TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 14

(3) In subsections (1) and (2) above references to a Crown

servant include any person, not being a Crown servant or government contractor, in whose case a notification for the purposes of section

1 (1) above 1 S in force.

(4) Where a person has in his possession or under his control any document or other article which it would be an offence under section 5 above for him to disclose without awful authority, he is

guilty of an offence if -

(a)

(b)

he fails to comply with an official directior for its

return or disposal; or

where he obtained it from a Crown servant or

government contractor on terms requiring it to be

held in confidence or in circumstances in which that

servant or contractor could reasonably expect. that it

would be so held, he fails to take such care to

prevent its unauthorised disclosure as

a person in

his position may reasonably be expected to tuke.

(5) Where a person has in his possession or under his control

any document or other article which it would be an offence under

section 6 above for him to disclose without lawful authority, he is

guilty of an offence if he fails to comply with an official

direction for its return or disposal.

(6) A person is guilty of an offence if he discloses any

official information, document or article which can be used for the

purpose of obtaining access to any information, document or article protected against disclosure by the foregoing provisions of this Act

and the circumstances in which it is disclosed are such that it

would be reasonable to expect that it might be used for that purpose

without authority.