DEFAMATION ORDINANCE
Title
DEFAMATION ORDINANCE
Description
LAWS OF HONG KONG
DEFAMATION ORDINANCE
CHAPTER 21
CHAPTER 21
DEFAMATION ORDINANCE
ARRANGEMENT OF SECTIONS
Section ...............................Page
1. Short title... ............................ ... ... ... ... ... 1
2. Interpretation ... ... ... ... ... ... .... ... ... ... ... 2
3. Admissibility in evidence, in mitigation of damages in action for defamation. of
apology ... ... ... ... ... ... ... ... ... ... ... ... ... 3
4. Right of defendant in action for libel to plead absence of malice. etc. and apology 3
5. Publishing libel known to be false ... ... ... ... ... ... ... ... ... ... 3
6. Publishing defamatory libel ... ... ... .. ... ... ... ... ... ... ... ... 3
7. Trial of information for defamatory libel ... ... ... ... ... ... ... ... ... 4
8. Evidence to rebut prima facie case of publication by agent ... ... ... ... ... 4
9. Right of prosecutor and of defendant to costs on prosecution for private libel ... 4
10. Stay of proceeding against person for publication of papers printed by order of
Legislative Council upon certificate and affidavit of authority to publish ... ... 5
11. Stay of proceeding when commenced in respect of copy of authenticated report.
etc. ... ... ... ... ... ... ... ... . ... ... ... ... ... ... 5
12. Defence in proceeding for printing extract from report, etc . ... ... ... ... ... 5
13. Privilege of newspaper report of proceedings in court .. ... ... 5
14. Qualified privilege of newspapers ... ... ... ... ... ... ... ... ... ... 6
15. Inquiry by magistrate as to libel being true, etc. ... ... ... ... ... ... ... 6
16. Provision as to summary conviction for libel ... ... ... ... ... ... ... ... 6
17. Evidence of other damages recovered by plantiff - - - ... ... ... ... 7
18. Order of judge required for prosecution of newspaper proprietor. etc. ... ... ... 7
19. Consolidation of actions ... ... ... ... ... ... ... ... ... ... ... ... 7
20. Person charged may give evidence . ... ... ... ... ... ... ... ... ... 8
21. Words imputing unchastity to woman or girl per se actionable ... ... ... ... 8
22. Broadcast statements ... - ... ... ... ... - ... ... ... ... ... ... 8
23. Slander affecting official, professional or business reputation ... ... ... ... ... 8
24. Slander of title. etc. ... ... ... ... ... ... ... ... ... ... ... ... ... 8
25. Unintentional defamation ... ... ... ... ... ... ... ... 8
26. Justification ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
27. Fair comment ... ... - ... ... ... ... ... ... ... ... ... ... ... 10
28. Limitation on privilege at elections ... ... ... ... ... ... ... ... ... ... 11
29. Agreements for indemnity ... ... ... ... ... ... ... ... ... ... ... ... 11
Schedule. Newspaper statements having qualified privilege ... ... ... ... ... ... 11
CHAPTER 21
DEFAMATION
To Amend the law respecting defamatory words and libel.
[22 February 1887.]
1. This Ordinance may be cited as the Defamation Ordinance.
(Amended, 5 of 1924, s. 6)
2. In this Ordinance, unless the context otherwise requires
'broadcast' or 'broadcasting' means publication for general reception,
as part of any programme or service provided through a
broadcasting station within Hong Kong. by means of
telecommunication, within the meaning of the Telecommunication
Ordinance; and, where words broadcast by means of
telecommunication are simultaneously transmitted by telegraph, as
defined by the Telecommunication Ordinance, in accordance with a
licence granted under such Ordinance, the provisions of this
Ordinance shall apply as if the transmission were broadcast within
the definition hereinbefore contained; (Amended, 23 of 1986,s.2)
'broadcasting station' means any station operated by Government or
in respect of which a licence granted by the Governor in Council or
the Postmaster General under the Telecommunication Ordinance is
in force, being a licence which (by whatever form of words)
authorizes the use of the station for the purpos of providing
broadcasting services for general reception;
'information' includes indictment;
'international court of justice' means the International Court of Justice
and any other judicial or arbitral tribunal deciding matters in
dispute between States;
legislature in relation to any part of the Commonwealth which is subject
to a central and a local legislature, means either of those
legislatures;
'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 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.
