Clause 1
Short title and commencement
This Act may be cited as the Organised Crime Act 2015 and comes into operation on such date as the Minister may, by notification in the Gazette, appoint.
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Organised Crime Bill
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- Bill
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- Enacted
- 2015
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Quick answer
About this bill
Organised Crime Bill is Singapore Bill, cited as Bill 21 2015, currently marked in force and first recorded in 2015.
Part 1
PRELIMINARY
Clause 2
General interpretation
Definition
“associate with” means —
(a)
to be in habitual company with; or
(b)
to habitually communicate with by any means (including by post, facsimile, telephone, email or any other form of electronic communication);
Definition
“conduct” means any act or omission, any series of acts or omissions, or both;
Definition
“corporation” has the same meaning as in section 4(1) of the Companies Act (Cap. 50);
Definition
“disqualification order” means a disqualification order referred to in section 39;
Definition
“document” means anything in which information of any description is recorded, whether in electronic or any other form;
Definition
“engage”, in relation to any conduct, means engage, whether directly or indirectly, in the conduct either alone or together with any other person or persons;
Definition
“group” means a group of 3 or more individuals (whether or not ordinarily resident in Singapore), however organised, including by forming a company or association or body of persons, corporate or unincorporate, whether or not —
(a)
the company or association or body of persons is based within or outside Singapore; or
(b)
the company or association or body of persons is part of a larger group;
Definition
“illegal purpose”, in relation to a locally-linked organised criminal group or an organised criminal group, means the purpose referred to in the definition of “locally-linked organised criminal group” or “organised criminal group”, respectively;
Definition
“law enforcement agency” means —
(a)
the Singapore Police Force;
(b)
the Central Narcotics Bureau;
(c)
the Immigration & Checkpoints Authority;
(d)
the Commercial Affairs Department; or
(e)
any similar department or office of the Government prescribed by the Minister by notification in the Gazette;
Definition
“law enforcement officer” means —
(a)
a police officer;
(b)
an officer of the Central Narcotics Bureau;
(c)
an immigration officer appointed under section 3 of the Immigration Act (Cap. 133);
(d)
a Commercial Affairs Officer appointed under section 64 of the Police Force Act (Cap. 235); or
(e)
any other public officer or class of public officers authorised in writing by the Minister for the purposes of this Act;
Definition
“locally-linked organised criminal group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of any serious offence;
Definition
“OCPO” means an organised crime prevention order referred to in section 15;
Definition
“organised criminal group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of —
(a)
any serious offence; or
(b)
any act outside Singapore that, if it occurred in Singapore, would constitute any serious offence;
Definition
“Part 2 offence” means —
(a)
any offence under section 5, 6, 7, 8, 9, 10, 11 or 12; or
(b)
an abetment of, or a conspiracy or an attempt to commit, any offence referred to in paragraph (a);
Definition
“premises” includes any land, vehicle, vessel, aircraft or hovercraft;
Definition
“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;
(2)
For the purposes of this Act, a person (A) facilitates the commission of an offence by any other person so long as A facilitates any conduct which A knows, or has reasonable grounds to believe, may amount to the offence, whether or not A knows —
(a)
the particular offence being facilitated;
(b)
the exact details of the offence being facilitated; or
(c)
that an offence was actually committed.
(3)
For the purposes of this Act, a group of persons is capable of being an organised criminal group whether or not —
(a)
any of the persons in the group are subordinates or employees of any other persons in the group;
(b)
only one or some of the persons in the group are involved in planning, organising or carrying out any serious offence in furtherance of the illegal purpose of the organised criminal group; or
(c)
the membership of the group changes from time to time.
(4)
In the following proceedings:
(a)
proceedings against any person for a Part 2 offence, or for any offence which is subject to the penalty under section 13;
(b)
any application for an OCPO or FRO, or a disqualification order, to be made against any person;
(c)
any application for an examination order to be made against any person under section 73;
(d)
any proceedings in relation to any application to be made against any person under Part 9,it is not necessary for the Public Prosecutor to prove that the person knew the identity of all or any of the persons who constitute the organised criminal group.
Clause 3
Meaning of “item subject to legal privilege”
(1)
For the purposes of this Act, an item is subject to legal privilege if —
(a)
it is a communication made between a lawyer and a client, or a legal counsel acting as such and his or her employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be;
(b)
it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be;
(c)
it is a communication made —
(i)
between a client, or an employer of a legal counsel, and another person;
(ii)
between a lawyer acting for a client and either the client or another person; or
(iii)
between a legal counsel acting as such for his or her employer and either the employer or another person,in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer, as the case may be, is or may be, or was or might have been, a party;
(d)
it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (a) or (b) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or
(e)
it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (c) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel, as the case may be, is or may be, or was or might have been, a party,but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose.
Definition
“client”, in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client;
Definition
“employer”, in relation to a legal counsel, includes —
(a)
if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act (Cap. 50), every corporation so related as if the legal counsel is also employed by each of the related corporations;
(b)
if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act (Cap. 97) and the legal counsel is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and
(c)
an employee or officer of the employer;
Definition
“lawyer” means an advocate and solicitor, and includes an interpreter or other person who works under the supervision of an advocate and solicitor;
Definition
“legal counsel” means a legal counsel as defined in section 3(7) of the Evidence Act, and includes an interpreter or other person who works under the supervision of a legal counsel.
Clause 4
Purpose of Act
The purpose of this Act is to deal with organised crime with the object of —
(a)
punishing persons who are involved in the activities of organised criminal groups;
(b)
preventing, restricting and disrupting the activities of organised criminal groups and persons who are involved in such groups;
(c)
protecting members of the public from the harm caused, or likely to be caused, by such groups;
(d)
empowering a court to make various orders in order to prevent, restrict or disrupt the involvement of persons associated with such groups; and
(e)
establishing a regime for the confiscation of benefits from organised crime activities.
Part 2
ORGANISED CRIME OFFENCES
Clause 5
Locally-linked organised criminal group membership
(1)
Any person who is or acts as a member of a group, knowing or having reasonable grounds to believe that the group is a locally‑linked organised criminal group, commits an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(2)
In determining whether a person is guilty of an offence under subsection (1), the matters which a court may consider include, but are not limited to —
(a)
that person’s involvement in meetings with other known members of the group;
(b)
whether that person is identified as a member by other known members (whether existing or former members) of the group;
(c)
whether that person adopts the style of dress, hand signs, language or tattoos used by known members of the group;
(d)
whether that person associates with known members of the group;
(e)
whether that person has recruited or attempted to recruit any other person to be a member of the group;
(f)
whether that person habitually visits premises or meeting places known to be used by the group, and the person knows or has reasonable grounds to believe that such premises or meeting places are owned or occupied by the group;
(g)
whether that person has been arrested more than once in the company of known members of the group for any serious offence that is consistent with the usual criminal activity of the group;
(h)
whether that person is identified as a member of the group by physical evidence such as photographs or other documentation;
(i)
whether that person has received or is receiving any financial or other material benefit from the group;
(j)
whether that person signed up to be a member of the group; and
(k)
whether that person has undergone any initiation ceremony or is subject to any disciplinary regime of the group.
Clause 6
Recruiting members for organised criminal group
(1)
A person in Singapore commits an offence if the person —
(a)
incites, induces or invites another person (whether within or outside Singapore); or
(b)
uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,to become a member of, or to assist in the management of, a group, knowing or having reasonable grounds to believe that the group is an organised criminal group.
(2)
A person outside Singapore commits an offence if the person —
(a)
incites, induces or invites another person (whether within or outside Singapore); or
(b)
uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,to become a member of, or to assist in the management of, a group, knowing or having reasonable grounds to believe that the group is a locally-linked organised criminal group.
(3)
Subject to subsection (4), a person who commits an offence under subsection (1) or (2) shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(b)
in any other case, to a fine not exceeding $500,000.
(4)
Where a person (A) commits an offence under subsection (1) or (2) and it is proved that A knows or has reasonable grounds to believe that the other person referred to in that subsection was, at the time of the offence, a vulnerable person or below 21 years of age, A shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $350,000 or to imprisonment for a term not exceeding 7 years or to both; or
(b)
in any other case, to a fine not exceeding $700,000.
(5)
For the purposes of subsection (4), unless otherwise proven, A is presumed to know or to have reasonable grounds to believe that the other person referred to in subsection (1) or (2), as the case may be, was at the time of the offence, a vulnerable person or below 21 years of age.
(6)
In this section, “vulnerable person” means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from any disability or disorder of the mind or brain which impairs the person’s ability to make a proper judgment in relation to whether or not to become a member of, or to assist in the management of, an organised criminal group.
Clause 7
Instructing commission of offence for organised criminal group
(1)
A person in Singapore commits an offence if the person instructs, directly or indirectly, any other person (whether within or outside Singapore) to commit —
(a)
a Part 2 offence (other than an offence under this section); or
(b)
an offence under any written law which the person instructing knows is at the direction of, or in furtherance of the illegal purpose of, an organised criminal group.
(2)
A person outside Singapore commits an offence if the person instructs, directly or indirectly, any other person (whether within or outside Singapore) to commit —
(a)
a Part 2 offence (other than an offence under this section); or
(b)
an offence under any written law which the person instructing knows is at the direction of, or in furtherance of the illegal purpose of, a locally-linked organised criminal group.
(3)
A person (A) who commits an offence under subsection (1) or (2) shall be guilty of an offence, and the punishment for the offence upon A’s conviction is as follows:
(a)
if the offence instructed is not committed in consequence of A’s instruction — the punishment provided for the offence instructed, but as modified by subsection (4);
(b)
if the offence instructed is committed in consequence of A’s instruction — the punishment provided for the offence instructed, but as modified by subsection (5);
(c)
if the person instructed commits the offence instructed with a different intention or knowledge from A — the punishment provided for the offence which would have been committed if the offence had been done with the intention or knowledge of A, but as modified by subsection (5);
(d)
if the offence instructed is not committed but a different offence, which is a probable consequence of the instructed offence, is committed instead — the punishment provided for the different offence, but as modified by subsection (5);
(e)
if the different offence referred to in paragraph (d) is committed in addition to the offence instructed, and constitutes a distinct offence — the punishment provided for the different offence referred to in paragraph (d), and for the offence instructed, but as modified by subsection (5);
(f)
if A gave the instruction with the intention of causing a particular effect by the offence instructed, but another offence with a different effect from that intended by A is committed instead and A knew that the offence instructed was likely to cause the different effect — the punishment provided for the other offence with the different effect, but as modified by subsection (5).
