Hong KongWeapons of Mass Destruction (Control of Provision of Services) Ordinance
Officially Prohibition on providing services that assist weapons of mass destruction
Also known as Cap. 526.
Weapons of Mass Destruction (Control of Provision of Services) Ordinance (Cap. 526), s. 4
In force since .
An end user controls rule binding private bodies.
- Obligation class
- Prohibition
What it requires
- Do not provide a service to another person if you believe or suspect, on reasonable grounds, that it will or may assist the development, production, acquisition or stockpiling of weapons of mass destruction, wherever that takes place (Cap. 526 s. 4(1) and (2)).
- Treat anything that confers a benefit on, provides a facility for or otherwise assists someone, other than importing or exporting goods, as a service for this purpose, including work under a contract and lending money (Cap. 526 s. 4(3)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Providing a service in the circumstances of section 4(1) is an offence, punishable on summary conviction by a fine of $500,000 and imprisonment for 2 years and on conviction upon indictment by an unlimited fine and imprisonment for 7 years.
What this law does
A person who provides any services to another person commits an offence if the person believes or suspects, on reasonable grounds, that the services will or may assist the development, production, acquisition or stockpiling of weapons of mass destruction. It is immaterial whether that development, production, acquisition or stockpiling takes place in Hong Kong or elsewhere.
Providing services includes doing anything, other than importing or exporting goods, that confers a benefit on, grants a right or privilege to, provides a facility for or otherwise assists someone, including under a contract for work or for lending money. An offence is punishable on summary conviction by a fine of $500,000 and imprisonment for 2 years, and on conviction upon indictment by an unlimited fine and imprisonment for 7 years.
When LexLint raises it
When your app profile says your app ships encryption, distributes a software product or ships a mobile app.
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