(Amended, 50 of 1911; 62 of 1911, Schedule, and 33 of 1961,
s. 3)
5. 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 196 1, 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)
7. (1) On the trial of any information for a defamatory libel. the
defendant having pleaded such plea as is hereinafter mentioned. the
truth of the matters charged may be inquired into, but shall not amount
to a defence, unless it was for the public benefit that the matters
charged should be published.
(2) To entitle the defendant to give evidence of the truth of the
matters charged as a defence to the information, it shall be necessary,
for him, in pleading to the information, to allege the truth of the matters
charged in the manner now required in alleging a justification to an
action of defamation, and further to allege that it was for the public
benefit that the matters charged should be published, and the particular
fact or facts by reason whereof it was for the public benefit that the
matters charged should be published, to which plea the prosecutor
shall be at liberty to reply generally denying the whole thereof.
(3) If after such plea the defendant is convicted on the information,
it shall be competent to the court, in pronouncing sentence. to consider
whether the guilt of the defendant is aggravated or mitigated by the
plea and by the evidence given to prove or to disprove the same:
Provided that
(a)the truth of the matters charged in the alleged libel
complained of by the information shall in no case be inquired
into without such plea of justification,
(b)in addition to such plea it shall be competent to the defendent
to plead a plea of not guilty;
(c)further, nothing in this Ordinance shall take away or prejudice
any defence under a plea of not guilty which it is now
competent to the defendant to make under such plea to any
information for defamatory words or libel.
8. Whenever, on the trial of any information for the publication of a
libel, under the plea of not guilty, evidence has been given which
establishes a presumptive case of publication against the defendant by
the act of any other person by his authority, it shall be competent to the
defendant to prove that the publication was made without his authority.
consent, or knowledge, and that the publication did not arise from want
of due care or caution on his part.
9. (1) In the case of any information at the instance of a private
prosecutor for the publication of any defamatory libel. if judgment is
given for the defendant, he shall be entitled to recover from the
prosecutor the costs sustained by the defendant by reason of the
information, and upon a special plea of justification to the information, if
the issue is found for the prosecutor. he shall be entitled to recover from
the defendant the costs sustained by the prosecutor by reason of such
plea.
(2) Costs so to be recovered by the defendant or prosecutor
respectively shall be taxed by the proper officer of the court before
which the information is tried.
10. It shall be lawful for any person who is a defendant in any
civil or criminal proceeding, in whatever manner commenced for or
on account or in respect of the publication by such person or by his
servant of any report of the Legislative Council by or under the
authority of such Council, to bring before the court in which such
proceeding has been commenced, or before a judge, first giving 24
hours' notice of his intention to do so to the plaintiff or prosecutor in
such proceeding, a certificate under the hand of the Governor, or of
the presiding member of such Council for the time being, or of the
Clerk of Councils, stating that the report in respect whereof the
proceeding has been commenced was published by such person or by
his servant by order or under the authority of such Council, together
with an affidavit verifying such certificate; and the court or judge
shall thereupon immediately stay such proceeding, and the same,
and every writ or process issued, shall be and shall be deemed and
taken to be finally put an end to, determined, and superseded.
11. In case of any civil or criminal proceeding to be com-
menced for or on account or in respect of the publication of any
copy of any such report it shall be lawful for the defendant, at any
stage of the proceeding, to lay before the court or judge the report,
and the copy, together with an affidavit verifying the report, and the
correctness of the copy; and the court or judge shall thereupon
immediately stay such proceeding, and the same, and every writ or
process issued therein, shall be and shall be deemed and taken to be
finally put an end to, determined, and superseded.
(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule; 63 of
1911, Schedule; 21 of 1912, s. 2, and 5 of 1924, s. 11)
12. It shall be lawful in any civil or criminal proceeding to
be commenced for printing or broadcasting any extract from or
abstract of any such report to give in evidence, in a civil case in
support of any allegation in defence, and in a criminal case under the
general issue, the report. and to show that the extract or abstract was
published bona fide and without malice; and if such is the opinion of
the jury, a verdict of not guilty shall be entered for the defendant.
