OFFICIAL SECRETS ACT 1972
(Act 88)
ARRANGEMENT OF SECTIONS
1. Short title
2. Interpretation
2a. Addition, deletion or amendment of the Schedule
2b. Appointment of public officer to classify official document, etc.
2c. Declassification of official secret by a Minister or a public officer
3. Penalties for spying
4. Prohibition of taking or making any document, measurement, sounding or survey of or within a
prohibited place
5. Penalty for making or assisting in making false declarations or statements in obtaining permits
6. Special power of the court to direct search and seizure
7. Prohibition from carrying photographic apparatus
7a. Duty to report request for information, etc.
7b. Placing in confidence of foreign agent
8. Wrongful communication, etc., of official secret
9. Unauthorized use of uniforms, falsification of reports, forgery, personation and false documents
10. Interfering with police officers or members of the armed forces
11. Duty to give information
12. Power to require the production of messages
13. Harbouring
14. Attempts, incitements, etc.
15. Restrictions on prosecutions
16. Burden of proof and presumptions
16a. Certificate by a public officer to be conclusive evidence
17. Communications with foreign agents to be evidence of commission of certain offences
17a. Defence available to a public officer
18. Power to arrest
19. Powers of search and seizure
20. Special powers of investigation
21. Admission of statements in evidence
22. Evidence of accomplice
23. Examination of offenders
24. Protection of informers
25. Liability for offences outside Malaysia
26. Trial of offences
27. Exclusion of public during proceedings
28. Criminal liability of corporation or firm
29. Minister may confer police powers on suitable persons
30. Powers under Criminal Procedure Code not restricted
30a. Regulations
31. Repeal
SCHEDULE
An Act to revise and consolidate the law relating to the protection of official secrets.
1 October 1972
BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong
with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled,
and by the authority of the same, as follows:
1. Short title
This Act may be cited as the Official Secrets Act 1972.
2. Interpretation
(1) In this Act, unless the context otherwise requires—
“armed forces” includes—
(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;
“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 organization 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;
“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;
(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.
(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.
2a. Addition, deletion or amendment of the Schedule
The Minister may, from time to time, by order published in the Gazette, add to, delete from, or
amend any of the provisions of the Schedule hereto.
2b. Appointment of public officer to classify official document, etc.
A Minister, the Menteri Besar or the Chief Minister of a State may appoint any public officer by
a certificate under his hand to classify any official document, information or material as “Top
Secret”, “Secret”, “Confidential” or “Restricted”, as the case may be.
2c. Declassification of official secret by a Minister or a public officer
A Minister or public officer charged with any responsibility in respect of any Ministry,
department or any public service or the Menteri Besar or the Chief Minister of a State or the
principal officer in charge of the administrative affairs of a State may, at any time, declassify any
document specified in the Schedule or any official document, information or material as may
have been classified and upon such declassification, the said document, information or material
shall cease to be official secret.
3. Penalties for spying
If any person for any purpose prejudicial to the safety or interest of Malaysia—
(a) approaches, inspects, passes over or is in the neighbourhood of, or enters any
prohibited place;
(b) makes any document which is calculated to be or might be or is intended to be
directly or indirectly useful to a foreign country;
(c) 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.
4. Prohibition of taking or making any document, measurement, sounding or survey of
or within a prohibited place
(1) If any person takes or makes any document, measurement, sounding or survey of or
within a prohibited place, he shall, unless he proves that the thing so taken or made is not
prejudicial to the safety or interests of Malaysia and is not intended to be directly or indirectly
useful to a foreign country, be guilty of an offence punishable with imprisonment for a term not
less than one year but not exceeding fourteen years.
(2) (a) It shall not be an offence under subsection (1) to take or make, outside a
prohibited place a photograph or drawing in which such place or part thereof is included, unless
it is proved that the photograph or drawing is intended to be prejudicial to the safety or interests
of Malaysia or to be directly or indirectly useful to a foreign country.
(b) Paragraph (a)shall not apply to the taking or making of a photograph or drawing
from an aircraft.
(3) (a) It shall not be an offence to take or make any document, measurement, sounding
or survey if such taking or making is done with the prior written permission of the competent
authority.
(b) In granting such written permission, the competent authority may impose as a
condition that anything so taken or made must immediately be submitted to the
competent authority for examination. The competent authority, if satisfied that
there is reasonable cause to believe that the thing so taken or made contains
matter or information prejudicial to the safety or interests of Malaysia and directly
or indirectly useful to a foreign country, may order that the document be forfeited
or that any part of such document be obliterated, erased or removed.
