ACT No. xvn of 1996 AN ACT to make provision about the Security Service including provision for the issue of warrants and authorisations enabling certain actions to be taken and jar the issue of such warrants and authorisations to be kept under review; to establish a procedure

I assent.

(L.s.)

Uoo MIFSUD BONNICI

President

26th July, 1996

ACT No. xvn of 1996

AN ACT to make provision about the Security Service including provision

for the issue of warrants and authorisations enabling certain

actions to be taken and jar the issue of such warrants and

authorisations to be kept under review; to establish a procedure

for the investigation of complaints about the Security Service and

to make provision jor the establishment of a Security Committee

to scrutinise this Service; to prohibit the interception oj

commWlications and for connected purposes.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

This Act may be cited as the Security ServiceAcl, 1996. SlIofttitlc,

(1)

.. !tnt.

(2) This Act shall come into force on such day as the Prime

Minister may appoint, and different days may be so appointed for

different provisions or different purposes.

Section 13

INVESTIGATION OF COMPLAINTS

Preliminary

I. Any person may complain to the Commissioner ifhe is aggrieved by anything

which he believes the Security Service has done in re lation to him orto any property of

his; and unless the Commissioner considers thaI the complaint is frivolous or vexatious

he shall deal with it in accordance with this Scbedule.

Investigations by the Commissioner

2. The Commissioner shall investigate -

(a)

whether the Security Service bas obtained or provided information or

perfonned any other tasks in relation to the actions or intentions of the complainant

.nd

(b) if so, whether the Security Service had reasonable grounds for doing

what it did.

Functions oj the Commissioner in relation to complaints

3. (1)

The Commissioner shall investigate, as the case may require, -

(a) whether a warrant was issued under section 6 of this Act in relation to

the property or communications concerned; or

(b) whether an authorisation was given under section 9 of this Act to the

doing of the act in question.

(2) If the Commissioner finds that a warrant was issued or an authorisation

was given, he shall detennine whether the Minister was acting properly in issuing,

modifying or renewing the warrant or, as the case may be, in giving, modifying or

renewing the authorisation.

Report of conclusions

4. ( I ) Where the Commissioner detennines under paragraphs 2 or 3 above

that the Security Service or the Minister did not have reasonable grounds for doing

what it or he did, he shall -

(a) give notice to the complainant that he has made a determination in his

favour; and

make a report of his findin gs to the Prime Minister.

(b)

(2) Where in the case of any complaint no such determination as is

mentioned in sub-paragraph (I) above is made by the Commissioner, he shall give

notice to the complainant that no determination in his favour has been made on his

complaint.

S~cial referenus

s. If in any case investigated by the Commissioner -

(a) his conclusions on the matters which he is required to investigate are

such that no determination is made by him in favour of the complainam; but

(b) it appears to him from the allegations made by the complainant that it

is appropriate for there to be an investigation into whether the Security Service

has in any other respect acted unreasonably in relation to the complainant or his

property,

he shall so investigate and report to the Prime Minister.

6. ( I) Where the Commissioner gives a complainant notice o f such a

determination as is mentioned in sub·paragraph ( I) of paragraph 4 above, the

Commissioner may do one or more of the following, namely-

(a) direct that the obtaining and provision of information in relation to the

complainant or, as the case may be, the conduct o f other activities in relation to

him or to any property of his shall cease and that any records relating to such

information so obtained or provided or such other activities shall be destroyed;

(b) quash any warrant or authorisation which the Commissioner has found

to have been improperly issued, renewed, given or modified and which he

considers should be quashed;

(e) recommend to the Prime Minister that the complainant be paid such

sum by way of compensation as may be specified by him.

(2) Where the Prime Minister receives a report under paragraph S above,

he may take such action in the light of the report as he thinks fit, including any action

A

which the Commissioner has power to take or direct under the preceding provisions of

tbis paragraph.

Procedure

Subject to sub-paragraph (2) of paragraph 8 below, the Commissioner

7. (I)

shall carry out his fuoctions underthisAcl in such a way as to secure thaI no document

or information disclosed or given to him by any person is disclosed without his consent

to any complainant, Of to any other person; and accordingly the Commissioner shall

not. except in reports under ite m (b) of sub-paragraph (I) of parngraph 4 orthis Schedule,

give any reasons for a determination notified by him to a complainant.

(2)

Subject to suh-paragraph (1) above, the Commissioner may detennine

his own procedure.

