Page:Administration of Justice (Protection) Act 2016.pdf/23

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24
NO. 19 OF 2016


aside or vary the direction, within such period and in such manner as may be prescribed in Rules of Court or Family Justice Rules.

(10) On an application under subsection (9), the High Court may set aside or vary the direction in whole or in part if it is satisfied, on the balance of probabilities, that—

(a) the person to whom such direction applies did not publish the matter specified in the direction;
(b) the publication of such matter did not—
(i) impute improper motives to or impugn the integrity, propriety or impartiality of any court; and pose a risk that public confidence in the administration of justice would be undermined;
(ii) prejudge an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; and
(iii) otherwise prejudice, interfere with, or pose a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or
(c) any exception or condition specified in the direction is not just and equitable.

(11) An application made under subsection (9) does not operate as a stay of the direction.

(12) No criminal or civil liability is to be incurred for anything done or omitted to be done with reasonable care and in good faith in complying with a direction given under this section.

(13) To avoid doubt, nothing in this section prevents the institution or continuation of proceedings for contempt of court in respect of a matter which is the subject of a direction.

(14) Every offence under this section is an arrestable offence for the purposes of the Criminal Procedure Code (Cap. 68).

(15) The Minister may make rules for the purposes of this section and for prescribing anything that is required to be prescribed.