OFFICIAL SECRETS
4 of 1940 1951 Edition, Chapter 26
Amended by
S 99/59 1988 Edition, Chapter 153
Amended by
S 52/05
REVISED EDITION 2010
Official Secrets 1
REVISED EDITION 2010
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Official Secrets Act is Brunei Act, cited as Act 153 2010, currently marked in force and first recorded in 2010.
Chapter
4 of 1940 1951 Edition, Chapter 26
Amended by
S 99/59 1988 Edition, Chapter 153
Amended by
S 52/05
REVISED EDITION 2010
Official Secrets 1
REVISED EDITION 2010
Opening note
This Act may be cited as the Official Secrets Act.
Interpretation.
In this Act, unless there is something repugnant in the subject or context —
“document” includes part of a document;
“drawing” includes any plan, sketch, tracing, painting, print or other pictorial representation;
“General Officer Commanding” means the military officer in command of His Majesty the Sultan and Yang Di-Pertuan’s Forces in Brunei Darussalam;
“model” includes design, pattern and specimen;
“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 or device, whether actual or proposed, intended for such use;
“office under the Government” includes any office or employment in or under any department of Government or any specified organisation and, in the event of war, of the government of any ally of Brunei Darussalam;
“officer of police” includes any person upon whom the powers of a police officer not below the rank of Inspector are conferred by His
Majesty the Sultan and Yang Di-Pertuan under section 19;
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“photograph” includes a photographic negative or a plate produced by photographic process and any printed or other pictorial representation or drawing produced in whole or part by photographic means;
“prohibited place” means —
any work of defence, arsenal, naval, military or air force establishment, barrack, camp or station, factory, dockyard, mine, minefield, ship or aircraft belonging to or occupied by or on behalf of the Government, or any telegraph, telephone, wireless or signal station, or office so belonging or occupied, and any place belonging to or occupied by or on behalf of the Government and used for the purpose of building, repairing, making, proving, testing or storing any munitions of war, or any photographs, drawings, plans, models or documents relating thereto, or for the purpose of getting or storing any metals, oil, mechanical transport spirit or aviation spirit or minerals of use in time of war;
any place not belonging to the Government where any munitions of war or oil, mechanical transport spirit, aviation spirit, fuel or supplies or any photographs, drawings, plans, models or documents relating thereto are being made, repaired, obtained or stored under contract with, or with any person on behalf of, or otherwise on behalf of the Government;
any place belonging to or used for the purposes of the
Government which is for the time being declared by order of His
Majesty the Sultan and Yang Di-Pertuan to be a prohibited place for the purposes of this section on the ground that information with respect thereto, or damage thereto, would be useful to a foreign power or to an enemy;
any railway, tramway, roadway or channel or other means of communication by land or water (including any bridges, tunnels, piers, works or structures being part thereof, or connected or used therewith), or any beach, foreshore or the whole or any part of the territorial waters of Brunei Darussalam, or any searchlight, lighthouse, buoy or other navigational aid, or any public building, fire station, aerodrome or air station, or any signal telegraph or radio station, or any place used for gas, water, electricity or engineering works or other works for purposes of a public character, or any place where any munitions of war or oil, mechanical transport spirit, aviation spirit, fuel or supplies or any
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photographs, drawings, plans, models or documents relating thereto are being made, repaired or stored otherwise than on behalf of the Government, any of the aforesaid being a place which is for the time being declared by order of His Majesty the Sultan and
Yang Di-Pertuan to be a prohibited place for the purposes of this section, on the ground that information with respect thereto, or the destruction or obstruction thereof, or interference therewith, would be useful to a foreign power or to an enemy;
any area being in the vicinity of any work of defence, arsenal, naval, military or air force establishment or station, factory, dockyard, mine, minefield, camp, ship or aircraft, belonging to or occupied by or on behalf of the Government, which is declared by order of His Majesty the Sultan and Yang Di-Pertuan to be a prohibited place for the purposes of this section, on the ground that information with respect thereto, or damage thereto, would be useful to a foreign power or to an enemy;
any area specified in any notice under any written law relating to military manoeuvres or any area declared by proclamation of the Government under such written law to be manoeuvring ground or a firing ground, which is declared by order of His Majesty the Sultan and Yang Di-Pertuan to be a prohibited place for the purposes of this section;
“specified organisation” means any organisation specified in the
Schedule.
