Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 25]

Friday, August 20

[1999

The following Act was passed by Parliament on 6th July 1999 and assented to by the President on 13th July 1999:—

Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999

(No. 25 of 1999)

I assent.

ONG TENG CHEONG,

President.

13th July 1999.

Date of Commencement: 13th September 1999

An Act to amend the Drug Trafficking (Confiscation of Benefits) Act (Chapter 84A of the 1993 Revised Edition), to make related amendments to certain other written laws and to repeal the Corruption (Confiscation of Benefits) Act (Chapter 65A of the 1990 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1.—(1) This Act may be cited as the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of long title

2. The long title to the Drug Trafficking (Confiscation of Benefits) Act (referred to in this Act as the principal Act) is amended by deleting the words “drug trafficking” and substituting the words “corruption, drug trafficking and other serious crimes”.

Amendment of section 1

3. Section 1 (1) of the principal Act is amended by deleting the words “Drug Trafficking” and substituting the words “Corruption, Drug Trafficking and Other Serious Crimes”.

Amendment of section 2

4. Section 2 of the principal Act is amended —

(a)

by inserting, immediately after paragraph (a) of the definition of “authorised officer” in subsection (1), the following paragraph:

“(aa)

any special investigator of the Corrupt Practices Investigation Bureau appointed under section 3(2) of the Prevention of Corruption Act (Cap. 241);”;

(b)

by inserting, immediately after the words “section 4” in the definition of “confiscation order” in subsection (1), the words “or 4A”;

(c)

by deleting the definition of “corresponding law” in subsection (1) and substituting the following definitions:

“ “corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a foreign country to be a law providing for the control and regulation in that country of —

(a)	the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30th March 1961;
(b)	the production, supply, use, export and import of dangerous or otherwise harmful drugs in pursuance of any treaty, convention or other agreement or arrangement to which the government of that country and the Government of Singapore are for the time being parties; or
(c)	the benefits of trafficking in the drugs or substances referred to in paragraph (a) or (b);

“criminal conduct” means —

(a)

doing or being concerned in, whether in Singapore or elsewhere, any act constituting —

(i)	a serious offence (other than an offence under section 41A or 43A); or
(ii)	a foreign serious offence;

(b)

entering into or being otherwise concerned in, whether in Singapore or elsewhere, an arrangement whereby —

(i)	the retention or control by or on behalf of another person of that other person’s benefits from an act referred to in paragraph (a) is facilitated; or
(ii)	the benefits from an act referred to in paragraph (a) by another person are used to secure funds that are placed at that other person’s disposal, directly or indirectly, or are used for that other person’s benefit to acquire property by way of investment or otherwise;

(c)

the concealing or disguising by a person of any property which is, or in part, directly or indirectly, represents, his benefits from an act referred to in paragraph (a); or

(d)

the conversion or transfer, by a person, of any property referred to in paragraph (c) or the removal of such property from the jurisdiction;

“criminal matters” means the subject of mutual assistance in the investigation of a serious offence or a foreign serious offence;”;

(d)

by inserting, immediately after the words “drug trafficking offence” in the definition of “defendant” in subsection (1) and in subsection (3)(b), the words “or a serious offence, as the case may be,”;

(e)

by inserting, immediately after the definition of “defendant” in subsection (1), the following definition:

“ “drug-related matters” means the subject of mutual assistance in the investigation of a drug trafficking offence or a foreign drug trafficking offence;”;

(f)

by deleting the definition of “drug trafficking” in subsection (1) and substituting the following definition:

“ “drug trafficking” means —

(a)

doing or being concerned in, whether in Singapore or elsewhere, any act constituting —

(i)	a drug trafficking offence (other than an offence under section 41 or 43); or
(ii)	a foreign drug trafficking offence;

(b)

entering into or being otherwise concerned in, whether in Singapore or elsewhere, an arrangement whereby —

(i)	the retention or control by or on behalf of another person of that other person’s benefits of an act referred to in paragraph (a) is facilitated; or
(ii)	the benefits of an act referred to in paragraph (a) by another person are used to secure funds that are placed at that other person’s disposal, directly or indirectly, or are used for that other person’s benefit to acquire property by way of investment or otherwise;

(c)

the concealing or disguising by a person of any property which is, or in part, directly or indirectly, represents, his benefits of an act referred to in paragraph (a); or

(d)

the conversion or transfer by a person of any property referred to in paragraph (c) or the removal of such property from the jurisdiction;”;

(g)

by deleting the word “Schedule” in paragraph (a) of the definition of “drug trafficking offence” in subsection (1) and substituting the words “First Schedule”;

(h)

by deleting the definition of “financial institution” in subsection (1) and substituting the following definition:

“ “financial institution” means —

(a)	a bank licensed under the Banking Act (Cap. 19);
(b)	a merchant bank that is approved as a financial institution under section 28 of the Monetary Authority of Singapore Act (Cap. 186);
(c)	a finance company licensed under the Finance Companies Act (Cap. 108);
(d)	a dealer or an investment adviser licensed under the Securities Industry Act (Cap. 289);
(e)	a futures broker, a futures trading adviser or a futures pool operator licensed under the Futures Trading Act (Cap. 116);
(f)	a company or society registered under the Insurance Act (Cap. 142) as a direct insurer carrying on life business;
(g)	an insurance intermediary licensed under any written law relating to insurance intermediaries if the intermediary arranges contracts of insurance in respect of life business; and
(h)	such other persons or class of persons as the Minister may by order prescribe,

but excludes a money-changer licensed to conduct money-changing business and a remitter licensed to conduct remittance business under the Money-changing and Remittance Businesses Act (Cap. 187);”;

(i)

by deleting the definition of “foreign offence” in subsection (1) and substituting the following definitions:

“ “foreign authority” means a foreign government or an appropriate authority designated by a foreign government exercising any function corresponding to a function of the Minister in charge of this Act;

“foreign country” means any country or territory outside Singapore;

“foreign court” means a court of competent jurisdiction in a foreign country which is a party to any treaty, memorandum of understanding or agreement for the control of narcotic drugs or for assistance in criminal matters to which Singapore is also a party;

“foreign drug trafficking offence” means a drug trafficking offence punishable under a corresponding law;

“foreign government” means the government of a foreign country;

“foreign serious offence” means an offence (other than a foreign drug trafficking offence) against the laws of, or of a part of, a foreign country stated in a certificate purporting to be issued by or on behalf of the government of that country and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted a serious offence;”;

(j)

by inserting, immediately after the words “section 8(8)” in the definition of “gift caught by this Act” in subsection (1), the words “or (8A)”;

(k)

by inserting, immediately after the definition of “realisable property” in subsection (1), the following definition:

“ “Registrar” means, in relation to proceedings in —

(a)	the High Court — the Registrar, Deputy Registrar or Assistant Registrar of the Supreme Court;
(b)	a District Court or a Magistrate’s Court — the Registrar or Deputy Registrar of the Subordinate Courts;”;

(l)

by inserting, immediately after the definition of “restraint order” in subsection (1), the following definition:

“ “serious offence” means —

(a)	any of the offences specified in the Second Schedule;
(b)	conspiracy to commit any of those offences;
(c)	inciting others to commit any of those offences;
(d)	attempting to commit any of those offences; or
(e)	aiding, abetting, counselling or procuring the commission of any of those offences;”;

(m)

by inserting, at the end of sub-paragraph (iv) of subsection (3)(b), the word “and”; and

(n)

by deleting sub-paragraph (v) of subsection (3)(b).