Staff and UFns6

8. (I) TIle Prime Minister may, after consultation with the Minister responsible

for Finance, provide the Commissioner with such stafT and shall defray such expenses

as he thinks necessary for the proper discharge of his functions under this Act.

(2) The Commissioner may authorise any member of staff provided in

tenns of sub-paragraph (I) above, to obtain any documents or information on his

behalf.

References

9. Any reference in this Schedule to a complainam's property includes-

(a) a reference to any communication Originated or received or inlended

to be received by him; and

(b)

a reference 10 any place where the complainant resides or works.

Supplementary

10. The persons who may complain to the Commissioner under this Schedule

include any organisation and any association or combination o f persons.

Transitory

11 . Any person who feels aggrieved by anything which he believes the Security

Service has done in relation to him or 10 any property o f his before the coming inlo

force of this Act shall complain to the Commissioner within six months after the coming

into force of thisAcl and the Commissioner may unless he considers that the complaint

A""

is frivolous or vexatious grant any remedy in accordance with paragraph 6 above as if

such thing shall have been done by the Security Service pursuant to a warrant by the

Minister under this Act.

(I)

InthisAct -

"address" means any postal or telecommunication address;

"the Commissioner" means the Commissioner who holds

office in terms of section 12 of this Act;

"copy", in relation to inteJ'Ce p(ed infonnation, means any of

the following. whether or not in documentary form -

(a) any copy. extract or summary of the information;

~d

any record of the identities of the persons to or by

(b)

whom the information was sent,

and cognate expressions shall be construed accordingly;

"external communication" means a communication sem or

received outside Malta;

"interception". in relation to a warrant, includes the obtaining

possession of, disrupting, destroying, opening. interrupting,

suppressing. stopping, seizing. eavesdropping on, surveilling,

recording, copying, listening to and viewing of communications

and the extraction of information from such commun ications;

"the Minister" means the M inister from lime to time

designated by the Prime Minister as being responsible for the

Security Service;

"person" includes a body corporate established by law;

"posta1" includes anything which in tenns of the Post Office

Act is transmissible by post as well as anything which is covered

by section 21 of the Official Secrets Act;

"senior Government official" is a reference to a Pennanent

Secretary and the Cabinet Secretary;

"telecommunication" means the transmission of messages or

of sound or visual images by wire activated by electricity or by

radio waves or by any other electromagnetic energy or by optical

energy or by a combination of any two or more of such systems

and shall include telegraphy and telephony;

"wireless telegraphy" has the same meaning as in the Wireless

Telegraphy Ordinance;

''working day" means any day other than a Saturday or a public

holiday.

(2) For the purposes of this Act a communication which is

in the course of its transmission otherwise than by means of a wireless

telegraphy or telecommunication system shall be deemed 10 be in the

course of its transmission by means of such a system if its mode of

transmission identifies it as a communication which -

(a)

j g \0 be or has been transmitted by means of such a

system; and

has been sent from, or is to be sent to, a country or

(b)

territory outside M alta.

(3) For the purposes orlhis Act conduct which constitutes

or. ifi! look place in Malta, would constitute one or more offences shall

be regarded as serious crime if, and only if -

(a) it involves the use of violence, results in substantial

financial gain or is conduct by a large number of persons in pursuit

of a common purpose; or

(b) the offence or one of the offences is an offence for

which a person who has attained the age of e ighteen and has no

previous convictions would be liable on conviction to imprisonment

for a minimum tcnn of not less than three yean; or

(c) the offence or one of the offences being a crime is an

offence which has been scheduled as such by the Prime Minister

by notice in the Gazette.

Section 14(3)

1liE SECURITY COMMrJTEE

Procedure

I. Subject to the following provisions of this Schedule, the Committee may

determine their own procedure.

The Committee shall be chaired by the Prime Minister.

2. (I)

If on any matter there is an equality of voting among the members of

(2)

the Committee, the Chairman shall have a second or casting vole.

The Chairman may appoint one of the members of the Committee to

(3)

act, in his absence, as chainnan at any meeting of the Committee.

(4) The quorum of the Committee shall be two.

AccL'SS to in/omuJtion

3. (I ) Iflhe head ofthc Security Service is asked by theCommittee to disclose

any information, then, as to the whole or any part of the information which is sought.

he shall either -

(a) arrange for it to be made available to the Security Committee subject to

and in accordance with arrangements approved by the Prime Minister; or

(b)

infonn the Committee that it cannot be disclosed either -

because it is sensitive infonnation (as defined in paragraph 4 below)

(i)

which, in his opinion, should nOi be made available under item (a) above; or

(ii) because the Prime Minister has determined that it should nOi be

disclosed.

