5.—(1) If any person having in his possession or control any secret official code word, countersign or password, or any photograph, drawing, plan, model, article, note, document or information which —| (a) | relates to or is used in a prohibited place or anything in such a place; | | (b) | relates to munitions of war; | | (c) | has been made or obtained in contravention of this Act; | | (d) | has been entrusted in confidence to him by any person holding office under the Government; or | | (e) | he has obtained, or to which he has had access, owing to his position as a person who holds or has held office under the Government, or as a person who holds, or has held a contract made on behalf of the Government or any specified organisation, or as a person who is or has been employed under a person who holds or has held such an office or contract, |
| does any of the following: |
| (f) | communicates directly or indirectly any such information or thing as aforesaid to any foreign Power other than a foreign Power to whom he is duly authorised to communicate it, or 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; | | (g) | uses any such information or thing as aforesaid for the benefit of any foreign Power other than a foreign Power for whose benefit he is authorised to use it, or in any manner prejudicial to the safety or interests of Singapore; | | (h) | retains in his possession or control any such thing as aforesaid 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 lawful directions issued by lawful authority with regard to the return or disposal thereof; | | (i) | fails to take reasonable care of, or so conducts himself as to endanger the safety or secrecy of, any such information or thing as aforesaid, |
| that person shall be guilty of an offence. |
| (2) If any person receives any secret official code word, countersign, password, or any photograph, drawing, 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, countersign, password, photograph, drawing, plan, model, article, note, document or information is communicated to him in contravention of this Act, he shall be guilty of an offence unless he proves that the communication to him of the code word, countersign, password, photograph, drawing, plan, model, article, note, document or information was contrary to his desire. |
| (3) In any proceedings against a person for an offence under this section, where it is proved that that person is or has been in the employment or service of any foreign Power or government in breach of any undertaking which he has made with the Government or any specified organisation, he shall be deemed to be in possession or control of such information or thing as is referred to in subsection (1) and to have unlawfully communicated that information to a foreign Power or to have used that information or thing in a manner prejudicial to the safety or interests of Singapore. |
| (4) In subsection (3), “undertaking” means any undertaking in writing which a public officer or any other person has made with the Government or any specified organisation whereby the officer or person undertakes not to serve or be employed by any foreign Power or government within a specified period after his retirement or resignation from the public service or that specified organisation or otherwise unless he has obtained the prior approval of the Government or that specified organisation. |
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