OFFICIAL SECRETS ACT

OFFICIAL SECRETS

CHAPTER 50

OFFICIAL SECRETS ACT

To protect official secrets.

(23rd February, 1923) *

Enacted by ORDINANCE III of 1923 (incorporating also ORDINANCE

IX of 1934) as amended by: Legal Notice 46 of 1965; Acts: LVIII of 1974,

XXVII of 1975; Legal Notice 148 of 1975; Acts: XXII of 1976, XLIX of

1981, XIII of 1983, VIII of 1990 and XVIII of 1996 and Legal Notice 407 of

2007.

This Act may be cited as the Official Secrets Act.

(1)

In this Act, unless the context otherwise requires

"disclose" and "disclosure" in relation to a document or other

article, include parting with possession of it;

"document" includes part of a document;

"government contractor" means subject to article (3), any person

who is not a public servant but who provides, or is employed in the

provision of, goods or services -

(a) for the purposes of any Minister or Parliamentary

Secretary, of any of the services, forces or bodies

mentioned in the definition of public servant or of the

holder of any office prescribed under that definition;

or

(b) under an agreement or arrangement certified by the

Prime Minister or by the Minister as being one to

which the government of a State other than Malta or an

international organisation is a party or which is

subordinate to, or made for the purposes of

implementing, any such agreement or arrangement;

"international organisation" means, subject to the following

subarticles of this article, an organisation of which only States are

members and includes a reference to any organ of such an

organisation;

"Minister" means the Minister from time to time designated by

the Prime Minister as being responsible for the Security Service;

"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,

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;

"offence under this Act" includes any act, omission, or other

*See Proclamation No. IV of 1923.

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thing which is punishable under this Act;

"prescribed" means prescribed by an order made by the Prime

"prohibited place" means -

(a) any work of defence, arsenal, naval military or airforce

establishment or station, with the water adjacent

thereto, factory, dockyard, mine, minefield, camp, ship

or aircraft belonging to or occupied by or on behalf of

the Government of Malta, 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 of Malta and used for

the purpose of building, repairing, making or storing

any munitions of war, or any sketches, plans, models

or documents relating thereto, or for the purpose of

getting any metals, oils or minerals of use in time of

war; and

(b) any place not belonging to the Government of Malta

where any munitions of war or any sketches, models,

plans, or documents relating thereto, are being made,

repaired, gotten, or stored under contract with, or with

any person on behalf of the Government of Malta or

otherwise on behalf of the Government of Malta; and

(c) any place belonging to or used for the purposes of the

Government of Malta which is for the time being

declared by the Prime Minister to be a prohibited place

for the purposes of this article on the ground that

information with respect thereto, or damage thereto,

would be useful to any enemy; and

(d) any road, way, or channel, or other means of

communication by land or water (including any works

or structures being part thereof or connected

therewith) or any place used for gas, water, or

electricity works or other works for purposes of a

public character, or any place where any munitions of

war or any ships, arms, or other materials or

instruments of use in time of war, or any sketches,

models, plans or documents relating thereto, are being

made, repaired, or stored otherwise than on behalf of

the Government of Malta, which is for the time being

declared by the Prime Minister to be a prohibited place

for the purposes of this article, on the ground that

information with respect thereto, or the destruction or

obstruction thereof, or interference therewith, would

be useful to any enemy;

"public servant" means -

(a) a Minister or Parliamentary Secretary;

(b) any public officer;

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

appointed in or for the purposes of the Armed Forces

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of Malta;

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

appointed in or for the purposes of the Malta Police

Force as well as of any other disciplined force of the

State;

(e) any person who is a member or employee of a

prescribed body or a body of a prescribed class and

either is prescribed for the purposes of this paragraph

or belongs to a prescribed class of members or

employees of any such body;

(f) any person who is the holder of a prescribed office or

who is an employee of such a holder and either is

prescribed for the purposes of this paragraph or

belongs to a prescribed class of such employees;

"Security Service"means the service referred to in the Security

Service Act;

"sketch" includes any photograph or other mode of representing

any place or thing;

"State" includes the government of a State and any organ of its

government.

