Page:Race Discrimination Ordinance (Cap. 602).pdf/42

(2) For the purposes of subsection (1), it is immaterial whether a person is actually incited, by an activity, to—

(a) hatred towards;

(b) serious contempt for; or

(c) severe ridicule of,

another person or members of a class of persons on the ground of the race of the person or members of the class of persons.

(3) Nothing in this section renders unlawful—

(a) a fair report on an activity in public;

(b) an activity in public that—

(i) is a communication or the distribution or dissemination of any matter; and

(ii) consists of a publication which is subject to a defence of absolute privilege in proceedings for defamation; or

(c) an activity in public done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussions about and expositions of any matter.

(4) In this section and section 46, “activity in public” (公開活動) includes any of the following activities, whether or not the person carrying out the activity is in a public place while carrying out the activity—

(a) any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, screening and playing of tapes or other recorded material;

(b) any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia;

(c) the distribution or dissemination of any matter to the public.

46. Offence of serious vilification

(1) A person commits an offence if—

(a) the person, by any activity, incites hatred towards, serious contempt for, or severe ridicule of, another person (“the second-mentioned person”) or members of a class of persons, on the ground of the race of the second-mentioned person or the members of the class of persons;

(b) the person intentionally incites such hatred, serious contempt or severe ridicule on such ground; and

(c) the activity is an activity in public and consists of threatening physical harm, or inciting others to threaten physical harm—