Malaysia legislation

Section 8

of OFFICIAL SECRETS ACT 1972

Section 8

Wrongful communication, etc., of official secret

(a)

relates to or is used in a prohibited place or relates to anything in such a place;

(b)

relates to munitions of war and to other apparatus, equipment and machinery which are used in the maintenance of the safety and security of Malaysia;

(c)

has been made or obtained in contravention of this Act;

(d)

has been entrusted in confidence to him by any public officer; or

(e)

he has made or obtained, or to which he has had access, owing to his position as a person who holds or has held office in the public service, or as a person who holds, or has held a contract made on behalf of the Government, or as a person who is or has been employed by or under a person who holds or has held such an office or contract, does any of the following:

(i)

communicates directly or indirectly any such information or thing to any foreign country other than any foreign country to which he is duly authorized to communicate it, or any person other than a person to whom he is duly authorized to communicate it or to whom it is his duty to communicate it;

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(ii)

uses any such official secret or thing as aforesaid for the benefit of any foreign country other than any foreign country for whose benefit he is duly authorized to use it, or in any other manner prejudicial to the safety or interests of Malaysia;

(iii)

retains in his possession or control any such thing as aforesaid when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with all lawful directions issued by lawful authority with regard to the return or disposal thereof; or

(iv)

fails to take reasonable care of, or so conducts himself as to endanger the safety or secrecy of, any such official secret or thing, he shall be guilty of an offence punishable with imprisonment for a term not less than one year but not exceeding seven years.

(2)

If any person receives any official secret or any secret official code word, countersign or password knowing or having reasonable ground to believe at the time when he receives it, that the official secret, code word, countersign or password is communicated to him in contravention of this Act, he shall, unless he proves that the communication to him of the official secret, code word, countersign or password was contrary to his desire, be guilty of an offence punishable with imprisonment for a term not less than one year but not exceeding seven years.

Unauthorized use of uniforms, falsification of reports, forgery, personation and false documents