3.—(1) If any person for any purpose prejudicial to the safety or interests of Singapore —| (a) | approaches, inspects, passes over or is in the neighbourhood of, or enters any prohibited place within the meaning of this Act; | | (b) | makes any photograph, drawing, plan, model or note which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign Power or to an enemy; or | | (c) | obtains, collects, records, publishes or communicates to any other person any secret official code word, countersign or password, or any photograph, drawing, 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 a foreign Power or to an enemy, |
| he shall be guilty of an offence. |
(2) Any person who takes or makes any photograph, drawing, map, measurement, sounding or survey of or within a prohibited place, shall, unless he proves that the thing so taken or made is not prejudicial to the safety or interests of Singapore and is not intended to be directly or indirectly useful to a foreign Power or to an enemy, be guilty of an offence:| Provided that it shall not be an offence under this subsection to take or make, outside a prohibited place, a photograph or drawing in which such place or part thereof is included, unless it is proved that the photograph or drawing is intended to be prejudicial to the safety or interests of Singapore or to be directly or indirectly useful to a foreign Power or to an enemy. This proviso does not apply to any photograph taken from an aircraft. |
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| (3) The taking or making of any photograph, drawing, map, measurement, sounding or survey in accordance with the terms and conditions in such permit as the competent authority sees fit to give shall not be an offence under subsection (2). It may be a term or condition of that permit that anything so taken or made shall immediately be submitted to the competent authority for examination who, if satisfied that there is reasonable cause to believe that the thing so taken or made contains matter or information prejudicial to the safety or interests of Singapore and directly or indirectly useful to a foreign Power or to an enemy, shall send it to the Minister, and the Minister may give such orders in respect of the thing as he is empowered to give under subsection (8). |
| (4) The Minister may, by notification in the Gazette, provide who shall be the competent authority for the purposes of subsection (3). |
| (5) Any person who makes or assists in making a declaration or statement which is false in any material respect for the purpose of obtaining a permit from a competent authority shall be guilty of an offence and shall be liable on conviction before a District Court to a fine not exceeding $2,000, or before a Magistrate’s Court to a fine not exceeding $1,000. |
| (6) On a prosecution under this section, 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 Singapore, 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, or from his having acted in contravention of section 6 or in the manner mentioned in section 7, it appears that his purpose was a purpose prejudicial to the safety or interests of Singapore and if any photograph, drawing, plan, model, article, note, document or information relating to or used in any prohibited place within the meaning of this Act, or anything in such a place, or any secret official code word, countersign or password 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 Singapore unless the contrary is proved. |
| (7) If a Magistrate’s Court is satisfied that there is reasonable cause to believe that a photograph or drawing contains matter or information prejudicial to the safety or interests of Singapore and directly or indirectly useful to a foreign Power or to an enemy, the Court may issue a search warrant to search for and seize such photograph or drawing even though an offence under this Act is not alleged to have been committed. |
| (8) The photograph or drawing, if seized under the search warrant or voluntarily produced by the person in whose possession it is, shall be sent by the Court to the Minister, and the Minister may if he considers that the photograph or drawing contains matter or information prejudicial to the safety or interests of Singapore and directly or indirectly useful to a foreign Power or to an enemy, order the photograph or drawing to be forfeited, or order that any part of the photograph or drawing be obliterated, erased or removed. |
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