Page:Safeguarding National Security Ordinance.pdf/136

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Safeguarding National Security Ordinance

Part 7—Division 2
Ord. No. 6 of 2024
Section 93
A687

(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 that the joint venture, partnership or like relationship concerned was one with 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) If a person does an act mentioned in subsection (2) under a contract, agreement or obligation that arose before the date on which the relevant absconder became a relevant absconder, the person is not to be regarded as having contravened that subsection by reason only of that act.

93. Suspension of qualification to practise

(1) If it is specified under section 89(4) (including by virtue of section 89(5)) that this section applies in relation to a person, the person is a relevant absconder for the purposes of this section during the period within which the specification is in force.

(2) If, at any time during the period within which the specification is in force (material time), a relevant absconder holds a qualification to practise in a profession under any Ordinance, the qualification to practise is, for all purposes, to be regarded as suspended at the material time (regardless of whether the Ordinance itself provides for the suspension (however described) of the qualification to practise).