PART V
OFFENCES AND PENALTIES
Unlawful operation of telecommunication system
70.—(1)  Subject to this section and section 25, any person who establishes, installs, maintains, provides or operates a telecommunication system or service within Singapore without a licence granted under section 26 or otherwise infringes the privilege conferred upon the Authority by section 24 shall be guilty of an offence.
(2)  A person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
(3)  In the case of an offence in relation to a telecommunication system or service not extending beyond Singapore, every person operating the system or service (or, if different people run different parts of it, each of them) shall be guilty of an offence and, in the case of an offence in relation to a telecommunication system or service extending beyond Singapore, the person or every person operating that portion of such system or service within Singapore (or, if different people operate different parts of the system or service, each of them) shall be guilty of an offence and shall be similarly liable.
(4)  Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
(5)  In any proceedings for an offence under this section, it shall, subject to subsection (6), be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(6)  Where the defence provided by subsection (5) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Prohibitions in respect of radio-communication and telecommunication equipment
71.—(1)  No person shall —
(a)offer for sale, sell or possess for sale any telecommunication equipment; or
(b)possess any radio-communication equipment,
except and in accordance with a licence granted under section 26 or any regulations made under this Act.
(2)  Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Penalty for unlicensed station
72.—(1)  Any person who establishes, installs, maintains, provides or operates a radio-communication system or service or any radio-communication equipment in any place or on board any vessel, aircraft or in any vehicle in Singapore without a licence granted under section 26 or any regulations made under this Act shall be guilty of an offence.
(2)  Any person who is in possession of any radio-communication equipment shall be deemed, until the contrary is proved, to have operated the same.
(3)  The occupier of any dwelling-house or premises in which is installed any radio-communication equipment in respect of which a licence is not in force shall be guilty of an offence.
(4)  It shall be a defence in any proceedings for an offence under subsection (3) that the occupier was not aware and could not with reasonable diligence have become aware of the existence in the dwelling-house or premises of the radio communication equipment.
Exemption from sections 70, 71 and 72
73.  Subject to such conditions as the Authority may impose, sections 70, 71 and 72 shall not apply to any person who has been issued with a licence for the installation or working of any telecommunication equipment under the provisions of any written law in force in any country which is a party to a treaty or any other arrangement to which Singapore is a party pursuant to which licences issued under the written laws in force in each country for the installation or working of any telecommunication equipment are recognised as having force in the other country.
Powers of search and seizure
74.—(1)  Any police officer not below the rank of sergeant or any employee authorised by the Authority may, if he has reasonable grounds for believing that a telecommunication system or service has been established, installed, maintained, operated or provided in contravention of this Act or any regulations made thereunder or in breach of any licence issued by the Authority or that any telecommunication equipment used is of a type that is not approved by the Authority under section 30  —
(a)in the case of any telecommunication equipment or any telecommunication system or service, other than any radio-communication system or service, enter and inspect any place in which the telecommunication equipment is used or the telecommunication system or service is established, installed, maintained, operated or provided, and may seize any telecommunication system or equipment found therein which appears to be used for or in connection with telecommunications; and
(b)in the case of any radio-communication system or service, enter any place in Singapore or stop or board any vessel, aircraft or vehicle and inspect any place therein and may seize any radio-communication system or equipment found therein which appears to be used for or in connection with radio-communications.
(2)  Where any police officer not below the rank of sergeant or any employee authorised by the Authority has reasonable grounds for believing that an offence has been or is being committed under section 70, 71, 72 or 75, he may seize any telecommunication system or equipment or any radio-communication system or equipment used in the commission of the offence.
(3)  If there is no prosecution with regard to any equipment or system seized under this section, the equipment or system shall be taken and deemed to be forfeited to the Authority unless a claim is made within two months from the date of seizure.
(4)  Any person asserting that he is the owner of the equipment or system may personally or by his authorised agent give written notice to the Authority that he claims the same.
(5)  On receipt of the notice, the Authority may direct that the equipment or system be released or may refer the matter to a Magistrate’s Court or a District Court.
(6)  The Magistrate’s Court or the District Court may proceed to the examination of the matter and upon examination shall order that the equipment or system be forfeited or released.
