Safeguarding National Security Ordinance/Part 4

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Part 4
Offences in connection with State Secrets and Espionage

Division 1—Offences in connection with State Secrets

29. Interpretation

In this Division—

disclose (披露), in relation to a document or other article, includes parting with possession of the document or article, and disclosing the information contained in the document or article;

government contractor (政府承辦商) means a person who is not a public officer but who provides, or is employed in the provision of, goods or services—

(a) for the purposes of the Government; or

(b) under an agreement or arrangement that is certified by the Chief Executive as being an agreement or arrangement to which the authority of a region or place, the government of a foreign country (including an institution under the government) or an international organization is a party, or that is subordinate to, or made for the purposes of implementing, any such agreement or arrangement;

information (資料), except in section 33 or 34, includes—

(a) information stored by electronic means; and

(b) message or intelligence that is not stored on any medium;

public officer (公職人員) means—

(a) a person holding an office of emolument under the Government, whether such office be permanent or temporary;

(b) any of the following persons (if the person is not a person mentioned in paragraph (a))—

(i) a principal official of the Government appointed in accordance with the Basic Law;

(ii) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap. 66) or a person appointed under section 5A(3) of that Ordinance;

(iii) the Chairman of the Public Service Commission;

(iv) a staff member of the Independent Commission Against Corruption;

(v) The Ombudsman or a person appointed under section 6 of The Ombudsman Ordinance (Cap. 397);

(vi) the Privacy Commissioner for Personal Data or a person employed or engaged by the Commissioner under the Personal Data (Privacy) Ordinance (Cap. 486);

(vii) the Chairperson or a member of the Equal Opportunities Commission, or a person employed or engaged by the Commission under the Sex Discrimination Ordinance (Cap. 480);

(viii) a judicial officer or a staff member of the Judiciary;

(c) a member of the Executive Council;

(d) a member of the Legislative Council;

(e) a member of a District Council;

(f) a member of the Election Committee as defined by section 2(1) of the Chief Executive Election Ordinance (Cap. 569); or

(g) a person of a class specified under section 31;

region (地區) means a region, not being a country, outside the HKSAR;

specified disclosure (指明披露)—see section 30;

state secret (國家秘密) means one of the following secrets the disclosure, without lawful authority, of which would likely endanger national security—

(a) a secret concerning major policy decision on affairs of China or the HKSAR;

(b) a secret concerning the construction of national defence of China or concerning a Chinese armed force;

(c) a secret concerning diplomatic or foreign affair activities of China, a secret concerning external affairs of the HKSAR, or a secret that China or the HKSAR is under an external obligation to preserve secrecy;

(d) a secret concerning the economic or social development of China or the HKSAR;

(e) a secret concerning the technological development or scientific technology of China or the HKSAR;

(f) a secret concerning activities for safeguarding national security or the security of the HKSAR or for the investigation of offences;

(g) a secret concerning the relationship between the Central Authorities and the HKSAR (including information on affairs relating to the HKSAR for which the Central Authorities are responsible under the Basic Law).

30. Meaning of specified disclosure

(1) In this Division—

specified disclosure (指明披露), in relation to any information, document or other article, means the disclosure of the information, document or article in the following circumstances—

(a) the purpose of making the disclosure is to reveal—

(i) circumstances in which the Government’s performance of its functions in accordance with the law is seriously affected; or

(ii) a serious threat to public order, public safety or public health;

(b) the disclosure is of an extent that does not exceed what is necessary for revealing the matter mentioned in paragraph (a)(i) or (ii); and

(c) having regard to all the circumstances of the case, the public interest served by making the disclosure manifestly outweighs the public interest served by not making the disclosure.

