PRINTERS AND PUBLISHERS ORDINANCE, 1886

PRINTERS AND PUBLISHERS ORDINANCE, 1886

Printers and Publishers.

Ordinance No. 6 of 1886.

An Ordinance to regulate the painting of Newspapers and
Books and the keeeping of Printing Presses within the
Colony.

Beit enacted by the Governor of H.ongkon ;, with. the advice of the
Legislative Council thereof, as follows:-

[24th March, 1886.

PART I.

.Preliminary.

short tir-le.

1, This Ordinance may 'be cited for all hu rpo`ses as The Printers and
.Publishers Ordinance, 1886.

2Ordinances No. 2 of 1844 and No. 16 of 1860 are hereby
repealed, provided that such repeal shall. not affect the past operation
of
such Ordinances or either of them or anything done or suffered or arty
V
obligation or liability incurred thereunder.

,,,~;;.~a: 3, In the col)struction of this Ordinance, 1inless there is
anything

ana 45

v, in the subject or the contest repugnant thereto, the several, words and

a' ~' z'~ phrases hereinafter mentioned shall have and include the
meanings follow-

ing, that is to say :---_

. The word, IiRgishar shall mean the Registrar of the. Supreme
Court of Honghong ; . or either of the Deputy. Registrars
r thereof for the time being.
ORDINANCE No. 6 of 188:6.

Printers and Publishers.

') a.

The word newspaper shall mean any paper containing' public -.
news, intelligence, or occurrences, or any remarks or obser-
vations thereon, printed for sale and published in - the
Colony periodically or in parts or numbers at intervals not
exceeding twenty-six days between the publication of any
t«o such papers, parts, or numbers, also any paper, printed
in order to be distributed and made ,public weekly or
oftener or at intervals not exceedincr twenty-six days, con-
taining only or principally advertisements.
The word book shall mean every volume, part or division of a p :1ati f>
>t. c.
volume, pamphlet, sheet of letter press, sheet of music, map, ¢5' s' 2']
chart, or plan; separately printed or published in the
Colony, containing literary, scientific, artistic, or musical
composition, platter or work.
The word proprietor shall mean and include as Nvell the sole r14aild 45 v.
c.. (it, S. 1.
pro prietor of any newspaper as also, in the case of a divided
proprietorship, the persons who as partners or otherwise
represent and are responsible. for' any §hare or interest in
the newspaper as between themselves, and the persons in
like manner representing or responsible for the other shares
and interest therein and no other person. .
The phrases place of residence, place of business shall include
the street, square, or place, where the person to whom it
refers shall reside or - shall carry on business as the case
maybe, and the number (if any) or other designation of
the house. in Nvbich he shall so reside or carry on business.
'1 'he words nem<papcr r(yister shall mean the books to be kept
by the Registrar for the purpose of making and registering
all declarations requircd or permitted to be made by this
Ordinance and such books shall contain pf inted copies of
~, the forms prescribed by this Ordinance to be filled up by
the liegistrar and ,igned by the party making the declara-
tion. - `

PART II.

Printers, publishers, and proprietors.

4. From and after the expiration of seven days froln the coming
Nonewspape`
into operation of this Ordinance no newspaper shall be printed or pub- e
a cubuan.
Change of
place, print-
ing or ublish.

ing. Fl bid. )

Printer or

publisher

leaving.

.

Colony.

oRDIhTANCE. No. s of 1886:

Printers and Publishers. _

accordance lisped within the Colony except in conformity with the
provisions herein-
ya:ith the pro
visionsherein. after contained.

[lle-enact-
rnent No. 2' of
1844, a. 1. )
Declaration.
[2 of 1844,
s. 6. ]
C44 and 45 Y.

(1. ) The printer and publisher of every newspaper shall appear
before the Registrar an;l shall make and -subscribe in the
newspaper register a declaration according to the form
No. 1 in the schedule hereunto annexed.
( 2. ) As often as the place of printing or publication is changed
a new declaration shall be necessary.
( 3. ) As often as the printer or publisher who shall have made
the aforesaid declaration shall leave the Colony perma-
nently or temporarily, a declaration from another printer
or publisher resident within the Colony shall be neces-
sary.

