6.

9. Where in the opinion of the overnor Council, in-
convenience would arise be caused in any case from
making a declaration of the names of all the proprietors of a
newspaper (either owing to minority, coverture, absence from
the Colony, minute sub-division of shares, or other special
circumstances), it shall be lawful for the printers or publishers
of such newspaper, on the order of the vernor in Council,
to make such declaration with the name or names of some
one or more representative proprietors.

10. The provisions hereinbefore contained in reference to
the proprietor ot any newspaper shall not e end or apply to
any newspaper which belongs to it joint-stock company duly
incorporated under the Ordinances relating to joint-stock
companies.

11.-(1) Every person who prints any newspaper, paper,
or book for hire, reward, gain, or profit shall carefully pre-
serve and keep one copy (at least) of every newspaper,
ot book so printed by him, on which he shall write or print,
or cause be written or printed, in legible characters, the
name and place of residence of the person by whom he is
employed to print the same, and shall keep and preseve the
same the space of six months after the printing therof,
and shall produce and show the same to a magistrate if
required to do so within the said six months.

As amended by Law Am. Ord, 1923,





(2) Every person who omits or neglects to comply with
any of the provisions of this section shall be liable to a
fine not exceeding one hundred dollars.

12.-(1) Every person who prints any newspaper, paper,
or book intended to be distributed or made public, shall
print upon the front of every such newspaper, or paper, if the
salme is printed on one side only, or upon the first or last
leaf of every newspaper, or book, which consists of
more than one leaf, in legible characters, his name and
usual place of residence or business.

(2)-Every person who distributes or publishes or assists
in distributing or publishing, any such newspaper, paper, or
book without fulfilling the requirements of this section shall
be liable to a fine not exceeding twenty-five dollars for every
copy of such newspapr, paper, or book so printed, dis-
tributed, or published.

13.-(1) Every person who, prints or publishes, or causes
to be printed or published, any newspaper shall, prior to
such printing or publishing enter into a bond before
the Registrar, together with two sufficient sureties to the
satisfaction of the Registrar, such printer or publisher or
printer and publisher in the sum of twelve hundred dollars
and such sureties jointly in a like sum, condtioned that such
printer or publisher or printer and publisher shall pay every
fine or penalty as my at any time imposed upon or
adjudged against him, or any time be imposed upon or
adjudged against him, or any person acting for him in his
absence, by reason of any conviction for printing or publishing
or printing and publishing any libel at any time after the
entering into such bond, and also all costs of such conviction;
and further conditioned that every such printer or publisher
or printer and publisher shall pay all such damages and
costs as may be recovered or arise in any action for libel
published in such newspaper.

(2) Every person not covered by such bond who prints or
publishes, or causes to be printed or published, any newspaper
without having entered into such bond with such sureties as
aforesaid shall be liable to a fine not exceeding one hundred
dollars, together with the costs of conviction.

* As amended by Law Rev. Ord., 1923.

































14. Every bond so given as aforesaid may be sued on in
the name of the Attorney General in any case of indictment
or information, and of the plaintiff in any action for libel in
which damages may be recovered.

In every case in which any surety in any such bond
as aforesaid has been require to pay and has paid the whole
or any of the sum for which he has become surety, or
in case, he becomes bankrupt o ceases to reside in the Colony,
then and in every such case the person for whom such surety
has been bound shall not print or publish any newspaper
until he has entered into a new bond with sufficient sureties
in the manner and to the amount aforesaid; and in case he
prints or publishes, any such ewspaper without having
execated such new bond as aforesaid, he shall be liable to it
fine not exceeding one hundred dollars together with the
costs of conviction.

16.-(1) If any surety as aforesaid is desirous of withdraw-
ing from such bond, it shall be lawful for him to do so on
giving twenty days previous notice in writing to the Registrar
and also to his principal; and in every such case such surety
shall, on the expiration of such notice, cease to be liable upon
such bond except for any penalty, damages or costs, for or in
respect of any libel which may have been printed or published
in such newspaper previous to the expiraton of such notice
and for which he would otherwise have been liable under
such bond.

(2) In every such case, the person for whom such surety
has been bound shall not print or publish any newspaper
until he has exectited a new bond with sufficient sureties in
the manner and to the amount aforesaid; and in case he
prints or publishes any such newspaper without having
entered into such new bond as aforesaid, he shall be liable
to a fine not exceeding one hundred dollars, together with
the costs of conviction.

