TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 238

i

104

Official Secrets Act 1989-

b) * any matter relating to the relating between the United Kujdom & Hong Kong

or the external

relations of HongKong.

Crime and

special investigation powers.

(5) In this section "international relations" means the relations between States, between international organisations or beygen one or

more States and one or more such organisations and includes any matter

relating to a state other than the United Kingdom or to an infernational organisation which is capable of affecting the relations of the United

Kingdom with another State or with an international organisation

(6) For the of this section any information, document or

Detritory urposes while the terms on which it was obtained require it to be held in confidence

article obtained from a State or organisation is confidential at any time

territ while the circumstances in which it was obtained make it reasonable

for the State or organisation to expect that it would be so held.

A

4.—(1) A person who is or has been a Crown servant or government contractor is guilty of an offence if without lawful authority he discloses any information, document or other article to which this section applies and which is or has been in his possession by virtue of his position as such.

(2) This section applies to any information, document or other article-

(a) the disclosure of which-

(i) results in the commission of an offence; or

(ii) facilitates an escape from legal custody or the doing of any other act prejudicial to the safekeeping of persons in legal custody; or

(iii) impedes the prevention or detection of offences or the apprehension or prosecution of suspected offenders; or

(b) which is such that its unauthorised disclosure would be likely to

have any of those effects.

(3) This section also (3) This section also applies to—

action laker

to avoy informaten (a) any information obtained by reason of the interception of any

appolies obformed by reason of actin taken under in order (5 Under Section 33 of the Telecommunication Ordinance

(a), any information

relating to the obtaining of information by

peauch

of ouch action and any domment or other awhile which is or has been used helps for weinde or has been obtamød

Отра

by reason of, arry such

action,

(b)

Communication in obedience to a warrant issued under £ection 33 X the Telecommunication Ordinance (a), any information relating to the obtaining of information by reason of any such action and any document or other article. which is or has been used or held for use in, or has been obtained by reason of, any such action and

any information obtained by reason of action authorised by a

warrant issued under section of the fost (Hice Ordinewice(b),. any information relating to the obtaining of information uy reason of any such action and any document or other article which is or has been used or held for use in, or has been obtained by reason of, any such action.

(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.

(a) haws of Hongkong, Cap, 106.

b) kans Aftone Kove, তর৭ঠ।