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In forceAmended2020 Revised Edition

Part 2 · Control of Import, Export, Etc., of Scheduled Species

5A. Penalty for corporate offenders, etc., for offence under section 4 or 5

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Amended

Last amended by an amending law of 2022.

(1)

Any corporation, unincorporated association or partnership that is guilty of an offence under section 4(1)(a), (b) or (c) or 5(4) shall be liable on conviction —

(a)

in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix I of the Schedule — to a fine not exceeding $200,000 for each specimen of that scheduled species (but not exceeding $1 million for, or the market value (at the material time of the offence) of, all the specimens of that scheduled species comprised in the offence, whichever is higher); and

(b)

in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix II or III of the Schedule — to a fine not exceeding $100,000 for each specimen of that scheduled species (but not exceeding $1 million for, or the market value (at the material time of the offence) of, all the specimens of that scheduled species comprised in the offence, whichever is higher).

(2)

Where a person mentioned in section 20(2) or 20A(2) in relation to a corporation, an unincorporated association or a partnership is guilty of the same offence mentioned in subsection (1) as is the corporation, unincorporated association or partnership, the person shall be liable on conviction —

(a)

in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix I of the Schedule — to a fine not exceeding the amount specified in subsection (1)(a) or to imprisonment for a term not exceeding 8 years or to both; and

(b)

in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix II or III of the Schedule — to a fine not exceeding the amount specified in subsection (1)(b) or to imprisonment for a term not exceeding 6 years or to both.

Report

Part 3

Enforcement Powers and Proceedings

Part 4

Miscellaneous

Schedules