Jersey Law 15/1952
OFFICIAL SECRETS (JERSEY) LAW, 1952.
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A LAW to
apply to the Island provisions analogous to those of the Official Secrets Acts,
1911 to 1939, sanctioned by Order of Her Majesty in Council of the
23rd day of MAY, 1952.
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(Registered on the 21st day of June, 1952).
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STATES OF JERSEY.
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The 24th day of
January, 1952.
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THE STATES, subject to the sanction of
His Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
INTERPRETATION
In this Law, unless the context otherwise requires –
Any reference to a place belonging to His Majesty includes a place
belonging to the public of the Island, or to any department of the Government
of the United Kingdom or of any British possession, whether the place is or is
not actually vested in His Majesty;
Expressions referring to communicating or receiving include any
communicating 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;
The expression “document” includes part of a document;
The expression “misdemeanour” means a
“délit”;
The expression “model” includes design, pattern and
specimen;
The expression “sketch” includes any photograph or
other mode of representing any place or thing;
The expression “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;
The expression “office under His Majesty” includes any
office or employment under the States or in or under any department of the
Government of the United Kingdom or of any British possession;
The expression “offence under this Law” includes any
act, omission or other thing which is punishable under this Law.
ARTICLE 2
DEFINITION OF PROHIBITED PLACE
For the purpose of this Law, the expression “prohibited
place” means –
(a) any work of defence, arsenal,
naval, military or air force establishment or station, factory, dockyard, mine,
minefield, camp, ship or aircraft belonging to or occupied by or on behalf of
His Majesty, 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 His Majesty 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, oil or minerals of
use in time of war; and
(b) any place not belonging
to His Majesty 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, His Majesty, or otherwise on
behalf of His Majesty; and
(c) any place belonging to
or used for the purposes of His Majesty which is for the time being declared by
order of a Secretary of State or the Lieutenant-Governor to be a prohibited
place for the purposes of this Article on the ground that information with
respect thereto, or damage thereto, would be useful to an enemy; and
(d) any railway, 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 sketches,
models, plans or documents relating thereto, are being made, repaired or stored
otherwise than on behalf of His Majesty, which is for the time being declared
by order of a Secretary of State or the Lieutenant-Governor to be a prohibited
place for the purposes of this Article, on the ground that information with
respect thereto, or the destruction or obstruction thereof, or interference
therwith, would be useful to an enemy.
ARTICLE 3
PENALTIES FOR SPYING
(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 Law; 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 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.
(2) On
a prosecution under this Article, 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 Law, or anything in such a place, or any secret official code word or pass
word, 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) In
any proceedings against a person for an offence under this Article, the fact
that he has been in communication with, or attempted to communicate with, a
foreign agent, whether within or without the Island, shall be evidence that he
has, for a purpose prejudicial to the safety or 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 an enemy.
(4) For
the purposes of this Article, but without prejudice to the generality of
paragraph (3) thereof –
(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 without the Island, visited the address of a foreign
agent or consorted or associated with a foreign agent; or
(ii) either
within or without the Island, the name and 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 or having been employed by a foreign power either directly
or indirectly for the purpose of committing an act, either within or without
the Island, prejudicial to the safety or interests of the State, or who has or
is reasonably suspected of having, either within or without the Island,
committed or attempted to commit, such an act in the interests of a foreign
power;
(c) any address, whether
within or without the Island, 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 address to be communications with a foreign agent.
(5) Where
the Attorney General is satisfied that there is reasonable ground for
suspecting that an offence under this Article has been committed and for
believing that any person is able to furnish information as to the offence or
suspected offence, he may authorize a Constable or Centenier to require the
person believed to be able to furnish information to give any information in
his power relating to the offence or suspected offence, and, if so required and
on tender of his reasonable expenses, to attend at such reasonable time and
place as may be specified by the Constable or Centenier; and if a person
required in pursuance of such an authorization to give information, or to
attend as aforesaid, fails to comply with any such requirement or knowingly
gives false information, he shall be guilty of a misdemeanour.
ARTICLE 4
WRONGFUL COMMUNICATION, ETC., OF INFORMATION
(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 Law 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 authorized to communicate it, or
a person to whom it is in the interest of the State his duty to communicate it;
or
(b) uses the information in
his possession for the benefit of any foreign power or in any other manner
prejudicial to the safety or interests of the State; or
(c) 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
(d) 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;
that person shall be guilty of a misdemeanour.