Penalty nor 5. Whoever shall print or publish any newspaper without
conform-
Ge of ~ ~r*au icZ~ to the provisions in section 4, or whoever shall print
and publish or
(Ibid, a. 2.1 cause to be printed or published any newspaper knowing that
the said
~4

provisions have not been complied with, shall on conviction be liable to
a penalty of not exceedinb $I,OUO or to imprisonment for a term not
exceedinb six months.

D~elaration ' 6. If any, person, who has made and subscribed the
declaration
°a 'perS°IX prescribed by section 4, ceases to be the printer or publisher
of the news-
c~asmg.to be

Eaaid, $ a~:a. paper mentioned in such declaration, he may appear before
the Registrar

and may make and subscribe a' declaration in the newspaper register
according to the form No. 2 in the schedule hereunto annexed.
Change of 7, Upon every change of the proprietor of any newspaper, or upon
every
p roprietor-
ship. transfer or transmission of or dealing therein whereby any person
ceases

, P,
4 aid 4s v.

cso, s. s.) to be a proprietor or any new proprietor is, introduced, it
shall be the duty
of the printers and publishers for the tithe being of such newspaper
within 21 days from the time of such chance, transfer or transmission as.
aforesaid, to appear before the Rebistrar and subacribc a declaration in
the
newspaper register according to the form No. 3 in the schedule hereunto
w annexed.
Ppual . ty fog 8. If within the said period of twenty-one days such
declaration shall
omission to
make the not be made, then each printer and publisher of such newspaper
shall on
declaration .
in $. z. conviction be liable to a penalty not elceedivo, $1 ~U.

(44 and 45 Y.
a. 60, s. 10. ]
ORDINANCE o, 6 of 1886.

Printers and -Publishers.

9. Any party to a transfer or 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 mike or
cause to be made th.'e declaration prescribed by section 7 of this
Ordinance.

10. There in the opinion of the Governor in Council inconvenience
world prise or be caused in any case from making a declaration of the
names of all the proprietors of the newspaper (either owing to minority,
coverture, absence from the Colony, minute subdivision of shares or other
special circumstances it shall be lawful for the printers or publishers of
such newspaper, upon the order of the Goo=error in Council, to make such
declaration with the name or names of some one or more representative
proprietors.

11. The provisions hereinbefore contained in reference to the pro-
prietor of any newspaper shall not extend or apply to any newspaper
which belongs to a joint-stock company duly incorporated under the
Ordinances relating to joint-stock companies.

12. Every person who shall print any newspaper, paper, or hook for
hire, reward, gain or profit, shall carefully preserve and keep one copy
(at least) of every newspaper, paper, or book so 1?tinted by llim, on
which
he shall write or print, or cause to be written or printed in legible
charac-
tens the name and place of residence of the person or persons by whom he
is employed to print the same and shall keep and preserve the same for
the space of site months after the; printing thereof and shall produce and
show the same to a Police M abistr ate of the Colony if xequirecl to do so
within the said six months, and every person who shall omit or neglect
any of the provisions of this section shall on conviction he liable to a
penalty not exceeding one hundred dollars.

13. Every person who shall print any newspaper, paper, or book,
iutenlled to be distributed or made pl:blic, shall print upon tile front
of
-every such newspaper or paper, if the same shall be print~'d on one side
only, or upon, the first or last leaf of every newspaper, paper, or book,
which shall consist of more than one leaf, in legible characters his name
and usual place of residence or business, and every person who shall
distribute or publish or assist to ,distribute or publish any such news-
paper, paper, or book, without fulfillin; the requirements of this
section,
shall upon conviction be liable to a penalty not exceeding $25, for every
copy of such newspaper, paper or boob, so printed distributed or pLZblish-
ed by him.

