Page:Foreign Interference (Countermeasures) Act 2021.pdf/163

Rh ::(iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence 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 offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction 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 offence 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 also does not affect the application of—
 * (a) Chapters 5 and 5A of the Penal Code 1871; or
 * (b) any other law or practice regarding the admissibility of evidence.

(5) To avoid doubt, subsection (2) does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.

(6) In this section—
 * “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes—
 * (a) any person holding a position analogous to that of president, secretary or member of an executive committee of the unincorporated association; and
 * (b) any person purporting to act in any such capacity;
 * “partner” includes a person purporting to act as a partner;