Telecommunication Authority of Singapore Act

In this Act, unless the context otherwise requires —

“Authority” means the Telecommunication Authority of Singapore established under the Telecommunication Authority of Singapore Act [Cap. 323, 1985 Ed] in force before 1st April 1992;

“Chairman” means the Chairman of the Authority and includes any temporary Chairman of the Authority;

“Chief Executive” means the Chief Executive of the Authority and includes any temporary Chief Executive of the Authority;

“debenture” includes debenture stock;

“Deputy Chairman” means the Deputy Chairman of the Authority and includes any temporary Deputy Chairman of the Authority;

“designated postal property” has the meaning given by section 46(2);

“designated telecommunication property” has the meaning given by section 31(2);

“equipment” includes any appliance, apparatus or accessory used or intended to be used for telecommunication or postal purposes;

“excepted postal employees” has the meaning given by section 48(2);

“excepted telecommunication employees” has the meaning given by section 36(2);

“Hertzian or radio waves” means electro-magnetic waves of frequencies not exceeding 1,000 terahertz propagated in space without any artificial guide;

“installation or plant used for posts” includes all buildings, lands, structures, machinery, equipment, boxes and receptacles used or intended for use in connection with the transmission of postal articles by post;

“installation or plant used for telecommunications” includes all buildings, lands, structures, machinery, equipment, cables, poles and lines used or intended for use in connection with telecommunications;

“letter” includes any communication in the nature of current and personal correspondence;

“mail bag” means any bag, container, envelope or covering in which postal articles are conveyed;

“master”, in relation to a vessel or aircraft, means any person for the time being in charge or command of the vessel or aircraft but does not include a sea pilot;

“member” means a member of the Authority;

“message” means any sign, signal, writing, image, sound, intelligence or information of any nature transmitted by telecommunications;

“parcel” means a postal article which is posted at a post office in Singapore as a parcel in accordance with the provisions of this Act or is received at a post office in Singapore by parcel post;

“post” means any system for the collection, despatch, conveyance, handling and delivery of postal articles by or through a public postal licensee;

“post office” means any building, house, room, vehicle or place where postal articles are received, delivered, sorted, made up or despatched;

“postage” means the fee chargeable for the transmission by post of postal articles;

“postage stamp” means any label or stamp for denoting any postage or other sum payable in respect of a postal article, and includes any adhesive postage stamp or stamp printed, impressed or otherwise indicated on a postal article, whether the postage stamp is issued under this Act or by the government of any other country;

“postal article” means any article or thing transmissible by post but does not include such article or thing as the Authority may prescribe to be not transmissible by post;

“postal service” means any service by post;

“postal successor company” has the meaning given by section 46(1);

“postal undertaking” means all the lands, buildings and other property, movable or immovable, vested in the Authority immediately before 1st April 1992 for the postal purposes of the Authority and all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected therewith;

“postcard” means a card recognised as a postcard in accordance with the terms of the Convention regulating the affairs of the Universal Postal Union;

“posting box” includes any pillar box and wall box and any other box or receptacle provided by or under the authority of a public postal licensee for the purpose of receiving postal articles for transmission by, or under the authority of, a public postal licensee;

“public postal licensee” means a person designated by the Authority under section 43;

“public postal licensee’s installation or plant” means any installation or plant used for posts belonging to or used by a public postal licensee;

“public telecommunication licensee” means a person designated by the Authority under section 27;

“public telecommunication licensee’s installation or plant” means any installation or plant used for telecommunications belonging to or used by a public telecommunication licensee;

“radio-communication” means any telecommunication by means of Hertzian or radio waves;

“radio-communication service” means any service for radio-communications;

“radio-communication system” means any system used or intended to be used for radio-communications;

“securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;

“shares” includes stock;

“street” includes any way, road, lane, path, passage or open space, whether a thoroughfare or not, over which the public have a right of way and also the roadway and footway over any public bridge and includes any road, footway or passage, used or intended to be used as a means of access to two or more holdings, whether the public has a right of way thereover or not;

“subsidiary” has the same meaning as in the Companies Act [Cap. 50];

“telecommunication line” means a wire or cable used for telecommunications with any casing, coating, tube or pipe enclosing the same and any appliance and apparatus connected therewith for the purpose of fixing or insulating the same;

“telecommunication service” means any service for telecommunications;

“telecommunication successor company” has the meaning given by section 31(1);

“telecommunication system” means any system used or intended to be used for telecommunications;

“telecommunication undertaking” means all the lands, buildings and other property, movable or immovable, vested in the Authority immediately before 1st April 1992 for the telecommunication purposes of the Authority and all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected therewith;

“telecommunications” means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electro-magnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception;

“vessel” includes any ship, boat, air-cushioned vehicle or floating rig or platform used in any form of operations at sea or any other description of vessel.

