# legal_provisions

document_id: cdtosccba-1992
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title
content:
1. This Act is the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992.


document_id: cdtosccba-1992
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “authorised officer” means — ( a ) any officer of the Bureau; ( b ) any special investigator of the Corrupt Practices Investigation Bureau appointed under section 3(2) of the Prevention of Corruption Act 1960; ( c ) any Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004; ( d ) any police officer; and ( e ) any other person authorised in writing by the Minister for the purposes of this Act; “bank” means a bank licensed under the Banking Act 1970; “charging order” means an order made under section 20(1); “confiscation order” means an order made under section 6 or 7; “corresponding law” means a law of a foreign country or part thereof providing for the control or regulation, in that country or part thereof, of — ( a ) the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30 March 1961; ( b ) the production, supply, use, export and import of dangerous or otherwise harmful drugs pursuant to any treaty, convention or other agreement or arrangement to which the government of that country and the Government of Singapore are for the time being parties; or ( c ) the benefits of trafficking in the drugs or substances mentioned in paragraph ( a ) or ( b ); “criminal conduct” means doing or being concerned in, whether in Singapore or elsewhere, any act constituting a serious offence or a foreign serious offence; “dealing with property” is to be construed in accordance with section 19(7); “defendant” means a person against whom proceedings have been instituted for a drug dealing offence or a serious offence, as the case may be, or offences whether or not the person has been convicted thereof; “drug dealing” means doing or being concerned in, whether in Singapore or elsewhere, any act constituting a drug dealing offence or a foreign drug dealing offence; “drug dealing offence” means — ( a ) any offence specified in the First Schedule; ( b ) conspiracy to commit any such offence; ( c ) inciting another to commit any such offence; ( d ) attempting to commit any such offence; or ( e ) aiding, abetting, counselling or procuring the commission of any such offence; “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 1967 — every corporation so related as if the legal counsel is also employed by each of the related corporations; and ( b ) if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 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; “financial institution” has the meaning given by section 2 of the Financial Services and Markets Act 2022, and includes a VCC; [Act 18 of 2022 wef 28/04/2023] “foreign country” means any country or territory outside Singapore; “foreign court” means a court of competent jurisdiction in a foreign country which is a party to any treaty, memorandum of understanding or agreement for the control of narcotic drugs or for assistance in criminal matters to which Singapore is also a party; “foreign drug dealing offence” means an offence against a corresponding law that consists of or includes conduct which, if the conduct had occurred in Singapore, would have constituted a drug dealing offence; “foreign serious offence” — ( a ) means an offence (other than a foreign drug dealing offence) against the law of a foreign country or part thereof that consists of or includes conduct which, if the conduct had occurred in Singapore, would have constituted a serious offence; and ( b ) includes any offence specified in the Third Schedule; [Act 24 of 2024 wef 14/11/2024] [ Deleted by Act 24 of 2024 wef 14/11/2024 ] “gift caught by this Act” is to be construed in accordance with section 15(7) or (8); “interest”, in relation to property, includes any right; “legal counsel” has the meaning given by section 3(7) of the Evidence Act 1893; “making a gift” is to be construed in accordance with section 15(9); “material” includes any book, document or other record in any form, and any container or article relating thereto; “Monetary Authority of Singapore” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “officer of customs” has the meaning given by the Customs Act 1960; “officer of the Bureau” means the Director or any officer of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act 1973; “possession”, in relation to any property, means actual or constructive possession of the property; “property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property; “realisable property” means — ( a ) any property held by the defendant; and ( b ) any property held by a person to whom the defendant has, directly or indirectly, made a gift caught by this Act; “Registrar” means, in relation to proceedings in — ( a ) the General Division of the High Court — the Registrar, Deputy Registrar or Assistant Registrar of the Supreme Court; and ( b ) a District Court or a Magistrate’s Court — the Registrar or Deputy Registrar of the State Courts; “restraint order” means an order made under section 19(1); “serious offence” means — ( a ) any of the offences specified in the Second Schedule; ( b ) conspiracy to commit any of those offences; ( c ) inciting others to commit any of those offences; ( d ) attempting to commit any of those offences; or ( e ) aiding, abetting, counselling or procuring the commission of any of those offences; “serious scam offence” means — ( a ) any of the offences specified in the Fourth Schedule; ( b ) conspiracy to commit any of those offences; ( c ) inciting others to commit any of those offences; ( d ) attempting to commit any of those offences; or ( e ) aiding, abetting, counselling or procuring the commission of any of those offences; [Act 21 of 2025 wef 30/12/2025] “Suspicious Transaction Reporting Officer” means an authorised officer — ( a ) who has been appointed by the Minister as a Suspicious Transaction Reporting Officer for the purposes of this Act; and ( b ) who has his or her appointment as a Suspicious Transaction Reporting Officer published in the Gazette ; “value of gift” is to be construed in accordance with section 15; “value of property” is to be construed in accordance with section 15(2); “VCC” means a VCC or variable capital company as defined in section 2(1) of the Variable Capital Companies Act 2018. [42/2001; 4/2003; 24/2004; 44/2007; 11/2013; 5/2014; 21/2014; 44/2018; 40/2019] (2) For the purposes of this Act — ( a ) property is held by any person if the person holds any interest in it; ( b ) references to property held by a person include a reference to property vested in the person’s trustee in bankruptcy or liquidator; ( c ) references to an interest held by a person beneficially in property include 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; ( d ) property is transferred by one person to another if the first person transfers or grants to the other any interest in the property; ( e ) proceedings for an offence are instituted in Singapore when a person is produced and charged in court with the offence; ( f ) proceedings in Singapore for a drug dealing offence or a serious offence (as the case may be) are concluded on the occurrence of one of the following events: (i) the discontinuance of the proceedings; (ii) the acquittal of the defendant; (iii) the quashing of the defendant’s conviction for the offence; (iv) the grant of the President’s pardon in respect of the defendant’s conviction for the offence; (v) the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default); and ( g ) an order is subject to appeal as long as an appeal or further appeal is pending against the order or (if it was made on a conviction) against the conviction; and for this purpose, an appeal or further appeal is to be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing the appeal. [21/2014]


document_id: cdtosccba-1992
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “item subject to legal privilege”
content:
3. —(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. [21/2014] (2) In this section — “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; “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 1967 — 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 1893 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; “lawyer” means an advocate and solicitor, and includes an interpreter or other person who works under the supervision of an advocate and solicitor; “legal counsel” means a legal counsel as defined in section 3(7) of the Evidence Act 1893, and includes an interpreter or other person who works under the supervision of a legal counsel. [2A [21/2014]


document_id: cdtosccba-1992
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Application
content:
4. —(1) This Act applies to any drug dealing offence or foreign drug dealing offence whether committed before or after 30 November 1993. [21/2014] (2) Nothing in this Act imposes any duty or confer any power on any court in or in connection with any proceedings under this Act against a person for a drug dealing offence in respect of which the person has been convicted by a court before 30 November 1993. [21/2014] (3) This Act applies to any serious offence or foreign serious offence whether committed before or after 13 September 1999. (4) Nothing in this Act imposes any duty or confers any power on any court in connection with any proceedings under this Act against a person for a serious offence in respect of which the person has been convicted by a court before 13 September 1999. (5) This Act applies to any property, whether it is situated in Singapore or elsewhere. [3


