Singapore legislation

Clause 101

of Business Trusts Bill

Clause 101

Power of court to make certain orders

(1)

Where —

(a)

on the application of the Authority, it appears to the court that a person has committed an offence under this Act or has contravened any condition or restriction imposed on him under this Act or the listing rules of a securities exchange; or

(b)

on the application of a securities exchange, it appears to the court that a person has contravened the listing rules of the securities exchange,the court may, without prejudice to any orders it would be entitled to make otherwise than under this section, make one or more of the following orders:

(i)

in the case of a persistent or continuing breach of this Act, any condition or restriction imposed under this Act or the listing rules of a securities exchange, an order directing a person to do or refrain from doing a specified act, including, but not limited to, directing the trustee-manager of a registered business trust to resign as the trustee-manager;

(ii)

any ancillary order deemed to be desirable in consequence of the making of any of these orders;

(iii)

an order for the reimbursement of costs of the application out of the trust property of a registered business trust to the person who made the application under this subsection.

(2)

The court may, before making an order under subsection (1), direct that notice of the application be given to such person as it thinks fit or that notice of the application be published in such manner as it thinks fit, or both.

(3)

Any person who, without reasonable excuse, contravenes an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.

(4)

Subsection (3) shall not affect the powers of the court in relation to the punishment for contempt of court.

(5)

The court may, on the application of an affected person or of its own motion, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.