LAWS OF BRUNEI
Official Secrets
CAP. 153
7
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).
(3) 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.
(4) 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.
(5) 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
B.L.R.O. 3/2010
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