(2)

In this Act -

expressions referring to communicating or receiving

include any communication or receiving, whether in

whole or in part, and whether the sketch, plan, model,

article, note, document, or information itself or the

substance, effect, or description thereof only be

communicated or received;

expressions referring to obtaining or retaining any

sketch, plan, model, article, note, or document, include

the copying or causing to be copied the whole or any

part of any sketch, plan, model, article, note or

document; and

expressions referring to the communication of any

sketch, plan, model, article, note, or document, include

the transfer or transmission of the sketch, plan, model,

article, note or document.

(3) Where an employee or class of employees of any body, or

of any holder of an office, is prescribed by an order made for the

purposes of the definition of public servant in subarticle (1) -

(a) any employee of that body, or of the holder of that

office, who is not prescribed or is not within the

prescribed class; and

(b) any person who does not provide, or is not employed

in the provision of goods or services for the purposes

of the performance of those functions of the body or

the holder of the office in connection with which the

employee or prescribed class of employees is engaged,

shall not be a government contractor for the purposes of this Act.

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(4) (a) The reference to an international organisation in

paragraph (b) of the definition of government contractor in

subarticle (1) includes a reference to any such organisation whether

or not one of which only States are members and includes a

commercial organisation.

(b) In determining for the purposes of subarticle (1)

whether only States are members of an organisation, any member

which is itself an organisation of which only States are members, or

which is an organ of such an organ of such an organisation, shall be

treated as a State.

(1) If any person for any purpose prejudicial to the safety

or interests of the State -

(a) approaches, inspects, passes over or is in the

neighbourhood of, or enters any prohibited place

within the meaning of this Act; or

(b) makes any sketch, plan, model, or note which is

calculated to be or might be or is intended to be

directly or indirectly useful to an enemy; or

(c) obtains, collects, records, or publishes or

communicates to any other person any secret official

code word or password or sketch, 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 an enemy,

he shall be liable, on conviction, to imprisonment for any term not

less than three years and not exceeding seven years.

(2) On a prosecution under this article, 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

the State, 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, it appears that his

purpose was a purpose prejudicial to the safety or interests of the

State; and if any sketch, 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 or password, 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

the State unless the contrary is proved.

(3) The words "passes over" in subarticle (1)(a) include

passing through the air over any prohibited place or in close

proximity thereto.

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(1) If any person for the purpose of gaining admission, or

of assisting any other person to gain admission, to a prohibited

place within the meaning of this Act, or for any other purpose

prejudicial to the safety or interests of the State within the meaning

of this Act-

(a) 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 represent himself to be

a person who is or has been entitled to use or wear any

such uniform; or

(b) 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; or

(c) forges, alters, or tampers within any passport or any

naval, military, air-force, police or official pass,

permit, certificate, licence, or other document of a

similar character (hereinafter in this article referred to

as an official document), or uses or has in his

possession any such forged, altered, or irregular

official document; or

(d) personates, or falsely represents himself to be a public

servant or a government contractor or to be or not to be

a person to whom an official document or secret

official code word or password has been duly issued or

communicated, or with intent to obtain an official

document, secret official code word or password,

whether for himself or any other person, knowingly

makes any false statement; or

(e) uses, or has in his possession or under his control,

without the authority of the Government department or

the authority concerned, any die, seal or stamp of or

belonging to, or used, made or provided by any

Government department, or by any diplomatic, naval,

military, or air-force authority appointed by or acting

under the authority of the Government of Malta, or any

die, seal or stamp so nearly resembling any such die,

seal or stamp as to be calculated to deceive, or

counterfeits any such die, seal or stamp, or uses, or has

in his possession, or under his control, any such

counterfeited die, seal or stamp,

he shall be liable, on conviction, to imprisonment for a term not

exceeding two years or to a fine (multa) or to both such

imprisonment and fine.

(2)

If any person -

(a) retains for any purpose prejudicial to the safety or

interests of the State 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

OFFICIAL SECRETS

it, or fails to comply with any directions issued by any

Government department or any person authorized by

such department with regard to the return or disposal

thereof; or

(b) allows any other person to have possession of any

official document issued for his use alone, or

communicates any secret official code word or

password so issued, or, without lawful authority or

excuse, has in his possession any official document or

secret official code word or password 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 a Police constable; or

(c) without lawful authority or excuse, manufactures or

sells, or has in his possession for sale any such die,

seal or stamp as aforesaid,

he shall be liable, on conviction, to imprisonment for a term not

exceeding two years or to a fine (multa) or to both such

imprisonment and fine.