document_id: cdtosccba-1992
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Suspicious Transaction Reporting Office
content:
5. —(1) There is to be an office of the Government called the Suspicious Transaction Reporting Office which is responsible for — ( a ) the receipt and analysis of — (i) any thing disclosed to a Suspicious Transaction Reporting Officer pursuant to a requirement under subsection (3) or pursuant to section 45(1); (ii) any report under section 60 given to a Suspicious Transaction Reporting Officer under section 60(4) or forwarded to a Suspicious Transaction Reporting Officer under section 61; (iii) any report under section 62 given to a Suspicious Transaction Reporting Officer under section 62(4); (iv) any cash transaction report submitted to a Suspicious Transaction Reporting Officer under section 68(1); (v) any cash transaction report filed with a Suspicious Transaction Reporting Officer under any regulations made under section 200 of the Casino Control Act 2006; (vi) any cash transaction report submitted to a Suspicious Transaction Reporting Officer under section 17 of the Precious Stones and Precious Metals (Prevention of Money Laundering, Terrorism Financing and Proliferation Financing) Act 2019; [Act 19 of 2023 wef 01/04/2024] [Act 6 of 2024 wef 01/05/2024] (vii) any cash transaction report submitted to a Suspicious Transaction Reporting Officer under section 74A of the Pawnbrokers Act 2015; [Act 24 of 2024 wef 14/11/2024] (viii) any information accessed by a Suspicious Transaction Reporting Officer under section 28L(4) of the Financial Services and Markets Act 2022; [Act 19 of 2023 wef 01/04/2024] [Act 24 of 2024 wef 14/11/2024] (ix) any information disclosed to a Suspicious Transaction Reporting Officer under section 16A of the Free Trade Zones Act 1966; [Act 24 of 2024 wef 14/11/2024] (x) any information disclosed to a Suspicious Transaction Reporting Officer under section 6 of the Goods and Services Tax Act 1993; [Act 24 of 2024 wef 14/11/2024] (xi) any information disclosed to a Suspicious Transaction Reporting Officer under section 6 of the Income Tax Act 1947; and [Act 24 of 2024 wef 14/11/2024] (xii) any information disclosed to a Suspicious Transaction Reporting Officer under section 31 of the Regulation of Imports and Exports Act 1995; and [Act 24 of 2024 wef 14/11/2024] ( b ) subject to any prohibition or restriction under any written law, the dissemination of the results of any such analysis. [Act 24 of 2024 wef 14/11/2024] [21/2014; 7/2019] (2) There is to be attached to the Suspicious Transaction Reporting Office such number of Suspicious Transaction Reporting Officers as appear to the Minister to be necessary for the performance of the responsibilities of the Suspicious Transaction Reporting Office. [21/2014] (3) A Suspicious Transaction Reporting Officer who is attached to the Suspicious Transaction Reporting Office may require any person to disclose any document or information for the purposes of an analysis mentioned in subsection (1). [21/2014] (4) Where a person discloses any document or information to a Suspicious Transaction Reporting Officer pursuant to a requirement under subsection (3) — ( a ) the disclosure is not to be treated as a breach of any restriction against the disclosure imposed by law, contract or rules of professional conduct; and ( b ) the person shall not be liable for any loss arising out of the disclosure or any act or omission in consequence of the disclosure. [3A [21/2014]


document_id: cdtosccba-1992
provision_ref: s6
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 6
title: Confiscation orders for benefits derived from drug dealing
content:
6. —(1) Subject to section 30, where a defendant is convicted of one or more drug dealing offences, the court must, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by the defendant from drug dealing if the court is satisfied that those benefits have been so derived. [21/2014] (2) If the court is satisfied that benefits have been derived by the defendant from drug dealing, the court must, at any time after sentencing or otherwise dealing with the defendant in respect of the offence or any of the offences concerned (as the case may be), determine in accordance with section 13 the amount to be recovered in the defendant’s case by virtue of this section. [21/2014] (3) The court must not take into account any application or proposed application for a confiscation order in determining the appropriate sentence or other manner of dealing with the defendant in respect of the drug dealing offences concerned. [21/2014] (4) Where the court which convicted the defendant is for any reason unable to determine the amount to be recovered under subsection (2), the determination and confiscation order (if any) may be made by the Registrar. (5) Any relevant evidence admitted in the proceedings against the defendant for the drug dealing offence concerned is to be, if the court or the Registrar thinks fit, taken into account in determining the amount to be recovered under subsection (2) or (4). [21/2014] (6) Subject to section 31, for the purposes of this Act, a person who holds or has at any time (whether before or after 30 November 1993) held any property or any interest therein disproportionate to the person’s known sources of income, the holding of which cannot be explained to the satisfaction of the court, is until the contrary is proved presumed to have derived benefits from drug dealing. [21/2014] (7) Any expenditure by a person mentioned in subsection (6) (whether incurred before or after 30 November 1993) is, until the contrary is proved, presumed to have been met out of the person’s benefits derived from drug dealing. [21/2014] (8) The presumption referred to in subsection (6) or (7) is not rebutted merely by adducing proof to the effect that the property or interest therein was derived from criminal conduct. (9) To avoid doubt, a District Court or Magistrate’s Court may make a confiscation order under subsection (1) in respect of the full amount determined in accordance with section 13 to be the value of the benefits derived by the defendant from drug dealing. [51/2018] (10) In this section, a reference to property or interest in property includes a reference to income accruing from such property or interest. [4 [Act 24 of 2024 wef 14/11/2024]


document_id: cdtosccba-1992
provision_ref: s7
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 7
title: Confiscation orders for benefits derived from criminal conduct
content:
7. —(1) Subject to section 30, where a defendant is convicted of one or more serious offences, the court must, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by the defendant from criminal conduct if the court is satisfied that those benefits have been so derived. (2) If the court is satisfied that benefits have been derived by the defendant from criminal conduct, the court must, at any time after sentencing or otherwise dealing with the defendant in respect of the offence or any of the offences concerned (as the case may be), determine in accordance with section 13 the amount to be recovered in the defendant’s case by virtue of this section. (3) The court must not take into account any application or proposed application for a confiscation order in determining the appropriate sentence or other manner of dealing with the defendant in respect of the serious offences concerned. (4) Where the court which convicted the defendant is for any reason unable to determine the amount to be recovered under subsection (2), the determination and confiscation order (if any) may be made by the Registrar. (5) Any relevant evidence admitted in the proceedings against the defendant for the serious offence concerned is to be, if the court or the Registrar thinks fit, taken into account in determining the amount to be recovered under subsection (2) or (4). (6) Without affecting section 31, for the purposes of this Act, a person who holds or has at any time (whether before or after 13 September 1999) held any property or any interest in any property (including income accruing from the property or interest) disproportionate to the person’s known sources of income, the holding of which cannot be explained to the satisfaction of the court, is, until the contrary is proved, presumed to have derived benefits from criminal conduct. (7) For the purposes of subsection (6), any expenditure by a person mentioned in that subsection (whether incurred before or after 13 September 1999) is, until the contrary is proved, presumed to have been met out of the person’s benefits derived from criminal conduct. (8) The presumption referred to in subsection (6) is not rebutted merely by adducing proof to the effect that the property or interest in the property (including income accruing from that property or interest) was derived from drug dealing. [21/2014] (9) To avoid doubt, a District Court or Magistrate’s Court may make a confiscation order under subsection (1) in respect of the full amount determined in accordance with section 13 to be the value of the benefits derived by the defendant from criminal conduct. [5 [51/2018]


