Clause 6

Any person who obstructs, hinders or impedes any enforcement officer or assisting officer within the meaning of Part VIA or any other person acting under the direction of the Authority in the performance or execution of his duty or anything which he is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(2) Any person who alters, suppresses, conceals or destroys any document which he is or is liable to be required, by or under this Act, to produce to an enforcement officer or assisting officer within the meaning of Part VIA shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(3) Every police officer, officer of customs or immigration officer, and every enforcement officer and assisting officer within the meaning of Part VIA when exercising any powers under that Part or other provisions of this Act shall —

if not in uniform, declare his office; and

on demand, produce to any person affected by the exercise of those powers such identification card as the Commissioner of Police, the Director-General of Customs, the Comptroller of Immigration or the Chief Executive, respectively, may direct to be carried by the police officer, officer of customs, immigration officer, enforcement officer and assisting officer.(4) It shall not be an offence for any person to refuse to comply with any request, demand or order made or given by —

any police officer, officer of customs or immigration officer not in uniform who fails to declare his office and refuses to produce his identification card on demand being made by that person; or

any enforcement officer and assisting officer within the meaning of Part VIA who fails to declare his office and refuses to produce his identification card on demand being made by that person.Offences by bodies corporate, etc.34B.—

Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —

any director, manager, secretary or other similar officer of the body corporate; or

any person who was purporting to act in any such capacity,he, as well as the body corporate, shall be guilty of that 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 committed by a partnership is proved —

to have been committed with the consent or connivance of any partner of the partnership; or

to be attributable to any neglect on the part of any partner of the partnership,he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly; and a fine imposed on a partnership in such proceedings shall be paid out of the partnership assets.(4) Where an offence committed by an unincorporated association (other than a partnership) is proved —

to have been committed with the consent or connivance of any officer of the unincorporated association or any member of its governing body, as the case may be; or

to be attributable to any neglect on the part of any such officer or member,he, as well as the unincorporated association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.(5) In this section —“body corporate” includes a limited liability partnership which has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);“offence” means an offence under this Act or any regulations made thereunder;“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) The Minister may make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.Composition of offences34C.—

The Chief Executive or any officer of the Authority duly authorised by the Chief Executive to do so may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —

one half of the amount of the maximum fine that is prescribed for the offence; or

$5,000,whichever is the lower.(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.(3) All sums collected under this section shall be paid to the Authority.Jurisdiction of court34D. 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.Service of documents, etc.34E.—

Subject to subsection (3), any document required or authorised to be served under this Act may be served —

in the case of an individual —

by delivering it to the individual personally;

by leaving it with an adult person apparently resident at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual;

by leaving it with an adult person apparently employed at, or by sending it by pre-paid registered post to, the usual or last known address of the place of business of the individual;

by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual;

by sending it by facsimile transmission to the fax transmission number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Authority or an authorised officer by the individual as the facsimile transmission number for the service of documents on the individual; or

by electronic communication, by sending an electronic communication of the document to the last email address given to the Authority or an authorised officer by the individual as the email address for the service of documents on the individual;

in the case of a partnership other than a limited liability partnership —

by delivering it to any one of the partners or the secretary or other like officer of the partnership;

by leaving it at, or by sending it by pre-paid registered post to, the principal or last known place of business of the partnership in Singapore;

by sending it by facsimile transmission to the fax transmission number operated at the principal or last known place of business of the partnership in Singapore; or

by electronic communication, by sending an electronic communication of the document to the last email address given to the Authority or an authorised officer by the partnership as the email address for the service of documents on the partnership; and

in the case of any limited liability partnership or any other body corporate —

by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;

by leaving it at, or by sending it by pre-paid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore;

by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or

by electronic communication, by sending an electronic communication of the document to the last email address given to the Authority or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate.(2) Where any notice or other document required or authorised to be served under this Act is —

sent by a facsimile transmission to the fax transmission number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be;

sent by electronic communication to an email address in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and

sent by pre-paid registered post, it shall be deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.(3) Service of any document under this Act on a person by electronic communication may be effected only if the person gives as part of his or its address for service an email address.(4) This section shall not apply to notices and documents to be served in proceedings in court.”.