5. Penalty for making or assisting in making false declarations or statements in
obtaining permits
If any person makes or assists in making a declaration or statement false in any material respect
for the purpose of obtaining permission under section 4(3)(a) from a competent authority he
shall be guilty of an offence punishable with a fine not exceeding two thousand ringgit.
6. Special power of the court to direct search and seizure
(1) If any court is satisfied that there is reasonable cause to believe that a 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, the court may issue a search warrant to
search for and seize such document even though an offence under this Act is not alleged to have
been committed.
(2) 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.
7. Prohibition from carrying photographic apparatus
(1) If any person within any prohibited place carries or has in his possession or under his
control any photographic apparatus otherwise than with lawful authority or for a lawful purpose
he 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.
(2) In a prosecution for an offence under subsection (1) the onus of proving the existence of
a lawful purpose shall be upon the accused.
(3) 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.
(4) 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.
7a. Duty to report request for information, etc.
(1) Any person who is in any manner whatsoever approached by any other person whether
directly or indirectly to obtain for or supply that other person any official secret or any secret
official code word, countersign or password which—
(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,
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.
(2) 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.
7b. Placing in confidence of foreign agent
Any person who does any act so as to place or likely to place himself in the confidence of any
foreign agent shall be guilty of an offence punishable with imprisonment for a term not less than
one year but not exceeding five years.
8. Wrongful communication, etc., of official secret
(1) If any person having in his possession or control any official secret or any secret official
code word, countersign or password which—
(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;
(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.
9. Unauthorized use of uniform, falsification of reports, forgery, personation and false
documents
(1) If any person gains or assists any other person to gain admission to a prohibited place
otherwise than by an authorized point of entry or for the purpose of gaining admission, or of
assisting any other person to gain admission, to a prohibited place, or for any other purpose
prejudicial to the safety or interests of Malaysia—
(a) 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;
(b) makes use of any disguise or false name, or knowingly conceals his identity or
nationality;
(c) 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;
(d) 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;
(e) 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
(f) 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.
(2) If any person for any purpose prejudicial to the safety of Malaysia—
(a) retains any official document, whether or not completed or issued for use, when
he has no right to retain it, or when it is contrary to his duty to retain it, or fails to
comply with any directions issued by any public service or any person authorized
by such public service with regard to the return or disposal thereof;
(b) allows any other person to have possession of any official document issued for his
use alone, or communicates any secret official code word, countersign or
password so issued, or, without lawful authority or excuse, has in his possession
any official document or secret official code word, countersign or password
issued for the use of some person other than himself;
(c) on obtaining possession of any official document by finding or otherwise,
neglects or fails to restore it to the person or authority by whom or for whose use
it was issued, or to the Chief Police Officer;
(d) without lawful authority or excuse, manufactures or sells, or has in his possession
for sale, any such key, badge, device, die, seal or stamp; or
(e) with intent to obtain an official document, secret official code word, countersign
or password, whether for himself or for any other person, knowingly makes any
false statement,
he shall be guilty of an offence punishable with imprisonment for a term not less than one year
but not exceeding seven years.
10. Interfering with police officers or members of the armed forces
If any person who is within or in the vicinity of any prohibited place, obstructs, misleads or
otherwise interferes or impedes any police officer or any member of the armed forces engaged
on duty in relation to the prohibited place, 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.
11. Duty to give information
(1) If any person who has any information relating to an offence or suspected offence under
this Act fails—
(a) to give, on demand, such information; or
(b) to attend at such reasonable time and place to give such information,
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
(cc) any public officer authorized by the Minister,
he shall be guilty of an offence punishable with imprisonment for a term not less than one year
but not exceeding seven years.
(2) 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.
12. Power to require the production of messages
(1) Where it appears to the Minister that such a course is expedient, he may by warrant
under his hand, require any person who owns or controls any telecommunications, used for
sending or receipt of messages to or from any place out of Malaysia, to produce to him or to any
person named in the warrant, the originals and transcripts of any message or messages sent from
or addressed to any specified persons or place, sent to or received from any place out of
Malaysia by means of such telecommunication and all other papers relating to such message.
(2) 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.
(3) 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.