document_id: cdtosccba-1992
provision_ref: s8
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 8
title: Confiscation order unaffected by confiscation order under Organised Crime Act 2015
content:
8. Subject to sections 10(2), 11(2) and 31(5) and (6) (whichever is applicable), a confiscation order under section 6 or 7 (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. [5A [26/2015]


document_id: cdtosccba-1992
provision_ref: s9
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 9
title: Live video or live television links
content:
9. —(1) Where the defendant has been charged with or convicted of a drug dealing offence or a serious offence, the court or the Registrar may make an order that — ( a ) if the defendant is represented by an advocate and solicitor — the defendant must not be present in person in any proceedings under this Act; or ( b ) the defendant must appear in any proceedings under this Act through live video or live television link (whether or not the defendant is represented by an advocate and solicitor). [21/2014] (2) Where an order is made under subsection (1)( b ), section 62A of the Evidence Act 1893 applies, with the necessary modifications, as if the defendant were a witness. [6


document_id: cdtosccba-1992
provision_ref: s10
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 10
title: Assessing benefits of drug dealing
content:
10. —(1) Subject to section 31, for the purposes of this Act — ( a ) the benefits derived by any person from drug dealing are any property or interest in any property (including income accruing from the property or interest) held by the person at any time, whether before or after 30 November 1993, being property or interest disproportionate to the person’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 person from drug dealing is the aggregate of the values of the properties and interests in the properties mentioned in paragraph ( a ). [21/2014] (2) For the purpose of assessing the value of the benefits derived by the defendant from drug dealing in a case where a confiscation order or a confiscation order under Part 9 of the Organised Crime Act 2015, has previously been made against the defendant, the court is to leave out of account any such benefits of drug dealing or criminal conduct that are shown to the court to have been taken into account in determining the amount to be recovered under that order. [7 [21/2014; 26/2015]


document_id: cdtosccba-1992
provision_ref: s11
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 11
title: Assessing benefits derived from criminal conduct
content:
11. —(1) Without affecting section 31, for the purposes of this Act — ( a ) the benefits derived by any person from criminal conduct, are any property or interest in any property (including income accruing from the property or interest) held by the person at any time, whether before or after 13 September 1999, being property or interest in property disproportionate to the person’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 person from criminal conduct, is the aggregate of the values of the properties and interests in the properties mentioned in paragraph ( a ). (2) For the purpose of assessing the value of the benefits derived by the defendant from criminal conduct, in a case where a confiscation order, a confiscation order under Part 9 of the Organised Crime Act 2015, or an order made under section 13 of the Prevention of Corruption Act 1960 has previously been made against the defendant, the court is to leave out of account any such benefits derived from drug dealing or criminal conduct (as the case may be) that are shown to the court to have been taken into account in determining the amount to be recovered under that order. [8 [21/2014; 26/2015]


document_id: cdtosccba-1992
provision_ref: s12
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 12
title: Statements relating to drug dealing or criminal conduct
content:
12. —(1) Where — ( a ) there is tendered to the court by the prosecution a statement as to any matters relevant to the determination whether benefits have been derived by the defendant from drug dealing or from criminal conduct (as the case may be) or to the assessment of the value of those benefits; and ( b ) the defendant accepts to any extent any allegation in the statement, the court may, for the purposes of that determination and assessment, treat the defendant’s acceptance as conclusive of the matters to which it relates. [21/2014] (2) Where — ( a ) a statement is tendered under subsection (1)( a ); and ( b ) the court is satisfied that a copy of that statement has been served on the defendant, the court may require the defendant to indicate to what extent the defendant accepts each allegation in the statement and, so far as the defendant does not accept any such allegation, to indicate any matters the defendant proposes to rely on. (3) If the defendant fails in any respect to comply with a requirement under subsection (2), the defendant may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which the defendant has complied with the requirement. (4) Where — ( a ) there is tendered to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and ( b ) the prosecution accepts to any extent any allegation in the statement, the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates. (5) An allegation may be accepted or a matter indicated for the purposes of this section either — ( a ) orally before the court; or ( b ) in writing. (6) No acceptance by the defendant under this section that benefits have been derived by the defendant from drug dealing or from criminal conduct (as the case may be) is admissible in evidence in any proceedings for an offence. [9 [21/2014]


document_id: cdtosccba-1992
provision_ref: s13
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 13
title: Amount to be recovered under confiscation order
content:
13. —(1) Subject to subsection (3), the amount to be recovered from the defendant under the confiscation order is the amount the court assesses to be the value of the benefits derived by the defendant from drug dealing or from criminal conduct, as the case may be. [21/2014] (2) If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under section 12 or otherwise), the court may issue a certificate giving its opinion as to the matters concerned and is to do so if satisfied as mentioned in subsection (3). (3) If the court is satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the benefits derived by the defendant from drug dealing or from criminal conduct (as the case may be) the amount to be recovered from the defendant under the confiscation order is the amount appearing to the court to be the amount that might be so realised. [21/2014] (4) If, on an application made in accordance with subsection (5), the court is satisfied that the amount that might be realised in the case of the person in question is greater than the amount taken into account in making the confiscation order (whether it was greater than was thought when the order was made or has subsequently increased), the court is to issue a certificate to that effect, giving its reasons. (5) An application under subsection (4) may be made either by the Public Prosecutor or by a receiver appointed under section 19 or 22 in relation to the realisable property of the person in question. (6) Where a certificate has been issued under subsection (4), the Public Prosecutor may apply to the court for an increase in the amount to be recovered under the confiscation order. (7) On an application mentioned in subsection (6), the court may — ( a ) substitute for that amount such amount (not exceeding the amount assessed as the value mentioned in subsection (1)) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and ( b ) increase the term of imprisonment fixed in respect of the confiscation order under section 17(1) if the effect of the substitution is to increase the maximum period applicable in relation to the order under section 17(1). [10


document_id: cdtosccba-1992
provision_ref: s14
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 14
title: Interest on sums unpaid under confiscation order
content:
14. —(1) If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid, that person is liable to pay interest on that sum for the period for which it remains unpaid. (2) The amount of the interest is to be for the purposes of enforcement treated as part of the amount to be recovered from that person under the confiscation order. (3) The rate of interest under subsection (1) is to be at the same rate as a judgment debt. [11