(3) In the case of any prosecution under this article involving

the proof of a purpose prejudicial to the safety or interests of the

State, article 3(2) shall apply in like manner as it applies to

prosecutions under that article.

(1) In any proceedings against a person for an offence

under article 3, the fact that he has been in communication with, or

attempted to communicate with, a foreign agent, whether within or

outside Malta, shall be evidence that he has, for a purpose

prejudicial to the safety or the interests of the State, obtained or

attempted to obtain information which is calculated to be or might

be or is intended to be directly or indirectly useful to any enemy.

(2) For the purpose of this article, but without prejudice to the

generality of the foregoing provision -

(a) a person shall, unless he proves the contrary, be

deemed to have been in communication with a foreign

agent if -

(i) he has either within or outside Malta, visited the

address of a foreign agent or consorted or

associated with a foreign agent; or

(ii) either, within or outside Malta, 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;

(b) the expression "foreign agent" includes any person

who is or has been or is reasonably suspected of being

or having been employed by a foreign power or other

OFFICIAL SECRETS

foreign employer either directly or indirectly for the

purpose of committing an act, either within or outside

Malta, prejudicial to the safety or interests of the State,

or who has or is reasonably suspected of having, either

within or outside Malta, committed, or attempted to

commit, such an act in the interests of a foreign power

or hostile agency;

(c) any address whether within or outside Malta,

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 addressee to be communications with a foreign

agent.

(1)

A person who is or has been -

(a) a member of the Security Service, or

(b) a person notified that he is subject to the provisions of

this subarticle,

is guilty of an offence if without lawful authority he discloses any

information, document or other article relating to Security which is

or has been in his possession by virtue of his position as a member

of that service or in the course of his work while the notification is

or was in force.

(2) The reference in subarticle (1) to disclosing information

relating to security includes a reference to making any statement

which purports to be a disclosure of such information or is intended

to be taken by those to whom it is addressed as being such a

disclosure.

(3) A person who is or has been a public servant or government

contractor is guilty of an offence if without lawful authority he

makes a damaging disclosure of any information, document or

other article relating to security which is or has been in his

possession by virtue of his position as such but otherwise than as

mentioned in subarticle (1).

(4)

For the purposes of subarticle (3) a disclosure is damaging

(a) it causes damage to the work of, or of any part of, the

Security Service; or

(b) it is of information or a document or other article

which is such that its unauthorised disclosure would be

likely to cause such damage or which falls within a

class or description of information, documents or

articles the unauthorised disclosure of which would be

likely to have that effect.

(5)

It is a defence for a person charged with an offence under

OFFICIAL SECRETS

this article to prove that at the time of the alleged offence he did not

know, and had no reasonable cause to believe, that the information,

document or article in question related to security or, in the case of

an offence under subarticle (3), that the disclosure would be

damaging within the meaning of that subarticle.

(6) Notification that a person is subject to subarticle (1) shall

be effected by a notice in writing served on him by the Prime

Minister or the Minister; and such a notice may be served if, in the

opinion of the Prime Minister or the Minister, the work undertaken

by the person in question is or includes work connected with the

Security Service and its nature is such that the interests of national

security require that he should be subject to the provisions of that

subarticle.

(7) Subject to subarticle (8), a notification for the purposes of

subarticle (1) shall be in force for the period of five years

beginning with the day on which it is served but may be renewed by

further notices under subarticle (6) for periods of five years at a

time.

(8) A notification for the purposes of subarticle (1) may at any

time be revoked by a further notice in writing served by the Prime

Minister or the Minister on the person concerned; and the Prime

Minister or the Minister shall serve such a further notice as soon as,

in his opinion, the work undertaken by that person ceases to be

such as is mentioned in subarticle (6).

(9) In this article "security" means the work of, or in support

of, the Security Service or any part of it, and references to

information relating to security include references to information

held or transmitted by that Service or by persons in support of, or

of any part of it.

