Page:Crimes (Amendment) Ordinance 2021.pdf/12

Crimes (Amendment) Ordinance 2021 Ord. No. 35 of 2021 Section 3 Division 3—Consent and Defence
 * 159AAF. Interpretation
 * In this Division—
 * subject individual (事主) means an individual whose intimate act, intimate part or intimate image is the subject of a person’s conduct.
 * 159AAG. Who cannot give consent that would prevent conduct from becoming offence under Division 2
 * A subject individual cannot give a consent that would prevent a person’s conduct from becoming an offence under Division 2 if, at the time when the conduct takes place, the subject individual—
 * (a) is under the age of 16; or
 * (b) is a mentally incapacitated person as defined by section 117(1).
 * 159AAH. Disregard whether consent is given
 * For the purposes of Division 2, a person disregards whether a subject individual consents to the person’s conduct if the person—
 * (a) knows that the subject individual does not consent to the conduct; or
 * (b) is reckless as to whether the subject individual consents to the conduct.