### Official Secrets Ordinance 《官方機密條例》

23. Acts done abroad
(1) Any act done by a person mentioned in subsection (2) outside Hong Kong shall, if it would be an offence by that person under any provision of this Part other than section 22(1), (4) or (5) when done by him in Hong Kong, be an offence under that provision. (Amended 6 of 2024 s. 174)
(2) The person is—
(a) a HKSAR resident;
(b) a body corporate that is incorporated, formed or registered in Hong Kong;
(c) a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong; or
(d) a public servant. (Added 6 of 2024 s. 174)
[cf. 1989 c. 6 s. 14 U.K.]

24. Provisions as to trial of offences
(1) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)
(2) In addition and without prejudice to any powers that a court may possess to order the exclusion of the public from any proceedings, if, in the course of proceedings before a court against any person for an offence under this Part, other than an offence under section 22(1), (4) or (5), or the proceedings on appeal, or in the course of the trial of a person for an offence under this Part, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the proceedings would be prejudicial to the safety of Hong Kong, that all or any portion of the public shall be excluded during any part of the hearing, the court may make an order to that effect, but the passing of sentence shall in any case take place in public. (Amended 6 of 2024 s. 175)
[cf. 1989 c. 6 ss. 9 & 11(2) U.K.]

### Official Secrets Ordinance 《官方機密條例》

25. Penalties
(1) A person who commits an offence under any provision of this Part other than section 22(1), (4) or (5) shall be liable—
(a) on conviction on indictment to a fine of $500,000 and to imprisonment for 2 years;
(b) on summary conviction to a fine at level 5 and to imprisonment for 6 months.
(2) A person who commits an offence under section 22(1), (4) or (5) shall be liable on summary conviction to a fine at level 4 and to imprisonment for 3 months.
[cf. 1989 c. 6 s. 10 U.K.]

26. Search warrants
If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Part, other than under section 22(1), (4) or (5), has been or is about to be committed, he may grant a search warrant authorizing any police officer to—
(a) enter at any time any premises or place named in the warrant, if necessary by force;
(b) search the premises or place and every person found therein;
(c) seize any sketch, plan, model, article, note, document or anything of a like nature or anything that is evidence of an offence under this Part having been or being about to be committed, that he may find on the premises or place or on any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this Part has been or is about to be committed.
[cf. 1989 c. 6 s. 11(1) U.K.]

27. Repeal of Official Secrets Acts etc.
(Amended E.R. 6 of 2020)(1) The provisions of the Official Secrets Acts as applied in or extended to Hong Kong immediately before the commencement* of this section are hereby repealed so far as they are inconsistent with the provisions of this Ordinance.
(2) The Official Secrets Act 1989 (Hong Kong) Order 1992 (S.I. 1992 No. 1301) is repealed.
(3) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap. 1) apply in relation to the repeal of a provision of a United Kingdom enactment effected by subsection (1) or (2) as they apply in relation to the repeal of a provision of an Ordinance.
(4) In this section, Official Secrets Acts (《官方機密法令》) means the Official Secrets Acts 1911 to 1989 of the United Kingdom and any regulations or orders made thereunder.
Editorial Note:
* Commencement date: 27 June 1997.

### Discovery Bay Tunnel Link Ordinance 《愉景灣隧道及連接道路條例》

1. Short title
This Ordinance may be cited as the Discovery Bay Tunnel Link Ordinance.

### Discovery Bay Tunnel Link Ordinance 《愉景灣隧道及連接道路條例》

3. Variation of tunnel area
(1) The Director of Lands may vary the boundaries of the tunnel area where he considers such variation is necessary.
(2) Notwithstanding subsection (1), if the Company requests the Director of Lands to vary the tunnel area, the Director of Lands may vary the boundaries of the tunnel area, but with the consent of the Company, the Director of Highways, the Director of Planning and the Commissioner.
(3) Where there is any variation under subsection (1) or (2), the Director of Lands shall prepare a plan on which—
(a) the area which is to be the tunnel area for the purposes of this Ordinance is delineated and marked as “tunnel area” and “隧道區”;
(b) the location, extent and boundaries of that area are shown,
sign it, assign a number to it and certify it as having been prepared for the purposes of this Ordinance and deposit it in the Land Registry.
(4) For the avoidance of doubt it is declared that, where more than one plan has been deposited under this section, any reference to “tunnel area” in this Ordinance shall be construed as a reference to the area shown as the “tunnel area” and “隧道區” on the plan last so deposited.