(2) 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.
(3) 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 Law, 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.
ARTICLE 5
PENALTY FOR HARBOURING SPIES
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 Article 3 or 4 of this Law, 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
such persons, wilfully omits or refuses to disclose to a Constable or Centenier
any information which it is in his power to give in relation to any such
person, he shall be guilty of a misdeameanour.
ARTICLE 6
PERSON CHARGED WITH FELONY MAY BE CONVICTED OF MISDEMEANOUR
Any person charged with an offence under Article 3 of this Law,
may, if the circumstances warrant such a finding, be found guilty of an offence
under Article 4 of this Law.
ARTICLE 7
POWER TO ARREST
Any person who is found committing an offence under Article 3, 4 or
5 of this Law, whether that offence is a felony or not, 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 in the same manner as
a person who is found committing a felony.
ARTICLE 8
RESTRICTION ON PROSECUTION
A prosecution for an offence under Article 3, 4 or 5 of this Law
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, notwitstanding 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.
ARTICLE 9
SEARCH WARRANTS
(1) If
the Bailiff is satisfied by information on oath that there is reasonable ground
for suspecting that an offence under Article 3, 4 or 5 of this Law has been or
is about to be committed, he may grant a search warrant authorizing any officer
of police, whether honorary or paid, 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 such an offence having been or being about to be
committed, which he may find on the premises or place or on any such person,
and with regard to or in connexion with which he has reasonable ground for
suspecting that such an offence has been or is about to be committed.
(2) Where
it appears to a Constable or Centenier that the case is one of great emergency
and that in the interests of the State immediate action is necessary, he shall
have the like authority to exercise any of the powers set out in paragraph (1)
of this Article as such authority had been given by a warrant granted by the
Bailiff under this Article.
ARTICLE 10
UNAUTHORIZED USE OF UNIFORMS; FALSIFICATION OF REPORTS. FORGERY,
PERSONATION AND FALSE DOCUMENTS
(1) If
any person for the purpose of gaining admission, or of assisting any other
person to gain admission, to a prohibited place, or for any other purpose
prejudicial to the safety or interests of the State –
(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) forges, alters or
tampers with any passport or any naval, military, air force, police, or
official pass, permit, certificate, licence or other document of a similar
character (hereafter in this Article 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 person holding, or in the employment of a person
holding, office under His Majesty, or to be or not to be a person to whom an
official document or secret official code word or pass word has been duly
issued or communicated, or with intent to obtain an official document, secret
official code word or pass word, 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 His Majesty, 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 guilty of a misdemeanour.
(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 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 pass word so issued, or, without
lawful authority or excuse, has in his possession any official document or
secret official code word or pass word 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 an officer of police, whether
honorary or paid; 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 guilty of a misdemeanour.
(3) In
the case of any prosecution under this Article involving the proof of a purpose
prejudicial to the safety or interests of the State, paragraph (2) of Article 3
of this Law shall apply in like manner as it applies to prosecutions under that
Article.
ARTICLE 11
INTERFERING WITH OFFICERS OF POLICE OR MEMBERS OF HIS
MAJESTY’S FORCES
No person in the vicinity of any prohibited place shall obstruct,
knowingly mislead or otherwise interfere with, or impede, any officer of
police, whether honorary or paid, or any member of His Majesty’s forces
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 guilty of a misdemeanour.
ARTICLE 12
POWER TO REQUIRE THE PRODUCTION OF TELEGRAMS
(1) Where
it appears to a Secretary of State that such a course is expedient in the
public interest, he may, by warrant under his hand, require any person who owns
or controls any telegraphic cable or wire, or any apparatus for wireless
telegraphy, used for the sending or receipt of telegrams to or from any place
out of the Island, to produce to him, or to any person named in the warrant,
the originals and transcripts, either of all telegrams, or of telegrams of any
specified class or description, or of telegrams sent from or addressed to any
specified person or place, sent or received to or from any place out of the
Island by means of any such cable, wire or apparatus, and all other papers
relating to any such telegram as aforesaid.
(2) Any
person who, on being required to produce any such original or transcript or
paper as aforesaid, refuses or neglects to do so, shall be guilty of an offence
under this Law, and shall, for each offence, be liable on conviction to
imprisonment for a term not exceeding three months, or to a fine not exceeding
fifty pounds sterling, or to both such imprisonment and fine.
