DOCSLIB.ORG

Official Secrets Bill-66-2

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Official Secrets Bill-66-2 OFFICIAL SECRETS BILL EXPLANATORY NOTE THE present New Zealand law as to official seerets is contained in a United' Kingdom Aet, the Offieial Seerets Aet 1911 (1 & 2 Geo. V, eh. 28, Halsbury's Statutes of England, Vol. IV, p. 779), and in section 61 of the Defence Act 1909 (Reprint of Statutes, Vol. II, p. 596). The Defence Aet 1909 has been repealed by the New Zealand Army Aet 1950 whieh is to be brought into force by Proelamation, and does not contain any provisions as to official seerets. The Official Secrets Aet 1911 has been amended by two further United Kingdom Acts-namely, the Official Secrets Act 1920 (10 & 11 Geo. V, ch. 75, Halsbury's Statutes, Vol. IV, p. 843), and the Official Seerets Aet 1939 (2 & 3 Geo. VI, eh. 121). These two amending Acts are not in foree in New Zealand. The purpose of this Bill is to set out the law in one comprehensive New Zealand Act suited to New Zealand eonditions and requirements. The Bill is based on the three United Kingdom Aets, with the addition of clause 8 as to unlawful mapping, whieh is based on seetion 83 of the Crimes Act 1914, of Australia, and with sueh ineidental provisions and adaptations as are deemed necessary to meet New Zealand eonditions. The Bill is drafted so as to apply to the island territories and Western Samoa, as well as New Zealand proper, and so as to be in force in those territories. On the other hand, referenees to His Majesty are limited to His Majesty in right of New Zealand. The following notes explain the main clauses of the Bill:- Clause 3 (Spying) : This clause defines the crime of spying and provides a penalty of imprisonment for a term not exceeding fourteen years or, in the ease of a eompany, a fine not exceeding £5,000. Under subclause (2) a person charged with spying may be convicted of any of the less serious offenees under the Aet of which the evidence shows him to be guilty. Clause 4: This clause provides that the fact that an aeeused person has communicated or attempted to eommunicate with a foreign agent shall be evidenee that he has, for a purpose prejudieial to the safety or interests of the State, obtained or attempted to obtain information whieh is calculated to be or might be or is intended to be useful to an enemy. Clause 5 defines certain offenees in relation to the unlawful use of uniforms, the making pf false statements, the forging of passports, permits, and similar documents, impersonation, the unlawful use or possession of or dealing with official dies, seals, or stamps, and the wrongful retention or communication of- passports, &e., and eode words and passwords. No. 66-2 ii Clause 6 relates to the wrongful communication of information. Clause 7 relates to the method of proving that an aeeused person had a purpose prejudieial to the safety or interests of the State in doing some aet that he is proved to have eommitted. The elause provides that, unless the contrary is proved, sueh a purpose may be inferred from the eireumstanees of the ease, or his conduct, or his known character as proved, or from the wrongful collection or eommunieation of information in certain circumstances. Struck out Clause 8 prohibits unlawful mapping by any means. Clause 9 makes it an offence to interfere with the police, or with persons on guard, near a prohibited place. Clause 10 defines the offenee of harbouring spies. CZawB 11 relates to attempts and ineitements to commit offenees against the Act. Clause 12 relates to the duty to give information to the poliee in eases authorized by the Attorney-General or, in a ease of great emergency, by the Commissioner of Poliee. Clause 13 authorizes the arrest without warrant of persons found fommitting an offenee against the Aet, or reasonably suspected of having committed or of being about to commit sueh an offence. Clause 14 authorizes the issue of search warrants by a Justiee of the Peace or, in cases of great emergency, by an Inspeetor of Police. Clause 15 requires the eonsent of the Attorney-General to prosecutions for offenees against the Act. Clause 16 relates to the trial and punishment of offenees. Lighter maximum penalties are provided for eases that, with the eonsent of the Attorney-General, are tried summarily (that is, in a Magistrate's Court). Subdause (3) enables the Court to be cleared where a publication of the evidenee would be prejudieial to the safety or interests of the State. Sub- Clatise (4) relates to the liability of the directors and officers of a company or corporation that is eonvieted of an offence against the Aet. Clause 17 applies the Act to the aets of any person in New Zealand <ineluding the island territories and Western Samoa) and to aets done outside New Zealand by New Zealand citizens or New Zealand protected persons or persons holding office under the Government of New Zealand or owing allegianee to His Majesty in right of New Zealand, or by persons who obtained the relevant information while in New Zealand or owing allegiance to His Majesty. Clause 18 applies the Act in relation to, and as part of the law of, the island territories and Western Samoa, and declares it to be a reserved enaetment in Samoa. Clause 19 repeals the Official Seerets Aet 1911 in so far as it is part ·of the law of New Zealand. [As REPORTED FROM THE STATUTES REVISION COMMITTEE] House of Representatives, 4 December 1951 Words struck out by Statutes Revision Committee are shown in roman enclosed in panel; words inserted are shown in blaok. Hot%.Mr. Webb OFFICIAL SECRETS ANALYSIS Title. 