For the purposes of this Act

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.

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.

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.

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.

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.

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.

No person shall

Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.

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.

Any person who is in possession of any radio-communication equipment shall be deemed, until the contrary is proved, to have operated the same.

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.

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.

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

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.

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.

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.

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.

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.

Any person who

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.

Any officer, employee or agent of a public telecommunication licensee who

Subsection (1)(b) shall not apply

No person shall, without the written approval of a public telecommunication licensee or a public postal licensee, as the case may be

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.

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.

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.

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.

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.

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.

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.

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.

Any person who contravenes or fails to comply with subsection (1) or (2) shall be guilty of an offence.

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.

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.

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.

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.

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.

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.

Any order under subsection (2) may be enforced as if it were a judgment in a civil action or suit.

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.

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.

Any person who

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.

No person shall

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.

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.

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.

It shall be the function and duty of the Authority

In discharging the functions and duties imposed on it by subsection (1), the Authority shall have regard to

Nothing in this section shall be construed as

The Authority may, notwithstanding the provisions of this Act, continue to provide any telecommunication or postal service, as the case may be, that it was providing immediately before 1st April 1992 until such time as the licences granted under section 26 or 42 come into effect.

The Authority may provide any telecommunication or postal service, as the case may be, notwithstanding that it has granted a licence to any person under section 26 or 42, in any of the following circumstances:

Where the Authority undertakes the provision of telecommunication services pursuant to subsection (4) or (5), sections 2, 30, 75 to 79, 81 to 88, 96 to 106 and 108 to 114 shall apply mutatis mutandis to the Authority in respect of the provision of such services and the references to public telecommunication licensee in those sections shall be read as references to the Authority.

Where the Authority undertakes the provision of postal services pursuant to subsection (4) or (5), sections 2, 50 to 59, 64 to 69, 76, 77, 82 to 86, 89, 90, 92 to 94, 108 to 113 and 115 shall apply mutatis mutandis to the Authority in respect of the provision of such services and the references to public postal licensee in those sections shall be read as references to the Authority.

Subject to this Act, the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act and, in particular, the Authority may exercise any of the powers specified in the Second Schedule.

Notwithstanding subsection (1), the Authority may, with the approval of the Minister, carry on such other activities and perform such functions as the Authority may, from time to time, consider expedient.

This section shall not be construed as limiting any power of the Authority conferred by or under any other written law.

Where the Minister is at any time proposing that any property or function of the Authority should be transferred to another body corporate, the functions of the Authority shall include the power to do anything which in the opinion of the Authority is appropriate for the purpose of

The proposals which are to be treated for the purposes of this section as related to a proposal of the Minister for the transfer of anything from the Authority to a body corporate shall include any proposal relating to, or to any matter connected with

Any power of the Authority to do anything under this section in relation to a proposal for the transfer of any property or function, or in relation to any related proposal, shall include power to do that thing with a view to promoting the interests of

The powers conferred by this section in relation to any proposal shall be without prejudice to any power conferred otherwise than by virtue of this section.

For the purposes of this section a body corporate is a member of the same group as another body corporate if it is a holding company or subsidiary of that other body corporate or if it is another subsidiary of that other body corporate’s holding company; and in this subsection, “holding company” has the same meaning as in the Companies Act [Cap. 50].

References in this section to a body corporate shall be deemed to be references to the telecommunication successor company or the postal successor company, as the case may be, and shall include references to a body corporate which has not been established or formed but which may be established or formed in pursuance of a proposal of the Minister.

The Authority shall, with the approval of Minister, appoint a Chief Executive on such terms and conditions as the Authority may determine.

The Chief Executive shall

The Minister shall consult the Public Service Commission before granting his approval under subsection (1) or before giving his consent under subsection (2)(c).

If the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any other reason temporarily unable to perform his duties, a person may be appointed by the Authority to act in the place of the Chief Executive during any such period of absence from duty.

