(4) Where a person has in his possession or under his control any document or other article which it would be an offence under section 5 above for him to disclose without lawful authority, he is guilty of an offence if—
(a) he fails to comply with an official direction for its return or disposal; or (b) where he obtained it from a Crown servant or government contractor on terms requiring it to be held in confidence or in circumstances in which that servant or contractor could reasonably expect that it would be so held, he fails to take such care to prevent its unauthorised disclosure as a person in his position may reasonably be expected to take.
(5) Where a person has in his possession or under his control any document or other article which it would be an offence under section 6 above for him to disclose without lawful authority, he is guilty of an offence if he fails to comply with an official direction for its return or disposal.
(6) A person is guilty of an offence if he discloses any official information, document or other article which can be used for the purpose of obtaining access to any information, document or other article protected against disclosure by the foregoing provisions of this Act and the circumstances in which it is disclosed are such that it would be reasonable to expect that it might be used for that purpose without authority.
(7) For the purposes of subsection (6) above a person discloses information or a document or article which is official if—
(a) he has or has had it in his possession by virtue of his position as a Crown
servant or government contractor; or
(b) he knows or has reasonable cause to believe that a Crown servant or government contractor has or has had it in his possession by virtue of his position as such.
(8) Subsection (5) of section 5 above applies for the purposes of subsection (6) above as it applies for the purposes of that section.
(9) In this section “official direction means a direction duly given by a Crown servant or government contractor or by or on behalf of a prescribed body or a body of a prescribed class.
9. No prosecution for an offence under this Act shall be instituted except by or with the consent of the Attorney General of Hong Kong.
Prosecutions.
10.—(1) A person guilty of an offence under any provision of this Act other than Penalties. section 8(1), (4) or (5) shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding
two years or a fine not exceeding $500,000 or both;
(b) on summary conviction, to imprisonment for a term not exceeding six
months or a fine not exceeding $50,000 or both.
(2) A person guilty of an offence under section 8(1), (4) or (5) above shall be liable on summary conviction to imprisonment for a term not exceeding three months or fine not exceeding $20,000 or both.
11.-(1) Section 9(1) of the Official Secrets Act 1911 (search warrants) shall have effect as if references to offences under that Act included references to offences under any provision of this Act other than section 8(1), (4) or (5).
Arrest, search and trial.
1984 c.60.
(2) Section 8(4) of the Official Secrets Act 1920 (exclusion of public from hearing 1911 c.28. on grounds of national safety) shall have effect as if references to offences under that Act included references to offences under any provision of this Act other than section 8(1), (4) or (5).
(3) Proceedings for an offence under this Act may be taken in the High Court in the exercise of its criminal jurisdiction, in a District Court or before any magistrate.
12.-(1) In this Act “Crown servant " means-
44
1920 c.75.
*Crown servant" and
government
(a) a person holding an office of emolument, whether permanent or
temporary, under the Crown in right of the Government of Hong Kong; contractor (b) any person employed in the civil service of the Crown, in right of the United Kingdom, including Her Majesty's Diplomatic Service and Her Majesty's Overseas Civil Service;
(c) any member of the naval, military or air forces of the Crown;
1980 c.9. 1970 c.9 (N.I.).
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