PRINTERS AND PUBLISHERS ORDINANCE, 1927

PRINTERS AND PUBLISHERS ORDINANCE, 1927

No. 25 of 1927.
An Ordinance to regulate the Printing of newspapers and the
keeping and use of Printing Presses.

[1st January, 1928.]

1. This Ordinance may be cited as the Printers and
Publishers Ordinance, 1927.

2. In this Ordinance,

(a) ' Address ' in the case of an individual means his
residence or usual place of business, and in the case of a
corporation means the head office of such corporation within the
Colony;

(b) ' Editor ' means the chief editor if there are more
editors than one, and includes any person acting as chief editor
or performing any of the usual functions of a chief editor;

(c) ' Newspaper ' includes every periodical which is
printed or published in the Colony at intervals not exceeding
three months, and which contains any public news or any
comments on public news;

(d) ' Person ', except so far as relates to the imposition
of the penalty of imprisonment, includes a body corporate and
a firm;

(e) ' Printed document ' includes every piece of paper,
cloth or other similar material, bearing any words, pictures or
signs which were or appear to have been wholly or partly
produced by any mechanical or copying process, add also
includes every collection of printed documents bound together;

(f) 'Printing press' includes every machine and
apparatus adapted and apparently intended for reproducing
words, pictures or signs on paper, cloth or other similar

* As amended by No. 3 of 1933 [17.2.33].





material, and every part of any such machine or apparatus, but
shall not include any apparatus intended and used for
reproducing plans only or: any apparatus intended and used
only for printing patterns on textiles or any purely photographic

apparatus intended and used'for reproducing photographs only;
(g) Proprietor ' includes lessee;
(h) Registrar ' means such officer as may be appointed
by the Governor to act as registrar of newspapers, and includes
any person appointed by the Governor to act as deputy registrar
of newspapers.

3 It shall be lawful for the Governor in Council to make
regulations-
(a) for the registration of newspapers and their proprietors,
printers, publishers and editors;
(b) for the registration, sale, purchase, removal, use,
control and licensing of printing presses

(c) for granting exemptions;
(d) for prescribing fees;
(e) for prescribing forms either in addition to or in
substitution for the forms in the Schedule;
for prescribing anything which is by this Ordinance to
be prescribed by regulations.

4.-(1). Every newspaper shall be registered.

(2) In order to effect registration one of the persons
specified in sub-section (3) shall furnish to the registrar the
particulars specified in Form No. 1 in the Schedule and shall
certify the correctness of such particulars and of his own
description.

(3) The. particulars specified shall be furnished and certified
by the proprietor, printer, publisher or editor of the newspaper.

(4) If any change occurs, or if any inaccuracy is dis-
covered, in any of the specified particulars, the persons specified
in sub-section (3) shall, within seven days or such shorter

Note-Secretary for Chinese Affairs appointed registrar, and Registrar of
the Supreme Court as deputy registrar-G.N. 751 of 1927.
As amended by No. 28 of 1934 [14.9.34] and Law Rev. Ord., 1939,
Supp. Sched.





period as may be prescribed by regulation, furnish substituted
particulars to the registrar and shall certify the correctness of
such substituted particulars and of their own descriptions:
Provided that it one of such persons complies with the require-
ments of this sub-section the obligations imposed by this
sub-section on any other persons shall be deemed to have been
discharged as regards the substituted particulars so furnished.

(5) A change shall be deemed to have occurred in the
identity of the editor if the editor is absent from the Colony or
if he ceases substantially to exercise the functions of an editor.

(6) If the particulars are furnished by a company the
certificate shall be given by a director, manager, secretary or
other officer of the company, and if the particulars are furnished
by a firm the certificate shall be given by a partner of the
firm.

(7) If any particular or substituted particular which
purports to be furnished in accordance with the requirements
of this section is incorrect, the person who certified the correct-
ness of such particular shall be deemed- to have contravened
this Ordinance unless he proves-

(a) that he believed that the particular furnished was
correct, and

(b) that he could not with the exercise of reasonable
diligence have discovered its incorrectness.