(4)
For the purposes of subsection (3)(a), the modifications are as follows:
(a)
where the punishment, or one of the punishments, prescribed for the offence instructed is a fine, the maximum amount of fine is twice the maximum amount of fine prescribed for the offence instructed;
(b)
where the punishment, or one of the punishments, prescribed for the offence instructed is a term of imprisonment (other than life imprisonment), the maximum imprisonment term is half of the maximum imprisonment term prescribed for the offence instructed;
(c)
where the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment, that punishment is replaced with an imprisonment term which must not exceed 10 years;
(d)
where —
(i)
the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment; and
(ii)
hurt is caused to any person as a result of an act for which the instructor is liable in consequence of the instruction,that punishment is replaced with an imprisonment for a term which must not exceed 20 years.
(5)
For the purposes of subsection (3)(b) to (f), the modifications are as follows:
(a)
where the punishment, or one of the punishments, prescribed for the predicate offence is a fine, the maximum amount of fine is 4 times the maximum amount of fine prescribed for such offence;
(b)
where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to less than 4 years, the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 4 years;
(c)
where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to 4 years or more (other than life imprisonment), the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 10 years.
(6)
To avoid doubt, nothing in subsection (4)(a) or (b) or (5) affects the minimum sentence which is fixed or specified under any written law.
(7)
In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that the accused instructed a particular person to commit an offence.
(8)
In subsection (5), “predicate offence” means —
(a)
in relation to subsection (3)(b) — the offence instructed;
(b)
in relation to subsection (3)(c) — the offence which would have been committed if the offence had been done with the intention or knowledge of A;
(c)
in relation to subsection (3)(d) — the different offence referred to in that subsection;
(d)
in relation to subsection (3)(e) — both the different offence referred to in subsection (3)(d) and the offence instructed; and
(e)
in relation to subsection (3)(f) — the other offence with the different effect referred to in that subsection.
Clause 8
Procuring expenditure or application of property to support, aid or promote certain offences related to organised criminal group
(1)
A person in Singapore who procures from any other person (whether within or outside Singapore) any expenditure or application of any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of —
(a)
a Part 2 offence (other than an offence under this section); or
(b)
an offence under any written law, which is for the purpose of conferring a financial or other material benefit on an organised criminal group,commits an offence and shall be liable on conviction —
(i)
in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(ii)
in any other case, to a fine not exceeding $500,000.
(2)
A person outside Singapore who procures from any other person (whether within or outside Singapore) any expenditure or application of any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of —
(a)
a Part 2 offence (other than an offence under this section); or
(b)
an offence under any written law, which is for the purpose of conferring a financial or other material benefit on a locally‑linked organised criminal group,commits an offence and shall be liable on conviction —
(i)
in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(ii)
in any other case, to a fine not exceeding $500,000.
Clause 9
Expending or applying property to support, aid or promote certain offences related to organised criminal group
(1)
A person in Singapore who expends or applies any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of —
(a)
a Part 2 offence (other than an offence under this section); or
(b)
an offence under any written law, which is for the purpose of conferring a financial or other material benefit on an organised criminal group,commits an offence and shall be liable on conviction —
(i)
in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(ii)
in any other case, to a fine not exceeding $500,000.
(2)
A person outside Singapore who expends or applies any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of —
(a)
a Part 2 offence (other than an offence under this section); or
(b)
an offence under any written law, which is for the purpose of conferring a financial or other material benefit on a locally-linked organised criminal group,commits an offence and shall be liable on conviction —
(i)
in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(ii)
in any other case, to a fine not exceeding $500,000.
Clause 10
Allowing organised criminal group to use premises
(1)
Any person in Singapore who allows any group, or any member of a group, which the person knows or has reasonable grounds to believe is an organised criminal group, to use any premises (whether within or outside Singapore) owned or occupied by the person, or over which the person has control, in order to support, aid or promote the commission of —
(a)
a Part 2 offence (other than an offence under this section); or
(b)
an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the organised criminal group,commits an offence and shall be liable on conviction —
(i)
in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(ii)
in any other case, to a fine not exceeding $500,000.
(2)
Any person outside Singapore who allows any group, or any member of a group, which the person knows or has reasonable grounds to believe is a locally-linked organised criminal group, to use any premises (whether within or outside Singapore) owned or occupied by the person, or over which the person has control, in order to support, aid or promote the commission of —
(a)
a Part 2 offence (other than an offence under this section); or
(b)
an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the locally‑linked organised criminal group,commits an offence and shall be liable on conviction —
(i)
in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(ii)
in any other case, to a fine not exceeding $500,000.
Clause 11
Receiving, retaining, etc., property of organised criminal group
(1)
A person in Singapore must not receive, retain, conceal, dispose of or otherwise deal with any property if the person knows or has reasonable grounds to believe that the property —
(a)
is illegally obtained by an organised criminal group; or
(b)
is used by an organised criminal group to commit, or to facilitate the commission of —
(i)
a Part 2 offence (other than an offence under this section); or
(ii)
an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the organised criminal group.
(2)
A person outside Singapore must not receive, retain, conceal, dispose of or otherwise deal with any property if the person knows or has reasonable grounds to believe that the property —
(a)
is illegally obtained by a locally-linked organised criminal group; or
(b)
is used by a locally-linked organised criminal group to commit, or to facilitate the commission of —
(i)
a Part 2 offence (other than an offence under this section); or
(ii)
an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the locally-linked organised criminal group.
(3)
A person who contravenes subsection (1) or (2) commits an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(b)
in any other case, to a fine not exceeding $500,000.
Clause 12
Facilitation of commission of offence by organised criminal group
(1)
A person in Singapore commits an offence if the person engages in conduct which the person knows or has reasonable grounds to believe will facilitate —
(a)
the commission of a Part 2 offence (other than an offence under this section); or
(b)
the commission of any serious offence at the direction of, or in furtherance of the illegal purpose of, an organised criminal group.
(2)
A person outside Singapore commits an offence if the person engages in conduct which the person knows or has reasonable grounds to believe will facilitate —
(a)
the commission of a Part 2 offence (other than an offence under this section); or
(b)
the commission of any serious offence at the direction of, or in furtherance of the illegal purpose of, a locally-linked organised criminal group.
(3)
A person guilty of an offence under subsection (1) or (2) shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both; or
(b)
in any other case, to a fine not exceeding $200,000.
Clause 13
Commission of offence for organised criminal group
(1)
Where a court convicts a person for the commission, in Singapore, of an offence under any written law other than this Act (called the predicate offence) and it is proved that the offence —
(a)
was committed at the direction of a group which the person knows or has reasonable grounds to believe is an organised criminal group; or
(b)
was committed in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is an organised criminal group,the punishment which the court may impose is the same punishment provided for the predicate offence, but as modified by subsection (3).
(2)
Where a court convicts a person for the commission, outside Singapore, of an offence under any written law other than this Act (called the predicate offence) and it is proved that the offence —
(a)
was committed at the direction of a group which the person knows or has reasonable grounds to believe is a locally‑linked organised criminal group; or
(b)
was committed in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is a locally-linked organised criminal group,the punishment which the court may impose is the same punishment provided for the predicate offence, but as modified by subsection (3).
(3)
For the purposes of subsections (1) and (2), the modifications are as follows:
(a)
where the punishment, or one of the punishments, prescribed for the predicate offence is a fine, the maximum amount of fine is twice the maximum amount of fine prescribed for the predicate offence;
(b)
where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to less than 4 years, the maximum imprisonment term is an imprisonment term not exceeding a period equal to the maximum imprisonment term for the predicate offence plus 2 years;
(c)
where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to 4 years or more (other than life imprisonment), the maximum imprisonment term is an imprisonment term not exceeding a period equal to the maximum imprisonment term for the predicate offence plus 5 years.
(4)
To avoid doubt, nothing in subsection (3) affects the minimum sentence which is fixed or specified under any written law.
Part 3
ORGANISED CRIME PREVENTION ORDERS
Clause 14
Interpretation of this Part and Parts 4 and 5
Definition
“public” includes a section of the public or a particular member of the public;
Definition
“relevant parties”, in relation to an OCPO or FRO, means —
(a)
the Public Prosecutor; and
(b)
the person in relation to whom the OCPO or FRO is to be made, or the person who is the subject of the OCPO or FRO, as the case may be.
(2)
For the purposes of this Act, a person (A) is involved in a serious offence associated with an organised criminal group if conditions X in subsection (3), or conditions Y in subsection (4), are met.
(3)
Conditions X are:
(a)
A, in Singapore, has committed the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence);
(b)
A, in Singapore, has facilitated the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by any other person; or
(c)
the conduct of A in Singapore was such that it was likely to facilitate the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by A or any other person,and the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) —
(i)
is at the direction of a group which A knows or has reasonable grounds to believe is an organised criminal group; or
(ii)
is in furtherance of the illegal purpose of a group which A knows or has reasonable grounds to believe is an organised criminal group.
(4)
Conditions Y are:
(a)
A, outside Singapore, has committed the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence);
(b)
A, outside Singapore, has facilitated the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by any other person; or
(c)
the conduct of A outside Singapore was such that it was likely to facilitate the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by A or any other person,and the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) —
(i)
is at the direction of a group which A knows or has reasonable grounds to believe is a locally-linked organised criminal group; or
(ii)
is in furtherance of the illegal purpose of a group which A knows or has reasonable grounds to believe is a locally‑linked organised criminal group.
(5)
For the purposes of this Act, a person (A) is involved in a Part 2 offence if —
(a)
A has committed the Part 2 offence;
(b)
A has facilitated the commission of the Part 2 offence by any other person; or
(c)
the conduct of A was such that it was likely to facilitate the commission of the Part 2 offence by A or any other person.
