Safeguarding National Security Ordinance
(3) In this section, a reference to making to a person a material misrepresentation is a reference to making to the person a false or misleading representation that has the effect of preventing the person from discerning—
- (a) the fact that the subject person, with intent to bring about an interference effect, does the act; or
- (b) the fact that the subject person collaborates with an external force to do the act.
56. Presumption of doing acts on behalf of external force
(1) In proceedings brought against a person (defendant) for an offence under section 52, if the prosecution proves that the defendant, with intent to bring about an interference effect, did an act, the defendant is to be presumed, for the purposes of section 54(b), to have done the act on behalf of an external force as long as the prosecution further proves that—
- (a) the defendant communicated with the external force in relation to the intent or a matter in connection with the intent before so doing the act; and
- (b) the defendant knew or ought to have known that the act or any part of it—
- (i) would result in the external force achieving its aims; or
- (ii) would otherwise benefit the external force.
(2) However, the presumption under subsection (1) is rebutted by the defendant if—
- (a) there is sufficient evidence to raise an issue that the defendant did not do the act on behalf of the external force; and
