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The Official Secrets Act 1989 (Hong Kong) Order 1992

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“Crown servant”and “government contractor”.

12.—(1) In this Act “Crown servant” means—

(a)any person holding an office of emolument under the Crown in right of the Government of Hong Kong, whether such office be permanent or temporary;

(b)any person employed in the civil service of the Crown in right of the United Kingdom, including Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;

(c)any member of the naval, military or air forces of the Crown;

(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 is the holder of a prescribed office or who is an employee of such a holder and either is prescribed for the purposes of this paragraph or belongs to a prescribed class of such employees.

(2) In this Act “government contractor” means, subject to subsection (3) below, any person who is not a Crown servant but who provides, or is employed in the provision of, goods or services—

(a)for the purposes of the Crown in right of the Government of Hong Kong, of any of the services, forces or bodies mentioned in subsection (1) above or of the holder of any office prescribed under subsection (1) above; or

(b)under an agreement or arrangement certified by the Governor as being one to which the government of a territory other than Hong Kong or of a State other than the United Kingdom or an international organisation is a party or which is subordinate to, or made for the purposes of implementing, any such agreement or arrangement.

(3) Where an employee or 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) above—

(a)any employee of that body, or of the holder of that office, who is not prescribed or is not within the prescribed class; and

(b)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,

shall not be a government contractor for the purposes of this Act.

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