Cap. 50 Art. 5Evidence of offence.
(1) In any proceedings against a person for an offence under article 3, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or outside Malta, shall be evidence that he has, for a purpose prejudicial to the safety or the interests of the State, obtained or attempted to obtain information which is calculated to be or might be or is intended to be directly or indirectly useful to any enemy.
(2) For the purpose of this article, but without prejudice to the generality of the foregoing provision -
(a) a person shall, unless he proves the contrary, be deemed to have been in communication with a foreign agent if -
(i) he has either within or outside Malta, visited the address of a foreign agent or consorted or associated with a foreign agent; or
(ii) either, within or outside Malta, the name or address of, or any other information regarding a foreign agent has been found in his possession, or has been supplied by him to any other person, or has been obtained by him from any other person;
(b) the expression "foreign agent" includes any person who is or has been or is reasonably suspected of being or having been employed by a foreign power or other within or outside Malta, committed, or attempted to commit, such an act in the interests of a foreign power or hostile agency;
(c) any address whether within or outside Malta, reasonably suspected of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of a foreign agent, and communications addressed to such an addressee to be communications with a foreign agent.
Änderungsgeschichte
- Amended by XVIII.1996.2