(Amended, 50 of 1911; 62 of 1911, Schedule, and 33 of 196 1,
s. 6)
13. (1) A fair and accurate report in any newspaper or
broadcast of proceedings publicly heard before any court shall, if
published contemporaneously with such proceedings, be privileged:
Provided that nothing in this section shall authorize the publi-
cation of any blasphemous or indecent matter. (9 of 1901, s. 3,
incorporated. Amended, 50 of 1911; 62 of 1911, Schedule, and 33
of 1961, s. 7)
(2) Any report in a newspaper, and any broadcast report, of
committal proceedings in a case where publication is permitted by virtue
only of section 87A(5) and (6) of the Magistrates Ordinance, published
as soon as practicable after it is so permitted, shall be treated for the
purposes of subsection (1) as having been published or broadcast
contemporaneously with the committal proceedings. (Added, 6 of 1971,
s. 6)
14. (1) Subject to the provisions of this section, the publication in a
newspaper or the broadcasting of any such report or other matter as is
mentioned in the Schedule shall be privileged unless the publication is
proved to be made with malice,
(2) In an action for libel in respect of the publication of any such
report or matter as is mentioned in Part 11 of the Schedule, the
provisions of this section shall not be a defence if it is proved that the
defendant has been requested by the plaintiff to publish in the manner
in which the original publication was made a reasonable letter or
statement by way of explanation or contradiction, and has refused or
neglected to do so, or has done so in a manner not adequate or not
reasonable having regard to all the circumstances.
(3) Nothing in this section shall be construed as protecting the
publication of any matter the publication of which is prohibited by law,
or of any matter which is not of public concern and the publication of
which is not for the public benefit.
(Replaced, 33 of 1961, s. 8)
15. A magistrate, on the hearing of a charge against a proprietor,
publisher, or editor, or any person responsible for the publication of a
newspaper, for a libel published therein, may receive evidence as to the
matter charged in the libel being true, and as to the report being fair and
accurate and published without malice, and as to the publication being
for the public benefit, and as to any matter which, under this or any
other Ordinance or otherwise, might be given in evidence by way of
defence by the person charged on his trial on information, and if the
magistrate is of opinion that there is a strong or probable presumption
that the jury on the trial would acquit the person charged he may
dismiss the case.
(Amended, 50 of 1911;51 of 1911; 62 of 1911, Schedule, and
63 of 1911, Schedule)
16. If a magistrate, on the hearing of such a charge is of opinion
that, though the person charged is shown to have been guilty, the libel
was of a trivial character, and that the offence may be adequately
punished by virtue of the powers of this section, he shall cause the
charge to be reduced into writing and read to the person charged, and
then address a question to him to the following effect-Do you desire to
be tried by a jury or do you consent to the case being dealt with
summarily?' and if such person assents to the
case being dealt with summarily, the magistrate may summarily convict
him and adjudge him to pay a fine of $250.
(Amended, 50 of 1911;51 of 1911; 62 of 1911, Schedule, and
63 of 1911, Schedule)
17. In any action for libel or slander the defendant may give
evidence in mitigation of damages that the plaintiff has recovered
damages, or has brought actions for damages, for libel or slander in
respect of the publication of words to the same effect as the words on
which the action is founded, or has received or agreed to receive
compensation in respect of any such publication.
(Replaced, 33 of 1961, s. 9)
18. (1) No criminal prosecution shall be commenced against any
proprietor, publisher, editor, or any person responsible for the
publication of a newspaper for any libel published therein without the
order of a judge in chambers being first had and obtained. (Amended, 51
of 1911, and 63 of 1911, Schedule)
(2) The application for such order shall be made on notice to the
accused person, who shall have an opportunity of being heard against
such application.
(9 of 1901, s. 8, incorporated)
19. (1) It shall be competent for the High Court, on an application
by or on behalf of 2 or more defendants in actions in respect to the
same, or substantially the same, libel brought by one and the same
person, to make an order for the consolidation of such actions; and after
such order has been made, and before the trial of the said actions, the
defendants in any new actions instituted in respect to the same, or
substantially the same, libel shall also be entitled to be joined in a
common action on a joint application being made by such new
defendants and the defendants in the actions already consolidated.
(2) In such consolidated action the jury shall assess the whole
amount of the damages, if any, in one sum, but a separate verdict shall
be taken for or against each defendant in the same way as if the actions
had been tried separately; and if the jury have found a verdict against
the defendant or defendants in more than one of the actions so
consolidated, they shall proceed to apportion the amount of damages
which they have so found between and against the said last-mentioned
defendants; and similar provisions shall apply if the trial is before a
judge without a jury. The judge at the trial, if he awards to the plaintiff
the costs of the action, shall thereupon make such order as he may
deem just for the apportionment of such costs between and against
such defendants.
