PART 2 8.—(1) An individual who, in Singapore, gambles —| (a) | using remote communication; and | | (b) | using a remote gambling service that is not provided by —| (i) | an exempt operator; or | | (ii) | a person otherwise exempt under section 40 from section 10 or 11, |
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| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
(2) For the purposes of subsection (1), it does not matter —| (a) | whether the gambling —| (i) | is by the individual alone or together with any other individual or person; or | | (ii) | is directly by the individual or indirectly through any other individual or person; and |
| | (b) | whether the gambling is done partly inside and partly outside Singapore provided that that gambling, if done wholly in Singapore, would constitute an offence under subsection (1). |
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| (3) An offence under subsection (1) is an arrestable offence. |
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| Providing unlawful remote gambling service for another |
9.—(1) A person (called an agent) who, inside or outside Singapore —| (a) | organises, manages or supervises remote gambling by others in accordance with arrangements made by a principal of the agent, which may include —| (i) | inviting others to gamble using remote communication in accordance with those arrangements; or | | (ii) | placing, making, receiving or accepting bets using remote communication in accordance with those arrangements; |
| | (b) | distributes a prize offered in remote gambling by others in accordance with arrangements made by a principal of the agent; | | (c) | distributes money or money’s worth paid or staked by others in remote gambling in accordance with arrangements made by a principal of the agent; | | (d) | facilitates participation by others in remote gambling in accordance with arrangements made by a principal of the agent, which may include allowing a person to participate in such remote gambling; or | | (e) | assists in any conduct described in paragraph (a), (b), (c) or (d), |
| and as a result facilitates one or more individuals to commit an offence under section 8, shall be guilty of an offence and shall be liable on conviction to a fine of not less than $20,000 and not more than $200,000 or to imprisonment for a term not exceeding 5 years or to both. |
(2) A person who, in Singapore —| (a) | organises, manages or supervises remote gambling by others in accordance with arrangements made by a principal of the agent, which may include —| (i) | inviting others to gamble using remote communication in accordance with those arrangements; or | | (ii) | placing, making, receiving or accepting bets using remote communication in accordance with those arrangements; |
| | (b) | distributes a prize offered in remote gambling by others in accordance with arrangements made by a principal of the agent; | | (c) | distributes money or money’s worth paid or staked by others in remote gambling in accordance with arrangements made by a principal of the agent; | | (d) | facilitates participation by others in remote gambling in accordance with arrangements made by a principal of the agent, which may include allowing a person to participate in such remote gambling; or | | (e) | assists in any conduct described in paragraph (a), (b), (c) or (d), |
| and as a result facilitates one or more individuals outside Singapore to gamble using remote communication, shall be guilty of an offence and shall be liable on conviction to a fine of not less than $20,000 and not more than $200,000 or to imprisonment for a term not exceeding 5 years or to both. |
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(3) On the trial of any person (called the accused) for an offence under subsection (1), it is not necessary for the prosecution to prove the identity of any particular individual facilitated by the accused to gamble in Singapore in contravention of section 8 if —| (a) | the remote gambling transactions are carried out by anyone using equipment or facilities provided by the accused; and | | (b) | those facilities are accessed, or are available for access, by end‑users in Singapore. |
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| (4) It does not matter whether the conduct referred to in subsection (1) or (2) is done or made partly inside and partly outside Singapore provided that that conduct, if done or made wholly in Singapore, would constitute an offence under subsection (1) or (2), as the case may be. |
(5) For the purposes of subsections (1) and (2), a reference to a principal of a person includes —| (a) | a reference to the employer of the person; and | | (b) | a reference to the principal or employer of the person’s principal or employer, and so on. |
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| (6) An offence under subsection (1) or (2) is an arrestable offence. |
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| Prohibition against overseas remote gambling service with Singapore-customer link |
10.—(1) A person who provides outside Singapore a remote gambling service with a Singapore-customer link shall be guilty of an offence and shall be liable on conviction to a fine of not less than $20,000 and not more than $500,000 or to imprisonment for a term not exceeding 7 years or to both.| (2) Where a person is charged with an offence under subsection (1) of providing a remote gambling service with a Singapore-customer link, it is a defence for the person charged to prove that the person did not know, and could not with reasonable diligence have ascertained, that the service had a Singapore‑customer link. |
