Drug Trafficking (Confiscation of Benefits) (Amendment) Bill

by inserting, immediately after paragraph (a) of the definition of “authorised officer” in subsection (1), the following paragraph:“(aa)any special investigator of the Corrupt Practices Investigation Bureau appointed under section 3(2) of the Prevention of Corruption Act (Cap. 241);”;

by inserting, immediately after the words “section 4” in the definition of “confiscation order” in subsection (1), the words “or 4A”;

by deleting the definition of “corresponding law” in subsection (1) and substituting the following definitions:“ “corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a foreign country to be a law providing for the control and regulation in that country of —

the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30th March 1961;

the production, supply, use, export and import of dangerous or otherwise harmful drugs in pursuance of any treaty, convention or other agreement or arrangement to which the government of that country and the Government of Singapore are for the time being parties; or (c)the benefits of trafficking in the drugs or substances referred to in paragraph (a) or (b);“criminal conduct” means —

doing or being concerned in, whether in Singapore or elsewhere, any act constituting —

a serious offence (other than an offence under section 41A or 43A); or

a foreign serious offence;

entering into or being otherwise concerned in, whether in Singapore or elsewhere, an arrangement whereby —

the retention or control by or on behalf of another person of that other person’s benefits from an act referred to in paragraph (a) is facilitated; or

the benefits from an act referred to in paragraph (a) by another person are used to secure funds that are placed at that other person’s disposal, directly or indirectly, or are used for that other person’s benefit to acquire property by way of investment or otherwise;

the concealing or disguising by a person of any property which is, or in part, directly or indirectly, represents, his benefits from an act referred to in paragraph (a); or

the conversion or transfer, by a person, of any property referred to in paragraph (c) or the removal of such property from the jurisdiction;“criminal matters” means the subject of mutual assistance in the investigation of a serious offence or a foreign serious offence;”;

by inserting, immediately after the words “drug trafficking offence” in the definition of “defendant” in subsection (1) and in subsection (3)(b), the words “or a serious offence, as the case may be,”;

by inserting, immediately after the definition of “defendant” in subsection (1), the following definition:“ “drug-related matters” means the subject of mutual assistance in the investigation of a drug trafficking offence or a foreign drug trafficking offence;”;

by deleting the definition of “drug trafficking” in subsection (1) and substituting the following definition:“ “drug trafficking” means —

doing or being concerned in, whether in Singapore or elsewhere, any act constituting —

a drug trafficking offence (other than an offence under section 41 or 43); or

a foreign drug trafficking offence;

entering into or being otherwise concerned in, whether in Singapore or elsewhere, an arrangement whereby —

the retention or control by or on behalf of another person of that other person’s benefits of an act referred to in paragraph (a) is facilitated; or

the benefits of an act referred to in paragraph (a) by another person are used to secure funds that are placed at that other person’s disposal, directly or indirectly, or are used for that other person’s benefit to acquire property by way of investment or otherwise;

the concealing or disguising by a person of any property which is, or in part, directly or indirectly, represents, his benefits of an act referred to in paragraph (a); or

the conversion or transfer by a person of any property referred to in paragraph (c) or the removal of such property from the jurisdiction;”;

by deleting the word “Schedule” in paragraph (a) of the definition of “drug trafficking offence” in subsection (1) and substituting the words “First Schedule”;

by deleting the definition of “financial institution” in subsection (1) and substituting the following definition:“ “financial institution” means —

a bank licensed under the Banking Act (Cap. 19);

a merchant bank that is approved as a financial institution under section 28 of the Monetary Authority of Singapore Act (Cap. 186);

a finance company licensed under the Finance Companies Act (Cap. 108);

a dealer or an investment adviser licensed under the Securities Industry Act (Cap. 289);

a futures broker, a futures trading adviser or a futures pool operator licensed under the Futures Trading Act (Cap. 116);

a company or society registered under the Insurance Act (Cap. 142) as a direct insurer carrying on life business;

an insurance intermediary licensed under any written law relating to insurance intermediaries if the intermediary arranges contracts of insurance in respect of life business; and

such other persons or class of persons as the Minister may by order prescribe,but excludes a money-changer licensed to conduct money-changing business and a remitter licensed to conduct remittance business under the Money-changing and Remittance Businesses Act (Cap. 187);”;