(3) In
this Article, the expression “telegram” shall have the same meaning
as in the Telegraph Act, 1869, and the expression “wireless
telegraphy” shall have the same meaning as in the Wireless Telegraphy
Act, 1904.
ARTICLE 13
REGISTRATION AND REGULATION OF PERSONS CARRYING ON THE BUSINESS OF
RECEIVING POSTAL PACKETS
(1) Every
person who carries on, whether alone or in conjunction with any other business,
the business of receiving for reward letters, telegrams or other postal packets
for delivery or forwarding to the persons for whom they are intended, shall as
soon as may be send to the Attorney General, for registration by him, notice of
the fact together with the address or addresses where the business is carried
on, and the Attorney General 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 one shilling with a certificate of
registration, and every person so registered shall from time to time furnish to
the Attorney General notice of any change of address or new address at which
the business is carried on, and such other information as may be necessary for
maintaining the correctness of the particulars entered in the register.
(2) Every
person who carries on such a business as aforesaid shall cause to be entered in
a book kept for the purpose the following particulars –
(a) the name and address of
every person for whom any postal packet is received, or who has requested that
postal packets received may be delivered or forwarded to him;
(b) any instructions that
may have been received as to the delivery or forwarding of postal packets;
(c) in the case of every
postal packet received, the place from which the postal packet comes, and the
date of posting (as shown by the post-mark) 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
postal 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
postal packet forwarded, the name and address to which and the date on which it
is forwarded;
and shall not deliver a letter to any person until that person has
signed a receipt for the same in such book as aforesaid, nor, if that person is
not the person to whom the postal 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 postal packet to another address unless
there are left with him written instructions to that effect signed by the
addressee.
(3) The
books so kept and all postal packets received by a person carrying on any such
business, and any instructions as to the delivery or forwarding of postal
packets received by any such person, shall be kept at all reasonable times open
to inspection by any officer of police, whether honorary or paid.
(4) If
any person contravenes or fails to comply with any of the provisions of this
Article, or furnishes any false information or makes any false entry, he shall
be guilty of an offence under this Law, and shall, for each offence, be liable
on conviction to imprisonment for a term not exceeding one month, or to a fine
not exceeding ten pounds sterling, or to both such imprisonment and fine.
(5) Nothing
in this Article shall apply to postal packets addressed to any office where any
newspaper or periodical is published, being postal packets in reply to
advertisements appearing in such newspaper or periodical.
(6) Nothing
in this Article shall be construed as rendering legal anything which would be
in contravention of the exclusive privilege of the Postmaster General under the
Post Office Acts, 1908 to 1920, or the Telegraph Acts, 1863 to 1920.
ARTICLE
14
ATTEMPTS, INCITEMENTS,
ETC
Any person who attempts to commit any offence under this Law, or
solicits or incites or endeavours to persuade another person to commit an
offence, or aids or abets or does any act preparatory to the commission of an
offence under this Law, shall be guilty of the same offence, and on conviction
liable to the same punishment, and to be proceeded against in the same manner,
as if he had committed the offence.
ARTICLE 15
PROVISIONS AS TO TRIAL AND PUNISHMENT OF OFFENCES
(1) Any
person who is guilty of a felony under this Law shall be liable to penal
servitude for a term of not less than three years and not exceeding fourteen
years.
(2) Any
person who is guilty of a misdemeanour under this Law shall be liable on
conviction to imprisonment for a term not exceeding two years or to a fine not
exceeding fifty pounds sterling, or to both such imprisonment and fine.
(3) 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
proceedings before a court against any person for an offence under this Law or
the proceedings on appeal, or in the course of the trial of a person for felony
or misdemeanour under this Law, 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 any case take place in public.
(4) Where
the person guilty of an offence under this Law 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 or consent.
ARTICLE 16
SHORT TITLE AND REPEAL
(1) This
Law may be cited as the Official Secrets (Jersey) Law, 1952.
(2) The
“Loi réglant l’application à cette Ile des
prescriptions de l’Acte de Parlement intitulé ‘An Act to re-enact
the Official Secrets Act, 1889, with Amendments’ ”, confirmed by
Order of His Majesty in Council of the 28th March, 1912, is hereby
repealed.