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"Theft of state secrets, an offence referred to under Government's proposals to implement Article 23 of the Basic Law, has been on our statute books for decades," the Acting Permanent Secretary for Security, Mr Timothy Tong, said today (December 1).
The proposals relating to theft of state secrets are extremely narrowly drawn and are based on the existing Official Secrets Ordinance, which was modelled on the UK Official Secrets Act 1989.
The Official Secrets Ordinance, which existed before the reunification, protects only four categories of 'official information' - information relating to security and intelligence, defence, international relations and the commission of offences and criminal investigations.
"The so-called new category of protected information concerning relations between the Central Authorities and the Hong Kong Special Administrative Region (HKSAR) is in fact already covered by the existing ordinance under international relations," Mr Tong said.
"Prior to the Reunification, information relating to relations between the United Kingdom and Hong Kong was protected under the ordinance. After the adaptation of laws, this category covers information relating to relations between the Central Authorities and the HKSAR.
"We are not proposing any change to the substance of the law nor the way it is to be administered. Our proposals merely aim to update the existing ordinance to take into account changing circumstances and to clearly define some of the existing provisions.
"Firstly, it is proposed to make it clear that the provisions which apply to civil servants and government contractors also apply to those who have retired or ceased to be employed as such. This is to clear up a doubt that was pointed out by the House of Lords in respect of the same provision of the UK Official Secrets Act.
"Secondly, the 'unauthorized' and 'damaging disclosure' of 'protected information' is already an offence under the existing Official Secrets Ordinance where the information has been obtained by an unauthorized disclosure from a civil servant. All of these terms have a statutory meaning which limit the scope of the offence and ensure that freedom of the press is protected. What is proposed is that the unauthorized and damaging disclosure of protected information which was obtained by 'unauthorized access' should be treated in the same way.
"A person would only commit such an offence if he or she knows or has reasonable grounds to believe all of the following: (1) that the information belongs to a protected category; (2) that the information is obtained through unauthorized disclosure or unauthorized access; and that (3) the disclosure of such information is damaging.
"There is no question of extending Mainland laws to Hong Kong. All the proposals will be implemented by local legislation which will only be interpreted by Hong Kong courts. Our courts are fully cognizant of the common law principles and international human rights standards" he explained.
End/Sunday, December 1, 2002
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