(2) The fact that an y particular infonnation is sensitive infonnation shall

nOi prevent its disclosure under item (a) of sub-paragraph (I) above if the head of the

Security Service considers it safe 10 disclose il.

A""

(3)

Information which has nOI been disclosed to the Security Committee

on the ground specified in sub-item (i) of item (b) of sub-paragraph (I) above shall be

disclosed to them if the Prime Minister considers it desirable in the public interest.

(4) The Prime Minister shall not make a determination under sub-item (ii)

of item (b) of sub-paragraph (I) above with respect 10 any information on the grounds

of nationa! security alone and, subject to that, he shall nOI make such a detennination

unless the information appears to him to be of such a nature thai, if he were requested

to produce it before a Select Committee of the House of Representatives, he would

think it proper not to do so.

(5) The disclosure of information to the Security Committee in accordance

with the preceding provisions of this paragraph shall be regarded for the purposes of

this Act as necessary for the proper discharge of the functions of the Security Service.

Sensitive Information

4. The following information is sensitive information for the purposes of

paragrapb 3 above-

(a) information which might lead to the identification of, or provide details

of, sources of infonnation, other assistance or operational methods available to

the Security Service;

infonnation about particular operations which have been, are being or

(b)

are proposed to be undertaken in pursuance of any of the functions of the Security

Service; and

(c) infonnation provided by, or by an agency of, a foreign Government

where that Government does not consent to the disclosure of the infonnation.

Passed by the House of Representatives at Silting No. 565 of Tuesday, 16th

July. 1996.

LAWRENCE GoNZI

Speaker

R ICHARD J. CAUCHJ

Clerk. to the House of Representatives.

(I) There shall continue to be a Security Serviee (in thi$Act Tho ~urity

referred to as ''the Service") under the authority of the Minister.

SeMc:e.

(2) The function of the Service shall be to protect national

security and, in particular, against threats fro m organised crime,

espionage, terrorism and sabotage, the activities o f agents of foreign

powers and agai nst actions intended to overthrow or unde rmine

parliamentary democracy by political, industrial or violent means.

It shall also be the function of the Service to act in the

(3)

interests of -

(a)

the economic well-being of Malta; and

(b)

public safety, in particular. the prevention or detection

of serious crime.

( 1) The operations of the Security Service shall continue to

be under the control of a head of the Serv ice apJXlinled by the Prime

Minister.

(2)

The head of the Service shall be responsible for the

efficiency of the Service and it sha1l be his duty to ensure-

(a) that there are arrangemen ts for securing thai no

infonnation is obtained by the Service except SO far as necessary

for the proper discharge of its func tions and that no information is

disclosed by it except so far as necessary for that purpose or for

the purposes of any criminal proceedings; and

(b)

that the Service does nOI take any action to further the

interests of any political party.

(3) The arrangemen ts ment ioned in paragrap h (a) of

subsection (2) above shall be such as to ensure that information in the

possession of the Service is not disclosed (cruse in detennining whether

a person should be employed, or continue to be employed, by any person,

or in any office or capacity except in accordance with provisions in tha t

regard approved by the Minister.

(4) Without prejudice to the generality of paragraph (a) of

subsection (2) above. the disclosure of infonnation shall be regarded as

necessary for the proper discharge of the functions of the Service if it

consists of-

(a) the disclosure of records subject to the approval of

the Minister and in accordance with the National Archives Act ; or

(b) the disclosure, subject to and in accordance with

arrangements approved by the Minister, of information to the

Director o f Audit personally for the purposes of his functions in

relation to the Service.

(5) The head of the Security Service shall make an annual

report on the work ofttlc Service to the Prime Minister and the Minister

and may at any time report to eitheroftllem on any maller relaling to its

work.

Members of the Service shall be appointed by the head of the ~of~

Service under such tenns and conditions as may be approved by the SocurityServioo.

Minister and shall include

(a)

any public officer;

(b) any member of and any other person employed or

appointed in or for the purposes afthe Armed Forces of Ma1ta;

(e)

any _member of and any other person employed or

appointed in or for the purposes afthe Malta Police Force as well

as of any other disciplined force of the State;

any person who, in tems of the Official Secrets Act is Cap. 5(1.