document_id: cdtosccba-1992
provision_ref: s15
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 15
title: Definition of principal terms used
content:
15. —(1) For the purposes of sections 12 and 13, the amount that might be realised at the time a confiscation order is made against the defendant is — ( a ) the total of the values at that time of all the realisable property held by the defendant; less ( b ) where there are obligations having priority at that time — the total amounts payable pursuant to those obligations, together with the total of the values at that time of all gifts caught by this Act. (2) Subject to subsections (3) to (9), for the purposes of this Act, the value of property (other than cash) in relation to any person holding the property — ( a ) where any other person holds an interest in the property, is — (i) the market value of the firstmentioned person’s beneficial interest in the property; less (ii) the amount required to discharge any incumbrance (other than a charging order) on that interest; and ( b ) in any other case, is its market value. (3) Subject to subsection (9), references in this Act to the value at any time (called in subsection (4) the material time) of a gift caught by this Act are references to — ( a ) the value of the gift to the recipient when the recipient received it adjusted to take account of subsequent changes in the value of money; or ( b ) where subsection (4) applies, the value mentioned therein, whichever is the greater. (4) Subject to subsection (9), if at the material time the recipient holds — ( a ) the property which the recipient received (not being cash); or ( b ) property which, in whole or in part, directly or indirectly, represents in the recipient’s hands the property which the recipient received, the value mentioned in subsection (3)( b ) is the value to the recipient at the material time of the property mentioned in paragraph ( a ) or paragraph ( b ) (as the case may be) so far as it so represents the property which the recipient received, but disregarding in either case any charging order. (5) For the purposes of subsection (1), an obligation has priority at any time if it is an obligation of the defendant to — ( a ) pay an amount due in respect of a fine, or other order of a court, imposed or made on conviction of an offence, where the fine was imposed or order made before the confiscation order; or ( b ) pay any sum which would be included among the preferential debts in the defendant’s bankruptcy commencing on the date of the confiscation order or winding up under an order of the court made on that date. (6) In subsection (5)( b ), “preferential debts” — ( a ) in relation to bankruptcy, means the debts to be paid in priority under section 352 of the Insolvency, Restructuring and Dissolution Act 2018 (assuming the date of the confiscation order to be the date of the bankruptcy order); and ( b ) in relation to winding up, means the debts to be paid in priority in accordance with section 203 of the Insolvency, Restructuring and Dissolution Act 2018 (assuming the date of the confiscation order to be the commencement date of the winding up). [40/2018] (7) A gift (including a gift made before 30 November 1993) is caught by this Act if — ( a ) it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings for a drug dealing offence were instituted against the defendant or, where no such proceedings have been instituted, when an application under section 6 for a confiscation order is made against the defendant; or ( b ) it was made by the defendant at any time and was a gift of property which is or is part of the benefits derived by the defendant from drug dealing. [21/2014] (8) A gift (including a gift made before 13 September 1999) is caught by this Act if — ( a ) it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings for a serious offence were instituted against the defendant or, where no such proceedings have been instituted, when an application under section 7 for a confiscation order is made against the defendant; or ( b ) it was made by the defendant at any time and was a gift of property which is or is part of the benefits derived by the defendant from criminal conduct. (9) For the purposes of this Act — ( a ) the circumstances in which the defendant is to be treated as making a gift include those where the defendant 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 defendant; and ( b ) in those circumstances, this section applies as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values mentioned in paragraph ( a ) bears to the value of the consideration provided by the defendant. [12


document_id: cdtosccba-1992
provision_ref: s16
chapter: PART 2 - CONFISCATION OF BENEFITS OF DRUG DEALING
section: 16
title: Protection of rights of third party
content:
16. —(1) Where an application is made for a confiscation order under section 6 or 7, a person who asserts an interest in the property may apply to the court, before the confiscation order is made, for an order under subsection (2). (2) If a person applies to the court for an order under this subsection in respect of the person’s interest in property and the court is satisfied — ( a ) that the person was not in any way involved in the defendant’s drug dealing or criminal conduct, as the case may be; and ( b ) that the person acquired the interest — (i) for sufficient consideration; and (ii) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time the person acquired it, property that was involved in or derived from drug dealing or criminal conduct, as the case may be, the court is to make an order declaring the nature, extent and value (as at the time the order is made) of the person’s interest. [21/2014] (3) Subject to subsection (4), where a confiscation order has already been made, a person who asserts an interest in the property may apply under this subsection to the court for an order under subsection (2). (4) A person who — ( a ) had knowledge of the application under section 6 or 7 for the confiscation order before the order was made; or ( b ) appeared at the hearing of that application, must not be permitted to make an application under subsection (3) except with the permission of the court. [Act 25 of 2021 wef 01/04/2022] (5) A person who makes an application under subsection (1) or (3) must give at least 7 days’ written notice of the making of the application to the Public Prosecutor who must be a party to any proceedings on the application. [13 [15/2010]


document_id: cdtosccba-1992
provision_ref: s17
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 17
title: Application of procedure for enforcing fines
content:
17. —(1) Subject to subsection (4), where a court orders the defendant to pay any amount under section 6 or 7, section 319 of the Criminal Procedure Code 2010 has effect as if — ( a ) that amount were a fine imposed on the defendant by the court; and ( b ) the term for which the court directs the defendant to be imprisoned in default of payment of any amount under section 6 or 7 is as follows: (i) if the amount does not exceed $20,000 — imprisonment for a term not exceeding 2 years; (ii) if the amount exceeds $20,000 but does not exceed $50,000 — imprisonment for a term not exceeding 5 years; (iii) if the amount exceeds $50,000 but does not exceed $100,000 — imprisonment for a term not exceeding 7 years; (iv) if the amount exceeds $100,000 — imprisonment for a term not exceeding 10 years. [15/2010] (2) Where — ( a ) a warrant to commit the defendant to prison is issued for a default in payment of an amount ordered to be paid under section 6 or 7 in respect of an offence or offences; and ( b ) at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences, the term of imprisonment to be served in default of payment of the amount must not begin to run until after the term mentioned in paragraph ( b ). (3) A District Court may, despite any other written law, impose the maximum term of imprisonment on the defendant in default of the payment of any amount ordered to be paid under section 6 or 7. (4) Where a defendant is convicted of a drug dealing offence or a serious offence (as the case may be) and sentenced to death, any amount which the court orders the defendant to pay under section 6 or 7 may, on an application by the Public Prosecutor to the General Division of the High Court, be realised by the General Division of the High Court exercising the powers conferred by section 22(3) to (7). [21/2014; 40/2019] (5) Where a defendant is convicted of a drug dealing offence or a serious offence (as the case may be), any amount which the court orders the defendant to pay under section 6 or 7 and which, in the case of realisable property comprising wholly or partly cash, may be realised by the General Division of the High Court making an enforcement order for attachment of a debt subject to Rules of Court. [14 [21/2014; 40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: cdtosccba-1992
provision_ref: s18
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 18
title: Cases in which restraint orders and charging orders may be made
content:
18. —(1) The powers conferred on the General Division of the High Court by section 19(1) to make a restraint order and by section 20(1) to make a charging order are exercisable where — ( a ) proceedings have been instituted against the defendant for a drug dealing offence or a serious offence, as the case may be; ( b ) the proceedings have not been concluded; and ( c ) the General Division of the High Court is satisfied that there is reasonable cause to believe that benefits have been derived by the defendant from drug dealing or from criminal conduct, as the case may be. [21/2014; 40/2019] (2) Those powers are also exercisable where the General Division of the High Court is satisfied — ( a ) that a person has been informed under section 23(1) of the Criminal Procedure Code 2010 that the person may be prosecuted for a drug dealing offence or a serious offence, as the case may be; or ( b ) that investigation for a drug dealing offence or a serious offence (as the case may be) having been commenced against a person, the person dies or cannot be found or is outside the jurisdiction, and that there is reasonable cause to believe that benefits have been derived by that person from drug dealing or from criminal conduct, as the case may be. [15/2010; 21/2014; 40/2019] (3) The General Division of the High Court may exercise the powers conferred by section 19(1) despite any other written law prohibiting any dealing with any realisable property. [2/2012; 40/2019] (4) For the purposes of sections 19 and 20, at any time when those powers are exercisable before proceedings have been instituted — ( a ) references in this Act to the defendant are to be construed as references to the person mentioned in subsection (2); and ( b ) references in this Act to realisable property are to be construed as if, immediately before that time, proceedings had been instituted against the person mentioned in subsection (2) for a drug dealing offence or a serious offence, as the case may be. [21/2014] (5) Where the General Division of the High Court has made an order under section 19(1) or 20(1) by virtue of subsection (2), the General Division of the High Court is to discharge the order if the proposed proceedings are not instituted within such time as the General Division of the High Court considers reasonable and which must not in any event exceed a period of 3 months. [15 [40/2019] [S 784/2023]


