Singapore legislation
Clause 15
Clause 15
New sections 25A, 25B and 25C
The principal Act is amended by inserting, immediately after section 25, the following sections:“Penalty for operation of service without licence25A. Any person who contravenes section 12(1), 16(1) or 19(1) shall be guilty of an offence and —
in the case of an offence under section 12(1), shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction; and
in the case of an offence under section 16(1) or 19(1), shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.Offences by bodies corporate, etc.25B.—
Where an offence under this Act committed by a body corporate is proved —
to have been committed with the consent or connivance of an officer; or
to be attributable to any neglect on his part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved —
to have been committed with the consent or connivance of a partner; or
to be attributable to any neglect on his part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
to be attributable to any neglect on the part of such an officer or member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(5) In this section —“body corporate” includes a limited liability partnership;“officer” —
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;“partner” includes a person purporting to act as a partner.(6) Regulations may provide for the application of any provision of this section, with such modifications as the Council considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.Jurisdiction of court25C. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.”.