28.—(1) Subject to subsection (3), where an unlicensed moneylender —| (a) | displays or uses any threatening, abusive or insulting words, behaviour, writing, sign or visible representation; or | | (b) | commits any act likely to cause alarm or annoyance to his borrower or surety, any member of the family of the borrower or surety, or any other person, |
| in connection with the loan to the borrower, whether or not the unlicensed moneylender does the act personally or by any person acting on his behalf, the unlicensed moneylender shall be guilty of an offence and shall be liable on conviction — |
| (i) | in the case where the offender is a body corporate, to a fine of not less than $8,000 and not more than $80,000; and | | (ii) | in any other case —| (A) | to a fine of not less than $4,000 and not more than $40,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (B) | in the case of a second or subsequent offence, to a fine of not less than $4,000 and not more than $40,000 and shall also be punished with imprisonment for a term not exceeding 6 years. |
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(2) Subject to subsection (3), any person who, acting on behalf of an unlicensed moneylender, commits or attempts to commit any of the acts specified in subsection (1) shall be guilty of an offence and —| (a) | in the case of a first offence, shall be liable on conviction to a fine of not less than $4,000 and not more than $40,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (b) | in the case of a second or subsequent offence, shall be liable on conviction to a fine of not less than $4,000 and not more than $40,000 and shall also be punished with imprisonment for a term not exceeding 6 years. |
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(3) Subject to section 231 of the Criminal Procedure Code (Cap. 68) —| (a) | a person who is convicted for the first time of an offence under subsection (1) or (2) shall also be liable to be punished with caning —| (i) | with not more than 4 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, damage was caused to any property; | | (ii) | with not more than 6 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person; and | | (iii) | with not more than 9 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person and damage was caused to any property; and |
| | (b) | a person who is convicted of a second or subsequent offence under subsection (1) or (2) shall also be punished with caning —| (i) | with not more than 6 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, damage was caused to any property; | | (ii) | with not less than 3 and not more than 12 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person; and | | (iii) | with not less than 4 and not more than 18 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person and damage was caused to any property. |
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| (4) For the purposes of subsection (2), any person who does any of the acts specified in subsection (1) in connection with a demand for the repayment of a loan to an unlicensed moneylender shall be presumed, until the contrary is proved, to act on behalf of such unlicensed moneylender. |
(5) For the purposes of subsection (3), a person is deemed to have caused damage to any property if he does any of the following acts:| (a) | defacing the property by means of any pen, marker or any other delible or indelible substance; | | (b) | defacing the property by affixing, posting up or displaying on such property any poster, placard, bill, notice, paper or other document; | | (c) | defacing the property through the use of paint, coffee, soya sauce or any other delible or indelible substance; | | (d) | destroying or damaging the property through the use of fire or any other substance; | | (e) | doing any other act of mischief which causes a change in any property or which diminishes its value or utility. |
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