(3) For the purposes of subsection (2), a person could not, with reasonable diligence, have ascertained that a remote gambling service provided by the person had a Singapore‑customer link, if the person had —| (a) | informed prospective customers that Singapore law prohibits the provision of the service to customers who are physically present in Singapore; | | (b) | required customers to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in Singapore; | | (c) | required customers to provide personal details and those details suggested that the customer was not physically present in Singapore; | | (d) | obtained data that indicates that customers were physically present outside Singapore when the relevant customer accounts were opened, and throughout the period when the service was provided to the customers; and | | (e) | taken such other measures as far as reasonably practicable to ensure that the service did not, or could not reasonably have, a Singapore-customer link. |
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(4) In determining whether any measure taken by a person under subsection (3)(e) is reasonably practicable, it is for that person to prove that —| (a) | it was not reasonably practicable to do more than what was in fact done; and | | (b) | there was no better practicable means than was in fact used. |
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| (5) An offence under subsection (1) is an arrestable offence. |
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| Prohibition against Singapore-based remote gambling service |
11.—(1) A person who provides a Singapore-based remote gambling service shall be guilty of an offence and shall be liable on conviction to a fine of not less than $20,000 and not more than $500,000 or to imprisonment for a term not exceeding 7 years or to both.| (2) For the purposes of subsection (1), it does not matter whether the remote gambling service has a foreign‑customer link or a Singapore‑customer link. |
| (3) An offence under subsection (1) is an arrestable offence. |
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| Unlawful employment of young person in remote gambling |
12.—(1) A person who employs in Singapore a young person —| (a) | to provide in Singapore facilities for remote gambling by others; | | (b) | to organise, manage or supervise in Singapore remote gambling by others in accordance with arrangements made by that person; | | (c) | to distribute in Singapore a prize offered in remote gambling by others in accordance with arrangements made by that person; | | (d) | to distribute in Singapore money or money’s worth paid or staked in remote gambling by others in accordance with arrangements made by that person; | | (e) | to facilitate participation by others in remote gambling in accordance with arrangements made by that person; | | (f) | to make or use in Singapore a document, device, piece of equipment or other thing for the purposes of enabling remote gambling to take place in accordance with arrangements made by that person; | | (g) | to promote in Singapore remote gambling by others; or | | (h) | to directly assist in any activity referred to in paragraph (a), (b), (c), (d), (e), (f) or (g), |
| shall be guilty of an offence and shall be liable on conviction to a fine of not less than $20,000 and not more than $300,000 or to imprisonment for a term not exceeding 6 years or to both. |
(2) For the purposes of subsection (1) —| (a) | the conduct of a young person referred to in subsection (1)(a), (b), (c), (d), (e), (f), (g) or (h) includes an act done or an omission made partly inside and partly outside Singapore; and | | (b) | it does not matter whether the remote gambling referred to in that subsection is done partly inside and partly outside Singapore. |
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(3) A reference in subsection (1) to employing a young person includes, in particular, a reference —| (a) | to employing or engaging the young person whether or not under a contract of employment; and | | (b) | to causing or permitting the young person to be employed or engaged. |
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| (4) An offence under subsection (1) is an arrestable offence. |
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| Unlawful invitation, etc., to young person to gamble remotely |
13.—(1) A person who invites, or causes or permits, a young person to gamble in Singapore by means of remote communication shall be guilty of an offence and shall be liable on conviction to a fine of not less than $20,000 and not more than $300,000 or to imprisonment for a term not exceeding 6 years or to both.(2) A reference in subsection (1) to inviting a young person to gamble by means of remote communication includes, in particular, a reference to —| (a) | intentionally sending to the young person any remote gambling service advertisement; or | | (b) | intentionally bringing to the attention of the young person information about remote gambling with a view to encouraging the young person to gamble by means of remote communication. |
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(3) For the purposes of subsection (1), it does not matter whether or not the gambling actually carried out by a young person —| (a) | is the same as that in the invitation; or | | (b) | is in the manner so invited, |
| provided that the gambling actually carried out is a probable consequence of that invitation. |
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| (4) For the purposes of subsection (1), it also does not matter whether the gambling done or to be done by a young person pursuant to an invitation is only partly by means of remote communication or is partly inside and partly outside Singapore. |
| (5) An offence under subsection (1) is an arrestable offence. |
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| Defence of reasonable belief of individual’s age |
14. Where an individual (called the accused) is charged with an offence under section 12(1) or 13(1) of doing anything in relation to an individual who is a young person, it is a defence for the accused to prove that —| (a) | the accused took all reasonable steps to determine the individual’s age; and | | (b) | the accused reasonably believed that the individual was not a young person. |
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