Information and Communication
Technologies

[No. 15 of 2009 173

(2) A person who contravenes paragraph (a) of subsection (1)
and who fails to leave a radio station immediately on being required
to do so by the person in charge of the station, or by a
telecommunications officer, may be removed by the person in
charge or a telecommunications officer, and a police officer shall,
on being requested to do so by the person in charge or by a
telecommunications officer, remove or assist in the removal of the
person.
On the conviction of a person for an offence involving the
unlawful possession or use of a radio station or any radio station
apparatus, the court convicting fthe accused person may, on the
application of the prosecutor and in addition to any penalty which it
may impose, order the forfeiture to the State of the radio station or
apparatus in connection with, or by means of which, the offence
was committed, unless it is proved to the satisfaction of the court
that the radio station or apparatus is not the property of the accused
person and that the owner was unable to prevent its unlawful use
by the accused person when the offence was committed.

Forfeiture of
equipment

A person who uses any electronic communications
apparatus, radio apparatus or radio station for the purposes of an
offence against public order or against morality, contrary to the

Use of
equipment in
commission
of offence
Cap. 87

provisions of the Penal Code, commits an offence and is liable,

upon conviction, to the penalties provided for those offences in
that Act.
A person who abets the commission of any offence
punishable under this Act, or attempts to commit any offence so
punishable, shall, on conviction, be liable to the penalty provided
for that offence.

Penalty for
abetting or
attempting to
commit
offences

Where an offence under this Act is committed by a body
corporate or an unincorporate body, a person who at the time of
the commission of the offence was a director, manager, secretary
or other similar officer of the body corporate or unincorporate body
or was purporting to act in such capacity shall, as well as such
body corporate or unincorporate body, be deemed to have
committed that offence unless the person proves that the offence
was committed without that person's consent or connivance and
that the person exercised all due diligence to prevent the commission
of the offence as the person ought to have exercised, having regard
to the nature of that person's functions in that capacity and to all
the circumstances.

Offences by
body
corporate or
unincorporate
body

Select target paragraph3