TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 231

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

Provision

Modification

Section 7

Section 9

Section 10

Section 11

Section 12

relettered

Section 13

STET

ce

**

..

In subsection (6) replace the words “ on behalfof the State or organisation' with the words on-behalf of the territory, State or organisation concerned ".

Section 9

Delete subsection (1) and subsection (2) and replace them with a new section 9 which reads:

"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.".

In subsection (1) paragraph (a) add “not exceeding $500,000" after the word "fine" and before the words “or both”.

In subsection (1) paragraph (b) delete the words the statutory maximum" and replace them with "$50,000 ".

In subsection (2) delete the words "level 5 on the standard scale” and replace them with "$20,000".

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and the sidenotes to those sub-sections, Delete subsections (1) and (2)and recumber subsections()() () Combsections (1), (2), () Section 9(1) of the Official Secrets Act 1911 (search warrants) shall respectively.

Replace subsection (1) by a new subsection (which reads:

A

A

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).".

in

In subsection (replace the words "any place in the United Kingdom, by the words "in the High Court in the exercise of its criminal jurisdiction, in the District Court or in g-magistrate's courtis.

Lifes in magistrate,"

Replace subsection (1) paragraph (a) by new paragraph (a) which reads:

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**(a) a person holding an office of enrolment, whether permanent or temporary, under the Crown in right of the Government of Hong Kong; ".

Delete subsection 1 paragraph

(c) as (6), paragraph 2011 (b) and parrey umph (e); and reletten porn wajas (e).

Replace subsection (1) paragraph (with a new paragraph to which reads:

"Pany 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;

relettesed

Replace subsection (1) paragraph (y with a new paragraph which reads: ̈(₫) any member of the naval, military or air forces of the Crown; ". In subsection (2) paragraph (a) replace the words "any Minister or person mentioned in paragraph (a) or (b) of subsection (1) above" by the words the Crown in right of the Government of Hong Kong" ând replace the words "that subsection "by the words “in subsection (1) above".

both plates winer they ocEND

In subsection (2) paragraph (b) replace the words "certified by the Secretary of State as being one to which the government of a State other than the United Kingdom" by the words "certified by the Governor as being one to which the Government of a territory other than Hong Kong or a State other than the United Kingdom".

In subsection (1), before the definitions of “disclose ” and “disclosure "add awwe new definitions which read.

("British national" means a British Citizen, a British Overseas Citizen, a British Dependent Territories Citizen, a British National (Overseas) or a British protected person; ">

11

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In subsection (1) after the definitions of “disclose” and “disclosure " and before the definition of “international organisation add two new definitions which read: The actmy Goremor romy Deputy to the Govenor in me

Governor " means the Governor of Hong Kong any person appointed

chuttionised by the Goyens by him to perform any of his functions under this Act

3

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