||Title:||COMPLEX COMMERCIAL CRIMES ORDINANCE||Gazette Number:||L.N. 362 of 1997|
|Section:||19||Heading:||Restrictions on reports of preparatory hearing||Version Date:||01/07/1997|
(1) Except as provided in subsections (2) and (5A), no person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of a preparatory hearing containing any matters other than matters permitted by subsection (5). (Amended 68 of 1995 s. 7)
(2) On the application at a preparatory hearing of the accused (or, if more than one, any one of the accused) the judge shall order that subsection (1) shall not apply to reports of that preparatory hearing.
(3) If the accused is not represented at a preparatory hearing by counsel, the judge shall explain to him the restrictions imposed by subsection (1) and inform him of his right to apply to the court for an order that subsection (1) shall not apply to reports of that preparatory hearing.
(4) Where a judge has made an order under subsection (2) in respect of reports of a preparatory hearing and has adjourned that preparatory hearing, he shall, at the beginning of the resumed preparatory hearing, announce that such order has been made.
(5) The matters referred to in subsection (1) as matters permitted by this subsection are-
(5A) It shall not be unlawful under this section to publish in Hong Kong a written report, or broadcast in Hong Kong a report of a preparatory hearing at or after the conclusion of the trial of the accused or, if there is more than one accused, of the last of the accused to be tried. (Added 68 of 1995 s. 7)
(a) the name of the judge;
(b) the names, occupations and ages of the accused and witnesses;
(c) the offence, or a summary thereof, with which the accused is charged;
(d) the names of counsel and solicitors engaged in the proceedings;
(e) where the hearing is adjourned, the date to which it is adjourned;
(f) any arrangements as to bail on adjournment;
(g) whether legal aid was granted to the accused.
(6) If a report is published or broadcast in contravention of this section, the following persons-
shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months.
(a) in the case of publication of a written report as part of a newspaper, any proprietor, editor, printer, publisher or distributor thereof;
(b) in the case of publication of a written report otherwise than as part of a newspaper, 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,
(7) 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)
(8) 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;
"editor" (編輯) 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;
"newspaper" (報章) means any paper or other publication and any supplement thereto available to the general public which-
"proprietor" (東主) includes lessee;
(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;
"publish" (發布), in relation to a report, means publish the report, either by itself or as part of a newspaper, for distribution to the public.