Statistics Bill

Bill No. 39/1973

Read the first time on 11th July 1973.
An Act to amend and consolidate the law relating to satistics and to repeal the Statistics Act (Chapter 299 of the 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.  This Act may be cited as the Statistics Act, 1973, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
2.  In this Act, unless the context otherwise requires —
“Minister” means the Minister for Finance;
“requisition” means a requisition issued under section 4.
Statistics Department and Statistics Units
3.—(1)  This Act shall apply to the Statistics Department and such other Research and Statistics Units as the Minister may, by notification in the Gazette, specify for the purpose of the collection, preparation and publication of statistics relating to any of the subjects specified in the First Schedule.
(2)  The Statistics Department shall be under the control and management of a Chief Statistician and of such other officers as the Minister may appoint.
(3)  A Research and Statistics Unit shall be under the control and management of a Director and of such other officers as the appropriate Minister responsible for the Unit may appoint.
Power of Chief Statistician, Director of Research and Statistics Unit and other competent authorities to issue requisition for information
4.—(1)  For the purpose of obtaining statistical information, it shall be lawful for the Chief Statistician, the Director of a Research and Statistics Unit and any other competent authority specified in the Second Schedule, to issue a requisition to any person to furnish particulars and supply information to him relating to any matter to which this Act applies, and every such person is bound to furnish particulars and supply information to the best of his knowledge and belief.
(2)  A requisition shall be in writing and shall be served upon the person to whom it is addressed in the manner specified in section 9 and shall specify the particulars of information required.
(3)  A requisition may —
(a)specify the form in which and the time within which the particulars and information are to be furnished;
(b)require the particulars and information to be furnished periodically at or within such time or times and in such form or forms as are specified in the requisition; and
(c)specify the place or manner at or in which the particulars and information are to be delivered.
(4)  No person is bound to furnish any particulars or information other than those which are accessible to him in or derived by him from any business, occupation or work in the conduct or supervision of which he is engaged.
Disclosure of information
5.—(1)  No particulars or information or any part thereof relating to any individual person obtained under the provisions of this Act shall, without the previous consent in writing of that person, be disclosed except —
(a)compiled statistics on the operation of an industry may be published irrespective of the number of persons engaged in that industry unless the industry is exempted by the Minister responsible for the Government department or ministry in possession of such particulars from having its data published;
(b)where the disclosure can be made without identifying the individual person and an appropriate time, in the opinion of the Minister responsible for the Government department or ministry in possession of such particulars, has elapsed;
(c)for the purposes of any proceedings for an offence under this Act or any report of those proceedings; or
(d)information of a general nature including products manufactured or handled, size of establishment, number of employees and addresses, which could be obtained from other sources.
(2)  It is the duty of the Minister responsible for the Government department or ministry issuing any requisition under this Act to have due regard to the circumstances of various trades and industries and in particular to the importance of avoiding the disclosure in any return of any trade secret or of trading profits or of any other information the disclosure of which would be likely to tend to the prejudice of the person furnishing the return.
(3)  If any information to be obtained under this Act is also obtainable under any other written law which restricts the disclosure of information obtained thereunder, and the Minister is of the opinion that similar restrictions should be applied to any information to be obtained under this Act, the Minister shall by order provide for the application, without modifications or with such adaptations or modifications as he thinks fit, of those restrictions to the information to be so obtained, or any part thereof, in addition to the restrictions imposed by this section.
(4)  Without prejudice to the provisions of subsection (3) if it appears to the Minister that the nature of the information to be obtained under this Act would make it desirable to impose restrictions on the disclosure of the information additional to the restrictions imposed by this section, the Minister may by order prohibit the disclosure of such information, or any part thereof, except to such persons or for such purposes as may be specified in the order.
(5)  The compilation of any report, summary or other communication to the public of information obtained under this Act shall be so arranged as to prevent any particulars published therein from being identified as being particulars relating to any individual person except with the previous consent in writing of that person.
(6)  If any person discloses any returns or any information contrary to the provisions of this section, or of any order made thereunder, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
Impersonation of a statistical officer
6.—(1)  Any person who impersonates a statistical officer shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months.
(2)  In this section, statistical officer means —
(a)an officer of the Statistics Department;
(b)an officer of a Research and Statistics Unit; or
(c)a competent authority or an officer under such authority.
Penalties
7.—(1)  Any person who —
(a)wilfully refuses or without lawful excuse (the proof of which lies on him) neglects to furnish the particulars or information required within the time allowed for furnishing them or to furnish them in the form specified or prescribed, or to authenticate them in the prescribed manner, or to deliver them at the place or in the manner specified or prescribed for the delivery thereof; or
(b)wilfully furnishes or causes to be furnished any false particulars or information in respect of any matter specified in the requisition requiring particulars or information to be furnished; or
(c)refuses to answer, or wilfully gives a false answer to, any question necessary for obtaining any information or particulars required to be furnished under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars, and in the case of a continuing offence to a further fine not exceeding one hundred dollars for each day during which the offence is continued after conviction.
(2)  A certificate under the hand of the Chief Statistician, the Director of a Research and Statistics Unit or a competent authority stating that such returns have not been furnished or are incorrect shall be prima facie evidence of the facts stated in such certificate.
Compounding of offences
8.  The Chief Statistician, the Director of a Research and Statistics Unit or a competent authority may compound any of the offences under section 7 by accepting from any person reasonably suspected of committing such offence a sum of money not exceeding two hundred dollars.
Service of requisition
9.  Subject to any rules made under section 10 requisitions may be served as follows: —
(a)if the person on whom service is to be effected is within Singapore, the requisition may be delivered to him or left with some adult member of his family residing with him;
(b)if the person on whom service is to be effected has an agent within Singapore, the requisition may be delivered to the agent;
(c)by registered post addressed to the person on whom service is to be effected at his place of residence;
(d)where service is to be effected on a firm, the requisition may be served —
(i)upon any one or more of the partners; or
(ii)at the principal place of business of the firm upon any person having at the time of service the control or management of the firm’s business;
(e)where service is to be effected on a company or corporation, the requisition may be —
(i)left at the registered office of the company or corporation;
(ii)delivered to any director, manager or the secretary of the company or corporation or to any person having, on behalf of the company or corporation, powers of control or management over the business, occupation, work or matter to which the requisition relates; or
(iii)sent by registered post addressed to the company or corporation at its registered office.
Rules and orders
10.—(1)  The Minister may make rules —
(a)for regulating the method of collecting statistics, the staff to be employed in connection therewith, the duties to be performed and the publication to be issued;
(b)for prescribing the forms in which and the times, places and manner at and in which particulars or information shall be furnished, and the manner in which they shall be authenticated, and any other thing which under this Act is to be prescribed;
(c)for exempting from the obligation to furnish particulars or information under this Act, either wholly or partly and either unconditionally or subject to such conditions as may be prescribed; and
(d)generally for carrying out the purposes and provisions of this Act.
(2)  All Rules made under this section and all orders made under section 5 shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.
Amendment of Schedules
11.  The Minister may, by notification in the Gazette, amend the First and Second Schedules.
Repeal
12.—(1)  The Statistics Act (Cap. 299) is hereby repealed.
(2)  All information collected by the Department of Statistics before the coming into operation of this Act shall be subject to the same safeguards as respects disclosure as are provided by this Act as if such information was collected under this Act.