Clause 2 — Organised Crime Bill

(1)

In this Act, unless the context otherwise requires —

Definition

“associate with” means —

(a)

to be in habitual company with; or

(b)

to habitually communicate with by any means (including by post, facsimile, telephone, email or any other form of electronic communication);

Definition

“conduct” means any act or omission, any series of acts or omissions, or both;

Definition

“corporation” has the same meaning as in section 4(1) of the Companies Act (Cap. 50);

Definition

“disqualification order” means a disqualification order referred to in section 39;

Definition

“document” means anything in which information of any description is recorded, whether in electronic or any other form;

Definition

“engage”, in relation to any conduct, means engage, whether directly or indirectly, in the conduct either alone or together with any other person or persons;

Definition

“FRO” means a financial reporting order referred to in section 21;

Definition

“group” means a group of 3 or more individuals (whether or not ordinarily resident in Singapore), however organised, including by forming a company or association or body of persons, corporate or unincorporate, whether or not —

(a)

the company or association or body of persons is based within or outside Singapore; or

(b)

the company or association or body of persons is part of a larger group;

Definition

“illegal purpose”, in relation to a locally-linked organised criminal group or an organised criminal group, means the purpose referred to in the definition of “locally-linked organised criminal group” or “organised criminal group”, respectively;

Definition

“law enforcement agency” means —

(a)

the Singapore Police Force;

(b)

the Central Narcotics Bureau;

(c)

the Immigration & Checkpoints Authority;

(d)

the Commercial Affairs Department; or

(e)

any similar department or office of the Government prescribed by the Minister by notification in the Gazette;

Definition

“law enforcement officer” means —

(a)

a police officer;

(b)

an officer of the Central Narcotics Bureau;

(c)

an immigration officer appointed under section 3 of the Immigration Act (Cap. 133);

(d)

a Commercial Affairs Officer appointed under section 64 of the Police Force Act (Cap. 235); or

(e)

any other public officer or class of public officers authorised in writing by the Minister for the purposes of this Act;

Definition

“locally-linked organised criminal group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of any serious offence;

Definition

“OCPO” means an organised crime prevention order referred to in section 15;

Definition

“organised criminal group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of —

(a)

any serious offence; or

(b)

any act outside Singapore that, if it occurred in Singapore, would constitute any serious offence;

Definition

“Part 2 offence” means —

(a)

any offence under section 5, 6, 7, 8, 9, 10, 11 or 12; or

(b)

an abetment of, or a conspiracy or an attempt to commit, any offence referred to in paragraph (a);

Definition

“premises” includes any land, vehicle, vessel, aircraft or hovercraft;

Definition

“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;

Definition

“serious offence” means any offence specified in the Schedule.

(2)

For the purposes of this Act, a person (A) facilitates the commission of an offence by any other person so long as A facilitates any conduct which A knows, or has reasonable grounds to believe, may amount to the offence, whether or not A knows —

(a)

the particular offence being facilitated;

(b)

the exact details of the offence being facilitated; or

(c)

that an offence was actually committed.

(3)

For the purposes of this Act, a group of persons is capable of being an organised criminal group whether or not —

(a)

any of the persons in the group are subordinates or employees of any other persons in the group;

(b)

only one or some of the persons in the group are involved in planning, organising or carrying out any serious offence in furtherance of the illegal purpose of the organised criminal group; or

(c)

the membership of the group changes from time to time.

(4)

In the following proceedings:

(a)

proceedings against any person for a Part 2 offence, or for any offence which is subject to the penalty under section 13;

(b)

any application for an OCPO or FRO, or a disqualification order, to be made against any person;

(c)

any application for an examination order to be made against any person under section 73;

(d)

any proceedings in relation to any application to be made against any person under Part 9,it is not necessary for the Public Prosecutor to prove that the person knew the identity of all or any of the persons who constitute the organised criminal group.