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OSAOfficial Secrets Act 1972 - Coggle Diagram
OSA
Official Secrets Act 1972
classified as ‘Top Secret’
Powers of the Minister
The power to classify OR declassify any document as official secret.
Wrongful Communications
communicates the information to any foreign country.
uses the official secret for the benefit of any foreign country.
retains the official secret when he does not have the right to do it.
fails to take care of it.
Arrest Warrant
Search Warrant
Burden of Proof
The authorities who arrest a person don’t need to show the person’s act has a purpose prejudicial to the safety or interests of Malaysia.
Until the person proves otherwise, he will be charged under the act.
This reverses the burden of proof on the defendant which makes it harder for them to proof their innocence.
OSA Amendment 1984
Duty to report request for information
Public officials must report immediately to the police anyone seeking official secret information.
If an official fails to do so, and is convicted, he faces a possible 5-year prison term.
The new Act defines “secret” as any information entrusted to an official in confidence by another official, or obtained by virtue of a position in the public service.
Duty to give information
If a police officer or public officer asks a person for information regarding the offence, that person must cooperate or face a jail term between 1 and 7 years.
Draconian Laws
Case Study
May 13 Incident (1969)