(9 of 1901, s. 5, incorporated)
(3) This section shall apply to actions for slander and to
actions for slander of title, slander of goods or other malicious
falsehood as it applies to actions for libel; and references to the
same, or substantially the same, libel shall be construed accordingly.
(Added, 33 of 1961, s. 10)
20. Any person charged with the offence of libel before any court
of criminal jurisdiction, and the wife or husband of the person so
charged, shall be competent, but not compellable, witnesses on every
hearing at every stage of such charge.
(9 of 1901, s. 9,
incorporated)
21. Words spoken and published which impute unchastity or
adultery to any woman or girl shall not require special damage to render
them actionable:
Provided that, in any action for words spoken and made actionable
by this Ordinance, a plaintiff shall not recover more costs than
damages, unless the judge at the trial certifies that there was reasonable
ground for bringing the action.
(9 of 1901, s. 10, incorporated. Amended, 29 of 1901, s. 14,
and 50 of 1911, s. 4)
22. For the purposes of the law of libel and slander, the
broadcasting of words shall be treated as publication in permanent form.
(Added, 33 of 1961,
s. 11)
23. In an action for slander in respect of words calculated to
disparage the plaintiff in any office, profession, calling, trade or
business held or carried on by him at the time of the publication, it shall
not be necessary to allege or prove special damage, whether or not the
words are spoken of the plaintiff in the way of his office, profession,
calling, trade or business.
(Added, 33 of 1961,
s. 11)
24. (1) In an action for slander of title, slander of goods or other
malicious falsehood, it shall not be necessary to allege or prove special
damage
(a)if the words upon which the action is founded are calculated to
cause pecuniary damage to the plaintiff and are published in
writing or other permanent form; or
(b)if the said words are calculated to cause pecuniary damage to
the plaintiff in respect of any office, profession, calling, trade or
business held or carried on by him at the time of the
publication.
(2) Section 22 shall apply for the purposes of this section as it
applies for the purposes of the law of libel and slander.
(Added, 33 of 196 1,
s. 11)
25. (1) A person who has published words alleged to be
defamatory of another person may, if he claims that the words were
published by him innocently in relation to that other person, make an
offer of amends under this section; and in any such case
(a)if the offer is accepted by the party aggrieved and is duly
performed, no proceedings for libel or slander shall be taken or
continued by that party against the person making the offer in
respect of the publication in question (but without prejudice
to any cause of action against any other person jointly
responsible for that publication);
(b)if the offer is not accepted by the party aggrieved, then,
except as otherwise provided by this section, it shall be a
defence, in any proceedings by him for libel or slander against
the person making the offer in respect of the publication in
question, to prove that the words complained of were
published by the defendant innocently in relation to the
plaintiff and that the offer was made as soon as practicable
after the defendant received notice that they were or might be
defamatory of the plaintiff, and has not been withdrawn.
(2) An offer of amends under this section must be expressed to be
made for the purposes of this section, and must be accompanied by an
affidavit specifying the facts relied upon by the person making it to
show that the words in question were published by him innocently in
relation to the party aggrieved; and for the purposes of a defence under
subsection (1)(b) no evidence, other than evidence of facts specified in
the affidavit, shall be admissible on behalf of that person to prove that
the words were so published.
(3) An offer of amends under this section shall be understood to
mean an offer
(a)in any case, to publish or join in the publication of a suitable
correction of the words complained of, and a sufficient
apology to the party aggrieved in respect of those words;
(b)where copies of a document or record containing the said
words have been distributed by or with the knowledge of the
person making the offer, to take such steps as are reasonably
practicable on his part for notifying persons to whom copies
have been so distributed that the words are alleged to be
defamatory of the party aggrieved.
(4) Where an offer of amends under this section is accepted by the
party aggrieved
(a)any question as to the steps to be taken in fulfilment of the
offer as so accepted shall in default of agreement between the
parties be referred to and determined by the High Court,
whose decision thereon shall be final;
(b)the power of the court to make orders as to costs in
proceedings by the party aggrieved against the person
making the offer in respect of the publication in question, or in
proceedings in respect of the offer under paragraph
(a), shall include power to order the payment by the person
making the offer to the party aggrieved of costs on an
indemnity basis and any expenses reasonably incurred or
to be incurred by that party in consequence of the publica-
tion in question;
and if no such proceedings as aforesaid are taken, the High Court
may, upon application made by the party aggrieved, make any such
order for the payment of such costs and expenses as aforesaid as
could be made in such proceedings.
