Skip to content

Section 17

Communications with foreign agents to be evidence of commission of certain offences

of Official Secrets Act 1972

ActIn forceProvision 22 of 38
Section 17
(1)

In any prosecution for an offence under this Act, the fact that a person has been in communication with, or attempted to communicate with, a foreign agent, whether within or without

Malaysia, shall be evidence that he has, for a purpose prejudicial to the safety or interests of Malaysia, obtained or attempted to obtain or to communicate information which is likely to be or might be or is calculated to be or is intended to be directly or indirectly useful to a foreign power or to an enemy.

(2)

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

(a)

a person shall, unless he proves the contrary, be presumed to have been in communication with a foreign agent if—

(i)

he has, either within or without Malaysia, visited the address of a foreign agent or consorted or associated with a foreign agent; or

(ii)

either, within or without Malaysia, the name or address of, or any other information regarding, a foreign agent has been found in his possession or control or has been supplied by him to any other person, or has been obtained by him from any other person;

(b)

(Deleted by Act A573);

(c)

any address, whether within or without Malaysia, reasonably suspected of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of a foreign agent, and communications addressed to such an address to be communication with a foreign agent.

Official Secrets 21