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Wrongful communica-
THE HONGKONG GOVERNMENT GAZETTE, APRIL 18, 1913.
(2.) On a prosecution under this section, it shall not be necessary to show that the accused person was guilty of any particular act tending to slow a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case, or his conduct, or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place within the meaning of this Act, or anything in such a place, is made, obtained, or communicated by any person other than a person acting under lawful authority, it shall be deemed to have been made, obtaine l, or communicated for a purpose prejudicial to the safety or interests of the State unless the contrary is proved.
2.-(1.) If any person having in his possession or control any sketch, plan, tion, model, article, note, document, or information which relates to or is used in a information. prohibited place or anything in such a place, or which has been made or obtained in contravention of this Act, or which has been entrusted in confidence to him by any person holding office under His Majesty or which he has obtained owing to his position as a person who holds or has held office under His Majesty, or as a person who holds or has held a contract made on behalf of His Majesty, or as a person who is or has been employed under a person who holds or has held such an office or contract,-
Definition of prohibited place.
(a.) communicates the sketch, plan, model, article, note, document, or information to any person, o her than a person to whom he is authorised to communicate it, or a person to whom it is in the interest of the State his duty to communicate it, or
(b.) retains the sketch, plan, model, article, note, or document in his possession or control when he has no right to retain it or when it is contrary to his duty to retain it
that person shall be guilty of a misdemeanour.
(2.) If any person receives any sketch, plan, model, article, note, document, or information, knowing, or having reasonable ground to believe, at the time when he receives it, that the sketch, plan, model, article, note, document, or information is communicated to him in contravention of this Act, he shall be guilty of a misdemeanour, unless he proves that the communication to him of the sketch, plan, model, article, note, document, or, information was contrary to his desire.
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(3.) A person guilty of a misdemeanour under this section shall be liable to imprisonment with or without hard labour for a term not exceeding two years, or to a fine, or to both imprisonment and a fine.
3. For the purposes of this Act, the expression "prohibited place" means-
(a.) any work of defence, arsenal, factory, dockyard, camp, ship, telegraph or signal station, or office belonging to His Majesty, and any other place belonging to His Majesty used for the purpose of building, repairing, making, or storing any ship, arms, or other materials or instruments of use in time of war, or any plans or documents relating thereto; and
(b.) any place not belonging to His Majesty where any ship, arms, or other materials or instruments of use in time of war, or any plans or documents elating thereto, are being made, repaired, or store under contract with, or with any person on behalf of, His Majesty, or otherwise on behalf of His Majesty; and
(c.) any place belonging to His Majesty which is for the time being declared by a Secretary of State to be a prohibited place for the purposes of this section on the ground that information with respect thereto, or damage thereto, would be useful to an enemy; and
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