Page:Crimes (Amendment) Ordinance 2021.pdf/11

Crimes (Amendment) Ordinance 2021 Ord. No. 35 of 2021 Section 3 :::(i) intends the threat to cause humiliation, alarm or distress to the individual; or
 * (ii) knows or is reckless as to whether the threat will or is likely to cause humiliation, alarm or distress to the individual;
 * (c) no consent is given by the individual to the threatened publication; and
 * (d) the person disregards whether the individual consents to the threatened publication.
 * (3) For subsections (1) and (2), it is immaterial whether the intimate image is—
 * (a) created, generated or obtained in Hong Kong or elsewhere;
 * (b) created, generated or obtained by—
 * (i) the individual referred to in subsection (1) or (2), as the case may be (subject individual); or
 * (ii) the person;
 * (c) created, generated or obtained with or without the consent of the subject individual;
 * (d) created, generated or obtained before, on or after the day on which the Crimes (Amendment) Ordinance 2021 (35 of 2021) comes into operation; or
 * (e) provided to the person by the subject individual.
 * (4) For subsection (2), it is immaterial whether the person is capable of publishing the intimate image.
 * (5) A person who commits an offence under subsection (1) or (2) is liable on conviction on indictment to imprisonment for 5 years.