Cap. 21activeordinance

Defamation Ordinance

誹謗條例

Full legislation

s.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.