document_id: cdtosccba-1992
provision_ref: s19
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 19
title: Restraint orders
content:
19. —(1) The General Division of the High Court may make a restraint order to prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order. [40/2019] (2) A restraint order may apply — ( a ) to all realisable property held by a specified person, whether the property is described in the order or not; and ( b ) to all realisable property held by a specified person, being property transferred to the specified person after the making of the order. (3) This section does not have effect in relation to any property for the time being subject to a charge under section 20. (4) A restraint order — ( a ) may be made only on an application by the Public Prosecutor; ( b ) may be made on an application without notice to a Judge in chambers; and [Act 25 of 2021 wef 01/04/2022] ( c ) must provide for notice to be given to persons affected by the order. (5) A restraint order — ( a ) may be discharged or varied in relation to any property; and ( b ) is discharged when proceedings for the drug dealing offence or serious offence (as the case may be) are concluded. [21/2014] (6) Where the General Division of the High Court has made a restraint order, the General Division of the High Court may at any time appoint the Public Trustee or any person as receiver — ( a ) to take possession of any realisable property; and ( b ) in accordance with the directions of the General Division of the High Court, to manage or otherwise deal with any property in respect of which the Public Trustee or that person is appointed, subject to such conditions and exceptions as may be specified by the General Division of the High Court; and may require any person having possession of property in respect of which the receiver is appointed under this section to give possession of it to the Public Trustee or such receiver. [40/2019] (7) For the purposes of this section, dealing with property held by any person includes (without limiting the expression) — ( 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. (8) Where the General Division of the High Court has made a restraint order, an authorised officer may, for the purpose of preventing any realisable property being removed from Singapore, seize the property. [40/2019] (9) Property seized under subsection (8) must be dealt with in accordance with the directions of the General Division of the High Court. [16 [40/2019]


document_id: cdtosccba-1992
provision_ref: s20
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 20
title: Charging orders in respect of land, capital markets products, etc.
content:
20. —(1) The General Division of the High Court may 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; and ( b ) in any other case — of an amount not exceeding the amount payable under the confiscation order. [51/2018; 40/2019] (2) For the purposes of this Act, a charging order is an order made under this section imposing on any such realisable property as may be specified in the order a charge for securing the payment of money to the Government. (3) A charging order may be made — ( a ) only on an application by the Public Prosecutor; and ( b ) on an application without notice to a Judge in chambers. [Act 25 of 2021 wef 01/04/2022] (4) Subject to subsection (6), a charge may be imposed by a charging order only on — ( a ) any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has, directly or indirectly, made a gift caught by this Act — (i) in any asset of a kind mentioned in subsection (5); or (ii) under any trust; or ( b ) any interest in realisable property held by a person as trustee of a trust if the interest is in such an asset or is an interest under another trust and a charge may, by virtue of paragraph ( a ), be imposed by a charging order on the whole beneficial interest under the firstmentioned trust. (5) The assets mentioned in subsection (4) are — ( a ) immovable property in Singapore; or ( b ) any capital markets products. [51/2018] (6) In any case where a charge is imposed by a charging order on any interest in an asset of a kind mentioned in subsection (5)( b ), the General Division of the High Court may provide for the charge to extend to any interest or dividend payable in respect of the asset. [40/2019] (7) Where the General Division of the High Court has made a charging order, the General Division of the High Court may give such directions to the Public Trustee or any person as the General Division of the High Court thinks fit to safeguard the assets under the charging order. [40/2019] (8) The General Division of the High Court may make an order discharging or varying the charging order and must make an order discharging the charging order if the proceedings for the drug dealing offence or serious offence (as the case may be) are concluded or the amount, payment of which is secured by the charge, is paid into court. [21/2014; 40/2019] (9) In this section, “capital markets products” has the meaning given by section 2(1) of the Securities and Futures Act 2001. [17 [51/2018]


document_id: cdtosccba-1992
provision_ref: s21
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 21
title: Charging orders: supplementary provisions
content:
21. —(1) A charging order may be made either absolutely or subject to conditions as to notifying any person holding any interest in the property to which the order relates or as to the time when the charge is to become enforceable, or as to other matters. (2) A caveat may be lodged under the Land Titles Act 1993 or an entry may be made under the Registration of Deeds Act 1988 (as the case may be) in respect of a charging order made under section 20. (3) Subject to any provision made under section 22 or by Rules of Court, a charge imposed by a charging order has the like effect and is enforceable in the same manner as an equitable charge created by the person holding the beneficial interest or the trustees by writing under their hand, as the case may be. (4) Where a charging order has been protected by a caveat lodged under the Land Titles Act 1993 or by an entry registered under the Registration of Deeds Act 1988, an order under section 20(8) discharging the charging order may direct that the caveat be removed or the entry be cancelled. [18


