DEFAMATION AND LIBEL ORDINANCE, 1887

DEFAMATION AND LIBEL ORDINANCE, 1887

No. 5 of 1887.

An Ordinance entitled An Ordinance to amend the Law respecting Defamatory Words and Libel.

[22nd February, 1887.]

E it ehactEd by the Governor of Hongkong, with the advice of the
Legislative Council thef°eof, as follows :-

shnir:t title, w 1: `dais Ordinance may be cited for all purposes as ' Pie
Defartr.ar
t2on and Libel Ordinance, 18S?'.'

~~a~ of N~r: 2, So much of Ordinance 10. 8 of 1854 as relates to the Act
passed
~jn ~t 85'~ in: the 6th and i th years of Her Present Illajesty chapter
ninety-six is
.hereby repealed, but such repeal shalh not affect anytloing lam,fially
done
or suffered thereunder.
ORDINANCE No. 5 of 1$87.

-Defamation and Libel.

3. In any action or suit for defamation it shall be lawful for the
defendant (after notice in writing of his intention so to do, duly given
to
the plaintiff within a reasonable time before the hearing of the cause to
dive in evidence in roitibation of dmnaaes that he made or offered an
apology to the plaintiff' for such defamation before the commencement of
the action or suit or as soon afterwards as he had all opportunity of
doing
so in case the action or suit shall have been commenced before there teas
an opportunity of making or oflnerincr such apology.
$. In an action or suit for a libel contained in any public newspaper
or other periodical publication it shall be competent to the defendant to
set up as a defence that such libel was inserted in such newspaper or
other periodical publication without actual malice, and without gross
neligence, and that before the commencement of the action or suit or at
the earliest opportunity afterwards, he inserted in such newspaper or
other periodical publication a full apology for the slid libel, or if the
newspaper or periodical publication in which the mid libel appeared should
be ordinarily published at intervals exceeding one week, had offered to
publish the said apology in any newspaper or periodical publication to be
selected by the plaintiff in such action or snit or that to such defence
to
such action or suit it shall be competent to the plaintiff to reply
generally
denying the whole of such defence provided always that it shall not be
competent to any defendant in such action or suit to file any such defence
as aforesaid without at the same tune 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 or suit.
5. If any person shall publish or threaten to publish any libel upon
any other person, or shall .directly or indirectly threaten to print or
publish, or shell directly or indirectly propose to abstain from printing
or,
publishing any matter or thin t.olaching any other person with intent to,
extort any money or security for money, or any valuable thing from such
or any other person, or with intent to induce any person to confer or
procure for any person any appointment or office of profit or trust, every
such offender, on being convicted thereof can information shall be, liable
to imprisonment with or without hard labour, for any term not exceeding,,
three years ; provided'alwa5-s, that nothing herein contained shall in any
xninnei alter or affect any law or Ordinance now in force in respect of
the

sending ar delivery of threateni~nb letters or writings.

1 1-1090'

cffex of an'
apology ad-
nissible in
evidence :n
mitigation off,
damages in
action or suit
for defa,mR-
t.ion.
[ (i an d i V. o~
yb s. 1.]

Plea of -
absence of
malice, ~t o.,
and of .

ILpology.
C 6 and t v. G.
96 s, p.,]

1'nblisliing cir
threatening
to publish z
libel or pro-
posing to
abstain from -
publishing
an, Y thing
with intent to
.extort moues,

punishable bar
imprisonment
and hard
labour.
r 6 and 7 V, c.
ORDINANCE No. 5 OF -1887.

FravisA as to
pies of not

I It . n civil

U, y I

and criminal
pmceedings.

Defanzation. and Libel.

V48e defama- 6. If any person sliall maliciously publish any defamatory
libel,
toxy libel

puLshableby knowilig the carne to he false every such person, being c:anv
icted thereof

Mhrisolunent
:end tine. shall be liable t0 1,T1p1'ISaI'1T1'1e11t for any tenor mot
eLC2e;lin~ two years, and
(6 and 7 V. c.
9G,~s. 4.] to pay such fine as the Court shall award.
Malicious 7. If any person shall maliciously publish any cTefanntory
libel, every
defamatory .

libel, by ' . such person, bein(; convicted thereof shall be liable to
fine or imprison-

imprisonment
/,,
Ax fine. Illellt, or both as the lJoLlrt tl'lay award, such
itT)p.'isonment Dot t0 exceed
[(i arid r v, c. .

