PART 3 | DISCLOSURE AND TIPPING-OFF |
[17/2013] 8.—(1) Every person in Singapore and every citizen of Singapore outside Singapore who —| (a) | has possession, custody or control of any property belonging to any terrorist or terrorist entity; or | | (b) | has information about any transaction or proposed transaction in respect of any property belonging to any terrorist or terrorist entity, |
| must immediately inform the Commissioner of Police of that fact or information. |
| (2) The Commissioner of Police may require the person mentioned in subsection (1) to provide such further information or particulars as the Commissioner may think fit, and the person must comply with the requirement. [51/2018] |
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —| (a) | if the person is an individual, and the property mentioned in subsection (1)(a) came into the person’s possession, custody or control, or the information or particulars mentioned in subsection (1)(b) or (2) came to the person’s attention, in the course of the person’s trade, profession, business or employment — to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; | | (b) | if the person is an individual, but paragraph (a) does not apply — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both; or | | (c) | if the person is not an individual, to a fine not exceeding —| (i) | where subsection (1) was contravened, the higher of —| (A) | $1 million; or | | (B) | twice the value of the property mentioned in subsection (1)(a) or (b), as the case may be; or |
| | (ii) | where subsection (2) was contravened, $1 million. [51/2018] |
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| (4) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for not informing the Commissioner of Police. |
| (5) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under subsection (1) or (2). |
(6) In this section, “Commissioner of Police” includes —| (a) | any police officer; and | | (b) | any other person authorised by the Commissioner of Police to act for the Commissioner for the purposes of this section. |
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9.—(1) The Minister may, by order in the Gazette, require any person or class of persons to determine on a continuing basis whether they are in possession or control of property owned or controlled by or on behalf of any terrorist or terrorist entity.(2) Any order mentioned in subsection (1) may require any person or class of persons specified in the order to report to such persons and within such regular periods as may be specified in the order —| (a) | whether they are in possession or control of any property mentioned in subsection (1); and | | (b) | if they are in possession or control of any property mentioned in subsection (1) —| (i) | the number of persons, contracts or accounts involved; | | (ii) | the total value of the property involved; | | (iii) | the manner by which the property came to be in its possession; and | | (iv) | such other particulars as may be specified in the order. |
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| (3) No criminal or civil proceedings shall lie against a person for making a report in good faith under subsection (2). |
| (4) Any person who contravenes any order made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both. |
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| Information about acts of terrorism financing |
10.—(1) Every person in Singapore who has information which the person knows or believes may be of material assistance —| (a) | in preventing the commission by another person of a terrorism financing offence; or | | (b) | in securing the apprehension, prosecution or conviction of another person, in Singapore, for an offence involving the commission, preparation or instigation of a terrorism financing offence, |
| who fails to disclose the information immediately to a police officer shall be guilty of an offence. |
[51/2018] (2) Any person who commits an offence under subsection (1) shall be liable on conviction —| (a) | if the person is an individual, and the information came to the person’s attention in the course of the person’s trade, profession, business or employment — to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; | | (b) | if the person is an individual, but paragraph (a) does not apply — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both; or | | (c) | if the person is not an individual, to a fine not exceeding —| (i) | where a terrorism financing offence was committed, the higher of —| (A) | $1 million; or | | (B) | twice the value of the property (including funds derived or generated from the property), financial services or other related services, or financial transaction (as the case may be) in respect of which the terrorism financing offence was committed; or |
| | (ii) | where no terrorism financing offence was committed, $1 million. [51/2018] |
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| (3) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for not making the disclosure. |
| (4) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section. |
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| Information and identity of informers not to be disclosed |
10A.—(1) Except as provided in subsection (3) —| (a) | no information disclosed by an informer pursuant to section 8, 9 or 10 is to be admitted in evidence in any criminal or civil proceedings; and | | (b) | no witness in any criminal or civil proceedings is obliged —| (i) | to disclose the name and address of any informer; or | | (ii) | to answer any question if the answer would lead, or would tend to lead, to the discovery of the name or address of the informer. [17/2013] |
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| (2) If any book, document or paper which is in evidence or liable to inspection in any criminal or civil proceedings contains any entry in which any informer is named or described or which may lead to the informer’s discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. [17/2013] |
(3) If a court —| (a) | in any proceedings before it for an offence under any written law, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or | | (b) | in any other proceedings, is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer, |
| the court may permit inquiry and require full disclosure concerning the informer. |
[17/2013] |
| (4) In this section, “informer” means a person who makes a disclosure or report pursuant to section 8, 9 or 10. [17/2013] |
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10B.—(1) Any person —| (a) | who knows or has reasonable grounds to suspect that a police officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act; and | | (b) | who discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both. |
[17/2013; 51/2018] (2) Any person —| (a) | who knows or has reasonable grounds to suspect that a disclosure or report has been or is being made under section 8, 9 or 10; and | | (b) | who discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure or report, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both. |
[17/2013; 51/2018] |
(3) Nothing in subsection (1) or (2) makes it an offence for an advocate and solicitor or his or her employee to disclose any information or other matter —| (a) | to, or to a representative of, a client of his or hers in connection with the giving of advice to the client in the course of and for the purpose of the professional employment of the advocate and solicitor; or | | (b) | to any person —| (i) | in contemplation of, or in connection with, legal proceedings; and | | (ii) | for the purpose of those proceedings. [17/2013] |
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(4) Nothing in subsection (1) or (2) makes it an offence for a legal counsel in an entity or a person acting under his or her supervision to disclose any information or other matter —| (a) | to the entity in connection with the giving of advice to the entity, or any officer or employee of the entity, in the course of and for the purpose of his or her employment as such legal counsel; or | | (b) | to any person —| (i) | in contemplation of, or in connection with, legal proceedings; and | | (ii) | for the purpose of those proceedings. [17/2013] |
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| (5) Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, subsection (4) applies in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations. [17/2013] |
| (6) Where a legal counsel is employed by a public agency and is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (4) applies in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second-mentioned public agency or agencies. [17/2013] |
| (7) Subsections (3) and (4) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose. [17/2013] |
| (8) In proceedings against a person for an offence under subsection (1) or (2), it is a defence to prove that the person did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way mentioned in subsection (1) or (2). [17/2013] |
| (9) A person shall not be guilty of an offence under this section in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or other penal legislation. [17/2013] |
(10) In this section —| “legal counsel” has the meaning given by section 3(7) of the Evidence Act 1893; |
| “public agency” has the meaning given by section 128A(6) of the Evidence Act 1893. [17/2013] |
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