PART 1 AMENDMENT OF MISCELLANEOUS OFFENCES
(PUBLIC ORDER AND NUISANCE) ACT 1906 |
2. In the Miscellaneous Offences (Public Order and Nuisance) Act 1906, in section 14D, after subsection (1), insert —“(1A) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the transmission of the message has a legitimate purpose related to public order, public safety or national security, or the prevention, investigation or prosecution of offences.| As part of a campaign to raise public awareness against phishing scams, a government agency sends an email to various members of the public which contains a false message that entices its recipient to click on a link which would purportedly give free shopping vouchers. The link leads to a pop-up message informing the recipient that the message was a simulated phishing attempt, and had it been genuine, the recipient could have activated malware to allow a fraudster to steal money from his or her online account. The sending of the false message has a legitimate purpose related to the prevention of offences.”. |
|
|
|
|
3. In the Miscellaneous Offences (Public Order and Nuisance) Act 1906, after Part 6, insert —“PART 6A | OFFENCES RELATING TO MISUSE OF SIM CARDS |
| Interpretation of this Part |
39A.—(1) In this Part —“compromised SIM card” means a SIM card that has been used either —| (a) | to commit, or to facilitate the commission of, a criminal offence; or | | (b) | to cause, or to facilitate the causing of, wrongful gain or wrongful loss to any person; |
|
| “personal information” means any information, whether true or not, about a person of a type that is commonly used alone or in combination with other information to identify or purport to identify a person, including (but not limited to) biometric data, name, address, date of birth, unique identification number, a written, electronic or digital signature, user authentication code, credit card or debit card number, and password; |
| “retailer” means a person who, in the course of trade or business, provides the service of registering SIM cards for consumers; |
| “SIM card” means a prepaid or postpaid subscriber identification module (SIM) card (whether in physical or digital form) issued with a Singapore telephone number, but does not include a SIM card that is expired or that has been terminated; |
| “telecommunication licensee” has the meaning given by section 2 of the Telecommunications Act 1999; |
“unique identification number” means —| (a) | in relation to an individual — an identity card number, passport number or the number of any other similar document of identity issued by a government authority as evidence of the individual’s nationality or place of residence, and includes a foreign identification number; and | | (b) | in relation to an entity —| (i) | if incorporated or registered in Singapore, its Unique Entity Number (UEN); or | | (ii) | if not incorporated or registered in Singapore, its foreign incorporation or registration number; |
|
|
| “unregistered SIM card” means a SIM card that has not been registered with a telecommunication licensee using a person’s personal information. |
(2) In this Part, a reference to a person doing an act for any gain is a reference to the person doing the act for any gain —| (a) | whether or not the gain is a wrongful gain; | | (b) | whether or not the gain is realised; and | | (c) | whether the gain is to that person or to another person. |
|
(3) For the purposes of this Part —| (a) | a reference to a person (A) buying, renting, borrowing or receiving a SIM card from another person (B) includes a reference to A buying, renting, borrowing or receiving from B —| (i) | a mobile telephone or any other device containing the SIM card; or | | (ii) | a means (such as an application, a code or a link) through which the SIM card in digital form can be downloaded; and |
| | (b) | a reference to A providing, selling, renting, lending or supplying a SIM card to B includes a reference to A providing, selling, renting, lending or supplying to B —| (i) | a mobile telephone or any other device containing the SIM card; or | | (ii) | a means (such as an application, a code or a link) through which the SIM card in digital form can be downloaded.| A registers for an eSIM using A’s personal information, and obtains a QR code which A can use to download the eSIM onto A’s phone. A provides the QR code to B for B to download the eSIM onto B’s phone. A has provided the eSIM to B. |
|
|
|
|
|
| Unlawful provision of SIM card registered using person’s personal information |
39B.—(1) A person shall be guilty of an offence if the person —| (a) | provides, or offers to provide, a SIM card registered using the person’s personal information to another person; and | | (b) | does so knowing, or having reasonable grounds to believe, that the provision of the SIM card is for any person —| (i) | to commit, or to facilitate the commission by any person of, any offence under any written law; or | | (ii) | to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person. |
|
(2) In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the purpose of the provision of the SIM card is for a person to commit, or to facilitate the commission by a person of, an offence under any written law, if —| (a) | A does the act for any gain; or | | (b) | at the time A does the act, A fails to take reasonable steps to ascertain —| (i) | the identity and physical location of the person to whom the SIM card is provided; or | | (ii) | the purpose for which the person obtains the SIM card from A. |
