Clause 6 — Organised Crime Bill

(1)

A person in Singapore commits an offence if the person —

(a)

incites, induces or invites another person (whether within or outside Singapore); or

(b)

uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,to become a member of, or to assist in the management of, a group, knowing or having reasonable grounds to believe that the group is an organised criminal group.

(2)

A person outside Singapore commits an offence if the person —

(a)

incites, induces or invites another person (whether within or outside Singapore); or

(b)

uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,to become a member of, or to assist in the management of, a group, knowing or having reasonable grounds to believe that the group is a locally-linked organised criminal group.

(3)

Subject to subsection (4), a person who commits an offence under subsection (1) or (2) shall be liable on conviction —

(a)

in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or

(b)

in any other case, to a fine not exceeding $500,000.

(4)

Where a person (A) commits an offence under subsection (1) or (2) and it is proved that A knows or has reasonable grounds to believe that the other person referred to in that subsection was, at the time of the offence, a vulnerable person or below 21 years of age, A shall be liable on conviction —

(a)

in the case of an individual, to a fine not exceeding $350,000 or to imprisonment for a term not exceeding 7 years or to both; or

(b)

in any other case, to a fine not exceeding $700,000.

(5)

For the purposes of subsection (4), unless otherwise proven, A is presumed to know or to have reasonable grounds to believe that the other person referred to in subsection (1) or (2), as the case may be, was at the time of the offence, a vulnerable person or below 21 years of age.

(6)

In this section, “vulnerable person” means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from any disability or disorder of the mind or brain which impairs the person’s ability to make a proper judgment in relation to whether or not to become a member of, or to assist in the management of, an organised criminal group.