DEFAMATION AND LIBEL ORDINANCE, 1887
Title
DEFAMATION AND LIBEL ORDINANCE, 1887
Description
ORDINANCE NO. 1 OF 1887
Defamation and Libel
AN ORDINANCE to amend the law respecting defamatory words and libel.
[22nd February, 1887]
BE it enacted by the governor of hongkong, with the advice of the
legislative council thereof, as follows:-
1 this ordinance may be cited as the defamation and libel ordinance, 1887.
2 in this ordinace, unless the context otherwise requires,
'newspaper' means any paper containing public news, intelligence,
or occurences, or any remarks or observations therein, 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 two such papers, parts or number; also any paper printed
in order to be dispersed and made public weekly or oftener, or at
intervals not exceeding twenty-six days, containing only or principally advertisements;
'proprietor' means and includes as well the sole proprietor 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 share or interest in the newspaper as between themselves
and the persons in like manner representing or responsible for the
other shares or interests therein, and no other person;
'information' includes indictment.
Defamation and Libel.
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 ahd 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 public newspaper or other
periodical publication, it shall be competent to the defenant to set up
as a defence that the libel was inserted in the newspaper or other
periodical publication 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 or other periodical
publication a fully apology for the libel, or, if the newspaper or other
periodical publication in which the libel appeared is 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 the action; and to such defence to the action it shall be competent to
the plaintiff to reply generally denying the whole of such defence:
provided that it shall not be competent to any defendant in such action
to set up any such 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
mullity and may be treated as such by the plaintiff in the action.
5 every person who publishes or threatens to publish any libel upon
any other person, or directly or indirectly threatens to print or publish,
directly or indirectly proposes to abstain from printing or publishing,
any matter or thing touching any other person, wiht intent to extort
any money, or security for money, or 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 ofice of profit or trust, shall, on
being convicted thereof, be liable to imprisonment, with or without
harb labour, for any term not exceeding three years: provided that
nothing herein contained shall in any manner alter or affect any law or
ordinance now in force in respect of the sending or delivery of threatening
letters or writings.
Defamatory Libel.
6 every person who maliciusly publishes any defamatory libel, knowing
the same to be false, shall, on being convicted thereof, be liable to
imprisonment for any term not exceeding two years, and to pay such
fine as the court may awr.
7 every person who maliciously publishes any defamatiory libel shall,
on being convicted thereof, be liable to imprisonment, or fine, or both,
as the court may award: provided that such imprisonment shall not exceed
the term of one year.
8-(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 ruth of th 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 ofr 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 the truth of the maters charged in the alleged libel complained
of by the information shall 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, further, that nothing in tihs 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 waords or libel.
9.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.
10.-(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.
Libel in Reports.etc., of Legislative Council.
11.It shall be lawful for any person who is a defendant in any civil
or criminal proceeding, in whatever manner commenced or prosecuted,
for or on account or in respect of the publication by such person or by
his servant of any report, paper, vote, or proceeding of the Legislative
Council of the Colony by or under the authority of such Council, to
bring before the Court in which such proceeding has been commenced
or prosecuted or before any Judge of the same, first yiving twenty-four
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 such
Council stating that the report, paper, vote, or proceeding, as the case
may be, in respect whereof the civil or criminal proceeding has been
commenced or prosecuted, was punlished bby 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 there-
upon immediately stay such civil or criminal 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 by virtue of this
Ordinance.
12.In case of any civil or criminal proceeding to be commenced or
prosecuted for or on account or in respect of the publication of any copy
of any such report, paper, voter, or proceeding, to lay before the Court or
Judge the report, paper, vote,or proceeding, and the copy,together
with an affidavit verifying the report, paper, vote, or proceeding, and
the correctness of the copy; and the Court or Judge shall thereupon
immediately stay such civil or criminal 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 by virtue
of this Ordinance.
13.It shall be lawful in any civil or criminal proceeding to be com-
menced or prosecuted for printing any extract from or abstract of any
such report, paper, vote, or proceeding, to give in evidence, in a civil
case in support of any allegation in defence and in a criminal case un-
der the general issue, the report, paper, vote, or proceeding, 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.