Amendment of section 3

5. Section 3 of the principal Act is amended —

(a)

by inserting, immediately after the words “drug trafficking offence” wherever they appear in subsection (1), the words “or foreign drug trafficking offence”;

(b)

by deleting the word “proceedings” in the 5th line of subsection (1) and substituting the words “any proceedings under this Act”; and

(c)

by inserting, immediately after subsection (1), the following subsection:

“(1A) This Act shall apply to any serious offence or foreign serious offence whether committed before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999 except that nothing in this Act shall impose any duty or confer any power on any court in connection with any proceedings under this Act against a person for a serious offence or a foreign serious offence in respect of which he has been convicted by a court before that date.”.

Amendment of section 4

6. Section 4 of the principal Act is amended —

(a)

by deleting the word “before” in the 3rd line of subsection (2) and substituting the words “at any time after”;

(b)

by deleting subsection (3) and substituting the following subsections:

“(3) The court shall not take into account any application or proposed application for a confiscation order in determining the appropriate sentence or other manner of dealing with the defendant in respect of the drug trafficking offences concerned.

(3A) Where the court which convicted the defendant is for any reason unable to determine the amount to be recovered under subsection (2), the determination and confiscation order, if any, may be made by the Registrar.

(3B) Any relevant evidence admitted in the proceedings against the defendant for the drug trafficking offence concerned shall, if the court or the Registrar thinks fit, be taken into account in determining the amount to be recovered under subsection (2) or (3A).”;

(c)

by inserting, immediately after the word “whether” in the 1st line of the proviso to subsection (4), the word “incurred”; and

(d)

by inserting, immediately after subsection (4), the following subsections:

“(5) The presumption referred to in subsection (4) shall not be rebutted merely by adducing proof to the effect that the property or interest therein was derived from criminal conduct.

(6) In this section, a reference to property or interest therein shall include a reference to income accruing from such property or interest.”.

New sections 4A and 4B

7. The principal Act is amended by inserting, immediately after section 4, the following sections:

“Confiscation orders for benefits derived from criminal conduct

4A.—(1) Subject to section 23, where a defendant is convicted of one or more serious offences, the court shall, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by him from criminal conduct if the court is satisfied that such benefits have been so derived.

(2) If the court is satisfied that benefits have been derived by the defendant from criminal conduct, the court shall, at any time after sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned, determine in accordance with section 7 the amount to be recovered in his case by virtue of this section.

(3) The court shall not take into account any application or proposed application for a confiscation order in determining the appropriate sentence or other manner of dealing with the defendant in respect of the serious offences concerned.

(4) Where the court which convicted the defendant is for any reason unable to determine the amount to be recovered under subsection (2), the determination and confiscation order, if any, may be made by the Registrar.

(5) Any relevant evidence admitted in the proceedings against the defendant for the serious offence concerned shall, if the court or the Registrar thinks fit, be taken into account in determining the amount to be recovered under subsection (2) or (4).

(6) Without prejudice to section 24, for the purposes of this Act, a person who holds or has at any time (whether before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999) held any property or any interest therein (including income accruing from such property or interest) disproportionate to his known sources of income, the holding of which cannot be explained to the satisfaction of the court, shall, until the contrary is proved, be presumed to have derived benefits from criminal conduct.

(7) For the purposes of subsection (6), any expenditure by a person referred to in that subsection (whether incurred before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999) shall, until the contrary is proved, be presumed to have been met out of his benefits derived from criminal conduct.

(8) The presumption referred to in subsection (6) shall not be rebutted merely by adducing proof to the effect that the property or interest therein (including income accruing from such property or interest) was derived from drug trafficking.

Live video or live television links

4B.—(1) Where the defendant has been charged with or convicted of a drug trafficking offence or a serious offence, the court or the Registrar may make an order that —

(a)	if the defendant is represented by an advocate and solicitor, the defendant shall not be present in person in any proceedings under this Act; or
(b)	the defendant shall appear in any proceedings under this Act through live video or live television link (whether or not the defendant is represented by an advocate and solicitor).

(2) Where an order is made under subsection (1)(b), section 62A of the Evidence Act (Cap. 97) shall apply, with the necessary modifications, as if the defendant were a witness.”.

Amendment of section 5

8. Section 5 (1) of the principal Act is amended by inserting, immediately after the words “interest therein” in the 2nd and 3rd lines of paragraph (a), the words “(including income accruing from such property or interest)”.

New section 5A

9. The principal Act is amended by inserting, immediately after section 5, the following section:

“Assessing benefits derived from criminal conduct

5A.—(1) Without prejudice to section 24, for the purposes of this Act —

(a)

the benefits derived by any person from criminal conduct, shall be any property or interest therein (including income accruing from such property or interest) held by the person at any time, whether before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999, being property or interest therein disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and

(b)

the value of the benefits derived by him from criminal conduct, shall be the aggregate of the values of the properties and interests therein referred to in paragraph (a).

(2) For the purpose of assessing the value of the benefits derived by the defendant from criminal conduct, in a case where a confiscation order or an order made under section 13 of the Prevention of Corruption Act (Cap. 241) has previously been made against him, the court shall leave out of account any such benefits derived from drug trafficking or criminal conduct, as the case may be, that are shown to the court to have been taken into account in determining the amount to be recovered under that order.”.

New section 7A

10. The principal Act is amended by inserting, immediately after section 7, the following section:

“Interest on sums unpaid under confiscation order

7A.—(1) If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid, that person shall be liable to pay interest on that sum for the period for which it remains unpaid.

(2) The amount of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from him under the confiscation order.

(3) The rate of interest under subsection (1) shall be at the same rate as a judgment debt.”.

Amendment of section 8

11. Section 8 of the principal Act is amended by inserting, immediately after subsection (8), the following subsection:

“(8A) A gift (including a gift made before the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999) is caught by this Act if —

(a)	it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings for a serious offence were instituted against him or, where no such proceedings have been instituted, when an application under section 4A for a confiscation order is made against him; or
(b)	it was made by the defendant at any time and was a gift of property which is or is part of the benefits derived by the defendant from criminal conduct.”.