The Authority may, from time to time, appoint and employ on such terms and conditions as the Authority may determine such officers and employees as may be necessary for the effective performance of its functions.

The Authority may, from time to time, with the approval of the Minister for Finance, borrow money by the issue of debentures or raise capital by the issue of shares of such class and value and upon such terms as it may think expedient, for all or any of the following purposes:

The Authority may make regulations not inconsistent with the provisions of this Act to provide for such matters in connection with shares or debentures issued under this Act as may appear necessary or expedient to the Authority and, in particular, for regulating the method of issue, transfer, redemption or other dealing with such shares or debentures.

The revenue of the Authority for any financial year shall be applied in defraying the following charges:

The balance of the revenue of the Authority shall be applied

The Authority shall have the exclusive right to the use of such symbol, design or representation as it may select or devise in connection with its activities or affairs.

Any person who uses a symbol, design or representation identical with that of the Authority or which so resembles the symbol, design or representation thereof as to deceive or cause confusion or to be likely to deceive or cause confusion shall be guilty of an offence.

The Authority may make, in relation to any service provided by the Authority, a scheme or schemes for determining either or both of the following:

A scheme made under this section may make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.

A charge exigible by virtue of this section may be recovered by the Authority in any court of competent jurisdiction as if it were a simple contract debt.

A scheme or any amendment thereof made under this section shall come into operation on such date as may be determined by the Authority.

Nothing in this section shall be construed as prohibiting the Authority from levying any charge or collecting any dues for anything done or any service rendered by reason only of not being incorporated in a scheme and the rates, charges and fees payable to the Authority for any service rendered shall be in accordance with such rates, charges and fees as may from time to time be determined by the Authority.

The rates, charges and fees applied by the Authority immediately before 1st April 1992 shall continue to be valid as though determined by the Authority under this section until rescinded, varied or otherwise determined by the Authority.

As from 1st April 1992 and subject to this Act, the Authority shall continue to have the exclusive privilege for the operation and provision of telecommunication systems and services in Singapore.

The privilege conferred on the Authority by subsection (1) shall

A licence may, with the consent of, or in accordance with the terms of a general authority given by the Minister, be granted by the Authority either unconditionally or subject to such conditions as the Authority may impose and specify in the licence and either irrevocably or subject to revocation as therein specified for the running of such telecommunication systems and services falling within section 24 as are specified in the licence.

A licence granted under subsection (1) may be granted either to any person, class of persons or a particular person, and may include (without prejudice to the power to impose conditions conferred by that subsection) conditions requiring

A payment required by subsection (2) to be rendered to the Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.

No person shall question whether the grant of a licence under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection shall not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister.

The grant and renewal of licences under this section shall be at the discretion of the Authority.

Nothing in this section shall prevent the Minister from directing the Authority to grant a licence in any specific case and any person aggrieved by a refusal of the Authority to grant a licence may within 14 days of the refusal appeal to the Minister whose decision shall be final.

Anything done under and in accordance with a licence granted under subsection (1) shall not constitute an infringement of the privilege conferred by section 24.

Subject to this section, the Authority may modify the conditions of a licence granted under section 26.

Before making modifications to the conditions of a licence of a public telecommunication licensee under this section, the Authority shall give notice to the licensee

Upon receipt of any written representation referred to in subsection (2), the Authority shall consider such representation and may

Any public telecommunication licensee aggrieved by the decision of the Authority under subsection (3) may, within 14 days of the receipt by it of the direction, appeal to the Minister whose decision shall be final.

The Authority shall not enforce its direction

If no written representation is received by the Authority within the time specified in subsection (2) or if any written representation made under subsection (2) is subsequently withdrawn, the Authority may forthwith carry out the modifications as specified in the notice given under subsection (2).

If the Authority is satisfied that

Any person who is aggrieved by any decision of the Authority under this section may, within 14 days after such person has been given the notice in writing referred to in subsection (1), appeal to the Minister whose decision shall be final.

Any equipment to be used for connection to any telecommunication system or equipment belonging to a public telecommunication licensee shall be approved by the Authority before use.

A person applying for an approval under this section may be required by the Authority to comply with such requirements as the Authority may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter.

An approval under this section may apply either to particular equipment or to any equipment of a description specified in the approval, and may so apply either for the purposes of a particular telecommunication system or for the purposes of any telecommunication system of a description so specified.

