Official Secrets
19
(2) Notwithstanding that the consent of the Public Prosecutor
has not been obtained, a person charged with such an offence may
be arrested, or a warrant for his arrest may be issued and executed.
Such person may be remanded in custody or on bail, but the case
shall not be further prosecuted until the consent has been obtained.
(3) When a person is brought before a court before the Public
Prosecutor has consented to the prosecution, the charge shall be
explained to him but he shall not be called upon to plead, and the
law for the time being in force relating to criminal procedure shall
be modified accordingly.
Burden of proof and presumptions
16. In any prosecution for an offence under this Act, unless the
context otherwise requires—
(1) it shall not be necessary to show that the accused person
was guilty of a particular act tending to show a purpose prejudicial
to the safety or interests of Malaysia;
(2) notwithstanding that no act as stated in subsection (1) is
proved against him, the accused person may be convicted if, from
the circumstances of the case, his conduct or his known character
as proved it appears that his purpose was a purpose prejudicial to
the safety or interests of Malaysia; and
(3) if any documents, articles or information relating to or used
in any prohibited place or anything in such a place, or any secret
official code word, countersign or password, is made, obtained,
collected, recorded, published or communicated by any person
other than a person acting under lawful authority, it shall be presumed
until the contrary is proved, to have been made, obtained, collected,
recorded, published or communicated for a purpose prejudicial to
the safety or interests of Malaysia.
Certificate by a public officer to be conclusive evidence
16A. A certificate by a Minister or a public officer charged with
any responsibility in respect of any Ministry, department or any
public service or the Menteri Besar or the Chief Minister of a State
or by the principal officer in charge of the administrative affairs
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