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(6) (Repealed 33 of 2003 s. 3)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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