(6)
For the purposes of this Part and Parts 4 and 5, references to a person who is the subject of an OCPO or FRO are references to a person against whom the public are to be protected.
Clause 15
Organised crime prevention orders
(1)
Subject to the provisions of Part 5, the High Court may, upon the application of the Public Prosecutor, make an organised crime prevention order against a person if, upon giving the person a reasonable opportunity to be heard —
(a)
the court is satisfied, on a balance of probabilities, that the person has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group; and
(b)
the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence, or any serious offence associated with an organised criminal group.
(2)
Subject to the provisions of Part 5, where a court convicts any person for having committed —
(a)
a Part 2 offence; or
(b)
a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13,the court may, upon the application of the Public Prosecutor, and upon giving the person a reasonable opportunity to be heard, make an organised crime prevention order at the time of sentencing the person if the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence or any serious offence associated with an organised criminal group.
(3)
An organised crime prevention order made under this section may contain —
(a)
such prohibitions, restrictions or requirements; and
(b)
such other terms,as the court considers appropriate for the purpose of protection as mentioned in subsection (1) or (2).
(4)
Rules of Court may provide for the manner in which an application under subsection (1) may be made.
(5)
To avoid doubt, any defence that is available to a person who is prosecuted for a Part 2 offence or serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, is also available to the person in any proceedings under this section for the same act.
(6)
A reference in subsection (1) to involvement in a serious offence associated with an organised criminal group includes involvement at any time (whether before, on or after the date of commencement of this section) in a serious offence associated with an organised criminal group.
Clause 16
Type of provision that may be made by organised crime prevention orders
(1)
This section contains examples of the type of provision that may be made by an OCPO but it does not limit the type of provision that may be made by an OCPO.
(2)
Examples of prohibitions, restrictions or requirements that may be imposed on a person who is an individual (including a partner in a partnership) by an OCPO include prohibitions or restrictions on, or requirements in relation to all or any of the following:
(a)
an individual’s financial, property or business dealings or holdings;
(b)
an individual’s working arrangements;
(c)
the means by which an individual communicates or associates with others, or the persons with whom the individual communicates or associates;
(d)
the premises to which an individual has access;
(e)
the use of any premises or item by an individual;
(f)
an individual’s travel (whether within Singapore, between Singapore and other places or otherwise).
(3)
Examples of prohibitions, restrictions or requirements that may be imposed on a person that is a body corporate, partnership, limited liability partnership or unincorporated association by an OCPO include prohibitions or restrictions on, or requirements in relation to all or any of the following:
(a)
the financial, property or business dealings or holdings of the person;
(b)
the types of agreements to which the person may be a party;
(c)
the provision of goods or services by the person;
(d)
the premises to which the persons referred to in section 18(1)(b) to (f) have access;
(e)
the use of any premises or item by the person;
(f)
the employment of staff by the person.
(4)
Examples of requirements that may be imposed on any person (whether an individual, body corporate, partnership, limited liability partnership or unincorporated association) by an OCPO include —
(a)
a requirement on a person to answer questions, or provide information, specified or described in an OCPO —
(i)
at a time, within a period or at a frequency;
(ii)
at a place;
(iii)
in a form and manner; and
(iv)
to a law enforcement officer,notified to the person by a law enforcement officer specified in the OCPO; or
(b)
a requirement on a person to produce documents specified or described in an OCPO —
(i)
at a time, within a period or at a frequency;
(ii)
at a place;
(iii)
in a manner; and
(iv)
to a law enforcement officer,notified to the person by a law enforcement officer specified in the OCPO.
(5)
The prohibitions, restrictions or requirements that may be imposed on an individual by an OCPO include prohibitions, restrictions or requirements in relation to an individual’s private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside).
(6)
Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.
Clause 17
Duration of OCPO
(1)
An OCPO must specify when it is to come into force and when it is to cease to be in force.
(2)
An OCPO is not to be in force for more than 5 years beginning with the coming into force of the OCPO.
(3)
An OCPO may specify different times for the coming into force, or ceasing to be in force, of different provisions of the OCPO.
(4)
Where an OCPO specifies different times in accordance with subsection (3), the OCPO —
(a)
must specify when each provision is to come into force and cease to be in force; and
(b)
is not to be in force for more than 5 years beginning with the coming into force of the first provision of the OCPO to come into force.
(5)
The fact that an OCPO, or any provision of an OCPO, ceases to be in force does not prevent the court which first made the OCPO from making a new OCPO to the same or similar effect.
(6)
A new OCPO may be made in anticipation of an earlier OCPO or provision ceasing to be in force.
Clause 18
Persons against whom OCPO may be made
(1)
An OCPO may be made against —
(a)
an individual, body corporate, partnership, limited liability partnership or unincorporated association;
(b)
an officer or employee of a body corporate or any other person associated with a body corporate;
(c)
a particular partner of a partnership or limited liability partnership;
(d)
a senior officer or employee of a partnership or any other person associated with a partnership;
(e)
a manager or employee of a limited liability partnership, or any other person associated with a limited liability partnership; or
(f)
a member, officer or employee of an unincorporated association, or any other person associated with an unincorporated association.
(2)
An OCPO against a partnership must be made in the name of the partnership (and not in that of any of the partners).
(3)
An OCPO made in the name of a partnership continues to have effect despite a change of partners but only if at least one of the persons who was a partner before the change remains a partner after the change.
(4)
Proceedings for an offence under section 26 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
(5)
A fine imposed on a partnership on its conviction for an offence under section 26 is to be paid out of the partnership assets.
(6)
An OCPO made against an unincorporated association must be made in the name of the association (and not in that of any of its members).
(7)
An OCPO made in the name of an unincorporated association continues to have effect despite a change in the membership of the association but only if at least one of the persons who was a member of the association before the change remains a member after the change.
(8)
Proceedings for an offence under section 26 alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
(9)
A fine imposed on an unincorporated association on its conviction for an offence under section 26 is to be paid out of the funds of the association.
Definition
“officer of an unincorporated association” means any officer of an unincorporated association or any member of its governing body;
Definition
“senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on;
Definition
“unincorporated association” means any body of persons unincorporate but does not include a partnership.
Clause 19
Electronic monitoring of individual subject to OCPO
(1)
Subject to subsection (2), an OCPO may in addition include requirements for securing the electronic monitoring (by means of an electronic monitoring device) of the whereabouts of the individual subject to the OCPO during the period when the OCPO is in force against the individual.
(2)
A court must not make an OCPO which includes the requirements referred to in subsection (1) unless the court is satisfied that electronic monitoring arrangements can be made by a law enforcement officer specified in the OCPO.
(3)
Electronic monitoring arrangements made under this section may include entering into contracts with other persons for the electronic monitoring (by means of an electronic monitoring device) by them of the whereabouts of the individual subject to an OCPO.
Clause 20
Compliance with orders: authorised monitors
(1)
An OCPO against a body corporate, partnership, limited liability partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with —
(a)
a specified person; or
(b)
any person who falls within a specified description of persons,to perform specified monitoring services or monitoring services of a specified description.
(2)
A person with whom the law enforcement agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor.
(3)
An OCPO which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 16(4) as if the references in that provision to a law enforcement officer included references to an authorised monitor.
(4)
A law enforcement agency must inform the subject of an OCPO which provides for an authorised monitor of the name of, and an address for, any person with whom the agency has entered into arrangements in accordance with the authorisation in the OCPO.
(5)
Nothing in this section affects the ability of law enforcement agencies to enter into arrangements otherwise than in accordance with an authorisation under this section.
Definition
“monitoring services” means —
(a)
analysing some or all information received in accordance with an OCPO;
(b)
reporting to a law enforcement officer as to whether, on the basis of the information and any other information analysed for this purpose, the subject of the OCPO appears to be complying with the OCPO or any part of it; and
(c)
any related services;
Part 4
FINANCIAL REPORTING ORDERS
Clause 21
Financial reporting order
(1)
Subject to the provisions of Part 5, the High Court may, upon the application of the Public Prosecutor, make a financial reporting order against an individual if, upon giving the individual a reasonable opportunity to be heard —
(a)
the court is satisfied, on a balance of probabilities, that the individual has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group; and
(b)
the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the individual in any Part 2 offence, or any serious offence associated with an organised criminal group.
(2)
Subject to the provisions of Part 5, where a court convicts any individual for having committed —
(a)
a Part 2 offence; or
(b)
a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13,the court may, upon the application of the Public Prosecutor, and upon giving the individual a reasonable opportunity to be heard at the time of sentencing the individual, make a financial reporting order if the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the individual in any Part 2 offence, or any serious offence associated with an organised criminal group.
(3)
Rules of Court may provide for the manner in which an application under subsection (1) may be made.
(4)
To avoid doubt, any defence that is available to a person who is prosecuted for a Part 2 offence, or serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, is also available to the individual in any proceedings under this section for the same act.
(5)
A reference in subsection (1) to involvement in a serious offence associated with an organised criminal group includes involvement at any time (whether before, on or after the date of commencement of this section) in a serious offence associated with an organised criminal group.
Clause 22
Duration of FRO
(1)
An FRO —
(a)
comes into force when it is made; and
(b)
has effect for the period specified in the order, beginning with the date on which it is made.
(2)
If the FRO is made under section 21(1), the period referred to in subsection (1)(b) must not exceed 5 years.
(3)
If the FRO is made under section 21(2), the period referred to in subsection (1)(b) must not exceed a period equal to the sentence of imprisonment imposed by the court for the offence referred to in section 21(2) plus 5 years.
(4)
The fact that an FRO ceases to be in force does not prevent the court which first made the FRO from making a new FRO to the same or similar effect.
(5)
A new FRO may be made in anticipation of an earlier FRO ceasing to be in force.
Clause 23
Effect of financial reporting orders
(1)
A person in relation to whom an FRO has effect must —
(a)
make a financial report, in respect of —
(i)
the period of a specified length beginning with the date on which the order comes into force; and
(ii)
subsequent periods of specified lengths, each period beginning immediately after the end of the previous one;
(b)
set out in each financial report, in the specified manner, such particulars of the person’s financial affairs relating to the period in question as may be specified;
(c)
include any specified documents with each financial report;
(d)
make each financial report within the specified number of days after the end of the period in question; and
(e)
make each financial report to the specified person.