9a, s. 5.3 . the terra of one year.

Proceedings $, On the trial of any information for a defamatory libel, the
cJefend-

ulaAn the trial

of an informa- ant having pleaded such plea as hereinafter mentioned the
truth of the-

t'CAn for a

defamatory matters char4ed rnay be inquire;l~into, but shall not amount to
a defence,

libel.

f6 and 7 v. C. unless it was for the public benefit that the said matters
charged should
be published; and that to entitle the defendant to give evidence of the
truth of such matters charged as a defence to such information it shall be
necessary for the defendant, in pleading to the said information, to
allege
the truth of the said lna,tters charged in the manner now required in
alleging a justification t0 ally action or suit of defamation, and further
to allege that it was for the public benefit that the said matters charged

should be published, and the particular fact or facts by reason whereof
it for the public benefit that thesaid matters charged should be publisll-
e d,tovvhich plea the prosecutor shall , be at liberty to reply generally
dgnyinz the; whole thereof; and if after such plea the defendant shall .be
convicted on such information it shall be competent to the Court, in
pronotlncin(y sentence, to consider whether the guilt of the defendant is
aggravated or tniticra.ted by the said plea and by the evidence given to
Drove or to disprove the same.: provided always, that the truth of the
Matters charted in the alleged libel complained of by such , information
sh~alv in no case be -inquired into without such plea of justification
provided also, that in addition 'to such-plea it shall be competent to the
defendant to plead a plea of not guilty; provided also, that t *nothino,
in
this., Ordinance' contained shall take away or prejudice ally defence
under
,
a plea. of not guilty which it is now competent to the defendant to make

under such plea to any information fur defamatory. words or libel. .

Evidence to, ' 9, Whensoever, upon the trial of any information.for the
publica-
tion of a libel, under the plea of 'not guilty evidence shall have been

i>ublicatfQn , ;, . .

by an agent: 9,lven which shall establish a presumptive case of
publication against. the
'if; and. 7 V a

~:: 9s. 7:] ''ndant.,by the act of any other 13erson by his authority, it
shawl be

cy mheteut to such defendant. to prove . that such publication was inade
ORDINANCE No., 5 OF 1887.

Defamation and Libel.

without his authority, consent, or knowledge, and that the said publie.a-
tion (lid not arise fro.n want of due care or caution on his part.
10, In the case of any information at the instance of a private
prosecutor for the publication of any defamatory libel, if j udrnent shall
he giv un for the defendant, he shall be entitled to recover from the
prosecutor the costs sustained by the said defendant by reason of such
i:xforlnZtion and upon a special plea of j«stification to such
mfai'inatlon,
if the issue be found for the prosecntar, he shall be entitled to recover
from the defendant the costs sustained by the prosecutor by reason of
such plea, such casts so to be recovered by the defendant or prosecutor
respectivelv to 1>e t<nxed by the proper officer of the (court before
which
the said information is tried.
11. It shall and .nay b;; lawful for any person who raw is, or bere-
~Lfter shall be a defendant in any civil or,criminal proceedings commenced
or prosecuted in any iuanner soever, fur or on account or in respect of
the publication by any such person or by his servant of any reports,
papers, votes, or l)rocee(linns of the Legislative Council of the Colony
by
or under the authority of such Council, to bring before the Court in
which such proceeding shell have been or shall be so commenced or pro-
secuted, or before any Judge of the same first giving twenty-four hours'
notice of his intention so to do to the prosecutor, or plaintiff in such
pro-
needing, a certificate under the hand of the Governor or the presidia;
member of such Council for the time being onof the clerk of the Council
stating that the report, paper, votes, or proceedings! as the case may be;
in respect whereof such civil or criminal proceeding shall have been
commenced or prosecuted, 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 such Conrt or Judge shall thereupon
immediately stay such civil or criminal proceeding, aid the same, and
-every writ of process issued, shall be and shall be deemed and taken to
be finally put an end to, determined, and superseded by virtue of this
Ordinance.

