Cap. 21activeordinance

Defamation Ordinance

誹謗條例

Full legislation

s.(4)

(4)

(4)
Where an offer of amends under this section is accepted by the party
aggrieved—
(a)
any question as to the steps to be taken in fulfilment of the offer as so
                    accepted shall in default of agreement between the parties be referred to and
                    determined by the Court of First Instance, whose decision thereon shall be
                    final;
(b)
the power of the court to make orders as to costs in proceedings by the
                    party aggrieved against the person making the offer in respect of the
                    publication in question, or in proceedings in respect of the offer under
                    paragraph (a), shall include power to order the payment by the person making the
                    offer to the party aggrieved of costs on an indemnity basis and any expenses
                    reasonably incurred or to be incurred by that party in consequence of the
                    publication in question,
and if no such proceedings as aforesaid are taken, the Court of First
                Instance may, upon application made by the party aggrieved, make any such order for
                the payment of such costs and expenses as aforesaid as could be made in such
                    proceedings.
(Amended
25 of 1998 s. 2
)