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Safeguarding National Security Ordinance

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(2) It is a defence for a specified person charged with an offence under subsection (1) to establish that, at the time of the alleged offence, the person did not know and had no reasonable grounds to believe that the information, document or article was or contained a specified state secret.

(3) A person is taken to have established a matter that needs to be established for a defence under subsection (2) 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.

(4) A specified person 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 specified capacity;

(b) knows that the information, document or article is or contains a state secret (other than a specified state secret); and

(c) without lawful authority, discloses the information, document or article.

(5) A specified person commits an offence and is liable on conviction on indictment to imprisonment for 10 years if the person—

(a) acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s specified capacity;