TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 9

(iii)

disclosure (whether to him or another)

without lawful authority by a person to

whom it was entrusted as mentioned in

sub-paragraph (ii) above; and

(2)

(b)

the disclosure without lawful authority of the

information, document or article by the person into

whose possession it has come is not an offence under

any of those provisions.

Subject to subsections (3) and (4) below, the person into

whose possession the information, document or article has come is

guilty of an offence if he discloses it without lawful authority

knowing, or having reasonable cause to believe, that it is protected

against disclosure by the foregoing provisions of this Act and that

it has come into his possession as mentioned in subsection (1) above.

(3) In the case of information or a document or article

protected against disclosure by sections 1:0 3 above, a person does

not commit an offence under subsection (2) above unless -

(a) the disclosure by him is damaging; and

(b)

he makes it knowing, or having reasonable cause to

believe, that it would be damaging,

and the question whether a disclosure is da naging shall be

determined for the purposes of this subsection as it would be in

polition.co...digclosure.of.that information dogunean ac vrbjaka.by.

OC

(4) A person does not commit an offence under subsection (2)

above in respect of information or a document or other article which

has come into his possession as a result of having been disclosed

(a) as mentioned in subsection (1) (a) (i) above by a

-

government contractor: or