An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purposes specified in the approval, to any telecommunication system or equipment which is so specified or is of a description so specified; and any such condition may impose on the person to whom the approval is given a requirement from time to time to satisfy some other person with respect to any matter.

The Authority or any other person by whom any matter falls to be determined for the purposes of any requirement imposed in pursuance of subsection (2) or (4) may charge a fee in respect of the carrying out of any test or other assessment made by the Authority or other person.

A public telecommunication licensee may, with the approval of the Authority (except in cases of emergency), cease or refuse to supply a telecommunication service to any person by means of a telecommunication system or telecommunication line operated by the licensee if, through the use of such telecommunication service, there is or is intended to be connected to the telecommunication system or telecommunication line, equipment or cabling that is a threat to

On 1st April 1992, all the property, rights and liabilities comprised in the Authority’s telecommunication undertaking (other than the designated telecommunication property) to which the Authority was entitled or subject immediately before that date shall become, by virtue of this section and without further assurance, the property, rights and liabilities of a company nominated for the purposes of this section by the Minister (referred to in this Act as the telecommunication successor company) which shall be designated in accordance with section 27 as a public telecommunication licensee.

In this Act, “designated telecommunication property” means property of any description, whether movable or immovable, which the Minister for Finance may designate as necessary to be retained by the Authority for the exercise of its duties and functions relating to telecommunications under this Act.

Any immovable property to be transferred to and vested in the telecommunication successor company under subsection (1) shall be held by the company upon such tenure and subject to such terms and conditions as the President may determine.

If any question arises as to whether any particular property, right or liability has been transferred to or vested in the telecommunication successor company under this Act, a certificate under the hand of the Minister for Finance shall be conclusive evidence that the property, right or liability was or was not so transferred or vested.

It is hereby declared for the avoidance of doubt that

It shall be the duty of the Authority and of the telecommunication successor company to take all such steps as may be requisite to secure that the vesting in the company by virtue of this section of any foreign property, right or liability is effective under the relevant foreign law and until such time it shall be the duty of the Authority to hold that property or right for the benefit of, or to discharge that liability on behalf of, the company.

Nothing in subsection (6) shall be taken as prejudicing the effect under the laws of Singapore of the vesting in the telecommunication successor company by virtue of this section of any foreign property, right or liability.

Any expenses incurred by the Authority under subsection (6) shall be paid by the telecommunication successor company.

In subsections (6) and (7), references to any foreign property, right or liability are references, respectively, to any property, right or liability comprised in the Authority’s telecommunication undertaking as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of conflict of laws) by reference to the law of a country or territory outside Singapore.

Before 1st April 1992, the Authority shall take steps to separate its telecommunication undertaking from the remainder of its undertaking.

As a consequence of the vesting in the telecommunication successor company by virtue of section 31 of the property, rights and liabilities comprised in the Authority’s telecommunication undertaking (other than the designated telecommunication property), the telecommunication successor company shall issue such securities of the company as the Minister for Finance may from time to time direct to any company wholly owned by the Government.

The Minister for Finance shall not give a direction under subsection (1) at a time when the telecommunication successor company has ceased to be wholly owned by the Government.

Securities required to be issued in pursuance of this section shall be issued or allotted at such time and on such terms as to allotment as the Minister for Finance may direct.

Shares issued in pursuance of this section

Section 69 of the Companies Act (which provides that where a company issues shares for which a premium is received by the company whether in cash or in the form of other valuable consideration a sum equal to the aggregate amount or value of the premiums on those shares shall be transferred to a share premium account) shall not apply in relation to the issue of shares by the telecommunication successor company in pursuance of this section, notwithstanding that such shares may be regarded as having been issued by the company at a premium.

If the Minister for Finance so directs at any time before the telecommunication successor company ceases to be wholly owned by the Government, such sum (not exceeding the accumulated realised profits of the Authority in connection with its telecommunication undertaking) as may be specified in the direction shall be carried by the telecommunication successor company to a reserve (referred to in this section as the statutory reserve).

The statutory reserve may only be applied by the telecommunication successor company in paying up unissued shares of the company to be allotted to members of the company as fully-paid bonus shares.

For the purposes of any statutory accounts of the telecommunication successor company

For the purposes of any statutory accounts of the telecommunication successor company, the amount to be included in respect of any item shall be determined as if anything done by the Authority (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the company.

Without prejudice to the generality of subsection (4), the amount to be included in any reserves of the telecommunication successor company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Authority in connection with its telecommunication undertaking had been realised and retained by the company.