(8) No person shall print or publish or act as editor of, or
continue to print or publish or act as editor of, any newspaper
unless all the requirements of this section with respect to such
newspaper have been complied with.

(9) The particulars furnished in accordance with the
provisions of this Ordinance shall be kept by the registrar as a
newspaper register or registers.

(10) Any person may search and inspect any newspaper
register on payment of one dollar for every such search and
inspection, and any person may require an extract from any
newspaper register to be certified by the registrar on payment
of two dollars for every such extract.





(11) Upon the registration of any newspaper, and upon the
furnishing of any substituted particular, the registrar shall,
despatch by registered post a copy of the particulars or
particular to each person named in such particulars or
particular, addressed to the addresses or address specified in
such particulars or particular.

(12) In any proceedings whatsoever against the proprietor,
printer, publisher or editor of any newspaper, it shall be lawful
for the complainant or plaintiff to put in any entry in or certified
extract from any newspaper register, either-

(i) as evidence of the truth of the matters stated in such
entry or extract, or

(ii) as evidence that the particulars appearing in such entry
or extract were furnished and certified by the informant by
whom they purport to have been furnished and certified.

5.-(1) Subject to the provisions of sub-section (7), no
newspaper shall be registered until a sum of three thousand
dollars has been deposited with the registrar by or on behalf of
the pesson seeking registration, Any such deposit while under
the control of the registrar shall bear interest at the like rate as
is for the time being allowed by the Government in respect of
sums bearing interest deposited with the Accountant-General.

(2) The money thus deposited shall be available to pay
any fine which may be imposed upon the proprietor, printer,
publisher or editor of the newspaper in question, either under
this Ordinance or in respect of any matter appearing in the said
newspaper, and shall also be available to pay any damages that
may be awarded in any action for libel in respect of any matter
appearing in the said newspaper and the costs of any such
action.

(3) The registrar may direct that the whole of such money
or such part as may be necessary shall be paid out in respect
of such fine, damages or costs.

(4) When any money has been paid out under sub-
section (3) the registrar may in his discretion suspend the

As amended by No. 1 of 1930 [3.1.30], No. 3 of 1933 [17.2.33], No. 12 of
1937 [30.7.37] and Law Rev. Ord., 1939, Supp. Sched.





registration of the newspaper concerned until a deposit has
been made with him, in respect of the newspaper concerned,
equal to the ainount paid out under his direction, and during
the period of such suspension the newspaper shall be deemed
to be not registered and for the purposes, of subsection (8) of
section 4 of this Ordinance the requirements of the said section 4
shall be deemed not to have been complied with in the case of
such newspaper.

The proprietor of any newspaper may at any time give
notice to the registrar that he desires the registration of the
newspaper to cease and the registrar may on the receipt of
such notice cancel the registration and tile newspaper shall
cease to be registered from the date of such cancellation.

(6) After the expiration of six months from any such
cancellation of registration or, in his discretion, before the
expiration of that period, the registrar may direct that the sum
deposited in respect of such newspaper, or so much of such
sum as rernains deposited, shall be repaid to the person entitled
to receive the same.

It shall be lawful for the registrar to accept in lieu of
the deposit of three thousand dollars a bond in the said amount,
by the person seeking the registration together with one, or two
sufficient sureties approved by the registrar, conditioned for
the payment of anY fine which may be imposed upon the
proprietor, printer, publisher or editor of the newspaper in
question either under this Ordinance or in respect of any matter
appearing in the said newspaper, and also for the payment of
any darnages that may he awarded in any action for libel in
respect of any matter appearing in the said newspaper and the
costs of any such action.

(8) Where a newspaper has been registered without the
payment of the deposit referred to in sub-section (1), the
registrar may in his discretion demand such deposit and may
suspend the registration of the newspaper concerned until the
deposit has been made with him. Any stich suspension shall
have the same effect as a suspension under sub-section (4).
On the making of such deposit the obligation of the bond
shall be deemed to be discharged.





