Singapore legislation
Clause 10
Clause 10
Amendment of section 146A
Section 146A of the principal Act is amended —
by deleting the words “person in Singapore” in subsection (1) and substituting the words “person in or outside Singapore”;
by deleting the words “operates or maintains in Singapore a remote communication service that” in subsection (1) and substituting the words “uses a remote communication service with a Singapore link to”;
by deleting the words “offers or facilitates the provision by a woman or girl to another person of sexual services” in subsection (1)(a) and substituting the words “offer or facilitate the provision by a woman or girl to another person of sexual services in Singapore”;
by deleting the words “organises, manages or supervises” in subsection (1)(b) and substituting the words “organise, manage or supervise”;
by deleting paragraphs (i) and (ii) of subsection (1) and substituting the following paragraphs:“(i)to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both; but(ii)where the person is a repeat offender, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both.”;
by inserting, immediately after subsection (1), the following subsections:“(1A) A person is a repeat offender in relation to an offence under subsection (1) if the person has been convicted or found guilty (whether before, on or after the date of commencement of section 10 of the Women’s Charter (Amendment) Act 2019) on at least one other earlier occasion of an offence under subsection (1).(1B) However, where a person is charged with an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person did not know, and could not with reasonable diligence have ascertained, that the remote communication service in question had a Singapore link.”;
by inserting, immediately after subsection (3), the following subsections:“(4) For the purposes of this section, a remote communication service has a Singapore link if any person physically present in Singapore is capable of having access to any matter communicated using the remote communication service; and in determining whether a person who is physically present in Singapore is capable of having such access, it is to be assumed that the person will not falsify or conceal the person’s identity or location.(5) For the purposes of subsection (4), access includes —
access that is subject to a pre‑condition, such as the use of a password;
access by way of push technology; and
access by way of a standing request.(6) Where an offence under this section is committed by a person outside Singapore, the person may be dealt with in respect of that offence as if it had been committed in Singapore.”; and
by deleting the words “operated or maintained” in the section heading and substituting the word “used”.