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Prevention of Corruption (Amendment) Bill

Bill No. 5/1966

Read the first time on 23rd February 1966.

An Act to amend the Prevention of Corruption Ordinance, 1960 (No. 39 of 1960).

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

Short title

1. This Act may be cited as the Prevention of Corruption (Amendment) Act, 1966.

Amendment of section 2

2. Section 2 of the Prevention of Corruption Ordinance, 1960 (hereinafter in this Act referred to as “the Ordinance”) is hereby amended —

(a)	by deleting the words “under the Crown or” in the third line of the definition of “agent” appearing therein; and
(b)	by deleting the words “under the Crown or the Government or a public body includes the Crown or” in the sixth, seventh and eighth lines of the definition of “principal” appearing therein and substituting therefor the words “the Government or a public body includes”.

Amendment of section 3

3. Section 3 of the Ordinance is hereby amended —

(a)

by deleting the words “Yang di-Pertuan Negara” appearing in the first line of subsection (1) thereof and substituting therefor the word “President”; and

(b)

by deleting subsection (2) thereof and substituting therefor the following: —

“(2) The President may appoint Assistant Directors, senior special investigators, special investigators and such other officers of the Corrupt Practices Investigation Bureau as he may think fit.”.

Amendment of section 4

4. Section 4 of the Ordinance is hereby amended —

(a)	by deleting subsection (1) thereof;
(b)	by renumbering the existing subsection (2) as subsection (1) and by deleting the word “All” appearing in the first line of that subsection and substituting therefor the expression “The Director, Assistant Directors,”; and
(c)	by renumbering the existing subsection (3) thereof as subsection (2) and by deleting the words “senior special investigators and special investigators” appearing in the first and second lines of that subsection and substituting therefor the words “officers of the Corrupt Practices Investigation Bureau”.

Repeal and re-enactment of section 5

5. Section 5 of the Ordinance is hereby repealed and the following substituted therefor: —

“Punishment of corruption

5. Any person who shall by himself or by or in conjunction with any other person —

(a)

corruptly solicit or receive, or agree to receive for himself, or for any other person; or

(b)

corruptly give, promise or offer to any person whether for the benefit of that person or of another person, any gratification as an inducement to or reward for, or otherwise on account of —

(i)	any person doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed; or
(ii)	any member, officer or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such public body is concerned,

shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine.”.

Amendment of section 7

6. Section 7 of the Ordinance is hereby amended by deleting the expression “with Her Majesty or with any department of Her Majesty’s Government in the United Kingdom functioning in Singapore or” appearing in the fourth, fifth and sixth lines thereof.

Amendment of section 8

7. Section 8 of the Ordinance is hereby amended —

(a)	by deleting the expression “of Her Majesty or of any department of Her Majesty’s Government in the United Kingdom functioning in Singapore or” appearing in the fourth, fifth and sixth lines thereof; and
(b)	by deleting the expression “Her Majesty or any department of Her Majesty’s Government in the United Kingdom functioning in Singapore or” appearing in the ninth, tenth and eleventh lines thereof.

Amendment of section 11

8. Section 11 of the Ordinance is hereby amended —

(a)	by deleting the words “the Legislative Assembly” wherever they appear therein and substituting therefor the word “Parliament”; and
(b)	by deleting the words “Legislative Assembly” appearing in the marginal note thereto and substituting therefor the word “Parliament”.

Amendment of section 12

9. Paragraph (b) of section 12 is hereby amended by deleting the expression “such member as is referred to in paragraph (a) of this section” appearing in the first and second lines thereof and substituting therefor the words “a member of a public body”.

Amendment of section 15

10. Section 15 of the Ordinance is hereby amended —

(a)	by deleting the words “Any senior special investigator and” appearing in the first line of subsection (1) thereof and substituting therefor the expression “The Director, any Assistant Director, any senior special investigator or”;
(b)	by deleting the word “Any” appearing in the first line of subsection (2) thereof and substituting therefor the expression “The Director, any Assistant Director, any”;
(c)	by deleting the expression “, together with any such articles found upon him,” appearing in the first and second lines of subsection (3) thereof; and
(d)	by deleting the words “to be handed over to a police officer” appearing in the third line of subsection (3) thereof.

Repeal and re-enactment of section 16

11. Section 16 of the Ordinance is hereby repealed and the following substituted therefor: —

“Powers of investigation

16. In any case relating to the commission —

(a)	of an offence under section 165 or under sections 213 to 215 of the Penal Code (Cap. 119), or of any conspiracy to commit, or of any attempt to commit, or of any abetment of such offence; or
(b)	of an offence under this Ordinance; or
(c)	of any seizable offence under any written law which may be disclosed in the course of an investigation under this Ordinance,

the Director, an Assistant Director, a senior special investigator or a special investigator may, without the order of the Public Prosecutor, exercise all or any of the special powers in relation to police investigations into a seizable offence given by the Criminal Procedure Code (Cap. 132):

Provided that an investigation into an offence under the Penal Code shall be deemed to be a police investigation to which the provisions of section 121 of the Criminal Procedure Code shall apply in the same manner and to the same extent as if the Director, the Assistant Director, the senior special investigator or the special investigator concerned were a police officer.”.

