Singapore legislation
Clause 28
Clause 28
Notice to owner and occupier
(1)
Where a person is charged with an offence under section 5(4) for contravening section 5(1) (called in this section the offender), the Licensing Officer may serve or cause to be served a notice —
on every owner of the premises in respect of which the offence is allegedly committed; and
on every occupier of those premises,informing the owner and occupier that criminal proceedings have started against the offender for an offence under section 5(4) for contravening section 5(1) in respect of those premises.
(2)
If the owner or occupier is not known or cannot by the exercise of due diligence be found, the notice under subsection (1) may, in addition to the modes specified in section 48A of the Interpretation Act (Cap. 1), be served by affixing it on any conspicuous part of the premises.
(3)
Every owner and occupier receiving a notice under subsection (1) must immediately inform any person from whom the owner or occupier subleases or rents the premises specified in the notice of the fact of receipt and the contents of the notice if the person did not receive a notice under subsection (1).
(4)
A person who is informed under subsection (3) (called the recipient) must, in like manner, immediately inform the person from whom the recipient immediately subleases or rents the premises (as the case may be) that a notice under subsection (1) has been given in respect of those premises, and so on until the notice is brought to the knowledge of the owner, each tenant being responsible for bringing the notice to the knowledge of the tenant’s immediate lessor.
(5)
Any occupier who refuses or omits to inform the owner or the person from whom the occupier rents the premises that a notice under subsection (1) has been received shall be liable to be punished under section 225C of the Penal Code (Cap. 224).
(6)
Where it is proved that —
a notice under subsection (1) has been served on an owner or occupier of the premises from whom an offender directly rents the premises;
the offender is subsequently convicted of the offence to which the notice relates; and
the owner or occupier of the premises from whom the offender rents the premises fails to comply with section 29(1),then, in proceedings against the owner or occupier for an offence under section 5(4) for contravening section 5(3), it is presumed, until the contrary is proved, that the owner or occupier knew at the material time that the offender is carrying on the business of providing massage services in an establishment for massage without a valid licence to do so at those premises.
(7)
For the purposes of subsection (6), the material time is the expiry of the period mentioned in section 29(1).