Expressions referring to —
communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the photograph, drawing, plan, model, article, note, document, or information itself or the substance, effect or description thereof only be communicated or received;
obtaining or retaining any photograph, drawing, plan, model, article, note or document, include the copying or causing to be copied the whole or any part of any photograph, drawing, plan, model, article, note or document; and
the communication of any photograph, drawing, plan, model, article, note or document include the transfer or
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transmission of the photograph, drawing, plan, model, article, note or document.
The Minister may, with approval of His Majesty the Sultan and
Yang Di-Pertuan, by notification published in the Gazette, amend the
Schedule.
Penalties for spying.
If any person for any purpose prejudicial to the safety or interests of Brunei Darussalam —
approaches, inspects, passes over, is in the neighbourhood of or enters, any prohibited place within the meaning of this Act;
makes any photograph, drawing, plan, model or note which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign power or to an enemy; or
obtains, collects, records, publishes or communicates to any other person any secret official code word, countersign or pass word, or any photograph, drawing, plan, model, article or note, or other document or information which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign power or to an enemy, he is guilty of an offence against this Act.
Any person who takes or makes any photograph, drawing, map, measurement, sounding or survey of or within a prohibited place, unless he proves that the thing so taken or made is not prejudicial to the safety or interests of Brunei Darussalam and is not intended to be directly or indirectly useful to a foreign power or to an enemy, is guilty of an offence against this
Act:
Provided that it is not an offence against this subsection 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 Brunei Darussalam or to be directly or indirectly useful to a foreign power or to an enemy. This proviso does not apply to any photograph taken from an aircraft:
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Provided further that the taking or making of any photograph, drawing, map, measurement, sounding or survey in accordance with the terms and conditions in such permit as the Minister sees fit to give is not an offence under this subsection. It may be a term or condition of such permit that anything so taken or made must immediately be submitted to the Minister for examination who, 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 Brunei Darussalam and directly or indirectly useful to a foreign power or to an enemy, may give such orders in respect of the thing as he is empowered to give under subsection (5).
Any person who makes or assists in making a declaration or statement false in any material respect for the purpose of obtaining a permit from the Minister is guilty of any offence and shall on conviction before the
Court of a Magistrate be liable notwithstanding anything contained in the
Criminal Procedure Code (Chapter 7) to a fine not exceeding $10,000.
On a prosecution under this section, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of Brunei Darussalam and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case, or his conduct, or his known character as proved, or from his having acted in contravention of section 6 or in the manner mentioned in section 7 it appears that his purpose was a purpose prejudicial to the safety or interests of Brunei Darussalam; and if any photograph, drawing, plan, model, article, note, document or information relating to or used in any prohibited place within the meaning of this Act, or anything in such a place, or any secret official code word, countersign or pass word is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, it shall be deemed to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of Brunei Darussalam unless the contrary is proved.
If the Court of a Magistrate is satisfied that there is reasonable cause to believe that a photograph or drawing contains matter or information prejudicial to the safety or interests of Brunei Darussalam 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 photograph or drawing even though an offence against this Act is not alleged to have been committed.
The photograph or drawing if seized under the search warrant or voluntarily produced by the person in whose possession it is shall be sent by the Court to the Minister who may, if he considers that the photograph or drawing
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contains matter or information prejudicial to the safety or interests of Brunei
Darussalam and directly or indirectly useful to a foreign power or to an enemy, order the photograph or drawing to be forfeited or order that any part of such photograph or drawing be obliterated, erased or removed.
Cameras prohibited except under permit.
Any person who within a prohibited place has any apparatus for taking or making photographs in his possession without a permit in writing in that behalf signed by the Minister is guilty of an offence and liable on conviction to a fine not exceeding $1,000:
Provided that it shall not be an offence against this section for any person residing within any prohibited place to possess any such apparatus within such place without a permit.
Any such apparatus in respect of which an offence has been or is suspected of having been committed may be seized by any person duly authorised in that behalf by the Minister for such prohibited place and any plate or film in or belonging to such apparatus may also be seized and may be subjected to such process of development as the Minister may direct either generally or in any particular case.
Wrongful communication etc. of information.
