An Ordinance to control the unauthorized obtaining or disclosure of official information.
[27 June 1997] L.N. 369 of 1997
(Format changes—E.R. 6 of 2020)
(Enacting provision omitted—E.R. 6 of 2020)
(Amended E.R. 6 of 2020)
This Ordinance may be cited as the Official Secrets Ordinance.
(Omitted as spent—E.R. 6 of 2020)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
(Repealed 6 of 2024 s. 165)
In this Part—
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; (Added 6 of 2024 s. 166) 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); (Added 6 of 2024 s. 166) Hong Kong permanent resident (香港永久性居民) has the meaning assigned to that term by section 2(1) of the Immigration Ordinance (Cap. 115); international organization (國際組織) means—(a)an organization the members of which include 2 or more countries, regions, places, or entities entrusted with functions by any country, region or place; or(b)an organization established by or under a treaty, convention or agreement made by 2 or more countries, regions or places,and includes an institution (however described) under the organization; (Added 6 of 2024 s. 166) prescribed (訂明) means prescribed by an order made by the Chief Executive; (Amended 6 of 2024 s. 166) public servant (公務人員) means— (a)any person who holds an office of emolument under the Government, whether such office is permanent or temporary; (Amended 6 of 2024 s. 166) (b)-(c)(Repealed 6 of 2024 s. 166) (d)any person who is a member or employee of a prescribed body or a body of a prescribed class and either is prescribed for the purposes of this paragraph or belongs to a prescribed class of members or employees of any such body; (e)any person who holds a prescribed office or who is an employee of such a person and either is prescribed for the purposes of this paragraph or belongs to a prescribed class of such employees; State (國家) includes the government of a State and any organ of its government; territory (地區) means any territory, not being a State, outside Hong Kong.(Amended 6 of 2024 s. 166)
In this Part, government contractor (政府承辦商) means, subject to subsection (3), any person who is not a public servant but who provides, or is employed in the provision of, goods or services for the purposes of the Government. (Amended 6 of 2024 s. 166)
Where an employee or a class of employees of any body, or of any holder of an office, is prescribed by an order made for the purposes of subsection (1), the following persons shall be deemed not to be a government contractor for the purposes of this Part—
any employee of that body, or of the holder of that office, who is not prescribed or is not within the prescribed class of employees; and
any person who does not provide, or is not employed in the provision of, goods or services for the purposes of the performance of those functions of the body or the holder of the office in connection with which the employee or prescribed class of employees is engaged.
(Repealed 6 of 2024 s. 166)
[cf. 1989 c. 6 ss. 1(9), 2(4), 3(5), 12 & 13 U.K.]
A person who is or has been—
a member of the security and intelligence services; or
a person notified that he is subject to the provisions of this subsection,
commits an offence if without lawful authority he discloses any information, document or other article relating to security or intelligence that is or has been in his possession by virtue of his position as a member of any of those services or in the course of his work while the notification is or was in force.
The reference in subsection (1) to disclosing information relating to security or intelligence includes a reference to making any statement that purports to be a disclosure of such information or is intended to be taken by those to whom it is addressed as being such a disclosure.
It is a defence for a person charged with an offence under this section 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 related to security or intelligence.
Notification that a person is subject to subsection (1) shall be effected by a notice in writing served on him by the Chief Executive, and such a notice may be served if, in the Chief Executive’s opinion, the work undertaken by the person in question is or includes work connected with the security or intelligence services and its nature is such that the interests of the security of Hong Kong require that he should be subject to that subsection. (Amended 6 of 2024 s. 167)
Subject to subsection (6), a notification for the purposes of subsection (1) shall be in force for the period of 5 years beginning with the day on which it is served but may be renewed by further notices under subsection (4) for periods of 5 years at a time.
A notification for the purposes of subsection (1) may at any time be revoked by a further notice in writing served by the Chief Executive on the person concerned and the Chief Executive shall serve such a further notice as soon as, in his opinion, the work undertaken by that person ceases to be such as is mentioned in subsection (4). (Amended 6 of 2024 s. 167)
[cf. 1989 c. 6 s. 1 U.K.]
