OFFICIAL SECRETS ACT 1972

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

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;

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—

any map, plan, model, graph or drawing;

any photograph;

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

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—

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;

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;

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

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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—

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

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

any statutory authority exercising powers vested in it by

Federal or State law;

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

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

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

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

approaches, inspects, passes over or is in the neighbourhood of, or enters any prohibited place;

makes any document which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign country;

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obtains, collects, records, publishes or communicates to any other person any secret official code word, countersign, password or any article, document or information which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign country, he shall be guilty of an offence punishable with imprisonment for life.

Prohibition of taking or making any document, measurement, sounding or survey of or within a prohibited place

Where a document required to be seized under a search warrant issued under subsection (1) is so seized or is voluntarily produced by the person in whose possession it is, it shall be sent by the court to the competent authority which may, if it considers that the document contains matter or information prejudicial to the safety or interests of Malaysia and directly or indirectly useful to a foreign power or to an enemy, order the document to be forfeited, or order that any part of such document be obliterated, erased or removed.

Prohibition from carrying photographic apparatus

In a prosecution for an offence under subsection (1) the onus of proving the existence of a lawful purpose shall be upon the accused.

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A photographic apparatus shall be presumed to be carried with lawful authority if it is carried in connection with the performance of his duty by a police officer or member of the armed forces employed on guard, security patrol or other similar duty.

Any photographic apparatus in respect of which any offence under this Act has been or is suspected of having been committed may be seized by any police officer or by the competent authority or by any person duly authorized in that behalf by the competent authority and any photograph, plate, film negative or tape or other device in or belonging to such apparatus may also be seized and may be subjected to such process of development as the police officer or competent authority may direct either generally or in any particular case.

Duty to report request for information, etc.

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

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;

has been made or obtained in contravention of this Act;

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

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, otherwise than in the course of his duty, shall immediately report such communication to a police officer of the rank of Inspector or above, and if he is a public officer it shall be sufficient for him to report in writing to the head of the department of such public officer.

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Any person who fails to comply with the requirement of subsection (1) shall be guilty of an offence punishable with imprisonment for a term not less than one year but not exceeding five years.

Placing in confidence of foreign agent

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

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;

has been made or obtained in contravention of this Act;

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

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:

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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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

uses or wears, without lawful authority, any naval, military, air force, police or other official uniform, or any uniform so nearly resembling the same as to be likely to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform;

makes use of any disguise or false name, or knowingly conceals his identity or nationality;

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orally, or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or any omission;

forges, alters, tampers with, disposes of or destroys any passport or any naval, military, air force, police or official pass, permit, certificate, licence or other document of a similar character (hereinafter in this section referred to as an “official document”), or uses or has in his possession any such forged, altered, or irregular official document;

personates, or falsely represents himself to be, a person holding office or in the employment of a person holding office in the public service, or personates, or falsely represents himself to be or not to be, a person to whom an official document or secret official code word, countersign or password has been duly issued or communicated; or

uses, or has in his possession or under his control, without the authority of the public service concerned, any key, badge, device, die, seal, stamp or official paper of or belonging to, or used, made or provided by any public service or by any diplomatic, naval, military or air force authority appointed by or acting under the authority of the Government, or any key, badge, device, die, seal or stamp so nearly resembling any such articles as aforesaid as to be likely to deceive, or counterfeits any such articles as aforesaid, or uses, or has in his possession, or under his control, any such counterfeited articles, he shall be guilty of an offence punishable with a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding seven years or with both.

If any person for any purpose prejudicial to the safety of

Malaysia—

to give, on demand, such information; or

to attend at such reasonable time and place to give such information,

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when required to do so by—

(aa) any police officer above the rank of Inspector;

(bb) any member of the armed forces employed on guard, sentry, patrol or other similar duty; or

Before requiring a person to attend at such place and time, the police officer or member of the armed forces shall tender to him a sum which is reasonable for his expenses.

Power to require the production of messages

If any person, on being required to produce such original or transcript or paper, refuses or neglects to do so or mutilates or destroys the same, he shall be guilty of an offence punishable with imprisonment for a term not less than one year but not exceeding seven years.

In this section the expression “message” and

“telecommunication” shall have the same meaning as in the law relating to telecommunications for the time being in force.

Harbouring

harbours that other person; or

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permits those other persons to meet or assemble in any premises in his occupation or under his control, he shall be guilty of an offence punishable with imprisonment for a term not less than one year but not exceeding seven years.

If any person—

In this section the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance or the assisting a person in any way to commit an offence under this Act.

