Safeguarding National Security Ordinance
Part 4—Division 1
Ord. No. 6 of 2024
Section 39
A555
- (a) a specified person possesses or controls any information, document or other article (relevant information, document or article) by virtue of the person’s capacity as a specified person; and
- (b) the specified person would commit an offence under section 35 or 36 if the person discloses, without lawful authority, the relevant information, document or article.
(2) The specified person commits an offence if—
- (a) being a public officer—the specified person retains the relevant information, document or article contrary to the person’s official duty; or
- (b) being a government contractor—the specified person fails to comply with an official direction for the return or disposal of the relevant information, document or article,
or if the specified person fails to take such care to prevent the unauthorized disclosure of the relevant information, document or article as a person in the specified person’s position may reasonably be expected to take.
(3) It is a defence for a public officer charged with an offence under subsection (2)(a) to establish that, at the time of the alleged offence, the officer believed that the officer was acting in accordance with the officer’s official duty and had no reasonable grounds to believe otherwise.
(4) A person is taken to have established a matter that needs to be established for a defence under subsection (3) if—
- (a) there is sufficient evidence to raise an issue with respect to that matter; and
- (b) the contrary is not proved by the prosecution beyond reasonable doubt.