by deleting the definition of “foreign offence” in subsection (1) and substituting the following definitions:“ “foreign authority” means a foreign government or an appropriate authority designated by a foreign government exercising any function corresponding to a function of the Minister in charge of this Act;“foreign country” means any country or territory outside Singapore;“foreign court” means a court of competent jurisdiction in a foreign country which is a party to any treaty, memorandum of understanding or agreement for the control of narcotic drugs or for assistance in criminal matters to which Singapore is also a party;“foreign drug trafficking offence” means a drug trafficking offence punishable under a corresponding law;“foreign government” means the government of a foreign country;“foreign serious offence” means an offence (other than a foreign drug trafficking offence) against the laws of, or of a part of, a foreign country stated in a certificate purporting to be issued by or on behalf of the government of that country and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted a serious offence;”;

by inserting, immediately after the words “section 8(8)” in the definition of “gift caught by this Act” in subsection (1), the words “or (8A)”;

by inserting, immediately after the definition of “realisable property” in subsection (1), the following definition:“ “Registrar” means, in relation to proceedings in —

the High Court — the Registrar, Deputy Registrar or Assistant Registrar of the Supreme Court;

a District Court or a Magistrate’s Court — the Registrar or Deputy Registrar of the Subordinate Courts;”;

by inserting, immediately after the definition of “restraint order” in subsection (1), the following definition:“ “serious offence” means —

any of the offences specified in the Second Schedule;

conspiracy to commit any of those offences;

inciting others to commit any of those offences;

attempting to commit any of those offences; or

aiding, abetting, counselling or procuring the commission of any of those offences;”; (m)by inserting, at the end of sub-paragraph (iv) of subsection (3)(b), the word “and”; and

by deleting sub-paragraph (v) of subsection (3)(b).

by inserting, immediately after the words “drug trafficking offence” wherever they appear in subsection (1), the words “or foreign drug trafficking offence”;

by deleting the word “proceedings” in the 5th line of subsection (1) and substituting the words “any proceedings under this Act”; and

by inserting, immediately after subsection (1), the following subsection:“(1A) This Act shall apply to any serious offence or foreign serious offence whether committed before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999 except that nothing in this Act shall impose any duty or confer any power on any court in connection with any proceedings under this Act against a person for a serious offence or a foreign serious offence in respect of which he has been convicted by a court before that date.”.

by deleting the word “before” in the 3rd line of subsection (2) and substituting the words “at any time after”;

by deleting subsection (3) and substituting the following subsections:“(3) The court shall not take into account any application or proposed application for a confiscation order in determining the appropriate sentence or other manner of dealing with the defendant in respect of the drug trafficking offences concerned.(3A) Where the court which convicted the defendant is for any reason unable to determine the amount to be recovered under subsection (2), the determination and confiscation order, if any, may be made by the Registrar.(3B) Any relevant evidence admitted in the proceedings against the defendant for the drug trafficking offence concerned shall, if the court or the Registrar thinks fit, be taken into account in determining the amount to be recovered under subsection (2) or (3A).”;

by inserting, immediately after the word “whether” in the 1st line of the proviso to subsection (4), the word “incurred”; and

by inserting, immediately after subsection (4), the following subsections:“(5) The presumption referred to in subsection (4) shall not be rebutted merely by adducing proof to the effect that the property or interest therein was derived from criminal conduct.(6) In this section, a reference to property or interest therein shall include a reference to income accruing from such property or interest.”.

Subject to section 23, where a defendant is convicted of one or more serious offences, the court shall, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by him from criminal conduct if the court is satisfied that such benefits have been so derived.(2) If the court is satisfied that benefits have been derived by the defendant from criminal conduct, the court shall, at any time after sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned, determine in accordance with section 7 the amount to be recovered in his case by virtue of this section.(3) The court shall not take into account any application or proposed application for a confiscation order in determining the appropriate sentence or other manner of dealing with the defendant in respect of the serious offences concerned.(4) Where the court which convicted the defendant is for any reason unable to determine the amount to be recovered under subsection (2), the determination and confiscation order, if any, may be made by the Registrar.(5) Any relevant evidence admitted in the proceedings against the defendant for the serious offence concerned shall, if the court or the Registrar thinks fit, be taken into account in determining the amount to be recovered under subsection (2) or (4).(6) Without prejudice to section 24, for the purposes of this Act, a person who holds or has at any time (whether before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999) held any property or any interest therein (including income accruing from such property or interest) disproportionate to his known sources of income, the holding of which cannot be explained to the satisfaction of the court, shall, until the contrary is proved, be presumed to have derived benefits from criminal conduct.(7) For the purposes of subsection (6), any expenditure by a person referred to in that subsection (whether incurred before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999) shall, until the contrary is proved, be presumed to have been met out of his benefits derived from criminal conduct.(8) The presumption referred to in subsection (6) shall not be rebutted merely by adducing proof to the effect that the property or interest therein (including income accruing from such property or interest) was derived from drug trafficking.Live video or live television links4B.—