(d)

either

0) a member or employee of a prescribed body or a

body of a prescribed class, a holder of a prescribed office or

an employee of such a holder; or

(ii)

a Government contractor;

(e)

any director of and any other person employed or

appointed in or for the purposes of

any body set up by law;

(0

any company where a majority orits voting shares

(ii)

are controlled by the Government;

any company providing postal, wireless telegraphy

(iii)

or telecommunication services;

for the time being required in writing by the Minister following a

request by the head of the Service to assist the Security Service in

carrying out its functions.

(1) No entry on or interference with property shall be Worranu

unlawful if it is authorised by a warrant issued by the Minister under ",ner.!.

this section.

(2) No interception of or interference with communications

in the course of their transmission by post or by means of a wireless

telegraphy or telecommunication system or by any other means shall .

be unlawful if it is authorised by a warrant issu«i by the Minister under

this section.

(3)

The Minister may, on an application made by the

Security Setvice, issue or modify II. warrant under this section authorising

the laking of such action as is specified in the warrant in respect of any

property 50 specified or in respect of any communications 50 specified

if the Minister -

(a) thinks it necessary for the action to be taken on the

ground that it is likely to be of substantial value in assisting the

Service in carrying out any of its functions under this Ac t; and

(b) is satisfied !hat whal the action seeks to achieve cannot

reasonably be achieved by Other means; and

is satisfied that satisfactory arrangements are in force

(e)

under this Act with respec t to the disclosure of infonnation obtained

by virtue of this section and that any infonnation obtained under

the warrant will be subject 10 those arrangements.

( I) Subject to subsection (2) below, the interception or

interference with communications required by a warrant shall be the

interception of or interference with -

(a) such communications as are senl toor from one or more

addresses specified in lhe warrant, being an address or addresses

likely to be used for the transmission of communications, 10 or

from-

one particular person specified or described in the

(i)

warrant; or

one particular set of premises so specified or

(ii)

described; and

such other communications (if any) as il is necessary to

(b)

intercept or interfere with in order 10 intercept or interfere with

communications falling within paragraph (a) above.

(2)

Subsection ( I) above shall not apply to a warrant if-

(a) the interception or interference required by the warrant

is the interception or interference, in the course of their transmission

by means of a wireless telegraphy or telecommunication system.

of-

such external communications liS are described in

(i)

the warrant; and

(ii) such other communications (if any) as il is

necessary 10 intercept Of interfere with in order to intercept

or interfere with such external communications as arc so

described; and

at the time when the warrant is issued, the Minister issues

(b)

a certificate certifying tbe descriptions DC informalion the

examination of which he considers necessary as mentioned in

paragraph (a) of subsection (3) of section 6 above.

(I)

A warrant shall not be issued or modified except-

(a)

under the hand of the Minister; or

(b)

in an urgent case where the Minister has expressly

authorised its issue or modification and a statement of that fact is

endorsed on il. under the hand of a senior Government official.

(2) A warrant shall. unless renewed under subsection (3)

below, cease to have effect-

<a) if the warrant was under the hand of the Minister, at the

end of the period ohi."\: months beginning with the day on which it

was issued; and

(b) in any other case, at the end of the period ending with

the second working day following that day.

A warrant may al any time be modified.

(3)

(4) If at any time before the day on which a warrant would

cease to have effect the Minister considers it necessary for the warrant

to continue to have effect for the purpose for which it was issued, he

may by an instrument under his hand renew it for a period of six months

beginning with that day.

(.5) The Minister shall cancel a warrant if he is satisfied that

the action authorised by it is no longer necessary.

(6) In the preceding provisions of this section "warrant"

means a warrant under section 6 above.

(I) If,apart from this section, a person would be liable under ~

:!::.

any law in Malta Cor any act done outside Malta, he shall nOI be so

liable if the act is one which is authorised to be done by virtue of an

authorisation given by the Minister under this section and is one which

the Ministe r may a uthorise under this Act or consists in the arrest of

any person or is an act done in furtherance of any of those acts or for the

purpose ofrclrieving property orlhe Government of Malta 10 return the

same to Malta.

