Safeguarding National Security Ordinance
Part 4—Division 1
Ord. No. 6 of 2024
Section 33
A537
- (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, possesses the information, document or article.
(2) It is a defence for a person charged with an offence under subsection (1)(a) to prove that the purpose of possessing 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 5 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, possesses the information, document or article.
(4) It is a defence for a person charged with an offence under subsection (1) or (3) to establish that—
- (a) the person has taken all reasonable steps to do the following as soon as possible after the time at which the alleged offence commences (commencement time)—
- (i) surrender the information, document or article mentioned in that subsection to a police officer; or
- (ii) dispose of the information, document or article mentioned in that subsection in accordance with the direction of a police officer; and
