Malaysia legislation

Section 2

of OFFICIAL SECRETS ACT 1972

Section 2

Interpretation

(a)

any regular or volunteer armed forces of Malaysia whether in Malaysia or outside Malaysia;

(b)

any regular or volunteer armed forces of any foreign country or of any territory outside Malaysia attached to or operating with any of the armed forces of Malaysia whether in Malaysia or outside Malaysia;

(c)

any visiting forces within the meaning of any law for the time being in force regulating visiting forces lawfully present in Malaysia;

“article” includes any thing, substance or material;

“competent authority” means the competent authority appointed by the Minister by order published in the Gazette in respect of any one or more prohibited places or class of prohibited places;

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“document” includes, in addition to a document in writing and part of a document—

(a)

any map, plan, model, graph or drawing;

(b)

any photograph;

(c)

any disc, tape, sound track or other device in which sound or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(d)

any film, negative, tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom;

“foreign agent” includes any person who is or has been or is reasonably suspected of being or having been employed by a foreign country or any organisation within or without Malaysia either directly or indirectly for the purpose of committing an act, either within or without Malaysia, prejudicial to the safety or interests of Malaysia, or who has or is reasonably suspected of having, either within or without Malaysia, committed, or attempted to commit, such an act in the interests of a foreign country;

“foreign country” means any independent and sovereign state and includes any colony, dominion or protectorate of such state;

“Government” means the Government of Malaysia or a State

Government;

“material” includes any equipment, device or object;

“munitions of war” includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, bomb, torpedo or mine, intended or adapted for use in war, and any other article, material, instrument or device, whether actual or proposed, intended for such use;

“offence under this Act” includes any act, omission or other thing which is punishable under this Act;

“office in the public service” includes any office or employment in or under any public service;

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“official” relates to any public service;

“official secret” means any document specified in the Schedule and any information and material relating thereto and includes any other official document, information and material as may be classified as “Top Secret”, “Secret”, “Confidential” or “Restricted”, as the case may be, by a Minister, the Menteri Besar or Chief Minister of a State or such public officer appointed under section 2B;

“photographic apparatus” means any apparatus for taking or making of photographs, film, negative, tape or other device in which one or more visual images are embodied so as to be capable

(with or without the aid of some other equipment) of being reproduced therefrom and includes any component part of such apparatus;

“police officer” includes any person upon whom the powers of a police officer not below the rank of Inspector are conferred by the Minister under section 29;

“prohibited place” means—

(a)

any work of defence, arsenal, naval, military or air force establishment, barrack, camp or station, factory, dockyard, aerodrome, mine, minefield, ship or aircraft belonging to or occupied by or on behalf of the Government or any telegraph, telephone, wireless or signal station or office so belonging or occupied, and any place belonging to or occupied by or on behalf of the Government and used for the purpose of building, repairing, making, proving, testing or storing any munitions of war, or any photographs, drawings, plans, models or documents relating thereto, or for the purpose of getting or storing any metals, oil, mechanical transport spirit or aviation spirit or minerals of use in time of war;

(b)

any place not belonging to the Government where any munitions of war, oil, mechanical transport spirit, aviation spirit, fuel or supplies or any documents relating thereto, are being made, repaired, gotten or stored under contract, with, or with any person on behalf of, the Government, or otherwise on behalf of the Government;

(c)

any camp, barrack or place where prisoners of war, members of the armed forces, internees or detainees are detained;

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(d)

any place which is for the time being declared by the

Minister, by order published in the Gazette, to be a prohibited place for the purpose of this Act;

“public officer” means any person holding any office or employment in or under any public service;

“public service” means—

(a)

any of the public services referred to in Article 132 of the Constitution including any Ministry, any department of the Government, or any Court;

(b)

any city council, municipality, town council or local authority;

(c)

any statutory authority exercising powers vested in it by

Federal or State law;

(d)

any person, tribunal, body, institution or authority whatsoever which may be declared by the Minister, by order published in the Gazette, to be a public service for the purpose of this definition; and

(e)

in the event of war, any department of the government of any ally of Malaysia.

(2)

In this Act, unless the context otherwise requires, expressions referring to—

(a)

communicating, receiving, obtaining, retaining, collecting, recording or publishing includes any communicating, receiving, obtaining, retaining, collecting, recording or publishing, whether in whole or in part and whether the article, document or information itself or the substance, effect or description thereof only be communicated, received, obtained, retained, collected, recorded or published;

(b)

obtaining or retaining any article or document includes the copying or causing to be copied the whole or any part of any article or document; and

(c)

the communication of any article or document includes the transfer or transmission, or the publishing, of the whole or any part of any article or document.

Official Secrets 9

(3)

In this Act, unless the context otherwise requires, any reference to a place belonging to the Government includes a place belonging to or occupied by any department of the Government, whether the place is or is not actually vested in the Government.

Addition, deletion or amendment of the Schedule

Section 2 — AKTA RAHSIA RASMI 1972 | mylaw.my