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Safeguarding National Security Ordinance Part 4—Division 1 Section 38 (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.