Safeguarding National Security Ordinance
- (ii) Party A uses the words, makes the communication, or does the act in consequence of—
- (A) a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person; or
- (B) a thing done (or attempted to be done) by the aider in providing assistance in relation to a case concerning national security,
- (ii) Party A uses the words, makes the communication, or does the act in consequence of—
Party A commits an offence and is liable on conviction on indictment to imprisonment for 10 years.
(2) If a person is charged with an offence under subsection (1) and the charge alleges that the person falls within the description in subsection (1)(d)(ii), it is a defence for the person to establish that it was reasonable in the circumstances to use the words, make the communication, or do the act.
(3) A person is taken to have established a matter that needs to be established for a defence under subsection (2) 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.
(4) In this section—
aider (協助者) means an informer of, or a witness in, a case concerning national security;
family member (家人), in relation to a person, means another person who is related to the person by blood, marriage, adoption or affinity;