Official Secrets Act 1972

Original Language Title: Official Secrets Act 1972

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WM laws of MALAYSIA Act 88 PRINT the OFFICIAL SECRETS ACT 1972 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 88 the OFFICIAL SECRETS ACT 1972 Royal Assent Date......... 26 September 1972 the date of publication in the Gazette of ... ... more 30 September 1972 REPRINT BEFORE Reprinting the first............ 1983 Second Reprinting............ 1988 the third Re-printing............ 1994 the fourth Reprinting............ 1999 official secrets 3 laws of MALAYSIA Act 88 the OFFICIAL SECRETS ACT 1972 ARRANGEMENT of SECTIONS section 1. Short title 2. Interpretation of 2A. Add, delete or amend Table 2B. The appointment of public officers to classify official, etc.
2 c. Reclassification of official secrets by the Minister or public officer 3. 4. Penalty for spying Prohibition of taking or making any document, size, pemeruman or surveys on or in any place prohibitions 5. Penalties for manufacture or help make a false statement or declaration for permit 6. Special powers of the Court to direct the search and seizure 7. The ban brings the appliance photography 7A. Obligation to report the request for information, etc.
7B. Put into trust foreign agent 8. Deliver, etc., official secrets with wrong 9. Using uniform without authority, falsify reports, fraud, false documents and penyamardirian 10. Interfere with the police officer or member of the armed forces 11. Duty to provide information 12. Authority to require message submitted 13. Cover 14. Trial, pengapian, etc.
15. Restrictions on prosecution 4 laws of Malaysia ACT 88 16. The burden of proof and presumption 16A. Declaration by public officers shall be conclusive evidence 17. Relations with foreign countries shall be evidence of the occurrence of certain offences 17A. A defence available to a public officer 18. Power to arrest 19. Authority to search and seize 20. Special powers of investigation 21. Receive disclosures as evidence 22. The evidence of accomplices 23. Examination of offenders 24. The whistleblower protection 25. The liability for an offence outside Malaysia 26. The trial of the offence of 27. Members of the public are not allowed to be present during the proceedings 28. Criminal liability by the Corporation or firm 29. The Minister may give police authority to the appropriate 30. Powers under the criminal procedure code not blocked 30A. Regulations 31. Repeal SCHEDULE Section 5 official secrets laws of MALAYSIA Act 88 the OFFICIAL SECRETS ACT 1972 an act to revise and consolidate the law relating to the protection of official secrets.
[1 October 1972]
BE IT enacted by the 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: short title 1. This Act may be cited as the Official Secrets Act 1972.
Interpretation 2. In this Act, unless the context otherwise requires — "armed forces" includes — (a) a regular armed forces or voluntary Malaysia whether in Malaysia or outside Malaysia;
(b) a regular armed forces or volunteer of a foreign country or any territory outside Malaysia assigned on or conducting joint maneuvers with any Malaysian armed forces either in Malaysia or outside Malaysia;
(c) a visitor armed forces within the meaning of any law for the time being regulating armed visitor there in Malaysia legally on the side of the law;
"materials" includes any equipment, tools or objects;
"substance" includes any goods or materials;
6 laws of Malaysia ACT 88 "foreign agent" includes any person suspected, had been suspected or reasonably practicable, suspected to have been employed by a foreign country or any body in or outside Malaysia either directly or indirectly for the purpose of committing an Act, whether within or outside Malaysia, prejudicial to the safety or interests of Malaysia , or which have or with its reasonable suspected had, whether within or outside Malaysia, committing or attempting to commit, an act like that in the interest of a foreign country;
"positions in the public service" includes an Office or employment in or under a public service;
"warlike equipment" includes the whole or any part of a ship, submarines, ships, tanks, air or similar engines, weapons and ammunition, bombs, torpedo or a mine, intended or matched for use in war, and any article, material, equipment or other tools, whether actual or proposed, intended for such use;
"Government" means the Government of Malaysia or the Government of a State;
"an offence under this Act" includes an Act, omission or other matter punishable under this Act;
"foreign country" means a country independent and sovereign and includes any colony, protectorate or dominion of that country;
"public officer" means a person who holds an Office or employment in or under a public service;
"police officer" includes any person thereto authorized a police officer not below the rank of Inspector by the Minister under section 29;
Official Secrets 7 "appliance photography" means an appliance for taking or making photographs, movies, negative, tape or other device containing one or more images that can be seen to be able to (with or without the assistance of an equipment etc.) made a copy thereof and includes any part of the appliance components;
"public service" means — (a) any public service referred to in article 132 of the Constitution including a Ministry, a Government Department, or a court;
(b) a Council of city, Township, Town Council or local authority;
(c) a statutory authority which exercise of the powers vested in them by law federal or State;