document_id: cdtosccba-1992
provision_ref: s22
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 22
title: Realisation of property
content:
22. —(1) Where — ( a ) a confiscation order is made in proceedings instituted for a drug dealing offence or a serious offence, as the case may be; ( b ) the order is not subject to appeal; and ( c ) the proceedings have not been concluded, the General Division of the High Court may, on an application of the Public Prosecutor, exercise the powers conferred by subsections (3) to (7). [21/2014; 40/2019] (2) The General Division of the High Court may, on the application of the Public Prosecutor, also exercise the powers conferred by subsections (3) to (7) where — ( a ) a confiscation order is made against a person who is, by reason of section 29, taken to be convicted of a drug dealing offence or a serious offence, as the case may be; ( b ) the order is not subject to appeal; and ( c ) the order has not been satisfied, whether by payment of the amount due under the order or by the defendant serving imprisonment by default. [21/2014; 40/2019] (3) The General Division of the High Court may appoint the Public Trustee or any person as receiver in respect of realisable property. [40/2019] (4) The General Division of the High Court may empower the Public Trustee or any receiver appointed under subsection (3) or section 19 or pursuant to a charging order — ( a ) to enforce any charge imposed under section 20 on realisable property or on interest or dividends payable in respect of such property; and ( b ) in relation to any realisable property other than property for the time being subject to a charge under section 20, to take possession of the property subject to such conditions or exceptions as may be specified by the General Division of the High Court. [40/2019] (5) The General Division of the High Court may order any person having possession of realisable property to give possession of it to the Public Trustee or any receiver. [40/2019] (6) The General Division of the High Court may empower the Public Trustee or any receiver to realise any realisable property in such manner as the General Division of the High Court may direct. [40/2019] (7) The General Division of the High Court may order any person holding an interest in realisable property to make such payment to the Public Trustee or any receiver in respect of any beneficial interest held by the defendant or (as the case may be) the recipient of a gift caught by this Act as the General Division of the High Court may direct and the General Division of the High Court may, on the payment being made, by order transfer, grant or extinguish any interest in the property. [40/2019] (8) Subsections (5) to (7) do not apply to property for the time being subject to a charge under section 20. (9) The General Division of the High Court is not to, in respect of any property, exercise the powers conferred by subsection (4)( a ), (6) or (7) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the General Division of the High Court. [19 [40/2019]


document_id: cdtosccba-1992
provision_ref: s23
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 23
title: Application of proceeds of realisation and other sums
content:
23. —(1) Subject to subsection (2), the following sums in the hands of the Public Trustee or any receiver under section 19 or 22 or pursuant to a charging order, that is — ( a ) the proceeds of the enforcement of any charge imposed under section 20; ( b ) the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 19 or 22; and ( c ) any other sums, being property held by the defendant, must, after such payments (if any) as the General Division of the High Court may direct have been made out of those sums, be applied on the defendant’s behalf towards the satisfaction of the confiscation order. [40/2019] (2) If, after the amount payable under the confiscation order has been fully paid, any such sums remain in the hands of the Public Trustee or receiver, the Public Trustee or receiver must distribute those sums — ( a ) among such of those who held property which has been realised under this Act; and ( b ) in such proportions, as the General Division of the High Court may direct after giving a reasonable opportunity for such persons to make representations to the General Division of the High Court. [20 [40/2019]


document_id: cdtosccba-1992
provision_ref: s24
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 24
title: Exercise of powers by General Division of High Court or receiver
content:
24. —(1) This section applies to the powers conferred on the General Division of the High Court by sections 19 to 23 or on the Public Trustee or any receiver under section 19 or 22 or pursuant to a charging order. [40/2019] (2) Subject to subsections (3) to (6), the powers must be exercised with a view to making available for satisfying the confiscation order or (as the case may be) any confiscation order that may be made in the defendant’s case the value for the time being of realisable property held by any person by the realisation of such property. (3) In the case of realisable property held by a person to whom the defendant has, directly or indirectly, made a gift caught by this Act, the powers must be exercised with a view to realising no more than the value for the time being of the gift. (4) The powers must be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by that person. (5) An order may be made or other action taken in respect of a debt owed by the Government. (6) In exercising those powers, no account is to be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the confiscation order. [21


document_id: cdtosccba-1992
provision_ref: s25
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 25
title: Variation of confiscation orders
content:
25. —(1) If, on an application by the defendant in respect of a confiscation order, the court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the order, the court is to issue a certificate to that effect, giving its reasons. [44/2007] (2) For the purposes of subsection (1) — ( a ) in the case of realisable property held by a person who has been adjudged bankrupt or whose estate has been sequestrated, the court must take into account the extent to which any property held by the person may be distributed among creditors; and ( b ) the court may disregard any inadequacy in the realisable property which appears to the court to be attributable, wholly or partly, to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had, directly or indirectly, made a gift caught by this Act from any risk of realisation under this Act. [44/2007] (3) Where a certificate has been issued under subsection (1), the defendant may apply to the court which made the confiscation order for the amount to be recovered under the order to be reduced. [44/2007] (4) The court which made the confiscation order is to, on an application under subsection (3) — ( a ) substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case; and ( b ) substitute for the term of imprisonment fixed under section 319 of the Criminal Procedure Code 2010 in respect of the amount to be recovered under the order a shorter term determined in accordance with that section (as it has effect by virtue of section 17) in respect of the lesser amount. [22 [44/2007; 15/2010]


document_id: cdtosccba-1992
provision_ref: s26
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 26
title: Bankruptcy of defendant, etc.
content:
26. —(1) Where a person who holds realisable property is adjudged bankrupt — ( a ) property for the time being subject to a restraint order made before the order adjudging the person bankrupt; and ( b ) any proceeds of property realised by virtue of section 19(6) or 22(6) or (7) for the time being in the hands of the Public Trustee or a receiver under section 19 or 22, are excluded from the bankrupt’s estate for the purposes of the Insolvency, Restructuring and Dissolution Act 2018. [40/2018] (2) Where a person has been adjudged bankrupt, the powers conferred on the General Division of the High Court by sections 19 to 23 or on the Public Trustee or a receiver are not to be exercised in relation to — ( a ) property for the time being comprised in the bankrupt’s estate for the purposes of the Insolvency, Restructuring and Dissolution Act 2018; ( b ) property which is not comprised in the bankrupt’s estate by virtue of section 329(2) of that Act; and ( c ) property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 394(3)( c ) of that Act. [40/2018; 40/2019] (3) Nothing in the Insolvency, Restructuring and Dissolution Act 2018 is to be taken as restricting, or enabling the restriction of, the exercise of those powers mentioned in subsection (2). [40/2018] (4) Subsection (2) does not affect the enforcement of a charging order — ( a ) made before the order adjudging the person bankrupt; or ( b ) on property which was subject to a restraint order when the order adjudging the person bankrupt was made. (5) Where, in the case of a debtor, an interim receiver stands appointed under section 324 of the Insolvency, Restructuring and Dissolution Act 2018 and any property of the debtor is subject to a restraint order — ( a ) the powers conferred on the receiver by virtue of the Insolvency, Restructuring and Dissolution Act 2018 do not apply to property for the time being subject to the restraint order; and ( b ) any such property in the hands of the receiver must, subject to a lien for any expenses (including the receiver’s remuneration) properly incurred in respect of the property, be dealt with in such manner as the General Division of the High Court may direct. [40/2018; 40/2019] (6) For the purposes of section 397(2) of the Insolvency, Restructuring and Dissolution Act 2018, amounts payable under confiscation orders constitute debts due to the Government. [23 [40/2018]


