Singapore legislation
Clause 21
Clause 21
New sections 35A and 35B
The principal Act is amended by inserting, immediately after section 35, the following sections:“Power to obtain information35A.—
The Board or any officer authorised for purposes of this section (called in this section an authorised officer) may by written notice require any person (whether within or outside Singapore) to provide within a reasonable period specified in the notice, all information and documents (including information and documents comprising or containing personal data of any individual in or intending to visit Singapore) that are within the knowledge of that person or in that person’s custody or under that person’s control, relating to any matter reasonably required by the Board to carry out the functions or duties assigned to the Board by or under this Act.(2) The power to require a person to provide any information or document under subsection (1) includes the power —
to require that person, or any person who is or was an officer or employee of the person, to provide an explanation of the information or document;
if the information or document is not provided, to require that person to state, to the best of the person’s knowledge and belief, where it is; and
if the information is recorded otherwise than in legible form, to require the information to be made available to the Board or an authorised officer in legible form.(3) Any person who, without reasonable excuse, fails to comply with a written notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.(4) The Board is entitled without payment to keep any information or document, or any copy or extract thereof, provided to the Board or an authorised officer under subsection (1) or obtained under subsection (2).Preservation of secrecy35B.—
No information or document provided for the purposes of this Act or any regulations made under this Act is to be disclosed, except —
with the consent of the person from whom the information was obtained;
to the extent that the information or document is already in the public domain;
in connection with the administration or enforcement of this Act or any regulations made under this Act;
to the Minister, or any public officer assisting the Minister and duly authorised by the Minister for the purposes of this subsection, as may be necessary for the performance of the Minister’s official duties in connection with —
this Act; or (ii)the advancement or development of tourism and the regulation of tourism enterprises;
for the purposes of any legal proceedings (including criminal proceedings) arising out of this Act or any regulations made under this Act or of any report of such proceedings; or
under and in accordance with any other written law.(2) Any Board member, officer or employee or any person employed or engaged in the administration or enforcement of this Act or any regulations made under this Act, who discloses to any other person any information or document provided for the purposes of this Act or any regulations made under this Act in contravention of subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both.(3) If —
any person (X) has possession of any information or document which to the person’s knowledge has been disclosed in contravention of this section; and
X discloses that information or document to any other person,then X shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both.”.