(d) any person, tribunal, body, institution or authority declared by the Minister by order published in the Gazette as a public service for the purposes of this definition; and (e) in the event of war, a Department of the Government of a state affiliate of Malaysia;
"competent authority" means a competent authority appointed by the Minister by order published in the Gazette in respect of any one place prohibition or more or any prohibited place class;
"official secrets" means any land described in the schedule and any information and materials related to it and includes any official documents, information and other materials as may be classified as "top secret", "secret", "Confidential" or "Limited", as the case may be, by a Minister, the Menteri Besar or Chief Minister of a State or any public officer appointed under section 2B;
"official" relates to the public service;
8 laws of Malaysia ACT 88 "document" includes, in addition to a document in writing and a portion of a document — (a) a map, plan, model, graphs or drawings;
(b) a photograph;
(c) any disc, tape, sound track or other device containing a voice or other data (not being visible image) so as to be (with or without the assistance of an equipment etc.) made copies thereof; and (d) a film, negative, tape or other device containing one or more images that can be seen to be able to (as mentioned above) made copies thereof;
"forbidden areas" means — (a) a defence work, warehouse weapons, place the Navy, army or public place air force, berek, camps or stations, factories, shipbuilding, aircraft course, mine, mine, ship or air vessels owned or occupied by or on behalf of the Government or a station or Office of Telegraph, telephone, wireless or signal that owned or occupied as such, and a place that owned or occupied by or on behalf of the Government and used for the purpose of setting up , repair, make, give it a try, testing or storage of any equipment of war, or any photographs, drawings, plans, models or documents related to it, or for the purpose of obtaining or saving any metal, oil, spirit or spirit kejenteraan transport flight or minerals useful in time of war;
(b) a place that does not belong to the Government whose warlike equipment, oil, spirit, spirit kejenteraan transport flight, fuel or supplies or any documents related to it, are being made, repaired, be retrieved or stored in accordance with a contract with the Government or with someone on behalf of the Government, or by any other means on behalf of the Government;
(c) a camp, berek or places where people prisoners, members of the armed forces, foreigners taken prisoner or detainee detained;
Official Secrets 9 (d) a place for the time being declared by the Minister by order published in the Gazette as a prohibition for the purposes of this Act.
(2) in this Act, unless the context otherwise requires, the expression in respect of —

(a) deliver, receive, obtain, store, collect, record or broadcast including anything acts deliver, receive, obtain, store, collect, record or broadcast either in total or in part and whether the objects, documents or information itself or the content, or only evil or delivered, received, obtained, collected, stored, recorded or broadcast;
(b) obtaining or saving an article or document include copying or cause copied the whole or a part of an article or document it; and (c) the presentation of an article or document including the transfer or transmission, or broadcasting, the whole or any part of an article or document.
(3) in this Act, unless the context otherwise requires, any reference to a place owned by the Government include a place that is owned or occupied by any Department of the Government, whether the place is actually or not actually vested in the Government.
Add, delete or amend Table 2A. The Minister may, from time to time, by order published in the Gazette, add to, delete or amend any of the provisions of the Schedule to this Act.
The appointment of public officers to classify official, etc.
2B. a Minister, the Menteri Besar or Chief Minister of a State may appoint any public officer by a certificate under his hand to classify any 10 laws of Malaysia ACT 88 official document, information or material as "top secret", "secret", "Confidential" or "Restricted" as the case may be.
Reclassification of official secrets by the Minister or public officer 2 c. Any person the Minister or public officer charged with any responsibility of any Ministry, Department or any public service or the Menteri Besar or Chief Minister of a State or the Chief Officer in charge of the Administrative Affairs of a State may, at any time, reclassify any land described in the schedule or any official document, information or material as may have been classified and after reclassification of the , document, information or the material shall cease to be official secrets.
Penalty for spying on 3. If, for any purpose prejudicial to the safety or interest of Malaysia, a person — (a) approaching, examine, across or be around or enters a prohibited place;
(b) make a document which is calculated to be or might be or is intended to be useful, directly or indirectly, to a foreign country;
(c) obtain, collect, record, publish or deliver to another person something in return signal, code word or password official secrets, or any article, document or information that is calculated to be or might be or is intended to be useful, directly or indirectly, to a foreign country, the person is guilty of an offence punishable with imprisonment for life.