6.-(1) It shall be lawful for the Commissioner of Police in
his discretion to grant to any person a licence to keep a printing
press at any specified place.

(2) If a licence is refused it shall be lawful for the
applicant within fourteen days from the date of the refusal to
appeal by petition to the Governor in Council against such
refusal, and upon consideration of such petition and of
any reply thereto submitted in writing by the Commissioner
of Police it shall be lawful for the Governor in Council
to allow or to dismiss the appeal, and if he allows the
appeal to give such directions as may be necessary in order to
give effect to such allowance.

(3) It shall be lawful for the Governor in Council in his
discretion to order any printing press licence to be cancelled.
No such order shall be made until notice of intention to
consider the making of such order has been served on the
licensee in accordance with the provisions of sub-section (4).
Every such notice shall contain a statement of the grounds
upon which it is alleged that the order should be made and
shall allow to the licensee a period of fourteen days from the
date of the service of the notice, or such other period as may be
prescribed by regulation made. under this Ordinance, within
Which the licensee shall, be at liberty to deliver or cause to be
delivered to the Clerk of Councils a written statement of any
reasons which he may wish to urge against the making of the
order. Upon the expiration of the said period it shall be lawful
for the Governor in Council to proceed to consider and decide
whether the order should not be made. Any such order of
cancellation shall be served on the licensee in the manner
referred to in this sub-section and shall thereupon be deemed to
have been brought to the notice of the licensee and to be
effective for all purposes. Upon service of the order of can-
cellation the licence shall forthwith be returned by the licensee
to the Commissioner of Police. No person shall without lawful
authority or excuse have in his possession any printing press
licence which has been cancelled.

(4) The notice referred to in sub-section (3) may be served
by delivering it personally to the licensee if the licensee is an
individual, or by delivering it personally to some officer of the

As ainended by Law Rev. Ord., 1939, Supp. Sched.





corporation if the licensee is a corporation, or by leaving the
notice with some adult person at the licensed premises, or by
posting up the notice outside the licensed premises if service
cannot be effected in any other way.

(5) No person shall use or have in his possession any
printing press except under and in accordance with a licence
issued under this section.

(6) It shall be lawful for any police officer or revenue
officer to seize, remove and detain any printing press kept, used,
or in the possession of any person, in contravention of the
provisions of this section.

(7) It shall be lawful for a magistrate, upon such notice
(if any) as lie illay think fit, to order to be forfeited any
printing press so seized and any type and other things
apparently intended to be tised in connexion with such printing
press.

(8) Every, printing, press and thing so forfeited shall be
disposed of in such manner as the Commissioner of Police may
direct.
(9) In any proceeding under this section against the
occupier of any premises for possession on such premises of a
printing press in contravention of the provisions of this section
it shall until the contrary is proved, and without prejudice to the
liability of any other person, be presumed that such occupier was
in possession of such printing press.

(10) Any licence under this section mav be in Form No. 2
or No. 3 in the Schedule with such variations as to the
Commissioner of Police may seem fit.

7.-(1) Subject to the provisions of sub-section (5), every
printed document shall have printed thereon in legible type, in
English or Chinese, the name and full address of the printer
of the document, preceded by the words ' Printed by ' or
Printer ' in English or Chinese.

(2) If the document consists of a number of leaves bound
or Fastened together or forming one sheet the printer's name
and address shall appear on the front of the first leaf or on the
back of the last leaf or at the bottom of the last printed page.

As amended hy Law Rev. Ord., 1939. Supp. Sched.





(3) If the document is a book or pamphlet the printer's
name and address shall appear at the bottom of the last printed
page.

(4) In the case of a newspaper the printer's name and
address shall appear either on the front page or on the back
page, and it shall be sufficient if the printer's name and address
appear in one place in the newspaper although the sheets may
not be fastened together.