(5) For the purposes of this section words shall be treated as
published by one person (in this subsection referred to as the
publisher) innocently in relation to another person if and only if the
following conditions are satisfied, that is to say-
(a)that the publisher did not intend to publish them of and
concerning that other person, and did not know of circum-
stances by virtue of which they might be understood to
refer to him,. or
(b)that the words were not defamatory on the face of them,
and the publisher did not know of circumstances by virtue
of which they might be understood to be defamatory of
that other person,
and in either case that the publisher exercised all reasonable care in
relation to the publication; and any reference in this subsection to
the publisher shall be construed as including a reference to any
servant or agent of his who was concerned with the contents of the
publication.
(6) Subsection (1)(b) shall not apply in relation to the publica-
tion by any person of words of which he is not the author unless he
proves that the words were written by the author without malice.
(Added, 33 of 1961, s. 11)
26. In an action for libel or slander in respect of words
containing 2 or more distinct charges against the plaintiff, a defence
of justification shall not fail by reason only that the truth of every
charge is not proved if the words not proved to be true do not
materially injure the plaintiffs reputation having regard to the truth
of the remaining charges.
(Added, 33 of 196 1, s. 11)
27. In an action for libel or slander in respect of words
consisting partly of allegations of fact and partly of expression of
opinion, a defence of fair comment shall not fail by reason only that
the truth of every allegation of fact is not proved if the expression of
opinion is fair comment having regard to such of the facts alleged or
referred to in the words complained of as are proved.
(Added, 33 of'] 96 1, s. 11)
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)
If
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 196 1, 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;
(b)an association formed in Hong Kong for the purpose of promoting or
safeguarding the interests of any trade, business, industry or profession, or
of the persons carrying on or engaged in any trade, business, industry or
profession, and empowered by its constitution to exercise control over or
adjudicate upon matters connected with the trade, business, industry or
profession, or the actions or conduct of those persons;
(c)an association formed in Hong Kong for the purpose of promoting or
safeguarding the interests of any game, sport or pastime to the playing or
exercise of which members of the public are invited or admitted, and
empowered by its constitution to exercise control over or adjudicate upon
persons connected with or taking part in the game. sport or pastime,
being a finding or decision relating to a person who is a member of or is subject by
virtue of any contract to the control of the association.
9. A fair and accurate report of the proceedings at any public meeting held in
Hong Kong, that is to say, a meeting bona fide and lawfully held for a lawful purpose
and for the furtherance or discussion of any matter of public concern, whether the
admission to the meeting is general or restricted.
10. A fair and accurate report of the proceedings at any meeting or sitting in
any part of Hong Kong of-
(a)any body, board or authority formed or constituted under the provisions of
any Ordinance or of any committee appointed by such body. board or
authority;
(b)any justice or justices of the peace acting otherwise than as a court exercising
judicial authority;
(c)any commission, tribunal, committee or person appointed for the purposes
of any inquiry by Letters Patent, Act of Parliament, Ordinance, by Her
Majesty, by the Governor or by the head of any department of Government;
(d)any other tribunal, board, committee or body constituted by or under, and
exercising functions under, an Ordinance,
not being a meeting or sitting admission to which is denied to representatives of
newspapers and other members of the public.
11. A fair and accurate report of the proceedings at a general meeting of any
company or association constituted, registered or certified by or under any Ordinance
or Act of Parliament or incorporated by Royal Charter, not being a private company
within the meaning of the Companies Ordinance, Chapter 32.
12. A copy or fair and accurate report or summary of any notice or other matter
issued for the information of the public by or on behalf of any Government
department, or by or on behalf of the Commissioner of Police.