Prohibition of taking or making any document, size, pemeruman or surveys on or in any place prohibition 4. (1) If a person take or make any document, size, pemeruman or surveys on or in an Official Secret place 11 Prohibition, he commits an offence punishable with imprisonment for a term not less than one year but not more than fourteen years, unless he proves that something is taken or made shall prejudice the security or the interests of Malaysia and not meant to be useful, directly or indirectly, to a foreign country.
(2) (a) it shall not be an offence under subsection (1) taking or making, outside a place of prohibition, a photograph or drawing that contains the place or sesebahagian thereof, unless it is proved that the drawings or photographs intended to harm the security or the interests of Malaysia or be useful directly or indirectly to a foreign country.
(b) paragraph (a) shall not apply to the acquisition or manufacture of a photograph or drawing of an air vessel.
(3) (a) it shall not be an offence to take or make any document, size, pemeruman or work of survey if the intake or manufacturing is done with the prior written consent of the competent authorities.
(b) in providing the written consent, the competent authority may impose as a condition that anything taken or made such must be communicated immediately to the competent authority for inspection. The competent authorities, if satisfied that there is reasonable cause to believe that taken or made such contains subject or information prejudicial to the safety or interests of Malaysia and useful directly or indirectly to a foreign country, may order the seized documents or any part thereof is deleted, deleted or removed.
Penalties for manufacture or help make a false statement or declaration for permit 5. If someone make or help make a declaration or statement that is false as to any material matters for the purpose you want to obtain permission under paragraph 4 (3) () of an authority which is competent, he's 12 laws of Malaysia ACT 88 commits an offence punishable by a fine not exceeding two thousand ringgit.
Special powers of the Court to direct the search and seizure of 6. (1) where a court is satisfied that there is reasonable cause to believe that a document contains matters or information prejudicial to the safety or interests of Malaysia and useful directly or indirectly to a foreign power or to an enemy, the Court can issue a search warrant to search and seize documents is even an offence under this Act is not said to have been done.
(2) where a document required to be seized under a search warrant issued under subsection (1) shall be seized or voluntary submission by those who have it, the documents shall be sent by the Court to the competent authorities and if the competent authorities are of the opinion that the document that contains the item or information prejudicial to the safety or interests of Malaysia and useful directly or indirectly to a foreign power or to an enemy , the competent authority may order the dilucuthakkan document, or any part thereof is deleted, deleted or removed.
The ban brings the appliance photography 7. (1) where a person is in a place forbidden to bring or have in his possession or under his control any appliance photography, except by the authority of a valid or legitimate for the purpose, he commits an offence punishable by a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or both of each.
(2) in a prosecution for an offence under subsection (1) the burden of proving the existence of a legitimate purpose shall be that of the accused.
Official Secrets 13 (3) a photographic apparatus shall be deemed to be brought under the authority of a valid if taken in connection with the exercise of his duties by a police officer or member of the armed forces on duty controller, perform the duties of the safety patrol or other similar obligations.
(4) any appliance of photography with which an offence under this Act has been committed or suspected to have been committed can be seized by a police officer or by a competent authority or by a person duly authorised for that purpose by the competent authority and any photographs, plates, negative film or tape or other devices in or to the appliance can also seized and may be subject to any process of completion as directed by a police officer or the competent authority either generally or in any particular case.
Obligation to report the request for information, etc.
7A. (1) any person in any other manner approached by any other person either directly or indirectly for getting to or provide to others that's something secret official code word, or something in return signal or password official secrets that — (a) relating to or used in a prohibited place or relating to anything in any such place;
(b) in relation to the war equipment and appliances, equipment and other machinery used in maintaining peace and security;
(c) has been made or obtained in contravention with this Act;
(d) has been entrusted to him as the secret by a public officer; or (e) has made or considered, or that he has access to it, due to its position as one who holds or has held positions in the public service, or as a person who holds or has held a contract made 14 laws of Malaysia ACT on behalf of 88, or as a person who works or has been employed by or with a person who holds or has held the position of such contracts or ,

other than in the course of his duties, shall immediately report the relationship to police officer below the rank of inspector or higher, and if he is a public officer is sufficient for him to make a report in writing to the Chief public officer of the Department.
(2) a person who fails to comply with the requirements of subsection (1) commits an offence punishable with imprisonment for a term not less than one year but not more than five years.
Put into trust foreign agent 7B. A person who commits any act that itself is placed or may be placed in trust any foreign agent commits an offence punishable with imprisonment for a term not less than one year but not more than five years.
