Singapore legislation

Section 51

of States of Malaya Customs Duties Collection Act 1958

Section 51

Offences by bodies of persons and by employees or agents

(1)

Where an offence under this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to all the circumstances.

(2)

Where any person would be liable under this Act to any punishment, penalty or forfeiture for any act, omission, neglect or default, he shall be liable to the same punishment, penalty or forfeiture for every such act, omission, neglect or default of any clerk, employee or agent, or of the clerk or employee of such agent where such act, omission, neglect or default was committed by that clerk or employee in the course of his employment or by that agent when acting on behalf of that person or by the clerk or employee of that agent when acting in the course of his employment in such circumstances that had the act, omission, neglect or default been committed by the agent his principal would have been liable under this section.

Section 51 — States of Malaya Customs Duties Collection Act 1958