Page:Safeguarding National Security Ordinance.pdf/158

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Safeguarding National Security Ordinance

Part 8
Ord. No. 6 of 2024
Section 118
A729

118. Unlawful disclosure of personal data of persons handling cases or work concerning national security

(1) If a person commits an offence under section 64(3A) of the Personal Data (Privacy) Ordinance (Cap. 486), and—

(a) the data subject referred to in that section is—
(i) a specified person;
(ii) a family member of a specified person;
(iii) an aider; or
(iv) a family member of an aider; and
(b) the person commits the offence—
(i) with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security; or
(ii) in consequence of a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person or by the aider in providing assistance in relation to a case concerning national security,

the person commits an offence and is liable on conviction on indictment to imprisonment for 7 years.

(2) If a person commits an offence under section 64(3C) of the Personal Data (Privacy) Ordinance (Cap. 486), and—

(a) the data subject referred to in that section is—
(i) a specified person;
(ii) a family member of a specified person;
(iii) an aider; or