Safeguarding National Security Ordinance
(2) It is a defence for a person charged with an offence under subsection (1)(a) to prove that the purpose of acquiring the information, document or article is to make a specified disclosure of the information, document or article.
(3) A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person, knowing that any information, document or other article is or contains a state secret, and—
- (a) with intent to endanger national security; or
- (b) being reckless as to whether national security would be endangered,
and without lawful authority, acquires the information, document or article.
(4) In this section, a reference to a person acquiring any information, document or other article—
- (a) includes the person asking for, collecting, recording or copying the information, document or article; but
- (b) does not include—
- (i) the information, document or article coming into the person’s physical possession without the person’s knowledge; or
- (ii) the information, document or article coming into the person’s possession or knowledge without the person taking any step.
33. Unlawful possession of state secrets
(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 3 years if the person—
- (a) knowing that any information, document or other article is or contains a state secret; or