9. Interfering with police or per- 1. Short Title. sons on guard. 2. Interpretation. 10. Harbouring spies. 3. Sping. 11. Attempts, ineitements, ke. 4. Communications with foreign 12. Duty of giving information as agents to be evidence of to offenees. eertain offenees. 13. Power to arrest. 5. Unlawful use of uiliforms, 14. Search warrants. forgery, personation, false 15. Restriction on prosecution. documents, &c. 16. Trial and punishment of offenees. 6. Wrongful communication of 17. Extent of Aet. information. 18. Application of Aet to island 7. Proof of purpose prejudicial to territories and Western safety or interests of State. Samoa. 8. Unlawful mapping. 19. Repeal. A BILL INTITULED AN AoT to make better provision in respect of official Title. secrets. BE IT ENACTED by the General Assembly of New 5 Zealand in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as the Official Secrets Act short Title, 1951. No. 66-2 2 Official Secrets Interpretation. 2. In this Act, unless the context otherwise Cf. Official requires,- Secrets Act, 1911 (1 & 2 " Document " includes a part of a document: Geo. V, ch. " Inspector of Police " includes any commissioned 28),ss. 3,12 officer of the Police Force of New Zealand; 5 Official Secrets and also includes any person upon whom the Aet, 1920 ( 10 & 11 Geo. powers of an Inspector of Police are for V, ch. 75), the purposes of this Aet conferred by the ss. 9 (2),10 (U.K.) Governor-General by Order in Council: " Model " ineludes a design, pattern, or specimen: 10 " Munitions of war " means any thing, material, or device, whether actual or proposed, intended or adapted for use in war, or capable of being adapted for use in war; and, for the purposes of this definition (without prejudice to its 15 generality), the expression " use in war " includes use in the production of munitions of war, and the expression " thing, material, or device " includes the whole or any part of any arms, ammunition, missile, implement, ship, 20 vessel, aircraft, vehicle, tank, mine, engine, machinery, apparatus, or naval, military, or air force stores: " Omee under His Majesty " includes any office or employment under the Government of New 25 Zealand; and also ineludes any office or employment on, in, or under any board, commission, corporation, or body that is an agent of His Majesty or an instrument of the Executive Government of New Zealand: 30 " Prohibited place " means- (a) Any work of defence belonging to or occupied or used by or £n behalf of His Majesty or the , Government of any other country, including arsenals, naval, military, 35 or air force establishments or stations, factories, dockyards, camps, ships, vessels, and aircraft; and also including telegraph, telephone, wireless, or signal stations or offices; and also including places used for 40 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, oil, or minerals of use in time of war: 46 Oficial Secrets (b) Any place where any munitions of war, or any sketches, plans, models, or docu- ments relating thereto are being made, repaired, gotten, or stored under contract with 5 the Government of New Zealand or of any other country or with any person on behalf of any such Government, or otherwise on behalf of any such Government: (c) Any place which is for the time 10 being declared by the Governor-General by Order in Council to be a prohibited place for the purposes of this Aet: " Sketch " includes any mode of representing any place or thing, whether by photography or 15 otherwise, and in particular includes a map: Any reference to His Majesty means His Majesty in right of New Zealand: Any reference to a place belonging to His Majesty includes a place belonging to any Department 20 of the Government of New Zealand or to any board, commission, corporation, or body that is ali agent of His Majesty or an instrument of the Executive Government of New Zealand, whether the place is or is not actually vested 25 iii His Majesty: Expressions referring to communicating or receiv- ing include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or 30 information itself or the substance, effect, or description thereof only is communicated or received; expressions referring to obtaining or retaining any sketch, plan, model, article, note, or document include copying or causing 35 to be copied the whole or any part thereof (whether by photography or otherwise) ; and expressions referring to the communica- tion of any sketch, plan, model, artiele, note, or document include the transfer or trans- 40 mission thereof.
