Penal Law, 5737-1977

In this Division, "testimony" means oral or written statements made for the purpose of evidence, excluding unsworn statements made by an accused in criminal proceedings, and including expert opinions given for the purpose of evidence and translations rendered by an interpreter in judicial proceedings.

[Amendment: [1969], [1973]|other=[a/117, a/118]]

[Amendment: [1969]|other=[a/119]]

One who fabricates evidence, otherwise than by way of perjury or suborning perjury, or who knowingly uses such fabricated evidence, in either case with intent to mislead a judicial authority or a commission of inquiry in judicial proceedings, is liable to five years' imprisonment.

One who knowingly makes a false declaration, whether under oath or solemn affirmation or without oath and without solemn affirmation, before a person authorized to receive such declaration, is liable to three years' imprisonment.

[Amendment: [1965], [1969], [1974], 1980-7|other=[a/120a]]

[Amendment: [1968]|other=[a/120b]]

One who knows that a book, document or particular thing is required, or may be required, as evidence in judicial proceedings, and who wilfully destroys it or renders it illegible, indecipherable or unidentifiable, all with intent to prevent its use as evidence, is liable to five years' imprisonment.

[Amendment: [1973]|other=[a/123]]

One who provides a police officer or a person authorized to bring criminal charges with information about an offence, knowing the information to be false, is liable to three years' imprisonment, and if the offence is a felony — to five years' imprisonment; and it is immaterial whether or not criminal proceedings were brought as a result of the information.

[Amendment: [1973]|other=[a/124]]

One who does any act with intent to prevent or frustrate judicial proceedings or to bring about a miscarriage of justice, whether by thwarting the summons of a witness, concealing evidence or by any other means, is liable to three years' imprisonment; for this purpose, "judicial proceedings" includes a criminal investigation and the enforcement of a court order.

[Amendment: [1973], 1977-2|other=[a/124a(a), (b)]]

[Amendment: [1973]|other=[a/124a(c), (d)]]

[Amendment: [1973]|other=[a/124a(f) opening]]

Sections 245(a) and 246(a) shall not apply to an act done to inform a person of that person's legal right to refrain from testifying or from giving a statement, or to an act done lawfully in the course of a trial or investigation.

[Amendment: [1973]|other=[a/124a(f) closing]]

In a charge of preventing a statement or testimony, or of inducing the retraction of a statement or testimony, under Sections 245(a) or 246(a), the accused shall have a defence if the accused proves that the act was done for the purpose of revealing the truth or preventing a falsehood.

[Amendment: [1973]|other=[a/124a(e)]]

One who harasses a person in connection with a statement that the person gave, or is about to give, in a lawful investigation, or in connection with testimony that the person gave, or is about to give, in judicial proceedings, is liable to three years' imprisonment.

[Amendment: 1980-7]

Where an offence under Sections 245, 246 or 249 was committed while the offender carried a firearm or a bladed weapon, or where two or more persons joined together to commit the act by one or some of them, the penalty for each of them shall be —

One who seeks to improperly influence the outcome of judicial proceedings by words of solicitation or requests addressed to a judge or court officer is liable to one year's imprisonment.

One who publishes, not in good faith, by any means of publication, an inaccurate report of proceedings in a court or a commission of inquiry under the Commissions of Inquiry Law, 5729–1968, is liable to six months' imprisonment.

One who initiates, by any means of publication, a fundraising campaign for the payment of a fine, costs or compensation ordered by a court in criminal proceedings, or who publicizes such a fundraising campaign, is liable to six months' imprisonment.

[Amendment: 1991-4]

[Amendment: [1973]|other=[a/129]]

[Amendment: [1966]|other=[a/130]]

One who does any of the following is liable to six months' imprisonment:

One who says or writes anything about a judge or adjudicator in relation to that person's office with intent to harm that person's standing, or who publishes words of abuse against a judge or adjudicator in order to cast suspicion upon or to bring into disrepute the manner of adjudication, is liable to three years' imprisonment; however, honest and courteous criticism of the quality of a decision made by a judge or adjudicator on a matter of public interest shall not constitute an offence under this Section.

[Amendment: [1973]|other=[a/131a]]

One who escapes from lawful custody in which that person is held by reason of a criminal offence is liable —

One who does any of the following is liable to seven years' imprisonment:

[Amendment: 1980-7|other=[a/132]]

One who rescues or attempts to rescue a person from lawful custody is liable —

An accessory after the fact is liable —

[Amendment: [1939]|other=[a/33]]

One who knew that another person intended to commit a felony and failed to take all reasonable measures to prevent its commission or completion is liable to two years' imprisonment.

One who is lawfully commanded by a public servant, police officer or other person to assist in preventing offences, or in the arrest of a person, or in preventing the rescue or escape of a person, and who refuses or refrains from rendering assistance to the best of that person's ability, is liable to three years' imprisonment.

One who receives, removes, withholds, conceals or otherwise deals with property, knowing that the property has been seized or taken pursuant to a court order, with intent to obstruct or frustrate the execution of the seizure or the order, is liable to three years' imprisonment.

One who wilfully breaks, removes or renders ineffective a seal affixed pursuant to an order of an official authority, court or tribunal is liable to two years' imprisonment; and if that person was entrusted with the custody of the seal — to three years' imprisonment.

One who is entrusted with the custody of a seal affixed pursuant to an order of an official authority, court or tribunal, and who negligently allows the seal to be broken, removed or rendered ineffective, is liable to six months' imprisonment.

[Amendment: 1980-7, 1988-3|other=[a/139]]

[Amendment: 1980-7|other=[f/1, f/Schedule]]

In this Division –

"criminal offence" – any one of the following:

"adjudication proceeding" – a proceeding intended to bring about any one of the following:

A person shall not continue to perform a role in an adjudication proceeding once a suspicion of a criminal offence has arisen in the course of the adjudication, unless notice has been given to the Attorney General or his representative.

Where notice has been given as referred to in Section 269, or where a person has been charged with an offence under this Division, and the Attorney General or his representative has decided to institute proceedings in court, the Attorney General may order the suspension of the said adjudication until the conclusion of the court proceedings.

One who contravenes any provision of this Division is liable to imprisonment of one year.

In a prosecution under this Division, it shall be a good defence for the accused if the accused proves any one of the following:

[Amendment: 5770-5|after=[C/1]]

One who assaults a police officer where the assault is connected to the lawful performance of the officer's duty, or assaults another person who is assisting a police officer while the officer is lawfully performing his duty, is liable to imprisonment of up to three years and not less than one month.

[Amendment: 5770-5|after=[C/2]]

One who assaults a police officer where the assault is connected to the lawful performance of the officer's duty and one of the following applies, is liable to imprisonment of up to five years and not less than three months:

One who commits an act with intent to obstruct a police officer while lawfully performing his duty or to thwart him therein, or to obstruct another person or prevent that person from assisting the police officer, is liable to imprisonment of up to three years and not less than two weeks.

[Amendment: 5775-2]

One who throws or shoots a stone or other object at a police officer or at a police vehicle, with the purpose of obstructing a police officer while lawfully performing his duty or thwarting him therein, is liable to imprisonment of five years.

[Amendment: 5785-2]

One who assaults a prison officer or obstructs a prison officer, in the circumstances set out in Section 273, 274, 275 or 275a, with the necessary modifications, is liable to the penalty prescribed in those sections; in this section, "prison officer" — as defined in the Prison Ordinance.

In this Division, "assault" — as its meaning in Section 378.