Crimes Ordinance
Part VIII
8-10
Section 64
Cap. 200
purposes of this Part as having a lawful excuse apart from
this subsection, be treated for those purposes as having a
lawful excuse—
(a) if at the time of the act or acts alleged to constitute the
offence he believed that the person or persons whom he
believed to be entitled to consent to the destruction of or
damage to the property in question had so consented, or
would have so consented to it if he or they had known
of the destruction or damage and its circumstances; or
(b) if he destroyed or damaged or threatened to destroy
or damage the property in question or, in the case of
a charge of an offence under section 62, intended to
use or cause or permit the use of something to destroy
or damage it, in order to protect property belonging
to himself or another or a right or interest in property
which was or which he believed to be vested in himself
or another, and at the time of the act or acts alleged to
constitute the offence he believed—
(i) that the property, right or interest was in immediate
need of protection; and
(ii) that the means of protection adopted or proposed
to be adopted were or would be reasonable having
regard to all the circumstances.
(3) For the purpose of this section, it is immaterial whether a
belief is justified or not if it is honestly held.
(4) For the purposes of subsection (2), a right or interest in
property includes any right or privilege in or over land,
whether created by grant, licence or otherwise.
(5) This section shall not be construed as casting doubt on any
defence recognized by law as a defence to criminal charges.
(Added 48 of 1972 s. 3)
Verified Copy
Last updated date
16.11.2017
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