Clause 19

in subsection (5), replace “Any” with “Subject to subsections (8) and (9), any”; and

after subsection (7), insert —“(8) Where an individual is convicted of an offence under subsection (1)(a), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if —

it is proved, to the satisfaction of the court, that the retention or control by or on behalf of another person (A) of A’s benefits from a serious scam offence was facilitated by the arrangement mentioned in subsection (1); and

the individual is not able to prove, to the satisfaction of the court, that he or she had taken reasonable steps to ensure that the retention or control of A’s benefits from a serious scam offence would not be facilitated by the arrangement.(9) Where an individual is convicted of an offence under subsection (1)(b), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if —

it is proved, to the satisfaction of the court, that by the arrangement mentioned in subsection (1), another person’s (A) benefits from a serious scam offence —

were used to secure funds that are placed at A’s disposal; or

were used for A’s benefit to acquire property; and

the individual is not able to prove, to the satisfaction of the court, that he or she had taken reasonable steps to ensure that A’s benefits from a serious scam offence would not, by the arrangement, be used to secure funds that are placed at A’s disposal or for A’s benefit to acquire property (as the case may be).(10) For the purposes of subsections (8)(a) and (9)(a), it is not necessary for the prosecution to prove that any person was convicted of the serious scam offence.”.