Page:Safeguarding National Security Ordinance.pdf/65

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Safeguarding National Security Ordinance

Part 4—Division 1
Ord. No. 6 of 2024
Section 35
A545

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

(6) 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, discloses the information, document or article.

(7) It is a defence for a person charged with an offence under subsection (6)(a) to prove that the disclosure of the information, document or article is a specified disclosure.

(8) 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, discloses the information, document or article.

(9) In this section, a reference to disclosing any information, document or other article does not include—