REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE

REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE

LAWS OF HONG KONG

REGISTRATION OF LOCAL NEWSPAPERS

ORDINANCE

CHAPTER 268





CHAPTER 268

REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ...
... ... ... ... ... ... ... ... ... ... ... ... ... 2
3-6. [Repealed 1 ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... 3
7. Registration of local newspapers ... ... ... ... ... ... ... ... ... ... 3
8-10. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
11. Unlawful to furnish incorrect particulars ... ... ... ... ... ... ... ... 3
12. Certified extract from local newspaper register to be admissible in evidence ... ...
3
13. Presumption as to printer ... ... ... ... ... ... ... ... ... ... ... ... 3
14. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
15. Vicarious responsibility of proprietor, printer, publisher and editor ... ... ... 4
16. Service of process ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
17. Copies of local newspapers to be delivered to Registrar ... ... ... ... ... ... 4
17A. Evidence for civil or criminal proceedings ... ... ... ... ... ... ... ... ... 4
18. Regulations ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... 5
19. Cessation of publication, etc . ... ... ... ... ... ... ... ... ... ... ... 6
20. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6
21. Amendment of Schedule ... ... ... ... ... ... ... ... ... ... ... ... 6

Schedule. Publications excluded from definition of newspaper ... ... ... ... ...
... 6





CHAPTER 268

REGISTRATION OF LOCAL NEWSPAPERS

To provide for the registration of local newspapers and news agencies
and the licensing of newspaper distributors and for matters
connected therewith. (Replaced, 15 of 1987, s. 2)

[1 July 1951.]

1. This Ordinance may be cited as the Registration of Local
Newspapers Ordinance.

(Amended, 15 of 1987, s. 3)

2. In this Ordinance, unless the context otherwise requires-

'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 Hong Kong; (Amended, 15 of
1987, s. 4)

'contravene' includes a failure to comply;

,,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;

'local newspaper' means a newspaper printed or produced in Hong
Kong; (Replaced, 15 of 1987, s. 4)

'newspaper' means any paper or other publication and any supplement
thereto available to the general public which

(a)contains news, intelligence, occurrences or any remarks,
observations or comments in relation to such news,
intelligence, or occurrences or to any other matter of public
interest; and

(b)is printed or produced for sale or free distribution and
published either periodically (whether half-yearly, quarterly,
monthly, fortnightly, weekly, daily or otherwise) or in parts or
numbers at intervals not exceeding 6 months; and

(c)does not comprise exclusively any item or items specified in
the Schedule; (Replaced, 15 of 1987, s. 4)

'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,
electrical or other copying process in Hong Kong and the collection
of such pieces of paper, cloth or other material in any bound or
other permanent form (Replaced, 15 of 1987, s. 4)





'proprietor' includes lessee;

'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.

3-6. [Repealed, 15 of 1987, s. 5]

7. (1) Every local newspaper shall be registered in accordance with
regulations made under section 18.

(2) The proprietor of any local newspaper may at any time give
notice to the Registrar that he desires the registration of that local
newspaper to cease and the Registrar shall, on the receipt of such
notice, cancel the registration of that local newspaper which shall cease
to be registered from the date of such cancellation.

(Replaced, 15 of 1987, s. 6)

8-10. [Repealed, 15 of 1987, s. 7]

11. Where any particular is by this Ordinance or by any
regulation made thereunder thereunder required to be furnished and
any
particular furnished by way of compliance with such requirement is
incorrect, the person who certified the correctness of such particular
shall be deemed to have committed an offence against this Ordin-
ance 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.

12. In any proceedings whatsoever against the proprietor, printer,
publisher or editor of any local newspaper, it shall be lawful for the
complainant or plaintiff to put in any entry in or certified extract from any
register of local newspapers kept by the Registrar in accordance with
regulations made under section 18, either(Amended, 15 of 1987, s. 8)

(a)as evidence of the truth of the matters stated in such entry or
extract; or

(b)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.

13. In any proceedings whatsoever it shall, unless the contrary is
proved, be presumed that the person whose name appears in any local
newspaper or other document as the printer of that local newspaper or
other document is in fact the printer.

(Replaced, 15 of 1987, s. 9)

14. [Repealed, 15 of 1987, s. 10]





15. On the trial of the proprietor, printer, publisher or editor
of any local newspaper, or the printer of any other document, for
any offence in which an ingredient is the publication of matter
contained in any issue of such local newspaper or in such document,
the accused person shall be presumed to have published all matter
contained in such issue or in such document, as the case may be,
unless he proves that the publication was made without his author-
ity, consent or knowledge, and that the publication did not arise
from want of the due care or caution on his part.
(Replaced, 57of 1955,s. 3. Amended, 15 of 1987,s.]])

16. Without prejudice to any other method of service, any
process whatsoever, civil or criminal, addressed to the proprietor,
printer, publisher or editor of any local newspaper shall for all
purposes be deemed to be duly served if left with some adult at or
sent by registered post to the registered address of the office of the
local newspaper.
(Amended, 15 of 1987, s. 12)

17. (1) The publisher or, failing him, the printer of every local
newspaper shall, on every day on which that local newspaper is
published or on the day next following (other than a holiday),
deliver or cause to be delivered to the Registrar a copy of that local
newspaper and of every published second or other varied edition or
impression thereof.

(2) The copy of every local newspaper delivered to the Regis-
trar under subsection (1) shall bear the signature, full name and
address of the printer or publisher thereof or the signature, full name
and address of some other person appointed and authorized by that
printer or publisher for that purpose and whose appointment and
authority have been lodged with the Registrar.