Part 5
GENERAL PROVISIONS RELATING TO OCPO AND FRO
Clause 24
Powers of law enforcement officers to retain documents
(1)
A law enforcement officer —
(a)
may take and retain copies of, or extracts from, any document produced to a law enforcement officer in pursuance of an OCPO or FRO; and
(b)
may retain any document so produced for as long as he or she considers that it is necessary to retain it (rather than any copy of it) for the purposes for which the document was obtained.
(2)
A law enforcement officer may retain any document produced to him or her in pursuance of an OCPO or FRO until the conclusion of any legal proceedings if he or she has reasonable grounds for believing that the document —
(a)
may have to be produced for the purposes of those proceedings; and
(b)
might be unavailable unless retained.
Clause 25
Verification and disclosure of OCPO and FRO
(1)
In this section, “the specified person” means —
(a)
in relation to an OCPO, the law enforcement officer specified in the OCPO who receives any answer or information from the person who is subject to the OCPO; and
(b)
in relation to an FRO, the person to whom reports under the FRO are to be made.
(2)
The specified person may, for the purpose of doing either of the things mentioned in subsection (4) —
(a)
in relation to an OCPO, disclose any answer or information to any person who the specified person reasonably believes may be able to contribute to doing either of those things; and
(b)
in relation to an FRO, disclose a report to any person who the specified person reasonably believes may be able to contribute to doing either of those things.
(3)
Any other person may disclose information to —
(a)
the specified person; or
(b)
a person to whom the specified person has disclosed a report,for the purpose of contributing to doing either of the things mentioned in subsection (4).
(4)
In subsections (2) and (3), the things mentioned are —
(a)
checking the accuracy of the answer, information or report, or of any other report made pursuant to the same order; or
(b)
discovering the true position.
(5)
The specified person may also disclose any answer, information, or report for the purposes of the prevention, detection, investigation or prosecution of offences in Singapore.
(6)
A disclosure under this section does not breach —
(a)
any obligation of confidence owed by the person making the disclosure; or
(b)
any other restriction however imposed (other than a restriction imposed under any written law) on the disclosure of information.
(7)
In this section, references to a report include any of its contents, any document included with the report, or any of the contents of such a document.
Clause 26
Failure to comply with OCPO or FRO
(1)
A person must not, without reasonable excuse, fail to comply with an OCPO or FRO.
(2)
Despite anything in the Criminal Procedure Code (Cap. 68), a person is not excused from complying with an OCPO or FRO on the ground that the supply of any information might tend to incriminate the person or make the person liable to a penalty.
(3)
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or
(b)
in any other case, to a fine not exceeding $20,000.
(4)
In proceedings for an offence under this section, a copy of the original OCPO or FRO or any variation of it, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.
(5)
A person who, without reasonable excuse, includes false or misleading information pursuant to any requirement to provide information specified or described in an OCPO or FRO shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or
(b)
in any other case, to a fine not exceeding $20,000.
Clause 27
Any individual must be 16 or older
An OCPO or FRO must not be made against an individual who, at the time the OCPO or FRO is made, is below 16 years of age.
Clause 28
Right of third parties to make representations
(1)
A court must, before making an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before it about the making of the OCPO or FRO if it considers that the making of the OCPO or FRO would be likely to have a significant adverse effect on that person.
(2)
A court must, before varying an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before it about the variation of the OCPO or FRO if it considers that —
(a)
the variation of the OCPO or FRO; or
(b)
a decision not to vary it,would be likely to have a significant adverse effect on that person.
(3)
A court must, before discharging an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before it about the discharge of the OCPO or FRO if it considers that —
(a)
the discharge of the OCPO or FRO; or
(b)
a decision not to discharge it,would be likely to have a significant adverse effect on that person.
(4)
A court which is considering an appeal in relation to an OCPO or FRO must, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.
(5)
Rules of Court may provide for the manner in which any application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Clause 29
Notice requirements in relation to OCPO or FRO
(1)
The subject of an OCPO or FRO is bound by it, or a variation of it, only if —
(a)
he or she is represented (whether in person or otherwise) at the proceedings at which the OCPO or FRO or (as the case may be) variation is made; or
(b)
a notice setting out the terms of the OCPO or FRO or (as the case may be) variation has been served on him or her.
(2)
The notice to be served on an individual must, as far as is reasonably practicable, be served by delivering it personally to that individual.
(3)
A notice to be served on a body corporate or a limited liability partnership must, as far as is reasonably practicable, be served by delivering it to the director, manager or secretary, or other like officer of the body corporate or limited liability partnership, at its registered office or principal place of business, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership.
(4)
A notice to be served on a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served by delivering it to any one of the partners or the secretary, or other like officer of the partnership, at its registered office or principal place of business, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership.
(5)
A notice to be served on an unincorporated association must, as far as is reasonably practicable, be served by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association.
(6)
Despite subsections (2) to (5), a notice may be served in any manner if any of the following persons, as the case may be, consents to such mode of service:
(a)
the person on whom the notice is to be served;
(b)
the director, manager or secretary or other like officer of a body corporate or limited liability partnership on whom the notice is to be served;
(c)
any of the partners or the secretary or other like officer of a partnership (other than a limited liability partnership) on whom the notice is to be served;
(d)
the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the notice is to be served.
(7)
Where a notice is to be served on a person who cannot, by the exercise of due diligence, be found, the notice may be served by leaving a copy of the notice for the person with some adult member of the person’s family or with the person’s employee residing with the person.
(8)
Where a notice is to be served on a person who cannot, by the exercise of due diligence, be found, and the notice cannot be effected in accordance with subsection (7), the serving officer must affix a copy of the notice to some conspicuous part of the place in which the person to be served with the notice ordinarily resides, and in such a case, the notice, if the court so directs before or after such affixing, is deemed to have been duly served.
Clause 30
Restrictions relating to other written law, etc.
Except as provided in section 26(2), an OCPO or FRO may not require a person to answer any question, provide any information or produce any document if —
(a)
the disclosure concerned is prohibited under any other written law; or
(b)
the information or document is an item subject to legal privilege.
Clause 31
Restrictions on use of information obtained
A statement made by a person in response to a requirement imposed by an OCPO or FRO may not be used in evidence against the person in any criminal proceedings unless the statement —
(a)
is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act (Cap. 97); or
(b)
is used in proceedings for an offence under section 26.
Clause 32
Variation of OCPO or FRO
(1)
An application for the variation of an OCPO or FRO under this section may be made by the following persons to the court which first made the OCPO or FRO:
(a)
the Public Prosecutor;
(b)
the person who is the subject of the OCPO or FRO;
(c)
any other person.
(2)
A court may, on an application under this section by the Public Prosecutor, vary an OCPO or FRO if it has reasonable grounds to believe that the terms of the OCPO or FRO as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the OCPO or FRO, in a Part 2 offence, or a serious offence associated with an organised criminal group.
(3)
Where an application is made under subsection (1), any term of the OCPO or FRO in relation to which the variation is applied for continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court.
(4)
The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.
(5)
The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that —
(a)
the person is adversely affected by the order significantly;
(b)
condition A or B as specified in subsection (6) or (7), respectively, is met; and
(c)
the application is not for the purpose of making the OCPO or FRO more onerous on the person who is the subject of it.
(6)
Condition A is that —
(a)
the person falling within subsection (1)(c) —
(i)
has, on an application under section 28, been given an opportunity to make representations; or
(ii)
has made an application otherwise than under that section in relation to the OCPO or FRO; and
(b)
there has been a material change of circumstances affecting the OCPO or FRO.
(7)
Condition B is that —
(a)
the person falling within subsection (1)(c) has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and
(b)
it was reasonable in all the circumstances for the person not to have done so.
(8)
A variation on an application by the Public Prosecutor may include an extension of the period during which the OCPO or FRO, or any provision of it, is in force (subject to the original limits imposed on the OCPO or FRO by sections 17 and 22, respectively).
(9)
Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Clause 33
Discharge of OCPO or FRO
(1)
An application for the discharge of an OCPO or FRO may be made by the following persons to the court which first made the OCPO or FRO:
(a)
the Public Prosecutor;
(b)
the person who is the subject of the OCPO or FRO;
(c)
any other person.
(2)
Where an application is made under subsection (1) in relation to an OCPO or FRO, the OCPO or FRO continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court which first made the OCPO or FRO.
(3)
The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.
(4)
The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that —
(a)
the person is adversely affected by the OCPO or FRO significantly; and
(b)
condition A or B as specified in subsection (5) or (6), respectively, is met.
(5)
Condition A is that —
(a)
the person, in earlier proceedings in relation to the OCPO or FRO —
(i)
has, on an application under section 28, been given an opportunity to make representations; or
(ii)
has made an application otherwise than under that section in relation to the OCPO or FRO; and
(b)
there has been a material change of circumstances affecting the OCPO or FRO.
(6)
Condition B is that —
(a)
the person has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and
(b)
it was reasonable in all the circumstances for the person not to have done so.
(7)
Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Clause 34
Right of appeal from High Court or State Court
(1)
An appeal may be made to the Court of Appeal or High Court in relation to a decision of the High Court, or of a District Court or Magistrate’s Court, respectively —
(a)
to make, or not to make, an OCPO or FRO;
(b)
to include, or not to include, any provision in an OCPO or FRO;
(c)
to vary, or not to vary, all or any of the provisions in an OCPO or FRO; or
(d)
to discharge, or not to discharge, an OCPO or FRO,by any of the relevant parties, or any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 28(1), (2) or (3), as the case may be.
(2)
Where an appeal is made under subsection (1), an OCPO or FRO continues to have effect from the time it is made despite the appeal, and only ceases to have effect if the appeal is allowed by the Court of Appeal or High Court, as the case may be.
(3)
Rules of Court may provide for the manner in which an appeal under subsection (1) may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
(4)
Division 1 of Part XX to the Criminal Procedure Code (Cap. 68) applies to an appeal by the person referred to in subsection (1) in relation to an OCPO or FRO made under section 15(2) or 21(2), respectively.