(1) A person who is or has been a public servant or

government contractor is guilty of an offence if without lawful

authority he makes a damaging disclosure of any information,

document or other article relating to defence which is or has been

in his possession by virtue of his position as such.

(2) For the purposes of subarticle (1) a disclosure is damaging

if -

(a) it damages the capability of, or of any part of, the

armed forces to carry out their tasks or leads to loss of

life or injury to members of those forces or serious

damage to the equipment or installations of those

forces; or

(b) otherwise than as mentioned in paragraph (a), it

endangers the interests of Malta abroad, seriously

obstructs the promotion or protection by Malta of

those interests or endangers the safety of Maltese

citizens abroad; or

(c) it is of information or of a document or article which

is such that its unauthorised disclosure would be likely

to have any of those effects.

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(3) It is a defence for a person charged with an offence under

this article to prove that at the time of the alleged offence he did not

know, and had no reasonable cause to believe, that the information,

document or article in question related to defence or that its

disclosure would be damaging within the meaning of subarticle (1).

(4)

In this Article "defence" means -

(a) the size, shape, organisation, logistics, order of battle,

deployment, operations, state of readiness and training

of the armed forces of Malta;

(b) the weapons, stores or other equipment of those forces

and the invention, development, production and

operation of such equipment and research relating to

it;

(c) defence policy and strategy and military planning and

intelligence;

(d) plans and measures for the maintenance of essential

supplies and services that are or would be needed in

time of war.

(1) A person who is or has been a public servant or

government contractor is guilty of an offence if without lawful

authority he makes a damaging disclosure of -

(a) any information, document or other article relating to

international relations; or

(b) any confidential information, document or other article

which was obtained from a State other than Malta or

an international organisation,

being information or a document or article which is or has been in

his possession by virtue of his position as a public servant or

government contractor.

(2)

For the purposes of subarticle (1) a disclosure is damaging

if -

(a) it endangers the interests of Malta abroad, seriously

obstructs the promotion or protection by Malta of

those interests or endangers the safety of Maltese

citizens abroad; or

(b) it is of information or of a document or article which is

such that its unauthorised disclosure would be likely to

have any of those effects.

(3) In the case of information or a document or article within

paragraph (b) of subarticle (1) -

(a) the fact that it is confidential, or

(b) its nature or contents,

may be sufficient to establish for the purpose of paragraph (b) of

subarticle (2) that the information, document or article is such that

its unauthorised disclosure would be likely to have any of the

effects there mentioned.

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(4) It is a defence for a person charged with an offence under

this article to prove that at the time of the alleged offence he did not

know, and had no reasonable cause to believe, that the information,

document or article in question was such as is mentioned in

subarticle (1) or that its disclosure would be damaging within the

meaning of that subarticle.

(5) In this article "international relations" means the relations

between States, between international organisations or between one

or more States and one or more such organisations and includes any

matter relating to a State other than Malta or to an international

organisation which is capable of affecting the relations of Malta

with another State or with an international organisation.

(6) For the purposes of this article any information, document

or article obtained from a State or organisation is confidential at

any time while the terms on which it was obtained require it to be

held in confidence or while the circumstances in which it was

obtained make it reasonable for the State or organisation to expect

that it would be so held.

(1) A person who is or has been a public servant or

government contractor is guilty of an offence if without lawful

authority he discloses any information, document or other article to

which this article applies and which is or has been in his possession

by virtue of his position as such.

(2) This article applies to any information, document or other

article -

(a) the disclosure of which -

(i) results in the commission of an offence; or

(ii) facilitates an escape from legal custody or the

doing of any other act prejudicial to the

safekeeping of persons in legal custody; or

(iii) impedes the prevention or detection of offences

or the apprehension or prosecution of suspected

offenders; or

(b) which is such that its unauthorised disclosure would be

likely to have any of those effects.

(3) This article also applies to any information obtained by

reason of action authorised by a warrant issued under article 6 of

the Security Service Act, or by an authorisation given under article

9 of that Act, any information relating to the obtaining of

information by reason of any such action and any document or

other article which is or has been used or held for use in, or has

been obtained by reason of, any such action.