Load more

Recommended publications
  • Public Law and Civil Liberties ISBN 978-1-137-54503-9.Indd
    Copyrighted material – 9781137545039 Contents Preface . v Magna Carta (1215) . 1 The Bill of Rights (1688) . 2 The Act of Settlement (1700) . 5 Union with Scotland Act 1706 . 6 Official Secrets Act 1911 . 7 Parliament Acts 1911 and 1949 . 8 Official Secrets Act 1920 . 10 The Statute of Westminster 1931 . 11 Public Order Act 1936 . 12 Statutory Instruments Act 1946 . 13 Crown Proceedings Act 1947 . 14 Life Peerages Act 1958 . 16 Obscene Publications Act 1959 . 17 Parliamentary Commissioner Act 1967 . 19 European Communities Act 1972 . 24 Local Government Act 1972 . 26 Local Government Act 1974 . 30 House of Commons Disqualification Act 1975 . 36 Ministerial and Other Salaries Act 1975 . 38 Highways Act 1980 . 39 Senior Courts Act 1981 . 39 Police and Criminal Evidence Act 1984 . 45 Public Order Act 1986 . 82 Official Secrets Act 1989 . 90 Security Service Act 1989 . 96 Intelligence Services Act 1994 . 97 Criminal Justice and Public Order Act 1994 . 100 Police Act 1996 . 104 Police Act 1997 . 106 Human Rights Act 1998 . 110 Scotland Act 1998 . 116 Northern Ireland Act 1998 . 121 House of Lords Act 1999 . 126 Freedom of Information Act 2000 . 126 Terrorism Act 2000 . 141 Criminal Justice and Police Act 2001 . 152 Anti-terrorism, Crime and Security Act 2001 . 158 Police Reform Act 2002 . 159 Constitutional Reform Act 2005 . 179 Serious Organised Crime and Police Act 2005 . 187 Equality Act 2006 . 193 Terrorism Act 2006 . 196 Government of Wales Act 2006 . 204 Serious Crime Act 2007 . 209 UK Borders Act 2007 . 212 Parliamentary Standards Act 2009 . 213 Constitutional Reform and Governance Act 2010 . 218 European Union Act 2011 .
    [Show full text]
  • Master Key to Good Governance
    1 FIRST REPORT SECOND ADMISTRATIVE REFORMS COMMISSION SECOND ADMISTRATIVE REFORMS COMMISSION SECOND ADMISTRATIVE RIGHT TO INFORMATION Master Key to Good Governance Second Administrative Reforms Commission Government of India 2nd Floor, Vigyan Bhawan Annexe, Maulana Azad Road, New Delhi 110 011 e-mail : [email protected] website : http://arc.gov.in JUNE 2006 GOVERNMENT OF INDIA SECOND ADMINISTRATIVE REFORMS COMMISSION FIRST REPORT RIGHT TO INFORMATION MASTER KEY TO GOOD GOVERNANCE JUNE 2006 PREFACE The Second Administrative Reforms Commission has been constituted to prepare a detailed blueprint for revamping the public administration system. The Commission has been given wide terms of reference covering all aspects of public administration. The Commission in its first report decided to analyze and give recommendations on the freedom of information as the Right to Information Act has been enacted recently and is a paradigm shift in administration. The Right to Information Act is a path-breaking legislation which signals the march from darkness of secrecy to dawn of transparency. It lights up the mindset of public authorities, which is clouded by suspicion and secrecy. Openness in the exercise of public power – Executive, Legislative or Judiciary – is a culture, which needs to be nurtured, with privacy and confidentiality being an exception. The right to information will also be a powerful means for fighting corruption. The effective implementation of the Right to Information Act will create an environment of vigilance which will help promote functioning of a more participatory democracy. James Madison once said, “A people who mean to be their own governors must arm themselves with power that knowledge gives”.
