Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 9P

Restriction on reports of bail proceedings

(Past version on 30/06/1997).

(1) Unless it appears to the court that the interests of public justice
otherwise require, no person shall publish in Hong Kong a written report, or
broadcast in Hong Kong a report, of any bail proceedings containing any matter
other than that permitted under subsection (2).

(2) A report of bail proceedings may contain-

   (a)  the name of the person being the subject of those proceedings;

   (b)  the offence with which the person being the subject of those
        proceedings is charged;

   (c)  the identity of the court and the name of the magistrate, District
        Judge or judge, as the case may be;

   (d)  the names of counsel and solicitors, if any, engaged in the bail
        proceedings;

   (e)  the result of the bail proceedings and where the person being the
        subject of those proceedings is admitted to bail subject to any
        condition under section 9D(2), the details of any such condition;

   (f)  where the bail proceedings are adjourned, the date and place to which
        they are adjourned.

(3) If a report is published or broadcast in contravention of this section,
the following persons-

   (a)  in the case of publication of a written report as part of a newspaper
        or periodical publication, any proprietor, editor, publisher or
        distributor thereof;

   (b)  in the case of a publication of a written report otherwise than as
        part of a newspaper or periodical publication, the person who
        publishes or distributes it;

   (c)  in the case of a broadcast of a report, any person who transmits or
        provides the programme in which the report is broadcast and any person
        having functions in relation to the programme corresponding to those
        of the editor of a newspaper or periodical publication, shall be
        guilty of an offence and shall be liable on conviction to a fine of
        $50000 and to imprisonment for 6 months.

(4) Proceedings for an offence under this section shall not be instituted
otherwise than by or with the consent of the Secretary for Justice. (Amended
L.N. 362 of 1997)

(5) In this section-

"broadcast" (廣播) means sounds or visual images broadcast by wireless
telegraphy or by means of a high frequency distribution system over wires, or
other paths provided by a material substance and intended for general
reception;

"publish" (發布), in relation to a report, means publish the report, either
by itself or as part of a newspaper or periodical publication, for
distribution to the public. (Added 56 of 1994 s. 2)

"broadcast" (廣播)

"publish" (發布)