(2) In determining whether a person discloses any information, document or other article in the circumstances mentioned in paragraph (c) of the definition of specified disclosure in subsection (1), regard must be had to—

(a) the seriousness of the matter mentioned in paragraph (a)(i) or (ii) of that definition;

(b) whether there is any reasonably practicable step in place of the disclosure, and if so, whether the person has taken those steps before making the disclosure;

(c) whether the person has reasonable grounds to believe that the disclosure is in the public interest;

(d) the public interest served by the disclosure;

(e) the extent of the damage or risk of damage brought about by the disclosure; and

(f) whether the disclosure is made under an emergency.

31. Specification of public officers

For the purposes of this Division, the Chief Executive in Council may, by order published in the Gazette, specify a class of persons as public officers if the Chief Executive in Council reasonably considers that it is necessary for safeguarding national security to specify the class of persons as public officers.

32. Unlawful acquisition of state secrets

(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 5 years if the person—

(a) knowing that any information, document or other article is or contains a state secret; or

(b) having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security,

and without lawful authority, acquires the information, document or article.

(2) It is a defence for a person charged with an offence under subsection (1)(a) to prove that the purpose of acquiring the information, document or article is to make a specified disclosure of the information, document or article.

(3) A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person, knowing that any information, document or other article is or contains a state secret, and—

(a) with intent to endanger national security; or

(b) being reckless as to whether national security would be endangered,

and without lawful authority, acquires the information, document or article.

(4) In this section, a reference to a person acquiring any information, document or other article—

(a) includes the person asking for, collecting, recording or copying the information, document or article; but

(b) does not include—

(i) the information, document or article coming into the person’s physical possession without the person’s knowledge; or

(ii) the information, document or article coming into the person’s possession or knowledge without the person taking any step.

33. Unlawful possession of state secrets

(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 3 years if the person—

(a) knowing that any information, document or other article is or contains a state secret; or

(b) having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security,

and without lawful authority, possesses the information, document or article.

(2) It is a defence for a person charged with an offence under subsection (1)(a) to prove that the purpose of possessing the information, document or article is to make a specified disclosure of the information, document or article.

(3) A person commits an offence and is liable on conviction on indictment to imprisonment for 5 years if the person, knowing that any information, document or other article is or contains a state secret, and—

(a) with intent to endanger national security; or

(b) being reckless as to whether national security would be endangered,

and without lawful authority, possesses the information, document or article.

(4) It is a defence for a person charged with an offence under subsection (1) or (3) to establish that—

(a) the person has taken all reasonable steps to do the following as soon as possible after the time at which the alleged offence commences (commencement time)—

(i) surrender the information, document or article mentioned in that subsection to a police officer; or

(ii) dispose of the information, document or article mentioned in that subsection in accordance with the direction of a police officer; and

(b) since the commencement time and until the happening of the event mentioned in paragraph (a)(i) or (ii), the person has taken all reasonable steps to ensure that the information, document or article is not disclosed.

(5) A person is taken to have established a matter that needs to be established for a defence under subsection (4) if—

(a) there is sufficient evidence to raise an issue with respect to that matter; and

(b) the contrary is not proved by the prosecution beyond reasonable doubt.

(6) In this section—

information (資料)—

(a) includes information stored by electronic means; but

(b) does not include message or intelligence that is not stored on any medium.

34. Unlawful possession of state secrets when leaving HKSAR

(1) A person who is (or was) a public officer commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person—

(a) acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s capacity as a public officer;

(b) knows that the information, document or article is or contains a state secret; and

(c) with intent to endanger national security or being reckless as to whether national security would be endangered, and without lawful authority, possesses the information, document or article when leaving the HKSAR.

(2) For a person leaving the HKSAR on a departure conveyance, a reference in subsection (1) to the person possessing any information, document or other article includes any of the following circumstances—

(a) the information, document or article being part of the personal belongings of the person carried on the conveyance;

(b) the information, document or article being in the checked baggage of the person (whether or not carried, or to be carried, on the same conveyance).

(3) In this section—

departure conveyance (離境運輸工具) means a vehicle, vessel, aircraft, hovercraft or other means of transport engaged on a journey leaving the HKSAR;

information (資料)—

(a) includes information stored by electronic means; but

(b) does not include message or intelligence that is not stored on any medium.

