(7)
above a person
For the purposes of subsection (6)
discloses information or a document or article which is official
(a)
he has or has had it in his possession by virtue of
his position as a Crown servant or government
contractor; or
(b) he knows or has reasonable cause to believe that a
Crown servant or government contractor has or has had
it in his possession by virtue of his position as
such.
(8) Subsection (5) of section 5 above applies for the purposes
of subsection (6) above as it applies for the purposes of that
section.
(9) In this section "official direction" means a direction
duly given by a Crown servant or government contractor or by or on
behalf of a prescribed body or a body of a prescribed class.
9.
Prosecutions
No prosecution for an offence under this Act shall be
instituted except by or with the consent of the Attorney General for
Hong Kong.
10.
Penalties
(1) A person guilty of an offence under any provision of this
Act other than section 8(1), (4) or (5) shall be liable
(a)
(b)
on conviction on indictment, to imprisonment for a
term not exceeding two years or a fine not exceeding
$500,000 or both;
on summary conviction, to imprisonment for a
exceeding six months or a fine not exceeding $50,000
or both.
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