(4) It is a defence for a person charged with an offence under

this article in respect of a disclosure falling within paragraph (a) of

subarticle (2) to prove that at the time of the alleged offence he did

not know, and had no reasonable cause to believe, that the

disclosure would have any of the effects there mentioned.

(5)

It is a defence for a person charged with an offence under

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this article in respect of any other disclosure to prove that at the

time of the alleged offence he did not know, and had no reasonable

cause to believe, that the information, document or article in

question was information or a document or article to which this

article applies.

(6) In this article "legal custody" includes detention in

pursuance of any enactment or any instrument made under an

enactment.

(1) Subarticle (2) applies where -

(a) any information, document or other article protected

against disclosure by the foregoing provisions of this

Act has come into a person's possession as a result of

having been -

(i) disclosed (whether to him or another) by a

public servant or government contractor without

lawful authority; or

(ii) entrusted to him by a public servant or

government contractor on terms requiring it to

be held in confidence or in circumstances in

which the public servant or Government

contractor could reasonably expect that it would

be so held; or

(iii) disclosed (whether to him or another) without

lawful authority by a person to whom it was

entrusted as mentioned in sub-paragraph (ii);

and

(b) the disclosure without lawful authority of the

information, document or article by the person into

whose possession it has come is not an offence under

any of those provisions.

(2) Subject to subarticles (3) and (4), the person into whose

possession the information, document or article has come is guilty

of an offence if he discloses it without lawful authority knowing, or

having reasonable cause to believe, that it is protected against

disclosure by the foregoing provisions of this Act and that it has

come into his possession as mentioned in subarticle (1).

(3) In the case or information or a document or article

protected against disclosure by articles 6 to 8, a person does not

commit an offence under subarticle (2) unless -

(a) the disclosure by him is damaging; and

(b) he makes it knowing, or having reasonable cause to

believe, that it would be damaging;

and the question whether a disclosure is damaging shall be

determined for the purposes of this subarticle as it would be in

relation to a disclosure of that information, document or article by a

public servant in contravention of article 6(3), article 7(1) or article

8(1).

(4)

A person does not commit an offence under subarticle (2) in

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respect of information or a document or other article which has

come into his possession as a result of having been disclosed -

(a) as mentioned in subarticle (1)(a)(i) by a government

contractor; or

(b) as mentioned in subarticle (1)(a)(iii),

unless that disclosure was by a Maltese citizen or took place in

Malta.

(5) For the purposes of this article information or a document

or article is protected against disclosure by the foregoing

provisions of this Act if -

(a) it relates to security, defence or international relations

within the meaning of article 6, 7 or 8 or is such as is

mentioned in article 8(1)(b); or

(b) it is information or a document or article to which

article 9 applies;

and information or a document or article is protected against

disclosure by articles 6 to 8 if it falls within paragraph (a).

(6) A person is guilty of an offence if without lawful authority

be discloses any information, document or other article which he

knows, or has reasonable cause to believe to have come into his

possession as a result of a contravention of article 3.

(1) This article applies where -

(a) any information, document or other article which -

(i) relates to security, defence or international

relations; and

(ii) has been communicated in confidence by or on

behalf of Malta to another State or to an

international organisation,

has come into a person’s possession as a result of

having been disclosed (whether to him or another)

without the authority of that State or organisation or, in

the case of an organisation, of a member of it; and

(b) the disclosure without lawful authority of the

information, document or article by the person into

whose possession it has come is not an offence under

any of the foregoing provisions of this Act.

(2) Subject to subarticle (3), the person into whose possession

the information, document or article has come is guilty of an

offence if he makes a damaging disclosure of it knowing, or having

reasonable cause to believe, that it is such as is mentioned in

subarticle (1), that it has come into his possession as there

mentioned and that its disclosure would be damaging.

(3) A person does not commit an offence under subarticle (2) if

the information, document or article is disclosed by him with

lawful authority or has previously been made available to the

public with the authority of the State or organisation concerned or,

in the case of an organisation, of a member of it.

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(4) For the purposes of this article "security", "defence" and

"international relations" have the same meaning as in articles 6, 7

and 8 and the question whether a disclosure is damaging shall be

determined as it would be in relation to a disclosure of the

information, document or article in question by a public servant in

contravention of article 6(3), article 7(1) and article 8(1).

