Singapore legislation

Clause 4

of Computer Misuse and Cybersecurity (Amendment) Bill

Clause 4

Amendment of section 11

Section 11 of the principal Act is amended —

(a)

by deleting the words “subsection (2)” in subsection (1) and substituting the words “subsection (3)”; and

(b)

by deleting subsection (3) and substituting the following subsections:“(3) For the purposes of this section, this Act applies if —

(a)

for the offence in question, the accused was in Singapore at the material time;

(b)

for the offence in question (being one under section 3, 4, 5, 6, 7 or 8), the computer, program or data was in Singapore at the material time; or

(c)

the offence causes, or creates a significant risk of, serious harm in Singapore.(4) In subsection (3)(c), “serious harm in Singapore” means —

(a)

illness, injury or death of individuals in Singapore;

(b)

a disruption of, or a serious diminution of public confidence in, the provision of any essential service within the meaning of section 15A(12) in Singapore;

(c)

a disruption of, or a serious diminution of public confidence in, the performance of any duty or function of, or the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board; or

(d)

damage to the national security, defence or foreign relations of Singapore. Example 1.— The following are examples of acts that seriously diminish or create a significant risk of seriously diminishing public confidence in the provision of an essential service: (a) publication to the public of the medical records of patients of a hospital in Singapore; (b) providing to the public access to the account numbers of customers of a bank in Singapore. Example 2.— The following are examples of acts that seriously diminish or create a significant risk of seriously diminishing public confidence in the performance of any duty or function of, or the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board: (a) providing to the public access to confidential documents belonging to a ministry of the Government; (b) publication to the public of the access codes for a computer belonging to a statutory board.(5) For the purposes of subsection (3)(c), it is immaterial whether the offence that causes the serious harm in Singapore —

(a)

causes such harm directly; or

(b)

is the only or main cause of the harm.(6) In subsection (4)(c), “statutory board” means a body corporate or unincorporate established by or under any public Act to perform or discharge a public function.”.

Clause 4 — Computer Misuse and Cybersecurity (Amendment) Bill