|
|
| (3) For the purpose of proving a person’s state of mind under subsection (1)(b), it is not necessary for the prosecution to prove that the SIM card was used to commit, or to facilitate the commission of, a specific offence. |
(4) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or | | (b) | in any other case, to a fine not exceeding $20,000. |
|
|
| Unlawful provision, etc., of person’s personal information for purpose of registering SIM card |
39C.—(1) A person shall be guilty of an offence if —| (a) | the person —| (i) | provides, or offers to provide, the person’s personal information to be used by another person; or | | (ii) | consents to, or offers to consent to, the person’s personal information being used by another person; and |
| | (b) | the person does so knowing, or having reasonable grounds to believe —| (i) | that the person’s personal information will be used to register a SIM card; and | | (ii) | that the SIM card will be used —| (A) | to commit, or to facilitate the commission by any person of, any offence under any written law; or | | (B) | to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person. |
|
|
(2) In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(ii)(A), a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the SIM card will be used to commit, or to facilitate the commission by a person of, an offence under any written law, if —| (a) | A does the act for any gain; or | | (b) | at the time A does the act, A fails to take reasonable steps to ascertain —| (i) | the identity and physical location of the person who uses A’s personal information to register the SIM card; or | | (ii) | the purpose for which the person uses A’s personal information to register the SIM card. |
|
|
| (3) For the purpose of proving a person’s state of mind under subsection (1)(b), it is not necessary for the prosecution to prove that the SIM card was used to commit, or to facilitate the commission of, a specific offence. |
(4) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or | | (b) | in any other case, to a fine not exceeding $20,000. |
|
|
| Transacting of SIM card registered using another person’s personal information for criminal activity |
39D.—(1) A person shall be guilty of an offence if —| (a) | the person buys, rents, borrows or otherwise receives, or offers to buy, rent, borrow or otherwise receive —| (i) | a SIM card registered using another person’s personal information; or | | (ii) | an unregistered SIM card; and |
| | (b) | the person does so intending to use the SIM card, or to supply the SIM card to any other person —| (i) | to commit, or to facilitate the commission by any person of, any offence under any written law; or | | (ii) | to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person. |
|
(2) A person shall be guilty of an offence if —| (a) | the person sells, rents, lends or otherwise supplies, or offers to sell, rent, lend or otherwise supply, to another person —| (i) | a SIM card registered using any other person’s personal information; or | | (ii) | an unregistered SIM card; and |
| | (b) | the person does so knowing, or having reasonable grounds to believe, that the SIM card will be used —| (i) | to commit, or to facilitate the commission by any person of, any offence under any written law; or | | (ii) | to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person. |
|
|
| (3) In proceedings for an offence under subsection (1) or (2) involving a SIM card registered using another person’s personal information, it is a defence for the accused to prove that the accused did not know, and had no reason to believe, that the SIM card was registered using another person’s personal information. |
(4) In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) the SIM card to commit, or to facilitate the commission by a person of, an offence under any written law, if —| (a) | where the SIM card is a SIM card registered using another person’s personal information — A does the act for any gain; or | | (b) | it is proved that the SIM card is a compromised SIM card at the time A does the act. |
|
(5) In proceedings for an offence under subsection (2) involving the fault element mentioned in subsection (2)(b)(i), a person (A) who does an act mentioned in subsection (2)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the SIM card will be used to commit, or to facilitate the commission by a person of, an offence under any written law, if —| (a) | where the SIM card is a SIM card registered using another person’s personal information — A does the act for any gain; | | (b) | it is proved that the SIM card is a compromised SIM card at the time A does the act; or | | (c) | where the SIM card is registered using another person’s personal information — at the time A does the act, A fails to take reasonable steps to ascertain —| (i) | the identity and physical location of the person to whom the SIM card is supplied; or | | (ii) | the purpose for which the person receives the SIM card from A. |
|
|
| (6) In addition to subsection (4), in proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i) where the charge is amalgamated or involves more than one SIM card, a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) the SIM card to commit, or to facilitate the commission by a person of, an offence under any written law, if the act concerns more than a total of 10 SIM cards registered using another person’s personal information or unregistered SIM cards, or a combination of both. |