Libel in Newspapers.
14.A fair and accurate report in any newsppaer of proceedings pub-
licly heard before any court exercising judicial authority shall,if published contemporaneously with such proceedings, be privileged: Provided
that nothing in this section shall authorize the publication of any
blasphemous or indecent matter.
15.-(1.)A fair and accurate report published in any newspaper of
the proceedings of a public meeting, or (except where neither the public
nor any newspaper reporter is admitted) of any meeting oF a body, board,
or authority formed or constituted under the provisions of any Ordi-
nance or of any committee appointed by any such body, board, or authority,
or of any meeting of any commissioners authorized to act by letters
patent, Act of Parliament, Ordinance, warrant under the Royal Sign
Manual, or other lawful warrant or authority,select committees of the
Legislative Council, and justices of the peace in licensing sessions assembled,
and the publication, at the request of any Government office
or department or of the Captain Superintendent of police, of any notice or report issued by them or him for the information of the public,shall
be privileged,unless it is proved that such report or publication was
published or made maliciously:Provided that nothing in this section
shall authorize the publication of any blasphemous or indecent matter:
Provided,also,that the protection intended to be afforded by this section
shall not available as a defence inany proceedings if it is proved that
the defendant has been requested to insert in the newspaper in which
the report or other publication complained of a appeared a reasonable let-
ter or statement by way of contradiction or explanation of such report
or other publication,and has refused or neglected to insert the same:
Provided,further,that nothing in this section shall be deemed or con-
strued to limit or abridge any privilege now by law existing or to pro-
tect the publication of any matter not of public concern and the publi-
cation of which is not for the public benefit.
(2.)For the purposes of this section,'public meeting,' means any
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 thereto is general or restricted.
16.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 matters charged in the libel being true,and as to the report being
fair and accurate and published without malice,and as to the publica-
tion 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 in his trial on information,and
the Magistrate,if he is of opinion,after hearing such evidence,that there
is a strong or probable presumption that the jury on the trial would
acquit the person charged,may dismiss the case.
17.If a Magistrate,on 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 was of a trivial
character,and that the offence may be adequately punished by virtue
of the powers of this section,the Magistrate 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 xase being dealt with summarily,the
Magistrate may summarily convict him and adjudge him to pay a fine
not exceeding two hundred and fifty dollars.
18.At the trial of an action for a libel contained in any newspaper,
the defendant shall be at liberty to give in evidence in mitigation of
damages that the plaintiff has already recovered (or has brought actions
for) damages or has received or agreed compensation in respect
of a libel or libels to the same purport or effect as the libel for which such
action has been brought.
19.-(1.)No criminal prosecution shall be commenced against any
proprietor,publisher,editor,or any person responsible for the publica-
tion of a newspaper for any libel published therein without the order of
a Judge at Chambers being first had and obtained.
(2.)The application for such order shall be made on notice to the
accused person who shall have an oppotunity of being heard against
such application.
Miscellaneous Provisions.
20.-(1.)It shall be competent for the Supreme Court,on an applica-
tion by or on behalf of two 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,so that
they shall be tried together;and after such order has been made,and
before the trial of the said actions,the defendants in any new actions in-
stituted in respect to the same,or substantially the same,libel shall also
be entitled to be jointed in a common action on a joint application being
made by such new defendants and the defendants in the actions already
consolidated.
(2.)In a consolidated action under this section 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 consolidated had been tried separately;and if the jury
have found a verdict against the defendant or defendants in more than
and of the actions so consolidated,they shall proceed to apportion the
amount of damages which they have so found between and agianst 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.
21.It shall not be necessary to set out in any information or other
judicial proceeding institued against the publisher of any obscene libel
to obscene passages,but it shall be sufficient to deposit the book,news-
paper,or other document containing the alleged libel with the information
or other judicial proceeding,together with particulars showing precisely,
by reference to pages,columns,and lines,in what part of the book,news-
paper,or other document the alleged libel is to be found,and such par- ticulars shall be deemed to form part of the record, and all proceedings
may be taken thereon as though the passages complained of had been set
out in the information or other judicial proceeding.
