Section 2
Section 2
(1)
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 —
(a)
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;
(b)
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;
(c)
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;
(d)
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;
(e)
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;
(f)
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.
(2)
Expressions referring to —
(a)
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;
(b)
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
(c)
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.
(3)
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.