Singapore legislation

Clause 94

New sections 473A, 473B and 473C

The Penal Code is amended by inserting, immediately after section 473, the following sections:“Making or possessing equipment for making a false instrument473A. Whoever makes or has in his custody or under his control a machine or implement, or paper or other material, which to his knowledge is or has been specifically designed or adapted for the making of any false instrument shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.Making or possessing equipment for making a false instrument with intent to induce prejudice473B. Any person (A) who ––

(a)

makes or has in his custody or under his control a machine or implement, or paper or other material, which is or has been specifically designed or adapted for the making of any instrument; and

(b)

intends that ––

(i)

he or another person makes a false instrument using the machine or implement, or paper or other material in order to induce another person (B) to accept it as genuine; and

(ii)

by reason of so accepting it, B does or does not do some act to B’s or any other person’s prejudice,shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.Meaning of “prejudice” and “induce”473C.—

(1)

For the purposes of section 473B and subject to subsections (2) and (4), an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs, will —

(a)

result in his permanent or temporary loss of property;

(b)

result in his being deprived of an opportunity to earn remuneration or greater remuneration;

(c)

result in his being deprived of an opportunity to gain a financial advantage otherwise than by way of remuneration;

(d)

result in somebody being given an opportunity to earn remuneration or greater remuneration from him;

(e)

result in somebody being given an opportunity to gain a financial advantage from him otherwise than by way of remuneration; or

(f)

be the result of his having accepted a false instrument as genuine in connection with his performance of any duty.(2) For the purpose of this section, an act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do shall be disregarded.(3) The reference in section 473B to inducing a person (B) to accept a false instrument as genuine includes a reference to inducing a machine to respond to an instrument as if it were a genuine instrument.(4) Where subsection (3) applies, the act or omission intended to be induced by the machine responding to the instrument shall be treated as an act or omission to a person’s prejudice.(5) In subsection (1)(a), “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.”.

Read in full context — Penal Code (Amendment) Bill →