TNAG-2444-FCO40-3551-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 20

Provision

Section 7

Section 9

Section 10

Section 11

Section 12

Section 13

Exceptions, Adaptations and Modifications

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

Replace section 9 by 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) replace the words "the statutory maximum” by “$50,000”.

In subsection (2) replace the words "level 5 on the standard scale" by

$20,000".

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Delete subsections (1) and (2) and the side notes to those subsections and renumber subsections (3), (4), (5) as subsections (1), (2), (3) respectively.

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

“(1) Section 9(1) of the Official Secrets Act 1911 (search warrants) shall 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 new subsection (3) replace the words “in 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 before a magistrate.”.

Replace subsection (1) paragraph (a) by a new paragraph (a) which reads: “(a) any person holding an office of emolument under the Crown in right of the Government of Hong Kong, whether such office be permanent or temporary; ".

Delete subsection 1 paragraph (b), the side note to paragraph (d) and paragraph (e) and its side note; and reletter paragraph (c) as (b), paragraph (d) as (c), paragraph (f) as (d) and paragraph (g) as (e).

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

‘(b) any 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; ".

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

"(c) 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" and replace the words" that subsection " (in both places where they occur) by the words "in subsection (1) above".

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 a new definition which reads:

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

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