Power for
party on . -
change of
proprietor-
ship to make
declaration.
[44 and 46 VT.
c. 60, s. 11.3
Authority to
mane declara-
tion of some
only of
proprietors.
[44 and 46 V.

Exception as
to newspaper ;s
and papers of
companies.
X44 aria 4.5 v.
C. so, s. Is.a

Printers to

beep copy of
newspapers
and boos and
to produce on
request of
Magistrate.
[39 GeO. ITT.
c. 79, s. 29,
;32 and 33 V.
c. 24.E

Month
means
calendar, s. 1
of 67.]
Penalty.

Printers to
print their
mines and.
addresses on,
newspapers
and boobs.
[2 and 3 v, c.
12, s. 2 ; 32
and. 33 v. c:
24 sch.]

Penalty.
ORDINANCE No. 6 of 1886.

Printers and .Publishers.

~o~°tp ~~ 14. Every person who shall print or publish or cause to be
printer

T_znEn=by
-printer ar
or published any newspaper, shall prior to such printing or publishing
Publisher [No. 1s of enter into a bond before the Registrar. together with
two sufficient sure-
zssa: so coo.

AIL o. 9. r.w. ties to tine satisfaction of the t~,e;istrar,~ such
printer or publisher or printer

4, e. 73,
zerio~.l~a by and publiher in the sum of twelve hundred dollars and such
sureties
33
V. c. 2 4. jointly in a like surn, conditioned that such printer ,.or
publisher or printer
and publisher shill pay every fine or penalty as may at any time be im-
posed 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 ti.mL after the entering into such bond

and also alt costs of such conviction; and further conditioned that every
such printer or publisher or printer an;l publisher shall pay all such
damages and costs as may be recovered or arise in any action for libel

published in such newspaper; and every person not covered by such
bond who shall print or publish or cause to b;; printed or published yany
newspaper without having entered into such bond with such sureties as.
aforesaid shall upon conviction for every such offence be liable to a
penalty not exceeding $100 together with the casts of conviction.
. ' 16. Every bond so given as aforesaid may be sued upon in the name
of the Attorney General of the Colony in cases of indictment or informa-
tion and of the plaintiff or plaintiffs in any action for libel in which
Id,ma ;es may be recovered.
16. In every case in which any surety in any such bond as aforesaid
shall have been required to pay and have paid the whole or any part of
the sum far ,which he shall have become surety; or in case he shall be-
come bankrupt or shall cease to reside in the Colony, then and in every
such case the person for whom such surety shall have been. bound shall
not print or publish any newspaper until he shall have entered into a
new bond with. sufl%cient sureties in the manner and to the amount afore-
said ; and in case he shall print or publish gray such newspaper without
Ia.ving executed such new bond as aforesaid, he shall be liable on con-
viction for every such'offence.to a penalty not exceed*na $100 together,
with the costs of conviction. , .

ivuham~,,i ~17. If any surety as aforesaid shall be desirous of
,withdrawing from

of sureties.

JRid, s. 4.] such ~ bond, it shall be lawful for him to do so capon giving
twenty days'.
previous notice in writing to the 1legistrar and also to his principal;
and
in every such case such surety shall upon the expiration of such notice-
OP DINAIVTCE No. 6 of 1886.

Printe~s grad Publishers.

cease to be liable upon such bond except for any penalty or penalties
damages or costs for or in respect of any libel which may have been print-
ed or published in such newspaper previous to the expiration of such
notice and for which he would otherwise have been liable under such.
bond; and in every such case the person for whom such surety shall#have
been bound shall not print or publish any newspaper.untxi he shall have
executed a new bond with sufficient sureties in the manner and to the
amount aforesaid; and in case he shall print or publish any such, news-
paper without par ing entered into such new bond as aforesaid, he shall
be liable on conviction for every such offence to a penalty not exceeding
$100, together with the costs of conviction.

18. All bonds entered into in pursuance of this Ordinance shall
Upon execution be deposited with the Registrar for safe custody.

PART III.

Printing presses.