| (7) In addition to subsection (5), in proceedings for an offence under subsection (2) involving the fault element mentioned in subsection (2)(b)(i) where the charge is amalgamated or involves more than one SIM card, a person (A) who does an act mentioned in subsection (2)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the SIM card will be used to commit, or to facilitate the commission by a person of, an offence under any written law, if the act concerns more than a total of 10 SIM cards registered using another person’s personal information or unregistered SIM cards, or a combination of both. |
| (8) For the purpose of proving whether a SIM card was used to commit, or to facilitate the commission of, an offence, it is not necessary for the prosecution to prove that a specific offence occurred. |
(9) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —| (a) | in the case of an individual —| (i) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (ii) | in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or |
| | (b) | in any other case —| (i) | to a fine not exceeding $20,000; and | | (ii) | in the case of a second or subsequent conviction, to a fine not exceeding $40,000. |
|
|
|
| Transacting of SIM card registered using another person’s personal information for consideration |
39E.—(1) A person shall be guilty of an offence if the person, in exchange for any consideration —| (a) | buys or rents, or offers to buy or rent, a SIM card registered using another person’s personal information; or | | (b) | sells or rents, or offers to sell or rent, a SIM card registered using another person’s personal information to any other person. |
(2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that —| (a) | the person did not know, and had no reason to believe, that the SIM card was registered using another person’s personal information; | | (b) | in the case of an offence under subsection (1)(a), the person bought or rented the SIM card for a lawful purpose; or | | (c) | in the case of an offence under subsection (1)(b), the person did not know, and had no reason to believe, that the SIM card would be used to commit, or to facilitate the commission of, any offence. |
|
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | in the case of an individual —| (i) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (ii) | in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or |
| | (b) | in any other case —| (i) | to a fine not exceeding $20,000; and | | (ii) | in the case of a second or subsequent conviction, to a fine not exceeding $40,000. |
|
|
|
| Possession of SIM card registered using another person’s personal information for criminal activity |
39F.—(1) A person shall be guilty of an offence if —| (a) | the person possesses —| (i) | a SIM card registered using another person’s personal information; or | | (ii) | an unregistered SIM card; and |
| | (b) | the person intends to use the SIM card, or to supply the SIM card to any other person —| (i) | to commit, or to facilitate the commission by any person of, any offence under any written law; or | | (ii) | to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person. |
|
| (2) In proceedings for an offence under subsection (1) involving a SIM card registered using another person’s personal information, it is a defence for the accused to prove that the accused did not know, and had no reason to believe, that the SIM card was registered using another person’s personal information. |
| (3) In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) a SIM card for the purpose of committing, or facilitating the commission by a person of, an offence under any written law, if it is proved that the SIM card in A’s possession is a compromised SIM card. |
| (4) In addition to subsection (3), in proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i) where the charge is amalgamated or involves more than one SIM card, a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) a SIM card for the purpose of committing, or facilitating the commission by a person of, an offence under any written law, if A has in A’s possession more than a total of 10 SIM cards registered using another person’s personal information or unregistered SIM cards, or a combination of both. |
| (5) For the purpose of proving whether a SIM card was used to commit, or to facilitate the commission of, an offence, it is not necessary for the prosecution to prove that a specific offence occurred. |
(6) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | in the case of an individual —| (i) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (ii) | in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or |
| | (b) | in any other case —| (i) | to a fine not exceeding $20,000; and | | (ii) | in the case of a second or subsequent conviction, to a fine not exceeding $40,000. |
|
|
|
| Facilitation of fraudulent registration of SIM card that facilitates criminal activity |
39G.—(1) A retailer or telecommunication licensee shall be guilty of an offence if —| (a) | the retailer or telecommunication licensee registers a SIM card using any person’s personal information; | | (b) | the retailer or telecommunication licensee does so knowing, or having reasonable grounds to believe —| (i) | that there was no authorisation given by the person whose personal information is being used to register the SIM card; or | | (ii) | that the personal information given by the person seeking to register the SIM card is false or misleading; and |
