(CHAPTER 268)CONTENTS
(CHAPTER 268)CONTENTS
Section
1. Short title
2. Interpretation
3-6. (Repealed)
7. Registration of local newspapers
8-10. (Repealed)
11. Unlawful to furnish incorrect particulars
12. Certified extract from local newspaper register to be admissible in
evidence
13. Presumption as to printer
14. (Repealed)
15. Vicarious responsibility of proprietor, printer, publisher and editor
16. Service of process
17. Copies of local newspapers to be delivered to Registrar
17A. Evidence for civil or criminal proceedings
18. Regulations
19. Cessation of publication, etc.
20. Penalties
21. Amendment of Schedule
Schedule Publications excluded from definition of newspaper
To provide for the registration of local newspapers and news agencies and
the licensing of newspaper distributors and for matters connected
therewith.
(Replaced 15 of 1987 s. 2)
[1 July 1951] G. N. A. 114 of 1951
WHOLE DOCUMENT
1. Short title
This Ordinance may be cited as the Registration of Local Newspapers
Ordinance. (Amended 15 of 1987 s. 3)
2. Interpretation
In this Ordinance, unless the context otherwise requires-
"address" in the case of an individual means his residence or usual place
of business, and in the case of a corporation means the head office of
such corporation within Hong Kong; (Amended 15 of 1987 s. 4)
"contravene" includes a failure to comply;
"editor" means the chief editor if there are more editors than one, and
includes any person acting as chief editor or performing any of the usual
functions of a chief editor;
"local newspaper" means a newspaper printed or produced in Hong Kong;
(Replaced 15 of 1987 s. 4)
"newspaper" means any paper or other publication and any supplement
thereto available to the general public which-
(a) contains news, intelligence, occurrences or any remarks, observations
or comments in relation to such news, intelligence, or occurrences or to
any other matter of public interest; and
(b) is printed or produced for sale or free distribution and published
either periodically (whether half-yearly, quarterly, monthly, fortnightly,
weekly, daily or otherwise) or in parts or numbers at intervals not
exceeding 6 months; and
(c) does not comprise exclusively any item or items specified in the
Schedule; (Replaced 15 of 1987 s. 4)
"printed document" includes every piece of paper, cloth or other similar
material, bearing any words, pictures or signs which were or appear to
have been wholly or partly produced by any mechanical, electrical or other
copying process in Hong Kong and the collection of such pieces of paper,
cloth or other material in any bound or other permanent form but does not
include-
(a) any document solely intended and solely used for a bona fide and
ordinary commercial, professional, social or administrative purpose; or
(b) any other document issued or used by any public body; (Replaced 15 of
1987 s. 4. Amended 51 of 1988 s. 2)
"proprietor" includes lessee;
"public body" has the same meaning as it has in the Prevention of Bribery
Ordinance (Cap. 201); (Added 51 of 1988 s. 2)
"Registrar" means such officer as may be appointed by the Governor to act
as registrar of newspapers, and includes any person appointed by the
Governor to act as deputy registrar of newspapers.
3-6. (Repealed 15 of 1987 s. 5)
7. Registration of local newspapers
(1) Every local newspaper shall be registered in accordance with
regulations made under section 18.
(1A) No local newspaper shall be registered under subsection (1) by a name
which is identical with the name by which another local newspaper is
already registered. (Added 51 of 1988 s. 3)
(2) The proprietor of any local newspaper may at any time give notice to
the Registrar that he desires the registration of that local newspaper to
cease and the Registrar shall, on the receipt of such notice, cancel the
registration of that local newspaper which shall cease to be registered
from the date of such cancellation. (Replaced 15 of 1987 s. 6)
8-10. (Repealed 15 of 1987 s. 7)
11. Unlawful to furnish incorrect particulars
Where any particular is by this Ordinance or by any regulation made
thereunder required to be furnished and any particular furnished by way of
compliance with such requirement is incorrect, the person who certified
the correctness of such particular shall be deemed to have committed an
offence against this Ordinance unless he proves-
(a) that he believed that the particular furnished was correct; and
(b) that he could not with the exercise of reasonable diligence have
discovered its incorrectness.
12. Certified extract from local newspaper register to be admissible in
evidence In any proceedings whatsoever against the proprietor, printer,
publisher or editor of any local newspaper, it shall be lawful for the
complainant or plaintiff to put in any entry in or certified extract from
any register of local newspapers kept by the Registrar in accordance with
regulations made under section 18, either- (Amended 15 of 1987 s. 8)
(a) as evidence of the truth of the matters stated in such entry or
extract; or
(b) as evidence that the particulars appearing in such entry or extract
were furnished and certified by the informant by whom they purport to have
been furnished and certified.
13. Presumption as to printer
In any proceedings whatsoever it shall, unless the contrary is proved, be
presumed that the person whose name appears in any local newspaper or
other document as the printer of that local newspaper or other document is
in fact the printer.
(Replaced 15 of 1987 s. 9)
14. (Repealed 15 of 1987 s. 10)
15. Vicarious responsibility of proprietor, printer, publisher and editor
On the trial of the proprietor, printer, publisher or editor of any local
newspaper, or the printer of any other document, for any offence in which
an ingredient is the publication of matter contained in any issue of such
local newspaper or in such document, the accused person shall be presumed
to have published all matter contained in such issue or in such document,
as the case may be, unless he proves that the publication was made without
his authority, consent or knowledge, and that the publication did not
arise from want of the due care or caution on his part. (Replaced 57 of
1955 s. 3. Amended 15 of 1987 s. 11)
16. Service of process
Without prejudice to any other method of service, any process whatsoever,
civil or criminal, addressed to the proprietor, printer, publisher or
editor of any local newspaper shall for all purposes be deemed to be duly
served if left with some adult at or sent by registered post to the
registered address of the office of the local newspaper.