Amendment of section 22

12. Section 22 of the principal Act is amended —

(a)

by inserting, immediately after the words “drug trafficking offence” in the 2nd line of subsection (1), the words “or a serious offence, as the case may be,”;

(b)

by inserting, immediately after the words “drug trafficking offence” in the 3rd and 4th lines of subsection (1), the words “or the serious offence, as the case may be,”;

(c)

by deleting the words “or he is not amenable to extradition proceedings” in subsection (2)(b)(ii) and substituting the words “, apprehended or extradited”; and

(d)

by inserting, immediately after subsection (2), the following subsection:

“(3) For the purposes of subsection (1), a person shall be taken to abscond in connection with a serious offence if, whether before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999 —

(a)

investigations for a serious offence have been commenced against the person; and

(b)

the person —

(i)	dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he is convicted; or
(ii)	at the end of the period of 6 months from the date on which the investigations referred to in paragraph (a) were commenced against him, cannot be found, apprehended or extradited.”.

Amendment of section 24

13. Section 24 of the principal Act is amended —

(a)

by deleting the words “4 (4) and (5)” in subsection (3) and substituting the words “4 (4), 4A (6) and (7), 5 and 5A”;

(b)

by inserting, immediately after subsection (4), the following subsections:

“(4A) For the purposes of Part II, the following provisions shall apply in determining whether a deceased defendant had derived benefits from criminal conduct or in determining those benefits or the value of those benefits:

(a)	a deceased defendant shall, until the contrary is proved, be presumed to have derived benefits from criminal conduct, if he had, at any time (whether before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999) since the beginning of the period of 6 years ending at the date of his death, held any property or interest therein disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court;
(b)	the benefits derived by a deceased defendant from criminal conduct shall be any property or interest therein held by him during the period mentioned in paragraph (a), being property or interest therein disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and
(c)	the value of the benefits derived by a deceased defendant from criminal conduct shall be the aggregate of the values of those properties and interests therein referred to in paragraphs (a) and (b) less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order or any order made under section 13 of the Prevention of Corruption Act (Cap. 241) previously made against the deceased defendant.

(4B) The presumption referred to in —

(a)	subsection (4) shall not be rebutted merely by adducing proof to the effect that the property or interest therein was derived from criminal conduct;
(b)	subsection (4A) shall not be rebutted merely by adducing proof to the effect that the property or interest therein was derived from drug trafficking.”;

(c)

by inserting, immediately after the words “drug trafficking offence” in subsection (5)(a), the words “or a serious offence, as the case may be,”; and

(d)

by inserting, immediately after subsection (5), the following subsection:

“(6) In this section, a reference to property or interest therein shall include a reference to income accruing from such property or interest.”.

Amendment of section 26

14. Section 26 of the principal Act is amended —

(a)

by inserting, immediately after the words “drug trafficking” in subsection (1), the words “or criminal conduct, as the case may be”;

(b)

by inserting, immediately after subsection (1), the following subsection:

“(1A) This section shall not apply to any material in the possession of a financial institution.”; and

(c)

by inserting, immediately after the words “drug trafficking” in subsection (4)(a), the words “or from criminal conduct, as the case may be”.

New sections 26A and 26B

15. The principal Act is amended by inserting, immediately after section 26, the following sections:

“Production orders against financial institution to produce material relating to drug trafficking or criminal conduct

26A.—(1) The Attorney-General or any person duly authorised by him in writing may, for the purpose of an investigation into a drug trafficking offence or a serious offence, as the case may be, apply to the High Court for an order under subsection (2) in relation to any particular material or material of a particular description.

(2) The High Court may, if on such an application it is satisfied that the conditions referred to in subsection (3) are fulfilled, make an order that the financial institution which appears to the Court to be in possession of the material to which the application relates shall —

(a)	produce the material to the Attorney-General or the person duly authorised by him for the Attorney-General or such person to take away; or
(b)	give the Attorney-General or the person duly authorised by him access to the material,

within a reasonable period, but not less than 7 days, as the order may specify.

(3) The conditions referred to in subsection (2) are —

(a)

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking or criminal conduct, as the case may be;

(b)

that there are reasonable grounds for believing that the material to which the application relates —

(i)	is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and
(ii)	does not consist of or include items subject to legal privilege; and

(c)

that there are reasonable grounds for believing that it is in the public interest to produce the material to which the application relates.

(4) A financial institution which complies with an order made under subsection (2) shall not be treated as being in breach of any restriction upon the disclosure of information or material imposed by law, contract or rules of professional conduct.

(5) No action shall lie against a financial institution which in good faith produces materials or gives access to materials relating to the account of its customer by reason of that financial institution having produced or given access to the materials in compliance with an order made against it under subsection (2) or any act done or omitted to be done in relation to any funds, investment or property in the account of that customer in consequence of the production of or access to those materials.

(6) The proceedings for an application for a production order under this section shall be heard in camera.

(7) In this section, “items subject to legal privilege” has the same meaning as in section 33(2).

Production orders to obtain information to assist foreign authority investigating drug trafficking or criminal conduct

26B.—(1) The Attorney-General or any person duly authorised by him in writing may make an application under section 26A for the purpose of assisting a foreign authority in its investigation into a foreign drug trafficking offence or a foreign serious offence, as the case may be, in relation to any particular material or material of a particular description if and only if the conditions in subsection (2) are fulfilled in addition to those in section 26A(3).

(2) The conditions referred to in subsection (1) are —

(a)	that there exists a mutual legal assistance treaty, memorandum of understanding or other agreement in drug-related matters or criminal matters, as the case may be, between Singapore and the foreign government and the conditions therein have been fulfilled in respect of any particular request for assistance from the Attorney-General, which conditions shall be in addition to and not in derogation of the conditions in this subsection;
(b)	that the foreign authority has agreed to provide reciprocal assistance in drug-related matters or criminal matters, as the case may be, to Singapore;
(c)	that the foreign drug trafficking offence or foreign serious offence, as the case may be, which is the subject of the investigation constitutes an offence against the law of, or of a part of, the state of the foreign authority and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted a drug trafficking offence or a serious offence, as the case may be;
(d)	that the seriousness of the foreign drug trafficking offence or foreign serious offence under investigation, as the case may be, is of sufficient gravity and the material which is the subject of the application is of sufficient importance to the investigation and whether the material could not reasonably be obtained by other means;
(e)	that the assistance is not likely to prejudice the sovereignty, security or national interest of Singapore;
(f)	that it is not contrary to the public interest to give the assistance sought;
(g)	that the foreign authority undertakes that the material sought if granted by the High Court pursuant to a production order shall not be used for any other purposes except for the investigation of the foreign drug trafficking offence or foreign serious offence, as the case may be, or for the prosecution of the offender concerned and the material shall be returned to the Attorney-General upon completion of the investigation or the proceedings against the offender; and
(h)	such other conditions as the Minister may prescribe.

(3) The proceedings for an application for a production order under subsection (1) shall be heard in camera.”.

