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Safeguarding National Security Ordinance

Part 4—Division 1
Ord. No. 6 of 2024
Section 31
A533

(a) the seriousness of the matter mentioned in paragraph (a)(i) or (ii) of that definition;
(b) whether there is any reasonably practicable step in place of the disclosure, and if so, whether the person has taken those steps before making the disclosure;
(c) whether the person has reasonable grounds to believe that the disclosure is in the public interest;
(d) the public interest served by the disclosure;
(e) the extent of the damage or risk of damage brought about by the disclosure; and
(f) whether the disclosure is made under an emergency.

31. Specification of public officers

For the purposes of this Division, the Chief Executive in Council may, by order published in the Gazette, specify a class of persons as public officers if the Chief Executive in Council reasonably considers that it is necessary for safeguarding national security to specify the class of persons as public officers.

32. Unlawful acquisition of state secrets

(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 5 years if the person—

(a) knowing that any information, document or other article is or contains a state secret; or
(b) having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security,

and without lawful authority, acquires the information, document or article.