TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 8

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(4) It is a defence for a person charged with an offence under

this section in respect of a disclosure falling within subsection

(2) (a) above to prove that at the time of the alleged offence he did

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

disclosure would have any of the effects there mentioned.

(5) It is a defence for a person charged with an offence under

this section in respect of any other disclosure to prove that at the

time of the alleged offence he did not know, and had no reasonable

cause to believe, that the information, document or article in

question was information or a document or article to which this

section applies.

(6) In this section "legal custody" includes detention in

pursuance of any enactment or any instrument made under an enactment.

5.

Information resulting from unauthorised disclosures or entrusted in confidence

(1)

Subsection (2) below applies where

(a) any information, document or other article protected

against disclosure by the foregoing provisions of

this Act has come into a person's possession as a

result of having been -

(i)

disclosed (whether to him or another) by a

Crown servant or government contractor

without lawful authority: or

(ii) entrusted to him by a Crown servant or

government contractor on terms requiring it

to be held in confidence or in

circumstances in which the Crown servant or

government contractor could reasonably

expect that it would be so held; or

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