Where the defendant has been charged with or convicted of a drug trafficking offence or a serious offence, the court or the Registrar may make an order that —

if the defendant is represented by an advocate and solicitor, the defendant shall not be present in person in any proceedings under this Act; or

the defendant shall appear in any proceedings under this Act through live video or live television link (whether or not the defendant is represented by an advocate and solicitor).(2) Where an order is made under subsection (1)(b), section 62A of the Evidence Act (Cap. 97) shall apply, with the necessary modifications, as if the defendant were a witness.”.

Without prejudice to section 24, for the purposes of this Act —

the benefits derived by any person from criminal conduct, shall be any property or interest therein (including income accruing from such property or interest) held by the person at any time, whether before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999, being property or interest therein disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and

the value of the benefits derived by him from criminal conduct, shall be the aggregate of the values of the properties and interests therein referred to in paragraph (a).(2) For the purpose of assessing the value of the benefits derived by the defendant from criminal conduct, in a case where a confiscation order or an order made under section 13 of the Prevention of Corruption Act (Cap. 241) has previously been made against him, the court shall leave out of account any such benefits derived from drug trafficking or criminal conduct, as the case may be, that are shown to the court to have been taken into account in determining the amount to be recovered under that order.”.

If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid, that person shall be liable to pay interest on that sum for the period for which it remains unpaid.(2) The amount of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from him under the confiscation order.(3) The rate of interest under subsection (1) shall be at the same rate as a judgment debt.”.

it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings for a serious offence were instituted against him or, where no such proceedings have been instituted, when an application under section 4A for a confiscation order is made against him; or

it was made by the defendant at any time and was a gift of property which is or is part of the benefits derived by the defendant from criminal conduct.”.

by inserting, immediately after the words “drug trafficking offence” in the 2nd line of subsection (1), the words “or a serious offence, as the case may be,”;

by inserting, immediately after the words “drug trafficking offence” in the 3rd and 4th lines of subsection (1), the words “or the serious offence, as the case may be,”;

by deleting the words “or he is not amenable to extradition proceedings” in subsection (2)(b)(ii) and substituting the words “, apprehended or extradited”; and

by inserting, immediately after subsection (2), the following subsection:“(3) For the purposes of subsection (1), a person shall be taken to abscond in connection with a serious offence if, whether before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999 —

investigations for a serious offence have been commenced against the person; and

the person —

dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he is convicted; or

at the end of the period of 6 months from the date on which the investigations referred to in paragraph (a) were commenced against him, cannot be found, apprehended or extradited.”.

by deleting the words “4(4) and (5)” in subsection (3) and substituting the words “4(4), 4A(6) and (7), 5 and 5A”;

by inserting, immediately after subsection (4), the following subsections:“(4A) For the purposes of Part II, the following provisions shall apply in determining whether a deceased defendant had derived benefits from criminal conduct or in determining those benefits or the value of those benefits:

a deceased defendant shall, until the contrary is proved, be presumed to have derived benefits from criminal conduct, if he had, at any time (whether before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999) since the beginning of the period of 6 years ending at the date of his death, held any property or interest therein disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court;

the benefits derived by a deceased defendant from criminal conduct shall be any property or interest therein held by him during the period mentioned in paragraph (a), being property or interest therein disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and

the value of the benefits derived by a deceased defendant from criminal conduct shall be the aggregate of the values of those properties and interests therein referred to in paragraphs (a) and (b) less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order or any order made under section 13 of the Prevention of Corruption Act (Cap. 241) previously made against the deceased defendant.(4B) The presumption referred to in —

subsection (4) shall not be rebutted merely by adducing proof to the effect that the property or interest therein was derived from criminal conduct;

subsection (4A) shall not be rebutted merely by adducing proof to the effect that the property or interest therein was derived from drug trafficking.”;

by inserting, immediately after the words “drug trafficking offence” in subsection (5)(a), the words “or a serious offence, as the case may be,”; and

by inserting, immediately after subsection (5), the following subsection:“(6) In this section, a reference to property or interest therein shall include a reference to income accruing from such property or interest.”.

by inserting, immediately after the words “drug trafficking” in subsection (1), the words “or criminal conduct, as the case may be”;

by inserting, immediately after subsection (1), the following subsection:“(1A) This section shall not apply to any material in the possession of a financial institution.”; and

by inserting, immediately after the words “drug trafficking” in subsection (4)(a), the words “or from criminal conduct, as the case may be”.

