Article 3.
Security and intelligence.
Defence.
SCHEDULE 2 TO THE ORDER
OFFICIAL SECRETS ACT 1989, AS EXTENDED TO HONG KONG
1.—(1) A person who is or has been-
(a) a member of the security and intelligence services; or
(b) a person notified that he is subject to the provisions of this subsection, is guilty of an offence if without lawful authority he discloses any information, document or other article relating to security or intelligence which is or has been in his possession by virtue of his position as a member of any of those services or in the course of his work while the notification is or was in force.
(2) The reference in subsection (1) above to disclosing information relating to security or intelligence includes a reference to making any statement which purports to be a disclosure of such information or is intended to be taken by those to whom it is addressed as being such a disclosure.
(3) A person who is or has been a Crown servant or government contractor is guilty of an offence if without lawful authority he makes a damaging disclosure of any information, document or other article relating to security or intelligence which is or has been in his possession by virtue of his position as such but otherwise than as mentioned in subsection (1) above.
(4) For the purposes of subsection (3) above a disclosure is damaging if—
(a) it causes damage to the work of, or of any part of, the security and
intelligence services; or
(b) it is of information or a document or other article which is such that its unauthorised disclosure would be likely to cause such damage or which falls within a class or description of information, documents or articles the unauthorised disclosure of which would be likely to have that effect.
(5) It is a defence for a person charged with an offence under this section 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 related to security or intelligence or, in the case of an offence under subsection (3), that the disclosure would be damaging within the meaning of that subsection.
(6) Notification that a person is subject to subsection (1) above shall be effected by a notice in writing served on him by the Governor; and such a notice may be served if, in the Governor's opinion, the work undertaken by the person in question is or includes work connected with the security and intelligence services and its nature is such that the interests of the security of Hong Kong or the national security of the United Kingdom require that he should be subject to the provisions of that subsection.
(7) Subject to subsection (8) below, a notification for the purposes of subsection (1) above shall be in force for the period of five years beginning with the day on which it is served but may be renewed by further notices under subsection (6) above for periods of five years at a time.
(8) A notification for the purposes of subsection (1) above may at any time be revoked by a further notice in writing served by the Governor on the person concerned; and the Governor shall serve such a further notice as soon as, in his opinion, the work undertaken by that person ceases to be such as is mentioned in subsection (6) above.
(9) In this section “security or intelligence" means the work of, or in support of, the security and intelligence services or any part of them, and references to information relating to security or intelligence include references to information held or transmitted by those services or by persons in support of, or of any part of, them.
2.-(1) A person who is or has been a Crown servant or government contractor is guilty of an offence if without lawful authority he makes a damaging disclosure of any information, document or other article relating to defence which is or has been in his possession by virtue of his position as such.
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(2) For the purposes of subsection (1) above a disclosure is damaging if-
(a) it damages the capability of, or of any part of, the armed forces of the Crown to carry out their tasks or leads to loss of life or injury to members of those forces or serious damage to the equipment or installations of those forces; or
(b) otherwise than as mentioned in paragraph (a) above, 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
(c) it is of information or of a document or article which is such that its unauthorised disclosure would be likely to have any of those effects.
(3) It is a defence for a person charged with an offence under this section 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 related to defence or that its disclosure would be damaging within the meaning of subsection (1) above.
(4) In this section "defence” means—
(a) the size, shape, organisation, logistics, order of battle, deployment, operations, state of readiness and training of the armed forces of the Crown;
(b) the weapons, stores or other equipment of those forces and the invention, development, production and operation of such equipment and research relating to it;
(c) defence policy and strategy and military planning and intelligence;
(d) plans and measures for the maintenance of essential supplies and services
that are or would be needed in time of war.
relations.
3.—(1) A person who is or has been a Crown servant or government contractor International is guilty of an offence if without lawful authority he makes a damaging disclosure of-
(a) any information, document or other article relating to international
relations; or
(b) any confidential information, document or other article which was obtained from a territory other than Hong Kong or a State other than the United Kingdom or an international organisation,
being information or a document or article which is or has been in his possession by virtue of his position as a Crown servant or government contractor.
(2) For the purposes of subsection (1) above a disclosure is damaging if—
(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 (b) it is of information or of a document or article which is such that its unauthorised disclosure would be likely to have any of those effects.
(3) In the case of information or a document or article within subsection (1)(b) above-
(a) the fact that is is confidential, or
(b) its nature or contents,
may be sufficient to establish for the purposes of subsection (2)(b) above that the information, document or article is such that its unauthorised disclosure would be likely to have any of the effects there mentioned.
(4) It is a defence for a person charged with an offence under this section 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 such as is mentioned in subsection (1) above or that its disclosure would be damaging within the meaning of that subsection.
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