XN000022-1992-06-09 — Page 2

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TUESDAY, JUNE 9, 1992

LIBERALISATION OF OFFICIAL SECRETS ACT

EXISTING LEGISLATION GOVERNING THE DISCLOSURE OF OFFICIAL INFORMATION WILL BE LIBERALISED WITH EFFECT FROM JUNE 30 THIS YEAR FOLLOWING THE EXTENSION OF THE OFFICIAL SECRETS ACT 1989 TO HONG KONG BY ORDER OF THE PRIVY COUNCIL.

THE EFFECT OF THE ORDER IS THAT IT REPEALS SECTION 2 OF THE UK ACT OF 1911 WHICH COVERED ALL OFFICIAL INFORMATION AND PROVIDED FOR PENALTIES FOR THE MERE RECEIPT AND RETENTION OF INFORMATION, HOWEVER RECEIVED, BY ANY PERSON.

THE NEW LEGISLATION REMOVES FROM CRIMINAL SANCTION THE UNAUTHORISED DISCLOSURE OF THE GREAT MAJORITY OF OFFICIAL INFORMATION, INCLUDING DISCLOSURES WHICH MIGHT INCONVENIENCE THE GOVERNMENT.

EMBARRASS OR

A GOVERNMENT SPOKESMAN SAID THE NEW ACT RESTRICTED CRIMINAL SANCTIONS ONLY TO THE FOLLOWING AREAS:

SECURITY AND INTELLIGENCE;

DEFENCE;

INTERNATIONAL RELATIONS;

INFORMATION

OBTAINED IN CONFIDENCE FROM OTHER STATES

OR FROM INTERNATIONAL ORGANISATIONS;

INFORMATION LIKELY TO RESULT IN AN OFFENCE OR OTHER RELATED CONSEQUENCES;

SPECIAL INVESTIGATIONS UNDER STATUTORY WARRANT.

THE SPOKESMAN SAID THE NEW LEGISLATION FOCUSED NOT ON THE ACT OF DISCLOSURE ALONE BUT ON THE NATURE OF THE INFORMATION DISCLOSED AND THE DAMAGE ARISING FROM THAT DISCLOSURE.

IN ADDITION TO REDUCING THE SCOPE OF EXISTING LEGISLATION, THE 1989 ACT SETS OUT PRECISELY THE TYPES OF INFORMATION 'THAT CANNOT BE DISCLOSED WITHOUT AUTHORISATION, THE PERSONS TO WHOM THESE RESTRICTIONS APPLY AND THE CIRCUMSTANCES IN WHICH THEY APPLY.

HE ADDED THAT THE ACT PROVIDED FOR DAMAGE TESTS AND IT WOULD BE FOR A COURT ALONE TO DETERMINE WHETHER AN OFFENCE HAD BEEN COMMITTED.

THE PROSECUTION WOULD HAVE TO SATISFY SPECIFIC TESTS OF DAMAGE FOR CASES INVOLVING UNAUTHORISED DISCLOSURE BY MOST PEOPLE.

/THESE TESTS