Cap. 268B 《報刊註冊及發行規例》Newspapers Registration and Distribution Regulations
生效中Newspapers Registration and Distribution Regulations
[1 July 1951]
(Format changes—E.R. 1 of 2018)
1. Citation
These regulations may be cited as the Newspapers Registration and Distribution Regulations.
2. Registration of newspapers
Every local newspaper shall be registered in accordance with these regulations.
3. Particulars to be furnished to Registrar
In order to effect registration one of the persons specified in regulation 4 shall furnish to the Registrar the particulars specified in Form 1 in the Schedule and shall certify the correctness of such particulars and of his own description.
4. Particulars to be certified by proprietor, etc.
The particulars specified shall be furnished and certified by the proprietor, printer, publisher or editor of the local newspaper.
5. Substituted particulars to be furnished and certified when any change occurs or any inaccuracy is discovered
If any change occurs or if any inaccuracy is discovered, in any of the specified particulars, the persons specified in regulation 4 shall, within 7 days, furnish to the Registrar substituted particulars in Form 3 in the Schedule noting any change in the particulars furnished under regulation 3 and shall certify the correctness of such substituted particulars and of their own descriptions: (L.N. 95 of 1988)
Provided that if one of such persons complies with the requirements of this regulation the obligations imposed by this regulation on any other persons shall be deemed to have been discharged as regards the substituted particulars so furnished.
6. Change of identity of editor
A change shall be deemed to have occurred in the identity of the editor if the editor is absent from Hong Kong or if he ceases substantially to exercise the functions of an editor.
7. How a certificate is to be given in the case of a company or firm
If the particulars are furnished by a company the certificate shall be given by a director, manager, secretary or other officer of the company, and if the particulars are furnished by a firm the certificate shall be given by a partner of the firm.
8. Printing and publication prohibited unless regulations are complied with
No person shall print or publish or act as editor of, or continue to print or publish or act as editor of, any local newspaper unless all the requirements of these regulations with respect to such local newspaper have been complied with:
Provided that it shall not be a breach of this regulation to fail to register as a separate local newspaper a news sheet or sheets which constitutes or constitute in the opinion of the Registrar a later edition or editions of a local newspaper registered under these regulations.
9. Newspaper register
The particulars furnished in accordance with the provisions of these regulations shall be kept by the Registrar as a register of local newspapers.
10. Fees for search inspection and extract from register of local newspaper
Any person may search and inspect any register of local newspapers on payment of $44 for every such search and inspection, and any person may require an extract from any such register to be certified by the Registrar on payment of $175 for every such extract.
(L.N. 95 of 1988; L.N. 55 of 1993; L.N. 215 of 1994; L.N. 104 of 2005; L.N. 56 of 2014; L.N. 182 of 2016)
11. Copies of particulars
The Registrar shall—
upon the registration of a local newspaper following the furnishing under regulation 3 of particulars specified in Form 1 in the Schedule; and
upon the furnishing under regulation 5 of substituted particulars specified in Form 3 in the Schedule,
send by post a copy of Form 1 or Form 3, as the case may be, to each person named therein.
12. Registration fees, etc.
A fee of $1,140 shall be payable on registration under regulation 2.
An annual fee of $895 shall be payable for every year other than the first during which such registration remains in force and shall become due on the anniversary of the day upon which the registration was effected.
A fee of $140 shall be payable on every occasion upon which substituted particulars are furnished under regulation 5.
(L.N. 95 of 1988; L.N. 55 of 1993; L.N. 215 of 1994; L.N. 104 of 2005; L.N. 56 of 2014; L.N. 182 of 2016)
13. Distributor to be licensed
Subject to paragraph (3), no newspaper shall be distributed for sale except by a newspaper distributor licensed by the Registrar.
A licence shall be in Form 2 in the Schedule and a fee of $1,025 per annum or part thereof shall be payable for such licence for the period ending 31 December of any year. (L.N. 55 of 1993; L.N. 215 of 1994; L.N. 104 of 2005; L.N. 56 of 2014; L.N. 182 of 2016)
No licence shall, by reason of this regulation, be required for the sale by retail of any newspaper to any member of the public.
14. (Repealed L.N. 172 of 1995)
15. Copies of newspapers printed or produced outside Hong Kong to be supplied to Registrar
A newspaper distributor licensed under regulation 13 shall supply to the Registrar on the day of distribution or on the day next following (other than a holiday) a copy of every newspaper printed or produced outside Hong Kong and distributed by him and of every second or other varied edition or impression of that newspaper so distributed.
The copy of every newspaper supplied to the Registrar under paragraph (1) shall bear the signature, full name and address of the newspaper distributor.
The Registrar shall keep in his possession the copy of every newspaper supplied to him under paragraph (1) for a period of not less than 6 months after which time he may destroy or otherwise dispose of that copy.
16. (Repealed L.N. 95 of 1988)
17. Exemption
The Registrar may exempt any local newspaper from all or any of the provisions of these regulations.