22. Every 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.
23. Words spoken and published after the commencement of this
Ordinance which impute unchastity or adultery to any woman or girl
shall not require special special damages to render them actionable:Provided
that,in any action for words spoken and made actionable by this Ordi-
nance,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.
24. Nothing in this Ordinance shall apply to any ex officio information
filed by the Attorney General or to any information by the Re-
gistrar of the Supreme Court, by the direction of the Court, at the in
stance of some private individual.
A.D. 1887. Ordinance No. 5 of 1887, with Ordinance No. 9 of 1901, as amended by Ordinance No. 29 of 1901 s. 14, incorporated. Short title. Interpretation of terms. 44 & 45 Vict.c. 60 s. 1. Admissibility in evidence, in mitigation of damages in action for defamation, of offer of apology. 6 & 7 Vict.c. 96 s. 1. Right of defendant in action for libel to plead absence of malice, etc., and apology. Ib.s.2. Punishment of person publishing or threatening to publish libel, or proposing to abstain from publishing anything, with intent to extort money. 6 & 7 Vict.c. 96 s. 3. Punishment of person publishing false defamatory libel. Ib.s.4. Punishment of person publishing defematory libel. Ib.s.5. Proceedings on trial of information for defamatory libel. Ib.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. Ib.s.8.
Stay of proceedings 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 proceedings when commenced in respect of copy of authenticated report, etc. 3 & 4 Vict.c. 9 s. 2. Ground of defence in proceeding for printing extract from report, etc. Ib.s.3. {Privilege of newspaper report of proceedings in Court. 51 & 52 Vict.c. 63 s. 3. Privilege of newspaper report of proceedings of public meeting and of certain bodies and persons. Ib.s.4. Inquiry by Magistrate as to libel being true, etc. 44 & 45 Vict.c. 60 s. 4. Provision as to summary conviction for libel. Ib.s.5. Power to defendant to give certain evidence in mitigation of damages. 51 & 52 Vict.c. 64 s. 6. Order of Judge required for prosecution of newspaper proprietor, etc. Ib.s.8. Consolidation of actions. Ib.s.5. Obscene matter need not be set forth in information or other judicial proceeding. Ib.s.7. Competency as witness of person proceeded against criminally. 51 & 52 Vict.c. 64 s. 9. Words imputing unchastity to woman or girl per su actionable. 54 & 55 Vict.c. 51 s. 1.
Saving as to ex officio informations.
Defamation and Libel
AN ORDINANCE to amend the law respecting defamatory words and libel.
[22nd February, 1887]
BE it enacted by the governor of hongkong, with the advice of the
legislative council thereof, as follows:-
1 this ordinance may be cited as the defamation and libel ordinance, 1887.
2 in this ordinace, unless the context otherwise requires,
'newspaper' means any paper containing public news, intelligence,
or occurences, or any remarks or observations therein, 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 two such papers, parts or number; also any paper printed
in order to be dispersed and made public weekly or oftener, or at
intervals not exceeding twenty-six days, containing only or principally advertisements;
'proprietor' means and includes as well the sole proprietor 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 share or interest in the newspaper as between themselves
and the persons in like manner representing or responsible for the
other shares or interests therein, and no other person;
'information' includes indictment.
Defamation and Libel.
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 ahd 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 public newspaper or other
periodical publication, it shall be competent to the defenant to set up
as a defence that the libel was inserted in the newspaper or other
periodical publication 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 or other periodical
publication a fully apology for the libel, or, if the newspaper or other
periodical publication in which the libel appeared is 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 the action; and to such defence to the action it shall be competent to
the plaintiff to reply generally denying the whole of such defence:
provided that it shall not be competent to any defendant in such action
to set up any such 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
mullity and may be treated as such by the plaintiff in the action.
5 every person who publishes or threatens to publish any libel upon
any other person, or directly or indirectly threatens to print or publish,
directly or indirectly proposes to abstain from printing or publishing,
any matter or thing touching any other person, wiht intent to extort
any money, or security for money, or 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 ofice of profit or trust, shall, on
being convicted thereof, be liable to imprisonment, with or without
harb labour, for any term not exceeding three years: provided that
nothing herein contained shall in any manner alter or affect any law or
ordinance now in force in respect of the sending or delivery of threatening
letters or writings.