The Attorney-General or any person duly authorised by him in writing may, for the purpose of an investigation into a drug trafficking offence or a serious offence, as the case may be, apply to the High Court for an order under subsection (2) in relation to any particular material or material of a particular description.(2) The High Court may, if on such an application it is satisfied that the conditions referred to in subsection (3) are fulfilled, make an order that the financial institution which appears to the Court to be in possession of the material to which the application relates shall —

produce the material to the Attorney-General or the person duly authorised by him for the Attorney-General or such person to take away; or

give the Attorney-General or the person duly authorised by him access to the material,within a reasonable period, but not less than 7 days, as the order may specify.(3) The conditions referred to in subsection (2) are —

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking or criminal conduct, as the case may be;

that there are reasonable grounds for believing that the material to which the application relates —

is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and

does not consist of or include items subject to legal privilege; and

that there are reasonable grounds for believing that it is in the public interest to produce the material to which the application relates.(4) A financial institution which complies with an order made under subsection (2) shall not be treated as being in breach of any restriction upon the disclosure of information or material imposed by law, contract or rules of professional conduct.(5) No action shall lie against a financial institution which in good faith produces materials or gives access to materials relating to the account of its customer by reason of that financial institution having produced or given access to the materials in compliance with an order made against it under subsection (2) or any act done or omitted to be done in relation to any funds, investment or property in the account of that customer in consequence of the production of or access to those materials.(6) The proceedings for an application for a production order under this section shall be heard in camera.(7) In this section, “items subject to legal privilege” has the same meaning as in section 33(2).Production orders to obtain information to assist foreign authority investigating drug trafficking or criminal conduct26B.—

The Attorney-General or any person duly authorised by him in writing may make an application under section 26A for the purpose of assisting a foreign authority in its investigation into a foreign drug trafficking offence or a foreign serious offence, as the case may be, in relation to any particular material or material of a particular description if and only if the conditions in subsection (2) are fulfilled in addition to those in section 26A(3).(2) The conditions referred to in subsection (1) are —

that there exists a mutual legal assistance treaty, memorandum of understanding or other agreement in drug-related matters or criminal matters, as the case may be, between Singapore and the foreign government and the conditions therein have been fulfilled in respect of any particular request for assistance from the Attorney-General, which conditions shall be in addition to and not in derogation of the conditions in this subsection;

that the foreign authority has agreed to provide reciprocal assistance in drug-related matters or criminal matters, as the case may be, to Singapore;

that the foreign drug trafficking offence or foreign serious offence, as the case may be, which is the subject of the investigation constitutes an offence against the law of, or of a part of, the state of the foreign authority and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted a drug trafficking offence or a serious offence, as the case may be;

that the seriousness of the foreign drug trafficking offence or foreign serious offence under investigation, as the case may be, is of sufficient gravity and the material which is the subject of the application is of sufficient importance to the investigation and whether the material could not reasonably be obtained by other means;

that the assistance is not likely to prejudice the sovereignty, security or national interest of Singapore;

that it is not contrary to the public interest to give the assistance sought;

that the foreign authority undertakes that the material sought if granted by the High Court pursuant to a production order shall not be used for any other purposes except for the investigation of the foreign drug trafficking offence or foreign serious offence, as the case may be, or for the prosecution of the offender concerned and the material shall be returned to the Attorney-General upon completion of the investigation or the proceedings against the offender; and

such other conditions as the Minister may prescribe.(3) The proceedings for an application for a production order under subsection (1) shall be heard in camera.”.

Where an authorised officer is authorised by any regulations made under this Act to apply to a court for a production order under this Act in respect of a foreign drug trafficking offence or a foreign serious offence, as the case may be, the authorised officer may apply for the order accordingly.(2) This Division (with the exception of sections 26A and 26B) shall apply, with such modifications as may be prescribed in the regulations, to the application and to any production order made as a result of the application as if a reference in this Division to drug trafficking or criminal conduct were a reference to the foreign drug trafficking offence or foreign serious offence.(3) Where an authorised officer takes possession of any material under a production order made in respect of a foreign drug trafficking offence or a foreign serious offence, as the case may be, the authorised officer may retain the material for a period of one month pending a written direction from the Attorney-General as to the manner in which the material is to be dealt with (which may include a direction that the material be sent to the foreign authority that requested the obtaining of the production order).(4) This section shall not apply to any material in the possession of a financial institution.”.

