TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 7

in

quire it to be held in confidence or while the circumstances

which it was obtained make it reasonable tor the territory, State or

organisation to expect that it would be so held.

4.

Crime and special investigation powers

(1) A person who is or has been a Crown servant or government

contractor is guilty of an offence if without lawful author ty he

discloses any information, document or other article to which this

section applies and which is or has been in his possession by virtue

of his position as such.

(2) This section applies to any information, document or other

article

(a) the disclosure of which -

(i)

results in the commission of an offence; or

facilitates an escape from legal custody or

(ii)

(iii)

the doing of any other act prejudicial to

the safekeeping of persons in legal

custody; or

impedes the prevention or detection of

offences or the apprehension or prosecution

of suspected offencers; or

(b)

which is such that its unauthorised disclosure would

(3)

be likely to have any of those effects.

1

This section also applies to any nformation obtained by

reason of the interception of any message in obedience to an order

issued under section 33 of the Telecommunication Ordinance.

(Cap. 105 of the Laws of Hong Kong), any information relating to the

obtaining of information by reason of any such interception and any

document or other article which is or has been used or held for use

or has been obtained by reason of, any such interception.

in.