13. Harbouring
(1) If any person who knows, or has reasonable grounds for suspecting that another person
is about to commit or has committed an offence under this Act—
(a) harbours that other person; or
(b) 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.
(2) If any person—
(a) who has harboured or has permitted to meet or assemble as stated in subsection
(1); and
(b) who has information in his power relating to such persons,
fails to disclose on demand such information to a police officer not below the rank of Inspector,
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.
(3) 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.
14. Attempts, incitements, etc.
If any person—
(a) attempts to commit an offence under this Act;
(b) solicits or incites or endeavours to persuade or conspires with another person to
commit an offence under this Act; or
(c) 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.
15. Restrictions on prosecutions
(1) Any prosecution for an offence under this Act shall not be instituted except by or with
the consent of the Public Prosecutor.
(2) 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.
(3) 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.
16. Burden of proof and presumptions
In any prosecution for an offence under this Act, unless the context otherwise requires—
(1) 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;
(2) 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
(3) 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.
16a. Certificate by a public officer to be conclusive evidence
A certificate by a Minister or a public officer charged with any responsibility in respect of any
Ministry, department or any public service or the Menteri Besar or the Chief Minister of a State
or by the principal officer in charge of the administrative affairs of a State certifying to an
official document, information or material that it is an official secret shall be conclusive
evidence that the document, information or material is an official secret and shall not be
questioned in any court on any ground whatsoever.
17. Communications with foreign agents to be evidence of commission of certain
offences
(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) (Repealed 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.
17a. Defence available to a public officer
Any person who is charged with any offence under this Act shall not be convicted if he proves
that he did any such thing in the performance of his official duties or with proper authority.
18. Power to arrest
(1) If any person is found committing an offence under this Act or is reasonably suspected
of having committed, or has attempted to commit, or is about to commit, such an offence, he
may be arrested without a warrant.
(2) 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.
19. Powers of search and seizure
(1) Whenever it appears to any Magistrate upon information and after such inquiry as he
thinks necessary that there is reasonable cause to believe that in any place there is any evidence
of the commission of an offence under this Act, he may, by warrant directed to any police officer
empower such officer to enter such place, by force if necessary, and there to search for, seize and
detain any such evidence.
(2) 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.
20. Special powers of investigation
(1) Notwithstanding anything in any other law contained, the Public Prosecutor, if satisfied
that there are reasonable grounds for suspecting that an offence under this Act has been, or is
about to be, committed by any person, may by order authorize any police officer not below the
rank of Assistant Superintendent named in such order to make an investigation in the matter in
such manner or mode as may be specified in such order. Such order may authorize the
investigation of any bank account or any other account or any article or any document which
may be with any person or at any place and shall be sufficient authority for the disclosure or
production by any person of all or any information or accounts or articles or documents as may
be required by the officer so authorized.
(2) 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.
(3) 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.
(4) For the purpose of this section—
“bank” includes—
(a) any bank licensed under the Banking and Financial Institutions Act 1989 [Act
372];
(b) any co-operative society registered under any written law relating to co-operative
societies;
(c) the Bank Simpanan Nasional;
(d) any finance companies registered under the Banking and Financial Institutions
Act 1989; and
“banker’s book” includes ledgers, day books, cash books, account books and all other books and
documents used in the ordinary course of the business of the bank.
21. Admission of statements in evidence
(1) Where any person is charged with any offence against this Act any statement, whether
such statement amounts to a confession or not or is oral or in writing, made at any time, whether
before or after such person is charged and whether in the course of a police investigation or not
and whether or not wholly or partly in answer to questions, by such person to or in the hearing of
any police officer of or above the rank of Inspector and whether or not interpreted to him by any
other police officer or any other person concerned, or not, in the arrest, shall notwithstanding
anything to the contrary contained in any written law, be admissible at his trial in evidence and,
if such person tenders himself as a witness, any such statement may be used in
cross-examination and for the purpose of impeaching his credit.
(2) No such statement shall be admissible or used—
(a) if the making of the statement appears to the court to have been caused by any
inducement, threat or promise having reference to the charge against such person,
proceeding from a person in authority and sufficient in the opinion of the court to
give such person grounds which would appear to him reasonable for supposing
that by making it he would gain any advantage or avoid any evil of a temporal
nature in reference to the proceeding against him; or
(b) in the case of a statement made by such person after his arrest, unless the court is
satisfied that a caution was administered to him in the following words or words
to the like effect:
“It is my duty to warn you that you are not obliged to say anything or to answer any question,
but anything you say, whether in answer to a question or not, may be given in evidence.”.
