17. The principal Act is amended by inserting, immediately after section 88C, the following sections:“Offences by bodies corporate, etc. |
88D.—(1) Where an offence under this Part or the rules made thereunder committed by a body corporate is proved —(a) | to have been committed with the consent or connivance of an officer; or | (b) | to be attributable to any neglect on his part, |
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. |
(3) Where an offence under this Part or the rules made thereunder committed by a partnership is proved —(a) | to have been committed with the consent or connivance of a partner; or | (b) | to be attributable to any neglect on his part, |
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(4) Where an offence under this Part or the rules made thereunder committed by an unincorporated association (other than a partnership) is proved —(a) | to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or | (b) | to be attributable to any neglect on the part of such officer or member, |
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(5) In this section —“body corporate” includes a limited liability partnership which has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A); |
“officer” —(a) | in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or | (b) | in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; |
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“partner” includes any person purporting to act as a partner. |
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(6) The Majlis may, with the approval of the Minister, make rules to provide for the application of any provision of this section, with such modifications as may be appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. |
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88E.—(1) The Majlis may, in its discretion, compound any offence under this Part or the rules made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —(a) | one half of the amount of the maximum fine that is prescribed for the offence; or | (b) | $2,000, |
(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence. |
(3) The Majlis may, with the approval of the Minister, make rules to prescribe the offences which may be compounded. |
(4) All sums collected under this section shall be paid to the Majlis.”. |
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