Deliver, etc., official secrets with one of 8. (1) If a person who has in his possession or control of a secret official code word, or something in return signal or password official secrets that — (a) relating to or used in a prohibited place or relating to anything in any such place;
(b) in relation to the war equipment and appliances, equipment and other machinery used in maintaining peace and security;
(c) has been made or obtained in contravention with this Act;
(d) has been entrusted to him as the secret by a public officer; or (e) has made or considered or he has access to it, due to its position as one who holds or has held the position of official secrets 15 of public service, or as a person who holds or has held a contract made on behalf of the Government, or as a person who works or has acquired, work with or under a person who holds or has held office or the contract , do any of the following — (i) deliver, directly or indirectly, of an information or the thing to a foreign country apart from foreign countries to which authorized an 87 or to someone other than the person to be empowered accordingly 87 or to which she obliged 87;
(ii) the use of an official secret or anything as mentioned above for the benefit of a foreign country apart from foreign countries that favour he is authorised to use it or in any other manner prejudicial to the safety or interests of Malaysia;
(iii) keep in the possession or control of any objects such as mentioned above when he was not entitled to keep it, or when being inconsistent with his duties for save it, or do not comply with all valid instructions issued by the lawfully constituted authority in respect of the return or disposal of the thing; or (iv) does not keep up with the appropriate way, or conduct up to harm security difficile or confidentiality, an official secret or anything as mentioned above, the person is guilty of an offence punishable with imprisonment for a term not less than one year but not more than seven years.
(2) If a person receives a secret official code word, or something in return signal, or password official secrets, knowing or there are reasonable grounds to believe, at the time he received it that, that official secrets, the Word code, signal return, or the password is delivered to him in contravention 16 laws of Malaysia ACT 88 with this Act, he is guilty of an offence punishable with imprisonment for a term not less than one year but not more than seven years , unless he proves that the official secrets, the Word code, signal return or password that was presented to him by not required by it.
Using uniform without authority, falsify reports, fraud, false documents and penyamardirian 9. (1) where one can check-in or assist another person to be able to get into a place of restriction in addition to the entrance or for the purpose of getting in, or to assist another person to be able to check-in, to a place of prohibition, or for any other purpose prejudicial to the safety or interests of Malaysia — (a) uses or wears, without lawful authority, any naval uniforms , army, air force, police or other official uniform, or any uniform almost similar until May to deceive, or with fake submit himself as one who is entitled to or has been entitled to use or wear any such uniform;
(b) use any pseudonyms or false name, or with a disedarinya hide identity or his race;
(c) orally or in writing in any declaration or application, or in a document signed by him or on his behalf, with disedarinya make or let made a false statement or an omission;
(d) forging, altering, disfigures, dispose of or destroy a passport or something passes, permit, certificate or official licence for the Navy, army, air force or police or such other documents (hereinafter in this section referred to as "official documents") or use or have in his possession a document officially falsified, altered or irregular it;
Official Secrets 17 (e) disguise themselves, or with fake submit himself, as someone who held office or working with someone who held office in the public service, or disguise themselves, or by submitting false as himself, or as not, one which has been issued or duly served an official document or Word code, signal return or official password secret; or (f) use, or have in his possession or under his control, without the authority of the public service may be, something key, badge, tool, mold, seal, mark or official papers for or belonging to or used, made or held by any public service or by an authority diplomatic, Naval, army or air force appointed by or acting under the authority of the Government , or any keys, badges, tool, mold, seal or stamp is almost similar to articles such as the above that up to may be deceiving, or melancungkan any article as mentioned above, or use, or have in his possession, or under his control, any thing lancungan that, he commits an offence punishable by a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
(2) If, for any purpose prejudicial to the safety or interest of Malaysia, a person — (a) keep an official document, whether or not completed or released for use, while he was not entitled to keep it, or while their carrying was inconsistent with its obligations, or fails to comply with any direction issued by a public service or a person authorized by the public service in respect of the return or disposal of the documents;
(b) allow someone else owns an official document issued to use one only, or convey a Word code, signal return 18 laws of Malaysia ACT 88 or official secret password issued such, or, without power or valid reasons, have in his possession of an official document or Word code, signal return or official secret password issued for use by someone other than himself;
(c) when an official document could have either discovered or otherwise, ignore or do not return them to the person or authority that has issued it or to use it has been removed, or to the Chief Police officer;
(d) without a valid reason or authority, make or sell, or have in his possession for sale, something key, badge, tool, mold, seal or stamp such; or (e) with the intention of you want to get an official document, the Word code, signal return or official secret password, either for himself or for another person, knowingly makes a false statement, he is guilty of an offence punishable with imprisonment for a term not less than one year but not more than seven years.