17. all bonds entered into in pursuance of this Ordinance
shall, upon execution, be deposited with the Registrar for
safe custody.

* As amended by Law Rev. Ord., 1923.











PART II.

PRINTING PRESSES.

18.-(1) No person shall keep in his possession any press
for the printing of newspapers, books, or papers Who has
not made and subscribed before the Registrar in the news-
paper register a declaration according to the Form No. 4 in
the Schedule, to be made in like manner as is prescribed for
the declarations hereinbefore mentioned.

(2) Every person who keeps in his ossession any such
press without making such declaration shall be liable to a
fine not exceeding one thousand dollars, or to imprisonment,
without, hard labour, for any term not exceeding six months.

PART III.

GENERAL.

19. Any person shall be at liberty to search and inspect
the newspaper register during the hours of business of the
Supreme Court, on payment of one dollar for every such
search and inspection; and any person may require a copy,
of any entry or an extrat from the said oo to be certified
by the Registrar under the seal of the court, on payment of
two dollars for every such copy.

20. Every such certified copy shall be received as con-
clusive evidence of the contents of the said rgister so far as
the same appear in such copy or extract, without proof of the
signature thereto or of the seal of the coart affixed thereto;
and every such cerified copy or extract shall in all proceed-
ings, civil or criminal, be accepted as sufficient prima facie
evidence, of all the matters and things thereby appearing
unless and until the contrary thereof is shown.

21. Every person who knowingly and wilfully makes or
causes to be made any declaration by this Ordinance required
or permitted to made in which there is any untruth or
misrepresentation, or from which there is any omission, in
respect of any of the particulars by this Ordinance required
to be contained therein, whereby such declaration is mislead-
ing, and eery proprietor of a newspaper who knowingly and
any declaration under section 3 or section 3 or section 6 to
be made, which is misleading with reference to his own name,
occupation, place of business, if any, or place of residence,
he shall be liable to a fine not exceeding five hundred dollars.

As amended by Law Am. Ord., 1923.


22. This Ordinance, shall not extend or apply to the
impression of any engraving, or to the printing by letter-
press of the name or of the name and address or business or
profession of any person, or of the articles in hich he deals,
or of any paper containing an advertisement of the sale of
any estates or goods by auction or otherwise, or of ordinary
any estates or goods by auction or otherwise, or of ordinary
business notices or advertisemets.

23. All fines and penalties under this Ordinance may be
recovered summarily.

24. No person shall be prosecuted or sued for any fine or
penalty imposed by this Ordinance unless such prosecution
is commenced or such action is brought within six months
next after such fine or penalty has been incurred; nor unless
such prosecution or action is commenced, prosecuted, entered,
of filed in the name of the Attorney General and with his
assent.


SCHEDULE.
FORM No. 1. [s. 3.]

Declaration by printer or publisher.

I, [hree stat full name and address] declare that I am the printer
[or publishe or printer and publishe as the case may be] of the news-
paper entitled [here insert name of paper] and printed [or publihsed
or printed and published, as the case may be] at Hongkong; the
premises where such printing [or publication or printing and punlica-
tion] is [or are] careied on are situate at [here describe them precisely];
and I further declarethat [here state the full name or names of the
proprietor or proprietors or representativess proprity] is [or are] the
newspaper [ here state their respective occupations, places of business, if
any, and places of residence.]
(Signed)

Delcared, &c.,
[L.S.] (Signed.)

FORM No. 2.

Declaration an ceasing to ne priner or punisher.
I, [here state full name and addredd] declare that I have ceasued to
be the printer [or publider or printer and publisher] of the newspaper
entilted [for insert name of papey.

(Signed)
Declare, & c.,
(L.S.] (Signed Registrar























FORM No. 3

Declaration on ceasing to be proprietor, ect. [ss. 6 and 8]

I, [here astate full name and address] the printer [or publisher or
printer and publisher] of the newspaper entitled [here insert name of
paper] declare that [state full name] has ceased to be the proprietor
[or a proprietor] of the said newspaper entitled [here insert name of
paper] and that [state full names with his or their occupation, place of
business, if any, and place of resience] is [or are] now the proprietor
[or proprietors] thereof.
(Signed.)
Declared, &c.,

[L.S.] (Signed.) Registrar.