If any person having in his possession or control any secret official code word, countersign or pass word, or any photograph, drawing, plan, model, article, note, document or information which —
has been entrusted in confidence to him by any person holding office under the Government; or
he has obtained, or to which he has had access, owing to his position as a person who holds or has held office under the
Government, or as a person who holds or has held a contract made on behalf of Brunei Darussalam, or as a person who is or has been
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employed under a person who holds or has held such an office or contract, does any of the following —
communicates directly or indirectly any such information or thing to any foreign power other than a foreign power to whom he is duly authorised to communicate it, or to any person other than a person to whom he is authorised to communicate it or to whom it is his duty to communicate it;
uses any such information or thing for the benefit of any foreign power other than a foreign power for whose benefit he is authorised to use it, or in any manner prejudicial to the safety or interests of Brunei
Darussalam;
retains in his possession or control any such thing 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;
fails to take reasonable care of, or so conducts himself as to endanger the safety or secrecy of, any such information or thing; or
receives any such information or thing, knowing or having reasonable ground to believe at the time when he received it that the information or thing is communicated to him in contravention of this Act, unless he proves that the reception by him of the said information or thing was not directly or indirectly solicited by him, that person is guilty of an offence against this Act.
In any proceedings against a person for an offence against this section, where it is proved that that person is or has been in the employment or service of any foreign power or government in breach of any undertaking which he has made with the Government, he shall be deemed to be in possession or control of such information or thing as is referred to in subsection (1) and to have unlawfully communicated that information to a
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foreign power or government or to have used that information or thing in a manner prejudicial to the safety or interests of Brunei Darussalam.
In subsection (2), “undertaking” means any undertaking in writing which a public officer or any other person has made with the
Government whereby he undertakes not to serve or be employed by any foreign power or government within a specified period after his retirement or resignation from the public service or otherwise unless he has obtained the prior approval of the Government.
Unauthorised use of uniforms, falsification of reports, forgery, personation and false documents.
If any person gains or assists any other person to gain admission to a prohibited place otherwise than by an authorised 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 Brunei Darussalam within the meaning of this Act —
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 calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform;
makes use of any disguise or false name, or knowingly conceals his identity or nationality;
orally, or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or any omission;
forges, alters or tampers with, any passport or any naval, military, air force, police or official pass, permit, certificate, licence or other document of a similar character (in this section referred to as an official document), or uses or has in his possession any such forged, altered or irregular official document;
personates or falsely represents himself to be, a person holding or in the employment of a person holding office under the
Government, or personates or falsely represents himself to be or not to be, a person to whom an official document or secret official code
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word, countersign or pass word has been duly issued or communicated; or
uses, or has in his possession or under his control, without the authority of the department of Government or the authority concerned, any die, key, badge, device, seal or stamp of or belonging to, or used, made or provided by any department of Government 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 to be calculated 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 is guilty of an offence against this Act.
If any person —
retains for any purpose prejudicial to the safety or interests of Brunei Darussalam 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 department of Government or any person authorised by such department with regard to the return or disposal thereof;
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 pass word so issued or, without lawful authority or excuse, has in his possession any official document or secret official code word, countersign or pass word issued for the use of some person other than himself, or 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 Commissioner of Police;
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
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with intent to obtain an official document, secret official code word, countersign or pass word, whether for himself or for any other person, knowingly makes any false statement, he is guilty of an offence against this Act.
In the case of any prosecution under this section involving the proof of a purpose prejudicial to the safety or interests of Brunei Darussalam, section 3(4) shall apply in like manner as it applies to prosecutions under that section.
Communications with foreign agents to be evidence of commission of certain offences.
In any proceeding against a person for an offence against section 3, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or outside Brunei
Darussalam, shall be evidence that he has, for a purpose prejudicial to the safety or interests of Brunei Darussalam, obtained or attempted to obtain or to communicate information which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign power or to an enemy.
