Safeguarding National Security Ordinance
Part 7—Division 2
Ord. No. 6 of 2024
Section 90
A679
(3) A person who contravenes subsection (2) commits an offence and is liable on conviction on indictment to imprisonment for 7 years.
(4) It is a defence for a person charged with an offence under subsection (3) to establish that the person did not know and had no reason to believe—
- (a) for a contravention of subsection (2)(a)—that the funds or other financial assets or economic resources concerned were, or were to be, made available to, or for the benefit of, a relevant absconder; or
- (b) for a contravention of subsection (2)(b)—that the person was dealing with the funds or other financial assets or economic resources belonging to, or owned or controlled by, a relevant absconder.
(5) A person is taken to have established a matter that needs to be established for a defence under subsection (4) if—
- (a) there is sufficient evidence to raise an issue with respect to that matter; and
- (b) the contrary is not proved by the prosecution beyond reasonable doubt.
(6) A person is not to be regarded as having contravened subsection (2) by reason only of having credited any of the following to an account belonging to, or directly or indirectly owned or controlled by, a relevant absconder—
- (a) interest or other earnings due on that account;
- (b) payment due under contracts, agreements or obligations that arose before the date on which the relevant absconder became a relevant absconder.
(7) In this section—
deal with (處理) means—
