TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 12

tms requiring it to be held in confidence or in circumstances in which the person communicating it could reasonably expect that it

would be so held.

Authorised disclosures

7.

(1)

For the purposes of this Act a disclosure by

(a) a Crown servant; or

(b)

a person, not being a Crown servant or government contractor, in whose casa a notification for the

purposes of section 1(1) above is in force,

is made with lawful authority if, and only it, it is made in

accordance with his official duty.

(2) For the purposes of this Act a disclosure by a government

contractor is made with lawful authority if, and only if, i is

made

(3)

(a)

(b)

in accordance with an official authorisation: or

for the purposes of the functions by virtue of which he is a government contractor and without

contravening an official restriction.

For the purposes of this Act a disclosure made by any

other person is made with lawful authority if, and only if, it is

made

(a) to a Crown servant for the purposes of his functions

as such; or

(b)

in accordance with an official authorisation.

(4) It is a defence for a person charged with an offence under

any of the foregoing provisions of this Act to prove that at the

time of the alleged offence he believed tha: he had lawful authority

to make the disclosure in question and had no reasonable cause

believe otherwise.

to