Hong Kong Ordinances

DEFAMATION ORDINANCE - SECT 7

Trial of information for defamatory libel

(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 truth of the 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 for 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-

   (a)  the truth of the matters charged in the alleged libel complained of by
        the information shall in no case be inquired into without such plea of
        justification;

   (b)  in addition to such plea it shall be competent to the defendant to
        plead a plea of not guilty;

   (c)  further, nothing in this 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
        words or libel. [cf. 1843 c. 96 s. 6 U.K.]