Comparison View

Formal Consolidation |  2007 RevEd
Territorial scope of offences under this Act
11.—(1)  Subject to subsection (2), the provisions of this Act shall have effect, in relation to any person, whatever his nationality or citizenship, outside as well as within Singapore.
(2)  Where an offence under this Act is committed by any person in any place outside Singapore, he may be dealt with as if the offence had been committed within Singapore.
(3)  For the purposes of this section, this Act shall apply if, for the offence in question —
(a)the accused was in Singapore at the material time; or
(b)the computer, program or data was in Singapore at the material time.
[UK CMA 1990, ss. 4 and 5]
Informal Consolidation | Amended Act 22 of 2017
Territorial scope of offences under this Act
11.—(1)  Subject to subsection (3), the provisions of this Act shall have effect, in relation to any person, whatever his nationality or citizenship, outside as well as within Singapore.
[Act 22 of 2017 wef 01/06/2017]
(2)  Where an offence under this Act is committed by any person in any place outside Singapore, he may be dealt with as if the offence had been committed within Singapore.
(3)  For the purposes of this section, this Act applies if —
(a)for the offence in question, the accused was in Singapore at the material time;
(b)for the offence in question (being one under section 3, 4, 5, 6, 7 or 8), the computer, program or data was in Singapore at the material time; or
(c)the offence causes, or creates a significant risk of, serious harm in Singapore.
[Act 22 of 2017 wef 01/06/2017]
(4)  In subsection (3)(c), “serious harm in Singapore” means —
(a)illness, injury or death of individuals in Singapore;
(b)a disruption of, or a serious diminution of public confidence in, the provision of any essential service within the meaning of section 15A(12) in Singapore;
(c)a disruption of, or a serious diminution of public confidence in, the performance of any duty or function of, or the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board; or
(d)damage to the national security, defence or foreign relations of Singapore.
     Example 1.— The following are examples of acts that seriously diminish or create a significant risk of seriously diminishing public confidence in the provision of an essential service:
    (a) publication to the public of the medical records of patients of a hospital in Singapore;
    (b) providing to the public access to the account numbers of customers of a bank in Singapore.
     Example 2.— The following are examples of acts that seriously diminish or create a significant risk of seriously diminishing public confidence in the performance of any duty or function of, or the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board:
    (a) providing to the public access to confidential documents belonging to a ministry of the Government;
    (b) publication to the public of the access codes for a computer belonging to a statutory board.
[Act 22 of 2017 wef 01/06/2017]
(5)  For the purposes of subsection (3)(c), it is immaterial whether the offence that causes the serious harm in Singapore —
(a)causes such harm directly; or
(b)is the only or main cause of the harm.
[Act 22 of 2017 wef 01/06/2017]
(6)  In subsection (4)(c), “statutory board” means a body corporate or unincorporate established by or under any public Act to perform or discharge a public function.
[Act 22 of 2017 wef 01/06/2017]