Cap. 21activeordinance

Defamation Ordinance

誹謗條例

Full legislation

s.(5)

(5)

(5)
For the purposes of this section words shall be treated as published by one
                person (in this subsection referred to as the
publisher
)
                innocently in relation to another person if and only if the following conditions are
                satisfied, that is to
say—
(a)
that the publisher did not intend to publish them of and concerning that
                    other person, and did not know of circumstances by virtue of which they might be
                    understood to refer to him; or
(b)
that the words were not defamatory on the face of them, and the publisher
                    did not know of circumstances by virtue of which they might be understood to be
                    defamatory of that other person,
and in either case that the publisher exercised all reasonable care in
                relation to the publication; and any reference in this subsection to the publisher
                shall be construed as including a reference to any servant or agent of his who was
                concerned with the contents of the publication.