Using unlawful telecommunication system or service
75.  Any person who knowing or having reason to believe that a telecommunication system or service has been established, installed, maintained, operated or provided in contravention of this Act, whether or not such system or service is connected to or provided through a public telecommunication licensee’s installation or plant, uses the system or service for communication or for performing any service incidental thereto or delivers any message for transmission by the system or service or accepts delivery of any message sent shall be guilty of an offence.
Obstruction of public telecommunication or postal licensees
76.—(1)  Any person who —
(a)whilst in any premises used for the purposes of the business of a public telecommunication licensee or a public postal licensee, intentionally obstructs the course of business of the licensee concerned; or
(b)assaults or intentionally obstructs or incites anyone to obstruct or impedes an officer or employee of a public telecommunication licensee or a public postal licensee in the performance of his duties,
shall be guilty of an offence.
(2)  A public telecommunication licensee or a public postal licensee may require any person guilty of an offence under subsection (1) to leave the premises used for the purposes of its business and, if any such offender who is so required refuses or fails to comply with the requirement, he may be removed by an employee of the licensee concerned.
Intentional damage to installation or plant used for telecommunications or posts
77.  Any person who intending —
(a)to prevent or obstruct the transmission or delivery of any message or postal article;
(b)to intercept or to acquaint himself with the contents of any message or letter; or
(c)to commit mischief,
damages, removes, tampers with or touches any installation or plant or any part thereof used for telecommunications or for posts belonging to a public telecommunication licensee or a public postal licensee, as the case may be, or interferes with the radio-communication service or system of a public telecommunication licensee shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Offences by officer, employee or agent of public telecommunication licensees
78.—(1)  Any officer, employee or agent of a public telecommunication licensee who —
(a)wilfully secretes, makes away with or alters any message or record of any message; or
(b)except in obedience to an order under the hand of the Minister or the direction of a court, wilfully omits to transmit or intercepts or acquaints himself with or detains any message or part thereof or deliberately causes a call or connection to be disconnected or not to be connected, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(2)  Subsection (1)(b) shall not apply —
(a)to any act or thing done by an officer, employee or agent of a public telecommunication licensee for or in connection with the installation of a telecommunication line, equipment or the operation or maintenance of a telecommunication system; or
(b)to the tracing of the origin of any telephone call at the request of the subscriber of a telecommunication service.
Fraudulent use of telecommunication system
79.  Any person who dishonestly uses or permits another person to use any telecommunication service provided by a public telecommunication licensee with intent to avoid payment of any charge applicable to the provision of that service shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Sending false message
80.  Any person who transmits or causes to be transmitted a message which he knows to be false or fabricated shall be guilty of an offence and shall be liable on conviction —
(a)in the case where the false or fabricated message contains any reference to the presence in any place or location of a bomb or other thing liable to explode or ignite, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both; and
(b)in any other case, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Fraudulent retention of messages
81.  Any person who fraudulently retains or wilfully secretes, makes away with or detains a message or record of a message which ought to have been delivered to some other person or being required by a public telecommunication licensee to deliver up any such message or record thereof neglects or refuses to do so shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Protection of installation or plant used by public telecommunication or public postal licensees
82.—(1)  No person shall, without the written approval of a public telecommunication licensee or a public postal licensee, as the case may be —
(a)lay or carry any mains, pipes, conduits, circuits or wires in, along, through, across, over or under any street or place in a manner which is likely to interfere with or cause damage to any installation or plant used for telecommunications or for posts;
(b)perform any work of laying, installing, constructing or maintaining any telecommunication line or equipment used or intended for use with any equipment or telecommunication system; or
(c)affix any placard, advertisement, notice or other thing in or on, or paint, tar or in any way disfigure any installation or plant used for telecommunications or for posts.
(2)  Subject to subsection (3), any approval under subsection (1) may be granted or withheld by the licensee concerned or may be granted upon such terms and conditions as the licensee concerned thinks fit to impose.
(3)  Any dispute relating to the withholding of any approval under subsection (1), or the terms and conditions attached to the granting of such approval, shall be referred to the Authority whose decision shall be final.
