Hong Kong Ordinances
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DEFAMATION ORDINANCE - SECT 10
Stay of proceeding against person for publication of papers printed by order of Legislative Council upon certificate and affidavit of authority to publish
It shall be lawful for any person who is a defendant in any civil or criminal
proceeding, in whatever manner commenced for or on account or in respect of
the publication by such person or by his servant of any report
of the Legislative Council by or under the authority of such Council, to bring
before the court in which such proceeding has been commenced, or before a
judge, first giving 24 hours' notice of his intention to do so to the
plaintiff or prosecutor in such proceeding, a certificate under the hand of
the President of such Council, or of the presiding member of such Council for
the time being, or of the Clerk to the Legislative Council, stating that the
report in respect whereof the proceeding has been commenced 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 the court or judge
shall thereupon immediately stay such 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end to, determined, and superseded. (Amended 14 of 1994 s. 24; 13 of 1995 s.
2) [cf. 1840 c. 9 s. 1 U.K.]
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