(Amended 15 of 1987 s. 12)
17. Copies of local newspapers to be delivered to Registrar
(1) The publisher or, failing him, the printer of every local newspaper
shall, on every day on which that local newspaper is published or on the
day next following (other than a holiday), deliver or cause to be
delivered to the Registrar a copy of that local newspaper and of every
published second or other varied edition or impression thereof.
(2) The copy of every local newspaper delivered to the Registrar under
subsection (1) shall bear the signature, full name and address of the
printer or publisher thereof or the signature, full name and address of
some other person appointed and authorized by that printer or publisher
for that purpose and whose appointment and authority have been lodged with
the Registrar.
(3) The Registrar shall keep in his possession the copy of every local
newspaper delivered to him under subsection (1) for a period of not less
than 6 months after which time he may destroy or otherwise dispose of that
copy.
(Replaced 15 of 1987 s. 13)
17A. Evidence for civil or criminal proceedings
(1) Where any person requires a copy of a local newspaper delivered to the
Registrar under section 17 (1) to be produced in evidence in any civil or
criminal proceedings, the Registrar shall cause the copy of that local
newspaper to be produced in court at the expense of the person applying
for it, or shall deliver the copy to that person taking reasonable
security for its return.
(2) A copy of a local newspaper produced or delivered under subsection (1)
shall be sufficient evidence of any matter or thing contained therein.
(3) Every proprietor, printer, publisher or editor of a copy of a local
newspaper produced or delivered under subsection (1) shall be deemed to be
the proprietor, printer, publisher or editor respectively of all local
newspapers which are of the same title, purport or effect as the copy of
the local newspaper so produced or delivered (any minor variations being
disregarded) unless the proprietor, printer, publisher or editor proves
that those local newspapers were not printed, published or edited by him
or with his knowledge or consent.
(Added 15 of 1987 s. 13)
18. Regulations
The Governor in Council may by regulation provide for-
(a) the registration of local newspapers and news agencies and their
proprietors, printers, publishers and editors and the keeping of registers
for that purpose; (Replaced 15 of 1987 s. 14)
(b) the licensing of newspaper distributors upon such conditions as may be
prescribed by regulation;
(c) the prohibition of the distribution of newspapers except by newspaper
distributors licensed for that purpose;
(d) the regulation of the distribution with or in newspapers of documents
not forming an integral part thereof;
(e) the supply by newspaper distributors to the Registrar of a copy of
newspapers printed or produced outside Hong Kong;
(f) (Repealed 15 of 1987 s. 14)
(g) the particulars to be furnished in connexion with registration or
licensing, notification of any change in the required particulars and the
manner in which and the conditions upon which effect may be given or
refused to be given, to any such change;
(h) the manner in which the identity of the printer of any local newspaper
or other printed document and the time of printing or publication shall be
established, and in particular for the printing of the printer's name and
address on local newspapers and other printed documents;
(i) the prohibition of the editing, printing, publication, possession and
distribution of local newspapers and other printed documents which do not
comply with the requirements of any regulations made pursuant to this
section;
(j) the retention by the printer of copies of local newspapers and other
printed documents, the particulars to be inscribed on such retained copies
and the production of retained copies to such persons as may be
prescribed;
(k) (Repealed 15 of 1987 s. 14)
(l) granting exemption from all or any of the provisions of this Ordinance
or of any of the regulations made thereunder;
(m) fees;
(n) forms;
(o) anything which is by this Ordinance to be provided by regulation.
(Replaced 57 of 1955 s. 4. Amended 15 of 1987 s. 14)
19. Cessation of publication, etc.
If any local newspaper ceases publication, or any news agency ceases to
issue bulletins, for a consecutive period of not less than 6 months, the
registration thereof under any regulations for the time being in force
shall be deemed to have lapsed. (Added 57 of 1955 s. 5. Amended 15 of
1987 s. 15)
20. Penalties
(1) Any person who commits an offence against this Ordinance shall be
liable-
(a) on summary conviction to a fine of $5,000 and to imprisonment for 1
year; and
(b) upon conviction on indictment to a fine of $15,000 and to imprisonment
for 3 years.
(2) Every printer or publisher of a local newspaper who contravenes the
provisions of section 17 as to the delivery of copies of such local
newspaper at the office of the Registrar shall be liable on summary
conviction to a fine of $1,000. (Amended 15 of 1987 s. 16)
21. Amendment of Schedule
The Governor in Council may, by notice published in the Gazette, amend the
Schedule. (Added 15 of 1987 s. 17)
SCHEDULE PUBLICATIONS EXCLUDED FROM DEFINITION OF NEWSPAPER
[SS. 2 & 21]
Item Description
1. Academic journals.
2. Almanacs.
3. Cartoons and comic strips.
4. Collections of photographic images (with or without captions).
5. Commercial advertisements and commercial advertising circulars and
brochures.
6. Commercial circulars.
7. Company and partnership reports and company prospectuses.
8. Consumer information and reports.
9. Election pamphlets and posters.
10. Financial, economic and statistical reports.
11. Information sheets and newsletters relating to clubs, educational
institutions, professional associations, societies, trade unions and other
organizations.
12. Maps, charts and tables.
13. Price lists.
14. Public speeches and statements.
15. Racing tips, racing form reports and other related materials.
16. Religious materials.
17. Sales catalogues.
18. Sheet music.
19. Trade catalogues and journals.
20. Travel brochures.
(Replaced 15 of 1987 s. 18)
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