Defamatory Libel.
6 every person who maliciusly publishes any defamatory libel, knowing
the same to be false, shall, on being convicted thereof, be liable to
imprisonment for any term not exceeding two years, and to pay such
fine as the court may awr.
7 every person who maliciously publishes any defamatiory libel shall,
on being convicted thereof, be liable to imprisonment, or fine, or both,
as the court may award: provided that such imprisonment shall not exceed
the term of one year.
8-(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 ruth of th 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 ofr 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 the truth of the maters charged in the alleged libel complained
of by the information shall 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, further, that nothing in tihs 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 waords or libel.
9.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.
10.-(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.
Libel in Reports.etc., of Legislative Council.
11.It shall be lawful for any person who is a defendant in any civil
or criminal proceeding, in whatever manner commenced or prosecuted,
for or on account or in respect of the publication by such person or by
his servant of any report, paper, vote, or proceeding of the Legislative
Council of the Colony by or under the authority of such Council, to
bring before the Court in which such proceeding has been commenced
or prosecuted or before any Judge of the same, first yiving twenty-four
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 such
Council stating that the report, paper, vote, or proceeding, as the case
may be, in respect whereof the civil or criminal proceeding has been
commenced or prosecuted, was punlished bby 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 there-
upon immediately stay such civil or criminal 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 by virtue of this
Ordinance.
12.In case of any civil or criminal proceeding to be commenced or
prosecuted for or on account or in respect of the publication of any copy
of any such report, paper, voter, or proceeding, to lay before the Court or
Judge the report, paper, vote,or proceeding, and the copy,together
with an affidavit verifying the report, paper, vote, or proceeding, and
the correctness of the copy; and the Court or Judge shall thereupon
immediately stay such civil or criminal 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 by virtue
of this Ordinance.
13.It shall be lawful in any civil or criminal proceeding to be com-
menced or prosecuted for printing any extract from or abstract of any
such report, paper, vote, or proceeding, to give in evidence, in a civil
case in support of any allegation in defence and in a criminal case un-
der the general issue, the report, paper, vote, or proceeding, 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.
Libel in Newspapers.
14.A fair and accurate report in any newsppaer of proceedings pub-
licly heard before any court exercising judicial authority shall,if published contemporaneously with such proceedings, be privileged: Provided
that nothing in this section shall authorize the publication of any
blasphemous or indecent matter.
15.-(1.)A fair and accurate report published in any newspaper of
the proceedings of a public meeting, or (except where neither the public
nor any newspaper reporter is admitted) of any meeting oF a body, board,
or authority formed or constituted under the provisions of any Ordi-
nance or of any committee appointed by any such body, board, or authority,
or of any meeting of any commissioners authorized to act by letters
patent, Act of Parliament, Ordinance, warrant under the Royal Sign
Manual, or other lawful warrant or authority,select committees of the
Legislative Council, and justices of the peace in licensing sessions assembled,
and the publication, at the request of any Government office
or department or of the Captain Superintendent of police, of any notice or report issued by them or him for the information of the public,shall
be privileged,unless it is proved that such report or publication was
published or made maliciously:Provided that nothing in this section
shall authorize the publication of any blasphemous or indecent matter:
Provided,also,that the protection intended to be afforded by this section
shall not available as a defence inany proceedings if it is proved that
the defendant has been requested to insert in the newspaper in which
the report or other publication complained of a appeared a reasonable let-
ter or statement by way of contradiction or explanation of such report
or other publication,and has refused or neglected to insert the same:
Provided,further,that nothing in this section shall be deemed or con-
strued to limit or abridge any privilege now by law existing or to pro-
tect the publication of any matter not of public concern and the publi-
cation of which is not for the public benefit.
(2.)For the purposes of this section,'public meeting,' means any
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 thereto is general or restricted.
16.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 matters charged in the libel being true,and as to the report being
fair and accurate and published without malice,and as to the publica-
tion 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 in his trial on information,and
the Magistrate,if he is of opinion,after hearing such evidence,that there
is a strong or probable presumption that the jury on the trial would
acquit the person charged,may dismiss the case.
