| 单词 | official secrets |
| 释义 | official secrets It may be an offence for any person to do any of the following: • to make a sketch, plan, model, or note that might be useful to an enemy of the United Kingdom; • to obtain, record, or communicate to anyone else a secret official code or password or any information or document that is intended to be useful to an enemy; • to enter, approach, inspect, or pass over (e.g. in an aircraft) any prohibited place. Such places include naval, military, or air-force establishments, national munitions factories or depots, and any places belonging to or used by the Crown that an enemy would want to know about. For all three offences the prosecution must prove that the act was done for a purpose that prejudices the safety or interests of the state. Even if no particular prejudicial act can be proved, someone may be convicted if it appears from the circumstances of the case, his conduct, or his known and proven character that his purpose was prejudicial to the interests of the state. There is also a presumption (which may be disproved by the defendant) that any act done within the scope of the three offences without lawful authority is prejudicial to the state’s interests. All three offences are punishable by up to 14 years’ imprisonment. (R v Prime (1983) S Cr App Rep (s) 127). It was also an offence under the Official Secrets Act 1911, section 2, for the holder of a Crown office who had any document or information as a result of his position to pass it on to an unauthorized person, keep it, or use it in any other way that prejudiced the state’s interests. The information concerned did not have to be secret or confidential and the defendant did not have to be aware that harm might result from his act. The offence was punishable by up to two years’ imprisonment, and anyone who received the information knowing or suspecting that it was given in breach of the Acts was liable to the same punishment. Owing to widespread disquiet at the “catch all” nature of these provisions, the Official Secrets Act 1989 replaced section 2 of the 1911 Act with provisions protecting more limited classes of information from disclosure. Under the 1989 Act a member or former member of the security and intelligence services, or any other person notified that he is subject to this provision, commits an offence, punishable with up to two years’ imprisonment and/or a fine, if without lawful authority he discloses or purports to disclose any information, document, or other article relating to security or intelligence. Similarly, Crown servants and “government contractors” are prohibited from making disclosures that damage security services’ operations, endanger UK interests abroad, or result in the commission of an offence and from negligently failing to prevent such disclosures. Other offences relate to the disclosure by an ordinary citizen of protected information communicated in confidence by a Crown servant. It is also an offence to attempt to commit, or incite, or aid and abet any of the above offences and to do any act of preparation for any of these offences. All such acts are subject to the same penalties as the offence they relate to. Thus, for example, buying paper in the knowledge that someone else plans to use it to sketch a military installation could be a preparatory act carrying a sentence of up to 14 years’ imprisonment. See also sabotage; spying; treachery; treason. |
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