Bullying, Violence and Gangs
Blackmail
Blackmail is an offence contrary to Section 23 of the Theft Ordinance (Chapter 210). Blackmail is making any unwarranted demand with menaces. The demand must be made with a view to gain or with intent to cause loss to another person. Menaces simply mean threats. A demand with menaces is unwarranted unless the person making the demand believes he or she has reasonable grounds for making the demand and that the use of the menaces is a proper means of reinforcing the demand. Blackmail is generally used where the victim is asked to pay money, for example, for the return of photographs of engaging in illicit sexual activities. The menaces are the threat to reveal the photographs, for example, to the victim’s spouse, unless money is paid for the photographs. The nature of the act or omission demanded is however immaterial. The issue is whether there has been an unwarranted demand with menaces with a view to gain or with intent to cause loss.