Singapore legislation
Clause 25
of Drug Trafficking (Confiscation of Benefits) (Amendment) Bill
Clause 25
New sections 43A and 43B
The principal Act is amended by inserting, immediately after section 43, the following sections:“Concealing or transferring benefits of criminal conduct43A.—
Any person who —
conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, his benefits from criminal conduct; or
converts or transfers that property or removes it from the jurisdiction,shall be guilty of an offence.(2) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct —
conceals or disguises that property; or
converts or transfers that property or removes it from the jurisdiction,for the purpose of assisting any person to avoid prosecution for a serious offence or a foreign serious offence or the making or enforcement of a confiscation order shall be guilty of an offence.(3) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct, acquires that property for no or inadequate consideration, shall be guilty of an offence.(4) In subsections (1)(a) and (2)(a), references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.(5) For the purposes of subsection (3), consideration given for any property is inadequate if its value is significantly less than the market value of that property, and there shall not be treated as consideration the provision for any person of services or goods which are of assistance to him in criminal conduct.(6) Any person who commits an offence under this section shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 7 years or to both.Tipping-off43B.—
Any person who —
knows or has reasonable grounds to suspect that an authorised officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act or any subsidiary legislation made thereunder; and
discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both.(2) Any person who —
knows or has reasonable grounds to suspect that a disclosure has been made to an authorised officer under this Act (referred to in this section as the disclosure); and
discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both.(3) Nothing in subsection (1) or (2) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter —
to, or to a representative of, a client of his in connection with the giving of advice to the client in the course of and for the purpose of the professional employment, of the advocate and solicitor; or
to any person —
in contemplation of, or in connection with, legal proceedings; and
for the purpose of those proceedings.(4) Subsection (3) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.(5) In proceedings against a person for an offence under subsection (1) or (2), it is a defence to prove that he did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way mentioned in subsection (1) or (2).(6) No authorised officer or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other written law relating to drug trafficking or a serious offence.”.