Long Title

Part I PRELIMINARY

Part IA POSTAL AUTHORITY

Part II EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF POSTAL SERVICES

Part III POSTAL SERVICES AND SYSTEMS

Part IV CODES OF PRACTICE AND DIRECTIONS

Part IVA CONTROL OVER DESIGNATED POSTAL LICENSEES

Part V OFFENCES AND PENALTIES

Part VI INTERNATIONAL OBLIGATIONS AND NATIONAL INTERESTS

Part VII ENFORCEMENT POWERS AND PROCEDURES

Part VIII GENERAL PROVISIONS

THE SCHEDULE Powers of Postal Authority

Legislative History

Comparative Table

Power to issue directions
26D.
—(1)  Without prejudice to the generality of section 25, if the Postal Authority is satisfied that a person —
(a)
holds any voting shares or controls the voting power of a designated postal licensee; or
(b)
has entered into a consolidation with a designated postal licensee,
(referred to in this section as the specified person), in contravention of section 26B(2), (3) or (4), or that the holding, control, acquisition or consolidation is likely to substantially lessen competition or is against the public interest, the Postal Authority may issue a direction under subsection (3) or (4), as the case may be.
(2)  The Postal Authority may issue a direction under subsection (3) or (4) if the Postal Authority is satisfied that —
(a)
any condition of written approval imposed on the person under section 26B has not been complied with;
(b)
the person has furnished false or misleading information or documents in connection with an application under section 26B to obtain the written approval of the Postal Authority; or
(c)
the Postal Authority would not have granted its written approval under section 26B had it been aware, at that time, of circumstances relevant to the person’s application for such approval,
and the existing holding, control, acquisition or consolidation in the designated postal licensee by the person is likely to substantially lessen competition or is against the public interest.
(3)  The Postal Authority may, under the circumstances specified in subsection (1)(a) or (b) or (2), direct —
(a)
the designated postal licensee to do all or any of the following:
(i)
to restrict the specified person’s voting power in respect of the shares he holds or controls in the designated postal licensee (referred to in this section as the specified shares), unless the Postal Authority expressly permits such rights to be exercised;
(ii)
to restrict the issuance or offer of shares in the designated postal licensee (whether by way of rights, bonus or otherwise) in respect of the specified shares, unless the Postal Authority expressly permits such issue or offer;
(iii)
except in a winding up of the designated postal licensee, to restrict the payment of any amount (whether by way of dividends or otherwise) in respect of the specified shares, unless the Postal Authority expressly authorises such payments subject to such conditions as the Authority may specify; and
(b)
any specified person or an associate of the specified person to transfer or dispose of all or any part of the specified shares within such time and subject to such conditions as the Postal Authority considers appropriate.
(4)  The Postal Authority may, under the circumstances specified in subsection (1) or (2), direct any specified person to transfer or dispose of all or any part of the business acquired from the designated postal licensee within such time and subject to such conditions as the Postal Authority considers appropriate.
(5)  Before issuing a direction to any person under subsection (3) or (4), the Postal Authority shall, unless the Postal Authority decides that it is not practicable or desirable to do so, cause to be given to that person notice in writing of the Postal Authority’s intention to serve the direction, specifying a date by which that person may make written representations with regard to the proposed direction.
(6)  Upon receipt of any written representation referred to in subsection (5), the Postal Authority shall consider it for the purpose of determining whether to issue the direction.
(7)  Any person to whom a direction is given under subsection (3) or (4) shall comply with the direction and the direction shall take effect notwithstanding the provisions of any other written law or anything contained in the memorandum or articles of association, or other constitution, of the designated postal licensee.
(8)  The Postal Authority may vary or revoke any direction issued under this section.
(9)  Where a person is alleged to have contravened section 26B(2), (3) or (4), it shall be a defence for the person to prove that —
(a)
he was not aware that he had contravened the provision in question; and
(b)
he has, within 14 days of becoming aware that he had contravened that provision, notified the Postal Authority of the contravention and, within such time as determined by the Postal Authority, taken such actions in relation to his shareholding or control of the voting power in the designated postal licensee as the Postal Authority may direct,
but it shall not be a defence for the person to prove that he did not intend to or did not knowingly contravene section 26B(2), (3) or (4), as the case may be, except as provided in this subsection.
[34/2007 wef 24/08/2007]