A person who is or has been a public servant or government contractor commits an offence if without lawful authority he makes a damaging disclosure of any information, document or other article relating to security or intelligence that is or has been in his possession by virtue of his position as such but otherwise than as mentioned in section 13(1).
For the purposes of subsection (1), a disclosure is damaging if—
the disclosure causes damage to the work of, or any part of, the security or intelligence services;
the information, document or article in question is of such a nature that its unauthorized disclosure would be likely to cause such damage; or
the information, document or article in question falls within a class or description of information, documents or articles the unauthorized disclosure of which would be likely to have that effect.
It is a defence for a person charged with an offence under this section 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 related to security or intelligence; or
the disclosure would be damaging within the meaning of subsection (2).
[cf. 1989 c. 6 s. 1 U.K.]
(Repealed 6 of 2024 s. 168)
(Repealed 6 of 2024 s. 168)
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.
This section applies to—
any information, document or other article the disclosure of which—
results in the commission of an offence;
facilitates an escape from legal custody or the doing of any other act prejudicial to the safekeeping of persons in legal custody; or
impedes the prevention or detection of offences or the apprehension or prosecution of suspected offenders;
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);
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)
any information relating to the obtaining of any interception product described in paragraph (c). (Replaced 20 of 2006 s. 68)
(Repealed 20 of 2006 s. 68)
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.
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.
[cf. 1989 c. 6 s. 4 U.K.]
A person who comes into possession of any information, document or other article in circumstances mentioned in subsection (2) commits an offence if he discloses it without lawful authority and knowing, or having reasonable cause to believe, that—
it is protected against disclosure by any of sections 13, 14 and 17; and
it has come into his possession as mentioned in subsection (2).
The circumstances referred to in subsection (1) are where any information, document or other article protected against disclosure by any of sections 13, 14 and 17 has come into a person’s possession as a result of it having been— (Amended 6 of 2024 s. 169)
disclosed (whether to him or another) by a public servant or government contractor without lawful authority;
entrusted to him by a public servant or government contractor on terms requiring it to be held in confidence or in circumstances in which the public servant or government contractor could reasonably expect that it would be so held; or
disclosed (whether to him or another) without lawful authority by a person to whom it was entrusted as mentioned in paragraph (b).
In the case of information or a document or article protected against disclosure by sections 13 and 14, a person does not commit an offence under this section unless— (Amended 6 of 2024 s. 169)
the disclosure by him is damaging; and
he makes it knowing, or having reasonable cause to believe, that it would be damaging.
The question whether a disclosure of information or of a document or other article is damaging shall be determined for the purposes of subsection (3) as it would be determined in relation to a disclosure of that information, document or article by a public servant in contravention of section 14.
A person does not commit an offence under this section in respect of information or a document or other article that has come into his possession as a result of it having been disclosed—
as mentioned in subsection (2)(a) by a government contractor; or
as mentioned in subsection (2)(c),
unless that disclosure was by a person mentioned in subsection (5A) or took place in Hong Kong.
The person is—
a HKSAR resident;
a body corporate that is incorporated, formed or registered in Hong Kong; or
a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong. (Added 6 of 2024 s. 169)
For the purposes of this section, information or a document or article is protected against disclosure by any of sections 13, 14 and 17 if—
it relates to security or intelligence; or
it is information or a document or article to which section 17 applies,
and information or a document or article is protected against disclosure by any of sections 13 and 14 if it falls within paragraph (a). (Replaced 6 of 2024 s. 169)
No person shall be convicted for both an offence under this section and an offence under any of sections 13, 14 and 17 in relation to the disclosure by him of any information or document or other article.
(Amended 6 of 2024 s. 169)
[cf. 1989 c. 6 s. 5 U.K.]
(Repealed 6 of 2024 s. 170)
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—
it has been communicated in confidence as mentioned in subsection (2)(a);
it has come into his possession as mentioned in subsection (2)(b); and
its disclosure would be damaging.
