Section 37
Section 37
(1)
Subject to this section, no person shall, without the prior written approval of the Minister, receive any fund from any foreign source for the purposes of financing, directly or indirectly, wholly or in part, any broadcasting service owned or operated by any broadcasting company.
(2)
The Minister may grant approval under subsection (1) if he is satisfied on such information as he may require to be furnished to him, that the fund from a foreign source is intended for bor.e fide commercial purposes.
(3)
Notwithstanding subsection (1), where any fund from a foreign source is sent to a person without his prior knowledge, consent or solicitation and the fund is intended for or given by the sender for the purpose referred to in that subsection, that person shall, within 7 days of the receipt thereof, report in writing to the Minister the circumstances and particulars of the receipt of the fund and the purpose for which it was received.
(4)
Where any fund from a foreign source has been received by a person for the purpose referred to in subsection (1) and the Minister has refused to grant his consent for the retention of the fund, that person shall, within such time as shall be specified by the Minister in writing, return the fund to the sender or, if the sender cannot be traced, donate the fund to any charity specified by the Minister.
(5)
Any employee of a broadcasting company who, having received any fund from a foreign source for the broadcasting of any item or programme or for adopting a particular line or bias in respect of any item or programme, fails to report in writing, within 7 days of the receipt thereof, to the chief executive of the company is gulity of an offence and liable on conviction to the penalty prescribed by subsection (8).
(6)
For the purposes of subsection (5), any fund received from out-side Brunei Darussalam by an employee shall, until the contrary is proved, be presumed to be from a foreign source.
(7)
Nothing in this section shall apply to any dealing by any person in the shares of a broadcasting company quoted on any stock exchange in
Brunei Darussalam.
(8)
Any person who contravenes or fails to comply with subsections
(1)
, (3) or (4) is guilty of an offence and liable on conviction to imprisonment
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for a term not exceeding 3 years, a fine not exceeding $10,000 or both; and the court may, in addition to any other penalty, order the forfeiture to the
Government of any fund which is the subject of the charge.
(9)
For the purposes ofthis section and section 38-
"foreign source" includes-
(a)
the government of a country outside Brunei
Darussalam or the agent of any such government, whether or not he is resident in Brunei Darussalam;
(b)
any company, association or society incorporated or constituted under any law in force outside Brunei
Darussalam, whether or not it has a branch office or place of business in Brunei Darussalam;
(c)
any person who is not a citizen of Brunei
Darussalam, whether or not he is resident in Brunei
Darussalam; and
(d)
such other source outside Brunei Darussalam as the Minister may, by notification in the Gazette, declare to be a foreign source;
"fund" means money, securities, movable or immovable property or other valuable consideration.
Broadcasting company owned by foreign source.