Clause 26

A person who, when the person is not an immigration officer —

wears or possesses any immigration officer uniform, or uses any immigration officer insignia —

for the purpose of personating or representing himself as an immigration officer; or

knowing that it is likely to cause any member of the public to believe that he is an immigration officer;

uses the designation or a rank of an immigration officer, in connection with any business, occupation or employment —

for the purpose of personating or representing himself as an immigration officer; or

knowing that it is likely to cause any member of the public to believe that he is an immigration officer; (c)represents himself, by word or conduct, to be an immigration officer for the purpose of personating or representing himself as an immigration officer; or

wears or possesses any immigration officer uniform, or uses any immigration officer insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —

that the person receives or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Controller;

that the Controller has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Controller; or

that the person has the sponsorship or approval of the Controller for any goods or services provided by or on behalf of the person,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.(2) An immigration officer who wears any immigration officer uniform or uses any immigration officer insignia otherwise than —

in the course of, and for the purpose of, exercising the functions of an immigration officer; or

for such other purpose authorised in writing by the Controller,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.(3) It is a defence to any prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —

the accused had the express permission of the Controller to wear or possess the immigration officer uniform or use the immigration officer insignia, as the case may be; or

the accused wore or possessed the immigration officer uniform or used the immigration officer insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act (Cap. 257).(4) A person (whether or not an immigration officer) who —

manufactures any immigration officer uniform or immigration officer insignia otherwise than under an agreement with the Government;

sells any immigration officer uniform or immigration officer insignia to a person who is neither an immigration officer nor otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; or

gives or provides, whether or not for a consideration, any immigration officer uniform or immigration officer insignia to a person who is neither an immigration officer nor otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia,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 3 years or to both.(5) It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —

the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the immigration officer uniform or immigration officer insignia was sold, given or provided was —

an immigration officer; or

a person otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; or

the accused had received from the person to whom the immigration officer uniform or immigration officer insignia was sold, given or provided, evidence purporting to show that —

that person was an immigration officer or was otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; and

it was reasonable to and the accused did accept that evidence as correct.(6) An offence under subsection (1), (2) or (4) is an arrestable offence.(7) In this section —“immigration officer insignia” means —

any item (being any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing) that is generally recognised as being used by an immigration officer;

any part of any such item; (c)any reasonable imitation of any such item, or part of such item; or

any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing prescribed as being within this definition;“immigration officer uniform” means the uniform of an immigration officer, and includes —

any part of such a uniform or any accoutrement of an immigration officer that is generally recognised as a part of the uniform or accoutrement of an immigration officer; or

any reasonable imitation of such a uniform or accoutrement, or part of a uniform or accoutrement;“sell” includes —

exchange or let on hire;

offer, expose, possess, send, forward or deliver for sale, exchange or hire; or

cause, suffer or allow any sale, exchange or hire;“use”, in relation to immigration officer insignia, includes —

driving on a public road a vehicle that has on it any immigration officer insignia; and

using a reproduction or representation of immigration officer insignia, but does not include wearing an immigration officer uniform.”.