by inserting, immediately after the words “drug trafficking” in subsections (1) and (4)(b) (3rd line), the words “or criminal conduct, as the case may be”;

by inserting, immediately after the words “section 26” in subsection (2)(a), the words “or 26A”;

by deleting the words “drug trafficking;” in subsection (3)(a) and substituting the words “drug trafficking or from criminal conduct, as the case may be; and”;

by inserting, immediately after the words “section 26(4)(b) and (c)” in subsection (3)(b), the words “or 26A (3)(b) and (c)”;

by deleting the word “; and” at the end of subsection (3)(b) and substituting a full-stop;

by deleting paragraph (c) of subsection (3);

by deleting the words “drug trafficking;” in subsection (4)(a) and substituting the words “drug trafficking or from criminal conduct, as the case may be; and”;

by deleting the word “; and” at the end of subsection (4)(b) and substituting a full-stop; and

by deleting paragraph (c) of subsection (4).

by inserting, immediately after the words “authorised by” in the 1st line of subsection (1), the words “and in circumstances prescribed in”;

by deleting the word “if” in the 7th line of subsection (1) and substituting the words “as if”;

by deleting the words “a drug trafficking offence” in the 7th and 8th lines of subsection (1) and substituting the words “drug trafficking or criminal conduct, as the case may be,”;

by deleting the words “foreign offence” wherever they appear in subsections (1), (2) and (3) and substituting in each case the words “foreign drug trafficking offence or foreign serious offence, as the case may be”;

by deleting the words “foreign offences” in the marginal note and substituting the words “foreign drug trafficking offence or foreign serious offence”;

by deleting the words “an authority of the foreign country” in the 7th and 8th lines of subsection (3) and substituting the words “a foreign authority”; and

by inserting, immediately after the word “material” wherever it appears in subsection (3), the words “or thing”.

This section shall apply where the material sought in respect of a foreign drug trafficking offence or a foreign serious offence, as the case may be, is in the possession of a financial institution and sections 31 and 32 shall not apply to such material.(2) The Attorney-General or any person duly authorised by him in writing may apply to the High Court for a search warrant under this section in relation to any particular material in a specified premises in respect of an investigation into a foreign drug trafficking offence or a foreign serious offence, as the case may be, if he is satisfied that the conditions in subsection (3) are fulfilled and the High Court may, if it thinks fit, issue such a search warrant.(3) The conditions referred to in subsection (2) are —

that there exists a mutual legal assistance treaty, memorandum of understanding or other agreement in drug-related matters or criminal matters, as the case may be, between Singapore and the foreign government and the conditions therein have been fulfilled in respect of any particular request for assistance from the Attorney-General, which conditions shall be in addition to and not in derogation of the conditions in this subsection;

that the foreign authority has agreed to provide reciprocal assistance in drug-related matters or criminal matters, as the case may be, to Singapore;

that the foreign drug trafficking offence or foreign serious offence, as the case may be, which is the subject of the investigation constitutes an offence against the law of, or of a part of, the state of the foreign authority and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted a drug trafficking offence or a serious offence, as the case may be;

that the seriousness of the foreign drug trafficking offence or foreign serious offence under investigation, as the case may be, is of sufficient gravity and the material which is the subject of the application is of sufficient importance to the investigation and whether the material could not reasonably be obtained by other means;

that the application is not likely to prejudice the sovereignty, security or national interest of Singapore;

that it is not contrary to the public interest to give the assistance sought;

that the foreign authority undertakes that the material sought pursuant to a search warrant under this section shall not be used for any other purposes except for the investigation of the foreign drug trafficking offence or foreign serious offence, as the case may be, or for the prosecution of the offender concerned and the material shall be returned to the Attorney-General upon completion of the investigation or proceedings against the offender;

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking or criminal conduct, as the case may be;

that there are reasonable grounds for believing that the material to which the application relates —

is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and

does not consist of or include items subject to legal privilege; and (j)such other conditions as the Minister may prescribe.(4) A financial institution which complies with a warrant issued under subsection (2) shall not be treated as being in breach of any restriction upon the disclosure of information or material imposed by law, contract or rules of professional conduct.(5) No action shall lie against a financial institution which in good faith produces materials or gives access to materials relating to the account of its customer by reason of that financial institution having produced or given access to the materials in compliance with a warrant issued under subsection (2) or any act done or omitted to be done in relation to any funds, investment or property in the account of that customer in consequence of the production of or access to those materials.(6) In this section, "items subject to legal privilege" has the same meaning as in section 33(2).Division 3 — Obligations of financial institutionsInterpretation of this Division35.—

