TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 129

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boundaries of what is not permitted are clearly set out, 30

that the individual is better able to regulate his conduct

under the new Act; and the provisions of the Act are more

11 ely to be consistent with Hong Kong's international

obligations than section 2, since they purport to regulate

the dissemination of only specified classes of government

information.

COMPATIBILITY WITH THE ICCPR AND THE BILL OF RIGHTS

12.

Article 19 of the International Covenant on Civil

and Political Rights (ICCPR) provides that the rights of an

individual to seek and impart information of all kinds may

be subject only to necessary restrictions provided by law

for the protection of national security, public order

(ordre public) public health and public morals. There has

been no determination by the United Nations Human Rights

Committee (HRC), or any similar body, as to whether section

2 of the Official Secrets Act 1911 is, in whole or part

inconsistent with Article 19. However, because section 2

of the Act imposes criminal sanctions for the unauthorised

dissemination of Government information of any kind,

without any regard to the intrinsic nature of the

information communicated, the application of the section

may, in certain circumstances, be inconsistent with our

international obligations.

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