document_id: cdtosccba-1992
provision_ref: s27
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 27
title: Winding up of company holding realisable property
content:
27. —(1) Where realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for the voluntary winding up, the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to — ( a ) property for the time being subject to a restraint order made before the relevant time; and ( b ) any proceeds of property realised by virtue of section 19(6) or 22(6) or (7) for the time being in the hands of the Public Trustee or a receiver under section 19 or 22, but there is payable out of such property any expenses (including the remuneration of the liquidator or provisional liquidator) properly incurred in the winding up in respect of the property. (2) Where, in the case of a company, such an order has been made or such a resolution has been passed, the powers conferred on the General Division of the High Court by sections 19 to 23 or on a receiver so appointed are not to be exercised in relation to any realisable property held by the company in relation to which the functions of the liquidator are exercisable — ( a ) so as to inhibit the liquidator from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or ( b ) so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property. [40/2019] (3) Nothing in the Insolvency, Restructuring and Dissolution Act 2018 is to be taken as restricting, or enabling the restriction of, the exercise of those powers mentioned in subsection (2). [40/2018] (4) Subsection (2) does not affect the enforcement of a charging order made before the relevant time or on property which was subject to a restraint order at the relevant time. (5) In this section — “company” means any company which may be wound up under the Insolvency, Restructuring and Dissolution Act 2018; “the relevant time” means — ( a ) where no order for the winding up of the company has been made — the time of the passing of the resolution for voluntary winding up; ( b ) where such an order has been made and, before the making of the application for the winding up of the company by the General Division of the High Court, such a resolution had been passed by the company —the time of the passing of the resolution; and ( c ) in any other case where such an order has been made — the time of the making of the order. [24 [42/2005; 40/2018; 40/2019]


document_id: cdtosccba-1992
provision_ref: s28
chapter: PART 3 - ENFORCEMENT, ETC., OF CONFISCATION ORDERS
section: 28
title: Receivers: supplementary provisions
content:
28. Where the Public Trustee or a receiver appointed under section 19 or 22 or pursuant to a charging order takes any action in relation to property which is not realisable property, being action which the Public Trustee or the receiver would be entitled to take if it were such property, believing, and having reasonable grounds for believing, that the Public Trustee or the receiver is entitled to take that action in relation to that property, the Public Trustee or the receiver shall not be liable to any person in respect of any loss or damage resulting from the Public Trustee’s or the receiver’s action except insofar as the loss or damage is caused by the Public Trustee’s or the receiver’s negligence. [25


document_id: cdtosccba-1992
provision_ref: s29
chapter: PART 4 - APPLICATION TO ABSCONDED PERSONS
section: 29
title: Absconded persons
content:
29. —(1) For the purposes of this Act, a person is taken to be convicted of a drug dealing offence or a serious offence (as the case may be) if the person absconds in connection with the drug dealing offence or the serious offence (as the case may be) and any reference in Part 2 to the defendant includes reference to such a person. [21/2014] (2) For the purposes of subsection (1), a person is taken to abscond in connection with a drug dealing offence if whether before or after 30 November 1993 — ( a ) investigations for a drug dealing offence have been commenced against the person; and ( b ) the person — (i) dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he or she is convicted; or (ii) cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which investigations mentioned in paragraph ( a ) were commenced against him or her. [21/2014] (3) For the purposes of subsection (1), a person is taken to abscond in connection with a serious offence if, whether before or after 13 September 1999 — ( a ) investigations for a serious offence have been commenced against the person; and ( b ) the person — (i) dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he or she is convicted of the offence; or (ii) cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which the investigations mentioned in paragraph ( a ) were commenced against him or her. [26


document_id: cdtosccba-1992
provision_ref: s30
chapter: PART 4 - APPLICATION TO ABSCONDED PERSONS
section: 30
title: Confiscation order where person has absconded
content:
30. Where a person is, by reason of section 29, to be taken to have been convicted of a drug dealing offence or a serious offence (as the case may be), a court is not to make a confiscation order in reliance on the person’s conviction of the offence unless the court is satisfied — ( a ) on the evidence adduced before it that, on the balance of probabilities, the person has absconded; and ( b ) having regard to all the evidence before the court, that such evidence if unrebutted would warrant his or her conviction for the drug dealing offence or serious offence, as the case may be. [27 [21/2014]


document_id: cdtosccba-1992
provision_ref: s31
chapter: PART 4 - APPLICATION TO ABSCONDED PERSONS
section: 31
title: Effect of death on proceedings
content:
31. —(1) Proceedings under this Act are to be instituted or continued against the personal representatives of a deceased defendant or, if there are no personal representatives, such beneficiary or beneficiaries of the estate of the deceased defendant as may be specified by the court upon the application of the Public Prosecutor. (2) Where the power conferred by this Act to make a confiscation order is to be exercised in relation to a deceased defendant, the order is to be made against the estate of the deceased defendant. (3) Nothing in this Act subjects any personal representative of the estate of the deceased defendant, or any beneficiary thereof, to any imprisonment under section 17 if the property of the estate is inadequate for the payment of any amount to be recovered under the confiscation order. (4) Sections 6(6) and (7), 7(6) and (7), 10 and 11 do not apply to any deceased defendant. [Act 24 of 2024 wef 14/11/2024] (5) For the purposes of Part 2, the following provisions apply in determining whether a deceased defendant had derived benefits from drug dealing or in determining those benefits or the value of those benefits: ( a ) a deceased defendant is, until the contrary is proved, presumed to have derived benefits from drug dealing if he or she had, at any time (whether before or after 30 November 1993) since the beginning of the period of 6 years ending at the date of his or her death, held any property or interest in any property disproportionate to his or her known sources of income, the holding of which cannot be explained to the satisfaction of the court; ( b ) the benefits derived by a deceased defendant from drug dealing are any property or interest in any property held by him or her during the period mentioned in paragraph ( a ), being property or interest in property disproportionate to his or her 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 defendant from drug dealing is the aggregate of the values of those properties and interests in those properties less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order under this Act or Part 9 of the Organised Crime Act 2015 previously made against the deceased defendant. [21/2014; 26/2015] (6) For the purposes of Part 2, the following provisions apply in determining whether a deceased defendant had derived benefits from criminal conduct or in determining those benefits or the value of those benefits: ( a ) a deceased defendant is, until the contrary is proved, presumed to have derived benefits from criminal conduct, if he or she had, at any time (whether before or after 13 September 1999) since the beginning of the period of 6 years ending at the date of his or her death, held any property or interest in any property disproportionate to his or her 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 defendant from criminal conduct are any property or interest in any property held by him or her during the period mentioned in paragraph ( a ), being property or interest in property disproportionate to his or her 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 defendant from criminal conduct is the aggregate of the values of those properties and interests in those properties mentioned in paragraphs ( a ) and ( b ) less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order under this Act or Part 9 of the Organised Crime Act 2015 or any order made under section 13 of the Prevention of Corruption Act 1960 previously made against the deceased defendant. [26/2015] (7) The presumption mentioned in — ( a ) subsection (5) is not rebutted merely by adducing proof to the effect that the property or interest in the property was derived from criminal conduct; ( b ) subsection (6) is not rebutted merely by adducing proof to the effect that the property or interest in the property was derived from drug dealing. [21/2014] (8) In this section, “deceased defendant” means a person who dies — ( a ) after investigations for a drug dealing offence or a serious offence (as the case may be) have been commenced against him or her; and ( b ) before proceedings in respect of the offence have been instituted or if such proceedings have been instituted, before he or she is convicted of the offence. [21/2014] (9) In this section, a reference to property or interest in property includes a reference to income accruing from such property or interest. [28