35. Unlawful disclosure of state secrets

(1) If a specified person, without lawful authority, discloses any information, document or other article that is or contains a specified state secret and that is (or was) acquired or possessed by the person by virtue of the person’s specified capacity, the person commits an offence and is liable on conviction on indictment to imprisonment for 10 years.

(2) It is a defence for a specified person charged with an offence under subsection (1) to establish that, at the time of the alleged offence, the person did not know and had no reasonable grounds to believe that the information, document or article was or contained a specified state secret.

(3) A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—

(a) there is sufficient evidence to raise an issue with respect to that matter; and

(b) the contrary is not proved by the prosecution beyond reasonable doubt.

(4) A specified person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person—

(a) acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s specified capacity;

(b) knows that the information, document or article is or contains a state secret (other than a specified state secret); and

(c) without lawful authority, discloses the information, document or article.

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

(a) acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s specified capacity;

(b) knows that the information, document or article is or contains a state secret (other than a specified state secret); and

(c) with intent to endanger national security, or being reckless as to whether national security would be endangered, and without lawful authority, discloses the information, document or article.

(6) A person commits an offence and is liable on conviction on indictment to imprisonment for 5 years if the person—

(a) knowing that any information, document or other article is or contains a state secret; or

(b) having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security,

and without lawful authority, discloses the information, document or article.

(7) It is a defence for a person charged with an offence under subsection (6)(a) to prove that the disclosure of the information, document or article is a specified disclosure.

(8) A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person, knowing that any information, document or other article is or contains a state secret, and—

(a) with intent to endanger national security; or

(b) being reckless as to whether national security would be endangered,

and without lawful authority, discloses the information, document or article.

(9) In this section, a reference to disclosing any information, document or other article does not include—

(a) surrendering the information, document or article to a police officer; or

(b) disposing of the information, document or article in accordance with the direction of a police officer.

(10) In this section—

specified capacity (指明身分)—

(a) in relation to a person who is (or was) a public officer—means the capacity of the person as a public officer; or

(b) in relation to a person who is (or was) a government contractor—means the capacity of the person as a government contractor;

specified person (指明人士) means a person who is (or was) a public officer or government contractor;

specified state secret (指明國家秘密) means a state secret that is a secret mentioned in paragraph (b), (c) or (g) of the definition of state secret in section 29.

36. Unlawful disclosure of information etc. acquired by espionage

(1) A person commits an offence if the person, without lawful authority, discloses any information, document or other article that the person knows (or has reasonable grounds to believe) to have come into the person’s possession as a result of a contravention of section 43(1).

(2) A person who commits an offence under subsection (1) is liable on conviction on indictment to imprisonment for 10 years.

37. Unlawful disclosure of information etc. that appears to be confidential matter

(1) If—

(a) a specified person, with intent to endanger national security, and without lawful authority—

(i) discloses any information, document or other article; and

(ii) in making the disclosure, represents or holds out that the information, document or article is (or was) acquired or possessed by the person by virtue of the person’s specified capacity; and

(b) the information, document or article would be (or likely to be) a confidential matter if it were true,

the person commits an offence regardless of whether the information, document or article is true or not, and is liable on conviction on indictment to imprisonment for 5 years.

(2) If—

(a) a specified person colludes with an external force, with intent to endanger national security, and without lawful authority—

(i) discloses any information, document or other article; and

(ii) in making the disclosure, represents or holds out that the information, document or article is (or was) acquired or possessed by the person by virtue of the person’s specified capacity; and

(b) the information, document or article would be (or likely to be) a confidential matter if it were true,

the person commits an offence regardless of whether the information, document or article is true or not, and is liable on conviction on indictment to imprisonment for 7 years.