12. In case of any civil or criminal proceeding hereafter to be com-
meuced or prosecuted for or an account or in .respect, of the publication
.of any copy of such report, paper; votes, or proceedings, it shall be
law-
fuI far the defendant at any stage of the proceedings to lay before the
-Court or Jude such report, paper, votes, or proceedings, and such copy,
with an affidavit veiifyina such report, paper; votes, or proceedings,
and,

209T 11 _.t ~

nn hrasecu-
tion for
private libel
defendant
entitled to
cost-, on
acquittal.
yc, and 7 v.

stay of civil
or criminal
proceedings
agR.inst person
f,>r Ptztnica-
~cion of papers
pri 't ed by
order of tile
C'o1QUsa1
Council upon
certificate and
affidavit of
authority to
ublish.
~3 and 4 v.

Stay of
proceedings,
when
commenced ,.
in respect of;
a copy of any:.

authentacatec~=
report,-;B~C.: : `. _
a and. 4v.
ORDINANCE NTa. 5oF 1887.

Defamation and Libel.

the correctness of such copy, and the Court or Judge shall immediately
stay such civil or criminal laroceedin,,r; and the same, and every writ of
process issued therein, shall be and shall be deemed and taken to be
finally put an end to, determined and superseded by virtue of this
Ordinance.

W proceed- 13, It shall be lawful in any civ=il or criminal pz°oceedina to
be com-
ings for
printing any 111ellCed or prosecuted for printiry any extract from or
abstract of such
extract or
abstract °f a re sport, paper, votes, or proceedings, to dive in evidence
under the general

Pr it may
apE,

be shownsuch issue 111 criminal cases, and in civil cases in support of
any allegation in

extract was
bvnafuze defence, such report, paper, rotes, or proceeclinqs, and to show
that such
mane.
and 4 v. extract or abstract was published bona de and without malice;,,
and if

[3

°.r , s. s.]
such shall be the opinion of the jury, a verdict of not nuilty shall be
entered for the defendant.

Neuspa,ver Lihel~.

I~''.ecvspaper
reports of
certain
meetings ..

rivilege~: = -'
~44 suet 45

~r. C. Go, S. r.,

14. Any report published in any newspaper of the procecdilibs of a
public meeting shall be privileged, if such lneeting was lawfully convened
for a lawful purpose and open to the public, and if such report was fair
and accurate and published without malice, and: if the publication of the
matter complained of was for the public benefit; provided always, that
the protection intended to be afforded by this section shall not be avail-
able as a defence in any proceeding, if tine plaintiff or prosecutor can
show that the defendant has refused to insert in the newspaper in which
the report containing the matter complained of appeared, a reasonable
letter or statem(~pt or explanation or contradiction by or on behalf of,
such plaintiff or prosecutor.

No pr°seou- 1~ \'o criminal prosecution shall be commenced before a Court
of
Lion fax ,.
:newspaper 'Summary Jurisdiction against guy proprietor, publisher,
editor, or any
libel without -saG of : ~ person responsible for tie publication of a
newspaper for any libel
Attorney
general. published therein, without the written fiat or allow. ce of the
Attorney

~~ ~~a, ~:5
;3.~ General being first had and obtained.

Ex-officio 16. Nothin(r in this Ordinance shall apply to ex-officio
inforn-lations
ri t°~o bel°lis filed by the Attorney General nor to informations by the
Registrar of'
;affected. the Supreme Court by the direction ofthe Court at the instance
of some

dr'ivate individual. T
Ordinance No. 5 of 1887.

Defamation and Libel.

17. i'1 Court of Summary Jari.saiction upon the hearing of -a charge
against a proprietor, publisher, or elitor, or any person responsible for
the publication of a newspaper, for a libel published therein, may receive
evidence as to the publication being for the public benefit, and as to the
matters charged in the libel being true, acid as to the report being fair
and accurate, gad published without malic3, and as to any matter which
under this car any- other Ordinance, or otherwise, might be given in
evidence by way of defence by the person charged on his trial on inform
ation, and the Court if of opinion after hearing such evidence that there
is a strong or probable pr,sucnption that the jury on the trial would
acquit the person charged, may dismiss the case.

