Cap. 391 Art. 18Exclusion of evidence. Cap. 50. Cap. 250. Cap. 254. Cap. 50. 1. anything property frivolous 2. Functions 3. (1) (2) given, he modifying renewing Report of 4. (1) Security he did, he (2) Special 5. in relation to the

(1) In any proceedings before any court or tribunal no evidence shall be adduced and no question in cross-examination shall be asked which (in either case) tends to suggest -

(a) that an offence under articles 15 or 16 has been or is to be committed by any of the persons mentioned in subarticle (2); or

(b) that a warrant has been or is to be issued to any of those persons: Provided that nothing in this subarticle shall be deemed to preclude the disclosure in evidence of any information which may be disclosed in accordance with or under any other provision of this Act.

(2) The persons referred to in subarticle (1) are -

(a) any member of the Security Service;

(b) any public officer;

(c) any person engaged in the business of providing postal, radiocommunications or telecommunications services;

(d) any person who, in terms of the Official Secrets Act is either:

(i) a government contractor; or

(3) Subarticle (1) does not apply -

(a) in relation to proceedings for a relevant offence or complaints proceedings before the Commissioner; or

(b) where the evidence is adduced or the question in cross-examination is asked for the purpose of establishing the fairness or unfairness of a dismissal on grounds of an offence under article 15 or of conduct from which such an offence might be inferred; and paragraph (a) of that subarticle does not apply where a person has been convicted of the offence under that article.

(4) In this article "relevant offence" means -

(a) an offence under articles 15 and 16 or under articles 46 * and 47 of the Telemalta Corporation Act or articles 50, 51 and 55 of the Post Office Act;

(b) an offence under article 3 of the Official Secrets Act relating to any sketch, plan, model, article, note, document or information which tends to suggest as mentioned in subarticle (1);

(c) an offence under article 9 of the Official Secrets Act relating to any such information, document or article as is mentioned in subarticle (3) of that article;

(d) perjury committed in the course of proceedings for a relevant offence;

(e) that offence committed by whosoever attempts, aids, abets, counsels or procures the commission of an offence falling within any of the preceding paragraphs; and

(f) contempt of court committed in the course of, or in relation to, proceedings for a relevant offence.

(5) Notwithstanding the provisions of any other law, no warrant or other order shall be issued or made by any court restraining any person or authority from the exercise of any of the powers conferred by this Act.

*Repealed by the Telecommunications (Regulation) Act (Chapter 399). (article 13)

INVESTIGATION OF COMPLAINTS

Preliminary

Any person may complain to the Commissioner if he is aggrieved by which he believes the Security Service has done in relation to him or to any of his; and unless the Commissioner considers that the complaint is or vexatious he shall deal with it in accordance with this Schedule.

Investigations by the Commissioner The Commissioner shall investigate -

(a) whether the Security Service has obtained or provided information or performed any other tasks in relation to the actions or intentions of the complainant; and

(b) if so, whether the Security Service had reasonable grounds for doing what it did.

of the Commissioner in relation to complaints

The Commissioner shall investigate, as the case may require -

(a) whether a warrant was issued under article 6 in relation to the property or communications concerned; or

(b) whether an authorisation was given under article 9 to the doing of the act in question. If the Commissioner finds that a warrant was issued or an authorisation was shall determine whether the Minister was acting properly in issuing, or renewing the warrant or, as the case may be, in giving, modifying or the authorisation.

conclusions

Where the Commissioner determines under paragraphs 2 or 3 that the Service or the Minister did not have reasonable grounds for doing what it or shall -

(a) give notice to the complainant that he has made a determination in his favour; and

(b) make a report of his findings to the Prime Minister.

Where in the case of any complaint no such determination as is mentioned in sub-paragraph (1) is made by the Commissioner, he shall give notice to the complainant that no determination in his favour has been made on his complaint.

references

If in any case investigated by the Commissioner -

(a) his conclusions on the matters which he is required to investigate are Service has in any other respect acted unreasonably complainant or his property, he shall so investigate and report to the Prime Minister.

Remedies