(5) This section shall not apply-

(a) to any document solely intended and solely used for a
bond fide and ordinary commercial or professional or social
purpose, provided that such document as printed contains no
seditious or political matter whatsoever. For the purposes of
this sub-section a document used for the purposes of a society,
club or other organization shall not be deemed to be used for a
social purpose;

(b) to any document printed outside the Colony.

(6) No person shall print or publish or in any way
whatsoever assist in the distribution of any printed document
which does not comply with the requirements of this Ordinance.

(7) No person shall without lawful authority or excuse
have in his possession any printed document which does not
comply with the requirements of this Ordinance.

(8) In any proceedings under this Ordinance relating to any
printed document which does not comply with the requirements
of this Ordinance, a person shall be deemed to have been in
possession of the document if he is proved to have had in
his possession, order, disposition or control-

(a) anything whatsoever containing the same;

(b) the key of any box or other receptacle containing the
same;

(c) any document of title relating to anything whatsoever
containing the same ;

(d) any document whatsoever which may be evidence of
the right of any person to the possession of anything whatsoever
containing the same.





(9) In any proceedings whatsoever it shall until the
contrary is proved be presumed that the person whose name
appears on any document as the printer of such document was
in fact the printer.

8.-(1) Every person who prints any book, newspaper or
other printed document shall keep one copy of such book,
newspaper or document for a period of six months after the
printing thereof.

(2) Such copy shall have written or printed thereon the
name and full address of the person by whom the printer was
employed to print the same.

(3) If the name of such person is Chinese the name shall
be written or printed in Chinese characters.

(4) The printer shall produce such copy to any police
officer on demand.

(5) The onus of proving the date of printing shall be on
the printer.

9.-(1) It shall be lawful for any justice of the peace to
grant a warrant to any police officer to enter any place or board
any vessel in or on board which any contravention of this
Ordinance may appear to have been committed, and to search
such place or vessel.

(2) Every such warrant shall have the effect of empowering
all police officers to enter such place or board such vessel and
to search the same and to seize anything with respect to which
any contravention of this Ordinance may appear to have been
committed or which may appear to be or to contain evidence of
any such contravention.

(3) It shall be lawful for a magistrate, upon such notice,
if any, as he may think fit, to order to be forfeited anything
with respect to which any contravention of this Ordinance has
been committed.

(4) Anything so forfeited shall be disposed of in such
manner as the Commissioner of Police may direct.

As amended by Law Rev. Ord., 1939, Supp. Sched,





10. Without prejudice to the liability of any other person, the
proprietor, printer, publisher and editor of any newspaper shall be
liable criminally for any illegal matter contained in any issue of the
newspaper, and the printer of any other printed document shall be
liable criminally for any illegal matter contained in such document :
Provided that a defendant shall not be liable under this section if he
proves beyend reasonable doubt that the matter in question was
printed without his authority, consent or knowledge and that the
printing thereof did not arise from want of due care or caution on his
part.

11. Without prejudice to any other method of service, an process
whatsoever, civil or criminal, addressed to the proprietor, printer,
publisher or editor of any newspaper shall for all purposes be deemed
to be duly served if left with some adult at or sent by post to the
registered address of the office of the newspaper.

12. The printer or publisher of every newspaper printed in the
Colony shall, upon every day on which such newspaper is published
or on the day next following which shall not be a holiday, deliver or
cause to be delivered at the office of the registrar one copy of every
such newspaper and of every second or other varied edition or
impression thereof so printed or published, with the name and address
of the printer or publisher thereof signed and written thereon after
the same is printed, by his proper hand and in his accustomed manner
of signing, or by some person appointed and authorized by him for that
purpose and of whose appointment and authority due notice in writing
signed by such printer or publisher has been given to the registrar; and
such printer or publisher shall be entitled to demand and receive once
in every month from the registrar the ordinary price of the
newspapers so delivered ; and in case any person requires any such
newspaper so signed and delivered to be produced in evidence in any
proceeding, civil or criminal, the registrar shall cause such newspaper
to be produced in court when required at the expense of the party
applying for it, or shall deliver the same to such party, taking
reasonable security for his returning it, and all copies so delivered as
aforesaid shall be evidence against every proprietor, printer, publisher
and editor of every