The Minister shall not give or modify an authorisation

(2)

under this section unless he is satisfied-

(a) that any acts which may be done in reliance on the

authorisation or, as the case may be, the operation in the course of

which the acts may be done will be necessary for the proper

discharge of a function of the Security Service; and

(b) that there are satisfactory arrangements in force to

secure-

that nothing will be done in reliance on the

(i)

authorisation beyond what is necessary for the proper

discharge of a function of the Security Service; and

(ii) that, in so far as any acts may be done in reliance

on the authorisation, lheirnature and likely consequences will

be reasonable, having regard to the purposes for whi ch they

are carried out; and

(e) that there are satisfactory arrangements in force under

this Act with respect to the di sclosure of information obtained by

virtue of this section and that any information obtained by virtue

of anything done in reliance on the authorisation will be subject to

those arrangements.

(3) Without prejudice to the generality of the power of the

Minister to give an authorisation under this section, such an authorisa-

tion -

(a) may relate [0 a panicular act or acts, to acts of a

description specified in the authorisation or to acts unde rtaken in

the course of an operati on so specified;

(b) may be limited to a particular person or persons of a

descri ption so specified; and

(c)

may be subject to condi tions so specified.

(4) An authorisation shall not be given or modified under

this section except-

(a)

under the hand of the Minister; or

(b) in an urgen t case where the Minister has expressly

authorised it to be given or modified and a statement of that (act is

endorsed on it, under the hand of a senior Government official.

(5)

An authorisation shall, unless renewed under subsection

(6) below, cease to have effect-

if the authorisation was given under the hand of the

(a)

Minister, at the end of the period of six months beginning with the

day on which it was given;

in any other case, at the end of the period ending with

(b)

the se<:ond working day following the day on which it was given.

(6)

An authorisation give n under Ihis section may be

modified at any time.

(7)

If at any time before the day on which an authorisation

would cease to have effect the Minister considers it necessary for the

authorisation to continue to have effect for the purpose for which it was

given, he may by an instrumenl under his hand renew it for a period of

six. months beginning with that day.

The Minister shall cancel an authorisation if he is

(8)

satisfied that any act authorised by it is no longer neceswy.

( I) The requirements of paragraph (c) of subsection (3) of ~.

section 6 are satisfied in relation to any infonnation if each of the

following, namely-

(a)

the ex.tent to which the infonnation is disclosed;

the number of persons to whom any oflhe information

(b)

is disclosed;

(c)

the ex.tent to which the infonnation is copied; and

(d)

the number of copies made of any of the infonnation,

is limited to the minimum that is necessary as mentioned in paragraph

(a) of subsection (3) of section 6.

(2) The requirements of paragraph (c) of subsection (3)

of section 6 are satisfied in relation to any intercepted information if

each copy made of any of that information is destroyed as soon as its

retention is no longer necessary as mentioned in paragraph (a) of

subsection (3) of section 6 above.

Where it appears to hi m to be necessary to do so, the Prime

Minister may exercise any of the powers of the Minister under this Act

subject to the s ame review of the exercise of those powers as would

apply 10 the exercise of those powers by the Minister.

(I) The Prime Minister shall appoint as a Commissioner

for the purposes ofthls Act a person who holds or has held the office of

Judge of the superior courts or who has held the office of Anomey

General

Provided that if a Commissioner is not so appointed by the

Prime Minister the Anomey General shall automatically assume the

functions of Comrnissioncr until such time as a Commi!>Sioner shall be

so appointed.

(2) The Commissioner shall hold offi ce in accordance with

the tenns of his appointment and , in the case of a Commissioner who is

not a servi ng Judge of the superior courts or the Attorney General , there

shall be paid to him by the Minister such allowances as the Prime

Minister may detennine.

(3) (a) In addition to his functions under (he subsequent

provisions of this Act, the Commissioner shall keep under review

the exercise by the Minister of his powers under sections 6 to to

above.

(b) In the discharge of his functions under the Act, the

Commissioner shall act in his individual judgement and shall not

be ~ubject to the direction or control of any other pel'$on or authority

and shall not be liable to be questioned by any COllrt.

(4) It shall be the duty of any person falling under one of

the descriptions contained in subsection (2) of section 18 to disclose or

give to the Commissioner such documents or infonnation as he may

require for the purpose of enabling him to discharge his func tions.

(5) The Commissioner may at any ti me report to the Prime

Minister on any matter relating to the discharge of his functions under

thisAcl

(6) The Commissioner shall make an annual report on the

discharge of his functions.

(7) The Prime Minister shall put before the Security

Committee a copy of each annual report made by the Commissioner

under subsection (6) above together with a statement as to whether any

matter has been excluded from that copy in pursuance of subsection (8)

below.

