Comparison View

Formal Consolidation |  2020 RevEd
Territorial scope of offences under this Act
13.—(1)  Subject to subsection (3), the provisions of this Act have effect, in relation to any person, whatever the person’s nationality or citizenship, outside as well as within Singapore.
[22/2017]
(2)  Where an offence under this Act is committed by any person in any place outside Singapore, the person 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.
[22/2017]
(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 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.
[22/2017; 9/2018]
(5)  For the purposes of subsection (3)(c), it is immaterial whether the offence that causes the serious harm in Singapore —
(a)causes the harm directly; or
(b)is the only or main cause of the harm.
[22/2017]
(6)  In subsection (4)(b), “essential service” means any of the following services:
(a)services directly related to communications infrastructure, banking and finance, public utilities, public transportation, land transport infrastructure, aviation, shipping, or public key infrastructure;
(b)emergency services such as police, civil defence or health services.
[9/2018]
(7)  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.
[11
[22/2017]
Informal Consolidation | Amended Act 16 of 2023
Territorial scope of offences under this Act
13.—(1)  Subject to subsection (3), the provisions of this Act have effect, in relation to any person, whatever the person’s nationality or citizenship, outside as well as within Singapore.
[22/2017]
(2)  Where an offence under this Act is committed by any person in any place outside Singapore, the person 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;
[Act 16 of 2023 wef 08/02/2024]
(c)the offence causes, or creates a significant risk of, serious harm in Singapore; or
[22/2017]
[Act 16 of 2023 wef 08/02/2024]
(d)the offence is one under section 8A(1) or 8B(1).
[Act 16 of 2023 wef 08/02/2024]
(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 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.
[22/2017; 9/2018]
(5)  For the purposes of subsection (3)(c), it is immaterial whether the offence that causes the serious harm in Singapore —
(a)causes the harm directly; or
(b)is the only or main cause of the harm.
[22/2017]
(6)  In subsection (4)(b), “essential service” means any of the following services:
(a)services directly related to communications infrastructure, banking and finance, public utilities, public transportation, land transport infrastructure, aviation, shipping, or public key infrastructure;
(b)emergency services such as police, civil defence or health services.
[9/2018]
(7)  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.
[11
[22/2017]