Clause 35
Acquittal or pardon does not impact on subsequent making of OCPO or FRO
(1)
An application for an OCPO or FRO may be made under section 15(1) or 21(1) even after a person —
(a)
is acquitted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or
(b)
is convicted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, and the person is subsequently acquitted pursuant to an appeal against the conviction, or is granted a pardon by the President in respect of the conviction.
(2)
An OCPO or FRO made under section 15(2) or 21(2) ceases to have effect if the person subject to the OCPO or FRO —
(a)
is subsequently acquitted pursuant to an appeal against the conviction; or
(b)
is granted a pardon by the President in respect of the conviction.
Clause 36
Transfer of case to trial court to make OCPO or FRO upon conviction on appeal
(1)
Where —
(a)
a person (A) is acquitted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13;
(b)
upon an appeal against the acquittal, A is subsequently convicted by an appellate court; and
(c)
the Public Prosecutor informs the appellate court that it intends to make an application for an OCPO or FRO against A,the appellate court which convicted A may order the case to be transferred to the trial court for the application to be made.
(2)
Where any case is transferred to the trial court under subsection (1), any application for an OCPO or FRO to the trial court in relation to A is deemed to be an application made under section 15(2) or 21(2), respectively.
Clause 37
Evidence obtained in investigations may be used in proceedings for OCPO or FRO
To avoid doubt, any book, document, statement or other information obtained in the exercise of any power under this Act or any other written law, is not inadmissible in any proceedings relating to an OCPO or FRO by reason only that it was first obtained in the exercise of that power; and the admissibility of such matter is to be determined in accordance with the rules of evidence under any written law and any relevant rules of law.
Clause 38
Disclosure of information in accordance with orders
A person who complies with a requirement imposed by an OCPO or FRO to answer questions, provide information or produce documents, does not breach —
(a)
any obligation of confidence; or
(b)
any other restriction however imposed (other than a restriction imposed under any written law) on making the disclosure concerned.
Part 6
DISQUALIFICATION ORDERS
Clause 39
Disqualification to act as director on conviction of certain offences
(1)
Without prejudice to section 154 of the Companies Act (Cap. 50), where a person —
(a)
is convicted of any Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or
(b)
contravenes an OCPO or FRO, which was made upon the conviction for any offence,the court may, upon an application by the Public Prosecutor, make a disqualification order in addition to any other sentence imposed.
(2)
A person who has a disqualification order made against him or her under subsection (1) must not act as a director of a company or of a foreign company to which Division 2 of Part XI of the Companies Act applies, and the person must not take part, whether directly or indirectly, in the management of such a company or foreign company.
(3)
Where a person disqualified under this section is sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years after the person’s release from prison.
(4)
Where a person disqualified under this section is not sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years, or for such shorter period as the court may specify in the disqualification order.
(5)
A person who acts in contravention of a disqualification order made under subsection (1) 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 2 years or to both.
(6)
A person disqualified under this section may, upon giving the Minister responsible for the administration of Part V of the Companies Act not less than 14 days’ notice, apply for leave —
(a)
to act as a director of a company or of a foreign company to which Division 2 of Part XI of the Companies Act applies; or
(b)
to take part, whether directly or indirectly, in the management of such a company or foreign company.
(7)
Upon the hearing of any application made under subsection (6), the Minister may be represented at the hearing and may oppose the granting of the application.
Part 7
POWERS TO INVESTIGATE AND TO OBTAIN INFORMATION FROM COMPTROLLER OF INCOME TAX AND COMPTROLLER OF GOODS AND SERVICES TAX
Clause 40
Powers of law enforcement officers
(1)
A law enforcement officer may investigate any offence under this Act which is disclosed in the course of investigating into any other offence under any other written law which charges the law enforcement officer with the duty of investigating that other offence.
(2)
A law enforcement officer may also investigate any offence under section 26, 39 or 73(12), or any offence under section 33 or 34(6) of the Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) as applied by section 72.
(3)
If —
(a)
a law enforcement officer conducts an investigation into any offence under this Act pursuant to subsection (1); and
(b)
in the course of the investigation, no offence is disclosed under the other written law charging the law enforcement officer with the duty of investigating offences under the other written law,the law enforcement officer may continue to conduct the investigation into the offence under paragraph (a).
(4)
In investigating any offence (A) under this Act pursuant to subsection (1), (2) or (3), a law enforcement officer may exercise any power of investigation of an offence (B) under any provision of any other written law which charges the law enforcement officer with the duty of investigating offence (B), as if a reference in that provision to offence (B) were a reference to offence (A).
(5)
Any evidence obtained by a law enforcement officer during an investigation under this section may, subject to any written law relating to the admissibility of evidence, be admitted in any civil or criminal proceedings under this Act.
(6)
To avoid doubt, nothing in this section affects the power of investigation of a police officer under the Criminal Procedure Code (Cap. 68).
Clause 41
Power to obtain information from Comptroller of Income Tax and Comptroller of Goods and Services Tax
(1)
In the course of any investigation or proceedings into or relating to an offence punishable under this Act, the Public Prosecutor may, despite anything in any other written law to the contrary, by written notice require the Comptroller —
(a)
to furnish, as specified in the notice, all information available to the Comptroller relating to the affairs of that person or of the person’s parents, siblings, spouse, son or daughter; and
(b)
to produce or furnish, as specified in the notice, any document or a certified copy of any document relating to that person or the person’s parents, siblings, spouse, son or daughter which is in the possession or under the control of the Comptroller.
(2)
The Comptroller to whom a notice is sent by the Public Prosecutor under subsection (1) is, despite the provisions of any written law or any oath of secrecy to the contrary, legally bound to comply with the terms of that notice within such time as may be specified therein.
(3)
In this section, “Comptroller” means —
(a)
the Comptroller of Income Tax, or any Deputy Comptroller or Assistant Comptroller of Income Tax appointed under section 3(1) of the Income Tax Act (Cap. 134); or
(b)
the Comptroller of Goods and Services Tax, or any Deputy Comptroller or Assistant Comptroller of Goods and Services Tax appointed under section 4 of the Goods and Services Tax Act (Cap. 117A).
Part 8
DISCLOSURE AND TIPPING-OFF
Clause 42
Non-disclosure of information and identity of informer
(1)
Except as provided in subsection (3) —
(a)
no information provided by an informer for an offence punishable under this Act is to be admitted in evidence in any civil or criminal proceedings; and
(b)
no witness in any civil or criminal proceedings is obliged —
(i)
to disclose the name and address of any informer who has given information with respect to an offence punishable under this Act; or
(ii)
to answer any question if the answer to that question would lead, or would tend to lead, to the discovery of the name or address of the informer.
(2)
If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the informer’s discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.
(3)
If —
(a)
in any proceedings before a court for an offence punishable under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or
(b)
in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer,the court may permit inquiry and require full disclosure concerning the informer.
Clause 43
Disclosure of information by informer
A person who provides information to a law enforcement officer for an offence punishable under this Act does not breach —
(a)
any obligation of confidence; or
(b)
any other restriction however imposed (other than a restriction imposed under any written law) on the provision of information.
Clause 44
Tipping-off
(1)
Any person —
(a)
who knows or has reasonable grounds to suspect that a law enforcement 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; and
(b)
who 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)
Nothing in subsection (1) makes it an offence for an advocate and solicitor or his or her employee to disclose any information or other matter —
(a)
to, or to a representative of, a client of his or hers 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
(b)
to any person —
(i)
in contemplation of, or in connection with, legal proceedings concerning the client; and
(ii)
for the purpose of those proceedings.
(3)
Nothing in subsection (1) makes it an offence for a legal counsel in an entity or a person acting under his or her supervision to disclose any information or other matter —
(a)
to the entity in connection with the giving of advice to the entity, or any officer or employee of the entity, in the course of and for the purpose of his or her employment as such legal counsel; or
(b)
to any person —
(i)
in contemplation of, or in connection with, legal proceedings concerning the employer; and
(ii)
for the purpose of those proceedings.
(4)
Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act (Cap. 50), subsection (3) applies in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations.
(5)
Where a legal counsel is employed by a public agency and is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (3) applies in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second‑mentioned public agency or agencies.
(6)
Subsections (2) and (3) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.
(7)
In proceedings against a person for an offence under subsection (1), it is a defence to prove that the person 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).
(8)
A person is not guilty of an offence under this section in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or other penal legislation.
Definition
“investigation” includes an application for an examination order under section 73, or an application under section 30, 31, 34 or 42 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) as applied by section 72;
Definition
“legal counsel” has the same meaning as in section 3(7) of the Evidence Act (Cap. 97);
Definition
“public agency” has the same meaning as in section 128A(6) of the Evidence Act.
Part 9
CONFISCATION OF BENEFITSFROM ORGANISED CRIME ACTIVITIES
Clause 45
Purpose of Part
(1)
The purpose of this Part is to establish a regime for the confiscation of benefits from organised crime activities.
(2)
The regime so established proposes to —
(a)
eliminate the chance for persons to profit from carrying out organised crime activity; and
(b)
remove any incentive for persons to carry out organised crime activity, and reduce their ability to do so.
Clause 46
Interpretation of Part
Definition
“CDSA” means the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A);
Definition
“realisable property” means —
(a)
any property held by the subject; and
(b)
any property held by a person to whom the subject has, directly or indirectly, made a gift caught by this Part;
Definition
“realisation power” means any power under section 19 of the CDSA as applied by section 70;
Definition
“statutory period”, in relation to a confiscation order or an application for a confiscation order, means —
(a)
if the application for the confiscation order is preceded by a restraint order or charging order (or both) concerning the same subject and organised crime activity, the period of 7 years before the date of application for the restraint order or charging order or, if more than one of those orders were made, the earlier or earliest application for either of those orders; or
(b)
if the application for the confiscation order is not preceded by a restraint order or charging order concerning the same subject and organised crime activity, the period of 7 years before the date of application for the confiscation order;
Definition
“statutory period”, in relation to an application for a restraint order or charging order, means the period of 7 years before the date of application for the order or, if one or more such orders concerning the same subject and organised crime activity were made previously, the earlier or earliest application for either of those orders;
Definition
“subject” —
(a)
in relation to a restraint order, a charging order, an order under section 19 of the CDSA as applied by section 70, an order under section 30, 31, 34 or 42 of the CDSA as applied by section 72, or an application for any of those orders, means the person identified in the application as the one who has carried out organised crime activity;
(b)
in relation to an application for a confiscation order, means the person against whom the order is sought; or
(c)
in relation to a confiscation order that has been made, means the person against whom the order is made.
