TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 53

Other

interpretation provisions.

Acts done

abroad.

Repeat.

kú) any person who is at ingiber or employee at a prescribed body or a body of a presenbed class and craner is presenbed for the purposes of this paragraphi or belutigs in a preseringy class at members or employees of any such body:

(e) any person who is the hoider in a prescribed office or who is an employee of such a holder and either is presented for the purposes of this paragraph or belongs to a prescribed class of such employees.

(2) In this Act "government contractor means. subject to subsection (3) below, any person who is not a Crown servant but who provides, or is employed in the provision of, goods un surVICES

(a) fur the purposes of the Crown in right of the Government of Hong Kong, of any of the services, forces or bodies mentioned in subsection (1) above or of the holder of any office prescribed under subsection (1) above: or (b) under an agreement or arrangement certified by the Governor as being one to which the government of a territory other than Hong Kong or of a State other than the United Kingdom or an international organisation is a party of which is subordinate to, or made for the purposes of implementing, any such agreement or arrangement.

(3) Where an employee or class of employees of any body, or of any holder of an office, is prescribed by an order made for the purposes of subsection (1) above— (a) any employee of that body, or of the holder of that oflice, who is not

prescribed or is not within the prescribed class; and

(b) any person who does not provide, oi is not employed in the provision of, goods or services for the purposes of the performance of those functions of the body or the holder of the oflice in connection with which the employee or prescribed class of employees is engaged,

shall not be a government contractor for the purposes of this Act.

13.--(1) In this Act

** British national means a Briush citizen, a British Overseas citizen, a British Dependent Territories citizen, a British National (Overseas) or a British protected person:

“disclose” and “disclosure ", in relation to a document or other article, include parting with possession of it;

** Governor " means the Governor of Hong Kong, the acting Governor and any Deputy to the Governor, and includes any person authorised by the Governor to perform any of his functions under this Act;

** Hong Kong permanent resident” has the meaning assigned to that term by section 2(1) of the Immigration Ordinance(a);

** international organisation “means, subject to subsections (2) and (3) below, an organisation of which only States on States and territories are members

and includes a reference to any organ of such an organisation;

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* prescribed ” means prescribed by an order made by the Governor; “State "includes the government of a State and any organ of its government; ̈* territory ” means any territory, not being a State, outside Hong Kong.

(2) In section 12(2)(b) above the reference to an international organisation includes a reference to any such organisation whether or not one of which only States or States and territories are members and includes a commercial organisation.

(3) In determining for the purposes of subsection (1) above whether only States or States and territories are members of an organisation, any member which is itself un organisation of which only States are members, or which is an organ of such an organisation, shall be treated as a State.

14.

Any act done by a British national or Crown servant or by a Hong Kong permanent resident shall, if it would be an offence by that person under any provision of this Act other than section 8(1), (4) or (5) when done by him in Hong Kong, be an offence under that provision.

15. The enactments mentioned in the Schedule to this Act are hereby repealed in their application to Hong Kong to the extent specified in the third column of that Schedule.

(a) Laws of Hong Kong. Cap. 115,

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