JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ORDINANCE

JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ORDINANCE

LAWS OF HONG KONG

JUDICIAL PROCEEDINGS (REGULATION OF REPORTS)

ORDINANCE

CHAPTER 287

REVISED EDITION 1973

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG







CHAPTER 287

JUDICIAL PROCEEDINGS (REGULATION OF REPORTS)

To amend the law relating to contempt of court and to regulate the
publication of reports of judicial proceedings in such manner as to
prevent injury to public morals. (Amended, 14 of1973, s.2)

[15th April, 1955.]

1. This Ordinance may be cited as the Judicial Proceedings
(Regulation of Reports) Ordinance.

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

$&court' means any court, tribunal or person having by law power to
hear, receive and examine evidence on oath;

'court sitting in private' means any court sitting in camera or in
chambers;

'judicial proceedings' and 'proceedings' mean proceedings before any
court.

(Added, 14 of 1973, s. 2)

3. (1) It shall not be lawful to print or publish, or cause or procure to
be printed or published

(a)in relation to any judicial proceedings any indecent matter or
any medical, surgical or physiological details being matter or
details which are of a revolting or offensive nature or the
publication of which would be calculated to injure public
morals;

(b)in relation to any judicial proceedings for dissolution of
marriage, for nullity of marriage, or for judicial separation, or for
restitution of conjugal rights, any particulars other than the
following, that is to say

(i) the names, addresses and occupations of the parties and
witnesses;

(ii) a concise statement of the charges, defences and
counter-charges in support of which evidence has been
given;

(iii) submissions on any point of law arising in the course of
the proceedings, and the decision of the court thereon;

(iv) the summing-up of the judge and the finding of the jury
(if any) and the judgment of the court and observations made
by the judge in giving judgment:

Provided that nothing in paragraph (b) shall be held to permit the
publication of anything contrary to the provisions of paragraph (a).





(2) Any person who contravenes the provisions of subsection
(1) shall be guilty of an offence and shall be liable to a fine of
eight thousand dollars and to imprisonment for four months:

Provided that no person, other than a proprietor, editor,
master printer or publisher, shall be liable to be convicted under
this section.

(3) A prosecution under this section shall not be instituted
except by or with the consent of the Attorney General.

(4) Nothing in this section shall apply to the printing of any
pleading, transcript of evidence or other document for use in
connexion with any judicial proceedings or the communication
thereof to persons concemed in the proceedings, or to the printing
or publishing of any notice or report in pursuance of the directions
of the court; or to the printing or publishing of any matter in any
separate volume or part of any bona fide series of law reports
which does not form part of any other publication and consists
solely of reports of proceedings in courts of law, or in any publica-
tion of a technical character bona fide intended for circulation
among members of the legal or medical profession.
(Amended, 14 of 1973, s. 2)

4. (1) A person shall not be guilty of contempt of court on
the ground that he has published any matter calculated to interfere
with the course of justice in connexion with any proceedings
pending or imminent at the time of publication if at that time,
having taken all reasonable care, he did not know and had no
reason to suspect that the proceedings were pending, or that such
proceedings were imminent, as the case may be.

(2) A person shall not be guilty of contempt of court on the
ground that he has distributed a publication containing such
matter as is mentioned in subsection (1) if at the time of distribu-
tion, having taken all reasonable care, he did not know that it
contained any such matter as aforesaid and had no reason to suspect
that it was likely to do so.

(3) The proof of any fact tending to establish a defence
afforded by this section to any person in proceedings for contempt
of court shall lie upon that person.

(Added, 14 of 1973, s. 2)

5. (1) The publication of information relating to proceed-
ings before any court sitting in private shall not of itself be contempt
of court except in the following cases, that is to say-
(a)where the proceedings relate to the wardship or adoption
of an infant or wholly or mainly to the guardianship,
custody, maintenance or upbringing of an infant, or rights
of access to an infant;





(b)where the proceedings are brought under Part II IV of the
Mental Health Ordinance;

(c)where the court sits in private for reasons of national security
during that part of the proceedings about which the
information in question is published;

(d)where the information relates to a secret process, discovery or
invention which is in issue in the proceedings;

(e)where the court, having power to do so, expressly prohibits
the publication of all information relating to the proceedings or
of information of the description which is published.

(2) Without prejudice to subsection (1), the publication of the text
or a summary of the whole or part of an order made by a court sitting in
private shall not of itself be contempt of court except where the court,
having power to do so, expressly prohibits the publication.

(3) Nothing in this section shall be construed as implying that any
publication is punishable as contempt of court which would not be so
punishable apart from this section.

(Added, 14 of 1973, s. 2)
Originally 12 of 1955. 14 of 1973. Short title. Interpretation. [cf. 1960 c. 65, s. 12(3).] Restriction on publication of reports of judicial proceedings. Innocent publicatoin and distribution. 1960 c. 65, s. 11. Publication of information relating to proceedings in private. [cf. 1960 c. 65, s. 112.] (Cap. 136.)

Originally 12 of 1955. 14 of 1973. Short title. Interpretation. [cf. 1960 c. 65, s. 12(3).] Restriction on publication of reports of judicial proceedings. Innocent publicatoin and distribution. 1960 c. 65, s. 11. Publication of information relating to proceedings in private. [cf. 1960 c. 65, s. 112.] (Cap. 136.)

https://oelawhk.lib.hku.hk/items/show/3117

1964

v19

287

4