(2)
In this Part —
(a)
property is held by a person if the person holds any interest in it;
(b)
a reference to property held by a person includes a reference to property vested in the person’s trustee in bankruptcy or liquidator;
(c)
property is transferred by one person to another if the first person transfers or grants to the other any interest in the property; and
(d)
a reference to an interest held by a person beneficially in property includes a reference to an interest which would be held by the person beneficially if the property were not so vested in the person’s trustee in bankruptcy or liquidator.
Clause 47
Meaning of “gift caught by this Part”
(1)
In this Part, a gift is caught by this Part if it was made by the subject at any time (including before the date of commencement of this Part) —
(a)
in the case of a restraint order or charging order, in the period of 6 years before the date of application for the order or, if one or more such orders were made previously concerning the same subject and organised crime activity, the earlier or earliest application for either of those orders;
(b)
in the case of a confiscation order —
(i)
if the application for the confiscation order is preceded by a restraint order or charging order (or both) concerning the same subject and organised crime activity, in the period of 6 years before the date of application for the restraint order or charging order or, if more than one of those orders were made, the earlier or earliest application for either of those orders; or
(ii)
if the application for the confiscation order is not preceded by a restraint order or charging order concerning the same subject and organised crime activity, in the period of 6 years before the date of application for the confiscation order.
(2)
In this Part, a gift is also caught by this Part if it was made by the subject at any time (including before the date of commencement of this Part) and which is or is part of the benefits derived by the subject from the organised crime activity.
(3)
In this Part, the circumstances in which the subject is to be treated as making a gift include circumstances where the subject transfers property to another person directly or indirectly, for a consideration the value of which is significantly less than the value of the consideration provided by the subject.
Clause 48
Meaning and proof of “organised crime activity”
(1)
In this Part, “organised crime activity” means any activity —
(a)
carried out by a person in Singapore that amounts to a serious offence and —
(i)
is carried out at the direction of a group which the person knows or has reasonable grounds to believe is an organised criminal group; or
(ii)
is carried out in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is an organised criminal group;
(b)
carried out by a person outside Singapore that amounts to a serious offence and —
(i)
is carried out at the direction of a group which the person knows or has reasonable grounds to believe is a locally‑linked organised criminal group; or
(ii)
is carried out in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is a locally-linked organised criminal group; or
(c)
carried out by a person that amounts to a Part 2 offence.
(2)
A person carries out an activity referred to in subsection (1) whether or not —
(a)
the person is charged with or convicted of an offence in connection with the activity;
(b)
the person is acquitted of an offence in connection with the activity, including on appeal; or
(c)
the President grants a pardon in respect of the person’s conviction.
(3)
A reference in subsection (1)(a) or (b) to a serious offence includes an abetment of, or a conspiracy or an attempt to commit, the serious offence.
(4)
To avoid doubt, any defence that is available to a person who is prosecuted for an offence constituting the organised crime activity is also available to the subject in any proceedings under this Part for the same organised crime activity.
Clause 49
Application of Part
(1)
This Part applies in respect of organised crime activity which —
(a)
if it is one that amounts to an offence referred to in section 48(1)(a) or (b), is carried out before, on or after the date of commencement of this Part; or
(b)
if it is one that amounts to an offence referred to in section 48(1)(c), is carried out on or after the date of commencement of Part 2.
(2)
This Part applies to any property, whether situated in Singapore or elsewhere.
Clause 50
Nature of proceedings
Proceedings under this Part (other than offences under provisions of the CDSA incorporated by section 72) are civil proceedings.
Clause 51
No criminal proceedings required for confiscation order, etc.
The organised crime activity on which a confiscation order, restraint order or charging order is based does not need to be, or to have been, the subject of any criminal proceedings.
Clause 52
Confiscation order must not impact on sentence
A court sentencing a person for an offence referred to in section 48(1) must not take into account any confiscation order, or any application or proposed application for a confiscation order, in determining the appropriate sentence or other manner of dealing with the person for the offence.
Clause 53
Acquittal, etc., does not impact on confiscation
(1)
Subsection (2) applies if criminal proceedings are instituted or pending or have been discontinued or determined in respect of any organised crime activity that is the basis for —
(a)
a restraint, charging or confiscation order; or
(b)
an application for such an order.
(2)
If this subsection applies, the order or application is not affected by the criminal proceedings, even if —
(a)
the subject is acquitted, or is acquitted on appeal; or
(b)
the President grants a pardon in respect of the subject’s conviction.
Clause 54
Evidence obtained in investigations may be used in proceedings under this Part
To avoid doubt, any book, document, statement or other information obtained in the exercise of any power under this Act or any other written law is not inadmissible in any proceedings under this Part by reason only that it was first obtained in the exercise of that power; and the admissibility of such matter is to be determined in accordance with the rules of evidence under any written law and any relevant rules of law.
Clause 55
Confiscation order not affected by CDSA confiscation order
A confiscation order is not affected by an application for or the making of a confiscation order under the CDSA in relation to the same subject and organised crime activity.
Clause 56
Application for restraint or charging order
A restraint order or charging order —
(a)
may be made only on an application by the Public Prosecutor;
(b)
must be made to the Court and may be made on an ex parte application to a Judge in chambers; and
(c)
must provide for notice to be given to persons affected by the order.
Clause 57
Restraint orders
(1)
The Court, when hearing an application for a restraint order, may, if it has reasonable grounds to believe that the subject has carried out organised crime activity within the statutory period, make an order that realisable property is not to be disposed of, or dealt with, other than as provided for in the restraint order.
(2)
A restraint order may be subject to such conditions and exceptions as the Court may specify in the order.
(4)
In this section, dealing with property held by any person includes —
(a)
where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and
(b)
removing the property from Singapore.
Clause 58
Charging orders
(1)
The Court, when hearing an application for a charging order, may, if it has reasonable grounds to believe that the subject has carried out organised crime activity within the statutory period, make a charging order on realisable property for securing the payment to the Government —
(a)
where a confiscation order has not been made, of an amount equal to the value from time to time of the property charged; or
(b)
in any other case, of an amount not exceeding the amount payable under the confiscation order.
(2)
A charging order is an order imposing on any property specified in the order a charge for securing the payment of money to the Government.
(3)
A charging order may be subject to such conditions and exceptions as the Court may specify in the order.
Clause 59
Duration of orders
(1)
A restraint or charging order expires on the earlier of the following:
(a)
the date that is the end of the period of 3 months after the date on which the order is made;
(b)
the date of the satisfaction of, or the refusal by the Court to make, a confiscation order concerning the same subject and organised crime activity.
(2)
Despite subsection (1) —
(a)
if the Court refuses to make a confiscation order, but the Public Prosecutor indicates that the Public Prosecutor will appeal that decision, a restraint or charging order expires on the date specified in subsection (4);
(b)
if a restraint or charging order is made on an ex parte application, it has effect until a day fixed for the hearing inter partes of the application, unless the Court otherwise directs; and
(c)
subject to paragraph (a), if the duration of a restraint or charging order is extended by the Court, the restraint or charging order expires on the date specified by the Court under section 60.
(3)
On the expiry of a restraint or charging order, any further order associated with that restraint or charging order also expires.
(4)
If subsection (2)(a) applies, a restraint or charging order that is in force when the Court refuses to make a confiscation order does not expire until —
(a)
the last day of the prescribed period from the date of that decision, if a notice of appeal has not been lodged on or before that day; or
(b)
if a notice of appeal has been lodged on or before the last day mentioned in paragraph (a), the day that appeal is withdrawn or dismissed or (if the appeal is allowed) such later day as the court hearing the appeal determines.
(5)
Despite any provision of this section, the Court —
(a)
may make an order discharging a restraint or charging order in relation to any property; and
(b)
must make an order discharging a charging order if the amount, payment of which is secured by the charge, is paid into Court.
Clause 60
Extending duration of order
(1)
If the Court has made a restraint or charging order, the Public Prosecutor may, before the order expires, apply to the Court to extend its duration.
(2)
The Public Prosecutor must serve a copy of the application on any person who, to the knowledge of the Public Prosecutor, will be affected by the order.
(3)
The Court may on such application order that the operation of the restraint or charging order be extended for a period not exceeding 3 months.
(4)
On making an order of extension, the Court may vary the restraint or charging order in any way it considers fit, including, without limitation, by specifying whether all or part of the property in question is to remain subject to the restraint or charging order during the extended period of operation.
(5)
The duration of a restraint or charging order may be extended more than once under this section.
(6)
If, before a restraint or charging order would otherwise expire under section 59(1), an application is made to the Court under this section and the application is granted, the restraint or charging order expires on the date specified in the Court’s order.
Clause 61
Application for confiscation order
(2)
The Court is to make a confiscation order against a subject if it is satisfied on a balance of probabilities that —
(a)
the subject has carried out organised crime activity within the statutory period; and
(b)
the subject has derived benefits from the organised crime activity.
(3)
For the purposes of subsection (2), if it is proved on a balance of probabilities that the subject holds or has at any time (whether before, on or after the date of commencement of this Part) held any property or any interest in the property (including income accruing from such property or interest) disproportionate to the subject’s known sources of income, the holding of which cannot be explained to the satisfaction of the Court, then the subject is, until the contrary is proved on a balance of probabilities, presumed to have derived benefits from the organised crime activity.
(4)
For the purposes of subsection (3), any expenditure by the subject (whether incurred before, on or after the date of commencement of this Part) is, until the contrary is proved, presumed to have been met out of the subject’s benefits from the organised crime activity.
Clause 62
Amount to be recovered under confiscation order
(1)
The amount to be recovered from the subject under the confiscation order is the amount the Court assesses to be the value of the benefits the subject derived from the organised crime activity carried out within the statutory period.
