8. The principal Act is amended by inserting, immediately after section 14, the following sections:| “Making of harassing or obscene telephone calls to emergency telephone numbers |
14A.—(1) Any person who makes a telephone call to an emergency telephone number with intent to annoy, abuse, threaten or harass any person who answers the telephone call shall be guilty of an offence and, subject to subsection (3), shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.| (2) Any person who makes a telephone call to an emergency telephone number and, upon the call being answered, makes or solicits any comment, request, suggestion, proposal or other communication or sound which is obscene, lewd, lascivious, filthy or indecent, shall be guilty of an offence and, subject to subsection (3), 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. |
(3) Any person who uses a public telephone to commit an offence —| (a) | under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and | | (b) | under subsection (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. |
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(4) For the purposes of this section —| (a) | “emergency telephone number” means any telephone number which the Minister may, by order published in the Gazette, declare to be an emergency telephone number; and | | (b) | a person who makes a telephone call to an emergency telephone number and, upon the telephone call being answered, refuses to speak or immediately hangs up shall be presumed until the contrary is proved to have intent to annoy any person answering the telephone call. |
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| (5) For the purposes of this section and section 14B, “public telephone” means a telephone which is available for use by any member of the public with or without payment. |
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14B.—(1) Any person being the subscriber to a telephone service which has been used to commit an offence under section 14A shall, unless he proves to the satisfaction of the court that he had exercised due diligence to prevent the commission of the offence, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.| (2) Subsection (1) shall not apply to the subscriber of a public telephone service. |
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| Furnishing of information |
14C.—(1) A police officer may, for the purpose of investigating into an offence under section 14A or 14B, by notice in writing require any person to furnish, within such period as may be specified in the notice, any document or information as may be —| (a) | required by the police officer for the purpose of the investigation; and | | (b) | within the knowledge, or in the custody or under the control, of such person. |
| (2) No action, suit or proceeding shall lie against any person who has furnished any document or information to a police officer pursuant to subsection (1). |
| (3) Any person who, on being required by a notice under subsection (1) to furnish any document or information, fails to comply with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.”. |
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