Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 47

Offence of serious vilification

(Past version on 30/06/1997).

(1) A person commits an offence if-

   (a)  the person, by any activity, incites hatred towards, serious contempt
        for, or severe ridicule of, another person (“the second-mentioned
        person”) with a disability or members of a class of persons with a
        disability;

   (b)  the person intentionally incites such hatred, serious contempt or
        severe ridicule; and

   (c)  the activity is an activity in public and consists of threatening
        physical harm, or inciting others to threaten physical harm-

        (i)    towards, or towards any premises or property of, the
               second-mentioned person or the members of the class of persons;
               or

        (ii)   towards the premises or property of any other person to which
               the second-mentioned person or the members of the class of
               persons have access.

(2) For the purposes of subsection (1)(a), it is immaterial whether a person
is actually incited, by an activity, to-

   (a)  hatred towards;

   (b)  serious contempt for; or

   (c)  severe ridicule of, another person with a disability or members of a
        class of persons with a disability.

(3) A person who commits an offence under subsection (1) is liable on
conviction to a fine at level 6 and to imprisonment for 2 years. (Replaced 29
of 2008 s. 100)