Public Interest Defence
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Public Interest Defence
In the context of secrecy laws, a public interest defence is a defence that allows a defendant who disclosed classified or protected information to avoid criminality by establishing that the public interest in disclosure of the information outweighs the public interest in nondisclosure. It is aimed at protecting whistleblowers of government misconduct. The inclusion of the defence was a subject of debate in the legislative process of the Official Secrets Act 1989 of the United Kingdom. The defence was not included in the final Act. The defence was also absent in secrecy laws in other countries that were based on the Act. Canada has reformed its secrecy laws in 2001 by adding the defence in its Security of Information Act. However, its application is limited to situations in which the defendant has followed a series of steps set out in the legislation before making the disclosure, and the person's purpose in making the disclosure is to reveal an offence committed by another ...
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Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ...
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Whistleblower
A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whistleblowers can use a variety of internal or external channels to communicate information or allegations. Over 83% of whistleblowers report internally to a supervisor, human resources, compliance, or a neutral third party within the company, hoping that the company will address and correct the issues. A whistleblower can also bring allegations to light by communicating with external entities, such as the media, government, or law enforcement. Whistleblowing can occur in either the private sector or the public sector. Retaliation is a real risk for whistleblowers, who often pay a heavy price for blowing the whistle. The most common form of retaliation is abrupt termination of employment. However, several other actions may also be conside ...
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Official Secrets Act 1989
The Official Secrets Act 1989 (c. 6) is an Act of the Parliament of the United Kingdom that repeals and replaces section 2 of the Official Secrets Act 1911, thereby removing the public interest defence created by that section. Lord Bingham said that the white paper "Reform of Section 2 of the Official Secrets Act 1911" (Cm. 408) (June 1988) was the immediate precursor of this Act and that its recommendations bear directly on the interpretation of this Act. General information Capacity The offences under sections 1(3), 2(1), 3(1) and 4(1) can be committed only by persons who are or have been, and the offence under section 8(1) can be committed only by persons who are, Crown servants or government contractors. The offences under the Act, that can be committed only by persons who, as the case may be, are or have been Crown servants, government contractors, or members of the security and intelligence services, can be committed only where the information, document or other articl ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Security Of Information Act
The ''Security of Information Act'' (R.S.C. 1985, c. O-5), formerly known as the ''Official Secrets Act'', is an Act of the Parliament of Canada that addresses national security concerns, including threats of espionage by foreign powers and terrorist groups, and the intimidation or coercion of ethnocultural communities in and against Canada. Key provisions of the Act Certain departments ('Scheduled department') and classes of people (past and current employees) are 'permanently bound to secrecy' under the Act. These are individuals who should be held to a higher level of accountability for unauthorized disclosures of information obtained in relation to their work. For example, Military Intelligence, employees of Canadian Security Intelligence Service (CSIS), Communications Security Establishment and certain members of the Royal Canadian Mounted Police (RCMP). This act applies to anyone who has been granted security clearance by the Federal Government, including those who have ...
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Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. With 7.5 million residents of various nationalities in a territory, Hong Kong is one of the most densely populated places in the world. Hong Kong is also a major global financial centre and one of the most developed cities in the world. Hong Kong was established as a colony of the British Empire after the Qing Empire ceded Hong Kong Island from Xin'an County at the end of the First Opium War in 1841 then again in 1842.. The colony expanded to the Kowloon Peninsula in 1860 after the Second Opium War and was further extended when Britain obtained a 99-year lease of the New Territories in 1898... British Hong Kong was occupied by Imperial Japan from 1941 to 1945 during World War II; British administration resume ...
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Hong Kong Basic Law Article 23
Hong Kong Basic Law Article 23 () is an article in the Hong Kong Basic Law, Basic Law, the organic law, constitution of Hong Kong. It states that Hong Kong "shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies." Attempts to implement the article and create the Hong Kong national security law have seen protests, particularly in 2003 July 1st protest, 2003 and 2019–2020 Hong Kong protests, 2019. In 2020, the mainland National People's Congress imposed National People's Congress decision on Hong Kong national security legislation, a security law on Hong Kong under Article 18 of the Basic Law. Content Article 23 of the Basic Law (BL 23) sta ...
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Media In Hong Kong
Hong Kong's media consists of several different types of communications of mass media: television, radio, cinema, newspapers, magazines, websites and other online platforms. Overview Hong Kong is home to many of Asia's biggest media entities and remains one of the world's largest film industries. The loose regulation over the establishment of a newspaper makes Hong Kong home to many international media such as the ''Asian Wall Street Journal'' and ''Far Eastern Economic Review'', and publications with anti-Communist backgrounds such as ''The Epoch Times'' (which is funded by Falun Gong). It also once had numerous newspapers funded by Kuomintang of Taiwan but all of them were terminated due to poor financial performance. The Catholic Diocese of Hong Kong publishes ''Kung Kao Po'', a weekly newspaper. ''Apple Daily'' and ''Oriental Daily News'' are the two best selling newspapers, according to AC Nielsen, accounting for more than 60% of readership. Both are known for their anti- ...
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Edward Snowden
Edward Joseph Snowden (born June 21, 1983) is an American and naturalized Russian former computer intelligence consultant who leaked highly classified information from the National Security Agency (NSA) in 2013, when he was an employee and subcontractor. His disclosures revealed numerous global surveillance programs, many run by the NSA and the Five Eyes intelligence alliance with the cooperation of telecommunication companies and European governments and prompted a cultural discussion about national security and individual privacy. In 2013, Snowden was hired by an NSA contractor, Booz Allen Hamilton, after previous employment with Dell and the CIA. Snowden says he gradually became disillusioned with the programs with which he was involved, and that he tried to raise his ethical concerns through internal channels but was ignored. On May 20, 2013, Snowden flew to Hong Kong after leaving his job at an NSA facility in Hawaii, and in early June he revealed thousands of class ...
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Criminal Defenses
In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the ''intent'' element), known as defenses. The label may be apt in jurisdictions where the ''accused'' may be assigned some ''burden'' before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the ''prosecution'', which also must prove the ''absence'' of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment. Types of defenses in a Court of Law Mental disorder (insanity) Insanity or ''mental disorder'' (Australia and Canada), may negate the ''intent'' of any crime, although it pertains only to those crimes having an ''intent'' element. A variety of rules have been advanced to define what, precisely, constitutes criminal ''insanity''. The most common definitio ...
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