17.If a Magistrate,on 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 was of a trivial
character,and that the offence may be adequately punished by virtue
of the powers of this section,the Magistrate 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 xase being dealt with summarily,the
Magistrate may summarily convict him and adjudge him to pay a fine
not exceeding two hundred and fifty dollars.
18.At the trial of an action for a libel contained in any newspaper,
the defendant shall be at liberty to give in evidence in mitigation of
damages that the plaintiff has already recovered (or has brought actions
for) damages or has received or agreed compensation in respect
of a libel or libels to the same purport or effect as the libel for which such
action has been brought.
19.-(1.)No criminal prosecution shall be commenced against any
proprietor,publisher,editor,or any person responsible for the publica-
tion of a newspaper for any libel published therein without the order of
a Judge at Chambers being first had and obtained.
(2.)The application for such order shall be made on notice to the
accused person who shall have an oppotunity of being heard against
such application.
Miscellaneous Provisions.
20.-(1.)It shall be competent for the Supreme Court,on an applica-
tion by or on behalf of two 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,so that
they shall be tried together;and after such order has been made,and
before the trial of the said actions,the defendants in any new actions in-
stituted in respect to the same,or substantially the same,libel shall also
be entitled to be jointed in a common action on a joint application being
made by such new defendants and the defendants in the actions already
consolidated.
(2.)In a consolidated action under this section 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 consolidated had been tried separately;and if the jury
have found a verdict against the defendant or defendants in more than
and of the actions so consolidated,they shall proceed to apportion the
amount of damages which they have so found between and agianst 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.
21.It shall not be necessary to set out in any information or other
judicial proceeding institued against the publisher of any obscene libel
to obscene passages,but it shall be sufficient to deposit the book,news-
paper,or other document containing the alleged libel with the information
or other judicial proceeding,together with particulars showing precisely,
by reference to pages,columns,and lines,in what part of the book,news-
paper,or other document the alleged libel is to be found,and such par- ticulars shall be deemed to form part of the record, and all proceedings
may be taken thereon as though the passages complained of had been set
out in the information or other judicial proceeding.
22. Every 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.
23. Words spoken and published after the commencement of this
Ordinance which impute unchastity or adultery to any woman or girl
shall not require special special damages to render them actionable:Provided
that,in any action for words spoken and made actionable by this Ordi-
nance,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.
24. Nothing in this Ordinance shall apply to any ex officio information
filed by the Attorney General or to any information by the Re-
gistrar of the Supreme Court, by the direction of the Court, at the in
stance of some private individual.
A.D. 1887. Ordinance No. 5 of 1887, with Ordinance No. 9 of 1901, as amended by Ordinance No. 29 of 1901 s. 14, incorporated. Short title. Interpretation of terms. 44 & 45 Vict.c. 60 s. 1. Admissibility in evidence, in mitigation of damages in action for defamation, of offer of apology. 6 & 7 Vict.c. 96 s. 1. Right of defendant in action for libel to plead absence of malice, etc., and apology. Ib.s.2. Punishment of person publishing or threatening to publish libel, or proposing to abstain from publishing anything, with intent to extort money. 6 & 7 Vict.c. 96 s. 3. Punishment of person publishing false defamatory libel. Ib.s.4. Punishment of person publishing defematory libel. Ib.s.5. Proceedings on trial of information for defamatory libel. Ib.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. Ib.s.8.
Stay of proceedings 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 proceedings when commenced in respect of copy of authenticated report, etc. 3 & 4 Vict.c. 9 s. 2. Ground of defence in proceeding for printing extract from report, etc. Ib.s.3. {Privilege of newspaper report of proceedings in Court. 51 & 52 Vict.c. 63 s. 3. Privilege of newspaper report of proceedings of public meeting and of certain bodies and persons. Ib.s.4. Inquiry by Magistrate as to libel being true, etc. 44 & 45 Vict.c. 60 s. 4. Provision as to summary conviction for libel. Ib.s.5. Power to defendant to give certain evidence in mitigation of damages. 51 & 52 Vict.c. 64 s. 6. Order of Judge required for prosecution of newspaper proprietor, etc. Ib.s.8. Consolidation of actions. Ib.s.5. Obscene matter need not be set forth in information or other judicial proceeding. Ib.s.7. Competency as witness of person proceeded against criminally. 51 & 52 Vict.c. 64 s. 9. Words imputing unchastity to woman or girl per su actionable. 54 & 55 Vict.c. 51 s. 1.