18. Notwithstanding anything to the contrary contained in Ordi-
nance No. IG of 1875* if the Court of Sarnnary Jurisdiction upon the
hearing of a charge against a proprietor, publisher, editor, or any person
responsible for the publication of a newspaper for a libel published
therein,
is of opinion that though the person charged is shown to have been
guilty, the libel vas of a trivial character, and that tile offence may be
adequately published by virtue of talc powers of this section, such Court
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 such Court may sutzirnarily coizvict him an&adjudge
him to pay a fine not exceeding two hundred and fifty dollars.
2094

Title.
Short title.
Repeal of No. 3 of 1854
[in pt.]
2095
Offer of apology admissible in evidence in mitigation of damages in action or suit for defamation.
[6 and 7 V. c. 96 s. 1.]
Plea fo absence of malice, &c., and of apology.
[6 and 7 V. c. 96 s. 2.]
Publishing or threatening to publish a libel or proposing to abstain from publishing any thing with intent to extort money, punishable by imprisonment and hard labour.
[6 and 7 V. c. 96, s. 3.]
2096
False defamatory libel punishable by imprisonment and fine.
[6 and 7 V. c. 96, s. 4.]
Malicious defamatory libel, by imprisonment or fine.
[6 and 7 V. c. 96, s. 5.]
Proceedings upon the trial of an information for a defamatory libel.
[6 and 7 V. c. 96, s. 6.]
Proviso as to plea of not guilty in civil and criminal proceedings.
Evidence to rebut prima facie case of publication by an agent.
[6 and 7 V. c. 96, s. 7.]
2097
On prosecution for private libel defendant entitled to costs on acquittal.
[6 and 7 V. c. 96, s. 8.]
Stay of civil or criminal proceedings against person for publication of papers printed by order of the Colonial Council upon certificate and affidavit of authority to publish.
[3 and 4 V. c. 9, s. 1.]
Stay of proceedings when commenced in respect of a copy of an authenticated report, &c.
[3 and 4 V. c. 9, s, 2.]
2098
In proceedings for printing any extract or abstract of a paper it may be shown such extract was bona fide made.
[3 and 4 V. c. 9, s. 3.]
Newspaper reports of certain meetings privileged.
[44 and 45 V. c. 60 , s. 2.]
No prosecution for newspaper libel without flat of Attorney General.
[44 and 45 V. c. 60, s. 3.]
Ex-officio informations not to be affected.
2099
Inquiry by Magistrate as to libel being for public benefit or being true.
[44 and 45 V. c. 60, s. 4.]
Provision as to summary conviction for libel.
[44 and 45 V. c. 60, s. 5.]
[*Repealed by Ordinance No. 10 of 1890.]

2094

Title.
Short title.
Repeal of No. 3 of 1854
[in pt.]
2095
Offer of apology admissible in evidence in mitigation of damages in action or suit for defamation.
[6 and 7 V. c. 96 s. 1.]
Plea fo absence of malice, &c., and of apology.
[6 and 7 V. c. 96 s. 2.]
Publishing or threatening to publish a libel or proposing to abstain from publishing any thing with intent to extort money, punishable by imprisonment and hard labour.
[6 and 7 V. c. 96, s. 3.]
2096
False defamatory libel punishable by imprisonment and fine.
[6 and 7 V. c. 96, s. 4.]
Malicious defamatory libel, by imprisonment or fine.
[6 and 7 V. c. 96, s. 5.]
Proceedings upon the trial of an information for a defamatory libel.
[6 and 7 V. c. 96, s. 6.]
Proviso as to plea of not guilty in civil and criminal proceedings.
Evidence to rebut prima facie case of publication by an agent.
[6 and 7 V. c. 96, s. 7.]
2097
On prosecution for private libel defendant entitled to costs on acquittal.
[6 and 7 V. c. 96, s. 8.]
Stay of civil or criminal proceedings against person for publication of papers printed by order of the Colonial Council upon certificate and affidavit of authority to publish.
[3 and 4 V. c. 9, s. 1.]
Stay of proceedings when commenced in respect of a copy of an authenticated report, &c.
[3 and 4 V. c. 9, s, 2.]
2098
In proceedings for printing any extract or abstract of a paper it may be shown such extract was bona fide made.
[3 and 4 V. c. 9, s. 3.]
Newspaper reports of certain meetings privileged.
[44 and 45 V. c. 60 , s. 2.]
No prosecution for newspaper libel without flat of Attorney General.
[44 and 45 V. c. 60, s. 3.]
Ex-officio informations not to be affected.
2099
Inquiry by Magistrate as to libel being for public benefit or being true.
[44 and 45 V. c. 60, s. 4.]
Provision as to summary conviction for libel.
[44 and 45 V. c. 60, s. 5.]
[*Repealed by Ordinance No. 10 of 1890.]

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1890

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No. 5 of 1887

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