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Safeguarding National Security Ordinance Part 4—Division 1 Section 33 (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