(2)
For the purposes of this section —
(a)
the benefits derived by the subject from the organised crime activity is any property or any interest in property (including income accruing from such property or interest) held by the subject at any time, whether before, on or after the date of commencement of this Part, being property or interest that is disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court; and
(b)
the value of the benefits derived by the subject from the organised crime activity is the sum of the values of the properties and interests referred to in paragraph (a).
(3)
In determining the value of benefits under subsection (2)(b), the Court must leave out of account the value of any benefits of organised crime activity that are shown to the Court to have been taken into account in determining the amount to be recovered under any confiscation order previously made against the subject under this Act or the CDSA.
(4)
The amount in the confiscation order is recoverable from the subject by the Attorney-General in any civil court of competent jurisdiction as though it were a judgment debt due to the Government.
Clause 63
Confiscation order if subject has absconded or died
(1)
The Court may make a confiscation order even if the subject has absconded or died.
(2)
In subsection (1), a subject has absconded if the subject is outside jurisdiction, or is unable to be found in the period of 6 months before the date of the application for the confiscation order despite all reasonable efforts having been made to find the subject.
Clause 64
Settlement
(1)
The Public Prosecutor may enter into a settlement with any person as to any property or any sum of money to be confiscated under this Part.
(3)
The Court may approve the settlement if it is satisfied that it is consistent with —
(a)
the purposes of this Part; and
(b)
the overall interests of justice.
Clause 65
Effect of death on proceedings
(1)
Where the power conferred by this Part to make a confiscation order is to be exercised in relation to a deceased subject, the order is to be made against the estate of the deceased subject.
(2)
Sections 61(3) and (4) and 62(2) and (3) do not apply to any deceased subject.
(3)
The following provisions apply in determining whether a deceased subject had derived benefits from organised crime activity carried out by the subject within the statutory period and in determining those benefits and the value of those benefits:
(a)
a deceased subject is, until the contrary is proved on a balance of probabilities, presumed to have derived benefits from the organised crime activity if the subject had, at any time (whether before, on or after the date of commencement of this Part) since the beginning of the period of 6 years ending at the date of the subject’s death, held any property or interest in property disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court;
(b)
the benefits derived by a deceased subject from the organised crime activity is any property or interest in property held by the subject during the period mentioned in paragraph (a), being property or interest disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court;
(c)
the value of the benefits derived by a deceased subject from the organised crime activity is the sum of the values of those properties and interests less the value of any benefits of organised crime activity that are shown to the Court to have been taken into account in determining the amount to be recovered under any confiscation order previously made against the deceased subject under this Act or the CDSA.
(4)
In this section, a reference to property or interest in property includes a reference to income accruing from such property or interest.
Clause 66
Exclusion of subject’s property for undue hardship
(1)
On application by a subject within the prescribed time after a confiscation order has been made, the Court may exclude any property held by the subject from the exercise of any realisation power, if the Court is satisfied that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the subject if the power is exercised in relation to that property.
(2)
The circumstances to which the Court may have regard under subsection (1) include, without limitation —
(a)
the use that is ordinarily made, or was intended to be made, of the property;
(b)
the nature and extent of the subject’s interest in the property; and
(c)
the circumstances of the organised crime activity concerned.
(3)
Nothing in this section prevents the exercise of any realisation power over property excluded under subsection (1) if —
(a)
after the exercise of the realisation powers on other property, there is still a debt due to the Government under section 62(4); and
(b)
the subject agrees to the exercise of those powers over the property excluded under subsection (1) in order to pay all or part of that debt.
Clause 67
Relief for third party
(1)
On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court may grant such relief in relation to the exercise of any realisation power on any property held by that person as the Court considers appropriate if the Court is satisfied that, having regard to all the circumstances, undue hardship is reasonably likely to be caused to the person if the realisation power is exercised in relation to that property.
(2)
The circumstances to which the Court may have regard under subsection (1) include, without limitation —
(a)
the use that is ordinarily made, or was intended to be made, of the property;
(b)
the nature and extent of the person’s interest in the property;
(c)
the degree, if any, to which the person had knowledge of the organised crime activity concerned; and
(d)
the circumstances of the organised crime activity concerned.
(3)
On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court must grant such relief in relation to the exercise of any realisation power on property held by that person as the Court considers appropriate, if the Court is satisfied that —
(a)
the person was not in any way involved in the organised crime activity concerned;
(b)
the person had acquired the interest without knowing, and in circumstances that would not have aroused a reasonable suspicion, that the subject was involved in organised crime activity or the property were the benefits of such activity (if applicable); and
(c)
the person had acquired the interest for sufficient consideration.
(4)
The Court is to exercise its power under subsection (3) with a view to allowing the person to retain or recover such value of any property held by the person.
(5)
Regulations may be made under this Act for defining the value of property for the purposes of subsection (4).
Clause 68
Compensation
(1)
If —
(a)
no proceedings under Division 3 are instituted against the subject or such proceedings are withdrawn;
(b)
such proceedings are instituted but the Court refuses to make a confiscation order against the subject; or
(c)
the confiscation order against the subject is revoked on appeal,the Court may, on application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the Court considers it appropriate to make such order.
(2)
The Court must not order compensation under subsection (1) unless it is satisfied that —
(a)
there has been some serious default on the part of the Public Prosecutor, any person carrying out the duties of the Public Prosecutor under this Part, or a law enforcement officer; and
(b)
the applicant has suffered loss as a result of anything done in relation to the property by, or as a result of a restraint or charging order, or the provisions of sections 16, 17 and 19 of the CDSA as applied by section 70.
(3)
The amount of compensation that may be ordered is the amount that the Court thinks just, having regard to the loss suffered and any other relevant circumstances.
Clause 69
Rules of Court
Rules of Court may provide for the manner in which proceedings under this Part may be commenced or carried on.
Clause 70
Application of CDSA provisions
(1)
The following provisions of the CDSA apply in relation to a restraint order, a charging order, a confiscation order, and an application for any of these orders, as well as for the purpose of enabling the satisfaction of a confiscation order, as they apply in relation to a restraint order, a charging order and a confiscation order under the CDSA and an application for any of those orders, and for the purpose of enabling the satisfaction of a confiscation order under the CDSA, subject to the modifications in subsection (3):Sections 10(2) to (6)(a), 11, 12(1) to (6) and (9)(b), 15(2A), 16(2), (3), (6), (8) and (9), 17(4) to (7), 18, 19(3) to (9), 20, 21, 22 (other than subsection (4)(b)), 23, 24 and 25.
(2)
The provisions of this Part are, accordingly, to be read subject to the provisions of the CDSA referred to in subsection (1), as modified by subsection (3).
(3)
The modifications to the provisions of the CDSA referred to in subsections (1) and (2) are —
(a)
a reference in those provisions to the defendant is a reference to the subject;
(b)
a reference to the court in those provisions (other than section 12(5) of the CDSA) is a reference to the Court;
(c)
a reference in those provisions to realisable property under the CDSA is a reference to realisable property as defined in section 46(1);
(d)
a reference in those provisions to a gift caught by the CDSA is a reference to a gift caught by this Part;
(e)
a reference in those provisions to the benefits derived by the defendant from drug dealing or from criminal conduct is a reference to the benefits derived by the subject from organised crime activity;
(f)
a reference in section 12(9)(b) of the CDSA to the circumstances under section 12(9)(a) of the CDSA is a reference to the circumstances under section 47(3);
(g)
a reference in those provisions to a receiver appointed under section 16 or 19 of the CDSA is a reference to a receiver appointed under that provision of the CDSA as applied by this section;
(h)
a reference in section 18(4) of the CDSA to section 17(8) of the CDSA is a reference to section 59(5);
(i)
an application to the Court to exercise the powers conferred by section 19(3) to (7) of the CDSA may be made, and those powers may be exercised, after the confiscation order is made and either in the same proceedings or in separate proceedings, except that an order under any of those provisions of the CDSA may only take effect, and any power conferred on the Public Trustee or a receiver by such an order may only be exercised —
(i)
after any pending appeal against the confiscation order has been dealt with and the order is not revoked, or the period for bringing an appeal has lapsed; and
(ii)
if the confiscation order has not been fully satisfied within the period specified in the order;
(j)
except as otherwise stated in this section or prescribed in paragraph (k), a reference in those provisions to a provision of the CDSA is a reference to that provision of the CDSA as applied by this section; and
(k)
such other modifications as may be prescribed for the purposes of this section.
Clause 71
Right of appeal
(1)
An appeal may be made to the Court of Appeal in relation to any decision of the Court under this Part.
(2)
Rules of Court may provide for the manner in which an appeal under subsection (1) may be made.
Clause 72
Application of information-gathering powers in CDSA
(1)
Sections 30 to 35, 42 (other than subsections (2), (2A), (7A)(b) and (8)) and 56 (other than subsection (1A)) of the CDSA also apply for the purpose of any proceeding or proposed proceeding under this Part, as they apply for the purpose of an investigation into drug dealing or criminal conduct, or (as the case may be) a drug dealing offence or serious offence, under the CDSA, subject to the modifications in subsection (2).
(2)
The modifications to those provisions of the CDSA are —
(a)
a reference in those provisions to an authorised officer is a reference to such law enforcement officer, or an officer within such class of law enforcement officers, as may be prescribed;
(b)
a reference in those provisions to grounds for suspecting that a specified person has carried on or has benefited from drug dealing or from criminal conduct is a reference to grounds for suspecting that the subject has carried out organised crime activity;
(c)
a reference in those provisions to a restraint order, charging order or confiscation order under the CDSA is a reference to a restraint order, charging order or confiscation order under this Part;
(d)
a reference in those provisions of the CDSA to a specified person or defendant is a reference to the subject;
(e)
an order under section 42 of the CDSA may be made by the Court only if it has reasonable grounds to believe that the subject has carried out organised crime activity; and
(f)
such other modifications as may be prescribed for the purposes of this section.
Part 10
MISCELLANEOUS
Clause 73
Examination orders
(1)
A law enforcement officer may, for the purpose of any proceeding or proposed proceeding under Part 3, 4, 5 or 9, apply to the High Court for an order under subsection (2) in relation to particular information, or information of a particular description.