(3) It is a defence for a specified person charged with an offence under subsection (1) or (2) to establish that, at the time of the alleged offence, the person did not know and had no reasonable grounds to believe that the information, document or article fell within subsection (1)(b) or (2)(b) (as the case may be).

(4) A person is taken to have established a matter that needs to be established for a defence under subsection (3) if—

(a) there is sufficient evidence to raise an issue with respect to that matter; and

(b) the contrary is not proved by the prosecution beyond reasonable doubt.

(5) In this section—

confidential matter (機密事項) means a matter the disclosure, without lawful authority, of which would prejudice the interest of the Central Authorities or the Government;

specified capacity (指明身分)—

(a) in relation to a person who is (or was) a public officer—means the capacity of the person as a public officer; or

(b) in relation to a person who is (or was) a government contractor—means the capacity of the person as a government contractor;

specified person (指明人士) means a person who is (or was) a public officer or government contractor.

38. Authorized disclosures

(1) For the purposes of this Division, a disclosure by a public officer is made with lawful authority if, and only if, it is made in accordance with the officer’s official duty.

(2) For the purposes of this Division, 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 the contractor is a government contractor and without contravening an official restriction.

(3) For the purposes of this Division, a disclosure by a person who is neither a public officer nor a government contractor is made with lawful authority if, and only if, it is made in accordance with an official authorization.

(4) It is a defence for a person charged with an offence under section 35, 36 or 37 to establish that, at the time of the alleged offence, the person believed that the person had lawful authority to make the disclosure and had no reasonable grounds to believe otherwise.

(5) A person is taken to have established a matter that needs to be established for a defence under subsection (4) if— (a) there is sufficient evidence to raise an issue with respect to that matter; and (b) the contrary is not proved by the prosecution beyond reasonable doubt.

(6) In this section—

official authorization (正式授權) means an authorization duly given by a public officer or government contractor;

official restriction (正式限制) means a restriction duly imposed by a public officer or government contractor.

39. Safeguarding of information

(1) Subsection (2) applies if—

(a) a specified person possesses or controls any information, document or other article (relevant information, document or article) by virtue of the person’s capacity as a specified person; and

(b) the specified person would commit an offence under section 35 or 36 if the person discloses, without lawful authority, the relevant information, document or article.

(2) The specified person commits an offence if—

(a) being a public officer—the specified person retains the relevant information, document or article contrary to the person’s official duty; or

(b) being a government contractor—the specified person fails to comply with an official direction for the return or disposal of the relevant information, document or article,

or if the specified person fails to take such care to prevent the unauthorized disclosure of the relevant information, document or article as a person in the specified person’s position may reasonably be expected to take.

(3) It is a defence for a public officer charged with an offence under subsection (2)(a) to establish that, at the time of the alleged offence, the officer believed that the officer was acting in accordance with the officer’s official duty and had no reasonable grounds to believe otherwise.

(4) A person is taken to have established a matter that needs to be established for a defence under subsection (3) if—

(a) there is sufficient evidence to raise an issue with respect to that matter; and

(b) the contrary is not proved by the prosecution beyond reasonable doubt.

(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.

(8) For the purposes of subsection (7), any information, document or article disclosed by the person is official information, document or article if—

(a) the person possesses (or possessed) the information, document or article by virtue of the person’s capacity as a specified person; or

(b) the person knows (or has reasonable grounds to believe) that a specified person possesses (or possessed) the information, document or article by virtue of the specified person’s capacity as a specified person.

(9) A person who commits an offence under subsection (7) is liable on conviction on indictment to a fine of $500,000 and to imprisonment for 2 years.

(10) In this section—

official direction (正式指示) means a direction duly given by a specified person;

specified person (指明人士) means a public officer or government contractor.

40. Extra-territorial effect of this Division

(1) If—

(a) any—

(i) HKSAR resident;

(ii) body corporate that is incorporated, formed or registered in the HKSAR; or

(iii) body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

(b) the act would have constituted an offence under section 32(1) or (3), 33(1) or (3), 35(6) or (8) or 36(1) had it been done in the HKSAR,

the resident or body commits the offence.