Attempts, incitements, etc.

attempts to commit an offence under this Act;

solicits or incites or endeavours to persuade or conspires with another person to commit an offence under this Act;

or

aids, or abets or does any act preparatory to the commission of an offence under this Act, he shall be liable to the same punishments, and to be proceeded against in the same manner, as if he had committed the offence.

Restrictions on prosecutions

Notwithstanding that the consent of the Public Prosecutor has not been obtained, a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed.

Such person may be remanded in custody or on bail, but the case shall not be further prosecuted until the consent has been obtained.

When a person is brought before a court before the Public

Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead, and the law for the time being in force relating to criminal procedure shall be modified accordingly.

Burden of proof and presumptions

it shall not be necessary to show that the accused person was guilty of a particular act tending to show a purpose prejudicial to the safety or interests of Malaysia;

notwithstanding that no act as stated in subsection (1) is proved against him, the accused person may be convicted if, from the circumstances of the case, his conduct or his known character as proved it appears that his purpose was a purpose prejudicial to the safety or interests of Malaysia; and

if any documents, articles or information relating to or used in any prohibited place or anything in such a place, or any secret official code word, countersign or password, is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, it shall be presumed until the contrary is proved, to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of Malaysia.

Certificate by a public officer to be conclusive evidence

For the purpose of this section, but without prejudice to the generality of the foregoing provision—

Without limiting the generality of subsection (1), if any person in a prohibited place is found offending or suspected of offending against this Act he may be arrested with or without a warrant, by a police officer or any member of the armed forces and shall be brought forthwith before a Magistrate to be dealt with according to law.

Powers of search and seizure

Whenever it appears to any police officer not below the rank of Inspector that there is reasonable cause to believe that in any place there is concealed or deposited any evidence of the commission of an offence under this Act, or of any prescribed offence, and such police officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the object of the search is likely to be frustrated, he may exercise in and in respect of such place all the powers mentioned in subsection (1)

in as full and ample a measure as if he were empowered to do so by warrant issued under such subsection.

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Special powers of investigation

Any person who fails or refuses to disclose such information or to produce such accounts or articles or documents to the person so authorized shall be guilty of an offence punishable with a fine not exceeding two thousand ringgit or imprisonment for a term not exceeding one year or with both.

An authorization to a police officer under subsection (1) to investigate a bank account shall be deemed to include an authorization to inspect any banker’s book considered relevant by the police officer so authorized, and such police officer may, at all reasonable times, enter the bank specified in such order and inspect such books kept therein and may take copies of any relevant entry in any such book.

For the purpose of this section—

“bank” includes—

No such statement shall be admissible or used—

Any statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of no such caution having been given if it has been given as soon as possible.

Notwithstanding anything to the contrary contained in any written law a person accused of an offence to which subsection

applies shall not be bound to answer any questions relating to such case after such caution has been administered to him.

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This section shall apply in relation to any person tried after the commencement of this Act, whether or not the proceedings against such person were instituted and whether or not the relevant statement was made before such commencement.

Evidence of accomplice

Any person referred to in subsection (1) who refuses to be sworn or to answer any lawful question shall be dealt with in the same manner as witnesses so refusing may by law be dealt with by a court.

Every person required to give evidence under subsection

, who in the opinion of the court makes true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity from the court, under the seal of the court, stating that he has made a true and full discovery of all things as to which he was examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things.

Protection of informers

If any documents which are in evidence or liable to inspection in any civil or criminal proceedings whatsoever contain any entry

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in which any informer is named or described or which might lead to his discovery, the court before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further.

If in any proceeding relating to any offence under this Act or any prescribed offence the court, after full inquiry into the case, is of the opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or is of the opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.

Liability for offences outside Malaysia

Any proceeding against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in Malaysia shall be a bar to further proceedings against him under any written law relating to extradition or the surrender of fugitive criminals in force in Malaysia.

Trial of offences

prescribe the manner of classifying information, documents and other materials;

prescribe the procedure for handling, storage and delivery of official documents and other information;

prescribe the manner of disposing waste official documents;

prescribe the manner of communication of official information;

prescribe all other matters necessary to protect the safety or secrecy of any information or thing;

provide for offences and penalties not exceeding a fine of five thousand ringgit or imprisonment not exceeding one year for the contravention of any provision of the regulations; and

provide for the compounding of any of such offences.

Repeal

The Official Secrets Act 1911 [1 and 2 Geo. 5. c. 28] and the Official Secrets Act 1920 [10 and 11. Geo. 5. c. 75], both of the United Kingdom, in so far as they have effect in Sarawak or any other part of Malaysia, with or without modification, are hereby repealed.