PART VI | Unlawful operation of telecommunication system or service |
33.—(1) Subject to this section and section 4, any person who establishes, installs, maintains, provides or operates a telecommunication system or service within Singapore without a licence granted under section 5 or otherwise infringes the privilege conferred upon the Authority by section 3 shall be guilty of an offence.| (2) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $100,000 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 $10,000 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, the person or every person operating the system or service (or, if different people run different parts of the system or service, 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 written notice giving such information identifying or assisting in the identification of that other person as was then in his possession. |
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| Prohibitions in respect of telecommunication and radio-communication equipment |
34.—(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 5 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. |
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| Penalty for unlicensed station |
35.—(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 5 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. |
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| Exemption from sections 33, 34 and 35 |
| 36. Subject to such conditions as the Authority may impose, sections 33, 34 and 35 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 |
37.—(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 granted by the Authority or that any telecommunication equipment used is of a type that is not approved by the Authority under section 9 or that the telecommunication equipment is imported in contravention of any of the provisions of this Act or any regulations made thereunder —| (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 located 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 or is capable of being 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 33, 34, 35, 39 or 42, he may seize any telecommunication system or equipment or any radio-communication system or equipment, or any other thing 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 2 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. |
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| Sealing of telecommunication system or equipment, etc. |
38.—(1) Where it appears to any police officer not below the rank of sergeant or any employee authorised by the Authority that it is not practicable to remove from where it is found any telecommunication system or equipment or any radio-communication system or equipment seized by him under section 37 by reason of its nature, size or amount, he may by any means seal the telecommunication system or equipment or the radio-communication system or equipment.| (2) Any person who, without lawful authority, breaks, tampers with or damages any seal referred to in subsection (1), or removes any telecommunication system or equipment or any radio-communication system or equipment which has been sealed under that subsection, or attempts to do so, shall be guilty of an offence. |
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| Using unlawful telecommunication system or service |
| 39. 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 licensees |
40.—(1) Any person who —| (a) | whilst in any premises used for the purposes of the business of a public telecommunication licensee, intentionally obstructs the course of business of the licensee concerned; or | | (b) | assaults or intentionally obstructs or incites anyone to obstruct or impede an officer or employee of a public telecommunication licensee in the performance of his duties, |
| shall be guilty of an offence. |
| (2) A public telecommunication 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. |
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| Intentional damage to installation or plant used for telecommunications |
41. Any person who intending —| (a) | to prevent or obstruct the transmission or delivery of any message; | | (b) | to intercept or to acquaint himself with the contents of any message; or | | (c) | to commit mischief, |
| damages, removes, tampers with or touches any installation or plant or any part thereof used for telecommunications belonging to a public telecommunication licensee 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. |
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| Offences by officer, employee or agent of public telecommunication licensees |
42.—(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 to —| (a) | 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) | the tracing of the origin of any telephone call at the request of the subscriber of a telecommunication service. |
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| Fraudulent use of telecommunication service |
| 43. Any person who dishonestly uses or permits another person to use any telecommunication service provided by a 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. |
| Possession or supply of any thing for fraudulent purpose in connection with use of telecommunication service |
44.—(1) Subsection (2) shall apply if a person has in his custody or under his control any thing which may be used for the purpose of obtaining, or for a purpose connected with the obtaining of, a service to which section 43 applies.(2) If the person intends —| (a) | to use the thing referred to in subsection (1) —| (i) | to obtain such a service dishonestly; or | | (ii) | for a purpose connected with the dishonest obtaining of such a service; |
| | (b) | dishonestly to allow the thing to be used to obtain such a service; or | | (c) | to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service, |
| he shall be guilty of an offence. |
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| (3) Subsection (4) shall apply if a person supplies or offers to supply any thing which may be used for the purpose of obtaining, or for a purpose connected with the obtaining of, a service to which section 43 applies. |
(4) If the person supplying or offering to supply the thing referred to in subsection (3) knows or believes that the person to whom it is supplied or offered intends or intends if it is supplied to him —| (a) | to use the thing —| (i) | to obtain such a service dishonestly; or | | (ii) | for a purpose connected with the dishonest obtaining of such a service; |
| | (b) | dishonestly to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service; or | | (c) | to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service, |
| he shall be guilty of an offence. |
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| (5) A person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both. |
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45. 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. |
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| Fraudulent retention of messages |
| 46. 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 for telecommunications |
47.—(1) No person shall, without the written approval of the Authority —| (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 | | (b) | 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. |
| (2) Any approval under subsection (1) may be refused by the Authority or granted by the Authority on such terms and conditions as it may determine. |
| (3) 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. |
| (4) In any proceedings for an offence under subsection (1), it shall, subject to subsection (5), 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. |
| (5) Where the defence provided by subsection (4) 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 written notice giving such information identifying or assisting in the identification of that other person as was then in his possession. |
| (6) 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 $10,000 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. |
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| Prohibition of false notice relating to public telecommunication licensees’ installation or plant |
| 48. Any person who, without the permission of a public telecommunication 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 installation or plant shall be guilty of an offence. |
| Damage to public telecommunication licensees’ installation or plant |
49.—(1) Any person who wilfully removes, destroys or damages any installation or plant used for telecommunications shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.| (2) Notwithstanding subsection (1), any person who, in the course of carrying out any earthworks, damages or suffers to be damaged any cable of a telecommunication system belonging to or under the management or control of a telecommunication system licensee shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million or to imprisonment for a term not exceeding 5 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. |
| (5) If in any proceedings for an offence under subsection (2) the defence involves acting on information supplied by a telecommunication system licensee or a licensed telecommunication cable detection worker, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period of 14 clear days before the hearing, he has served on the prosecutor a written notice giving such information as was then in his possession identifying or assisting in the identification of the telecommunication system licensee or telecommunication cable detection worker. |
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| Compensation for damage caused to public telecommunication licensees’ installation or plant |
50.—(1) Any person who removes, destroys or damages, whether wilfully, negligently, accidentally or otherwise, the installation or plant used for telecommunications 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. |
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| Penalty for removing any mark denoting used device for telephony purposes |
51.—(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 to 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. |
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| Failure to disconnect equipment not approved under section 9 |
52. Where —| (a) | any person has under his control a telecommunication system or equipment connected to the telecommunication system or equipment of a telecommunication system licensee which is of a type not approved by the Authority under section 9; | | (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 9; and | | (ii) | the person must disconnect the telecommunication system or equipment from the telecommunication system or equipment of the telecommunication system licensee within such period as specified in the notice; and |
| | (c) | the person has failed to comply with any written notice under paragraph (b), |
| then the person shall be guilty of an offence. |
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