(3) The Registrar shall keep in his possession the copy of every
local newspaper delivered to him under subsection (1) for a period of
not less than 6 months after which time he may destroy or otherwise
dispose of that copy.
(Replaced, 15 of 1987, s. 13)

17A. (1) Where any person requires a copy of a local newspa-
per delivered to the Registrar under section 17(1) to be produced in
evidence in any civil or criminal proceedings, the Registrar shall
cause the copy of that local newspaper to be produced in court at the
expense of the person applying for it, or shall deliver the copy to that
person taking reasonable security for its return.

(2) A copy of a local newspaper produced or delivered under
subsection (1) shall be sufficient evidence of any matter or thing
contained therein.

(3) Every proprietor, printer, publisher or editor of a copy of a
local newspaper produced or delivered under subsection (1) shall be
deemed to be the proprietor, printer, publisher or editor respectively





of all local newspapers which are of the same title, purport or effect
as the copy of the local newspaper so produced or delivered (any
minor variations being disregarded) unless the proprietor, printer,
publisher or editor proves that those local newspapers were not
printed, published or edited by him or with his knowledge or
consent.
(Added, 15 of 1987, s. 13)

18. The Governor in Council may by regulation provide for-

(a)the registration of local newspapers and news agencies and
their proprietors, printers, publishers and editors and the
keeping of registers for that purpose; (Replaced, 15 of
1987,s. 14)

(b)the licensing of newspaper distributors upon such condi-
tions as may be prescribed by regulation;

(c)the prohibition of the distribution of newspapers except by
newspaper distributors licensed for that purpose;

(d)the regulation of the distribution with or in newspapers of
documents not forming an integral part thereof,

(e)the supply by newspaper distributors to the Registrar of a
copy of newspapers printed or produced outside Hong
Kong;

[Deleted, 15 of 1987, s. 14]

(g)the particulars to be furnished in connexion with registra-
tion or licensing, notification of any change in the required
particulars and the manner in which and the conditions
upon which effect may be given or refused to be given.. to
any such change;

(h)the manner in which the identity of the printer of any local
newspaper or other printed document and the time of
printing or publication shall be established, and in particu-
lar for the printing of the printer's name and address on
local newspapers and other printed documents;

(i)the prohibition of the editing, printing, publication,
possession and distribution of local newspapers and other
printed documents which do not comply with the require-
ments of any regulations made pursuant to this section;

(j)the retention by the printer of copies of local newspapers
and other printed documents, the particulars to be inscribed
on such retained copies and the production of retained
copies to such persons as may be prescribed;

(k) [Deleted, 15 of 1987, s. 141

(1)granting exemption from all or any of the provisions of
this Ordinance or of any of the regulations made there-
under;





(m) fees;

(n) forms;

(o)anything which is by this Ordinance to be provided by
regulation.

(Replaced, 57 of 1955, s. 4. Amended, 15 of 1987, s. 14)

19. If any local newspaper ceases publication, or any news agency
ceases to issue bulletins, for a consecutive period of not less than 6
months, the registration thereof under any regulations for the time being
in force shall be deemed to have lapsed.

(Added, 57 of 1955, s. 5. Amended, 15 of 1987, s. 15)

20. (1) Any person who commits an offence against this Ordinance
shall be liable

(a)on summary conviction to a fine of $5,000 and to imprisonment
for 1 year; and

(b)upon conviction on indictment to a fine of $ 15,000 and to
imprisonment for 3 years.

(2) Every printer or publisher of a local newspaper who
contravenes the provisions of section 17 as to the delivery of copies of
such local newspaper at the office of the Registrar shall be liable on
summary conviction to a fine of $1,000.

(Amended, 15 of 1987, s. 16)

21. The Governor in Council may, by notice published in the
Gazette, amend the Schedule.

(Added, 15 of 1987, s. 17)

SCHEDULE [ss. 2 & 2 1.1

PUBLICATIONS EXCLUDED FROM DEFINITION
OF NEWSPAPER

Item Description
1. Academic journals.
2. Almanacs.
3. Cartoons and comic strips.

4. Collections of photographic images (with or without captions).
5. Commercial advertisements and corn commercial advertising circulars and

brochures.

6. Commercial circulars.
7. Company and partnership reports and company prospectuses.
8. Consumer information and reports.
9. Election pamphlets and posters.
10. Financial, economic and statistical reports.
11. Information sheets and newsletters relating to clubs, educational

institutions, professional associations, societies, trade unions and other
organizations.





12. Maps, charts and tables.
13. Price lists.
14. Public speeches and statements.
15. Racing tips, racing form reports and other related materials.
16. Religious materials.
17. Sales catalogues.
18. Sheet music.
19. Trade catalogues and journals.
20. Travel brochures.
(Replaced, 15 of 1987, s. 18)
Originally 15 of 1951. 57 of 1955. 8 of 1977. 40 of 1985. 15 of 1987. G.N.A.114/51. Short title. Interpretation. Schedule. Registration of local newspapers. Unlawful to furnish incorrect particulars. Certified extract from local newspaper register to be admissible in evidence. Presumption as to printer. Vicarious responsibility of proprietor, printer, publisher and editor. Service of process. Copies of local newspapers to be delivered to Registrar. Evidence for civil or criminal proceedings. Regulations. Cessation of publication, etc. Penalties. Amendment of Schedule.

Originally 15 of 1951. 57 of 1955. 8 of 1977. 40 of 1985. 15 of 1987. G.N.A.114/51. Short title. Interpretation. Schedule. Registration of local newspapers. Unlawful to furnish incorrect particulars. Certified extract from local newspaper register to be admissible in evidence. Presumption as to printer. Vicarious responsibility of proprietor, printer, publisher and editor. Service of process. Copies of local newspapers to be delivered to Registrar. Evidence for civil or criminal proceedings. Regulations. Cessation of publication, etc. Penalties. Amendment of Schedule.

https://oelawhk.lib.hku.hk/items/show/3050

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