References in this section to the statutory accounts of the telecommunication successor company are references to any accounts prepared by the company for the purposes of any provision of the Companies Act [Cap. 50].

Subsections (3) to (6) shall apply mutatis mutandis to the postal successor company as it applies to the telecommunication successor company and the references in those subsections to

This section shall apply where the Minister for Finance or the company to which securities of the telecommunication successor company are issued at the direction of the Minister for Finance under section 32(1) offers for sale to the public shares or debentures of the telecommunication successor company; and in this section “full prospectus” means a prospectus which complies, or is deemed to comply, with the requirements of a prospectus under the Companies Act.

If the shares or debentures are offered by a full prospectus as respects which the conditions mentioned in subsection (3) are fulfilled (referred to in this section as the offer prospectus), any form of application for the shares or debentures may (instead of being issued with a full prospectus) be issued with a notice given by the Minister for Finance which includes

The conditions referred to in subsection (2) are

Where a form of application is issued without a full prospectus but with a notice given by the Minister for Finance under subsection (2), then, for the purposes of any enactment or any rule of law

This section shall apply mutatis mutandis to the postal successor company as it applies to the telecommunication successor company in respect of any offer or intended offer for sale to the public of shares or debentures of the postal successor company and the references in this section to

For the purpose of applying paragraph 1(1)(b), (c) and (d) of Part IV of the First Schedule to the Trustees Act (which provide that securities of a company shall not count as authorised investments within the meaning of that Act unless the company has a shareholders equity of not less than $30 million and has paid dividends in each of the 3 financial years, and has reported a profit in the financial year, immediately preceding that in which the investment is made) in relation to investment in securities of the telecommunication successor company during the financial year 1992 (the first investment year) or during any financial year following that year, the company shall be deemed

In subsection (1), “the relevant 3 years” means the 3 financial years immediately preceding the financial year in which the investment in question is made or proposed to be made.

This section shall apply mutatis mutandis to the postal successor company as it applies to the telecommunication successor company and the references to telecommunication successor company in this section shall be read as references to the postal successor company.

As from 1st April 1992, every person employed by the Authority in connection with the Authority’s telecommunication undertaking immediately before that date (other than the excepted telecommunication employees) shall be transferred to the service of the telecommunication successor company on terms no less favourable than those enjoyed by him immediately prior to his transfer.

In this Act, “excepted telecommunication employees” means any officer or employee which the Authority may specify as necessary or expedient to be retained by the Authority for the exercise of its duties and functions relating to telecommunications under this Act and any other officer or employee who is not transferred to the telecommunication successor company on 1st April 1992 by virtue of section 38(1).

Until such time as contracts of service are drawn up by the telecommunication successor company, the schemes and terms and conditions of service in the Authority shall continue to apply to every person transferred to the service of the company under section 36 as if he were still in the service of the Authority.

Where any person who is transferred to the service of the telecommunication successor company under section 36 is a contributor under the Widows’ and Orphans’ Pension Act, he shall for the purposes of that Act continue to make contributions under that Act as if he had not been transferred to the service of the company and for the purposes of that Act, his service with the company shall be deemed to be service with the Government.

Notwithstanding the provisions of the Pensions Act [Cap. 225], no person who is transferred to the service of the telecommunication successor company under section 36 shall be entitled to claim any benefits under that Act on the ground that he has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the incorporation of the company.

The Authority shall continue to be liable to pay to former officers or employees of the Government, the former Telecommunication Authority or the Authority, as the case may be, who have retired on or before 1st April 1992 such pension benefits payable under the Pensions Act as they are entitled to and the Government shall be liable to pay to the Authority such portion of any such pension benefits payable to such former officer or employee as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under the Government, the former Telecommunication Authority and the Authority.

In this section, “former Telecommunication Authority” means the Telecommunication Authority of Singapore established under the repealed Telecommunication Authority of Singapore Act 1974 [Act 1/74].

Where on 1st April 1992

Where on 1st April 1992, any penalty (other than dismissal) has been imposed on any officer or employee of the Authority in connection with its telecommunication undertaking pursuant to disciplinary proceedings against him and the penalty has not been, or remains to be, served by such officer or employee, he shall on his transfer to the telecommunication successor company under section 36 serve or continue to serve such penalty to its full term as if it had been imposed by the company, and the penalty shall remain valid against the officer or employee on his transfer and shall continue in full force and effect until he has served the penalty in full.