(8) IC it appears to the Prime Minister. after consultation

with the Commissioner. that any matter in a report would be prejudicial

to the continued discharge of the function s of the Security Service, the

Prime Minister may exclude that matter from the copy of the report as

put before the Security Committee.

(l) The Commissioner shall also investigate complaints LnYOlliJllionol'

about the Security Service in the manner specified in Schedule 1 to this compIoIotJ.

Act.

(2) The decisions of the Commissioner under Schedule J

to this Act shall not be subject to appeal or liable to be questioned in

anycoun.

(I) There shall be a Committee, to be known as the Security n.. Seew'ic1

Committee, to examine the expenditure, administration and policy of ComnoiIIooo.

the Security Service.

(2) The Securi ty Committee shaH consist of the Prime

Minister, the Minister, the Minister responsible for Foreign Affairs and

the Leader of the Opposition.

(3) Schedule 2 to this Act shall have effect with respect to

the procedure of and other matters relating to the Security Committee.

(4) The Security Committee shall make an ann ual report of

the discharge of their functions.

(5) The Prime Minister shall lay before the House of

Representatives a copy of each ann ual report made by the Security

Committee under subsection (4) above together with a statement as to

whether any matter has been excluded from that copy in pursuance of

subsection (6) below.

(6) If it appeaI1i to the Prime Minister, after discussion in

the Security Committee, that the publication of any matter in a report

would be prejudicial to the continued discharge of the functions of the

Security Service, the Prime Minister may exclude mal matter from the

copy of the report as laid before the House of Representatives.

(I) Subject to the follow ing provisions o f this section, a

person who intentionally intercepts or interferes with a communication

in the course of its tmnsmission by post or by means of a wireless

telegraphy or telecommunication system or by any other means shall

be guilty o f an offence and shall be liable on conviction in respect of

each offence to imprisonment for a term nOI exceeding two years or to

a fine (multa) not exceeding five thousand liri or to both such

imprisonment and fine.

A person shall nO( be guilty of an offence under this

(2)

section i f -

(a) the communication is intercepted or interfered with in

obedience to a warrant issued by the Minister under section 6 above;

"'

(b) thai person has reasonable grounds for believing that

the person 10 whom, or the pcrson by whom, the communication

is made or sent has consented to the interception o r interference.

(3) A person shall not be guilty of an offence under this

secti on if the communication is intercepted or inte rfered with for

purposes connected wi th the provision of postal . wireless telegraphy or

telecommunication services or with the enforcement of any enactment

relating to the use of those services.

( I) A person engaged in the business of providing a postal.

wireless telegraphy or telecommunication service who otherwise than

in the course of his duty intentionally discloses 10 any person-

(a) the contents of any communication which has been

intercepted in the course of its transmiss ion by means of that

service; or

(b) any information concerning the use made of postal.

wire less telegraphy or telecommunication services provided for

any other person by means of that service,

shall be guilty of an offence.

(2) Subsection (I) above does not apply to-

<a)

any disclosure which is made for the prevention or

detection of crime or forme purposes of any criminal proceedings;

(b) any disclosure of matter falling within paragraph <a) of

that subsec.:tion which ill mllde in obedience to II. Wamult issued by

the Minister under section 6 of this Act or in pursuance of a

requirement imposed by the Commissioner under subsection (2)

of section 12 of this Act; or

(e) any disclosure of matter falling within paragraph (b) of

that subsection which is made in the interests of national security,

the economic well-being of Malta or public safety, or in pursuance

of the order of a court.

(3) For the purposes of paragraph (e) of subsection (2) above

a certifiCate signed by the Minister, or by the Attorney GeneraJ, certifying

that a disclosure was made in the interests of national security. the

economic well-being of Malta or public safety shall be conclusive

evidence of that fact; and a document purporting to be such a certificate

shall be received in evidence and deemed to be such acertificate unless

the contrary is proved.

(4) Any person who intentionally discloses the contents of

any communication which has been intercepted in the course of its

tra ns mi ssion by means of a postal, wireless telegraphy or

telecommunication service, where he knows or reasonably ought to have

known, that such contents have been unlawfully obtained, shall be guilty

of an offence.

(5) A person guilty of an offence under this section shall be

liable on conviction in respect of each offence to imprisonment for a

lenn not exceeding one year or to a fine (multa) not exceeding five

thousand Iiri or to both such imprisonment and fine.

