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Safeguarding National Security Ordinance

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55. Meaning of using improper means

(1) For the purposes of section 52, the person mentioned in that section (subject person) uses improper means when doing the act mentioned in that section if the person falls within at least one of the descriptions in paragraphs (a), (b) and (c)—

(a) the subject person knowingly makes to a person a material misrepresentation when doing the act or any part of it;

(b) the act or any part of it is done by any one or more of the following ways—

(i) using or threatening to use violence against a person;

(ii) destroying or damaging, or threatening to destroy or damage, a person’s property;

(iii) causing financial loss to a person by other means, or threatening to cause financial loss to a person by other means;

(iv) damaging or threatening to damage a person’s reputation;

(v) causing psychological harm to, or placing undue psychological pressure on, a person;

(c) the act or any part of it constitutes an offence.

(2) For the purposes of subsection (1)(a), a material misrepresentation—

(a) may be made orally or by written representation, and may be made by other conduct; and

(b) may be express or implied.