Assisting another to retain benefits of drug trafficking
43.—(1)  Subject to subsection (3), a person who enters into, or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that by the arrangement —
(a)the retention or control by or on behalf of another (referred to in this section as that other person) of that other person’s benefits of drug trafficking is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or
(b)that other person’s benefits of drug trafficking —
(i)are used to secure funds that are placed at that other person’s disposal, directly or indirectly; or
(ii)are used for that other person’s benefit to acquire property by way of investment or otherwise,
and knowing or having reasonable grounds to believe that that other person is a person who carries on or has carried on drug trafficking or has benefited from drug trafficking, shall be guilty of an offence.
[25/99]
(2)  In this section, references to any person’s benefits of drug trafficking include a reference to any property which, in whole or in part, directly or indirectly, represented in his hands his benefits of drug trafficking.
(3)  Where a person discloses to an authorised officer a suspicion or belief that any property, funds or investments are derived from or used in connection with drug trafficking or any matter on which such a suspicion or belief is based —
(a)if he does any act in contravention of subsection (1) and the disclosure relates to the arrangement concerned, he shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is —
(i)it is made before he does the act concerned, being an act done with the consent of the authorised officer; or
(ii)it is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it;
(b)the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct; and
(c)he shall not be liable in damages for any loss arising out of —
(i)the disclosure; or
(ii)any act done or omitted to be done in relation to the property, funds or investments in consequence of the disclosure.
[25/99]
(4)  In any proceedings against a person for an offence under this section, it is a defence to prove —
(a)that he did not know and had no reasonable ground to believe that the arrangement related to any person’s proceeds of drug trafficking;
(b)that he did not know and had no reasonable ground to believe that, by the arrangement, the retention or control by or on behalf of the relevant person of any property was facilitated or, as the case may be, that, by the arrangement, any property was used as mentioned in subsection (1); or
(c)that —
(i)he intended to disclose to an authorised officer such suspicion, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and
(ii)there is reasonable excuse for his failure to make disclosure in accordance with subsection (3)(a); or
(d)that, in the case of a person who was in employment at the time in question and he enters or is otherwise concerned in the arrangement in the course of his employment, he disclosed the suspicion, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.
[25/99]
(5)  Any person who commits an offence under this section shall be liable on conviction —
(a)if the person is an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 7 years or to both; or
[44/2007 wef 01/11/2007]
(b)if the person is not an individual, to a fine not exceeding $1 million.
[44/2007 wef 01/11/2007]
[44/2007 wef 01/11/2007]
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[25/99]