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boundaries of what is not permitted are clearly set out, 30
that the individual is better able to regulate his conduct
under the new Act; and the provisions of the Act are more
11 ely to be consistent with Hong Kong's international
obligations than section 2, since they purport to regulate
the dissemination of only specified classes of government
information.
COMPATIBILITY WITH THE ICCPR AND THE BILL OF RIGHTS
12.
Article 19 of the International Covenant on Civil
and Political Rights (ICCPR) provides that the rights of an
individual to seek and impart information of all kinds may
be subject only to necessary restrictions provided by law
for the protection of national security, public order
(ordre public) public health and public morals. There has
been no determination by the United Nations Human Rights
Committee (HRC), or any similar body, as to whether section
2 of the Official Secrets Act 1911 is, in whole or part
inconsistent with Article 19. However, because section 2
of the Act imposes criminal sanctions for the unauthorised
dissemination of Government information of any kind,
without any regard to the intrinsic nature of the
information communicated, the application of the section
may, in certain circumstances, be inconsistent with our
international obligations.
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