(3) 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.
(4) Notwithstanding anything to the contrary contained in any written law a person accused
of an offence to which subsection (1) applies shall not be bound to answer any questions relating
to such case after such caution has been administered to him.
(5) 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.
22. Evidence of accomplice
Notwithstanding any rule of law or written law to the contrary, no witness shall, in any trial or
inquiry by a court in respect of an offence under this Act, be presumed to be unworthy of credit
by reason only of being an accomplice in relation to such offence.
23. Examination of offenders
(1) Whenever two or more persons are charged with any offence under this Act the court
may require one or more of them to give evidence as a witness or witnesses for the prosecution.
(2) 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.
(3) Every person required to give evidence under subsection (1), 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.
24. Protection of informers
(1) Except as hereinafter provided, no complaint as to an offence under this Act shall be
admitted in evidence in any civil or criminal proceedings whatsoever, and no witness shall be
obliged or permitted to disclose the name or address of any informer, or state any matter which
might lead to his discovery.
(2) If any documents which are in evidence or liable to inspection in any civil or criminal
proceedings whatsoever contain any entry 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.
(3) 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 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 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.
25. Liability for offences outside Malaysia
(1) The provisions of this Act shall, in relation to citizens, permanent residents of Malaysia
and to persons (whether citizens or not) who hold or have at any time held office in a public
service, have effect outside as well as within Malaysia; and when an offence under this Act is
committed in any place outside Malaysia by any citizen, permanent resident or by any person
(whether a citizen or not) who holds or had at any time held office in a public service, he may be
dealt with in respect of such offence as if it had been committed at any place within Malaysia at
which he may be found.
(2) 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.
26. Trial of offences
For the purposes of the trial of a person for an offence under this Act, the offence shall be
deemed to have been committed either at the place in which the same actually was committed, or
any place in Malaysia in which the offender may be found.
27. Exclusion of public during proceedings
In addition and without prejudice to any powers which a court may possess to order the
exclusion of the public from any proceedings, if, in the course of proceedings before a court
against any person for an offence under this Act or in the course of the proceedings on appeal, or
in the course of the trial of a person for an offence under this Act, application is made by the
prosecution, on the ground that the publication of any evidence to be given or of any statement to
be made in the course of the proceedings would be prejudicial to the safety of Malaysia, that all
or any portion of the public shall be excluded during any part of the hearing, the court may make
an order to that effect, but the passing of sentence shall in any case take place in public.
28. Criminal liability of corporation of firm
Where the person guilty of an offence under this Act is a company or corporation or a member or
servant of a partnership or firm, every director and officer of the company or corporation or
every member of the partnership or firm (as the case may be) shall be guilty of the like offence
unless he proves that the act or omission constituting the offence took place without his
knowledge, consent or connivance and that he exercised such diligence to prevent the
commission of the offence as he ought to have exercised having regard to the nature of his
functions and to all other circumstances.
29. Minister may confer police powers on suitable persons
The Minister may confer upon any person whom he deems fit and suitable, the powers of a
police officer not below the rank of Inspector for the purposes of this Act.
30. Powers under Criminal Procedure Code not restricted
Nothing in this Act shall be deemed to limit or restrict any powers conferred by the Criminal
Procedure Code [Act 593].
30a. Regulations
The Minister may make regulations to carry out the purposes of this Act and, without prejudice
to the generality of the foregoing words, may—
(a) prescribe the manner of classifying information, documents and other materials;
(b) prescribe the procedure for handling, storage and delivery of official documents
and other information;
(c) prescribe the manner of disposing waste official documents;
(d) prescribe the manner of communication of official information;
(e) prescribe all other matters necessary to protect the safety or secrecy of any
information or thing;
(f) 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
(g) provide for the compounding of any of such offences.
31. Repeal
(1) The Official Secrets Ordinance 1950 of the States of Malaya [F.M. 15 of 1950] and the
Official Secrets Ordinance of Sabah [Cap.90] are hereby repealed.
(2) 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.
Schedule
[Section 2a]
Cabinet documents, records of decisions and deliberations including those of Cabinet
committees;
State Executive Council documents, records of decisions and deliberations including
those of State Executive Council committees;
Documents concerning national security, defence and international relations.