13. A copy or fair and accurate report or summary of any notice or other
matter issued for the information of the public by or on behalf of the Consumer
Council. (Added, 23 of 1986, s. 4)
(Added, 33 of 1961, s. 12.Amended, 23 of 1986, s. 4)
Originally 5 of 1887. 9 of 1901. (Cap. 21, 1950.) 9 of 1901. 29 of 1901. 30 of 1911. 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 21 of 1912. 19 of 1917. 5 of 1924. 18 of 1929. 27 of 1937. 45 of 1954. 33 of 1961. 6 of 1971. 39 of 1985. 23 of 1986. Short title. Interpretation. [cf. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66, ss. 7, 9 & Schedule, Part III.] (Cap. 106.) 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. 2. 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. Trial of information for defamatory libel. 6 & 7 Vict. c. 96, s. 6. Evidence to rebut prima facie case of publication by agent. 6 & 7 Vict. c. 96, s. 7. Right of prosecutor and of defendant to costs on prosecution for private libel. 6 & 7 Vict. c. 96, s. 8. Stay of proceeding against person for publication of papers printed by order of Legislative Council upon certificate and affidavit of authority to publish. 3 & 4 Vict. c. 9, s. 1. Stay of proceeding when commenced in respect of copy of authenticated report, etc. 3 & 4 Vict. c. 9, s. 2. Defence in proceeding for printing extract from report, etc. 3 & 4 Vict. c. 9, s. 3. Privilege of newspaper report of proceedings in court. 51 & 52 Vict. c. 64, s. 3. 1967 c. 80, s. 5. (Cap. 227.) Qualified privilege of newspapers. [cf. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 7]. Schedule. Inquiry by magistrate as to libel being true, etc. 44 & 45 Vict. c. 60, s. 4. Provision as to summary conviction for libel. 44 & 45 Vict. c. 60, s. 5. Evidence of other damages recovered by plaintiff. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66, s. 12. Order of judge required for prosecution of newspaper proprietor, etc. 51 & 52 Vict. c. 64, s. 8. Consolidation of actions. 51 & 52 Vict. c. 64, s. 5. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 13. Person charged may give evidence. 51 & 52 Vict. c. 64, s. 9. Words imputing unchastity to woman or girl per se actionable. 54 & 55 Vict. c. 51, s. 1. Broadcast statements. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 1. Slander affecting official, professional or business reputation. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 66 s. 2. Slander of title, etc. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 3. Unintentional defamation. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 4. Justification. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 5. Fair comment. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 6. 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.
Abstract
Originally 5 of 1887. 9 of 1901. (Cap. 21, 1950.) 9 of 1901. 29 of 1901. 30 of 1911. 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 21 of 1912. 19 of 1917. 5 of 1924. 18 of 1929. 27 of 1937. 45 of 1954. 33 of 1961. 6 of 1971. 39 of 1985. 23 of 1986. Short title. Interpretation. [cf. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66, ss. 7, 9 & Schedule, Part III.] (Cap. 106.) 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. 2. 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. Trial of information for defamatory libel. 6 & 7 Vict. c. 96, s. 6. Evidence to rebut prima facie case of publication by agent. 6 & 7 Vict. c. 96, s. 7. Right of prosecutor and of defendant to costs on prosecution for private libel. 6 & 7 Vict. c. 96, s. 8. Stay of proceeding against person for publication of papers printed by order of Legislative Council upon certificate and affidavit of authority to publish. 3 & 4 Vict. c. 9, s. 1. Stay of proceeding when commenced in respect of copy of authenticated report, etc. 3 & 4 Vict. c. 9, s. 2. Defence in proceeding for printing extract from report, etc. 3 & 4 Vict. c. 9, s. 3. Privilege of newspaper report of proceedings in court. 51 & 52 Vict. c. 64, s. 3. 1967 c. 80, s. 5. (Cap. 227.) Qualified privilege of newspapers. [cf. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 7]. Schedule. Inquiry by magistrate as to libel being true, etc. 44 & 45 Vict. c. 60, s. 4. Provision as to summary conviction for libel. 44 & 45 Vict. c. 60, s. 5. Evidence of other damages recovered by plaintiff. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66, s. 12. Order of judge required for prosecution of newspaper proprietor, etc. 51 & 52 Vict. c. 64, s. 8. Consolidation of actions. 51 & 52 Vict. c. 64, s. 5. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 13. Person charged may give evidence. 51 & 52 Vict. c. 64, s. 9. Words imputing unchastity to woman or girl per se actionable. 54 & 55 Vict. c. 51, s. 1. Broadcast statements. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 1. Slander affecting official, professional or business reputation. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 66 s. 2. Slander of title, etc. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 3. Unintentional defamation. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 4. Justification. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 5. Fair comment. 15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 6. 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.
Identifier
https://oelawhk.lib.hku.hk/items/show/2250
Edition
1964
Volume
v3
Subsequent Cap No.
21
Number of Pages
13
Files
Collection
Historical Laws of Hong Kong Online
Citation
“DEFAMATION ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/2250.