Crimes (Amendment) Ordinance 2021
Ord. No. 35 of 2021
Section 3
A3617
- (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.
