PART III
DISCLOSURE AND TIPPING-OFF
[17/2013 wef 23/09/2013]
Duty to disclose
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,
shall immediately inform the Commissioner of Police of that fact or information.
(2)  The Commissioner of Police may require the person referred to in subsection (1) to furnish such further information or particulars as the Commissioner may think fit, and the person must comply with the requirement.
[Act 51 of 2018 wef 01/04/2019]
(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.
[Act 51 of 2018 wef 01/04/2019]
(4)  It shall be a defence for a person charged with an offence under subsection (1) to prove that he 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 him for the purposes of this section.
Duty to audit
9.—(1)  The Minister may, by order published 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 referred to in subsection (1) may require any person or class of persons specified therein 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 referred to in subsection (1); and
(b)if they are in possession or control of any property referred to 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.
(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.
Information about acts of terrorism financing
10.—(1)  Every person in Singapore who has information which he 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.
[Act 51 of 2018 wef 01/04/2019]
(1A)  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.
[Act 51 of 2018 wef 01/04/2019]
(2)  It shall be a defence for a person charged with an offence under subsection (1) to prove that he had a reasonable excuse for not making the disclosure.
(3)  No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section.
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 shall be admitted in evidence in any criminal or civil proceedings; and
(b)no witness in any criminal or civil proceedings shall be obliged —
(i)to disclose the name and address of any informer; or
(ii)to answer any question if the answer thereto would lead, or would tend to lead, to the discovery of the name or address of the informer.
(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 his discovery, the court shall cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.
(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 he 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 thereto without the disclosure of the name of an informer,
the court may permit inquiry and require full disclosure concerning the informer.
(4)  In this section, “informer” means a person who makes a disclosure or report pursuant to section 8, 9 or 10.
[Act 17 of 2013 wef 23/09/2013]
Tipping-off
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.
[Act 51 of 2018 wef 01/04/2019]
(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.
[Act 51 of 2018 wef 01/04/2019]
(3)  Nothing in subsection (1) or (2) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter —
(a)to, or to a representative of, a client of his 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.
(4)  Nothing in subsection (1) or (2) makes it an offence for a legal counsel in an entity or a person acting under his 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 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.
(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 (Cap. 50), subsection (4) shall apply 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.
(6)  Where a legal counsel is employed by a public agency and is required as part of his 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) shall apply 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.
(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.
(8)  In proceedings against a person for an offence under subsection (1) or (2), it is a defence to prove that he 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).
(9)  No person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or other penal legislation.
(10)  In this section —
“legal counsel” has the same meaning as in section 3(7) of the Evidence Act (Cap. 97);
“public agency” has the same meaning as in section 128A(6) of the Evidence Act.
[Act 17 of 2013 wef 23/09/2013]