  OFFICIAL SECRETS       [ CAP. 50.   1
CHAPTER 50 
Amended by:
XVIII. 1996.2.
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: Act XXI of 1967; 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.
Short title.  
Amended by: 
XVIII.1996.2.
l. This Act may be cited as the Official Secrets Act.
Interpretation. 
Amended by: 
L.N.46 of 1965; 
LVIII. 1974.68; 
L.N. 148 of 1975; 
XVIII.1996.2. 
Substituted by: 
XVIII.1996.3.
2. (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 subsection (3) of this
section, 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
subsections of this section, 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.
  2 CAP. 50. ]               OFFICIAL SECRETS  
thing which is punishable under this Act;
 "prescribed" means prescribed by an order made by the Prime
Minister;
"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 section 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 section, 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
  OFFICIAL SECRETS       [ CAP. 50.   3
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;
Cap. 391.
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 subsection (1) of this
section -
( 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,
  4 CAP. 50. ]               OFFICIAL SECRETS  
shall not be a government contractor for the purposes of this Act.
(4) ( a )  The reference to an international organisation in
paragraph ( b ) of the definition of government contractor in
subsection (1) of this section 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 subsection (1) of this
section 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.
Penalties for 
spying. 
Amended by: 
XLIX. 1981.4; 
XVIII.1996.2.
3. (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 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 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 subsection (1) ( a ) of this
section include passing through the air over any prohibited place or
in close proximity thereto.
  OFFICIAL SECRETS       [ CAP. 50.   5
Unauthorized use 
of uniforms, 
falsification of 
reports, 
personation and 
false documents. 
Amended by: 
L.N.148 of 1975: 
XLIX. 1981.4;
XVIII.1996.2,4.
4. (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 section 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
  6 CAP. 50. ]               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 section involving
the proof of a purpose prejudicial to the safety or interests of the
State, subsection (2) of section 3 shall apply in like manner as it
applies to prosecutions under that section.
Evidence of 
offence.
Amended by: 
XVIII.1996.2.
5. (1) In any proceedings against a person for an offence
under section 3 of this Act, 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 section, 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
  OFFICIAL SECRETS       [ CAP. 50.   7
or having been employed by a foreign power or other
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.
Security.
Amended by: 
L.N.148 of 1975; 
XLIX. 1981.4. 
Substituted by:
XVIII.1996.5.
6. (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 subsection,
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 subsection (1) above 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 subsection (1) above.
(4) For the purposes of subsection (3) above a disclosure is
damaging if:
( 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.
  8 CAP. 50. ]               OFFICIAL SECRETS  
(5) It is a defence for a person charged with an offence under
this section 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 subsection (3), that the disclosure
would be damaging within the meaning of that subsection.
(6) Notification that a person is subject to subsection (1) above
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
subsection.
(7) Subject to subsection (8) below, a notification for the
purposes of subsection (1) above 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 subsection (6) above for periods
of five years at a time.
(8) A notification for the purposes of subsection (1) above 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 subsection (6) above.
(9) In this section "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.
Defence. 
Added by: 
XVIII.1996.5.
7. (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 subsection (1) above 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 ) above, 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
  OFFICIAL SECRETS       [ CAP. 50.   9
to have any of those effects.
(3) It is a defence for a person charged with an offence under
this section 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
subsection (1) above.
(4) In this Section "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.
International 
relations. 
Added by: 
XVIII.1996.5.
8. (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 subsection (1) above 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 subsection (1) above -
( 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
subsection (2) above that the information, document or article is
  10  CAP. 50. ]               OFFICIAL SECRETS  
such that its unauthorised disclosure would be likely to have any of
the effects there mentioned.
(4) It is a defence for a person charged with an offence under
this section 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 subsection (1) above or that its disclosure would be
damaging within the meaning of that subsection.
(5) In this section "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 section 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.
Crime and special 
investigation 
powers.
