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OFFICIAL SECRETS ACT 1911 - SECT 2

Wrongful communication, etc. of information.

2.(1) If any person having in his possession or control [any secret official
code word, or pass word, or] any sketch, plan, model, article, note, document,
or information which relates to or is used in a prohibited place or anything
in such a place, or which has been made or obtained in contravention of
this Act, or which has been entrusted in confidence to him by any person
holding office under His Majesty or which he has obtained [or to which he has
had access] owing to his position as a person who holds or has held
office under His Majesty, or as a person who holds or has held a contract made
on behalf of His Majesty, or as a person who is or has been employed under a
person who holds or has held such an office or contract,

(a)communicates the [code word, pass word,] sketch, plan, model, article,
note, document, or information to any person, other than a person to whom he
is authorised to communicate it, or a person to whom it is in the interest of
the State his duty to communicate it, or

(b)retains the sketch, plan, model, article, note, or document in his
possession or control when he has no right to retain it or when it is contrary
to his duty to retain it [or fails to comply with all directions issued by
lawful authority with regard to the return or disposal thereof]: [or

(c)fails to take reasonable care of, or so conducts himself as to endanger the
safety of the sketch, plan, model, article, note, document, secret official
code or pass word or information:]

[(1A) If any person having in his possession or control any sketch, plan,
model, article, note, document, or information which relates to
munitions of war, communicates it directly or indirectly to any foreign power,
or in any other manner prejudicial to the safety or interests of the State,
that person shall be guilty of a misdemeanour].

(2) If any person receives any [secret official code word, or pass word, or]
sketch, plan, model, article, note, document, or information, knowing, or
having reasonable ground to believe, at the time when he receives it, that the
[code word, pass word,] sketch, plan, model, article, note, document, or
information is communicated to him in contravention of this Act, he shall be
guilty of a misdemeanour, unless he proves that the communication to him of
the [code word, pass word,] sketch, plan, model, article, note, document, or
information was contrary to his desire.

Subs.(3) rep. by 1920 c.75 s.11 sch.2

© 1911 Crown Copyright

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