REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE

REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE (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 (Repealed) 7.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 (Repealed) 11.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 (Repealed) 15.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) 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)