Telecommunications Ordinance Part 3 3-38 Section 9B Cap. 106 (4) Where in any proceedings the defence provided by subsection (3) involves an allegation that the commission of the offence was due to— (a) the act or default of another person; or (b) reliance on information given by another person, the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of— (i) the person who committed the act or default or gave the information; and (ii) the act, default or information, of which he is aware at the time he serves the notice. (5) A person is not entitled to rely on the defence provided by subsection (3) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to— (a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and (b) whether he had any reason to disbelieve the information. (6) (Repealed 33 of 2003 s. 3) (Added 29 of 2000 s. 3) 9B. Application of section 9 to article in transit Section 9 does not apply in relation to radiocommunications transmitting apparatus that is an article in transit other than air transit cargo exempted under section 9A. (Added 33 of 2003 s. 3) Last updated date 20.10.2016

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