(4)  Where the commission by any person of an offence under subsection (1) is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
(5)  In any proceedings for an offence under subsection (1), it shall, subject to subsection (6), be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(6)  Where the defence provided by subsection (5) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(7)  Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall, in addition to the forfeiture of any equipment seized, be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
Prohibition of false notice relating to public telecommunication or postal licensees’ installation or plant
83.  Any person who, without the permission of a public telecommunication licensee or a public postal licensee, places or maintains in or on any house or place, belonging to him or under his control, any word, letter or mark which signifies or implies or may reasonably lead the public to believe that the house or place is part of a public telecommunication licensee’s or a public postal licensee’s installation or plant, as the case may be, shall be guilty of an offence.
Charging for use of services provided by public telecommunication or postal licensees
84.—(1)  No person for whom a public telecommunication licensee or a public postal licensee has provided any telecommunication service or postal service, as the case may be, shall without the written approval of the licensee concerned demand, collect or receive payment from any other person for the use of the service by that person.
(2)  Any person who has been granted any approval under subsection (1) shall only demand, collect or receive such charges, rates or fees as may be approved by the public telecommunication licensee or public postal licensee, as the case may be, for the use of the service by any other person.
(3)  Any person who contravenes or fails to comply with subsection (1) or (2) shall be guilty of an offence.
Damage to public telecommunication or postal licensees’ installation or plant
85.—(1)  Any person who wilfully removes, destroys or damages any installation or plant used for telecommunications or for posts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(2)  Notwithstanding subsection (1), any person who damages or suffers to be damaged any cable of a telecommunication system belonging to or under the management or control of a public telecommunication licensee shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 3 years or to both.
(3)  Where an offence under subsection (2) is committed by any person acting as the agent or employee of another person, or being otherwise subject to the supervision or instructions of another person for the purposes of any employment in the course of which the offence was committed, that other person shall without prejudice to the liability of the first-mentioned person, be liable under that subsection in the same manner and to the same extent as if he had personally committed the offence unless he proves to the satisfaction of the court that the offence was committed without his consent or connivance or that it was not attributable to any neglect on his part.
(4)  In any proceedings for an offence under subsection (2), it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Compensation for damage caused to public telecommunication or postal licensees’ installation or plant
86.—(1)  Any person who removes, destroys or damages, whether wilfully, negligently, accidentally or otherwise, the installation or plant used for telecommunications or for posts shall, in addition to any penalty for which he is liable for an offence under this Act, be liable to pay compensation for the damage he has done and the compensation shall be recoverable by civil action or suit before any court of competent jurisdiction.
(2)  Subject to subsection (1), any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of the same.
(3)  Any order under subsection (2) may be enforced as if it were a judgment in a civil action or suit.
Penalty for removing any mark denoting used device for telephony purposes
87.—(1)  Any person who, with fraudulent intent, erases or removes from any device, any mark put or impressed upon the device denoting that the same has been used, or sells or uses any such device shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or imprisonment for a term not exceeding 3 years or to both.
(2)  For the purpose of this section, “device” means any device provided for use by a public telecommunication licensee for accessing any telecommunication equipment of the licensee to enable the telecommunication service of the licensee to be used.
Failure to disconnect equipment not approved under section 30
88.  Where —
(a)any person has under his control a telecommunication system or equipment connected to the telecommunication system or equipment of a public telecommunication licensee which is of a type not approved by the Authority under section 30;
(b)the Authority has given to the person a written notice stating that —
(i)the telecommunication system or equipment under his control is of a type that has not been approved by the Authority under section 30; and
(ii)the person must disconnect the telecommunication system or equipment from the telecommunication system or equipment of the public telecommunication licensee within such period as specified in the notice; and
(c)the person has failed to comply with such notice,
then the person shall be guilty of an offence.
Unlawful operation of postal services
89.  Subject to section 41, any person who —
(a)conveys any letter or postcard or performs any service incidental to such conveyance without a licence granted under section 42;
(b)collects, sends, tenders or delivers in order to be sent a letter or postcard without a licence granted under section 42;
(c)makes a collection of letters or postcards for transmission or distribution to or from any place through a public postal licensee without a licence granted under section 42; or
(d)collects, conveys, tenders, delivers or receives any letter or postcard in contravention of section 41(2),
shall be guilty of an offence.