All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before 1st April 1992 affecting the telecommunication undertaking (other than the designated telecommunication property) transferred to the telecommunication successor company under section 31 or affecting any officer or employee of the Authority (other than the excepted telecommunication employees) transferred to the service of the company under section 36 shall continue in force on and after that date and shall be enforceable by or against the company as if instead of the Authority or any person acting on behalf of the Authority, the company had been named therein or had been a party thereto.

Any proceedings or cause of action relating to the Authority’s telecommunication undertaking (other than the designated telecommunication property) or to any officer or employee of the Authority (other than the excepted telecommunication employees) transferred to the service of the telecommunication successor company pending or existing immediately before 1st April 1992 by or against the Authority or any person acting on its behalf may be continued and shall be enforced by or against the company.

As from 1st April 1992 and subject to this Act, the Authority shall continue to have the exclusive privilege of conveying from one place to another letters and postcards and performing all incidental services of receiving, collecting, sending, despatching and delivering letters and postcards.

No letter or postcard shall, unless exempt by this Act or any other written law, be conveyed into or out of Singapore from or to any place between which and Singapore posts or postal communications are established, or from one place to another, or be delivered or distributed in Singapore otherwise than by or through the post.

The privilege conferred by section 40 shall not be infringed by

The following persons shall not collect, carry, tender or deliver any letter or postcard for the purpose of carrying or delivering it, whether or not for hire, reward or other profit:

A licence may with the consent of or in accordance with the terms of a general authority given by the Minister be granted by the Authority either unconditionally or subject to such conditions as the Authority may impose and specify in the licence and either irrevocably or subject to revocation as therein specified for the conveyance from one place to another of such letters and postcards and the performance of such incidental services of receiving, collecting, sending, despatching and delivering letters and postcards as are specified in the licence.

A licence granted under subsection (1) may be granted either to any person, class of persons or a particular person and may include (without prejudice to the power to impose conditions conferred by that subsection) conditions requiring the payment to the Authority of a fee on the grant of the licence or the payment to it of periodic fees during the currency of the licence or both of such amount as may be determined by or under the licence.

A payment required by subsection (2) to be rendered to the Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.

No person shall question whether the grant of a licence under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection shall not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister.

The grant and renewal of licences under this section shall be at the discretion of the Authority.

Nothing in this section shall prevent the Minister from directing the Authority to grant a licence in any specific case and any person aggrieved by a refusal of the Authority to grant a licence may within 14 days of the refusal appeal to the Minister whose decision shall be final.

Anything done under and in accordance with a licence granted under subsection (1) shall not constitute an infringement of the privilege conferred by section 40.

Subject to this section, the Authority may modify the conditions of a licence granted under section 42.

Before making modifications to the conditions of a licence of a public postal licensee under this section, the Authority shall give notice to the licensee

Upon receipt of any written representation referred to in subsection (2), the Authority shall consider such representation and may

Any public postal licensee aggrieved by the decision of the Authority under subsection (3) may, within 14 days of the receipt by it of the direction of the Authority, appeal to the Minister whose decision shall be final.

The Authority shall not enforce its direction

If no written representation is received by the Authority within the time specified in subsection (2) or if any written representation made under subsection (2) is subsequently withdrawn, the Authority may forthwith carry out the modifications as specified in the notice given under subsection (2).

If the Authority is satisfied that a person who is granted a licence under section 42 or any regulations made under this Act is contravening, or has contravened and is likely again to contravene, any of the conditions of the licence or the provisions of this Act or any regulations made thereunder, the Authority may, by notice in writing and without any compensation, do either or both of the following:

Any person who is aggrieved by any decision of the Authority under this section may, within 14 days after such person has been given the notice in writing referred to in subsection (1), appeal to the Minister whose decision shall be final.

On 1st April 1992, all the property, rights and liabilities comprised in the Authority’s postal undertaking (other than the designated postal property) to which the Authority was entitled or subject immediately before that date shall become, by virtue of this section and without further assurance, the property, rights and liabilities of a company nominated for the purposes of this section by the Minister (referred to in this Act as the postal successor company) which shall be designated in accordance with section 43 as a public postal licensee.

In this Act, “designated postal property” means property of any description, whether movable or immovable, which the Minister for Finance may designate as necessary to be retained by the Authority for the exercise of its duties and functions relating to postal matters under this Act.

