FCO
THU 28 MAY 92 03:01
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(2) for the purposes of subsection (1) above it disclostrte is danniging it
Ga) it damages the capability of, or of any part ot, the armed forces, of the Crown in carry out their tasks or leads to loss of hic or injury to members of those furces of serious damage to the equipment or mustallations of those forces, or
(b) otherwise than as mentioned in paragraph (a) above, it endangers the interests of Hong Kong or of the United Kingdom abroad, seriously obstructs the promotion of protection by Hùng Kông or the United Kingdom of those interests or endangers the safety of British nationals or Hong Kong permanent residents abroad; or
(c) it is of information or of a document or article which is such that its unauthorised disclosure would be likely to have any of those effects.
(3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he did not know, and had no reasonable cause to believe, that the information, document or article in question related to defence or that its disclosure would be damaging within the meaning of subsection (1) above.
(4) In tlus section " defence” means
(a) the size, shape, organisation, logistics, order of battle, deployment, operations, state of readiness and training of the armed forces of the Crown;
(b) the weapons, stores or other equipment of those forces and the invention, development. production and operation of such equipment and research relating to it;
(c) defence policy and strategy and military planning and intelligence; (d) plans and measures for the maintenance of essential supplies and services
that are or would be needed in time of war.
3.- (1) A person who is or has been a Crown servant or governnient contractor is guilty of an offence if without lawful authority he makes a damaging disclosure of-
(a) any information, document or other article relating to international
relations; or
(b) any confidential information, document or other article which was obtained from a territory other than Hong Kong or a State other than the United Kingdom or an international organisation,
being information or a document or article which is or has been in his possession by virtue of his position as a Crown servant or government contractor.
(2) For the purposes of subsection (1) above a disclosure is damaging if—
(a) it endangers the interests of Hong Kong or of the United Kingdom abroad, seriously obstructs the promotion or protection by Hong Kong or the United Kingdom of those interests or endangers the safety of British nationals or Hong Kong permanent residents abroad; or (b) it is of information or of a document or article which is such that its unauthorised disclosure would be likely to have any of those effects.
(3) In the case of information or a document or article within subsection (1)(b) above-
(a) the fact that is is confidential, or
(b) its nature vi contents,
may be sufficient to establish for the purposes of subsection (2)(b) above that the information, document or article is such that its unauthorised disclosure would be likely to have any of the effects there mentioned.
(4) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he did not know, and had no reasonable cause to believe, that the information, document or article in question was such as is mentioned in subsection (1) above or that its disclosure would be damaging within the meaning of that subsection.
International relations.
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