Page:Administration of Justice (Protection) Act 2016.pdf/16

Rh ::(ii) a partner in the partnership; or
 * (iii) an individual who is involved in the management of the unincorporated association or partnership and who is in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and
 * (b) who—
 * (i) consented or connived, or conspired with others, to effect the commission of the contempt of court;
 * (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the contempt of court by the unincorporated association or partnership; or
 * (iii) knew or ought reasonably to have known that the contempt of court by the unincorporated association or partnership (or contempt of court of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that contempt of court,

shall be guilty of the same contempt of court as is the unincorporated association or partnership (as the case may be), and shall be liable on being found guilty of contempt of court to be punished accordingly.

(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the contempt of court with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.

(4) To avoid doubt, this section does not affect the application of—
 * (a) Chapters V and VA of the Penal Code (Cap. 224); or
 * (b) the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence.

(5) To avoid doubt, subsection (1) also does not affect the liability of an unincorporated association or a partnership for contempt of court