Repeal and re-enactment of section 29

16. Section 29 of the principal Act is repealed and the following section substituted therefor:

“Production orders in relation to foreign offences

29.—(1) Where an authorised officer is authorised by any regulations made under this Act to apply to a court for a production order under this Act in respect of a foreign drug trafficking offence or a foreign serious offence, as the case may be, the authorised officer may apply for the order accordingly.

(2) This Division (with the exception of sections 26A and 26B) shall apply, with such modifications as may be prescribed in the regulations, to the application and to any production order made as a result of the application as if a reference in this Division to drug trafficking or criminal conduct were a reference to the foreign drug trafficking offence or foreign serious offence.

(3) Where an authorised officer takes possession of any material under a production order made in respect of a foreign drug trafficking offence or a foreign serious offence, as the case may be, the authorised officer may retain the material for a period of one month pending a written direction from the Attorney-General as to the manner in which the material is to be dealt with (which may include a direction that the material be sent to the foreign authority that requested the obtaining of the production order).

(4) This section shall not apply to any material in the possession of a financial institution.”.

Amendment of section 30

17. Section 30 of the principal Act is repealed.

Amendment of section 31

18. Section 31 of the principal Act is amended —

(a)	by inserting, immediately after the words “drug trafficking” in subsections (1) and (4)(b) (3rd line), the words “or criminal conduct, as the case may be”;
(b)	by inserting, immediately after the words “section 26” in subsection (2)(a), the words “or 26A”;
(c)	by deleting the words “drug trafficking;” in subsection (3)(a) and substituting the words “drug trafficking or from criminal conduct, as the case may be; and”;
(d)	by inserting, immediately after the words “section 26(4)(b) and (c)” in subsection (3)(b), the words “or 26A (3)(b) and (c)”;
(e)	by deleting the word “; and” at the end of subsection (3)(b) and substituting a full-stop;
(f)	by deleting paragraph (c) of subsection (3);
(g)	by deleting the words “drug trafficking;” in subsection (4)(a) and substituting the words “drug trafficking or from criminal conduct, as the case may be; and”;
(h)	by deleting the word “; and” at the end of subsection (4)(b) and substituting a full-stop; and
(i)	by deleting paragraph (c) of subsection (4).

Amendment of section 32

19. Section 32 of the principal Act is amended —

(a)	by inserting, immediately after the words “authorised by” in the 1st line of subsection (1), the words “and in circumstances prescribed in”;
(b)	by deleting the word “if” in the 7th line of subsection (1) and substituting the words “as if”;
(c)	by deleting the words “a drug trafficking offence” in the 7th and 8th lines of subsection (1) and substituting the words “drug trafficking or criminal conduct, as the case may be,”;
(d)	by deleting the words “foreign offence” wherever they appear in subsections (1), (2) and (3) and substituting in each case the words “foreign drug trafficking offence or foreign serious offence, as the case may be”;
(e)	by deleting the words “foreign offences” in the marginal note and substituting the words “foreign drug trafficking offence or foreign serious offence”;
(f)	by deleting the words “an authority of the foreign country” in the 7th and 8th lines of subsection (3) and substituting the words “a foreign authority”; and
(g)	by inserting, immediately after the word “material” wherever it appears in subsection (3), the words “or thing”.

Repeal and re-enactment of sections 34 to 38

20. Sections 34, 35, 36, 37 and 38 of the principal Act are repealed and the following sections substituted therefor:

“Search warrant for material in possession of financial institution

34.—(1) This section shall apply where the material sought in respect of a foreign drug trafficking offence or a foreign serious offence, as the case may be, is in the possession of a financial institution and sections 31 and 32 shall not apply to such material.

(2) The Attorney-General or any person duly authorised by him in writing may apply to the High Court for a search warrant under this section in relation to any particular material in a specified premises in respect of an investigation into a foreign drug trafficking offence or a foreign serious offence, as the case may be, if he is satisfied that the conditions in subsection (3) are fulfilled and the High Court may, if it thinks fit, issue such a search warrant.

(3) The conditions referred to in subsection (2) are —

(a)

that there exists a mutual legal assistance treaty, memorandum of understanding or other agreement in drug-related matters or criminal matters, as the case may be, between Singapore and the foreign government and the conditions therein have been fulfilled in respect of any particular request for assistance from the Attorney-General, which conditions shall be in addition to and not in derogation of the conditions in this subsection;

(b)

that the foreign authority has agreed to provide reciprocal assistance in drug-related matters or criminal matters, as the case may be, to Singapore;

(c)

that the foreign drug trafficking offence or foreign serious offence, as the case may be, which is the subject of the investigation constitutes an offence against the law of, or of a part of, the state of the foreign authority and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted a drug trafficking offence or a serious offence, as the case may be;

(d)

that the seriousness of the foreign drug trafficking offence or foreign serious offence under investigation, as the case may be, is of sufficient gravity and the material which is the subject of the application is of sufficient importance to the investigation and whether the material could not reasonably be obtained by other means;

(e)

that the application is not likely to prejudice the sovereignty, security or national interest of Singapore;

(f)

that it is not contrary to the public interest to give the assistance sought;

(g)

that the foreign authority undertakes that the material sought pursuant to a search warrant under this section shall not be used for any other purposes except for the investigation of the foreign drug trafficking offence or foreign serious offence, as the case may be, or for the prosecution of the offender concerned and the material shall be returned to the Attorney-General upon completion of the investigation or proceedings against the offender;

(h)

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking or criminal conduct, as the case may be;

(i)

that there are reasonable grounds for believing that the material to which the application relates —

(i)	is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and
(ii)	does not consist of or include items subject to legal privilege; and

(j)

such other conditions as the Minister may prescribe.

(4) A financial institution which complies with a warrant issued under subsection (2) shall not be treated as being in breach of any restriction upon the disclosure of information or material imposed by law, contract or rules of professional conduct.

(5) No action shall lie against a financial institution which in good faith produces materials or gives access to materials relating to the account of its customer by reason of that financial institution having produced or given access to the materials in compliance with a warrant issued under subsection (2) or any act done or omitted to be done in relation to any funds, investment or property in the account of that customer in consequence of the production of or access to those materials.

(6) In this section, “items subject to legal privilege” has the same meaning as in section 33(2).

DIVISION 3 - Obligations of financial institutions

Interpretation of this Division

35.—(1) In this Division —

“financial transaction document”, in relation to a financial institution, means any document that relates to a financial transaction carried out by the institution in its capacity as a financial institution, and includes but is not limited to a document that relates to —

(a)	the opening or closing by a person of an account with the institution;
(b)	the operation by a person of an account with the institution;
(c)	the opening or use by a person of a deposit box held by the institution;
(d)	the telegraphic or electronic transfer of funds by the institution on behalf of a person to another person;
(e)	the transmission of funds between Singapore and a foreign country or between foreign countries on behalf of a person;
(f)	an application by a person for a loan from the institution (where a loan is made to the person pursuant to the application); or
(g)	records of customer identification;

“minimum retention period”, in relation to a financial transaction document of a financial institution, means —

(a)	if the document relates to the opening of an account with the institution, the period of 6 years after the day on which the account is closed;
(b)	if the document relates to the opening by a person of a deposit box held by the institution, the period of 6 years after the day on which the deposit box ceases to be used by the person; or
(c)	in any other case, the period of 6 years after the day on which the transaction takes place.

