Hong Kong Ordinances

DEFAMATION ORDINANCE - SECT 7A

Functions of judge and jury on the trial of an indictment for libel

(1) On the trial of an indictment for publishing any libel, the jury sworn to
try the matter may give a general verdict of guilty or not guilty on the
matter.

(2) The judge before whom an indictment referred to in subsection

(1) is tried shall not direct the jury to find a defendant guilty merely on
the proof of the publication by the defendant of the matter charged to be a
libel, and of the meaning ascribed to the libel in the indictment, but subject
to this, the judge shall, according to his discretion, give his opinion and
directions to the jury on the matter in issue in the same manner as in the
trial of other criminal matters.

(3) Nothing in this section prevents the jury from finding a special verdict
as in other criminal cases.

(4) If the jury referred to in subsection (1) finds the defendant guilty, the
defendant may move in arrest of judgment on such ground and in such manner as
by law he could have done before the commencement of this section. (Added 14
of 1997 s. 7) [cf. 1792 c. 60 U.K.]