Page:Race Discrimination Ordinance (Cap. 602).pdf/76

RACE DISCRIMINATION ORDINANCE :another person with a disability or members of a class of persons with a disability.”.

(2) Section 46(2)(b) is repealed and the following substituted—
 * “(b) an activity in public that—
 * (i) is a communication or the distribution or dissemination of any matter; and
 * (ii) consists of a publication which is subject to a defence of absolute privilege in proceedings for defamation; or”.

100. Section substituted

Section 47 is repealed and the following substituted—
 * “47. Offence of serious vilification
 * (1) A person commits an offence if—
 * (a) the person, by any activity, incites hatred towards, serious contempt for, or severe ridicule of, another person (“the second-mentioned person”) with a disability or members of a class of persons with a disability;
 * (b) the person intentionally incites such hatred, serious contempt or severe ridicule; and
 * (c) the activity is an activity in public and consists of threatening physical harm, or inciting others to threaten physical harm—
 * (i) towards, or towards any premises or property of, the second-mentioned person or the members of the class of persons; or
 * (ii) towards the premises or property of any other person to which the second-mentioned person or the members of the class of persons have access.
 * (2) For the purposes of subsection (1)(a), it is immaterial whether a person is actually incited, by an activity, to—
 * (a) hatred towards;
 * (b) serious contempt for; or
 * (c) severe ridicule of,
 * another person with a disability or members of a class of persons with a disability.
 * (3) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6 and to imprisonment for 2 years.”.