In this Division —“financial transaction document”, in relation to a financial institution, means any document that relates to a financial transaction carried out by the institution in its capacity as a financial institution, and includes but is not limited to a document that relates to —

the opening or closing by a person of an account with the institution;

the operation by a person of an account with the institution;

the opening or use by a person of a deposit box held by the institution;

the telegraphic or electronic transfer of funds by the institution on behalf of a person to another person;

the transmission of funds between Singapore and a foreign country or between foreign countries on behalf of a person;

an application by a person for a loan from the institution (where a loan is made to the person pursuant to the application); or

records of customer identification;“minimum retention period”, in relation to a financial transaction document of a financial institution, means —

if the document relates to the opening of an account with the institution, the period of 6 years after the day on which the account is closed;

if the document relates to the opening by a person of a deposit box held by the institution, the period of 6 years after the day on which the deposit box ceases to be used by the person; or

in any other case, the period of 6 years after the day on which the transaction takes place.(2) In sections 36 and 37, a reference to a copy includes a copy retained in the form of microfilm, microfiche, electronic records in accordance with section 9(1) of the Electronic Transactions Act 1998 (Act 25 of 1998) or such other form as the Monetary Authority of Singapore may approve.Retention of records by financial institutions36.—

A financial institution shall retain, or retain a copy of, each financial transaction document for the minimum retention period applicable to the document.(2) A financial institution required to retain documents under this section shall retain and store them in a manner that makes retrieval of the documents reasonably practicable.(3) A financial institution that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.(4) This section does not limit any other obligation of a financial institution to retain documents.Register of original documents37.—

Where a financial institution is required by law to release an original of a financial transaction document before the end of the minimum retention period applicable to the document, the institution shall retain a complete copy of the document until the period has ended or the original is returned, whichever occurs first.(2) The financial institution shall maintain a register of documents released under subsection (1).(3) A financial institution that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.Duty to disclose knowledge or suspicion38.—

Where a person knows or has reasonable grounds to suspect that any property —

in whole or in part, directly or indirectly, represents the proceeds of;

was used in connection with; or

is intended to be used in connection with,drug trafficking or criminal conduct, as the case may be, and the information or matter on which the knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, he shall disclose the knowledge or suspicion or the information or other matter on which that knowledge or suspicion is based to an authorised officer as soon as is reasonably practicable after it comes to his attention.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.(3) The Minister may, by regulations, prescribe requirements for any person or class of persons in relation to the circumstances, manner and means of disclosure required under subsection (1).(4) Subsection (1) or (2) does not make it an offence for an advocate and solicitor or his clerks or employees or an interpreter to fail to disclose any information or other matter which are items subject to legal privilege.(5) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.(6) Where a person discloses to an authorised officer —

his knowledge or suspicion of the matters referred to in subsection (1)(a), (b) or (c); or

any information or other matter on which that knowledge or suspicion is based,the disclosure shall not be treated as a breach of any restriction upon the disclosure imposed by law, contract or rules of professional conduct and he shall not be liable for any loss arising out of the disclosure or any act or omission in consequence of the disclosure.(7) Without prejudice to subsection (5) or (6), in the case of a person who was in employment at the time in question, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.(8) A disclosure to which subsection (7) applies shall not be treated as a breach of any restriction imposed by law, contract or rules of professional conduct.(9) In this section, “items subject to legal privilege” has the same meaning as in section 33(2).”.

by deleting the words “a financial institution, or a person who is an” in the 1st line and substituting the words “a person or his”;

by deleting the words “of the institution” in the 2nd line;

by deleting the words “institution or person” in the 5th line and substituting the words “person or his officer, employee or agent”;

by deleting the words “and 43,” in the 6th line and substituting the words “, 41A, 43 and 43A,”; and

by deleting the words “for financial institution” in the marginal note.

by deleting the words “an arrangement knowing that by the arrangement” in the 2nd line of subsection (1) and substituting the words “, or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that by the arrangement”;

by inserting, immediately after the word “disposal” in subsection (1)(b)(i), the words “, directly or indirectly”;

by inserting, immediately after the word “investment” in subsection (1)(b)(ii), the words “or otherwise”;

by inserting, immediately after the word “knowing” in the 14th line of subsection (1), the words “or having reasonable grounds to believe”;

by inserting, immediately after the words “that any” in the 2nd line of subsection (3), the word “property,”;

by deleting the word “by” where it secondly appears in subsection (3)(b);

by deleting the word “funds” in subsection (3)(c)(ii) and substituting the words “property, funds”;

by inserting, immediately after the word “know” in the 1st line of paragraphs (a) and (b) of subsection (4), the words “and had no reasonable ground to believe”;

by deleting the full-stop at the end of paragraph (c)(ii) of subsection (4) and substituting the word “; or ”, and by inserting immediately thereafter the following paragraph:“(d)that in the case of a person who was in employment at the time in question and he enters or is otherwise concerned in the arrangement in the course of his employment, he disclosed the suspicion, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.”; and

by deleting “$100,000” in subsection (5) and substituting “$200,000”.