Repeal of sections 16A and 16B

12. Sections 16A and 16B of the Ordinance are hereby repealed.

Amendment of section 17

13. Section 17 of the Ordinance is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Notwithstanding anything in any other law contained, the Public Prosecutor, if satisfied that there are reasonable grounds for suspecting that an offence under this Ordinance has been committed, may, by order, authorise the Director or an Assistant Director or any police officer of or above the rank of Assistant Superintendent named in such order or any senior special investigator so named to make an investigation in the matter in such manner or mode as may be specified in such order. Such order may authorise the investigation of any bank account, share account, purchase account, expense account or any other account, or any safe deposit box in any bank, and shall be sufficient authority for the disclosure or production by any person of all or any information or accounts or documents or articles as may be required by the officer so authorised.”; and

(b)

by deleting the words “to a police officer” appearing in the first and second lines of subsection (2) thereof and substituting therefor the words “or to produce such accounts or documents or articles to the person”.

New section 17A

14. The Ordinance is hereby amended by inserting immediately after section 17 thereof the following new section: —

“Special powers of investigation in non-seizable offences

17A. The Public Prosecutor may by order authorise the Director or an Assistant Director or a senior special investigator to exercise, in the the case of any non-seizable offence, all or any of the special powers in relation to police investigations contained in Chapter XIII of the Criminal Procedure Code (Cap. 132).”.

Amendment of section 18

15. Subsection (1) of section 18 of the Ordinance is hereby amended —

(a)	by deleting the words “of Her Majesty or” appearing in the sixth line thereof;
(b)	by inserting immediately after the word “Director” appearing in the eleventh line thereof the words “or any Assistant Director”; and
(c)	by inserting immediately after the word “Director” appearing in the fourteenth line thereof the words “or Assistant Director”.

Amendment of section 20

16. Section 20 of the Ordinance is hereby amended —

(a)	by inserting immediately after the word “any” appearing in the ninth line of subsection (1) thereof the expression “Assistant Director,”;
(b)	by inserting immediately after the word “such” appearing in the tenth line of subsection (1) thereof the words “Assistant Director or”;
(c)	by inserting immediately after the word “to” appearing in the first line of subsection (2) thereof the expression “the Director, or any Assistant Director or”; and
(d)	by deleting the word “such” appearing in the ninth line of subsection (2) thereof and substituting therefor the expression “the Director, or such Assistant Director,”.

Amendment of section 24

17. Section 24 of the Ordinance is hereby amended —

(a)	by deleting the word “any” appearing in the first line of paragraph (a) thereof and substituting therefor the expression “the Director, any Assistant Director,”; and
(b)	by inserting immediately after the word “of” appearing in the first line of paragraph (c) thereof the expression “the Director, an Assistant Director,”.

Amendment of section 25

18. Section 25 of the Ordinance is hereby amended —

(a)	by inserting immediately after the word “by” appearing in the first line thereof the expression “the Director, an Assistant Director,”; and
(b)	by deleting the word “such” appearing in the third line thereof and substituting therefor the expression “the Director’s, such Assistant Director’s,”.

Amendment of section 26

19. Section 26 of the Ordinance is hereby amended by deleting the words “be punishable accordingly” appearing in the tenth and eleventh lines thereof and substituting therefor the words “shall be liable on conviction to be punished with the punishment provided for such offence”.

New sections 26A and 26B

20. The Ordinance is hereby amended by inserting immediately after section 26 thereof the following new sections: —

“Attempts

26A. Whoever attempts to commit an offence punishable under this Ordinance shall be deemed to have committed the offence and shall be liable on conviction to be punished with the punishment provided for such offence.

Conspiracy

26B. Whoever is a party to a criminal conspiracy, within the meaning of the Penal Code (Cap. 119), to commit an offence under this Ordinance shall be deemed to have committed the offence and shall be liable on conviction to be punished with the punishment provided for such offence.”.

New section 31A

21. The Ordinance is hereby amended by inserting immediately after section 31 thereof the following new section: —

“Liability of citizens of Singapore for offences committed outside Singapore

31A.—(1) The provisions of this Ordinance shall, in relation to citizens of Singapore, have effect outside as well as within Singapore; and where an offence under this Ordinance is committed by a citizen of Singapore in any place outside Singapore, he may be dealt with in respect of such offence as if it had been committed within Singapore:

Provided that any proceedings against any person under this section which would be a bar to subsequent proceedings against such person for the same offence, if such offence had been committed in Singapore, shall be a bar to further proceedings against him, under any written law for the time being in force relating to the extradition of persons, in respect of the same offence outside Singapore.”.