Singapore legislation
Clause 41
Clause 41
Defence to prosecution
(1)
Where a person is charged with an offence under section 38 or 39, it shall be a defence for the person to prove —
that his contravention was due to his not being aware of a fact or occurrence, the existence of which was necessary to constitute the offence; and
that —
he was not so aware on the date of the summons; or
he became so aware before the date of the summons and complied with the relevant section within 14 days after becoming so aware.
(2)
For the purposes of subsection (1), a person shall, in the absence of proof to the contrary, be conclusively presumed to have been aware of a fact or occurrence at a particular time which an employee or agent of the person, being an employee or agent having duties or acting in relation to his employer’s or principal’s interest or interests in the securities concerned, was aware of at that time.