(2) In sections 36 and 37, a reference to a copy includes a copy retained in the form of microfilm, microfiche, electronic records in accordance with section 9(1) of the Electronic Transactions Act 1998 (Act 25 of 1998) or such other form as the Monetary Authority of Singapore may approve.

Retention of records by financial institutions

36.—(1) A financial institution shall retain, or retain a copy of, each financial transaction document for the minimum retention period applicable to the document.

(2) A financial institution required to retain documents under this section shall retain and store them in a manner that makes retrieval of the documents reasonably practicable.

(3) A financial institution that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(4) This section does not limit any other obligation of a financial institution to retain documents.

37.—(1) Where a financial institution is required by law to release an original of a financial transaction document before the end of the minimum retention period applicable to the document, the institution shall retain a complete copy of the document until the period has ended or the original is returned, whichever occurs first.

(2) The financial institution shall maintain a register of documents released under subsection (1).

(3) A financial institution that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Duty to disclose knowledge or suspicion

38.—(1) Where a person knows or has reasonable grounds to suspect that any property —

(a)	in whole or in part, directly or indirectly, represents the proceeds of;
(b)	was used in connection with; or
(c)	is intended to be used in connection with,

drug trafficking or criminal conduct, as the case may be, and the information or matter on which the knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, he shall disclose the knowledge or suspicion or the information or other matter on which that knowledge or suspicion is based to an authorised officer as soon as is reasonably practicable after it comes to his attention.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(3) The Minister may, by regulations, prescribe requirements for any person or class of persons in relation to the circumstances, manner and means of disclosure required under subsection (1).

(4) Subsection (1) or (2) does not make it an offence for an advocate and solicitor or his clerks or employees or an interpreter to fail to disclose any information or other matter which are items subject to legal privilege.

(5) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

(6) Where a person discloses to an authorised officer —

(a)	his knowledge or suspicion of the matters referred to in subsection (1)(a), (b) or (c); or
(b)	any information or other matter on which that knowledge or suspicion is based,

the disclosure shall not be treated as a breach of any restriction upon the disclosure imposed by law, contract or rules of professional conduct and he shall not be liable for any loss arising out of the disclosure or any act or omission in consequence of the disclosure.

(7) Without prejudice to subsection (5) or (6), in the case of a person who was in employment at the time in question, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

(8) A disclosure to which subsection (7) applies shall not be treated as a breach of any restriction imposed by law, contract or rules of professional conduct.

(9) In this section, “items subject to legal privilege” has the same meaning as in section 33(2).”.

Amendment of section 39

21. Section 39 of the principal Act is amended —

(a)	by deleting the words “a financial institution, or a person who is an” in the 1st line and substituting the words “a person or his”;
(b)	by deleting the words “of the institution” in the 2nd line;
(c)	by deleting the words “institution or person” in the 5th line and substituting the words “person or his officer, employee or agent”;
(d)	by deleting the words “and 43,” in the 6th line and substituting the words “, 41A, 43 and 43A,”; and
(e)	by deleting the words “for financial institution” in the marginal note.

Amendment of section 41

22. Section 41 of the principal Act is amended —

(a)

by deleting the words “an arrangement knowing that by the arrangement” in the 2nd line of subsection (1) and substituting the words “, or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that by the arrangement”;

(b)

by inserting, immediately after the word “disposal” in subsection (1)(b)(i), the words “, directly or indirectly”;

(c)

by inserting, immediately after the word “investment” in subsection (1)(b)(ii), the words “or otherwise”;

(d)

by inserting, immediately after the word “knowing” in the 14th line of subsection (1), the words “or having reasonable grounds to believe”;

(e)

by inserting, immediately after the words “that any” in the 2nd line of subsection (3), the word “property,”;

(f)

by deleting the word “by” where it secondly appears in subsection (3)(b);

(g)

by deleting the word “funds” in subsection (3)(c)(ii) and substituting the words “property, funds”;

(h)

by inserting, immediately after the word “know” in the 1st line of paragraphs (a) and (b) of subsection (4), the words “and had no reasonable ground to believe”;

(i)

by deleting the full-stop at the end of paragraph (c)(ii) of subsection (4) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(d)

that in the case of a person who was in employment at the time in question and he enters or is otherwise concerned in the arrangement in the course of his employment, he disclosed the suspicion, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.”; and

(j)

by deleting “$100,000” in subsection (5) and substituting “$200,000”.

New section 41A

23. The principal Act is amended by inserting, immediately after section 41, the following section:

“Assisting another to retain benefits from criminal conduct

41A.—(1) Subject to subsection (3), a person who enters into or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that by the arrangement —

(a)

the retention or control by or on behalf of another (referred to in this section as that other person) of that other person’s benefits of criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or

(b)

that other person’s benefits from criminal conduct —

(i)	are used to secure funds that are placed at that other person’s disposal, directly or indirectly; or
(ii)	are used for that other person’s benefit to acquire property by way of investment or otherwise,

and knowing or having reasonable grounds to believe that that other person is a person who engages in or has engaged in criminal conduct or has benefited from criminal conduct shall be guilty of an offence.

(2) In this section, references to any person’s benefits from criminal conduct include a reference to any property which in whole or in part, directly or indirectly, represented in his hands his benefits from criminal conduct.

(3) Where a person discloses to an authorised officer his knowledge or belief that any property, funds or investments are derived from or used in connection with criminal conduct or any matter on which such knowledge or belief is based —

(a)

if he does any act in contravention of subsection (1) and the disclosure relates to the arrangement concerned, he shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is —

(i)	it is made before he does the act concerned, being an act done with the consent of the authorised officer; or
(ii)	it is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it;

(b)

the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct; and

(c)

he shall not be liable in damages for any loss arising out of —

(i)	the disclosure;
(ii)	any act done or omitted to be done in relation to the property, funds or investments in consequence of the disclosure.

(4) In any proceedings against a person for an offence under this section, it is a defence to prove —

(a)

that he did not know and had no reasonable ground to believe that the arrangement related to any person’s proceeds derived from criminal conduct;

(b)

that he did not know and had no reasonable ground to believe that by the arrangement the retention or control by or on behalf of the relevant person of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1);

(c)

that —

(i)	he intended to disclose to an authorised officer such knowledge, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and
(ii)	there is reasonable excuse for his failure to make disclosure in accordance with sub- section (3)(a);

(d)

that in the case of a person who was in employment at the time in question and he enters or is otherwise concerned in the arrangement in the course of his employment, he disclosed the knowledge, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

(5) A person who commits an offence under this section shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 7 years or to both.”.