Interfere with the police officer or member of the armed forces 10. If a person who is in or near a place of prohibition preventing misleading or otherwise interfere or thwart a police officer or a member of the armed forces who carry out the work relating to the place of the ban, he is guilty of an offence punishable with a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
Duty to provide information 11. (1) if someone have any information relating to an offence or suspected offence under this Act and he — (a) does not provide, when requested, the information; or official secrets 19 (b) is not present at any time and in a reasonable place to provide information when required to do so by — (aa) a police officer below the rank of Inspector;
(bb) a member of the armed forces on duty controller, perform the duties of sentry, patrol or other similar obligations; or

(cc) a public officer authorized by the Minister, he is guilty of an offence punishable with imprisonment for a term not less than one year but not more than seven years.
(2) before requiring a person to appear in any place and at any time that, police officer or member of the armed forces shall give him a sum of money to his expenses.
Authority to require message submitted 12. (1) where the Minister finds it expedient, he may by warrant by him, require that a person have or control a telecommunications, used to send or receive a message to a particular place or from a place outside Malaysia, submit to him or to someone who mentioned his name in the warrant, the original and copies of copies of copies for any message that is sent from or addressed to any particular person or place , who sent or received from a place outside Malaysia by way of the telecommunications and all other papers relating to the message.
(2) If, when required to produce copies of the original or copies of a copy or the paper, a person refuses or ignore to do so or defaces or membinasakannya, he is guilty of an offence punishable with imprisonment for a term not less than one year but not more than seven years.
20 laws of Malaysia ACT 88 (3) of this section, the expression "message from" and "telecommunication" has the same meaning as in the law relating to telecommunications in force at the time.
Protect 13. (1) If a person who knows, or has reasonable grounds for suspecting, that one other almost to commit or has committed an offence under this Act — (a) to protect the other person; or (b) allow others that meet or assemble in any premises which he lives or have under his control, he is guilty of an offence punishable with imprisonment for a term not less than one year but not more than seven years.
(2) If a person — (a) that has been protecting or has allowed the meeting or Assembly as described in subsection (1); and (b) available information under its powers in relation to that person, does not disclose, when requested, the 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 to imprisonment for a term not exceeding seven years or to both.
(3) in this section "hedged" includes giving someone refuge, food, drink, money, clothes, weapons, ammunition or vehicles, or help someone with any means for doing an offence under this Act.
Trial, pengapian, etc.
14. If a person — (a) attempting to commit an offence under this Act;
Official Secrets 21 (b) encourage or incite or endeavour to persuade or plotting with another person to do an offence under this Act; or (c) assist, or menyubahati or do any act in preparation to commit an offence under this Act, he shall be liable to the same penalty, and will be acknowledged in the same way, as if he has committed the offence.
Restriction on prosecution 15. (1) a prosecution for an offence under this Act shall not be instituted except by or with the consent of the public prosecutor.
(2) Notwithstanding the consent of the public prosecutor has not been found, a person charged with an offence can be arrested, or a warrant for the arrest of that person may be issued and implemented. That person may be detained in custody or by a guarantee, but the case could not be prosecuted further until permission has been obtained.
(3) when a person is brought before the Court before the Prosecutor consent to the prosecution, the charge shall be described to him but he can not are asked to provide answers to the charge, and the law for the time being in force relating to criminal procedure shall be modified accordingly.
The burden of proof and presumption 16. In a prosecution for an offence under this Act, unless the context otherwise requires — (1) it shall not have to be shown that the accused person was guilty of an act which might indicate a purpose prejudicial to the safety or interests of Malaysia;
(2) even if there are any act as specified in subsection (1) are proved against him, the accused person may be convicted if, from the circumstances of the case, his actions or his character known as proved that its meaning is a purpose prejudicial to the safety or interests of Malaysia; and 22 laws of Malaysia ACT 88 (3) where a document, article or information relating to or used in a prohibited place or anything in that place, or any word in return signal, code, or password secret is made official, obtained, collected, recorded, broadcast or communicated by a person other than a person acting under the authority of a valid, it shall be deemed, until the contrary is proved , as having been made, obtained, collected, recorded, broadcast or communicated for a purpose prejudicial to the safety or interest of Malaysia.
