Singapore legislation

Clause 7

of Banking (Amendment) Bill

Clause 7

New section 46A

The Banking Act is amended by inserting, immediately after section 46, the following section:“Confidentiality of inspection and investigation reports46A.—

(1)

Any director, officer or employee of a bank and any person who by reason of his capacity or office has by any means access to a report produced by the Authority or a foreign supervisory authority upon inspection or special investigation of a bank under section 44, 45 or 45A shall not while holding that office, being employed in or having a professional relationship with the bank, as the case may be, or after the termination thereof, communicate the report or any part thereof to any person other than a director, an officer or an employee of the bank except with the prior written permission of the Authority.(2) The Authority may grant its permission under subsection (1) subject to such conditions as may be determined by the Authority.(3) If any person receives the report or any part thereof knowing or having reasonable ground to believe, at the time when he receives it, that the report or part thereof is communicated to him in contravention of this section, he shall be guilty of an offence unless he proves that the report or part thereof, as the case may be, was communicated to him contrary to his desire and, where the communication was effected in any written form, he has returned or has taken reasonable steps to return the report or part thereof, as the case may be, to the Authority.(4) In this section, “professional relationship” includes a relationship between a bank and its solicitors or auditors, and such other relationship with a bank as the Authority may determine.(5) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.”.