Amendment of section 43

24. Section 43 of the principal Act is amended —

(a)	by deleting the words “for the purpose of avoiding prosecution for a drug trafficking offence or the making or enforcement in his case of a confiscation order” in the 7th, 8th and 9th lines of subsection (1);
(b)	by inserting, immediately after the words “drug trafficking offence” in the 8th line of subsection (2), the words “or a foreign drug trafficking offence”;
(c)	by inserting, immediately after the word “knowing” in the 1st line of subsections (2) and (3), the words “or having reasonable grounds to believe”; and
(d)	by deleting “$100,000” in subsection (6) and substituting “$200,000”.

New sections 43A and 43B

25. The principal Act is amended by inserting, immediately after section 43, the following sections:

“Concealing or transferring benefits of criminal conduct

43A.—(1) Any person who —

(a)	conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, his benefits from criminal conduct; or
(b)	converts or transfers that property or removes it from the jurisdiction,

shall be guilty of an offence.

(2) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct —

(a)	conceals or disguises that property; or
(b)	converts or transfers that property or removes it from the jurisdiction,

for the purpose of assisting any person to avoid prosecution for a serious offence or a foreign serious offence or the making or enforcement of a confiscation order shall be guilty of an offence.

(3) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct, acquires that property for no or inadequate consideration, shall be guilty of an offence.

(4) In subsections (1)(a) and (2)(a), references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.

(5) For the purposes of subsection (3), consideration given for any property is inadequate if its value is significantly less than the market value of that property, and there shall not be treated as consideration the provision for any person of services or goods which are of assistance to him in criminal conduct.

(6) Any person who commits an offence under this section shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 7 years or to both.

Tipping-off

43B.—(1) Any person who —

(a)	knows or has reasonable grounds to suspect that an authorised 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 or any subsidiary legislation made thereunder; and
(b)	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 $30,000 or to imprisonment for a term not exceeding 3 years or to both.

(2) Any person who —

(a)	knows or has reasonable grounds to suspect that a disclosure has been made to an authorised officer under this Act (referred to in this section as the disclosure); and
(b)	discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both.

(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) Subsection (3) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.

(5) 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).

(6) No authorised officer or other 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 of any other written law relating to drug trafficking or a serious offence.”.

Amendment of section 48

26. Section 48 (4) of the principal Act is amended by inserting, immediately after the words “drug trafficking” in the definition of “external confiscation order”, the words “or criminal conduct, as the case may be,”.

Repeal and re-enactment of section 50 and new section 50A

27. Section 50 of the principal Act is repealed and the following sections substituted therefor:

“Evidence of corresponding law or foreign law

50.—(1) A document purporting to be issued by or on behalf of the government of a foreign country and purporting to state the terms of —

(a)	a corresponding law in force in that country; or
(b)	a law in relation to a foreign serious offence in force in that country,

shall be admissible in evidence for the purpose of proving the matters referred to in subsection (2), in any proceedings under this Act or any subsidiary legislation made thereunder, on its production by the Attorney-General or by any person duly authorised by him in writing.

(2) Such document shall be sufficient evidence —

(a)	that it is issued by or on behalf of the government of the foreign country stated in the document;
(b)	that the terms of the corresponding law or the law of the foreign country are as stated in the document; and
(c)	that any fact stated in the document as constituting an offence under that law does constitute such offence.

Proof of convictions and acquittals

50A.—(1) For the purposes of any proceedings under this Act or any subsidiary legislation made thereunder, the fact that a person has been convicted or acquitted of an offence by or before any court in Singapore or by a foreign court, shall be admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that he committed (or, as the case may be, did not commit) that offence, whether or not he is a party to the proceedings; and where he was convicted whether he was so convicted upon a plea of guilt or otherwise.

(2) The court shall accept the conviction referred to in subsection (1) as conclusive unless —

(a)	it is subject to review or appeal that has not yet been determined;
(b)	it has been quashed or set aside; or
(c)	the court is of the view that it is contrary to the interests of justice or the public interest to accept the conviction as conclusive.

(3) A person proved to have been convicted of an offence under this section shall be taken to have committed the acts and to have possessed the state of mind, if any, which at law constitute that offence.

(4) Any conviction or acquittal admissible under this section may be proved —

(a)	in the case of a conviction or acquittal before a court in Singapore, by a certificate of conviction or acquittal, signed by the Registrar; or
(b)	in the case of a conviction or acquittal before a foreign court, by a certificate or certified official record of proceedings issued by that foreign court and duly authenticated by the official seal of a Minister of the country of the foreign court,

giving the substance and effect of the charge and of the conviction or acquittal.”.

New section 60

28. The principal Act is amended by inserting, immediately after section 59, the following section:

“Rules of Court

60. Rules of Court may provide for the manner in which proceedings under this Act may be commenced or carried on.”.

Miscellaneous amendments

29. The principal Act is amended —

(a)

by inserting, immediately after the words “DRUG TRAFFICKING” in the heading to Part II, the words “OR CRIMINAL CONDUCT”;

(b)

by inserting, immediately after the words “drug trafficking” in the 5th line of section 5(2), the words “or criminal conduct”;

(c)

by inserting, immediately after the words “drug trafficking” in the marginal note to section 6, the words “or criminal conduct”;

(d)

by inserting, immediately after the words “drug trafficking” wherever they appear in the following provisions, the words “or from criminal conduct, as the case may be”:

Sections 6(1)(a) (4th line) and (6), 7(1) and (3) (4th line) and 11(1)(c) and (2) (last line);

(e)

by inserting, immediately after the words “drug trafficking” wherever they appear in the following provisions, the words “or criminal conduct, as the case may be”:

Sections 9(2)(a), 40(7)(b) and (8) and 44(1) (1st and 2nd lines);

(f)

by deleting the words “drug trafficking” in section 9(2)(b)(ii) and substituting the words “or derived from drug trafficking or criminal conduct, as the case may be”;

(g)

by inserting, immediately after the words “drug trafficking offence” in section 45(1)(b), the words “or serious offence, as the case may be”;

(h)

by inserting, immediately after the words “drug trafficking offences” in section 45(1)(c), the words “or serious offences, as the case may be”;

(i)

by inserting, immediately after the words “drug trafficking offence” in the 3rd line of section 45(4)(b), the words “or a serious offence”;

(j)

by inserting, immediately after the words “drug trafficking offence” wherever they appear in the following provisions, the words “or a serious offence, as the case may be”:

Sections 10(4) (1st and 2nd lines) and (5) (1st and 2nd lines), 11(1)(a), (2)(a), (2)(b) and (3)(b), 15(1)(a), (2)(a), 23 (2nd line) and 45(1) (2nd line);