No prosecution for any offence against this Act shall be Nap' " " " "

~=

instituted without the authority of the Attorney General.

A_1o.-..! ·

(I ) In any proceedings before any court or tribunal no B..;lutionor

evidence shall be adduced and no question in cross-examination shall ovidcca.

be asked which (in either case) tends to suggest-

(a) that an offence under sections 15 or 16 above has been

or is 10 be conunitted by any of the persons mentioned in subsection

(2) below; or

(b) that a warrant has been or is 10 be issued to any of those

persons

Provided that nothing in this subsection shan be deemed lopreclude

the disclosure in evidence of any information which may be disclosed

in accordance with or under any other provision of this Act.

(2)

The persons referred 10 in subsection (1) above are-

(a)

any member of the Security Service;

any public officer;

(b)

(e) any person engaged in the business of providing posta].

wireless telegraphy or telecommunications services;

(d)

any person who, in terms of the Official Secrets Act is

either

a Government contractor; or

0)

a member or employee of a prescribed body or a

(ij)

body of a prescribed class, a holder of a prescribed office or

an employee of such a bolder.

(3)

Subsection (1) above does not apply -

(a) in relation to proceedings for a relevant offence or

complaints proceedings before the Commissioner; or

(b) where tile evidence is adduced or the question in cross-

examination is asked for the purpose of establishing the fairness

or unfairness of adismissal on grounds of an offence under section

15 above or of conduct from which sucb an offence might be

inferred;

and paragraph (a) of tbat subSec!ion does not apply wbere a person bas

been convicted of the offence under that section.

(4)

In this section "relevant offence" means-

(a) an offence under sections 15 and 16 above or under

sections 46 and 47 of the Telemalta Corporation Act or sections

50, 51 and 55 of the Post Office Act;

(b) an offence under section 3 of the Official Secrets Act c.p. 50.

relating to any sketch, plan, model, anicle, nOle, dCM:ument or

infonnation which tends 10 suggest as mentioned in subsection (1)

(c) an o ffence under section 9 of the Official Secrets Act Cap.50.

relating to any such information, document or article as is

mentioned in subsection (3) of that section;

(d)

perjury committed in the course of proceedings for a

relevant offence;

(e) thai offence committed by whosoever attempts, aids,

abets. counsels or procures the commission of an offence falling

within any of the preceding paragraphs; and

contempt of court committed in the course of, or in

(f)

relation 10, proceedings for a relevant offence.

(5)

Notwithstanding the provisions of any other law, no

warrant or other order shall be issued or made by any Court restraining

any person or authority from the cltcrcise of any of the powers conferred

_.,

The Criminal Code shall be amended /lS foUows:-

_!oWl.

Cop. 9.

in section 5 thereof

(a)

(i) for paragraph (e) of subsection ( I) thereof there shall

be substituted the following partlgraphs

"(e)

against any person who being in Mal ta

shall have become guilty of any offence

(i)

under subsection (2) of section 87 or sections 198,

199,211 ,2 14 to 218. 220, 249 to 251 . 3 11 , 312.

316 or 317 when committed or directed on or

against the person of a protected person or 10 the

prejudice or injury of such person o r likely to

endanger the life or to cause serious injury 10 the

property, life o r health of such a person, or in

connection wilh an attack on any relevant premises

or on any ve hicle ordinarily used by a protected

person or when a protected person is on or in the

premises or vehicle; or

shall haYe committed any act which if

(ii)

commined in Malla would constitute an offence and

such act involved the use of a bomb, grenade,

rocket, automatic rireann, letter bomb or parcel

bomb which endangered persons,

although the offences referred to in this paragraph shall

have been committed outside Malta

Provided thai for the purposes of subparagraph (i)

of this paragraph it shall be immaterial whether the

offender knew that the person was a protected person

(0 against any person who

commits any offence in premises or in a

(i)

building outside Malta having dlplomatic immunity

due to the fael thai it is being used as an embassy, a

residence or for such other purpose connected with

the diplomatic service of Malta; or

commits an offence in a place outside

(ii)

Malta when such person enjoys diplomatic

immunity by vinue of such service;