Any person seeking exemption of a local newspaper under paragraph (1) who is aggrieved by a decision of the Registrar under that paragraph may appeal by way of petition to the Chief Executive who— (34 of 1999 s. 3)
may regard such petition as being complete for the purposes of considering the appeal; and
may confirm, vary or reverse such decision or substitute therefor such other decision or make such other order as he may think fit.
The right of appeal provided by paragraph (2) shall not be exercisable by any person after the expiration of 7 days from the notification to him in writing of the Registrar’s decision.
18. Bulletins to registered newspaper deemed not to be newspaper
Bulletins issued by a news agency which has satisfied the Registrar that such bulletins are distributed in Hong Kong only to local newspapers registered under these regulations shall, while the distribution remains so restricted not be deemed to be a local newspaper for the purpose of these regulations and shall be exempted therefrom. The Registrar shall declare in writing under his hand whether or not he has been satisfied as aforesaid.
19. Offences and penalties
Any person who contravenes regulation 2, 3, 4, 5, 8, 13(1), 14 or 15 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 6 months provided that a contravention of regulation 15 shall be punishable only by such fine.
Schedule
[regs. 3, 5, 11 & 13](Amended E.R. 1 of 2018)Form 1
Registration of Local Newspapers Ordinance(Chapter 268)Newspapers Registration and Distribution RegulationsParticulars of Proprietor, Printer, Publisher and Editor of Local Newspaper
| Name of local newspaper | |
| Address of local newspaper | |
| Frequency of publication | |
| (half-yearly/quarterly/monthly/fortnightly/weekly/daily or otherwise) | |
| Full name of proprietor | |
| Business address of proprietor | |
| .Tel.: | |
| *Hong Kong identity card no. of proprietor | |
| Signature or seal of proprietor | |
| Full name of printer | |
| Business address of printer | |
| .Tel.: | |
| *Hong Kong identity card no. of printer | |
| Signature or seal of printer | |
| Full name of publisher | |
| Business address of publisher | |
| .Tel.: | |
| *Hong Kong identity card no. of publisher | |
| Signature or seal of publisher | |
| Full name of editor | |
| Business address of editor | |
| .Tel.: | |
| *Hong Kong identity card no. of editor | |
| Signature or seal of editor | |
| I certify that the above particulars and my description are correct. | |
| ** | Signature of informant: | ||
| Description of informant: | |||
| (proprietor/printer/publisher/editor/or otherwise) | |||
| Date: | |||
| Note: | *(i) | Where no Hong Kong identity card is held a passport or other travel document no. should be inserted. |
| In the case of a company or other body corporate the company registration no. should be inserted. | ||
| **(ii) | In the case of a company or other body corporate the informant should be a director, manager, secretary or other officer of that company or body corporate. | |
| In the case of a firm or partnership the informant should be a partner of that firm or partnership. |
_
| Licence No. |
Registration of Local Newspapers Ordinance(Chapter 268)Newspapers Registration and Distribution RegulationsNewspaper Distributor's Licence
| . (full name) |
| of |
| . (business address) |
| . (Hong Kong identity card no.) |
| is licensed as a newspaper distributor at |
| .(address or location) for the period ending 31 December 19. . |
| Fee: $ Payment received. |
| (photograph of licensee) | . Registrar of Newspapers | |
| Date |
_ Registration of Local Newspapers Ordinance(Chapter 268)Newspapers Registration and Distribution RegulationsChange of Particulars of Local Newspaper
| Particulars | Existing | Substituted | ***Date of Change | ||
| Name of local newspaper | |||||
| Address of local newspaper | | | | ||
| Frequency of publication | |||||
| (half-yearly/quarterly/monthly/fortnightly/weekly/daily/or otherwise) | |||||
| Full name of proprietor | |||||
| Business address of proprietor | | | | ||
| Tel.: | Tel.: | ||||
| *Hong Kong identity card no. of proprietor | | | | ||
| Signature or seal of new proprietor | | ||||
| Full name of printer | |||||
| Business address of printer | | | | ||
| Tel.: | Tel.: | ||||
| *Hong Kong identity card no. of printer | | | | ||
| Signature or seal of new printer | | ||||
| Full name of publisher | |||||
| Business address of publisher | | | | ||
| Tel.: | Tel.: | ||||
| *Hong Kong identity card no. of publisher | | | | ||
| Signature or seal of new publisher | | ||||
| Full name of editor | |||||
| Business address of editor | |||||
| Tel.: | Tel.: | ||||
| *Hong Kong identity card no. of editor | | | | ||
| Signature or seal of new editor | | ||||
I certify that the above particulars and my description are correct.
| ** | Signature of informant: | ||
| Description of informant: | |||
| (proprietor/printer/publisher/editor/or otherwise) | |||
| Date: | |||
| Note: | *(i) | Where no Hong Kong identity card is held a passport or other travel document no. should be inserted. |
| In the case of a company or other body corporate the company registration no. should be inserted. | ||
| **(ii) | In the case of a company or other body corporate the informant should be a director, manager, secretary or other officer of that company or body corporate. | |
| In the case of a firm or partnership the informant should be a partner of that firm or partnership. | ||
| ***(iii) | Insert “No change” where furnished particulars remain unchanged. |