    [Show full text]
  • Intelligence Agents As Authors: a Comparison of the British Courts' Position on Attorney-General V
    Loyola of Los Angeles International and Comparative Law Review Volume 11 Number 2 Article 4 3-1-1989 Intelligence Agents as Authors: A Comparison of the British Courts' Position on Attorney-General v. Heinemann Publishers and the United States Supreme Court Decision of Snepp v. United States Nancy Alyce Jerian Follow this and additional works at: https://digitalcommons.lmu.edu/ilr Part of the Law Commons Recommended Citation Nancy Alyce Jerian, Intelligence Agents as Authors: A Comparison of the British Courts' Position on Attorney-General v. Heinemann Publishers and the United States Supreme Court Decision of Snepp v. United States, 11 Loy. L.A. Int'l & Comp. L. Rev. 345 (1989). Available at: https://digitalcommons.lmu.edu/ilr/vol11/iss2/4 This Notes and Comments is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles International and Comparative Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. NOTES AND COMMENTS Intelligence Agents as Authors: A Comparison of the British Courts' Position on Attorney-General v. Heinemann Publishers and the United States Supreme Court Decision of Snepp v. United States I. INTRODUCTION In 1976, Peter Wright retired from a twenty-one year career with the British Security Service. I Throughout his career, Wright had gained access to virtually all classified information concerning British intelligence and the intelligence of other major world powers.
    [Show full text]
  • Secrecy Laws and Open Government in Australia
    Secrecy Laws and Open Government in Australia REPORT REPORT 112 December 2009 This Report reflects the law as at 11 November 2009 © Commonwealth of Australia 2009 This work is copyright. You may download, display, print and reproduce this material in whole or part, subject to acknowledgement of the source, for your personal, non- commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved. Requests for further authorisation should be directed by letter to the Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or electronically via www.ag.gov.au/cca. ISBN- 978-0-9807194-0-6 Commission Reference: ALRC Report 112 The Australian Law Reform Commission was established on 1 January 1975 by the Law Reform Commission Act 1973 (Cth) and reconstituted by the Australian Law Reform Commission Act 1996 (Cth). The office of the ALRC is at Level 25, 135 King Street, Sydney, NSW, 2000, Australia. All ALRC publications can be made available in a range of accessible formats for people with disabilities. If you require assistance, please contact the ALRC. Telephone: within Australia (02) 8238 6333 International +61 2 8238 6333 TTY: (02) 8238 6379 Facsimile: within Australia (02) 8238 6363 International +61 2 8238 6363 E-mail: [email protected] Homepage: www.alrc.gov.au Printed by Ligare The Hon Robert McClelland MP Attorney-General of Australia Parliament House Canberra ACT 2600 11 December 2009 Dear Attorney-General Review of Secrecy Laws On 5 August 2008, you issued terms of reference for the ALRC to undertake a comprehensive review of secrecy laws and related issues.
    [Show full text]
  • Combatting the Opposition: English and United States Restrictions on the Public Right of Access to Governmental Information Patti Goldman
    Hastings International and Comparative Law Review Volume 8 Article 1 Number 3 Spring 1985 1-1-1985 Combatting the Opposition: English and United States Restrictions on the Public Right of Access to Governmental Information Patti Goldman Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Patti Goldman, Combatting the Opposition: English and United States Restrictions on the Public Right of Access to Governmental Information, 8 Hastings Int'l & Comp. L. Rev. 249 (1985). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol8/iss3/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Combatting the Opposition: English and United States Restrictions on the Public Right of Access to Governmental Information By PATrI GOLDMAN B.A., University of Wisconsin, 1978; J.D., University of Wisconsin. 1983; Di- rector of the Freedom of Information Clearinghouse. I. INTRODUCTION Societies need vigorous criticism and challenges to their preconcep- tions to improve governmental decision-making. Public discussion and dissent are particularly essential during national crises, such as military engagements or attempted expansions of governmental powers. Ironi- cally, when public scrutiny is most needed, governments impede the pub- lic's access to information and the public right to criticize governmental activities.2 Throughout Anglo-American history, those in government have sought to silence their opposition.
    [Show full text]
  • Protection of Official Data Report
    Protection of Official Data Report HC 716 Law Com No 395 Law Com No 395 Protection of Official Data Report Presented to Parliament pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 1st September 2020 HC 716 © Crown copyright 2020 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.lawcom.gov.uk. Any enquiries regarding this publication should be sent to us at [email protected] ISBN 978-1-5286-2113-7 CCS0820043516 09/20 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office I The Law Commission The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Justice Green, Chairman Professor Sarah Green Professor Nick Hopkins Professor Penney Lewis Nicholas Paines QC The Chief Executive of the Law Commission is Phil Golding. The Law Commission is located at 1st Floor, Tower, 52 Queen Anne's Gate, London SW1H 9AG. The terms of this report were agreed on 1st July 2020. The text of this report is available on the Law Commission's website at http://www.lawcom.gov.uk.
