TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 11

by or on behalf of the United Kingdon to

another territory of State or to an

international organisation,

has come into a person's possession as

a rosi

of

having been disclosed (whether to him or another) without the authority of that territory, State or

organisation or, in the case of an organisation, of a

member of it; and

(2) Subject to subsection (3) below, the person into whose possession the information, document or article has come is guilty of an offence if he makes a damaging disclosure of it knowing, or having reasonable cause to believe, that it is such as is mentioned in subsection (1) above, that it has come inco his possession as

there mentioned and that its disclosure would be damaging.

(3) A person does not commit an cffence under subsect .on (2)

above if the information, document or article is disclosed by him with lawful authority or has previously been made available to the public with the authority of the territory, State or organisation concerned or, in the case of an organisatior, of a member of it.

(4) For the purposes of this section "security or

intelligence", "defence" and "international relations" have the same

meaning as in sections 1, 2 and 3 above and the question whether a

disclosure is damaging shall be determined as it would be in

relation to a disclosure of the information, document or article in

question by a Crown servant in contravention of section 1(3), 2(1)

and 3(1) above.

(5)

For the purposes of this section .nformation or

or article is communicated

a document

in confidence if it is communicated on