Declaration by public officers shall be conclusive evidence 16A. 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 Chief Minister of a State or the Chief Officer in charge of the Administrative Affairs of a State official certifying a document, information or material by stating that it is an official secret shall be conclusive evidence that the document , information or material that is an official secret and shall not be questioned in any court for any reason whatsoever.
Relations with foreign countries shall be evidence of the occurrence of a particular offence 17. (1) in any prosecution for an offence under this Act, the fact that someone has been in touch with, or try to get in touch with a foreign agent, a person, whether within or outside Malaysia shall be evidence that one has, for a purpose prejudicial to the safety or interests of Malaysia, obtaining or trying to obtain or to present information that may or may be measured or calculated to be or is intended to be useful directly or indirectly to foreign powers or to an enemy.
Official Secrets 23 (2) for the purposes of this section, but without prejudice to the generality of the above provision — (a) any person shall, unless he proves to the contrary, deemed to have been in touch with an agent of a foreign country if — (i) he had, whether within or outside Malaysia, visiting address of an agent of a foreign country or have friends or associates with an agent of a foreign country; or (ii) whether, within or outside of Malaysia, a name or address, or any other information with respect to the foreign agent has someone found in possession or control of or have been given by it to another person, or has been obtained by it from someone else;
(b) (Cut by the Act A573);
(c) an address, either within or outside of Malaysia, with its reasonable suspected as an address that used to receive communications intended for an agent of a foreign country, or the address of the foreign agent places a person lived, or a place she goes for the purpose of giving or receiving communications, or place he run any business, shall be deemed to be a person's foreign address agents , and addressed to such address as a relationship with a person of foreign agents.
A defence available to public servants 17A. Any person charged with any offence under this Act shall not be convicted if he proves that he did any of that matter in his official duties or with the appropriate authority.
Power to arrest 18. (1) If a person is found guilty of an offence under this Act or suspected with reasonable have committed, or attempted to commit, or nearly to commit, an offence that, he can be arrested without a warrant.
24 laws of Malaysia ACT 88 (2) without limiting the generality of subsection (1), if a person in a place of prohibition is found guilty or suspected of having committed acts in contravention with this Act, he may be arrested with or without warrant by a police officer or a member of the armed forces and shall be brought forthwith before a magistrate's Court to take action against him according to the law.
Authority to search and seize 19. (1) when found by a Magistrate from the information and after such inquiry as he thinks necessary that there is reasonable cause to believe that in any place there is an evidence of the Commission of an offence under this Act, he may, by a warrant directed to a police officer gives authority to the officer to enter the place, by force if necessary, and there search , seize and hold something such evidence.

(2) when it was found by a police officer not below the rank of Inspector that there is reasonable cause to believe that in any place are hidden or stored an evidence of the Commission of an offence under this Act, or of the Commission of an offence prescribed, and police officer that there are reasonable grounds to believe that because of the delay in obtaining the search warrant may be disappointed purposes She can run in that place and in respect of that place all the powers referred to in subsection (1) with full and adequate steps as if he is authorized to do so by a warrant issued under that subsection.
Special powers of investigation 20. (1) Notwithstanding anything contained in any other law, the public prosecutor, if satisfied that there are reasonable grounds for suspecting that an offence under this Act has been or almost to do by a person, may by order authorize a police officer not below the rank of Assistant Superintendent mentioned his name in that order to make an inquiry on the matter by any other means or methods of official secrets 25 specified in such order. The order may authorize investigated a bank account or any other account or an article or a document that might be on a person or in a particular place and shall be sufficient authority to any person to disclose or produce all or any information or account or article or document required by such authorised officer.
(2) a person who fails or refuses to disclose that information or not or refuse to submit accounts or article or document to an authorized person shall be guilty of an offence punishable with a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) an authorisation to a police officer under subsection (1) to investigate a bank account shall be deemed to include an authorisation to check a book bankers deemed relevant by the police officer is given such power, and the police officer may, at any reasonable time, enter the bank specified in the order and inspect any books stored in it and may take copies of any entry in any book.
(4) for the purposes of this section — "bank" includes — (a) any bank licensed under the banking and financial institutions Act 1989 [Act 372];
(b) any joint companies registered under any written law relating to company collaboration;
(c) the Bank Simpanan Nasional;
(d) any financial company registered under the banking and financial institutions Act 1989; and the "banker's book" include ledger, diary, cash books, books of account and all books and other documents used in the ordinary business of the bank.