    [Show full text]
  • Legislation to Counter State Threats (Hostile State Activity)
    Legislation to Counter State Threats (Hostile State Activity) Government Consultation This consultation begins on Thursday 13th May 2021 This consultation ends on Thursday 22nd July 2021 1 About this consultation To: This consultation is open to the public. We will be particularly interested to hear from those who may be impacted by the proposals, should they form legislation, including those in Industry and Research as well the general public. Duration: From Thursday 13th May 2021 to Thursday 22nd July 2021 Enquiries to: State Threats Consultation Homeland Security Group Home Office 5th Floor, Peel Building 2 Marsham Street London SW1P 4DF [email protected] How to respond: Please provide your response by 17:00 on Thursday 22nd July 2021 at: https://www.homeofficesurveys.homeoffice.gov.uk/s/2RJAKB/ If you are unable to use the online system, for example because you use specialist accessibility software that is not compatible with the system, you may download a word document version of the form and email or post it to the above contact details. Please also contact the above details if you require information in any other format, such as Braille, audio or another language. We may not be able to analyse responses not submitted in these provided formats. Response paper: A response to this consultation exercise is due to be published at https://www.gov.uk/government/consultations/legislation-to- counter-state-threats 1 Ministerial Foreword The threat from hostile activity by states is a growing, diversifying and evolving one, manifesting itself in a number of different forms: from cyber- attacks, attempts to steal intellectual property and sensitive government information, threats to critical national infrastructure, and attempts to interfere in democratic processes.
    [Show full text]
  • Official Secrets Act 1920
    Changes to legislation: There are currently no known outstanding effects for the Official Secrets Act 1920. (See end of Document for details) Official Secrets Act 1920 1920 CHAPTER 75 10 and 11 Geo 5 An Act to amend the Official Secrets Act 1911. [23rd December 1920] Modifications etc. (not altering text) C1 Act extended by S.I. 1972/971, art. 4, Sch. 1 Pt. A C2 Act extended by S.I. 1972/971, Sch. 1 Commencement Information I1 Act wholly in force at Royal Assent. 1 Unauthorised use of uniforms; falsification of reports, forgery, personation, and false documents. 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 the M1Official Secrets Act 1911 (hereinafter referred to as “the principal Act”), or for any other purpose prejudicial to the safety or interests of the State within the meaning of the said 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 represents 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) [F1forges, alters, or] tampers with any passport or any naval, military, air- force, police, or official pass, permit, certificate, licence, or other
    [Show full text]
  • 25 April 1946, Civil Liberties Association of Toronto Report on the Espionage Commission
    ICvAsOj /YAc •;« ■ ' j: :4{ r 272 'Stewart St, Ottawa, Canada April 25, 1946 A group of us here is trying to form a Civil Liberties Association, whose first job will be to tackle the myriad breaches- of civil liberties in the government's "spy case" procedure. Pour of us ' have produced the enclosed report, which has not been approved or rat­ ified because there is, as yet, no body to do so. Therefore, if you should happen to wish to use any of it in any way, no reference must be made, except perhaps to "a faet-finding committee in Ottawa." The facts are all accurate, So is the opinion, we feel, but it is merely that of us four. I thought that you in particular, being a Canadian, 1 , might be interested, but I think Miss Kirchwey will find considerable horrified fascination at the detailing of injustices contained therein. / Incidentally, the CLA of Toronto has protested to the government about the "star chamber" methods used, since this report was, made up, and I've just seen an editorial of Bruce Hutchison's in the Winnipeg Free Press of Apr. 11 which says, in part: "For the first time* when the country is not at war, the Government of Canada has repealed,>> for all practical purposes, this most fundamental of all lawsxx*Hdxk±&kaitfc (the right of every citizen to a faijxtrial, no matter how guilty he<may b e l C^and pubTi< _ •^ánd without consulting Parliament, it has conducted a secret trial, by virtue of a secret order-in-council, found the prisoners guilty and handed them over to a jury with the findings of JÜwx&BqpxHraKx&HDtxi two 1 judges of the Supreme Court already made.
