DEFAMATION ORDINANCE
8
Section 7
7.
Cap. 21
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
Last updated date
1.4.2012