(k)

by deleting the words “the offence” wherever they appear in the following provisions and substituting in each case the words “the drug trafficking offence or serious offence, as the case may be”:

Sections 12(5)(b), 13(8) (3rd and 4th lines) and 23 (b);

(l)

by inserting, immediately after the words “section 4” wherever they appear in the following provisions, the words “or 4A”:

Sections 9(1) and (4)(a) and 10(1) (2nd and 8th lines), (2) (a), (3), (4) (3rd line) and (5) (3rd line);

(m)

by deleting the words “section 41” in the marginal note to section 42 and substituting the words “sections 41 and 41A”;

(n)

by inserting, immediately after the words “section 41(3)” in section 42(1)(a) and (3)(a), the words “or 41A (3)”;

(o)

by inserting, immediately after the words “section 41” in section 42(2)(a) and (5)(a), the words “or 41A”; and

(p)

by deleting the word “Schedule” in section 52 and in the marginal note and substituting the words “First and Second Schedules” and “Schedules”, respectively.

New Second Schedule

30. The Schedule to the principal Act is amended by deleting the words “THE SCHEDULE” and substituting the words “FIRST SCHEDULE”, and by inserting immediately thereafter the following Schedule:

“SECOND SCHEDULE

Section 2

Serious Offences

Offences

Description*

Section 41A of this Act

Assisting another to retain benefits from criminal conduct

Section 43A of this Act

Concealing or transferring benefits from criminal conduct

Children and Young Persons Act (Cap 38)

Section 4(1), and (6) (a) and (b)

Cruelty to children and young persons

Corrosive and Explosive Substances and Offensive Weapons Act (Cap 65)

Section 3

Possession of corrosive or explosive substance for purpose of causing hurt

Hijacking of Aircraft and Protection of Aircraft and International Airports Act (Cap 124)

Section 3(3)

Hijacking

Section 4

Violence against passengers or crew

Section 5

Destroying, damaging or endangering safety of aircraft

Section 7

Endangering safety at aerodromes

Kidnapping Act (Cap 151)

Section 3

Abduction, wrongful restraint or wrongful confinement for ransom

10.

Section 4

Knowingly receiving ransom

11.

Section 5

Knowingly negotiating to obtain or for payment of ransom

Penal Code (Cap 224)

12.

Section 130

Aiding escape of, rescuing, or harbouring such prisoner

13.

Section 130B

Piracy by law of nations

14.

Section 130C

Piratical acts

15.

Section 161

Public servant taking a gratification, other than legal remuneration, in respect of an official act

16.

Section 162

Taking a gratification in order, by corrupt or illegal means, to influence a public servant

17.

Section 164

Punishment for abetment by public servant of the offences above defined

18.

Section 165

Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant

19.

Section 181

False statement on oath to public servant or person authorised to administer an oath

20.

Section 193

Punishment for false evidence

21.

Section 194

Giving or fabricating false evidence with intent to procure conviction of a capital offence

22.

Section 195

Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment

23.

Section 196

Using evidence known to be false

24.

Section 201

Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender.

25.

Section 203

Giving false information respecting an offence committed

26.

Section 204

Destruction of document to prevent its production as evidence

27.

Section 205

False personation for the purpose of any act or proceeding in a suit

28.

Section 206

Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree

29.

Section 207

Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree

30.

Section 208

Fraudulently suffering a decree for a sum not due

31.

Section 212

Harbouring an offender

32.

Section 213

Taking gift, etc., to screen an offender from punishment

33.

Section 214

Offering gift or restoration of property in consideration of screening offender

34.

Section 215

Taking gift to help to recover stolen property, etc.

35.

Section 216

Harbouring an offender who has escaped from custody, or whose apprehension has been ordered

36.

Section 216A

Harbouring robbers or gang-robbers, etc.

37.

Section 217

Public servant disobeying a direction of law with intent to save person from punishment or property from forfeiture

38.

Section 218

Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture

39.

Section 221

Intentional omission to apprehend on the part of a public servant bound by law to apprehend

40.

Section 222

Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of court of justice

41.

Section 225A

Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for

42.

Section 231

Counterfeiting coin

43.

Section 232

Counterfeiting current coin

44.

Section 233

Making or selling instrument for counterfeiting coin

45.

Section 234

Making or selling instrument for counterfeiting current coin

46.

Section 235

Possession of instrument or material for the purpose of using the same for counterfeiting coin

47.

Section 236

Abetting in Singapore the counterfeiting out of Singapore of coin

48.

Section 237

Import or export of counterfeit coin

49.

Section 238

Import or export of counterfeits of current coin

50.

Section 239

Delivery to another of coin possessed with knowledge that it is counterfeit

51.

Section 240

Delivery of current coin, possessed with the knowledge that it is counterfeit

52.

Section 241

Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be counterfeit

53.

Section 242

Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof

54.

Section 302

Punishment for murder

55.

Section 304

Punishment for culpable homicide not amounting to murder

56.

Section 307(1)

Attempt to murder

57.

Section 307(2)

Other offences by convicts

58.

Section 308

Attempt to commit culpable homicide

59.

Section 312

Causing miscarriage

60.

Section 313

Causing miscarriage without woman’s consent

61.

Section 315(1)

Child destruction before, at or immediately after birth

62.

Section 316

Causing death of a quick unborn child by an act amounting to culpable homicide

63.

Section 324

Voluntarily causing hurt by dangerous weapons or means

64.

Section 325

Punishment for voluntarily causing grievous hurt

65.

Section 326

Voluntarily causing grievous hurt by dangerous weapons or means

66.

Section 327

Voluntarily causing hurt to extort property or to constrain to an illegal act

67.

Section 328

Causing hurt by means of poison, etc., with intent to commit an offence

68.

Section 329

Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

69.

Section 330

Voluntarily causing hurt to extort confession or to compel restoration of property

70.

Section 331

Voluntarily causing grievous hurt to extort confession or to compel restoration of property

71.

Section 332

Voluntarily causing hurt to deter public servant from his duty

72.

Section 333

Voluntarily causing grievous hurt to deter public servant from his duty

73.

Section 335

Causing grievous hurt on provocation

74.

Section 338

Causing grievous hurt by an act which endangers life or personal safety of others

75.

Section 343

Wrongful confinement for 3 or more days

76.

Section 344

Wrongful confinement for 10 or more days

77.

Section 345

Wrongful confinement of person for whose liberation a writ has been issued

78.

Section 346

Wrongful confinement in secret

79.

Section 347

Wrongful confinement for the purpose of extorting property or constraining to an illegal act

80.

Section 348

Wrongful confinement for the purpose of extorting confession or of compelling restoration of property

81.

Section 354

Assault or use of criminal force to a person with intent to outrage modesty

82.

Section 354A

Outraging modesty in certain circumstances

83.

Section 363

Punishment for kidnapping

84.

