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Safeguarding National Security Ordinance

Part 4—Division 2
Ord. No. 6 of 2024
Section 47
A581

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

(a) the person, being reckless as to whether national security would be endangered, does an act (relevant act);
(b) the relevant act constitutes a prohibited act done in relation to an external intelligence organization; and
(c) the person is reckless as to whether the relevant act would constitute the prohibited act.

(3) The Chief Executive may issue a certifying document to certify whether an organization is an external intelligence organization, and the document is binding on a Court.

(4) In this section—

advantage (利益) means—

(a) any gift, loan, fee, reward or commission consisting of money, of any valuable security or of other property or interest in property of any description;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
(e) the exercise, or forbearance from the exercise, of any right, power or duty; and