For the purpose of this section, but without prejudice to the generality of the foregoing provision —
a person shall, unless he proves the contrary, be deemed to have been in communication with a foreign agent if —
he has, either within or outside Brunei Darussalam, visited the address of a foreign agent or consorted or associated with a foreign agent; or
either, within or outside Brunei Darussalam, the name or address of, or any other information regarding a foreign agent has been found in his possession, or has been supplied by him to any other person, or has been obtained by him from any other person;
“foreign agent” includes any person who is or has been or is reasonably suspected of being or having been employed by a foreign power either directly or indirectly for the purpose of committing an act, either within or outside Brunei Darussalam, prejudicial to the safety or interests of Brunei Darussalam, or who has or is reasonably suspected of having, either within or outside Brunei Darussalam,
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committed, or attempted to commit, such an act in the interests of a foreign power;
any address, whether within or outside Brunei Darussalam, 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 communications with a foreign agent.
Interfering with police officers or members of His Majesty the Sultan and Yang Di-Pertuan’s Forces.
No person within or in the vicinity of any prohibited place shall obstruct, knowingly mislead or otherwise interfere with or impede, any police officer, or any member of His Majesty the Sultan and Yang Di-Pertuan’s Forces engaged on duty in relation to the prohibited place, and if any person acts in contravention of or fails to comply with this provision, he is guilty of an offence against this Act.
Power to require production of telegraphic messages.
Where it appears to the Minister that such a course is expedient in the public interest, he may by warrant under his hand, require any person who owns or controls any telegraphic cable or wire or any apparatus for wireless telegraphy, used for the sending or receipt of messages to or from any place out of Brunei Darussalam, to produce to him, or to any person named in the warrant, the originals and transcripts, either of all messages, or of telegrams of any specified class or description, or of messages sent from or addressed to any specified person or place, sent or received to or from any place out of Brunei Darussalam by means of any such cable, wire or apparatus, and all other papers relating to any such messages.
Any person who, on being required to produce any such original or transcript or paper, refuses or neglects to do so, or mutilates or destroys the same, is guilty of an offence against this Act.
In this section, “message” has the same meaning as in the
Telecommunications Order, 2001 (S 38/01).
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Duty to give information.
It shall be the duty of every person to give on demand to any police officer not below the rank of Inspector, or to any officer of His Majesty the
Sultan and Yang Di-Pertuan’s Forces on duty, or to any member of His
Majesty the Sultan and Yang Di-Pertuan’s Forces engaged on guard, sentry, patrol or other similar duty, any information in his power relating to an offence or suspected offence against this Act, and if so required, and upon tender of his reasonable expenses, to attend at such reasonable time and place as may be specified for the purpose of furnishing such information, and if any person fails to give any such information or to so attend he is guilty of an offence against this Act.
Harbouring.
If any person knowingly harbours any person whom he knows, or has reasonable grounds for supposing, to be a person who is about to commit or who has committed an offence against this Act, or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons, or if any person having harboured any such person or permitted any such persons to meet or assemble in any premises in his occupation or under his control, wilfully omits or refuses to disclose to a police officer any information which it is in his power to give in relation to any such person, he is guilty of an offence against this Act.
In this section, “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or assisting a person in any way to commit an offence against this Act.
Attempts, incitements etc.
Any person who attempts to commit any offence against this Act, or solicits or incites or endeavours to persuade, or conspires with another person to commit an offence, or aids or abets or does any act preparatory to the commission of an offence against this Act, is guilty of an offence and liable on conviction to the same punishment, and to be proceeded against in the same manner as if he had committed the offence.
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Power to arrest.
Any person who is found committing an offence against this Act, or who is reasonably suspected of having committed, or having attempted to commit, or being about to commit, such an offence, may be arrested without a warrant.
Without limiting the generality of subsection (1), any commissioned officer, warrant officer, petty officer, non-commissioned officer or leading rating of His Majesty the Sultan and Yang Di-Pertuan’s naval or military or air forces in Brunei Darussalam and any police officer may, with or without a warrant or other process, apprehend or cause to be apprehended any person found in a prohibited place or on lands or premises in the occupation of His Majesty the Sultan and Yang Di-Pertuan’s naval or military or air forces offending against this Act or suspected of so offending, and shall forthwith bring or cause to be brought the person so apprehended before the Court of a Magistrate for the purpose of being dealt with according to law.
Restriction on prosecution.
A prosecution for an offence against this Act shall not be instituted except by or with the consent of the Public Prosecutor:
Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the
Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until that consent has been obtained.
