Safeguarding National Security Ordinance
Part 4—Division 1
Ord. No. 6 of 2024
Section 34
A539
- (b) since the commencement time and until the happening of the event mentioned in paragraph (a)(i) or (ii), the person has taken all reasonable steps to ensure that the information, document or article is not disclosed.
(5) A person is taken to have established a matter that needs to be established for a defence under subsection (4) 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.
(6) In this section—
information (資料)—
- (a) includes information stored by electronic means; but
- (b) does not include message or intelligence that is not stored on any medium.
34. Unlawful possession of state secrets when leaving HKSAR
(1) A person who is (or was) a public officer commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person—
- (a) acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s capacity as a public officer;
- (b) knows that the information, document or article is or contains a state secret; and
- (c) with intent to endanger national security or being reckless as to whether national security would be endangered, and without lawful authority, possesses the information, document or article when leaving the HKSAR.
