PART VI
GENERAL
Preservation of secrecy
20.—(1)  Except for the purpose of performing his duties or exercising his functions under this Act or as provided in subsection (2) —
(a)a member, an officer, an employee or an agent of the Board; and
(b)a member of any committee of the Board,
must not publish, and must not communicate or disclose to any other person, any particulars, information or document about or relating to any person which has been obtained by the member, officer, employee or agent, or member of a committee of the Board, in the performance of his duties or the exercise of his functions and powers under this Act.
(2)  A member, an officer, an employee or agent of the Board, or a member of any committee of the Board, may publish, or communicate or disclose to another person, any particulars, information or document mentioned in subsection (1) in any of the following circumstances only:
(a)the person to whom the particulars, information or document relates consents in writing to the publication, communication or disclosure;
(b)the communication or disclosure is to the person to whom the particulars, information or document relates and upon that person’s request;
(c)the particulars, information or document is already in the public domain at the time of its publication, communication or disclosure;
(d)the publication, communication or disclosure is in such form as will not identify, and is not reasonably capable of being used to identify, the person who furnished the particulars, information or document or the person to whom the particulars, information or document relates;
(e)the communication or disclosure is to the Chief Statistician pursuant to the Chief Statistician’s direction under section 6 of the Statistics Act (Cap. 317) where the particulars or information are not exempt under section 6(2) of that Act from being so furnished;
(f)the communication or disclosure is pursuant to an order of court in any proceedings;
(g)the communication or disclosure —
(i)is for the purposes of the enforcement of any provision of this Act, including investigating or prosecuting a person for an offence under this Act; or
(ii)is to a public agency prescribed by the Minister by order in the Gazette for the purposes of the enforcement of such written law, or such provision of written law, as prescribed by the Minister in that order, being a written law that is administered by that prescribed public agency (including investigating or prosecuting a person for an offence under that written law or provision);
(h)the communication or disclosure is to a public agency for the purpose of the public agency formulating or reviewing policy relating to trade;
(i)the publication, communication or disclosure is required or authorised by or under any written law.
(3)  For the purposes of subsection (2)(g)(ii), the Minister may prescribe a specific public agency or a class of public agencies —
(a)generally;
(b)for a specific request for particulars, information or documents; or
(c)for a class of requests for particulars, information or documents.
(4)  Any person who publishes, or permits any other person to see, or communicates or discloses to any other person, the contents of any particulars, information or document in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
(5)  A person —
(a)who has possession of any particulars, information or document which to the person’s knowledge has been published, communicated or disclosed in contravention of this section; and
(b)who publishes or communicates that information to any other person,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
(6)  In this section, “public agency” means —
(a)a public officer;
(b)an Organ of State or a ministry or department of the Government; or
(c)a public authority established by or under any public Act for a public purpose, or a member, an officer, an employee or any department of the public authority.
[Act 8 of 2017 wef 10/04/2017]
Obstructing officers of Board
21.  Any person who obstructs or hinders any officer, employee or agent of the Board acting in the discharge of his duty under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
[20
Proceedings conducted by officers of Board
22.  Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Board or an officer of the Government authorised in writing in that behalf by the chief executive officer.
[21
[15/2010 wef 02/01/2011]
Consent of Public Prosecutor
23.  No court shall try any offence under this Act except with the consent of the Public Prosecutor.
[22
[15/2010 wef 02/01/2011]
Offences committed by body corporate
24.  Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
[23
Symbol or representation of Board
25.—(1)  The Board shall have the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit such symbol or representation in connection with its activities or affairs.
(2)  Any person who uses a symbol or representation identical with that of the Board, or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
[24
Returns and information
26.—(1)  The Board or any person authorised in that behalf by the Board may by notice in writing require any person to furnish to the Board or the person so authorised, within such period as shall be specified in the notice, all such returns or information relating to all such matters as may be necessary for the Board under this Act and as are within the knowledge of that person or in his custody or under his control.
(2)  Any person who, on being required by notice under this section to furnish any returns or information, fails to comply with any requirement of the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
[25
Composition of offences
27.—(1)  The chief executive officer or any employee of the Board authorised in that behalf by the chief executive officer may, in his discretion, compound any offence under section 26 by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding $100.
(2)  All sums of money received for the composition of any offence under this section shall be paid into the funds of the Board.
[26
Regulations
28.—(1)  The Board may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act.
(2)  Without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:
(a)the manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the Board;
(b)the payment of gratuities and other benefits to officers and employees of the Board; and
(c)the fees to be charged in respect of anything done under or by virtue of this Act.
[27
Saving and transitional provisions
29.—(1)  The change of the name of the Trade Development Board to the International Enterprise Singapore Board under this Act shall not —
(a)operate to create a new legal entity;
(b)prejudice or affect the identity of the body corporate constituted by the Board or its continuity as a body corporate;
(c)affect the exercise of any right, or the enforcement of any obligation by or against the Board, or any other person; or
(d)render defective any legal proceedings by or against the Board,
and any legal proceedings that might have been continued or started by or against it by its former name may be continued or started by or against it by its new name “International Enterprise Singapore Board”.
(2)  Any reference in any document to the Trade Development Board and to the Trade Development Board Act (Cap. 330, 2001 Ed.) shall be read as a reference to the International Enterprise Singapore Board and the International Enterprise Singapore Board Act, respectively.
(3)  Any contract, arrangement or other transaction purporting to be entered into by the International Enterprise Singapore Board, or by any person on behalf of the International Enterprise Singapore Board, on or after 1st April 2002 but prior to the enactment of the Trade Development Board (Amendment) Act 2002 (Act 17 of 2002) shall bind the International Enterprise Singapore Board as if it had been a party to the contract, arrangement or transaction, as the case may be.