Custody of
bonds.
[S. 6 of No.
16, of 1860,
altered,

19. From and after the expiration of seven, clays from the coining
Declaration
into operation of this Ordinance no person shall within the Colony keep
~a o ~No~ 2 af
in his possession and press for the printing of newspapers books or
papers 1844.1
who shall not have made and subscribed before the Registrar in the news-
paper register a declaration according to the form No. 4 in the schedule
hereunto annexed, such declaration to be .made in life manner as is pre-
scribed for the declarations hereinbefore mentioned, and whoever shall
keep in his possession any such press without making such declaration
shall on conviction be liable to a penalty not exceeding $1,000 ; or
impri-
sonment for a term not exceeding six months.. `

PART IV.

General.

2®. All persons shall be at liberty to search and inspect the news-
paper register from time to time durinb the hours of business of the
Supreme Court ~on payment 'of $l; for every such search and inspection,
and any person may require ~ a copy of any entry or an extract from the
said book to be certified by the Rebistrar under the seal of the Court on

payment of $2 for~every such copy. __

search.
Inspection.
Certified
copies.
[No. 2 of 184;
s. 3, 5, 44 and
4_i V, c. 60, s~
'ORDINANCE No. 6 of 1886.

rCapes of
entries-, &e. in
register to be
evidence of
contents.
[44 and 45 V.
C. 60, 15,
substituted
for No: 2 of
1844, ss. 3, 5

in part.]

[TtLis covers
s, 6 of No. 2
of 1844.]

Pointers and Publishers.

21. Every copy of an entry in or extract from the newspaper regis-
ter as aforesaid purporting to be certified by the Registrar under the
seal
of the said Court shall be received as conclusive evidence of the contents
of the said register so far as the same appear in such copy or extract
witlaout proof of the signature thereto or of the seal of the Court
affixed
thereto and every such certified copy or extract shall in all proceedings
civil or criminal be accepted as sufficient prima facie evidence of all
the
matters and things thereby appearing unless and until the contrary there-
of be shown.

Penalty for 22, If any person shall knowingly and wilfully make or cause to
i ~u: be made, any declaration by this Ordinance required or permitted to
lie
t~o~ e~nta- made in which there shall be any untruth or misrepresentation
or from
which there shall be any omission in respect of any of the particulars by
of 444a~a'~s this Ordinance required to be contained therein whereby such
declaration
V' °' so'I shall be misleading, or if any proprietor of a newspaper shall
knowingly
and wilfully permit any declaration under sections 4 and 7 of this Ordi-
nance to be made which shall be misleading with reference to his own
name, occupation, place of business (if any) or place of residence, every

such offender being convicted thereof shall be liable to a penalty not ex-
ceedinz $500.

Gfen.eral
exceptions,
X89- ~eo,

III
0 1 11ga ' s~1; re-
.eneted in: 32
!and 83 v. c.
oQ4--seh:]

,

23. 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 addresses or business or profession of any person or of the
article in which he deals or of any paper containing an advertisement of
the sale of any estates or goods by auction or otherwise or of ordinary
business notices or advertisements. .

Recovery of 24. All penalties under this Ordinance may be recovered. sum-

penalties.

5 v. naarily before a Police Magistrate- according to the laws for the
time

.~. so, s. is.a being in force within the Colony regulating summary
procedure.

Limitation of 25. No persons shall be prosecuted or sued for any penalty
imposed
prosecution
or r ~tai . by this Ordinance unless such prosecution shall be commenced
or such
ass Geo' In.
Z action shall be browght within 6 months next after such pmalty shall
~s, ~. ~4.I
r have been incurred; nor unless such prosecution or action be commenced,
prosecuted, entered, or filed in the name of the Attorney General for the
time being of the Colony and with his assent
ORDINNSCE No. 6 or 1886.

Printers and Publishers,

26. This Ordinance shall commence and, come into operation on a Commence-
ment of
day to be proclaimed by the Governor. orcliriance.

THE SCHEDULES ABOVE REFERRED TO.

Form I.

