Page:Mandatory Reporting of Child Abuse Ordinance (Cap. 650).pdf/11

Mandatory Reporting of Child Abuse Ordinance

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11. Prohibition on disclosing identity of specified professionals who made reports

(1) A person commits an offence if the person discloses the identity of a specified professional as the person who made a report, or information from which such identity could be deduced.

(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction—to a fine at level 5; or

(b) on conviction on indictment—to a fine at level 5 and to imprisonment for 3 months.

(3) It is a defence for a person prosecuted for an offence under subsection (1) to establish that—

(a) the disclosure is necessary for performing a function under an Ordinance, or for carrying into effect or doing anything authorized by an Ordinance;

(b) the disclosure is made for the consideration of the institution of, or otherwise for the purpose of, any criminal proceedings or any investigation of a criminal complaint;

(c) the disclosure is made with the written consent of the professional;

(d) the disclosure is made under an order of a court;

(e) the disclosure is made for the purpose of seeking advice from, or the giving of advice by, a counsel or a solicitor or any other professional adviser, acting or proposing to act in a professional capacity in connection with any matter arising under this Ordinance;