FORM No. 4. [s.18.]

Declaration by poossessor of printing press.

I, [here state full name and address] declare that I have a press for
printing at [here state the place where the press is kept, giving a true
and precise description of the premises].
(Signed.)
Declared, &c,
[L.S.] (Signed.) Registrar.

[Originally No. 6 of 1886. Law Rev. Ord., 1924.] Short title. Interpretation. 5 & 6 Vict.c. 45, s. 2. 44 & 45 Vict.c. 60, s. 1. Requirements to be satisfied before printing or publication of newspaper. 44 & 45 Vict.c.60, s. 9. Schedule. Form No. 1. Penalty for non-observance of section 3. Declaration on person ceasing to be printer, etc. Schedule. Form No. 2. Declaration on change of proprietorship. Schedule. Form No. 3. Penalty for not making declaration. 44 & 45 Vict.c. 60, s. 10. Party to make declaration under section 6. 44 & 45 Vict.c. 60, s. 11. Authority to make declaration of some only of proprietors. 44 & 45 Vict.c. 60, s. 7. Exception as to newspapers of companies. 44 & 45 Vict.c. 60, s. 18. [cf. No. 58 of 1911.] Printer to keep copy of newspaper or book, and to produce same to magistrate. 39 Geo. 3, c. 79, s. 29; 32 & 33 Vict.c. 24. Printer to print his name and address on newspaper or book. 2 & 3 Vict.c. 12, s. 2; 32 & 33 Vict.c. 24, Sch. Bond to be given by printer or publisher of newspaper. 60 Geo. 3, c. 9; 1 Will. 4, c. 73; 32 & 33 Vict.c. 24. Right to sue on bond. Requirement as to new bond in certain cases. Withdrawal of surety. Custody of bond. Declaration by possessor of printing press. Schedule. Form No. 4. Right to inspect newspaper register. 44 & 45 Vict.c. 60, s. 13. Copy of entry, etc. in newspaper register to be evidence. 44 & 45 Vict.c. 60, s. 15. Penalty for making wilful misrepresentation in declaration. 44 & 45 Vict.c. 60, s. 12. General exceptions 32 & 33 Vict.c. 24, Sch. Recovery of penalties. Limitation of prosecution or action. 39 Geo. 3, c. 79, s. 34.

[Originally No. 6 of 1886. Law Rev. Ord., 1924.] Short title. Interpretation. 5 & 6 Vict.c. 45, s. 2. 44 & 45 Vict.c. 60, s. 1. Requirements to be satisfied before printing or publication of newspaper. 44 & 45 Vict.c.60, s. 9. Schedule. Form No. 1. Penalty for non-observance of section 3. Declaration on person ceasing to be printer, etc. Schedule. Form No. 2. Declaration on change of proprietorship. Schedule. Form No. 3. Penalty for not making declaration. 44 & 45 Vict.c. 60, s. 10. Party to make declaration under section 6. 44 & 45 Vict.c. 60, s. 11. Authority to make declaration of some only of proprietors. 44 & 45 Vict.c. 60, s. 7. Exception as to newspapers of companies. 44 & 45 Vict.c. 60, s. 18. [cf. No. 58 of 1911.] Printer to keep copy of newspaper or book, and to produce same to magistrate. 39 Geo. 3, c. 79, s. 29; 32 & 33 Vict.c. 24. Printer to print his name and address on newspaper or book. 2 & 3 Vict.c. 12, s. 2; 32 & 33 Vict.c. 24, Sch. Bond to be given by printer or publisher of newspaper. 60 Geo. 3, c. 9; 1 Will. 4, c. 73; 32 & 33 Vict.c. 24. Right to sue on bond. Requirement as to new bond in certain cases. Withdrawal of surety. Custody of bond. Declaration by possessor of printing press. Schedule. Form No. 4. Right to inspect newspaper register. 44 & 45 Vict.c. 60, s. 13. Copy of entry, etc. in newspaper register to be evidence. 44 & 45 Vict.c. 60, s. 15. Penalty for making wilful misrepresentation in declaration. 44 & 45 Vict.c. 60, s. 12. General exceptions 32 & 33 Vict.c. 24, Sch. Recovery of penalties. Limitation of prosecution or action. 39 Geo. 3, c. 79, s. 34.

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