Singapore legislation

Clause 268

of Insolvency, Restructuring and Dissolution Bill

Clause 268

Powers of enforcement

(1)

For the purposes of investigating any offence under this Part or Parts 4 to 11, an enforcement officer may —

(a)

require any person whom the enforcement officer reasonably believes to have committed that offence to furnish evidence of the person’s identity;

(b)

require any person to furnish any information or produce any book or document, or any copy of a book or document, in the possession of that person, and may, without fee or reward, inspect, make copies of or take extracts from such book or document;

(c)

require, by order in writing, the attendance before the enforcement officer of any person within the limits of Singapore who, from any information given or otherwise obtained by the enforcement officer, appears to be acquainted with the circumstances of the case;

(d)

examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the enforcement officer may specify, and reduce into writing the answer given or statement made by that person;

(e)

take such photographs or video recordings, as the enforcement officer thinks necessary, of —

(i)

the premises in which or in connection with which the enforcement officer reasonably believes an offence has been committed; and

(ii)

the persons reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the enforcement officer may specify; and

(f)

require the owner or occupier of any premises in which or in connection with which the enforcement officer reasonably believes an offence has been committed, to give the enforcement officer access to such premises without charge for the purpose of investigating that offence.

(2)

The person mentioned in subsection (1)(d) is bound to state truly what the person knows of the facts and circumstances with which the person is acquainted, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.

(3)

A statement made by the person mentioned in subsection (2) must —

(a)

be reduced to writing;

(b)

be read over to that person;

(c)

if that person does not understand English, be interpreted in a language which that person understands; and

(d)

after correction, if necessary, be signed by that person.

(4)

An enforcement officer when exercising any power under this section must —

(a)

declare the office of the enforcement officer; and

(b)

produce to the person against whom the enforcement officer is acting, such identification card as the Minister may direct to be carried by an enforcement officer exercising powers under this section.

(5)

Any person who, without reasonable excuse —

(a)

refuses to give access to, or assaults, obstructs, hinders or delays, an enforcement officer in the discharge of the enforcement officer’s duties under this section;

(b)

wilfully mis‑states or without lawful excuse refuses to give any information or produce any book or document, or any copy of a book or document, required of that person by an enforcement officer under subsection (1); or

(c)

fails to comply with a lawful demand of an enforcement officer in the discharge by the enforcement officer of the enforcement officer’s duties under this section,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(6)

The Official Receiver may authorise either generally or specifically the Registrar of Companies, or one or more officers of the Registrar of Companies, to exercise all or any of the powers in subsection (1) for the purposes of investigating any offence under this Part or Parts 4 to 11, and for the purposes of such authorisation —

(a)

any reference to an enforcement officer in subsections (1), (4) and (5) is to be read as a reference to the Registrar of Companies, or an officer of the Registrar of Companies, so authorised; and

(b)

the reference to the Minister in subsection (4)(b) is to be read as a reference to the Chief Executive of the Accounting and Corporate Regulatory Authority appointed under section 10 of the Accounting and Corporate Regulatory Authority of Singapore Act.

(7)

In this section, “enforcement officer” means the Official Receiver or any officer of the Official Receiver authorised by the Official Receiver.

Clause 268 — Insolvency, Restructuring and Dissolution Bill