Manipulation and Falsehoods Regulations

HONG KONG AVIATION FORUM COMMON RULE

Cap. 3: Manipulation and Falsehoods Regulation

Part I

Preliminary

1. Short Title

This regulation may be cited as the Manipulation and Falsehoods Regulation.

2. Interoperation

In this regulation, unless the context otherwise requires—

content (內容) means texts, photos, videos, documents, links, codes transmitted in any forms;

adjudicator (裁決者) has the same meaning as in the Adjudication Act (Fundamental Rule Cap. 7);

adjudicator of the Board of First Adjudication (初審委員會裁決) means adjudicators serving as adjudicators for the Board of First Adjudication, and Board of First Adjudication (初審委員會) has the same meaning as in the Practice Direction 1.1.

Part II

Regulations Against Manipulation and Falsehoods

3. Manipulative intention

(1) A manipulative intention is an intention to create an impression or argument in favour of his interests.

(2) A content is not manipulative by reason only that it intends to point out errors or defects of the Administrators of the Hong Kong Aviation Forum.

4. Manipulation

(1) Any person who does or attempts to publish, or makes any preparation to publish, any manipulated content, and—

(a) the defendant has received any benefits to release any manipulated content; or

(b) the release of manipulated content is related or committed by 2 or more persons; and

shall be guilty of a rule violation and is liable on conviction upon indictment up to permanent removal from the group.

(2) In this section—

manipulated content (被操縱的內容) means a content having manipulative intention;

benefit (利益) means an advantage or profit gained, no matter it is monetary or non-monetary.

5. Order of Reveal

If an Adjudicator of the Board of First Adjudication is satisfied by information by the Moderator that there is reasonable cause to believe that a rule violation under section 4 has been or is about to be committed, he may grant an Order of Reveal to require a member to hand out any information which the Moderator has reasonable ground for suspecting to be evidence of a rule violation under section 4.

6. False statement

A false statement is—

(a) a statement which is false or misleading, whether wholly or in part, and whether on its own or the context which it appears; and

(b) the statement will be regarded as a false statement by a reasonable person.

7. Falsehoods

(1) Any person who posts any content containing a false statement shall be guilty of a rule violation and is liable on conviction upon indictment or minor contravenes to a penalty not exceeding level 2 in the Level of Penalty.

(2) In this section, the level of penalty (罰則附表) has the same meaning as in section 17(2) of the General Rules Regulations (Cap. 1).

(3) It is a defence to a charge under subsection (1) that the content including a false statement is—

(a) predictions; or

(b) analysis.

7A. Directions of Administrators to prohibit specified outlets

(1) For preventing the publication of inaccurate, misleading, manipulated or false statements, the Administrators may issue a direction imposing requirements or restrictions, for a period specified in the direction, in relation to any outlets that provide information or news.

(2) A period specified in any direction issued under subsection (1) must not exceed 1 year.

(3) Any direction issued under subsection (1)—

(a) must be announced in the release centre; and

(b) is not a subsidiary rule.

7B. Persons publishing must comply with directions of Administrators

(1) A person who publishes must comply with any direction issued under section 7A(1) that applies in relation to the publication;

(2) A person who contravenes subsection (1) commits a rule violation and is liable on indictment or minor contravenes to a penalty not exceeding level 2 in the Level of Penalty.

(3) It is a defence to a charge under subsection (2) that—

(a) the information is published by the specified outlet exclusively; and

(b) the information published is not inaccurate, misleading, manipulated or false.

(4) In this section, the level of penalty (罰則附表) has the same meaning as in section 17(2) of the General Rules Regulations (Com. Rule Cap. 1).

Part III

Appeal

8. Appeal

(1) Appeal against a conviction, are requested through—

(a) Email (help.pr.hkaf@gmail.com);

(b) Facebook Messenger (http://facebook.com/hkafofficial);

(c) Website “Report a problem” (https://docs.google.com/forms/d/e/1FAIpQLSc248imow1GdcoJZ5m4dX3I37PIJPqwmyNg5FEGCiMFeE_xZw/viewform).

(2) Where an appeal was received, the adjudicator could issue a Suspension Order to temporarily suspend the penalties from enactment.