(2)
The High Court may, if on such an application it is satisfied that all of the conditions in subsection (3) are fulfilled, make an order that a person who appears to the High Court to be in possession of the information to which the application relates must do one or more of the following by such time as the order may specify:
(a)
attend before an authorised officer;
(b)
answer questions with respect to any matter that the authorised officer has reason to believe may be relevant to the proceeding or proposed proceeding;
(c)
supply any information specified in the order or produce for inspection any document specified in the order.
(3)
The conditions referred to in subsection (2) are that —
(a)
there are reasonable grounds for suspecting that —
(i)
in relation to a proceeding or proposed proceeding under Part 3, 4 or 5 — a person has been involved in any Part 2 offence (as defined under section 14(5)) or any serious offence associated with an organised criminal group (as defined under section 14(2)); or
(ii)
in relation to a proceeding or proposed proceeding under Part 9 — a person has carried out organised crime activity (as defined under section 48);
(b)
there are reasonable grounds for suspecting that a specified person is able to do one or both of the following:
(i)
answer any question on any matter that is likely to be of substantial value (whether by itself or together with other material) to the proceeding or proposed proceeding;
(ii)
supply any information with respect to any matter that is likely to be of substantial value (whether by itself or together with other material) to the proceeding or proposed proceeding; and
(c)
there are reasonable grounds for believing that it is in the public interest that the question is answered or the information is supplied (as the case may be), having regard to —
(i)
the benefit likely to accrue to the proceeding or proposed proceeding if the information is supplied; and
(ii)
the circumstances under which the person learns of the information.
(4)
In an application for an order under this section, any defence that is available to a person who is prosecuted for an offence relating to the involvement mentioned in subsection (3)(a)(i), or an offence constituting the organised crime activity in subsection (3)(a)(ii) (as the case may be), is also available to a person against whom the order is sought.
(5)
A person required to attend before an authorised officer under subsection (2) must be given a reasonable opportunity to arrange for an advocate and solicitor to accompany the person.
(6)
If any document is produced pursuant to an order under this section, an authorised officer may do any one or more of the following:
(a)
retain the original document produced for as long as is necessary for the purposes of the proceeding or proposed proceeding;
(b)
take copies of the document, or of extracts from the document;
(c)
require the person producing the document to provide an explanation of the history, subject matter, and contents of the document and to answer any other questions that arise from that explanation and that the authorised officer has reason to believe may be relevant to the proceeding or proposed proceeding;
(d)
if necessary, require the person producing the document to reproduce, or assist an authorised officer to reproduce, in a usable form, any information recorded or stored in the document.
(7)
An order under subsection (2) or a requirement under subsection (6) —
(a)
does not confer any right to require a person to supply items subject to legal privilege; but(b)has effect despite any obligation as to secrecy or other restriction upon the disclosure of information imposed by written law or otherwise.
(8)
A person is not excused from complying with an order under subsection (2) or a requirement under subsection (6) on the ground that —
(a)
the supply of any information might tend to incriminate the person or make the person liable to a penalty; or
(b)
the supply of any information would be in breach of an obligation (whether imposed by written law or otherwise) of the person not to disclose the existence or contents of the material.
(9)
Where a person complies with an order under subsection (2) or a requirement under subsection (6), any information so supplied is not admissible against the person in any criminal proceedings except a proceeding for an offence against subsection (12).
(10)
A person who complies with an order under subsection (2) or a requirement under subsection (6) is not to be treated as being in breach of any restriction upon the disclosure of information imposed by written law or otherwise.
(11)
No action lies against a person who in good faith supplies information in compliance with an order under subsection (2) or a requirement under subsection (6).
(12)
A person shall be guilty of an offence if the person —
(a)
contravenes or fails to comply with an order under subsection (2) or a requirement under subsection (6) without reasonable excuse; or
(b)
in purported compliance with the order or requirement, supplies information known to the person to be false or misleading in a material particular.
(13)
A person guilty of an offence under subsection (12) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(14)
An authorised officer may exercise the powers conferred on him or her by this section despite any provision in any other written law relating to the supply of information or information of a particular description.
(15)
An appeal lies from any order made under subsection (2), or the refusal to make such an order, by the High Court to the Court of Appeal.
(16)
Rules of Court may provide for —
(a)
the manner in which an appeal under subsection (15) may be made;
(b)
the discharge and variation of orders under this section; and
(c)
proceedings relating to such orders.
(17)
In this Part, “authorised officer” means such law enforcement officer, or class of law enforcement officers, as may be prescribed.
Clause 74
Duty to give information of certain matters
(1)
Every person who is aware of any information relating to —
(a)
the commission of;
(b)
an arrangement facilitating the commission of; or
(c)
the intention of any other person to commit or facilitate,any offence punishable under this Act, must, in the absence of reasonable excuse (the burden of proving which lies upon the person so aware), immediately give the information to any law enforcement officer of the commission, arrangement or intention.
(2)
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of a natural person, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in any other case, to a fine not exceeding $10,000.
(3)
For the purposes of subsection (1), it is a reasonable excuse for a person not to comply with that subsection if the person has already given the information referred to in that subsection to a law enforcement officer pursuant to any other written law.
Clause 75
Offences arrestable
Every offence under this Act is arrestable for the purposes of the Criminal Procedure Code (Cap. 68).
Clause 76
Offences by bodies corporate, etc.
(1)
Where an offence under this Act committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer of the body corporate; or
(b)
to be attributable to any neglect on his or her part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
(3)
Where an offence under this Act committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his or her part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4)
Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Definition
“body corporate” includes a limited liability partnership which has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);
Definition
“officer” —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
(6)
The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to a body corporate or an unincorporated association formed or recognised under the law of a territory outside Singapore.
Clause 77
Consent of Public Prosecutor
No prosecution in respect of any offence under this Act may be instituted except by or with the consent of the Public Prosecutor.
Clause 78
Jurisdiction of courts
Despite any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court or a Magistrate’s Court has jurisdiction to try any offence punishable under this Act, other than an offence punishable with death or imprisonment for life, and has power to impose the full penalty or punishment in respect of the offence.
Clause 79
Composition of offences
(1)
The Minister or a public officer authorised by the Minister in writing may compound any offence under this Act which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:
(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2)
On payment of such sum of money, no further criminal proceedings are to be taken against that person in respect of the offence.
(3)
All sums collected under this section are to be paid into the Consolidated Fund.
Clause 80
Amendment of Schedule
(2)
The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.
Clause 81
Regulations
(1)
The Minister may make regulations for anything that is required, permitted or necessary for carrying out the purposes and provisions of this Act.
(2)
Without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:
(a)
the electronic monitoring of an individual subject to an OCPO;
(b)
the application of any provision of the Criminal Procedure Code (Cap. 68), with such exceptions, modifications and adaptations as are necessary in relation to an application under section 15, 21, 28, 32 or 33, or in relation to an appeal under section 34;
(c)
the prescribing of anything that is required or permitted to be prescribed under this Act.
(3)
Regulations made under subsection (1) may —
(a)
provide that a contravention of any specified provision of those regulations is an offence; and
(b)
provide for penalties not exceeding a fine of $10,000 or imprisonment for a term not exceeding 2 years or both, for each offence.
Clause 82
Orders and regulations to be presented to Parliament
All orders and regulations made under this Act are to be presented to Parliament as soon as possible after publication in the Gazette.
Clause 83
Savings and transitional provision
For a period of 2 years after the date of commencement of this Act, the Minister may, by regulations, prescribe such provisions of a savings or transitional nature consequent on the enactment of this Act as the Minister may consider necessary or expedient.
Clause 84
Consequential and related amendments to other Acts
(1)
The Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A, 2000 Ed.) is amended —
(a)
by inserting, immediately after section 5, the following section:“Confiscation order unaffected by confiscation order under Organised Crime Act 20155A. Subject to sections 7(2), 8(2) and 28(4) and (4A) (whichever is applicable), a confiscation order under section 4 or 5 (as the case may be) may be made against a person in relation to any act despite the fact that a confiscation order under Part 9 of the Organised Crime Act 2015 has been made against that person in relation to the same act.”;
(b)
by inserting, immediately after the words “confiscation order” in section 7(2), the words “or a confiscation order under Part 9 of the Organised Crime Act 2015,”;
(c)
by inserting, immediately after the words “confiscation order” in section 8(2), the words “, a confiscation order under Part 9 of the Organised Crime Act 2015,”; and
(d)
by inserting, immediately after the words “confiscation order” in section 28(4)(c) and (4A)(c), the words “under this Act or Part 9 of the Organised Crime Act 2015”.
(2)
Section 281(2) of the Criminal Procedure Code (Cap. 68, 2012 Ed.) is amended by inserting, immediately after paragraph (c), the following paragraph:“(ca)an offence punishable under the Organised Crime Act 2015;”.
(3)
The Mutual Assistance in Criminal Matters Act (Cap. 190A, 2001 Ed.) is amended —
(a)
by deleting the word “or” at the end of paragraph (a) of the definition of “Singapore confiscation order” in section 2(1);
(b)
by inserting the word “or” at the end of paragraph (b) of the definition of “Singapore confiscation order” in section 2(1), and by inserting immediately thereafter the following paragraph:“(c)a confiscation order within the meaning of Part 9 of the Organised Crime Act 2015;”;
(c)
by deleting the words “criminal proceedings” in sections 8(3) and 12(ii) and substituting in each case the word “proceedings”; and
(d)
by deleting the words “criminal proceedings” in section 13(1)(b) and substituting the words “any proceedings”.
Common questions
- What is Organised Crime Bill?
- Organised Crime Bill is Singapore Bill, cited as Bill 21 2015, currently marked in force and first recorded in 2015.
- Is Organised Crime Bill still in force?
- Yes — Organised Crime Bill is currently in force.
- When did Organised Crime Bill take effect?
- Organised Crime Bill was first recorded in 2015.
- How many clauses does Organised Crime Bill have?
- Organised Crime Bill contains 84 clauses.
- Where can I read the official version of Organised Crime Bill?
- The official text of Organised Crime Bill is published at sso.agc.gov.sg.