Offences by officer, employee or agent of public postal licensees
90.  Any officer, employee or agent of a public postal licensee who —
(a)destroys or throws away any postal article in the course of transmission by post or anything contained therein;
(b)commits theft in respect of or dishonestly misappropriates or secretes any postal article in the course of transmission by post or anything contained therein;
(c)except in obedience to an order under the hand of the Minister or the direction of a court, wilfully opens or causes to be opened contrary to his duty any mail bag or postal article in the course of transmission by post or wilfully detains or delays or causes to be detained or delayed the mail bag or postal article;
(d)issues or causes to be issued a document specified for use in connection with the remittance of money with fraudulent intent;
(e)fraudulently puts any wrong official mark on a postal article;
(f)fraudulently alters, removes or causes to disappear any official mark on a postal article;
(g)being entrusted with the delivery of any postal article, knowingly demands or receives any sum of money which is not chargeable under this Act ;
(h)sends by post, or puts into any mail bag any postal article upon which postage has not been paid or charged intending thereby to defraud the public postal licensee of the postage on the postal article;
(i)being entrusted with the preparation or custody of any document relating to the public postal licensee, fraudulently prepares the document incorrectly, or alters, or secretes or destroys the document; or
(j)being employed to carry or deliver any mail bag or postal article in the course of transmission by post does any act with intent to induce the belief that he has visited a place, or delivered a postal article or mail bag, which he has not visited or delivered,
shall be guilty of an offence and shall be liable on conviction for —
(i)an offence under paragraph (a), (b), (c) or (d) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and
(ii)an offence under paragraph (e), (f), (g), (h), (i) or (j) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.
Fraudulent sending of postal article
91.  Any person who sends any postal article bearing any facsimile, imitation or representation of postage stamps or purporting to be prepaid with any postage stamp which has previously been used to prepay any other postal article or which has otherwise been previously used shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Fraudulent retention of postal article
92.—(1)  Any person who —
(a)except in accordance with this Act or unless authorised by a public postal licensee, wilfully retains or secretes or makes away with or keeps or detains or, when required by an employee of a public postal licensee, neglects or refuses to deliver up in the course of transmission by post any postal article or any mail bag containing any postal article; or
(b)except in accordance with this Act or unless authorised by a public postal licensee, wilfully opens or causes to be opened any letter which ought to have been delivered, or does any act whereby the due delivery of a letter to any person is prevented or impeded,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(2)  Nothing in subsection (1)(b) shall apply to a person who does any act to which that subsection applies where he is a parent, or in the position of a parent or guardian, of the person to whom the letter is addressed and the addressee is a minor or his ward.
Penalty for sending anything indecent, etc., by post
93.  Any person who sends by post —
(a)any indecent or obscene article or any postal article having any words, marks or designs of an indecent, obscene, seditious, scurrilous, threatening or grossly offensive character;
(b)anything which is likely to damage any postal article in the course of transmission by post or any postal equipment or injure any employee or agent of a public postal licensee; or
(c)except as otherwise provided by any regulations made under this Act, any explosive, inflammable, dangerous, filthy, noxious or deleterious substance, any sharp instrument not properly protected or any living creature which is noxious or likely to damage any postal article in the course of transmission by post or any postal equipment or to injure any employee or agent of a public postal licensee,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Penalty for making any facsimile, imitation or representation of any postage stamp
94.—(1)  No person shall —
(a)make, deal in, distribute or sell;
(b)knowingly use for postal purposes or for the purpose of remitting or paying any money;
(c)have in his possession without any lawful excuse; or
(d)make or, without any lawful excuse, have in his possession, any die, plate, instrument or material for making,
any facsimile, imitation or representation of any postage stamp or any document used by a public postal licensee in connection with the remittance or payment of money.
(2)  No person shall make, issue or send by post any stamped or embossed envelope, wrapper, card, form or paper in imitation of one issued by a public postal licensee.
(3)  Any person who contravenes or fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(4)  Any stamp, die, plate, instrument or material found in the possession of any person who has contravened or failed to comply with subsection (1) or (2) may be seized by any employee of the public postal licensee and forfeited by a Magistrate’s Court, and shall be dealt with as the Court directs.
Penalty for erasure of mark denoting used postage stamp
95.  Any person who, with fraudulent intent, erases or removes from a postage stamp any mark put or impressed upon the postage stamp denoting that the same has been used, or sells or uses any such postage stamp for postal purposes shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.