### Defamation Ordinance 《誹謗條例》

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.]

### Defamation Ordinance 《誹謗條例》

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.]

8. Evidence to rebut prima facie case of publication by agent
Whenever, on the trial of any information for the publication of a libel, under the plea of not guilty, evidence has been given which establishes a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to the defendant to prove that the publication was made without his authority, consent, or knowledge, and that the publication did not arise from want of due care or caution on his part.
[cf. 1843 c. 96 s. 7 U.K.]

9. Right of prosecutor and of defendant to costs on prosecution for private libel
(1) In the case of any information at the instance of a private prosecutor for the publication of any defamatory libel, if judgment is given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of the information, and upon a special plea of justification to the information, if the issue is found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea.
(2) Costs so to be recovered by the defendant or prosecutor respectively shall be taxed by the proper officer of the court before which the information is tried.
[cf. 1843 c. 96 s. 8 U.K.]

### Defamation Ordinance 《誹謗條例》

10. Stay of proceeding against person for publication of papers printed by order of Legislative Council upon certificate and affidavit of authority to publish
It shall be lawful for any person who is a defendant in any civil or criminal proceeding, in whatever manner commenced for or on account or in respect of the publication by such person or by his servant of any report of the Legislative Council by or under the authority of such Council, to bring before the court in which such proceeding has been commenced, or before a judge, first giving 24 hours’ notice of his intention to do so to the plaintiff or prosecutor in such proceeding, a certificate under the hand of the President of such Council, or of the presiding member of such Council for the time being, or of the Clerk to the Legislative Council, stating that the report in respect whereof the proceeding has been commenced was published by such person or by his servant by order or under the authority of such Council, together with an affidavit verifying such certificate; and the court or judge shall thereupon immediately stay such proceeding, and the same, and every writ or process issued, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.
(Amended 14 of 1994 s. 24; 13 of 1995 s. 2)[cf. 1840 c. 9 s. 1 U.K.]

11. Stay of proceeding when commenced in respect of copy of authenticated report, etc.
In case of any civil or criminal proceeding to be commenced for or on account or in respect of the publication of any copy of any such report it shall be lawful for the defendant, at any stage of the proceeding, to lay before the court or judge the report, and the copy, together with an affidavit verifying the report, and the correctness of the copy; and the court or judge shall thereupon immediately stay such proceeding, and the same, and every writ or process issued therein, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.
(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 21 of 1912 s. 2; 5 of 1924 s. 11)[cf. 1840 c. 9 s. 2 U.K.]