TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 51

*FCO L'

THU 28 MAY 92 03:04

PG.15

Authoriscu

disclosures

Saleguarding of milormation,

(3) A person does not commit an offence under subsection (2) above: if the information, document or article is disclosed by tum with lawful authority ur has previously been made available to the public with the authority of the territory. State on orgamsation concerned or, in the case of an orgamsation, of a member of it.

(4) For the purposes ol' this section "security or intelligence ", "defence" and "international relations" have the same meaning as in sections 1, 2 and 3 above and the question whether a disclosure is damaging shall be determined as it would be in relation to a disclosure of the information, document or article in question by a Crown servant in contravention of section 1(3), 2(1) and 3(1) above.

(5) For the purposes of this section information or a document or article is communicated in confidence if it is communicated on terms requiring it to be held in confidence or in circumstances in which the person communicating it could reasonably expect that it would be so held.

7.—(1) For the purposes of this Act a disclosure by.

(a) a Crown servant; or

(b) a person, not being a Crown servant or government contractor, in whose case a notification for the purposes of section I(1) above is in force,

is made with lawful authority if, and only if, it is made in accordance with his official duty.

(2) For the purposes of this Act a disclosure by a government contractor is made with lawful authority if, and only if, it is made --

(u) in accordance with an official authorisation; or

(b) for the purposes of the functions by virtue of which he is a government

contractor and without contravening an official restriction.

(3) For the purposes of this Act a disclosure made by any other person is made with lawful authority if, and only if, it is made

(u) to a Crown servant for the purposes of his functions as such; or (b) in accordance with an ollicial authorisation.

(4) It is a defence for a person charged with an offence under any of the loregoing provisions of this Act to prove that at the time of the alleged offence he believed that he had lawful authorny to make the disclosure in question and had no reasonable cause to believe otherwise.

mean,

(5) In this section "official authorisation and “ollicial restriction' subject to subsection (6) below, an authorisation or restriction duly given or imposed by a Crown servant or government contractor or by or on behalf of a prescribed body or a body of a prescribed class.

··

includes an (6) In relation to section 6 above "oficial authorisation' authorisation duly given by or on behalf of the territory, State or organisation concerned or, in the case of an organisation, a member of it.

8.—(1) Where a Crown servant or government contractor, by virtue of his position as such, has in his possession or under his control any document or other article which it would be an offence under any of the foregoing provisions of this Act for him to disclose without lawful authority he is guilty of an offence il

(a) being a Crown servant, he retains the document'or article contrary to his

official duty; or

(b) being a government contractor, he fails to comply with an official

direction for the return or disposal of the document or article,

or if he fails to take such care to prevent the unauthorised disclosure of the document or article as a person in his position may reasonably be expected to take.

(2). It is a defence for a Crown servant charged with an offence under subsection (1)(a) above to prove that at the time of the alleged offence he believed that he was acting in accordance with his official duty and had no reasonable cause to believe otherwise.

(3) In subsections (1) and (2) above references to a Crown servant include any person, not being a Crown servant or government contractor, in whose case a notification for the purposes of section 1(1) „bove is in force.

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