Hong Kong Ordinances

DEFAMATION ORDINANCE - SECT 4

Right of defendant in action for libel to plead absence of malice, etc. and apology

Caution: This is a past version. See the current version here.

In an action for a libel contained in any newspaper it shall be competent to
the defendant to set up as a defence that the libel was inserted in the
newspaper 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 a full apology for the libel, or if the newspaper in
which the libel appeared is ordinarily published at intervals exceeding 1
week, had offered to publish the said apology in any newspaper 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 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 nullity and may be treated
as such by the plaintiff in the action. (Amended 50 of 1911; 62 of 1911
Schedule; 33 of 1961 s. 3) [cf. 1843 c. 96 s. 2 U.K.; 1845 c. 75 s. 2 U.K.]