(g) against any person who being in Malta, shall

be a principal or an accomplice in any of the crimes

referred 10 in subsection (2) of section 87, or sections

139A or 298, although the crimes shall have been

committed outside Malta:"; and

(ii) immediately after subsection (2) thereof there shall

be added the following new subsection

"(3) For the purposes of paragraph (e) of

subsection ( I) of this section

"a protected person" means, in relation to an

alleged offence, any o f the following

(a) a person who at the time of the

alleged offence is a Head of State, a member

of a body which performs the functions of

Head of State under the constitution of the

State, a Head of Government or a Minister

for Foreign Affairs and is outside the territory

of the State in whic h he holds o ffice;

(b) a person who at the time of the

alleged offence is a representative or an official

of a State o r an official or agent of an

inte rnational organisation of an inter-

governmental character, is entitled under

international law to special protection from

attack on his person, freedom ()r dignity and

does not fall within the preceding paragraph;

(c) a person who at the time of the

alleged offence is a member of the family of

another person mentioned in either of the

preceding paragraphs and-

(i) if the other person is mentioned

in paragraph (a) above, is accompanying

him,

(ii) if the other person is mentioned

in paragraph (b) above, is a member of

his household;

''relevant premises" means premises at which

a protected person resides or is staying or which a

protected person uses for the purpose of carrying

out his functions as such a person; and

"vehicle" includes any means of conveyance;

and if in any proceedings a question arises as to whether

a person is or was a protected person, a certificate issued

by or under the authority of the Minister responsible for

foreign affairs and stating any fact relating to thequestion

shall be conclusive evidence of that fact,";

section 87 thereof shall be amended as follows

(b)

(i) t he presen t secti o n s hall be ren umbered as

subsection (I) thereof; and

(ii) immediately after su bsection ( I ) the reof as

renumbered there shal l be added the following subsection

"(2 ) Where a person who commits the crime

referred to in the last preceding section threatens to kill,

to injure or to continue to detain or confine the person

arrested, detained or confined, with the object of

compelling a state, an international governmental

organisation or person 10 do or to abstain from doing an

act he shall be liable 10 the punishment ofimprisonmem

(or life."; and

(e)

sections 146 10 149 and 258 10 260 thereof shall be

deleted.

(2) The Telemalta Corporation Act shall be amended as

follows:-

(a) immediately at the end of section 40 thereof there shall

be added following proviso: "Provided that such exemptions may

not be given from the provisions of sections 45, 46 and 47 of this

Acl."; and

(b) in section 45 thereof, for the words "and shall not give

any infonnation" there shall be substituted the words "and shall

not clI.cept for the purpose of performing his duties in the

Corporation give any information".

(3) Immediately after section 30 of tile Extradition Act there

shall be added the following new section

(I) The offences referred to in paragraphs (e) and

(g) of subsection ( I) of section 5 of the CriminaJ Code shaJl

be deemed to have been included as extraditable offences in

aJl extradition treaties made by Malta (or are applicable to

Malta) with Convention countries and which extend to, and

are binding on, Malta on the dale o f the coming into force of

the Security Service Act, 1996.

(2) Where this Act does not apply in the case of

any state which is a pany to the " lmemationally Protected

Persons Convention" and the "Taking o f Hostages

Convention", the Minister may by order under sections4 and

7 of this Act designate such country as a Commonwealth

country under the said section 4 or as a foreign country under

section 7. as the case may be and such orde r shall for the

purposes of the said section 7 be deemed to be an arrangement

as is mentioned in thai section.

(3) When this Act applies to any state by vinue

only of an order made under subsection (2) hereof no

application for extradition by that state shall relate to any

extradition crimes within the meaning of this Act except

offences deemed to be included in tbe list of extradition crimes

pursuant to subsection (I).

(4) For the purposes of this Act, any act, wherever

committed, which is an offence mentioned under this Act

and an offence against the law of any state in the case of

which that Act is applied by an order under subsection (2) of

this section shall be deemed to be an offence committed within

the jurisdiction of that state.

In this section

(5)

"Convention countries" means those countries

which are contracting parties to the "Suppression of

Terrorism Convention", the "Internationally Protected

Persons Convention" and to the "Taking of Hostages

Convention";

"Internationally Protected Persons Convention"

means the "Convention on the Prevention and

Punishment of Crimes against Internationally Protected

Persons adop ted by the United Nations General

Assembly in 1973";

"Suppression of Terrorism Convention" means the

"European Convention on the Suppression of Terrorism

done at Strasbourg on the 27th January, 1977";

"Taking of Hostages Convention" means the

"International Convention against the Taking of

Hostages opened for signature at New York on the 18th

December, 1979". ".

A

SCHEDULES