As amended by Law Rev. Ord., 1939, Supp. Sched.





such newspaper in all proceedings, civil or criminal, to be com-
menced or carried on as well touching such newspapers as any
matter or thing therein contained, and touching any other
newspaper, and any matter or thing therein contained, which
may be of the sairic title, purport or effect with such copy so
delivered as aforesaid, although such copy may vary in some
instances or particulars as to title, purport or effect; and every
proprietor, printer, publisher or editor of any copy so delivered
as aforesaid shall to all intents and purposes be deemed to be
the proprietor, printer, publisher or editor respectively of all
newspapers which are of the same title, purport or effect with
such copies or impressions so delivered as aforesaid, notwith-
standing such variance as aforesaid, unless such proprietor,
printer, publisher or editor respectively proves that such
newspapers were not printed or published or edited by him or
by or with his knowledge or privity. The registrar shall not
be required to keep any copy for a longer period than six
months.

13. Subject to the provisions of section io, every person
who contravenes any of the provisions of this Ordinance shall
upon summary conviction be liable to a fine not exceeding one
ihousand dollars and to imprisonment for any term not
exceeding six months.

SCHEDULE.

FORM No. 1. [s. 4.]

NEWAPAPER REGISTER.

Printers and Publisliers Ordinance, 1927.

Name of newspaper ...................................................................
Address of office of newspaper ...................................................
Proprietor ..............................................................................
Printer ...................................................................................
Publisher (if different from printer) ... .........................................
Editor ...................................................................................
Date .....................................................................................

As amended by Law Rev. Ord., 1939, Supp. Sched.





I certify that the above particulars are correct and that I am
............................................................................

Signature of informant ...................................

Signature of Registrar ..................................

Substituted particulars.

FORM No. 2. [s.. 6.]

PRINTING PRESS LICENCE,
Printers and Publishers Ordinance, 1927.

Name of.......licensee
Licensed premises, i.e. the place at which the printing press or

printing presses is or are licensed to be kept ............................
Description of.printing press or printing presses .............................

Date 19

............................... .
Commissioner of Police.

Form No. 3. [s. 6.]
PRINTING PRESS LICENCE.
CLASS I.
Printers and Publishers Ordinance, 1927.
Name of licensee
Licensed premises .......................................................................

I license the above-named ...................................................
to keep at the above-mentioned premises printing presses with a
view to sale or hire.

Dated the day of

..........................................
Commissioner,, of Police,

As amended by G.N. No. 552 of 1935 [19.7.35]
[Originally No. 25 of 1927. No. 1 of 1930. No. 3 of 1933. No. 28 of 1934. No. 12 of 1937. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Schedule. Registration of newspapers. Schedule Form No. 1. [s. 4 contd.] Security. [s. 5 contd.] Licensing of printing presses. Schedule. Forms Nos. 2, 3. Printed document to bear printer's name and address. [s. 7 contd.] Printer to keep a copy of every document printed by him. Search, seizure and forfeiture. Criminal liability of principal. Service of process. Copies of newspapers to be delivered to the registrar. Penalties. [Sched. contd.]

[Originally No. 25 of 1927. No. 1 of 1930. No. 3 of 1933. No. 28 of 1934. No. 12 of 1937. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Schedule. Registration of newspapers. Schedule Form No. 1. [s. 4 contd.] Security. [s. 5 contd.] Licensing of printing presses. Schedule. Forms Nos. 2, 3. Printed document to bear printer's name and address. [s. 7 contd.] Printer to keep a copy of every document printed by him. Search, seizure and forfeiture. Criminal liability of principal. Service of process. Copies of newspapers to be delivered to the registrar. Penalties. [Sched. contd.]

https://oelawhk.lib.hku.hk/items/show/1603

1937

v3

268

No. 25 of 1927

12