(2) If a person does any act outside the HKSAR, and the act would have constituted an offence under section 35(1), (4) or (5) or 37(1) or (2) had it been done in the HKSAR, the person commits the offence.

(3) In this section—

HKSAR resident (特區居民) means—

(a) a Hong Kong permanent resident; or

(b) a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the Immigration Ordinance (Cap. 115).

Division 2—Offences in connection with Espionage

41. Interpretation

(1) In this Division—

conveyance (運輸工具) includes a vehicle, vessel, aircraft and hovercraft;

document (文件) includes part of a document;

munitions (軍火) includes the whole or any part of any vessel, aircraft, tank or similar engine, arms and ammunition, torpedo or mine, intended or adapted for use in war or armed conflict, and any other article, material or device, whether actual or proposed, intended for such use;

place (地方) means any place, and includes—

(a) any conveyance; and

(b) any tent or structure (whether or not movable or offshore);

prohibited place (禁地) means any of the following that is situated in the HKSAR—

(a) a work of defence, arsenal or military or national defence establishment;

(b) a place declared as a military restricted zone under Article 12 of the Law of the People’s Republic of China on the Garrisoning of the Hong Kong Special Administrative Region (a translation of “《中華人民共和國香港特別行政區駐軍法》”);

(c) a station, factory, dockyard, mine, minefield, camp, vessel or aircraft belonging to or occupied by or on behalf of the Central Authorities or the Government (relevant Authority) and used for military or national defence purpose;

(d) a place that—

(i) belongs to or is occupied by or on behalf of a relevant Authority; and

(ii) may only be entered by a person performing a function in relation to that place, and is designed for placing one or more of the following items or relevant facilities—

(A) radiocommunications installation;

(B) telecommunications system;

(C) telecommunications installation;

(D) telecommunications network;

(E) telecommunications line;

(F) server;

(e) a place belonging to or occupied by or on behalf of a relevant Authority and used for the purpose of building, repairing, making or storing any munitions, vessel, aircraft, arms or materials or instruments for use in time of war or armed conflict, or any information, document or other article relating to such munitions, vessel, aircraft, arms or materials or instruments, or for the purpose of getting any metals, oil or minerals of use in time of war or armed conflict;

(f) a place not belonging to the relevant Authorities where any munitions, or any information, document or other article relating to such munitions, are being made, repaired, obtained or stored under a contract with, or with a person on behalf of, a relevant Authority, or otherwise on behalf of a relevant Authority; or

(g) a place declared under section 42 as a prohibited place;

radiocommunications installation (無線電通訊裝置) has the meaning given by section 2(1) of the Telecommunications Ordinance (Cap. 106);

telecommunications installation (電訊裝置) has the meaning given by section 2(1) of the Telecommunications Ordinance (Cap. 106);

telecommunications line (電訊線路) has the meaning given by section 2(1) of the Telecommunications Ordinance (Cap. 106);

telecommunications network (電訊網絡) has the meaning given by section 2(1) of the Telecommunications Ordinance (Cap. 106);

telecommunications system (電訊系統) has the meaning given by section 2(1) of the Telecommunications Ordinance (Cap. 106);

unmanned tool (無人工具) means a conveyance or other power driven machine that is operated with no person on board.

(2) In this Division—

(a) an expression referring to communicating includes any communicating, whether in whole or in part, and whether the information, document or other article itself or the substance, effect or description of the information, document or other article only be communicated;

(b) an expression referring to the communication of any information, document or other article includes the transfer or transmission of the information, document or other article, and also includes providing means of obtaining or accessing the information, document or other article; and

(c) an expression referring to obtaining any information, document or other article includes copying or causing to be copied the whole or any part of the information, document or other article.

