Singapore legislation
Section 93
Section 93
Power of person primarily liable to exempt himself from liability
(1)
Where a person is charged with an offence under this Act, he shall be entitled, upon a charge duly made by him and on giving to the prosecution not less than 3 days’ notice in writing of his intention, to have any other person whom he charges as the actual offender (whether or not that person is his agent or employee) brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the first-mentioned person proves to the satisfaction of the court —
that he has used all due diligence to enforce the execution of this Act and of any relevant regulations, rules or orders made thereunder; and
that the said other person had committed the offence in question without his consent, connivance or wilful default,that other person shall be convicted of the offence and the first-mentioned person shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings.
(2)
The prosecution shall have the right in any such case to cross-examine the first-mentioned person if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence.
(3)
When it is made to appear to the satisfaction of an inspector at the time of discovering an offence —
that the person who would be proceeded against apart from this subsection has used all due diligence to enforce the execution of this Act and of any relevant regulations, rules or orders made thereunder;
by what person the offence has been committed; and
that it has been committed without the consent, connivance or wilful default of the first-mentioned person and in contravention of his orders,the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the first-mentioned person.
(4)
In determining for the purposes of the provisions of Part V with respect to prime movers, transmission machinery, and other machinery, whether any part of machinery is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced, no account shall be taken of any person approaching such part if it can be shown to the satisfaction of the court —
that the occupier or owner (as the case may be) of the factory has used all due diligence to enforce the execution of this Act and of any relevant regulations, rules or orders made thereunder;
that the approach was made without the consent, connivance or wilful default of the occupier or owner and in contravention of his orders; and
that the act of approaching was of such a nature as to amount to serious and wilful misconduct on the part of the person doing such act.[86