I, [full name and address] declare that I ,am the printer [or publisher
or printer

and publisher as the case may be] of the newspaper entitled
and printed [or published or printed and published as the case
may bed at Hongkong, the premises where such printing [or publication or
printing
and publication] is carried on are situate at [here describe them
precisely] and I further
declare that [here state the ,lull name of the proprietor or proprietors
or 'representative
proprietors,' (see s. 10),] is (or are) the proprietor [or proprietors or
'representative
proprietors'] of the said newspaper [here state their respective
occupations, places of
business (if any) and places of residence.]

Declared, &c.

[Signature of Registrar. and t
deal of the Court.

[Signature of printer and publisher, &c.]

Form II.

I, [then follows as in last form] declare that I have ceased to be the
printer [or Form of
publisher or printer and of the newspaper entitled here insert name
of under R~c'~
p P publisher] [ paper.]

[S'ignature and Declaration as in last forma

Form III.

I, [then follows as inform I] the printer [or publisher or printer and
publishers Porn-, of
. declaxatinu
of the newspaper entitled [state name] declare that [state full named has
ceased to be under ss. 7, ¢.
the proprietor [or a proprietors of the said newspaper entitled [state
name] and that
[state full names with his or their occupation, place of business (if
any) and place of residence
is [or ar%.] now the proprietor [or proprietors thereof.

Declared [as in form L]

[Sigwatzare of person making deelaraiion. ]

Form IV.

I, [state 'name and place of residences declare that I have a press for
printing at corm of
[here state the place where the press is kept gluing a true and precise
discription of the under stdeclar lis.

premises.

Form of doclarx.
Lion by printer
..d/.r publisher
under s. 4,

[Signature and declaration as inform 1:

[In, forcefrom 12th July, 1886, under prbclamatiow T Otlc July, r886.]
1958

Short title.
Repeal.
Interpretation.
[44 and 45 V. c. 60, s. 1.]
1959
[5 and 6 V. c. 45, s. 2.]
[44 and 45 V. c. 60, s. 1.]
No newspaper to be published save in
1960
accordance with the provisions herein.
[Re-enactment No. 2 of 1844, s. 1.]
Declaration.
[2 of 1844, s. 6.]
[44 and 45 V. c. 60, s. 9.]
Change of place, printing or publishing.
[Ibid.]
Printer or publisher leaving Colony.
[Ibid.]
Penalty for non-observance of s. 4.
[Ibid. s. 2.]
Declaration on person ceasing to be printer, &c.
[Ibid, sec. 5.]
Change of proprietorship.
[44 and 45 V. c. 60, s. 9.]
Penalty for omission to make the declaration in s. 7.
[44 and 45 V. c. 60, s. 10.]
(25.) 1961
Power for party on change of proprietorship to make declaration of some only of proprietors.
[44 and 45 V. c. 60, s. 7.]
Exception as to newspapers and papers of companies.
[44 and 45 V. c. 60, s. 18.]
Printers OT keep copy of newspapers and books and to produce on request of Magistrate.
[39 Geo. III. c. 79, s. 29, 32 and 33 V. c. 24.]
[Month means calendar, s. 1 of 67.]
Penalty.
(20.)
Printers to print their names and addresses on newspapers and books.
[2 and 3 V. c. 12, s. 2 ; 32 and 33 V. c. 24 sch.]
Penalty.
(5.)
1962
Bond to be given by printer or publisher.
[No. 16 of 1860. 60 Geo. III. c. 9. I.W. 4, c. 73, repealed by 32 and 33 V. c. 24.]
(250.)
Attorney General or plaintiff to sue upon bonds.
[S 2, No. 16 of 1860.]
New sureties in certain cases.
[Ibid, s. 3.]
Withdrawal of sureties.
[Ibid, s. 4.]
1963
Custody of bonds.
[S. 6 of No. 16, of 1860, altered.]
Declaration by possessor.
[8 of No. 2 of 1844.]
Search.
Inspection.
Certified copies.
[No. 2 of 1844, s. 3, 5, 44 and 45 V. c. 60, s. 13.]
1964
Copies of entries, &c. in register to be evidence of contents.
[44 and 45 V. c. 60, 15, substituted for No. 2 of 1844, ss. 3, 5 in part.
[This covers s. 6 of No. 2 of 1844.]
Penalty for making wilful misrepresentation in declarations.
[S. 9 of No. 2 of 1844, s. 12 of 44 and 45 V. c. 60.]
(100.)
General exceptions.
[39 Geo. III c. 79, s. 1, re-enacted in 32 and 33 V. c. 24 sch.
Limitation of prosecution or action.
[39 Geo. III c. 79, s. 34.]
1965
Commencement of Ordinance.
Form of declaration by printer and/or publisher under s. 4.
Form or declaration under s. 6.
Form of declaration under ss. 7, 9.
Form of declaration under s. 19.

