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Newspaper fined over ads offering Sars cure

The Sun newspaper was slapped with a $6,000 fine yesterday for publishing an advertisement promoting a herbal drink as a prevention against Sars.

Magistrate Eddie Yip Chor-man, sitting in the Eastern Court, imposed the fine after the newspaper group pleaded guilty to publishing an advertisement likely to lead to the use of a medicine on May 9 last year.

The newspaper's lawyers yesterday changed an earlier guilty plea to not guilty in trying to gain a permanent stay on proceedings. However, they changed their plea back to guilty after Mr Yip said there was not enough evidence for a stay on proceedings.

Mr Yip brushed aside the news group's assertions that it had been unfairly targeted by the Department of Health after the advertisement was carried in other papers.

The court heard the paper had complained to Secretary for Health, Welfare and Food Yeoh Eng-kiong earlier this month that a medical advertisement it was being prosecuted for had also been carried by Sing Pao on May 14.

The court heard the Department of Health's limited resources meant it had only learned that Sing Pao had also carried the advertisement when the hearing started.

Mr Yip said: 'If the department had known about Sing Pao's publication but did not prosecute it, then it would be a wrong decision. But they didn't know about it.

'The same applies to a caught robber who tells police it was unfair [he was caught] because the police did not catch another robber they didn't know about.'

Solicitor Pierre Hui Hin-sing, manager of the Oriental Press Group's legal department, restated the paper's dissatisfaction despite its plea of guilty.

The court heard the paper published an advertisement for Tianren Pharmaceutical's Yue Kam Ngan Isatis Root on April 5.

The department issued a warning letter after the advert described the product as 'the most effective prescription for preventing flu in the country'' and that it could 'prevent viruses and toxins''.

The paper then advertised the product again on May 9, but this time the advert read: 'Mum makes Yue Kam Ngan Isatis Root drinks for me to bring to school every day because they can prevent Sars.''

The department went to the police on May 15.

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