TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 2

ais possession by virtue of his position is much but otheri te than

1:3 mentioned in subsection (1) above.

(4) For the purposes of subsection (3) above a disclosure is

damaging if -

(a)

it causes damage to the work of, or of any part of,

the security and intelligence services;

(5)

(b)

1

it is of information or a document or other article

which is such that its unauthorised disclosure would

be likely to cause such damage or which falls within

a class or description of information, documents or

articles the unauthorised disclosure of which would

be likely to have that effect:.

It is a defence for a person charged with an offence under

this section to prove that at the time of the alleged offerce he did

not know, and had no reasonable cause to believe, that the

information, document or article in question related to security or

intelligence or, in the case of an offence under subsection (3),

that the disclosure would be damaging within the meaning of that

subsection.

(6)

Notification that a person is subject to subsection (1)

above shall be effected by a notice in writing served on him by the

Governor and such a notice may be served if, in the Governor's

opinion, the work undertaken by the person in question is or

includes work connected with the security and intelligence servic

and its nature is such that the interests of the security of Hong

Kong of the national security of the United Kingdom require that he

should be subject to the provisions of that subsection.