Any immovable property to be transferred to and vested in the postal successor company under subsection (1) shall be held by the company upon such tenure and subject to such terms and conditions as the President may determine.

If any question arises as to whether any particular property, right or liability has been transferred to or vested in the postal successor company under this Act, a certificate under the hand of the Minister for Finance shall be conclusive evidence that the property, right or liability was or was not so transferred or vested.

It is hereby declared for the avoidance of doubt that

It shall be the duty of the Authority and of the postal successor company to take all such steps as may be requisite to secure that the vesting in the company by virtue of this section of any foreign property, right or liability is effective under the relevant foreign law and until such time it shall be the duty of the Authority to hold that property or right for the benefit of, or to discharge that liability on behalf of, the company.

Nothing in subsection (6) shall be taken as prejudicing the effect under the law of Singapore of the vesting in the postal successor company by virtue of this section of any foreign property, right or liability.

Any expenses incurred by the Authority under subsection (6) shall be paid by the postal successor company.

In subsections (6) and (7), references to any foreign property, right or liability are references, respectively, to any property, right or liability comprised in the Authority’s postal undertaking as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of conflict of laws) by reference to the law of a country or territory outside Singapore.

Before 1st April 1992, the Authority shall take steps to separate its postal undertaking from the remainder of its undertaking.

As a consequence of the vesting in the postal successor company by virtue of section 46 of the property, rights and liabilities comprised in the Authority’s postal undertaking (other than the designated postal property)

The Minister for Finance shall not give a direction under subsection (1) at a time when the postal successor company has ceased to be wholly owned by the telecommunication successor company or, as the case may be, when the telecommunication successor company has ceased to be wholly owned by the Government.

Securities required to be issued in pursuance of this section shall be issued or allotted at such time and on such terms as to allotment as the Minister for Finance may direct.

Shares issued in pursuance of this section

Section 69 of the Companies Act (which provides that where a company issues shares for which a premium is received by the company whether in cash or in the form of other valuable consideration a sum equal to the aggregate amount or value of the premiums on those shares shall be transferred to a share premium account) shall not apply in relation to the issue of shares by the postal successor company in pursuance of this section, notwithstanding that such shares may be regarded as having been issued by the company at a premium.

As from 1st April 1992, every person employed by the Authority in connection with the Authority’s postal undertaking immediately before that date (other than the excepted postal employees) shall be transferred to the service of the postal successor company on terms no less favourable than those enjoyed by him immediately prior to his transfer.

In this Act, “excepted postal employees” means any officer or employee which the Authority may specify as necessary or expedient to be retained by the Authority for the exercise of its duties and functions relating to postal matters under this Act and any other officer or employee who is not transferred to the postal successor company on 1st April 1992 by virtue of section 38(1) as made applicable by section 49.

The master of a vessel or aircraft arriving in Singapore shall, without delay, cause every postal article or mail bag on board which is directed to any place in Singapore to be delivered at such place as may be specified by a public postal licensee or to any employee or agent of the licensee authorised to receive the same.

The master of a vessel or aircraft arriving in Singapore shall not unload or load any cargo from or into the vessel or aircraft until he has complied with this section.

Every owner or agent of a vessel or aircraft proposing to despatch the vessel or aircraft from Singapore shall give a public postal licensee

Any owner or agent of a vessel or aircraft who contravenes or fails to comply with this section shall be guilty of an offence.

A public postal licensee shall pay the agreed rates of gratuities to the master, owner or agent of a vessel or aircraft for the conveyance of any mail bag or postal article.

Before any payment is made, a public postal licensee may require the master of the vessel or aircraft to produce a certificate from the postal authority of destination that the mail bag or postal article has been duly received from him.

No gratuity shall be payable under this section

The master, owner or agent of any vessel or aircraft shall be liable for the theft or loss of or damage to any registered or insured postal article or parcel tendered for conveyance or conveyed by the vessel or aircraft.

In the event of any such theft, loss or damage, the master, owner or agent of the vessel or aircraft shall be liable to pay to the public postal licensee, in respect of such registered or insured postal article or parcel, such amount of money as shall be equal to the amount of the compensation payable by the licensee to the sender or addressee of the postal article or parcel under this Act.

Any amount required to be paid under this section shall be recoverable as a debt due to the public postal licensee from the master, owner or agent of the vessel or aircraft.