ENFORCEMENT POWERS AND PROCEDURES
—(1) The Authority or any officer authorised by the Authority in that behalf may, for the purpose of discharging its functions under this Act, by order —
require any person to furnish the Authority with any information in his possession which relates to any telecommunication service or telecommunication system; and
require any person who has in his custody or under his control any document which relates to any telecommunication service or telecommunication system —
to furnish the Authority with a copy of or extract from the document; or
unless the document forms part of the records or other documents of a court or public authority, to transmit the document itself to the Authority for inspection.
(2) The Authority or such duly authorised officer shall be entitled without payment to keep any copy or extract furnished to him under subsection (1).
(3) The Authority or any officer authorised by the Authority in that behalf shall at all reasonable times in the day have full and free access to all buildings, places, books, documents and other papers for the purpose of discharging its functions under this Act, and may, without payment, inspect, copy or make extracts from any such books, documents or papers.
(4) The Authority may take possession of any equipment, books, documents or papers where in its opinion —
the equipment, books, documents or papers may be interfered with or destroyed unless possession is taken; or
the equipment, books, documents or papers may be required as evidence in proceedings for an offence under this Act or any regulations made thereunder.
(5) The rights conferred by this section shall, in relation to information recorded otherwise than in legible form, include the right to require the information to be made available in legible form for inspection or for a copy or extract to be made of or from it.
(6) Any person who —
fails to comply with any requirement specified in any order under subsection (1);
intentionally alters, suppresses or destroys any document or information which he has been required by any order under subsection (1) to furnish or transmit to; or
in furnishing any information required of him under any order under subsection (1), makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
(7) No person shall by virtue of this section be obliged to disclose any particulars as to which he is under any statutory obligation to observe secrecy.
—(1) The Chief Executive or any employee of the Authority deputed by him to act under this section or any police officer may arrest without warrant —
any person found committing or attempting to commit or employing or aiding any person to commit a seizable offence under this Act; or
any person against whom a reasonable suspicion exists that he has been guilty of a seizable offence under this Act,
and may search any person so arrested, except that no female shall be searched except by a female.
(2) Every person so arrested shall, together with any article as to which an offence may have been committed or attempted to be committed, be taken to a police station.
—(1) Whenever it appears to any police officer or the Chief Executive or any employee of the Authority authorised to act for him under this section that an offence under section 33 or 44 is being committed or is about to be committed or attempted, or that any article is concealed or deposited or contained in or on any vessel, aircraft, vehicle or premises in contravention of either of those sections, the police officer or the Chief Executive or the employee of the Authority may, if he has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the article is likely to be removed —
stop and examine the vessel, aircraft or vehicle or enter the premises and there search for and take possession of any article and of any book or document which is reasonably believed to have a bearing on the case; and
arrest any person being in the vessel, aircraft, vehicle or premises in whose possession the article may be found or whom the police officer or the Chief Executive or employee of the Authority may reasonably suspect to have concealed or deposited the article and may search any person so arrested, except that no female shall be searched except by a female.
(2) Every person so arrested shall, together with any such article, be taken to a police station.
No costs or damages or other relief arising from seizure to be recoverable unless seizure without reasonable or probable cause
63. No person shall, in any proceedings before any court in respect of any equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, article, book or document or the payment of their value unless the seizure was made without reasonable or probable cause.
—(1) Any police officer not below the rank of sergeant specially authorised by name in that behalf by the Minister, or any employee of the Authority specially authorised by name in that behalf by the Chief Executive, may in his discretion compound any such offence under this Act or any regulations made thereunder as may be prescribed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000.
(2) The Authority may, with the approval of the Minister, make regulations prescribing the offences which may be compounded.
(3) All sums collected under this section shall be paid to the Authority.
65. Any person guilty of an offence under this Act or any regulations made thereunder for which no penalty is expressly provided shall, in addition to the forfeiture of any article seized, be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
66. Nothing in this Act shall prevent any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or any regulations made thereunder, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act or the regulations, but no person shall be punished twice for the same offence.
67. A Magistrate’s Court or a District Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any offence under this Act.
68. Where an offence under this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.