RACE DISCRIMINATION ORDINANCE
Ord. No. 29 of 2008
A1353
- another person with a disability or members of a class of persons with a disability.”.
(2) Section 46(2)(b) is repealed and the following substituted—
- “(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”.
100. Section substituted
Section 47 is repealed and the following substituted—
- “47. 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”) with a disability or members of a class of persons with a disability;
- (b) the person intentionally incites such hatred, serious contempt or severe ridicule; and
- (c) the activity is an activity in public and consists of threatening physical harm, or inciting others to threaten physical harm—
- (i) towards, or towards any premises or property of, the second-mentioned person or the members of the class of persons; or
- (ii) towards the premises or property of any other person to which the second-mentioned person or the members of the class of persons have access.
- (2) For the purposes of subsection (1)(a), 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 with a disability or members of a class of persons with a disability.
- (3) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6 and to imprisonment for 2 years.”.