26 laws of Malaysia ACT 88 Received a statement in evidence 21. (1) where a person charged with an offence against this Act, any statement, whether the statement is about addressing to a confessions or not or whether orally or in writing, made at any time, whether before or after the person charged and whether the police conduct the investigation in time or not and whether or not all or in part at answering the questions , by the person to or heard by a police officer below the rank of inspector or higher and whether or not translated to him by a police officer or by another person, whether or not in the arrest, is admissible as evidence in his trial notwithstanding anything to the contrary contained in any written law and, if the person submitting himself as a witness , a such statement can be used in cross-examination and for the purpose of challenging credibility.
(2) no something that statement can be admitted as evidence or used — (a) if the Court is of the opinion that the making of the statement was caused by any inducement, threat or promise relating to the charge against the person that comes from people in authority and sufficient in the opinion of the Court to give the person charged with the reason that in its opinion are reasonable to expect that by making the statement he would obtain a benefit or avoid something comes to mundane relating to proceedings against him that; or (b) on a statement made by that person after arrest, unless the Court is satisfied that a warning was given to him in the following words or words with similar meaning: "it is my duty to give warning to you that you are obliged to declare anything or answer any question, but anything you specify, either to answer a question or not , may be given in evidence. ".
Official Secrets 27 (3) a statement made by someone before the alert could be conferred on it cannot be made to be inadmissible in evidence merely by reason of the alert is not granted if the alert was given as soon as possible.
(4) Notwithstanding anything to the contrary contained in any written law, any person charged with an offence to which subsection (1) applies shall not be bound to answer any question relating to the case after a warning is given to him.
(5) this section shall apply in respect of a person who tried after the commencement of this Act, whether or not proceedings have been instituted against that person and whether or not the statement was made before the commencement thereof.
The evidence of accomplices 22. Notwithstanding the pillars of law or law to the contrary, no person can witness, in a trial or investigation by a Court of an offence under this Act, be treated as not trusted to be true merely because he is an accomplices in connection with the offence.
Examination of offenders 23. (1) when two or more persons charged with an offence under this Act, the Court may require one or more of them give evidence as a witness for the prosecution.
(2) a person referred to in subsection (1) who refused an oath or answer any question that legal action be taken against him in the same way as a witness who refuses such can take legal action against him by the Court.
(3) every person who is required to give evidence under subsection (1) and which in the opinion of the Court make the correct and full disclosure on all matters with which he examined with valid, is entitled to receive 28 laws of Malaysia ACT 88 a certificate of protection from the Court, which is to be sealed by the Court, which States that he has made the correct and full disclosure on all matters with which he has examined , and such certificate shall be a barrier for all lawsuits against it regarding the matter.
The whistleblower protection 24. (1) Save as hereinafter provided, no complaint about an offence under this Act is admissible in evidence in any civil or criminal proceedings whatsoever, and no witness may be obliged or permitted to disclose the name or address of someone whistleblower, or declaring of any matter that may cause she known.
(2) If a document or evidence may be inspected in any civil or criminal proceedings contains an entry in which someone whistleblower named or described or which might cause she known, the Court before which the proceeding is held shall cause to such closed all paragraphs of sight or deleted only to the extent necessary to protect the informant of known , but not more than that.
(3) where in any proceedings relating to an offence under this Act or an offence stipulated the Court is of the opinion, after full investigation in connection with the case, that the informant intentionally make in aduannya a statement material that he knows or believes is false or that he did not believe to be true, or is of the opinion that justice cannot be carried out solely between the parties in the proceedings without knowing the informant , the Court may require the original complaint, if written, presented, and allow an investigation, and requires full disclosure of the informant.
Official Secrets 29 Liability for offences outside Malaysia

25. (1) Provisions of this Act, in respect of a citizen, permanent resident of Malaysia and the person (whether citizens or not) who holds or has at any time held office in a public service shall become effective on the outside as well as within Malaysia; and when an offence under this act committed in any place outside Malaysia by a citizen, permanent resident or by a person (whether citizens or not) who holds or has at any time held office in the public service, then something may be taken action against him about the offense as if it was committed in a place in the Malaysia that he could be found.
(2) in any proceedings against a person under this section which will be a deterrent against proceeding then towards that person for the same offence if the offence has been committed in Malaysia shall be a deterrent against further proceedings against that person under any law in force in Malaysia relating to extradition or surrender of fugitive criminals.
Trial of offences 26. 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 in the place of the offence actually was done, or in a place in Malaysia that the offender can be found.