42. Declaration of prohibited places and authorization of guards

(1) For the purposes of this Division, the Chief Executive may, by order published in the Gazette, declare a place situated in the HKSAR as a prohibited place if, having regard to the matters specified in subsection (2), the Chief Executive reasonably considers that it is necessary for safeguarding national security to declare the place as a prohibited place.

(2) The matters are—

(a) the use of the place;

(b) the owner or occupier of the place;

(c) the nature of any information kept, stored or processed in the place; and

(d) the nature of any technology, equipment or material situated at the place.

(3) An order made under subsection (1) may be made in respect of a particular place and may also be made in respect of a description of place.

(4) The Chief Executive may authorize any person or any class of persons as a person or persons to discharge duty as a guard or sentry in respect of any prohibited place.

43. Espionage

(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 20 years if the person, with intent to endanger national security, does an act specified in subsection (2).

(2) The act is—

(a) approaching, inspecting, passing over or under, entering or accessing a prohibited place, or being in the neighbourhood of a prohibited place (including doing such act by electronic or remote means);

(b) causing an unmanned tool to approach, inspect, pass over or under, enter or access a prohibited place, or to be in the neighbourhood of a prohibited place (including doing such act by electronic or remote means); or

(c) obtaining (including by interception of communication), collecting, recording, producing or possessing, or communicating to any other person, any information, document or other article that is calculated to be, or is intended to be, directly or indirectly useful to an external force.

(3) If a person colludes with an external force to publish to the public a statement of fact that is false or misleading, and—

(a) the person—

(i) with intent to endanger national security or being reckless as to whether national security would be endangered, so publishes the statement; and

(ii) knows that the statement is false or misleading; or

(b) the person—

(i) with intent to endanger national security, so publishes the statement; and

(ii) has reasonable grounds to believe that the statement is false or misleading,

the person commits an offence and is liable on conviction on indictment to imprisonment for 10 years.

(4) For the purposes of subsection (3)—

(a) a statement is a statement of fact if a reasonable person would consider it to be a representation of fact after reading or hearing it or after it comes to the person’s knowledge by other means; and

(b) a statement of fact is false if it is wholly false or false in a material respect, whether on its own or in the context in which it appears.

(5) In this section—

communication (通訊) has the meaning given by section 2(1) of the Interception of Communications and Surveillance Ordinance (Cap. 589);

interception (截取) has the meaning given by section 2(1) of the Interception of Communications and Surveillance Ordinance (Cap. 589).

44. Entering prohibited places without lawful authority etc.

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

(a) without reasonable excuse or lawful authority—

(i) inspects, passes over or under, enters or accesses a prohibited place (including doing such act by electronic or remote means); or

(ii) causes an unmanned tool to inspect, pass over or under, enter or access a prohibited place (including doing such act by electronic or remote means); and

(b) knows (or has reasonable grounds to believe) that the person has no lawful authority to do the act mentioned in paragraph (a)(i) or (ii) at the time when doing the act.

45. Powers exercisable in relation to prohibited places

(1) A specified officer may order—

(a) any person not to do or cease to do an act specified in section 43(2)(a) or (b);

(b) a person who has entered or accessed (including having entered or accessed by electronic or remote means) a prohibited place to leave the prohibited place immediately;

(c) a person who is in the neighbourhood of a prohibited place to leave the neighbourhood immediately; or

(d) a person who drives or operates a conveyance that is in a prohibited place or in the neighbourhood of a prohibited place (relevant place), or who operates an unmanned tool that is in a relevant place, to remove the conveyance or the unmanned tool from the relevant place.

(2) A specified officer may arrange—

(a) a conveyance or unmanned tool in a relevant place to be removed from the relevant place; or

(b) a conveyance or unmanned tool to be moved from a place within a relevant place to another place within a relevant place.

(3) A specified officer must not exercise a power conferred by subsection (1) or (2) unless the officer has reasonable grounds to believe that it is necessary for safeguarding national security to exercise the power.

(4) A person who contravenes an order made under subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for 2 years.

