Page:Safeguarding National Security Ordinance.pdf/162

Safeguarding National Security Ordinance Part 8 Section 119 ::(ii) Party A uses the words, makes the communication, or does the act in consequence of—
 * (A) a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person; or
 * (B) a thing done (or attempted to be done) by the aider in providing assistance in relation to a case concerning national security,

Party A commits an offence and is liable on conviction on indictment to imprisonment for 10 years.

(2) If a person is charged with an offence under subsection (1) and the charge alleges that the person falls within the description in subsection (1)(d)(ii), it is a defence for the person to establish that it was reasonable in the circumstances to use the words, make the communication, or do the act.

(3) A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—
 * (a) there is sufficient evidence to raise an issue with respect to that matter; and
 * (b) the contrary is not proved by the prosecution beyond reasonable doubt.

(4) In this section—

aider (協助者) means an informer of, or a witness in, a case concerning national security;

family member (家人), in relation to a person, means another person who is related to the person by blood, marriage, adoption or affinity;