| | (c) | either of the following applies:| (i) | the retailer or telecommunication licensee does the act mentioned in paragraph (a) knowing, or having reasonable grounds to believe, that the SIM card will be used —| (A) | to commit, or to facilitate the commission by any person of, any offence under any written law; or | | (B) | to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person; |
| | (ii) | the SIM card is used by any person —| (A) | to commit, or to facilitate the commission by any person of, any offence under any written law; or | | (B) | to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person. |
|
|
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | in the case of an individual —| (i) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (ii) | in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or |
| | (b) | in any other case —| (i) | to a fine not exceeding $20,000; and | | (ii) | in the case of a second or subsequent conviction, to a fine not exceeding $40,000. |
|
|
| (3) For the purposes of this section, a reference to a retailer or telecommunication licensee includes a reference to an employee of the retailer or telecommunication licensee (as the case may be) acting in the course of the employee’s employment. |
|
| Offences under this Part committed outside Singapore |
39H. An offence under section 39B(1), 39C(1), 39D(1) or (2), 39F(1) or 39G(1) committed wholly or partly outside Singapore may be dealt with as if the offence had been committed wholly within Singapore, if —| (a) | the accused was in Singapore at the time the offence was committed; or | | (b) | the offence causes, or creates a significant risk of, direct and reasonably foreseeable harm in Singapore. |
|
| 39I. Every offence under this Part is deemed to be an arrestable offence within the meaning of the Criminal Procedure Code 2010.”. |
|
|
|
4. In the Miscellaneous Offences (Public Order and Nuisance) Act 1906, after section 40, insert —| “Offences by corporations |
40A.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —| (a) | an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and | | (b) | the officer, employee or agent had that state of mind, |
| is evidence that the corporation had that state of mind. |
(2) Where a corporation commits an offence under this Act, a person —| (a) | who is —| (i) | an officer of the corporation; or | | (ii) | an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and |
| | (b) | who —| (i) | consented or connived, or conspired with others, to effect the commission of the offence; | | (ii) | is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or | | (iii) | knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, |
|
| shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. |
|
| (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. |
(4) To avoid doubt, this section does not affect the application of —| (a) | Chapters 5 and 5A of the Penal Code 1871; | | (b) | the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence; or | | (c) | section 39. |
|
| (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. |
(6) In this section —| “corporation” includes a limited liability partnership; |
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —| (a) | any person purporting to act in any such capacity; and | | (b) | for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; |
|
“state of mind” of a person includes —| (a) | the knowledge, intention, opinion, belief or purpose of the person; and | | (b) | the person’s reasons for the intention, opinion, belief or purpose. |
|
|
|
| Offences by unincorporated associations or partnerships |
40B.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —| (a) | an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and | | (b) | the employee or agent had that state of mind, |
| is evidence that the unincorporated association or partnership (as the case may be) had that state of mind. |
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —| (a) | who is —| (i) | an officer of the unincorporated association or a member of its governing body; | | (ii) | a partner in the partnership; or | | (iii) | an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership in relation to the commission of the offence; and |
| | (b) | who —| (i) | consented or connived, or conspired with others, to effect the commission of the offence; | | (ii) | is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or | | (iii) | knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, |
|
| shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. |
|
| (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. |
(4) To avoid doubt, this section does not affect the application of —| (a) | Chapters 5 and 5A of the Penal Code 1871; | | (b) | the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence; or | | (c) | section 39. |
|
| (5) To avoid doubt, subsection (2) does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. |
(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —| (a) | any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and | | (b) | any person purporting to act in any such capacity; |
|
| “partner” includes a person purporting to act as a partner; |
“state of mind” of a person includes —| (a) | the knowledge, intention, opinion, belief or purpose of the person; and | | (b) | the person’s reasons for the intention, opinion, belief or purpose.”. |
|
|
|
|
|
|