(5) For the purposes of this article information or a document

or article is communicated in confidence if it is communicated on

terms requiring it to be held in confidence or in circumstances in

which the person communicating it could reasonably expect that it

would be so held.

(1) For the purposes of this Act a disclosure by -

(a) a public servant; or

(b) a person, not being a public servant or government

contractor, in whose case a notification for the

purposes of article 6(1) is in force,

is made with lawful authority if, and only if, it is made in

accordance with his official duty.

(2) For the purposes of this Act a disclosure by a government

contractor is made with lawful authority if, and only if, it is made -

(a) in accordance with an official authorisation; or

(b) for the purposes of the functions by virtue of which he

is a government contractor and without contravening

an official restriction.

(3) For the purposes of this Act a disclosure made by any other

person is made with lawful authority if, and only if, it is made -

(a) to a public Servant for the purposes of his functions as

such; or

(b) in accordance with an official authorisation.

(4) It is a defence for a person charged with an offence under

any of the foregoing provisions of this Act to prove that at the time

of the alleged offence he believed that he had lawful authority to

make the disclosure in question and had no reasonable cause to

believe otherwise.

(5) In this article "official authorisation" and "official

restriction" mean, subject to subarticle (6), an authorisation or

restriction duly given or imposed by a public servant or

government contractor or by or on behalf of a prescribed body or a

body of a prescribed class.

(6) In relation to article 11 "official authorisation" includes an

authorisation duly given by or on behalf of the State or organisation

concerned or, in the case of an organisation, a member of it.

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(1) Where a public servant or government contractor, by

virtue of his position as such, has in his possession or under his

control any document or other article which it would be an offence

under any of the foregoing provisions of this Act for him to

disclose without lawful authority he is guilty of an offence if -

(a) being a public servant, he retains the document or

article contrary to his official duty; or

(b) being a government contractor, he fails to comply with

an official direction for the return or disposal of the

document or article,

or if he fails to take such care to prevent the unauthorised

disclosure of the document or article as a person in his position

may reasonably be expected to take.

(2) It is a defence for a public servant charged with an offence

under subarticle (1)(a) to prove that at the time of the alleged

offence he believed that he was acting in accordance with his

official duty and had no reasonable cause to believe otherwise.

(3) In subarticles (1) and (2) references to a public servant

include any person, not being a public servant or government

contractor, in whose case a notification for the purposes of article

6(1) is in force.

(4) Where a person has in his possession or under his control

any document or other article which it would be an offence under

article 10 for him to disclose without lawful authority, he is guilty

of an offence if -

(a) he fails to comply with an official direction for its

return or disposal; or

(b) where he obtained it from a public servant or

government contractor on terms requiring it to be held

in confidence or in circumstances in which that servant

or contractor could reasonably expect that it would be

so held, he fails to take such care to prevent its

unauthorised disclosure as a person in his position may

reasonably be expected to take.

(5) Where a person has in his possession or under his control

any document or other article which it would be an offence under

article 11 for him to disclose without lawful authority, he is guilty

of an offence if he fails to comply with an official direction for its

return or disposal.

(6) A person is guilty of an offence if he discloses any official

information, document or other article which can be used for the

purpose of obtaining access to any information, document or other

article protected against disclosure by the foregoing provisions of

this Act and the circumstances in which it is disclosed are such that

it would be reasonable to expect that it might be used for that

purpose without authority.

(7) For the purposes of subarticle (6) a person discloses

information or a document or article which is official if -

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(a) he has or has had it in his possession by virtue of his

position as a public servant or government contractor;

or

(b) he knows or has reasonable cause to believe that a

public servant or government contractor has or has had

it in his possession by virtue of his position as such.

(8) Article 10(5) applies for the purposes of subarticle (6) as it

applies for the purposes of that article.

(9) In this article "official direction" means a direction duly

given by a public servant or government contractor or by or on

behalf of a prescribed body or a body of a prescribed class.

(1) Every person charged with an offence under articles 6

to 13 other than article 13(1), (4) or (5) shall be liable, on

conviction, in respect of each offence, to imprisonment for a term

not exceeding two years or to a fine (multa) not exceeding eleven

thousand and six hundred and forty-six euros and eighty-seven

cents (11,646.87) or to both such imprisonment and fine.

