Right to conduct international business dealings
40. For the purposes of the conduct of any international postal service by a public postal licensee, and subject to this Act, the licensee may enter into direct communication, arrangement and agreement with the lawfully constituted postal authority of any country or with any duly authorised international agency or organisation concerned with postal matters —(a)
for the purpose of providing facilities, fixing rates, arranging terms of payment or accounting;
(b)
for operational, engineering or administrative purposes; or
(c)
for any other purpose necessary for the proper fulfilment of its functions.
Government’s overriding international rights
41.—(1) Nothing in section 40 is deemed to abrogate the right of the Government at any time to determine its relations with any country or with any international agency or organisation.
(2) A public postal licensee must discharge its responsibilities and conduct its business as to comply with and fulfil all international agreements, conventions or undertakings relating to postal matters to which Singapore is a party.
Liability for international financial obligations
42. A public postal licensee is fully responsible for meeting all financial obligations arising from the operation of any international postal service and must settle accounts with other postal authorities.
Contribution by Government
43. Where the Government considers it necessary that any postal service of an exceptional nature should be provided, and where a public postal licensee considers it uneconomic to provide the service without contribution from the Government, the Government may make any contribution towards the capital outlay necessary to provide any such service as may be estimated by the licensee and agreed to by the Government.
Provision of postal services for governmental, etc., purposes
44.—(1) The Minister may direct a public postal licensee to undertake and provide any postal services and facilities that may be necessary for aeronautical, maritime, meteorological, governmental, defence or other purposes.
(2) Upon being so directed by the Minister, the public postal licensee must provide the postal services or facilities mentioned in subsection (1) and is entitled to fair and proper payment therefor.
Directions by Minister
45.—(1) The Minister may, after consultation with the Postal Authority or any postal licensee, give to the Postal Authority or that licensee any directions that the Minister thinks fit as to the exercise by the Postal Authority or that licensee of its functions under this Act.[34/2007]
(2) Without limiting subsection (1), if it appears to the Minister to be requisite or expedient to do so —(a)
on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or
(b)
in order —(i)
to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement;
(ii)
to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of an international organisation or a party to an international agreement; or
(iii)
to enable the Government to become a member of an international organisation or a party to an international agreement,
the Minister may, after consultation with the Postal Authority or any postal licensee, give any directions to the Postal Authority or that licensee that are necessary in the circumstances of the case.
[34/2007]
(3) Any directions given under subsection (1) or (2) may include —(a)
provisions for the interception or detention of any postal article in the course of transmission by post; and
(b)
provisions for the postal article to be delivered to any officer mentioned in the direction to be dealt with in any manner that the Minister may direct.
(4) The Postal Authority and any postal licensee must give effect to any directions given to it under subsection (1) or (2) despite any other duty imposed on the Postal Authority or that licensee by or under this Act.[34/2007]
(5) A postal licensee that, on or after 14 May 2021, contravenes any direction given to the postal licensee under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.[10/2021]
(6) The Postal Authority and any postal licensee must not disclose any directions given to that person under subsection (1) or (2) if the Minister notifies that person that the Minister is of the opinion that the disclosure of the directions is against the public interest.[34/2007]
(7) The Minister may make grants to postal licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any provision of this section.[34/2007]
(8) Any sums required by the Minister for making grants under subsection (7) must be paid out of the Consolidated Fund.[S 23/2025]
(9) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister is conclusive evidence of the matters stated therein.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
