Singapore legislation
Clause 236
Clause 236
Civil liability in event of conviction, etc.
(1)
Notwithstanding section 234, where the contravening person —
has been convicted of an offence under this Part; or
has an order for the payment of a civil penalty made against him under section 232, other than a consent order made with or without admission of contravention under section 232(4),in respect of the contravention of any of the provisions in this Part which resulted in his gaining a profit or avoiding a loss, the court which convicted him or made the order against him (referred to in this section as the relevant court) may, after the conviction or the order imposing the civil penalty has been made final, fix a date on or before which all claimants have to file and prove their claims for compensation in respect of that contravention.
(2)
For the purposes of subsection (1), the relevant court shall not fix a date that is earlier than 3 months from the date the conviction or the order imposing the civil penalty, as the case may be, has been made final.
(3)
The relevant court may, after the expiry of the date fixed under subsection (1), make an order against the contravening person to pay to each claimant who has filed and proven his claim for compensation an amount —
equal to the amount of compensation which that claimant has proven to the satisfaction of the court that he would have been entitled to if he had brought an action under section 234 against the contravening person himself; or
equal to the pro-rated portion of the maximum recoverable amount, calculated according to the relationship which the amount referred to in paragraph (a) bears to all amounts proved to the court,whichever is the lesser.
(4)
For the purposes of this section, a conviction is made final if —
the conviction is upheld on appeal, revision or otherwise;
the conviction is not subject to further appeal;
no notice of appeal against the conviction is lodged within the time prescribed by section 247 of the Criminal Procedure Code (Cap. 68); or
any appeal against the conviction is withdrawn.
(5)
For the purposes of this section, an order imposing a civil penalty is made final if —
the order is not set aside on appeal or revision or is varied only as to the amount of the civil penalty to be imposed;
the order is not subject to further appeal;
no notice of appeal against the imposition of the penalty is lodged within the time prescribed by Rules of Court (Cap. 322, R 5) made under section 238; or
any appeal against the imposition of the penalty is withdrawn.
(6)
For the purposes of this section, “maximum recoverable amount” has the same meaning given to that expression in section 234(6).