Section 3

If any person for any purpose prejudicial to the safety or interests of Brunei Darussalam —

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.