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)
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)
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.
A person does not commit an offence under subsection (1) if the information, document or article—
is disclosed by him with lawful authority; or
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.
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)
For the purposes of this section, information or a document or article is communicated in confidence if it is communicated—
on terms requiring it to be held in confidence; or
in circumstances in which the person communicating it could reasonably expect that it would be so held.
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.]
For the purposes of this Part, a disclosure by—
a public servant; or
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.
For the purposes of this Part, a disclosure by a government contractor is made with lawful authority if, and only if, it is made—
in accordance with an official authorization; or
for the purposes of the functions by virtue of which he is a government contractor and without contravening an official restriction.
For the purposes of this Part, a disclosure by any other person is made with lawful authority if, and only if, it is made—
by a public servant for the purposes of his functions as such; or
in accordance with an official authorization.
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)
[cf. 1989 c. 6 s. 7 U.K.]
Where a public servant or government contractor, by virtue of his position as such, has in his possession or under his control any document or other article which it would be an offence under any of sections 13, 14, 17, 18, 20 and 21 for him to disclose without lawful authority, he commits an offence if— (Amended 6 of 2024 s. 173)
being a public servant, he retains the document or article contrary to his official duty; or
being a government contractor, he fails to comply with an official direction for the return or disposal of the document or article,
or if he fails to take such care to prevent the unauthorized disclosure of the document or article as a person in his position may reasonably be expected to take.
It is a defence for a public servant charged with an offence under subsection (1)(a) to prove that at the time of the alleged offence he believed that he was acting in accordance with his official duty and had no reasonable cause to believe otherwise.
In subsections (1) and (2) references to a public servant include any person, not being a public servant or government contractor, in whose case a notification for the purposes of section 13(1) is in force.
Where a person has in his possession or under his control any document or other article that it would be an offence under section 18 for him to disclose without lawful authority, he commits an offence if— (Amended 6 of 2024 s. 173)
he fails to comply with an official direction for its return or disposal; or
where he obtained it from a public servant or government contractor on terms requiring it to be held in confidence or in circumstances in which that servant or contractor could reasonably expect that it would be so held, he fails to take such care to prevent its unauthorized disclosure as a person in his position may reasonably be expected to take.
Where a person has in his possession or under his control any document or other article that it would be an offence under section 20 for him to disclose without lawful authority, he commits an offence if he fails to comply with an official direction for its return or disposal.
A person commits an offence if he 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 sections 13, 14, 17, 18, 20 and 21 and the circumstances in which it is disclosed are such that it would be reasonable to expect that it might be used for that purpose without authority. (Amended 6 of 2024 s. 173)
For the purposes of subsection (6), a person discloses information or a document or article that is official if—
he has or has had it in his possession by virtue of his position as a public servant or government contractor; or
he knows or has reasonable cause to believe that a public servant or government contractor has or has had it in his possession by virtue of his position as such.
Section 18(6) applies for the purposes of subsection (6) of this section as it applies for the purposes of that section.
[cf. 1989 c. 6 s. 8 U.K.]
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)
The person is—
a HKSAR resident;
a body corporate that is incorporated, formed or registered in Hong Kong;
a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong; or
a public servant. (Added 6 of 2024 s. 174)
[cf. 1989 c. 6 s. 14 U.K.]
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)
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.]
A person who commits an offence under any provision of this Part other than section 22(1), (4) or (5) shall be liable—
on conviction on indictment to a fine of $500,000 and to imprisonment for 2 years;
on summary conviction to a fine at level 5 and to imprisonment for 6 months.
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.]
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—
enter at any time any premises or place named in the warrant, if necessary by force;
search the premises or place and every person found therein;
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.]
(Amended E.R. 6 of 2020)
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.
The Official Secrets Act 1989 (Hong Kong) Order 1992 (S.I. 1992 No. 1301) is repealed.
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.
(Repealed 32 of 2000 s. 48)