TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 217

(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.

(2) 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 to 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 damaging shall be determined for the purposes of this subsection as it would be in relation to a disclosure of that information, document or article by a Crown servant in contravention of section 1(3), 2(1) or 3(1) above.

(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

(b) as mentioned in subsection (1)(a)(iii) above,

unless that disclosure was by a British national or Hong Kong permanent resident or took place in Hong Kong.

(5) For the purposes of this section information or a document or article is protected against disclosure by the foregoing provisions of this Act if-

(a) it relates to security or intelligence, defence or international relations within the meaning of section 1, 2 or 3 above or is such as is mentioned in section 3(1)(b) above; or

(b) it is information or a document or article to which section 4 above

applies;

and information or a document or article is protected against disclosure by sections 1 to 3 above if it falls within paragraph (a) above.

(6) A person is guilty of an offence if without lawful authority he discloses any information, document or other article which he knows, or has reasonable cause to believe, to have come into his possession as a result of a contravention of section I of the Official Secrets Act 1911.

1911 c.28.

6.-(1) This section applies where—

(a) any information, document or other article which—

Information entrusted in

confidence to

international organisations.

(i) relates to security or intelligence, defence or international relations; other States or

and

(ii) has been communicated in confidence by or on behalf of the Government of Hong Kong or by or on behalf of the United Kingdom to another territory or State or to an international organisation,

has come into a person's possession as a result of having been disclosed (whether to him or another) without the authority of that territory, State or organisation or, in the case of an organisation, of a member of it; and (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 the foregoing provisions of this Act.

(2) Subject to subsection (3) below, the person into whose possession the information, document or article has come is guilty of an offence if he makes a damaging disclosure of it knowing, or having reasonable cause to believe, that it is such as is mentioned in subsection (1) above, that it has come into his possession as there mentioned and that its disclosure would be damaging.

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