Subject to subsection (3), a person who enters into or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that by the arrangement —

the retention or control by or on behalf of another (referred to in this section as that other person) of that other person’s benefits of criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or

that other person’s benefits from criminal conduct —

are used to secure funds that are placed at that other person’s disposal, directly or indirectly; or (ii)are used for that other person’s benefit to acquire property by way of investment or otherwise,and knowing or having reasonable grounds to believe that that other person is a person who engages in or has engaged in criminal conduct or has benefited from criminal conduct shall be guilty of an offence.(2) In this section, references to any person’s benefits from criminal conduct include a reference to any property which in whole or in part, directly or indirectly, represented in his hands his benefits from criminal conduct.(3) Where a person discloses to an authorised officer his knowledge or belief that any property, funds or investments are derived from or used in connection with criminal conduct or any matter on which such knowledge or belief is based —

if he does any act in contravention of subsection (1) and the disclosure relates to the arrangement concerned, he shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is —

it is made before he does the act concerned, being an act done with the consent of the authorised officer; or

it is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it;

the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct; and

he shall not be liable in damages for any loss arising out of —

the disclosure;

any act done or omitted to be done in relation to the property, funds or investments in consequence of the disclosure.(4) In any proceedings against a person for an offence under this section, it is a defence to prove —

that he did not know and had no reasonable ground to believe that the arrangement related to any person’s proceeds derived from criminal conduct;

that he did not know and had no reasonable ground to believe that by the arrangement the retention or control by or on behalf of the relevant person of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1);

that —

he intended to disclose to an authorised officer such knowledge, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and

there is reasonable excuse for his failure to make disclosure in accordance with sub-section (3)(a);

that in the case of a person who was in employment at the time in question and he enters or is otherwise concerned in the arrangement in the course of his employment, he disclosed the knowledge, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.(5) A person who commits an offence under this section shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 7 years or to both.”.

by deleting the words “for the purpose of avoiding prosecution for a drug trafficking offence or the making or enforcement in his case of a confiscation order” in the 7th, 8th and 9th lines of subsection (1);

by inserting, immediately after the words “drug trafficking offence” in the 8th line of subsection (2), the words “or a foreign drug trafficking offence”;

by inserting, immediately after the word “knowing” in the 1st line of subsections (2) and (3), the words “or having reasonable grounds to believe”; and

by deleting “$100,000” in subsection (6) and substituting “$200,000”.

Any person who —

conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, his benefits from criminal conduct; or

converts or transfers that property or removes it from the jurisdiction,shall be guilty of an offence.(2) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct —

conceals or disguises that property; or

converts or transfers that property or removes it from the jurisdiction,for the purpose of assisting any person to avoid prosecution for a serious offence or a foreign serious offence or the making or enforcement of a confiscation order shall be guilty of an offence.(3) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct, acquires that property for no or inadequate consideration, shall be guilty of an offence.(4) In subsections (1)(a) and (2)(a), references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.(5) For the purposes of subsection (3), consideration given for any property is inadequate if its value is significantly less than the market value of that property, and there shall not be treated as consideration the provision for any person of services or goods which are of assistance to him in criminal conduct.(6) Any person who commits an offence under this section shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 7 years or to both.Tipping-off43B.—

Any person who —

knows or has reasonable grounds to suspect that an authorised officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act or any subsidiary legislation made thereunder; and

discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both.(2) Any person who —

knows or has reasonable grounds to suspect that a disclosure has been made to an authorised officer under this Act (referred to in this section as the disclosure); and

discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both.(3) Nothing in subsection (1) or (2) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter —

to, or to a representative of, a client of his in connection with the giving of advice to the client in the course of and for the purpose of the professional employment, of the advocate and solicitor; or

to any person —

in contemplation of, or in connection with, legal proceedings; and

for the purpose of those proceedings.(4) Subsection (3) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.(5) In proceedings against a person for an offence under subsection (1) or (2), it is a defence to prove that he did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way mentioned in subsection (1) or (2).(6) No authorised officer or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other written law relating to drug trafficking or a serious offence.”.