1958

Short title.
Repeal.
Interpretation.
[44 and 45 V. c. 60, s. 1.]
1959
[5 and 6 V. c. 45, s. 2.]
[44 and 45 V. c. 60, s. 1.]
No newspaper to be published save in
1960
accordance with the provisions herein.
[Re-enactment No. 2 of 1844, s. 1.]
Declaration.
[2 of 1844, s. 6.]
[44 and 45 V. c. 60, s. 9.]
Change of place, printing or publishing.
[Ibid.]
Printer or publisher leaving Colony.
[Ibid.]
Penalty for non-observance of s. 4.
[Ibid. s. 2.]
Declaration on person ceasing to be printer, &c.
[Ibid, sec. 5.]
Change of proprietorship.
[44 and 45 V. c. 60, s. 9.]
Penalty for omission to make the declaration in s. 7.
[44 and 45 V. c. 60, s. 10.]
(25.) 1961
Power for party on change of proprietorship to make declaration of some only of proprietors.
[44 and 45 V. c. 60, s. 7.]
Exception as to newspapers and papers of companies.
[44 and 45 V. c. 60, s. 18.]
Printers OT keep copy of newspapers and books and to produce on request of Magistrate.
[39 Geo. III. c. 79, s. 29, 32 and 33 V. c. 24.]
[Month means calendar, s. 1 of 67.]
Penalty.
(20.)
Printers to print their names and addresses on newspapers and books.
[2 and 3 V. c. 12, s. 2 ; 32 and 33 V. c. 24 sch.]
Penalty.
(5.)
1962
Bond to be given by printer or publisher.
[No. 16 of 1860. 60 Geo. III. c. 9. I.W. 4, c. 73, repealed by 32 and 33 V. c. 24.]
(250.)
Attorney General or plaintiff to sue upon bonds.
[S 2, No. 16 of 1860.]
New sureties in certain cases.
[Ibid, s. 3.]
Withdrawal of sureties.
[Ibid, s. 4.]
1963
Custody of bonds.
[S. 6 of No. 16, of 1860, altered.]
Declaration by possessor.
[8 of No. 2 of 1844.]
Search.
Inspection.
Certified copies.
[No. 2 of 1844, s. 3, 5, 44 and 45 V. c. 60, s. 13.]
1964
Copies of entries, &c. in register to be evidence of contents.
[44 and 45 V. c. 60, 15, substituted for No. 2 of 1844, ss. 3, 5 in part.
[This covers s. 6 of No. 2 of 1844.]
Penalty for making wilful misrepresentation in declarations.
[S. 9 of No. 2 of 1844, s. 12 of 44 and 45 V. c. 60.]
(100.)
General exceptions.
[39 Geo. III c. 79, s. 1, re-enacted in 32 and 33 V. c. 24 sch.
Limitation of prosecution or action.
[39 Geo. III c. 79, s. 34.]
1965
Commencement of Ordinance.
Form of declaration by printer and/or publisher under s. 4.
Form or declaration under s. 6.
Form of declaration under ss. 7, 9.
Form of declaration under s. 19.

https://oelawhk.lib.hku.hk/items/show/493

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No. 6 of 1886

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