TNAG-2444-FCO40-3551-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 19

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

Provision

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

SCHEDULE 1 TO THE ORDER

Exceptions, Adaptations and Modifications

Article 2

In subsection (6) replace the words a Minister of the Crown" by the words the Governor" and the word “Minister's" by “Governor's "; and replace the words" the interests of national security" by the words" the interests of the security of Hong Kong or the national security of the United Kingdom ”.

In subsection (8) replace the words “the Minister" in both places where they occur by the words the Governor".

In subsection (2) paragraph (b) replace the words “it endangers the interests of the United Kingdom abroad, seriously obstructs the promotion or protection by the United Kingdom of those interests or endangers the safety of British citizens abroad;" by the words "it endangers the interests of Hong Kong or of the United Kingdom abroad, seriously obstructs the promotion or protection by Hong Kong or the United Kingdom of those interests or endangers the safety of British nationals or Hong Kong permanent residents abroad;".

In subsection (1) paragraph (b) replace the words a State other than the United Kingdom" by the words a territory other than Hong Kong of a State other than the United Kingdom".

Replace subsection (2) paragraph (a) by a new paragraph (a) which reads: **(a) it endangers the interests of Hong Kong or of the United Kingdom abroad, seriously obstructs the promotion or protection by Hong Kong or the United Kingdom of those interests or endangers the safety of British nationals or Hong Kong permanent residents abroad; or ".

Replace subsection (5) by a new subsection (5) which reads:

"In this section "international relations" means the relations between States, between international organisations or between one or more States and one or more such organisations and includes—

(a) any matter relating to a State other than the United Kingdom or to an international organisation which is capable of affecting the relations of the United Kingdom with another State or with an international organisation; (b) any matter relating to the relations between the United Kingdom and Hong Kong or the external relations of Hong Kong."

In subsection (6) replace the words "State or organisation” in both places where they occur by “territory, State or organisation”.

Delete subsection (3) and its side notes and replace it by a new subsection (3) which reads:

“(3) This section also applies to any information obtained by reason of action taken under an order issued under section 33 of the Telecommunications Ordinance(a), or under a warrant issued under section 13(1) of the Post Office Ordinance(b), any information relating to the obtaining of information by reason of 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.'

""

In subsection (4) replace the words "by a British citizen or took place in the United Kingdom, in any of the Channel Islands or in the Isle of Man or a colony." by the words "by a British national or Hong Kong permanent resident or took place in Hong Kong.".

In subsection (1), paragraph (a), subparagraph (ii) replace the words "on behalf of the United Kingdom to another State" by the words “

on behalf of the Government of Hong Kong or by or on behalf of the United Kingdom to another territory or State".

In subsection (1)(a) replace the words "that State or organisation" by the words "that territory, State or organisation".

In subsection (3) replace the words "State or organisation" by the words “territory, State or organisation".

Replace the word “other” in the side notes by "territories,”.

(a) Laws of Hong Kong, Cap. 106. (b) Laws of Hong Kong, Cap. 98.

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