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

17. Information related to commission of offences and criminal investigations
(1) A person who is or has been a public servant or government contractor commits an offence if without lawful authority he discloses any information, document or other article to which this section applies and that is or has been in his possession by virtue of his position as such.
(2) This section applies to—
(a) any information, document or other article the disclosure of which—
(i) results in the commission of an offence;
(ii) facilitates an escape from legal custody or the doing of any other act prejudicial to the safekeeping of persons in legal custody; or
(iii) impedes the prevention or detection of offences or the apprehension or prosecution of suspected offenders;
(b) any information, document or other article the nature of which is such that its unauthorized disclosure would be likely to have any of the effects mentioned in paragraph (a);
(c) any information, document or article which is interception product within the meaning of the Interception of Communications and Surveillance Ordinance (Cap. 589); or (Replaced 20 of 2006 s. 68)
(d) any information relating to the obtaining of any interception product described in paragraph (c). (Replaced 20 of 2006 s. 68)
(e) (Repealed 20 of 2006 s. 68)(3) It is a defence for a person charged with an offence under this section in respect of a disclosure falling within subsection (2)(a) to prove that, at the time of the alleged offence, he did not know and had no reasonable cause to believe that the disclosure would have any of the effects mentioned in that subsection.
(4) It is a defence for a person charged with an offence under this section in respect of any other disclosure to prove that, at the time of the alleged offence, he did not know and had no reasonable cause to believe that the information, document or article in question was information or a document or article to which this section applies.
(5) In this section, legal custody (合法羈押) includes detention in pursuance of any enactment or any instrument made under an enactment. (Amended E.R. 6 of 2020)
[cf. 1989 c. 6 s. 4 U.K.]

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

20. Information entrusted in confidence to territories, States or international organizations
(1) A person who comes into possession of any information, document or other article in circumstances mentioned in subsection (2) commits an offence if he makes a damaging disclosure of it knowing, or having reasonable cause to believe, that—
(a) it has been communicated in confidence as mentioned in subsection (2)(a);
(b) it has come into his possession as mentioned in subsection (2)(b); and
(c) its disclosure would be damaging.
(2) The circumstances referred to in subsection (1) are where any information, document or other article relating to security or intelligence— (Amended 6 of 2024 s. 171)
(a) has been communicated in confidence by or on behalf of the Central People’s Government or the Government to a territory or State or an international organization; and (Amended 6 of 2024 s. 171)
(b) has come into a person’s possession as a result of it having been disclosed (whether to him or another) without the authority of that territory, State or organization or, in the case of an organization, of a member of it.
(3) A person does not commit an offence under subsection (1) if the information, document or article—
(a) is disclosed by him with lawful authority; or
(b) has previously been made available to the public with the authority of the territory, State or organization concerned or, in the case of an organization, of a member of it.
(4) For the purposes of this section, the question whether a disclosure is damaging shall be determined as it would be determined in relation to a disclosure of the information, document or article in question by a public servant in contravention of section 14. (Amended 6 of 2024 s. 171)
(5) For the purposes of this section, information or a document or article is communicated in confidence if it is communicated—
(a) on terms requiring it to be held in confidence; or
(b) in circumstances in which the person communicating it could reasonably expect that it would be so held.
(6) No person shall be convicted for both an offence under this section and an offence under any of sections 13, 14, 17 and 18 in relation to the disclosure by him of any information or document or other article. (Amended 6 of 2024 s. 171)
[cf. 1989 c. 6 s. 6 U.K.]

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

21. Authorized disclosures
(1) For the purposes of this Part, a disclosure by—
(a) a public servant; or
(b) a person, not being a public servant or government contractor, in whose case a notification for the purposes of section 13(1) is in force,
is made with lawful authority if, and only if, it is made in accordance with his official duty.
(2) For the purposes of this Part, a disclosure by a government contractor is made with lawful authority if, and only if, it is made—
(a) in accordance with an official authorization; or
(b) for the purposes of the functions by virtue of which he is a government contractor and without contravening an official restriction.
(3) For the purposes of this Part, a disclosure by any other person is made with lawful authority if, and only if, it is made—
(a) by a public servant for the purposes of his functions as such; or
(b) in accordance with an official authorization.
(4) It is a defence for a person charged with an offence under any of sections 13, 14, 17, 18 and 20 to prove that at the time of the alleged offence he believed that he had lawful authority to make the disclosure in question and had no reasonable cause to believe otherwise. (Amended 6 of 2024 s. 172)
(5) In this section, official authorization (正式授權) and official restriction (正式限制) mean, subject to subsection (6), an authorization or restriction duly given or imposed by a public servant or government contractor or by or on behalf of a prescribed body or a body of a prescribed class. (Amended E.R. 6 of 2020)
(6) In relation to section 20, official authorization (正式授權) includes an authorization duly given by or on behalf of the territory, State or organization concerned or, in the case of an organization, a member of it.
[cf. 1989 c. 6 s. 7 U.K.]