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Safeguarding National Security Ordinance

Part 8
Ord. No. 6 of 2024
Section 121
A745

specified person (指明人士), in relation to any existing or contemplated proceedings, means the following person whom the proceedings involve or are likely to involve—

(a) a public servant;
(b) a judicial officer or a staff member of the Judiciary;
(c) a counsel or solicitor; or
(d) an informer or witness.

121. Offence of contravening order prohibiting disclosure of identity

(1) If a person, knowing that an order prohibiting disclosure of identity has been made, discloses information the disclosure of which is prohibited by the order, the person commits an offence and is liable on conviction on indictment to imprisonment for 5 years.

(2) It is a defence for a person charged with an offence under subsection (1) to establish that the person had a reasonable excuse or lawful authority to make the disclosure.

(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) If—

(a) any—
(i) HKSAR resident;
(ii) body corporate that is incorporated, formed or registered in the HKSAR; or