Members of the public are not allowed to be present during proceedings 27. In addition to and without prejudice to any power on the Court to order that members of the public are not allowed to appear in any proceedings, if during the proceedings before the Court against any person for an offence under this Act or during the proceedings on appeal, or during the trial of a person for an offence under this Act, the application is made by the prosecution, on the ground that publication of any evidence which is granted or the publication of any statement to be made within the proceedings be prejudicial to the security of Malaysia, so that all or any class of people 30 laws of Malaysia ACT 88 is not allowed to be present during any part of the hearing, the Court may make an order for that purpose, but however surrounding the sentence shall be carried out in front of the public.
Criminal liability by the Corporation or firm is 28. If the person is guilty of an offence under this Act is a company or corporation or a member or servants of a partnership or firm, every Director and officer of the company or of the Corporation or every Member of the partnership or the firm, as the case may be, shall be guilty of the offence unless he proves also that the Act or omission that is an offence that occurred without knowledge , consent or pembiarannya and that he was carrying out any effort to prevent the occurrence of the offence as he ought to have been carried out by him with regard to the type of functions and all other circumstances.
The Minister may give police power to appropriate people 29. The Minister may give someone may deem fit and proper authority police officer not below the rank of Inspector for the purposes of this Act.
Powers under the criminal procedure code not blocked 30. There is nothing in this Act shall be deemed to limit or restrict any of the powers conferred by the criminal procedure code [Act 593].
Regulations 30A. The Minister may make regulations for carrying out the purposes of this Act and, without prejudice to the generality of the above words, may — (a) prescribing how to classify information, documents and other materials;
(b) establish a procedure for the handling, storage and delivery of official documents and other information;
Official Secrets 31 (c) prescribing the manner of disposal of official documents thrown;
(d) prescribing the manner of presentation of official information;
(e) prescribing all other things necessary to protect the security or confidentiality of any information or thing;
(f) make provision concerning offences and penalties not exceeding a fine of five thousand dollars or imprisonment not exceeding one year for violating any provision of the regulations; and (g) provide on mengkompaunkan any errors like that.
Repeal 31. (1) the Official Secrets Ordinance 1950 States of Malaya [P.T.M. 15 1950] and the Official Secrets Ordinance Sabah [Chapter 90] is repealed.
(2) the Official Secrets Act 1911 [and 2 Geo. 5. c. 28] and the Official Secrets Act 1920 [10 and 11 Geo. 5. c. 75], both for the United Kingdom, to the extent the Act in force in the State or in any other parts of Malaysia, with or without modification, is repealed.
32 laws of Malaysia ACT 88 TABLE [section 2A] documents, record the results and penimbangtelitian Cabinet including documents, record the results and penimbangtelitian Cabinet Committee;
Documents, records of decisions and penimbangtelitian of the Council of State include documents, record the results and penimbangtelitian Committee of the Council of State;
Documents in respect of national security, defence and international relations.
Official Secrets 33 laws of MALAYSIA Act 88 the OFFICIAL SECRETS ACT 1972 LIST AMENDMENT law short title force amend from Act 6 Act finance companies 1969 01-06-1969 102 of the Banking Act 1973 15-04-1973 Act 146 national savings Bank Act 01-12-1974 Act 160 Currency Act 29-08-1975 (dollars) 1975 Act Criminal Code Act A324 Event 10-01-1976 (Amendment and Extension) Act 1976 Act A454 banking and Company 02-03-1979 Borrowing (Amendment) 1979 except s. 5 : 15-04-1973 A573 Act Official Secrets Act (Amendment) Act 1984 20-01-1984 A660 Act Official Secrets Act (Amendment) Act 1986 01-01-1987 Act 372 of the banking and institutions 01-10-1989 1989 34 Financial laws of Malaysia ACT 88 laws of MALAYSIA Act 88 the OFFICIAL SECRETS ACT 1972 LIST of the SECTION AMENDED Section Power amend with effect from 2 Act A573 20-01-1984 Act A660 01-01-1987 2A-2 c A660 Act 01-01-1987 3 Act A573 20-01-1984 7A-7B A573 Act 20-01-1984 Act A660 01-01-1987 8 Act A573 20-01-1984 Act A660 01-01-1987 9 Act A660 01-01-1987 11 Act A573 20-01-1984 Act A660 01-01-1987 12 Act A660 01-01-1987 13 Act A660 01-01-1987 16A A660 Act 01-01-1987 17 Act A573 20-01-1984 17A A660 Act 01-01-1987 30A A573 Act 20-01-1984 Table Act A660 01-01-1987