(5) In this section—

specified officer (指明人員)—

(a) in relation to a prohibited place—means any of the following persons—

(i) a police officer;

(ii) a person authorized under section 42(4) in respect of the prohibited place; or

(b) in relation to a prohibited place belonging to or occupied by or on behalf of the Central Authorities—means a person assigned by the institution in charge of the prohibited place to discharge duty as a guard or sentry in respect of the prohibited place.

46. Obstruction etc. in the vicinity of prohibited places

(1) If a specified officer is discharging duty in respect of a prohibited place, and another person, in the vicinity of the prohibited place—

(a) wilfully obstructs the specified officer from discharging the duty;

(b) knowingly misleads the specified officer in circumstances concerning the discharge of the duty by the specified officer; or

(c) otherwise wilfully interferes with or impedes the specified officer in the discharge of the duty,

that other person commits an offence.

(2) A person who commits an offence under subsection (1) is liable on conviction on indictment to imprisonment for 2 years.

(3) In this section—

specified officer (指明人員)—

(a) in relation to a prohibited place—means any of the following persons—

(i) a police officer;

(ii) a person authorized under section 42(4) in respect of the prohibited place; or

(b) in relation to a prohibited place belonging to or occupied by or on behalf of the Central Authorities—means a person assigned by the institution in charge of the prohibited place to discharge duty as a guard or sentry in respect of the prohibited place.

47. Participating in or supporting external intelligence organizations, or accepting advantages offered by them, etc.

(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 14 years if the person—

(a) with intent to endanger national security; or

(b) being reckless as to whether national security would be endangered,

knowingly does a prohibited act in relation to an external intelligence organization.

(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

(f) any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of paragraph (a), (b), (c), (d) or (e);

economic resources (經濟資源) means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;

entertainment (款待) means the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment relating to, or provided at the same time as, such provisions;

external intelligence organization (境外情報組織) means an organization established by an external force and engaging in the following work or activity (however described)—

(a) intelligence work; or

(b) subversion or sabotage of other countries or places;

financial support (財政支援) means any funds or other financial assets or economic resources;

funds (資金) includes—

(a) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments;

(b) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

(c) securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts);

(d) interest, dividends or other income on or value accruing from or generated by property;

(e) credit, rights of set-off, guarantees, performance bonds or other financial commitments;

(f) letters of credit, bills of lading and bills of sale;

(g) documents evidencing an interest in funds or financial resources; and

(h) any other instrument of export financing;

prohibited act (受禁作為), in relation to an external intelligence organization, means—

(a) becoming a member of the organization;

(b) accepting a task or training from the organization (or a person acting on behalf of the organization);

(c) offering substantial support (including providing financial support or information and recruiting members for the organization) to the organization (or a person acting on behalf of the organization); or

(d) accepting substantial advantage offered by the organization (or a person acting on behalf of the organization).

48. Extra-territorial effect of this Division

(1) If a person does any act outside the HKSAR, and the act would have constituted an offence under section 43(1) (in respect of an act specified in section 43(2)(a) or (b)) or an offence under section 44 had it been done in the HKSAR, the person commits the offence.

(2) If—

(a) any—

(i) HKSAR resident who is a Chinese citizen;

(ii) body corporate that is incorporated, formed or registered in the HKSAR; or

(iii) body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

(b) the act would have constituted an offence under section 43(1) (in respect of an act specified in section 43(2)(c)) or an offence under section 47(1) or (2) had it been done in the HKSAR,

the resident or body commits the offence.

(3) If—

(a) any—

(i) HKSAR resident;

(ii) body corporate that is incorporated, formed or registered in the HKSAR; or

(iii) body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

(b) the act would have constituted an offence under section 43(3) had it been done in the HKSAR,

the resident or body commits the offence.

(4) In this section—

HKSAR resident (特區居民) means—

(a) a Hong Kong permanent resident; or

(b) a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the Immigration Ordinance (Cap. 115).