(2) A person guilty of an offence under article 13(1), (4) or (5)

shall be liable on conviction to imprisonment for a term not

exceeding three months or a fine (multa) not exceeding four

thousand and six hundred and fifty-eight euros and seventy-five

cents (4,658.75) or to both such imprisonment and fine.

Any person charged with an offence which is a crime under

this Act may, if the circumstances warrant such a finding, be found

guilty of a contravention under this Act, and shall be liable, on

conviction, to imprisonment for a term not exceeding one month or

to a fine (multa) not exceeding two hundred and thirty-two euros

and ninety-four cents (232.94) or to both such imprisonment and

fine.

Any person who is found committing an offence under 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 apprehended and detained by any person, whether

a Police officer or not, without any warrant or other authority.

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 under 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 to meet or

assemble in any premises in his occupation or under his control any

such persons, wilfully omits or refuses to disclose to an officer of

Police not below the rank of inspector any information which it is

in his power to give in relation to any such person or persons he

shall be liable, on conviction, to imprisonment for a term not

e x c e e d i n g o n e y e a r, o r t o a f i n e ( m u l t a ) o r t o b o t h s u c h

imprisonment and fine.

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A prosecution for an offence under this Act shall not be

instituted except by or with the consent of the Attorney General

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 Attorney General to the

institution of a prosecution for the offence has not been obtained;

but no further or other proceedings shall be taken until that consent

has been obtained.

(1) If a magistrate is satisfied by information on oath that

there is reasonable ground for suspecting that an offence under this

Act, other than an offence under article 13(1), (4) and (5), has been

or is about to be committed, he may grant a search warrant

authorizing any Police officer named therein to enter at any time

any premises or place named in the warrant, if necessary, by force,

and to search the premises or place and every person found therein,

and to seize any sketch, plan, model, article, note, or document, or

anything of a like nature or anything which is evidence of an

offence under this Act other than an offence under article 13(1), (4)

and (5) having been or being about to be committed, which he may

find on the premises or place or upon any such person, and with

regard to or in connection with which he has reasonable ground for

suspecting that an offence under this Act, other than an offence

under article 13 (1), (4) and (5), has been or is about to be

committed.

(2) Where it appears to a superintendent of Police that the case

is one of great emergency and that in the interest of the State

immediate action is necessary, he may by a written order under his

hand give to any Police officer the like authority as may be given

by the warrant of a magistrate under this article.

No person in the vicinity of any prohibited place shall

obstruct, knowingly mislead or otherwise interfere with or impede

any Police officer or any member of the armed forces of Malta

engaged on guard, sentry, patrol, or other similar duty in relation to

the prohibited place, and, if any person acts in contravention of, or

fails to comply with this provision, he shall be liable, on

conviction, to imprisonment for a term not exceeding one year, or

to a fine (multa) or to both such imprisonment and fine.

(1) Every person who carries on, whether alone or in

conjunction with any other business, the business of receiving for

reward letters, communications, or other packets for delivery or for

forwarding to the persons for whom they are intended, shall, as

soon as may be, send to the Commissioner of Police, for

registration by him, notice of the fact together with the address or

addresses where the business is carried on; and the Commissioner

of Police shall keep a register of the names and addresses of such

persons, and shall, if required by any person who sends such a

notice, furnish him on payment of a fee of twelve cents (0.12) with

a certificate of registration; and every person so registered shall

from time to time furnish to the Commissioner of Police notice of

any change of address or new address at which the business is

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carried on, and such other information as may be required by the

Commissioner of Police for the purpose of maintaining the

correctness of the particulars entered in the register.

