580756-1940-The-Official-Secrets-Act--1939 — Page 1

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THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 23, 1940.

No. 219.

COLONIAL SECRETARY'S DEPARTMENT.

With reference to Government Notification No. 119 of 1913 publishing the Official Secrets Act, 1911, and Govern- ment Notification No. 550 of 1921 publishing the Official Secrets Act, 1920, the following Act, which also applies to the Colony of Hong Kong, is published for general infor-

mation.

23rd February, 1940.

N. L. SMITH,

Colonial Secretary.

The Official Secrets Act, 1939

[2 & 3 GEO. 6, CH. 121].

An Act to amend section six of the Official Secrets Act,

1920.

[23rd November, 1939.]

Be it enacted by the King's Most Excellency Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

1. For section six of the Official Secrets Act, 1920, there shall be substituted the following section :—

"6.-(1) Where a chief officer of police is satisfied that there is reasonable ground for suspecting that an offence under section one of the principal Act has been committed and for believing that any person is able to furnish informa- tion as to the offence or suspected offence, he may apply to a Secretary of State for permission to exercise the powers con- ferred by this subsection and, if such permission is granted, he may authorize a superintendent of police, or any police officer not below the rank of inspector, to require the person believed to be able to furnish information to give any information in his power relating to the offence or suspected offence, and, if so required and on tender of his reasonable expenses, to attend at such reasonable time and place as may be specified by the superintendent or other officer; and if a person required in pursuance of such an authorization to give information, or to attend as aforesaid, fails to comply with any such requirement or knowingly gives false informa- tion, he shall be guilty of a misdemeanour.

(2) Where a chief officer of police has reasonable grounds to believe that the case is one of great emergency and that in the interest of the State immediate action is necessary, he may exercise the powers conferred by the last foregoing subsection without applying for or being granted the permission of a Secretary of State, but if he does so shall forthwith report the circumstances to the Secretary of State.

Amendment of 10 & 11 Geo. 5,

c. 75, s. 6.