When a person is brought before a court under this section 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 thereafter he shall be remanded in custody pending the consent of the Public Prosecutor to the prosecution.
Search warrants.
A Magistrate if he is satisfied by information on oath or affirmation that there is reasonable ground for suspecting that an offence against this Act has been or is about to be committed, may grant a search warrant authorising any police officer named therein, or authorising if so
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requested any police officer accompanied by an officer deputed by the
General Officer Commanding, to enter at any time any premises or place specified in the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize and retain any photograph, drawing, plan, model, article, note or document or anything of a like nature or anything which is or may be evidence of an offence against this Act having been or being about to be committed, which he may find on the premises or place or on any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence against this Act has been or is about to be committed.
When it appears to an officer of police not below the rank of
Inspector that the case is one of great emergency and that in the interest of
Brunei Darussalam immediate action is necessary, he may, by a written order under his hand give to any constable the like authority as may be given by the warrant of a Magistrate under this section.
Power to Commissioner of Police to require information.
Where the Commissioner of Police is satisfied that there is reasonable ground for suspecting that an offence against this Act has been or is about to be committed and for believing that any person is able to furnish information as to the offence or suspected offence, he may apply to the
Minister for permission to exercise the powers conferred by this subsection and, if such permission is granted, he may personally, or by written authorisation granted to any police officer not below the rank of Inspector, require the person believed to be able to furnish information to give any information in his power relating to the offence or suspected offence and, if so required and on tender of his reasonable expenses, to attend at such reasonable time and place as may be specified by the Commissioner of
Police; and if a person required in pursuance of such an authorisation to give information or to so attend, fails to comply with any such requirement or knowingly gives false information, he is guilty of an offence against this Act.
Where the Commissioner of Police has reasonable grounds to believe that the case is one of great emergency and that in the interest of
Brunei Darussalam immediate action is necessary, he may exercise the powers conferred by subsection (1) without applying for or being granted the permission of the Minister, but if he does so he shall forthwith report the circumstances to the Minister.
References in this section to the Commissioner of Police shall be construed as including references to any other officer of police expressly
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authorised by him to act on his behalf for the purpose of this section when by reason of illness, absence or other cause he is unable to do so.
Trial of offences.
For the purposes of the trial of a person for an offence against this Act, the offence shall be deemed to have been committed either at the place in which the same actually was committed or at any place in Brunei
Darussalam in which the offender may be found.
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 the court against any person for an offence against this Act or the proceedings on appeal, or in the course of the trial of a person for an offence against this Act, application is made by the prosecution that all or any portion of the public shall be excluded during any part of the hearing 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 Brunei Darussalam, the court may make an order to that effect, but the passing of sentence shall in any case take place in public.
Where the person guilty of an offence against this Act is a company or corporation, or a member or servant of a partnership or firm, acting in the course of the business of the 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) is guilty of the like offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent.
Punishment.
A person who is guilty of an offence against this Act by reason of section 3 shall be liable to imprisonment for a term not exceeding 14 years and a fine not exceeding $10,000.
A person who is guilty of an offence against this Act by reason of sections 5, 6, 8, 9, 10, 11 or 16 shall, notwithstanding anything contained in the Criminal Procedure Code (Chapter 7), be liable on conviction before the
Court of a Magistrate to imprisonment for a term not exceeding 2 years and a fine not exceeding $10,000.
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Powers of His Majesty the Sultan and Yang Di-Pertuan.
His Majesty the Sultan and Yang Di-Pertuan 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.
Saving.
Nothing in this Act shall be deemed to limit or restrict any powers conferred by the Criminal Procedure Code (Chapter 7).
(section 2(1))
SPECIFIED ORGANISATIONS
1.
Authority for Info-communications Technology Industry of Brunei Darussalam.
2.
Brunei Economic Development Board.
3.
Brunei Gas Carriers Sendirian Berhad.
4.
Brunei Investment Agency.
5.
Brunei L.N.G Berhad.
6.
DataStream Technology Sendirian Berhad.
7.
Information Technology Protective Security Services Sendirian Berhad.
8.
Royal Brunei Airlines Sendirian Berhad.
9.
Royal Brunei Technical Services Sendirian Berhad.
10.
Setia Protective Security Services Sendirian Berhad.
11.
Tabung Amanah Pekerja.
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