Hong Kong Special Administrative Region of the People's Republic of China - Proposals to implement Article 23 of the BASIC LAW
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4 July 2003

The Editor,
South China Morning Post

 

Dear Sir,

Response to Herald Tribune, 28 June 2003

I refer to the editorial which appeared on July 4 and would like to correct an error. You state that under the proposals in the National Security Bill any one who is a passive receiver of confidential information could be prosecuted. This is simply not the case. Receiving information is not an offence either under the existing Official Secrets Ordinance or under the amendments proposed in the Bill. The relevant offences under the ordinance all involve disclosure of limited categories of protected information where that disclosure either causes damage or is likely to cause damage.

Damage is defined and, depending on the category of information, might include causing loss of life to members of the armed forces or impeding the detection of offenders.

Yours faithfully,




(James O'Neil)
Deputy Solicitor General
Department of Justice

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Last Updated : 4-2-2004
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