Saving as to ex officio informations.
Abstract
A.D. 1887. Ordinance No. 5 of 1887, with Ordinance No. 9 of 1901, as amended by Ordinance No. 29 of 1901 s. 14, incorporated. Short title. Interpretation of terms. 44 & 45 Vict.c. 60 s. 1. Admissibility in evidence, in mitigation of damages in action for defamation, of offer of apology. 6 & 7 Vict.c. 96 s. 1. Right of defendant in action for libel to plead absence of malice, etc., and apology. Ib.s.2. Punishment of person publishing or threatening to publish libel, or proposing to abstain from publishing anything, with intent to extort money. 6 & 7 Vict.c. 96 s. 3. Punishment of person publishing false defamatory libel. Ib.s.4. Punishment of person publishing defematory libel. Ib.s.5. Proceedings on trial of information for defamatory libel. Ib.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. Ib.s.8.
Stay of proceedings 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 proceedings when commenced in respect of copy of authenticated report, etc. 3 & 4 Vict.c. 9 s. 2. Ground of defence in proceeding for printing extract from report, etc. Ib.s.3. {Privilege of newspaper report of proceedings in Court. 51 & 52 Vict.c. 63 s. 3. Privilege of newspaper report of proceedings of public meeting and of certain bodies and persons. Ib.s.4. Inquiry by Magistrate as to libel being true, etc. 44 & 45 Vict.c. 60 s. 4. Provision as to summary conviction for libel. Ib.s.5. Power to defendant to give certain evidence in mitigation of damages. 51 & 52 Vict.c. 64 s. 6. Order of Judge required for prosecution of newspaper proprietor, etc. Ib.s.8. Consolidation of actions. Ib.s.5. Obscene matter need not be set forth in information or other judicial proceeding. Ib.s.7. Competency as witness of person proceeded against criminally. 51 & 52 Vict.c. 64 s. 9. Words imputing unchastity to woman or girl per su actionable. 54 & 55 Vict.c. 51 s. 1.
Saving as to ex officio informations.
Right of prosecutor and of defendant to costs on prosecution for private libel. Ib.s.8.
Stay of proceedings 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 proceedings when commenced in respect of copy of authenticated report, etc. 3 & 4 Vict.c. 9 s. 2. Ground of defence in proceeding for printing extract from report, etc. Ib.s.3. {Privilege of newspaper report of proceedings in Court. 51 & 52 Vict.c. 63 s. 3. Privilege of newspaper report of proceedings of public meeting and of certain bodies and persons. Ib.s.4. Inquiry by Magistrate as to libel being true, etc. 44 & 45 Vict.c. 60 s. 4. Provision as to summary conviction for libel. Ib.s.5. Power to defendant to give certain evidence in mitigation of damages. 51 & 52 Vict.c. 64 s. 6. Order of Judge required for prosecution of newspaper proprietor, etc. Ib.s.8. Consolidation of actions. Ib.s.5. Obscene matter need not be set forth in information or other judicial proceeding. Ib.s.7. Competency as witness of person proceeded against criminally. 51 & 52 Vict.c. 64 s. 9. Words imputing unchastity to woman or girl per su actionable. 54 & 55 Vict.c. 51 s. 1.
Saving as to ex officio informations.
Identifier
https://oelawhk.lib.hku.hk/items/show/630
Edition
1901
Volume
v1
Subsequent Cap No.
21
Cap / Ordinance No.
No. 1 of 1887
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“DEFAMATION AND LIBEL ORDINANCE, 1887,” Historical Laws of Hong Kong Online, accessed June 8, 2025, https://oelawhk.lib.hku.hk/items/show/630.