Section 364

Kidnapping or abducting in order to murder

85.

Section 365

Kidnapping or abducting with intent to secretly and wrongfully to confine a person

86.

Section 366

Kidnapping or abducting a woman to compel her marriage, etc.

87.

Section 367

Kidnapping or abducting in order to subject a person to grievous hurt , slavery, etc.

88.

Section 368

Wrongfully concealing or keeping in confinement a kidnapped person

89.

Section 369

Kidnapping or abducting child under 10 years with intent to steal moveable property from the person of such child

90.

Section 370

Buying or disposing of any person as a slave

91.

Section 371

Habitual dealing in slaves

92.

Section 372

Selling minor for purposes of prostitution, etc.

93.

Section 373

Buying minor for purposes of prostitution, etc.

94.

Section 373A

Importing by fraud, brings, assist in bringing, sells or buys, with intent that any women be used for purpose of prostitution

95.

Section 376(1) and (2)

Punishment for Rape

96.

Section 379

Punishment for theft

97.

Section 379A

Punishment for theft of a motor vehicle

98.

Section 380

Theft in dwelling house, etc.

99.

Section 381

Theft by clerk or servant of property in possession of master

100.

Section 382

Theft after preparation made for causing death or hurt in order to commit theft

101.

Section 384

Punishment for extortion

102.

Section 385

Putting person in fear of injury in order to commit extortion

103.

Section 386

Extortion by putting a person in fear of death or grievous hurt

104.

Section 387

Putting person in fear of death or of grievous hurt in order to commit extortion

105.

Section 388

Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.

106.

Section 389

Putting person in fear of accusation of offence, in order to commit extortion

107.

Section 392

Punishment for robbery

108.

Section 393

Attempt to commit robbery

109.

Section 394

Voluntarily causing hurt in committing robbery

110.

Section 395

Punishment for gang-robbery

111.

Section 396

Gang-robbery with murder

112.

Section 399

Making preparation to commit gang-robbery

113.

Section 400

Punishment for belonging to gang-robbers

114.

Section 402

Assembling for purpose of committing gang-robbery

115.

Section 403

Dishonest misappropriation of property

116.

Section 404

Dishonest misappropriation of property possessed by a deceased person at the time of his death

117.

Section 406

Punishment of criminal breach of trust

118.

Section 407

Criminal breach of trust by carrier, etc.

119.

Section 408

Criminal breach of trust by clerk or servant

120.

Section 409

Criminal breach of trust by public servant, or by banker, merchant or agent

121.

Section 411

Dishonestly receiving stolen property

122.

Section 412

Dishonestly receiving property stolen in the commission of a gang-robbery

123.

Section 413

Habitually dealing in stolen property

124.

Section 414

Assisting in concealment of stolen property

125.

Section 418

Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect

126.

Section 419

Punishment for cheating by personation

127

Section 420

Cheating and dishonestly inducing a delivery of property

128.

Section 421

Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors

129.

Section 422

Dishonestly or fraudulently preventing a debt or demand due to the offender from being made available for his creditors

130.

Section 423

Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration

131.

Section 424

Dishonest or fraudulent removal or concealment of property or release of claim

132.

Section 430A

Mischief affecting railway engine, train, etc.

133.

Section 431

Mischief by injury to public road, bridge or river

134.

Section 431A

Mischief by injury to telegraph cable, wire, etc.

135.

Section 432

Mischief by causing inundation or obstruction to public drainage, attended with damage

136.

Section 433

Mischief by destroying or moving or rendering less useful a lighthouse or sea-mark

137.

Section 435

Mischief by fire or explosive substance with intent to cause damage to amount of $50

138.

Section 436

Mischief by fire or explosive substance with intent to destroy a house, etc.

139.

Section 438

Punishment for the mischief described in section 437 when committed by fire or any explosive substance

140.

Section 439

Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

141.

Section 440

Mischief committed after preparation made for causing death or hurt

142.

Section 449

House-trespass in order to commit an offence punishable with death

143.

Section 450

House-trespass in order to commit an offence punishable with imprisonment for life

144.

Section 451

House-trespass in order to commit an offence punishable with imprisonment

145.

Section 452

House-trespass after preparation made for causing hurt, etc.

146.

Section 453

Punishment for lurking house-trespass or house-breaking

147.

Section 454

Lurking house-trespass or house -breaking in order to commit an offence punishable with imprisonment

148.

Section 455

Lurking house-trespass or house-breaking after preparation made for causing hurt, etc.

149.

Section 456

Punishment for lurking house-trespass by night or house-breaking by night

150.

Section 457

Lurking house-trespass by night or house-breaking by night in order to commit an offence punishable with imprisonment

151.

Section 458

Lurking house-trespass or house -breaking by night after preparation made for causing hurt, etc.

152.

Section 459

Grievous hurt caused while committing lurking house-trespass or house-breaking

153.

Section 460

Lurking house-trespass by night or house-breaking by night when death or grievous hurt is caused

154.

Section 465

Punishment for forgery

155.

Section 466

Forgery of record of a court of justice, or a public register of births, etc.

156.

Section 467

Forgery of a valuable security or will

157.

Section 468

Forgery for the purpose of cheating

158.

Section 469

Forgery for the purpose of harming the reputation of any person

159.

Section 471

Using as genuine a forged document

160.

Section 472

Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467

161.

Section 473

Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise

162.

Section 474

Having possession of a valuable security or will known to be forged, with intent to use it as genuine

163.

Section 475

Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

164.

Section 476

Counterfeiting a device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

165.

Section 489A

Forging or counterfeiting currency notes or bank notes

166

Section 489B

Using as genuine forged or counterfeit currency notes or bank notes

167.

Section 489C

Possession of forged or counterfeit currency notes or bank notes

Prevention of Corruption Act (Cap 241)

168.

Section 5

Punishment for corrupt transactions where no agents involved

169.

Section 6

Punishment for corrupt transactions involving agents or use of false documents to mislead principal

170.

Section 10

Bribery in relation to Government contracts

171.

Section 11

Bribery of Member of Parliament

172.

Section 12

Bribery of member of public body

173.

Section 29

Abetment of offences

174.

Section 30

Attempts

175.

Section 31

Conspiracy

Termination of Pregnancy Act (Cap 324)

176.

Section 3(4)

Medical termination of pregnancy

177.

Section 5

Coercion or intimidation

Vandalism Act (Cap 341)

178.

Section 3

Penalty for acts of vandalism

Women’s Charter (Cap 353)

179.

Section 140

Offences relating to prostitution

180.

Section 141

Trafficking in women and girls

181.

Section 142

Importation of woman or girl by false pretences

182.

Section 145

Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl below the age of 16

* Note: The short description of offences in this Schedule is for ease of reference only.

”.

Related amendments

31. The provisions of the Acts specified in the first column of the Schedule are amended in the manner set out in the second column thereof.

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