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Section 3: Acts prejudicial to Mauritius

Official Secrets Act

consolidated text (as at 1989). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

3. Acts prejudicial to Mauritius (1) Any person who, for any purpose or in any manner likely to prejudice the safety or interests of Mauritius— (a) approaches, inspects, enters, passes over, or is in the neighbourhood of, a prohibited place; (b) makes a plan that is calculated or intended to be, or might be, directly or indirectly, of use to a foreign State or disaffected person; and (c) obtains, receives, collects, retains, records, makes use of, publishes or communicates a code word, plan, article, document or information which is calculated or intended to be or might be, directly or indirectly, of use to a foreign State or disaffected person, (2) Any person who has in his possession or under his control a code word, plan, article, document or information which— (a) relates to, or is used in, a prohibited place; (b) relates to munitions; (c) has been made or obtained in contravention of this Act; (d) he knows, or has reasonable grounds for believing, has been communicated to him in contravention of this Act; (e) has been entrusted in confidence to him— (i) by any person holding office under the Government; (ii) owing to his position as a person who holds or has held office under the Government or who is or was a party to a contract which was made on behalf of the Government or which, in whole or in part, is or was executed in a prohibited place; or O3 – 3 [Issue 1] (iii) owing to his position as a person who is or has been employed by a person who is or was a party to a contract specified in subparagraph (ii); or (f) he has obtained or to which he has had access owing to his position as a person who held office under the Government, and who for any purpose or in any manner likely to prejudice the safety or interests of Mauritius— (i) makes use of the code word, plan, article, document or information; (ii) retains the code word, plan, article, document or information in his possession or under his control; (iii) fails to comply with any directions issued by a lawful authority with regard to the return or disposal of the code word, plan, article, document or information; (iv) communicates the code word, plan, article, document or information to any person, other than a person to whom he is authorised to communicate it or to whom it is his duty to communicate it; or (v) fails to take reasonable care, or, so conducts himself, so as to endanger the safety of the code word, plan, article, document or information, (3) Any person who, without lawful authority, takes a photograph of, or in, a prohibited place shall commit an offence. (4) Any person who, for the purpose of gaining admission, or of assisting any other person to gain admission, to a prohibited place, or for any other purpose or in any manner likely to prejudice the safety or interests of Mauritius— (a) without lawful authority, uses or wears any uniform or falsely represents himself to be a person who is, or has been entitled to use or wear such uniform; (b) in any oral or written declaration, application or document, knowingly makes, or connives at the making of, any false statement; (c) counterfeits, forges, alters or tampers with any official document, official seal or code word; (d) has in his possession or under his control, or makes use of, any official document, official seal or code word which has been counterfeited, forged, altered or tampered with; (e) without lawful authority, has in his possession or under his control, or makes use of, any official document, official ion, application or document, knowingly makes, or connives at the making of, any false statement; (c) counterfeits, forges, alters or tampers with any official document, official seal or code word; (d) has in his possession or under his control, or makes use of, any official document, official seal or code word which has been counterfeited, forged, altered or tampered with; (e) without lawful authority, has in his possession or under his control, or makes use of, any official document, official seal or code word; or [Issue 1] O3 – 4 (f) personates, or falsely represents himself to be, a person holding, or in the employment of a person holding, office under the Government or to be a person to whom an official document, official seal or code word has been lawfully issued or communicated,

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