Duty to disclose knowledge or suspicion
39.—(1)  Where a person knows or has reasonable grounds to suspect that any property —
(a)in whole or in part, directly or indirectly, represents the proceeds of;
(b)was used in connection with; or
(c)is intended to be used in connection with,
any act which may constitute drug trafficking or criminal conduct, as the case may be, and the information or matter on which the knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, he shall disclose the knowledge or suspicion or the information or other matter on which that knowledge or suspicion is based to a Suspicious Transaction Reporting Officer as soon as is reasonably practicable after it comes to his attention.
[44/2007 wef 01/11/2007]
[25/99]
(1A)  For the avoidance of doubt, where the property referred to in subsection (1) is the subject of a transaction, the person referred to in that subsection shall make the disclosure referred to in that subsection regardless of whether the transaction was completed.
[Act 2 of 2012 wef 01/03/2012]
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
[44/2007 wef 01/11/2007]
[25/99]
(3)  The Minister may, by regulations, prescribe requirements for any person or class of persons in relation to the circumstances, manner and means of disclosure required under subsection (1).
[25/99]
(4)  Subsection (1) or (2) does not make it an offence for an advocate and solicitor or his clerks or employees or an interpreter to fail to disclose any information or other matter which are items subject to legal privilege.
[25/99]
(5)  It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.
[25/99]
(6)  Where a person discloses in good faith to a Suspicious Transaction Reporting Officer —
(a)his knowledge or suspicion of the matters referred to in subsection (1)(a), (b) or (c); or
(b)any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction upon the disclosure imposed by law, contract or rules of professional conduct and he shall not be liable for any loss arising out of the disclosure or any act or omission in consequence of the disclosure.
[44/2007 wef 01/11/2007]
[25/99]
(7)  Without prejudice to subsection (5) or (6), in the case of a person who was in employment at the time in question, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.
[25/99]
(8)  A disclosure to which subsection (7) applies shall not be treated as a breach of any restriction imposed by law, contract or rules of professional conduct.
[25/99]
(9)  In this section, “items subject to legal privilege” has the same meaning as in section 35(2).
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