Added by: 
XVIII.1996.5.
9. (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 section applies and which is or has been in his
possession by virtue of his position as such.
 (2) This section 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.
Cap. 391.
(3) This section also applies to any information obtained by
reason of action authorised by a warrant issued under section 6 of
the Security Service Act, or by an authorisation given under section
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 section in respect of a disclosure falling within paragraph ( a )
of subsection (2) above to prove that at the time of the alleged
offence he did not know, and had no reasonable cause to believe,
  OFFICIAL SECRETS       [ CAP. 50.   11
that the disclosure would have any of the effects there mentioned.
(5) It is a defence for a person charged with an offence under
this section 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
section applies.
(6) In this section "legal custody" includes detention in
pursuance of any enactment or any instrument made under an
enactment.
Information 
resulting from 
unauthorised 
disclosures or 
entrusted in 
confidence.
Added by : 
XVIII.1996.5.
10. (1) Subsection (2) below 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)
above; 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 subsections (3) and (4) below, 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 subsection (1)
above.
(3) In the case or information or a document or article
protected against disclosure by sections 6 to 8 above, a person does
not commit an offence under subsection (2) above 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 subsection as it would be in
relation to a disclosure of that information, document or article by a
  12  CAP. 50. ]               OFFICIAL SECRETS  
public servant in contravention of subsection (3) of section 6,
subsection (1) of section 7 or subsection (1) of section 8 above.
(4) A person does not commit an offence under subsection (2)
above in 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 sub-paragraph (i) of paragraph ( a ) of
subsection (1) above by a government contractor; or
( b ) as mentioned in sub-paragraph (iii) of paragraph ( a ) of
subsection (1) above,
unless that disclosure was by a Maltese citizen or took place in
Malta.
 (5)  For the purposes of this section 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 section 6, 7 or 8 above or is
such as is mentioned in paragraph ( b ) of subsection (1)
of section 8 above; or
( b ) it is information or a document or article to which
section 9 above applies;
and information or a document or article is protected against
disclosure by sections 6 to 8 above if it falls within paragraph ( a )
above.
(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 section 3 of this Act.
Information 
entrusted in 
confidence to other 
States or 
international 
organisations.
Added by: 
XVIII.1996.5.
11. (1) This section 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 subsection (3) below, 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
  OFFICIAL SECRETS       [ CAP. 50.   13
having reasonable cause to believe, that it is such as is mentioned
in subsection (1) above, 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 subsection (2)
above 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.
(4) For the purposes of this section "security", "defence" and
"international relations" have the same meaning as in sections 6, 7
and 8 above 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 subsection (3) of section 6, subsection (1) of
section 7 and subsection (1) of section 8 above.
(5) For the purposes of this section 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.
Authorised 
disclosures. 
Added by:   
XVIII.1996.5.
  12. (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 subsection (1) of section 6 above 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 section "official authorisation" and "official
restriction" mean, subject to subsection (6) below, an authorisation
or restriction duly given or imposed by a public servant or
  14  CAP. 50. ]               OFFICIAL SECRETS  
government contractor or by or on behalf of a prescribed body or a
body of a prescribed class.
(6) In relation to section 11 above "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.
Safe guarding of 
information. 
Amended by: 
L.N.46 of 1965; 
LVIII. 1974.68; 
XLIX. 1981.4; 
XIII. 1983.5; 
VIII. 1990.3. 
Added by:
XVIII.1996.5.
13. (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 paragraph ( a ) of subsection (1) above 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 subsections (1) and (2) above 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 subsection (1) of section 6 above 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
section 10 above 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
section 11 above 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
  OFFICIAL SECRETS       [ CAP. 50.   15
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 subsection (6) above a person discloses
information or a document or article which is official if -
( 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) Subsection (5) of section 10 above applies for the purposes
of subsection (6) above as it applies for the purposes of that
section.
(9) In this section "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.