A document purporting to be issued by or on behalf of the government of a foreign country and purporting to state the terms of —

a corresponding law in force in that country; or

a law in relation to a foreign serious offence in force in that country,shall be admissible in evidence for the purpose of proving the matters referred to in subsection (2), in any proceedings under this Act or any subsidiary legislation made thereunder, on its production by the Attorney-General or by any person duly authorised by him in writing.(2) Such document shall be sufficient evidence —

that it is issued by or on behalf of the government of the foreign country stated in the document;

that the terms of the corresponding law or the law of the foreign country are as stated in the document; and

that any fact stated in the document as constituting an offence under that law does constitute such offence.Proof of convictions and acquittals50A.—

For the purposes of any proceedings under this Act or any subsidiary legislation made thereunder, the fact that a person has been convicted or acquitted of an offence by or before any court in Singapore or by a foreign court, shall be admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that he committed (or, as the case may be, did not commit) that offence, whether or not he is a party to the proceedings; and where he was convicted whether he was so convicted upon a plea of guilt or otherwise.(2) The court shall accept the conviction referred to in subsection (1) as conclusive unless —

it is subject to review or appeal that has not yet been determined;

it has been quashed or set aside; or

the court is of the view that it is contrary to the interests of justice or the public interest to accept the conviction as conclusive.(3) A person proved to have been convicted of an offence under this section shall be taken to have committed the acts and to have possessed the state of mind, if any, which at law constitute that offence.(4) Any conviction or acquittal admissible under this section may be proved —

in the case of a conviction or acquittal before a court in Singapore, by a certificate of conviction or acquittal, signed by the Registrar; or

in the case of a conviction or acquittal before a foreign court, by a certificate or certified official record of proceedings issued by that foreign court and duly authenticated by the official seal of a Minister of the country of the foreign court,giving the substance and effect of the charge and of the conviction or acquittal.”.

by inserting, immediately after the words “DRUG TRAFFICKING” in the heading to Part II, the words “OR CRIMINAL CONDUCT”;

by inserting, immediately after the words “drug trafficking” in the 5th line of section 5(2), the words “or criminal conduct”;

by inserting, immediately after the words “drug trafficking” in the marginal note to section 6, the words “or criminal conduct”;

by inserting, immediately after the words “drug trafficking” wherever they appear in the following provisions, the words “or from criminal conduct, as the case may be”:Sections 6(1)(a) (4th line) and (6), 7(1) and (3) (4th line) and 11(1)(c) and (2) (last line);

by inserting, immediately after the words “drug trafficking” wherever they appear in the following provisions, the words “or criminal conduct, as the case may be”:Sections 9(2)(a), 40(7)(b) and (8) and 44(1) (1st and 2nd lines);

by deleting the words “drug trafficking” in section 9(2)(b)(ii) and substituting the words “or derived from drug trafficking or criminal conduct, as the case may be”;

by inserting, immediately after the words “drug trafficking offence” in section 45(1)(b), the words “or serious offence, as the case may be”;

by inserting, immediately after the words “drug trafficking offences” in section 45(1)(c), the words “or serious offences, as the case may be”;

by inserting, immediately after the words “drug trafficking offence” in the 3rd line of section 45(4)(b), the words “or a serious offence”;

by inserting, immediately after the words “drug trafficking offence” wherever they appear in the following provisions, the words “or a serious offence, as the case may be”:Sections 10(4) (1st and 2nd lines) and (5) (1st and 2nd lines), 11(1)(a), (2)(a), (2)(b) and (3)(b), 15(1)(a), (2)(a), 23 (2nd line) and 45(1) (2nd line);

by deleting the words “the offence” wherever they appear in the following provisions and substituting in each case the words “the drug trafficking offence or serious offence, as the case may be”:Sections 12(5)(b), 13(8) (3rd and 4th lines) and 23 (b);

by inserting, immediately after the words “section 4” wherever they appear in the following provisions, the words “or 4A”:Sections 9(1) and (4)(a) and 10(1) (2nd and 8th lines), (2) (a), (3), (4) (3rd line) and (5) (3rd line);

by deleting the words “section 41” in the marginal note to section 42 and substituting the words “sections 41 and 41A”;

by inserting, immediately after the words “section 41(3)” in section 42(1)(a) and (3)(a), the words “or 41A (3)”;

by inserting, immediately after the words “section 41” in section 42(2)(a) and (5)(a), the words “or 41A”; and

by deleting the word “Schedule” in section 52 and in the marginal note and substituting the words “First and Second Schedules” and “Schedules”, respectively.