Page:Safeguarding National Security Ordinance.pdf/161

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Safeguarding National Security Ordinance

Part 8
Ord. No. 6 of 2024
Section 119
A737

119. Unlawful harassment of persons handling cases or work concerning national security

(1) If—

(a) a person (Party A), with intent to cause alarm or distress or specified harm to a specified person (or a family member of the specified person) or an aider (or a family member of the aider) (Party B)—
(i) uses any intimidating, abusive or offensive words to Party B by any means, or otherwise makes to Party B any intimidating, abusive or offensive communication; or
(ii) does any intimidating, abusive or offensive act towards Party B by any means;
(b) a reasonable person, having regard to all the circumstances, would have anticipated that so using the words to Party B, making the communication to Party B or doing the act towards Party B would cause alarm or distress or specified harm to Party B;
(c) the words, communication or act, in fact, causes alarm or distress or specified harm to Party B; and
(d) Party A falls within the description in any of subparagraphs (i) and (ii)—
(i) Party A uses the words, makes the communication, or does the act with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security;