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Provision
Section 7
Section 9
Section 10
Section 11
Section 12
the side note ri
parapcaph (d)
Section 13
Exceptions, Adaptations and Modifications
In subsection (6) replace the words “on behalf of the State or organisation bywith the words
on behalf of the territory, State or organisation
concerned".
Replace
body
Delete section 9 and-replace-it-with a new section 9 which reads:
**9. No prosecution for an offence under this Act shall be instituted except by or with the consent of the Attorney General of Hong Kong.".
In subsection (1) paragraph (a) add "not exceeding $500,000" after the word "fine" and before the words "or both ".
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In subsection (1) paragraph (b) delete the words “the statutory maximum" and replace them with $50,000".
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In subsection (2) delete the words "level 5 on the standard scale” and -replace them with ** $20,000 **.
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Delete subsections (1) and (2) and the side notes to those subsections and renumber subsections (3), (4), (5) as subsections (1), (2), (3) respectively.
new
a) Replace renumbered subsection (1) by a subsection which reads:
**(1) Section 9(1) of the Official Secrets Act 1911 (search warrants) shall have effect as if references to offences under that Act included references to offences under any provision of this Act other than section 8(1), (4) or (5).”. In new subsection (3) replace the words ‘in any place in the United Kingdom." by the words “in the High Court in the exercise of its criminal jurisdiction, in the District Court or before a magistrate.".
Replace subsection (1) paragraph (a) by new paragraph (a) which reads:
any "(a) a person holding an office of emolument, whether permanent or temporary under the Crown in right of the Government of Hong Kong".
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Delete subsection 1 paragraph (b) and paragraph (c); and reletter paragraph (c) as (b), paragraph (d) as (c), paragraph (1) as (d) and paragraph (g) as (c).
Replace relettered subsection (1) paragraph (c), with a new paragraph which reads:
"(b) any person employed in the civil service of the Crownyin right of the United Kingdom, including Her Majesty's Diplomatic Service and Her Majesty's Overseas Civil Service; ".
Replace relettered subsection (1) paragraph (c) with a new paragraph which
reads:
**(c) any member of the naval, military or air forces of the Crown; ".
In subsection (2) paragraph (a) replace the words “any Minister or person mentioned in paragraph (a) or (b) of subsection (1) above” by the words "the Crown in right of the Government of Hong Kong” and replace the
words" that subsection "fin both places where they occur by the words "in
subsection (1) above".
In subsection (2) paragraph (b) replace the words "certified by the Secretary of State as being one to which the government of a State other than the United Kingdom" by the words “certified by the Governor as being one to which the Government of a territory other than Hong Kong or a State other than the United Kingdom”.
In subsection (1), before the definitions of “ disclose ” and “ disclosure "add a new definition which reads:
· British national” means a British Citizen, a British Overseas Citizen, a British Dependent Territories Citizen, a British National (Overseas) or a British protected person;
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11
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Whether such office
be permoment or temporary"
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