(2) Every person who carries on such a business as aforesaid

shall make a record for retention purposes the following

particulars

(a) the name and address of every person for whom any

packet is received, or who has requested that packets

received may be delivered or forwarded to him;

(b) any instructions that may have been received as to the

delivery or forwarding of packets;

(c) in the case of every packet received the place from

which the packet comes, and the date of sending and

the date of receipt, and the name and address of the

sender if shown on the outside of the packet, and, in

the case of a registered packet, the date and office of

registration and the number of the registered packet;

(d) in the case of every packet delivered, the date of

delivery and the name and address of the person to

whom it is delivered;

(e) in the case of every packet forwarded, the name and

address to which and the date on which it is forwarded,

and shall not deliver a packet to any person until that person has

signed a receipt for the same, nor, if that person is not the person to

whom the packet is addressed, unless there are left with him

instructions signed by the last mentioned person as to the delivery

thereof, and shall not forward any packet to another address unless

there are left with him written instructions to that effect signed by

the addressee.

(3) The records so kept by any such person, shall be kept at all

reasonable times open to inspection by any Police officer.

(4) If any person contravenes or fails to comply with any of the

provisions of this article, or furnishes any false information or

makes any false entry, he shall, for each offence, be liable, on

conviction by a Court of Magistrates (Malta) or the Court of

Magistrates (Gozo) as the case may be, to imprisonment for a term

not exceeding one month, or to a fine (multa) not exceeding two

hundred and thirty-two euros and ninety-four cents (232.94), or to

both such imprisonment and fine.

(5) Nothing in this article shall apply to packets addressed, to

any office where any newspaper or periodical is published, being

packets in reply to advertisements appearing in such newspaper or

periodical.

(6) Nothing in this article shall be construed as rendering legal

anything which would be in contravention of the executive

privilege of the Postmaster General under the Post Office Act.

(7) For the purposes of this article the word "packet" shall have

the same meaning attributed to the word "packet" in article 2 of the

Post Office Act.

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It shall be the duty of every person to give on demand to

any Police officer not below the rank of inspector appointed by the

Commissioner of Police for the purpose, or to any member of the

armed forces of Malta engaged on guard, sentry, patrol, or other

similar duty, any information in his power relating to an offence or

suspected offence under this Act, and, if so required, and upon

tender of his reasonable expenses, to attend at such 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 attend as

aforesaid, he shall be liable, on conviction, to imprisonment for a

term not exceeding two years or to a fine (multa) or to both such

imprisonment and fine.

Any person who attempts to commit any offence under this

Act, or solicits or incites or endeavours to persuade another person

to commit an offence under this Act, or aids or abets and does any

act preparatory to the commission of an offence under this Act,

shall be liable to the same punishment, and to be proceeded against

in the same manner, as if he had committed the offence.

(1) 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 any proceedings before a court

against any person for an offence under this Act, other than an

offence under article 13(1), (4) or (5), or of any proceedings on

appeal, application is made by the prosecution, 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 national safety, that all or any portion of the public shall be

excluded during any part of the hearing, the court may make an

order to that effect, but the passing of sentence shall in every case

take place in public.

(2) In passing sentence upon any person charged with an

offence under this Act, other than an offence under article 13(1),

(4) or (5), the court shall state separately in writing the reasons on

which such sentence is based

Provided always that if application is made by the

prosecution, on the ground that the publication of such reasons

would or might be prejudicial to the national safety, that the public

shall be excluded during the delivery of such reasons, the court

shall make an order to that effect, but the passing of sentence shall

take place in public

Provided also that if the said reasons are not delivered in

public, they shall not be inserted in the record of the proceedings,

but shall be kept by the Registrar under seal and shall not be open

to inspection by any person without the permission of the Attorney

General in writing.

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(3) Notwithstanding anything to the contrary contained in any

other law, any person indicted for an offence under this Act, other

than an offence under article 13(1), (4) or (5), before the Criminal

Court, shall be tried by such court sitting without a jury. In any

such case the said court shall be composed of three judges to be

appointed by the President of Malta and the provisions of the

Criminal Code shall apply so far as applicable.

Where the person guilty of an offence under this Act is a

company or corporation, every director and officer of the company

or corporation shall be guilty of the like offence unless he proves

that the act or omission constituting the offence took place without

his knowledge.

(1) The Prime Minister may by order prescribe anything

that in accordance with this Act may be prescribed.

(2) Any power of the Prime Minister or the Minister under this

Act to make orders shall be exercisable by legal notice.

Any act done by a Maltese citizen or public servant shall, if

it would be an offence by that person under any provision of this

Act when done by him in Malta, be an offence under that provision

wherever such offence may have been done.