Safeguarding National Security Ordinance
(5) Where a person possesses or controls any information, document or other article that it would be an offence under section 35 or 36 for the person to disclose without lawful authority, the person commits an offence if—
- (a) the person fails to comply with an official direction for the return or disposal of the information, document or article; or
- (b) the person—
- (i) obtained the information, document or article from a specified person on terms requiring the information, document or article to be held in confidence; or
- (ii) obtained the information, document or article from a specified person in circumstances in which the specified person could reasonably expect that the information, document or article would be held in confidence,
and the person fails to take such care to prevent the unauthorized disclosure of the information, document or article as a person in the person’s position may reasonably be expected to take.
(6) A person who commits an offence under subsection (2) or (5) is liable on conviction on indictment to a fine at level 4 and to imprisonment for 3 months.
(7) A person commits an offence if the person discloses any official information, document or other article that can be used for the purpose of obtaining access to any information, document or other article protected against disclosure by section 35 or 36 and the circumstances in which it is disclosed are such that it would be reasonable to expect that the official information, document or article might be used for that purpose without authority.
