698
THE NEW ZEALAND GAZETTE.
[No. 32

(3.) Where a person commits any act declared by this section to be a misdemeanour, he shall, if he intended to communicate to a foreign State any information, document, sketch, plan, model, or knowledge obtained or taken by him, or intrusted to him as aforesaid, or if he communicates the same to any agent of a foreign State, be guilty of felony, and on conviction be liable, at the discretion of the Court, to penal servitude for life, or for any term not less than five years, or to imprisonment for any term not exceeding two years with or without hard labour.

Breach of official trust.

2. (1.) Where a person, by means of his holding or having held an office under Her Majesty the Queen, has lawfully or unlawfully either obtained possession of or control over any document, sketch, plan, or model, or acquired any information, and at any time corruptly or contrary to his official duty communicates or attempts to communicate that document, sketch, plan, model, or information to any person to whom the same ought not, in the interest of the State, or otherwise in the public interest, to be communicated at that time, he shall be guilty of a breach of official trust.

(2.) A person guilty of a breach of official trust shall—
(a.) If the communication was made or attempted to be made to a foreign State, be guilty of felony, and on conviction be liable, at the discretion of the Court, to penal servitude for life, or for any term not less than five years, or to imprisonment for any term not exceeding two years with or without hard labour; and
(b.) In any other case be guilty of a misdemeanour, and on conviction be liable to imprisonment, with or without hard labour, for a term not exceeding one year, or to a fine, or to both imprisonment and a fine.

(3.) This section shall apply to a person holding a contract with any department of the Government of the United Kingdom, or with the holder of any office under Her Majesty the Queen as such holder, where such contract involves an obligation of secrecy, and to any person employed by any person or body of persons holding such a contract, who is under a like obligation of secrecy, as if the person holding the contract and the person so employed were respectively holders of an office under Her Majesty the Queen.

Punishment for incitement or counselling to commit offence.

3. Any person who incites or counsels, or attempts to procure, another person to commit an offence under this Act, shall be guilty of a misdemeanour, and on conviction be liable to the same punishment as if he had committed the offence.

Expenses of prosecution.

4. The expenses of the prosecution of a misdemeanour under this Act shall be defrayed in like manner as in the case of a felony.

Saving for laws of British possessions.

5. If by any law made before or after the passing of this Act by the Legislature of any British possession provisions are made which appear to Her Majesty the Queen to be of the like effect as those contained in this Act, Her Majesty may, by Order in Council, suspend the operation within such British possession of this Act, or of any part thereof, so long as such law continues in force there, and no longer, and such order shall have effect as if it were enacted in this Act:

Provided that the suspension of this Act, or of any part thereof, in any British possession shall not extend to the holder of an office under Her Majesty the Queen who is not appointed to that office by the Government of that possession.

The expression “British possession” means any part of Her Majesty’s dominions not within the United Kingdom.

Extent of Act and place of trial of offence.

6. (1.) This Act shall apply to all acts made offences by this Act when committed in any part of Her Majesty’s dominions, or when committed by British officers or subjects elsewhere.

(2.) An offence under this Act, if alleged to have been committed out of the United Kingdom, may be inquired of, heard, and determined in any competent British Court in the place where the offence was committed, or in Her Majesty’s High Court of Justice in England or the Central Criminal Court, and the Act of the forty-second year of the reign of King George the Third, c. 85, shall apply in like manner as if the offence were mentioned in that Act, and the Central Criminal Court as well as the High Court possessed the jurisdiction given by that Act to the Court of King’s Bench.

(3.) An offence under this Act shall not be tried by any Court of General or Quarter Sessions, nor by the Sheriff Court in Scotland, nor by any Court out of the United Kingdom which has not jurisdiction to try crimes which involve the greatest punishment allowed by law.

(4.) The provisions of “The Criminal Law and Procedure (Ireland) Act, 1887,” shall not apply to any trial under the provisions of this Act.

Restriction on prosecution.

7. (1.) A prosecution for an offence against this Act shall not be instituted except by or with the consent of the Attorney-General.

(2.) In this section the expression “Attorney-General” means the Attorney- or Solicitor-General for England; and, as respects Scotland, means the Lord Advocate; and, as respects Ireland, means the Attorney- or Solicitor-General for Ireland; and, if the prosecution is instituted in any Court out of the United Kingdom, means the person who in that Court is Attorney-General, or exercises the like functions as the Attorney-General in England.

Interpretations.

8. In this Act, unless the context otherwise requires,—
   Any reference to a place belonging to Her Majesty the Queen includes a place belonging to any department of the Government of the United Kingdom or of any of Her Majesty’s possessions, whether the place is or is not actually vested in Her Majesty:
   Expressions referring to communications include any communication whether in whole or in part, and whether the document, sketch, plan, model, or information itself, or the substance or effect thereof only, be communicated:
   The expression “document” includes part of a document:
   The expression “model” includes design, pattern, and specimen:
   The expression “sketch” includes any photograph or other mode of representation of any place or thing:
   The expression “office under Her Majesty the Queen” includes any office or employment in or under any department of the Government of the United Kingdom, and, so far as regards any document, sketch, plan, model, or information relating to the naval or military affairs of Her Majesty, includes any office or employment in or under any department of the Government of any of Her Majesty’s possessions.

Saving.

9. This Act shall not exempt any person from any proceeding for an offence which is punishable at common law, or by military or naval law, or under any Act of Parliament other than this Act, so, however, that no person be punished twice for the same offence.

Short Title.

10. This Act may be cited as “The Official Secrets Act, 1889.”

Result of Poll for Proposed Loan, County of Cook.

Colonial Secretary’s Office,
Wellington, 9th June, 1890.

THE following notice, received from the Chairman of the Cook County Council, is published in accordance with “The Local Bodies’ Loans Act, 1886.”

W. R. RUSSELL.

COOK COUNTY COUNCIL.

At a poll of the ratepayers within a special district (bounded by the Wairoa Road, the Hangaroa River, Waihau No. 1 Block, and Section 2, Block XII., Hangaroa Survey District), upon a proposal to obtain £480 under the Government Loans to Local Bodies Act, 1886 and 1889, upon the security of the land fund and a special rate of 1d. in the pound, the following votes were recorded on the 10th May, 1890:—

For the proposal, 11 persons, exercising 11 votes; against the proposal, 2 persons, exercising 2 votes; informal, 1 vote. Total number on the roll, 21 persons, capable of exercising 21 votes.

As a majority of persons recorded a majority of votes in favour of the proposal, I declare it carried.

JOHN CLARK,
Gisborne, 2nd June, 1890.
Chairman.

Tenders.

Public Buildings Office,
Wellington, 10th June, 1890.

THE following list of successful and unsuccessful tenders is published for general information.

THOS. FERGUS,
Minister for Public Works.

STAMP PRINTING OFFICE, WELLINGTON, CONTRACT.

Accepted.

Croft and Hunt, Wellington .. .. .. £ s. d.
625 0 0

Declined.

James Russell, Wellington .. .. .. 638 15 8
Joshua Goodfellow, Wellington .. .. 663 3 0
James Trevor, Wellington .. .. .. 670 0 0
James Edwards, Wellington .. .. .. 677 0 0
Donald McLean, Wellington .. .. .. 850 0 0