Penalties. 
Added by: 
XVIII.1996.5.
 14. (1) Every person charged with an offence under sections 6
to 13 of this Act other than subsection (1), (4) or (5) of section 13
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 five thousand liri or to both such
imprisonment and fine.
(2) A person guilty of an offence under subsection (1), (4) or
(5) of section 13 of this Act shall be liable on conviction to
imprisonment for a term not exceeding three months or a fine
( multa ) not exceeding two thousand liri or to both such
imprisonment and fine.
Persons charged 
with a crime may 
be convicted of a 
contravention. 
Amended by: 
XLIX. 1981.4; 
XIII.1983.5; 
XVIII.1996.2,6.
15. 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 one hundred liri or to both such
imprisonment and fine.
Power of arrest.
Amended by: 
XVIII.1996.2.
16. 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.
Penalty for 
harbouring spies. 
Amended by: 
XLIX. 1981.4;
XVIII.1996.2.
17. 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
  16  CAP. 50. ]               OFFICIAL SECRETS  
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
exceeding one year, or to a fine ( multa ) or to both such
imprisonment and fine.
Restriction on 
prosecution. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68; 
XVIII.1996.2,7.
18. 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.
Search warrants.
Amended by: 
XVIII.1996.2, 8.
19. (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 subsections (1), (4) and (5) of
section 13, 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
subsections (1), (4) and (5) of section 13 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 subsections (1), (4) and
(5) of section 13, 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 section.
Interfering with 
officers of the 
Police or members 
of the armed forces 
of Malta. 
Amended by: 
L.N. 148 of 1975; 
XLIX. 1981.4; 
XVIII.1996.2.
20. 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.
  OFFICIAL SECRETS       [ CAP. 50.   17
Registration and 
regulation of 
persons carrying 
on business of 
receiving packets. 
Amended by: 
XXI.1967.37; 
XXII. 1976.4; 
XLIX. 1981.4; 
XIII.1983.5; 
VIII. 1990.3;
XVIII.1996.2,9.
21. (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 five cents 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 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 section, 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 one
  18  CAP. 50. ]               OFFICIAL SECRETS  
hundred liri, or to both such imprisonment and fine.
(5) Nothing in this section 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.
Cap. 254.
(6) Nothing in this section 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.
Cap. 254.
(7) For the purposes of this section the word "packet" shall
have the same meaning attributed to the word "packet" in section 2
of the Post Office Act.
Duty of giving 
information as to 
the commission of 
offences.
Amended by: 
L.N. 148 of 1975; 
XLIX. 1981.4;
XVIII.1996.2.
22. 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.
Attempt, 
incitement, etc., to 
commit offence.
Amended by: 
XVIII.1996.2.
23. 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.
Public may, in 
certain cases, be 
excluded during 
any part of the 
hearing.  
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68; 
L.N. 148 of 1975; 
XXVII.1975.40,
(1),(3);
XVIII.1996.2,10.
24. (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 subsections (1), (4) or (5) of section 13, 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.
Section 3 of Ord.IX 
of 1934, 
incorporated.
(2) In passing sentence upon any person charged with an
offence under this Act, other than an offence under subsections (1),
(4) or (5) of section 13, the court shall state separately in writing
the reasons on which such sentence is based:
Public may be 
excluded during 
delivery of reasons 
on which 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
  OFFICIAL SECRETS       [ CAP. 50.   19
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.
Offences to be 
tried by Criminal 
Court composed of 
three judges sitting 
without a jury. 
Section 2 of Ord. 
IX of 1934, 
incorporated.
Cap. 9.
(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 subsections (1), (4) or (5) of section 13,
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.
Proceedings 
against companies.
Amended by: 
XVIII.1996.2.
25. 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.
Orders. 
Added by: 
XVIII.1996.11.
 26. (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.
Acts done abroad.
Added by: 
XVIII.1996.11.
 27. 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.
