Page:Safeguarding National Security Ordinance.pdf/67

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Safeguarding National Security Ordinance

Part 4—Division 1
Ord. No. 6 of 2024
Section 37
A549

(a) a specified person, with intent to endanger national security, and without lawful authority—
(i) discloses any information, document or other article; and
(ii) in making the disclosure, represents or holds out that the information, document or article is (or was) acquired or possessed by the person by virtue of the person’s specified capacity; and
(b) the information, document or article would be (or likely to be) a confidential matter if it were true,

the person commits an offence regardless of whether the information, document or article is true or not, and is liable on conviction on indictment to imprisonment for 5 years.

(2) If—

(a) a specified person colludes with an external force, with intent to endanger national security, and without lawful authority—
(i) discloses any information, document or other article; and
(ii) in making the disclosure, represents or holds out that the information, document or article is (or was) acquired or possessed by the person by virtue of the person’s specified capacity; and
(b) the information, document or article would be (or likely to be) a confidential matter if it were true,

the person commits an offence regardless of whether the information, document or article is true or not, and is liable on conviction on indictment to imprisonment for 7 years.