Singapore legislation
Clause 32
Clause 32
Amendment of section 39D
In the Miscellaneous Offences (Public Order and Nuisance) Act 1906, in section 39D —
in subsection (9), replace “A” with “Subject to subsections (10) and (11), a”; and
after subsection (9), insert —“(10) Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), the individual shall, in addition to the punishment under subsection (9)(a), be liable to caning of not more than 12 strokes —
if the individual intended to use the SIM card or to supply the SIM card to any other person, to commit, or to facilitate the commission by any person of, any scam offence; or
if —
it is proved, to the satisfaction of the court, that the SIM card was used, or was supplied to another person, to commit, or to facilitate the commission of, a scam offence; and
the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that, the SIM card would not be used to commit, or to facilitate the commission of, a scam offence.(11) Where an individual is convicted of an offence under subsection (2) involving the fault element mentioned in subsection (2)(b)(i), the individual shall, in addition to the punishment under subsection (9)(a), be liable to caning of not more than 12 strokes —
if the individual knew that the SIM card will be used to commit, or to facilitate the commission by any person of, any scam offence; or
if —
it is proved, to the satisfaction of the court, that the SIM card was used to commit, or to facilitate the commission of, a scam offence; and
the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the SIM card would not be used to commit, or to facilitate the commission of, a scam offence.(12) For the purposes of subsections (10)(a) and (11)(a), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.(13) For the purposes of subsections (10)(b)(i) and (11)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.”.