    [Show full text]
  • Official Secrets Act 1911
    Changes to legislation: There are currently no known outstanding effects for the Official Secrets Act 1911. (See end of Document for details) Official Secrets Act 1911 1911 CHAPTER 28 1 and 2 Geo 5 An Act to re-enact the Official Secrets Act 1889 with Amendments. [22nd August 1911] Modifications etc. (not altering text) C1 Act extended with modification by European Communities Act 1972 (c. 68), s. 11(2); extended by Fair Employment (Northern Ireland) Act 1976 (c. 25), s. 52(4) and Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 12(2), Sch. 5 para. 45 C2 Act extended by S.I. 1972/971, Sch. 1 C3 Act saved (N.I.)(27.8.1991, temporarily until 15.6.92 unless continued by Order) by Northern Ireland (Emergency Provisions) Act 1991 (c. 28, SIF 39:2), ss. 31(6), 69(1)(2) C4 Act modified (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 2 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11) Commencement Information I1 Act wholly in force at Royal Assent 1 Penalties for spying. (1) If any person for any purpose prejudicial to the safety or interests of the State— (a) approaches, [F1inspects, 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, [F1collects, records, or publishes,] or communicates to any other person [F1any secret official code word, or pass word, or] any 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 guilty of felony .
    [Show full text]
  • The English Libel Crisis: a Sullivan Appellate Review Standard Is Needed
    NYLS Journal of International and Comparative Law Volume 13 Number 2 Volume 13 Numbers 2 & 3 1992 Article 7 1992 THE ENGLISH LIBEL CRISIS: A SULLIVAN APPELLATE REVIEW STANDARD IS NEEDED Sean Thomas Prosser Follow this and additional works at: https://digitalcommons.nyls.edu/ journal_of_international_and_comparative_law Part of the Law Commons Recommended Citation Prosser, Sean Thomas (1992) "THE ENGLISH LIBEL CRISIS: A SULLIVAN APPELLATE REVIEW STANDARD IS NEEDED," NYLS Journal of International and Comparative Law: Vol. 13 : No. 2 , Article 7. Available at: https://digitalcommons.nyls.edu/journal_of_international_and_comparative_law/vol13/iss2/ 7 This Notes and Comments is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of International and Comparative Law by an authorized editor of DigitalCommons@NYLS. THE ENGLISH LIBEL CRISIS: A SULLIVAN APPELLATE REVIEW STANDARD IS NEEDED I. INTRODUCTION Recently, the landmark case in American libel law, New York Times v. Sullivan,' has fallen under sharp criticism. Once seen as a great victory for media defendants, Sullivan is now viewed by many commentators as having failed to justify reasons for its constitutionalizing libel law. By pointing to today's huge jury awards and the cost of defending libel actions, critics say that Sullivan has not cured the inhibiting effect of such costs upon the exercise of First Amendment freedoms.2 It is true that litigation costs and jury awards have increased consider- ably;3 nonetheless, by constitutionalizing libel law, Sullivan has, arguably, succeeded in promoting "robust and wide-open debate' on matters of public concern. This note suggests that Sullivan has succeeded to such an 1.
    [Show full text]
  • Protection of Official Data Summary
    Protection of Official Data Summary Consultation Paper No 230 (Summary) February 2017 PROTECTION OF OFFICIAL DATA EXECUTIVE SUMMARY BACKGROUND TO THIS CONSULTATION 1.1 The Protection of Official Data project was referred to us by the Cabinet Office in late 2015. We commenced work in February 2016 and will publish our final report in Summer 2017. The public consultation now runs from 2 February 2017 to 3 April 2017 and this summary accompanies the publication of our full consultation paper. The consultation paper and associated documents (including a two page press summary) can be found at http://www.lawcom.gov.uk/project/protection-of-official- data/ 1.2 Our comprehensive 300+ page consultation paper contains our analysis of the current domestic and comparative law. We have put paragraph references to our consultation paper in square brackets throughout this document for ease of cross reference. We also reproduce all of our provisional conclusions and consultation questions in full in this summary. They are written in bold text so consultees can easily identify them. SCOPE OF THIS PROJECT 1.3 Most people are aware that the law criminalises the unauthorised disclosure of specified categories of official information. Most of those criminal offences apply only to those people working within or alongside Government who have been trained in how to handle sensitive information. A quite separate set of criminal offences deal with any person who engages in activity that is usually known as espionage: where an individual seeks to gain access to sensitive information with the intent to prejudice the safety or interests of the state usually for the benefit of a foreign power.
    [Show full text]