document_id: cdtosccba-1992
provision_ref: s32
chapter: PART 4 - APPLICATION TO ABSCONDED PERSONS
section: 32
title: Service of documents on absconders
content:
32. Where any document is required under this Act to be served on a person who cannot be found or who is outside Singapore and cannot be compelled to attend before a court in respect of proceedings under this Act, the court may dispense with service of the document upon the person and the proceedings may be continued to their final conclusion in his or her absence. [29


document_id: cdtosccba-1992
provision_ref: s33
chapter: PART 4A - CONFISCATION OF PROPERTY OF
section: 33
title: Application of Part
content:
33. —(1) This Part applies in relation to any drug dealing offence or serious offence, whether committed before, on or after 1 September 2014. [21/2014] (2) However, nothing in this Part imposes any duty or confers any power on a court in connection with any proceedings against a person for a drug dealing offence or a serious offence for which the person has been convicted by a court before 1 September 2014. [29A [21/2014]


document_id: cdtosccba-1992
provision_ref: s34
chapter: PART 4A - CONFISCATION OF PROPERTY OF
section: 34
title: Substitute property confiscation order
content:
34. —(1) Where a defendant is convicted, or is by reason of section 29 taken to be convicted, of a drug dealing offence or a serious offence, the court is to, on the application of the Public Prosecutor, make a substitute property confiscation order against the defendant, if the court is satisfied that — ( a ) the defendant had used or intended to use any property (called in this Part an instrumentality) for the commission of the offence; and ( b ) the instrumentality is not available for forfeiture as mentioned in subsection (2). [21/2014] (2) For the purposes of subsection (1), an instrumentality is not available for forfeiture if — ( a ) the instrumentality is not held by the defendant; ( b ) the instrumentality is held by the defendant and has been seized under any written law, but has been ordered to be released, or to be disposed of in favour of any person other than the defendant; or ( c ) the instrumentality has been sold or otherwise disposed of, or cannot be found. [21/2014] (3) When a court makes a substitute property confiscation order against the defendant, the defendant is liable to pay to the Government the amount which — ( a ) the court assesses to be the value of the instrumentality at the time the drug dealing offence or serious offence was committed; and ( b ) is specified in the order. [21/2014] (4) For the purposes of subsection (3), the value of the instrumentality is its full value, even if the defendant did not expend any amount for the purpose of using it for the commission of the offence, or did not expend an amount equal to its full value for that purpose. [21/2014] (5) If a substitute property confiscation order is made against 2 or more defendants in respect of the same instrumentality, the defendants are jointly and severally liable to pay to the Government the amount specified in the order. [29B [21/2014]


document_id: cdtosccba-1992
provision_ref: s35
chapter: PART 4A - CONFISCATION OF PROPERTY OF
section: 35
title: Modified application of Parts 2, 3 and 4
content:
35. —(1) The provisions of Parts 2, 3 and 4 apply in relation to, and for the purpose of enabling the satisfaction of, a substitute property confiscation order as they apply in relation to, and for the purpose of enabling the satisfaction of, a confiscation order, subject to — ( a ) the following modifications: (i) a reference in section 6(2) or 7(2) to a court being satisfied that a defendant has derived benefits from drug dealing or from criminal conduct is to be read as a reference to a court being satisfied that the defendant had used or intended to use any property for the commission of the drug dealing offence or serious offence in question; (ii) a reference in section 6(2) or 7(2) to a determination in accordance with section 13 of the amount to be recovered by virtue of section 6 or 7 is to be read as a reference to a determination in accordance with sections 13 and 34(3) and (4) of the amount to be recovered by virtue of section 34; (iii) the reference in section 12(1) to a determination of whether benefits have been derived by a defendant from drug dealing or from criminal conduct is to be read as a reference to a determination of whether the defendant had used or intended to use any property for the commission of the drug dealing offence or serious offence in question; (iv) a reference in section 12(1) or 13(3) or (7) to an assessment of the value of benefits derived by a defendant from drug dealing or from criminal conduct is to be read as a reference to an assessment of the value of the instrumentality in accordance with section 34(3) and (4); (v) the reference in section 12(6) to an acceptance by a defendant that benefits have been derived by the defendant from drug dealing or from criminal conduct is to be read as a reference to an acceptance by the defendant that the defendant had used or intended to use any property for the commission of the drug dealing offence or serious offence in question; (vi) each reference in section 17 to an order to pay an amount under section 6 or 7 is to be read as a reference to an order to pay an amount under a substitute property confiscation order; (vii) a reference in section 18(1) or (2) to the General Division of the High Court being satisfied that there is reasonable cause to believe that benefits have been derived by a person from drug dealing or from criminal conduct is to be read as a reference to the General Division of the High Court being satisfied that there is reasonable cause to believe that the person had used or intended to use any property for the commission of the drug dealing offence or serious offence in question; (viii) the reference in section 20(1)( a ) to a confiscation order is to be read as a reference to a substitute property confiscation order; and ( b ) such other modifications as may be prescribed for the purposes of this subsection. [21/2014; 40/2019] (2) Where both a confiscation order and a substitute property confiscation order are made against a defendant in relation to the same drug dealing offence or serious offence, then — ( a ) a reference in section 20(1)( b ) or 23(2) to the amount payable under a confiscation order is to be read as a reference to the total amount payable under both orders; ( b ) a reference in section 23(1) or 24(2) or (6) to the satisfaction of a confiscation order is to be read as a reference to the satisfaction of both orders; and ( c ) each reference in section 25 to the amount to be recovered under a confiscation order is to be read as a reference to the amount to be recovered under either order or both orders, as the case may be. [21/2014] (3) In this section, a reference to Parts 2, 3 and 4 — ( a ) includes a reference to section 2, insofar as that section applies to the interpretation of the provisions of those Parts; but ( b ) excludes any reference to sections 6(1), (6), (7), (8) and (10), 7(1), (6), (7) and (8), 10, 11, 13(1), 16 and 31(4), (5), (6), (7) and (9), and all other provisions that are rendered inapplicable by regulations made for the purpose of subsection (1)( b ). [29C [21/2014]


document_id: cdtosccba-1992
provision_ref: s36
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 36
title: Production orders
content:
36. —(1) An authorised officer may, for the purpose of an investigation into drug dealing or criminal conduct (as the case may be), apply to a court for an order under subsection (3) in relation to particular material or material of a particular description. [21/2014] (2) This section does not apply to any material in the possession of a financial institution. (3) Subject to section 49(14), the court may, if on such an application it is satisfied that the conditions to subsection (5) are fulfilled, make an order that the person who appears to the court to be in possession of the material to which the application relates must — ( a ) produce the material to an authorised officer for him or her to take away; or ( b ) give an authorised officer access to it, within such period as the order may specify. (4) The period to be specified in an order under subsection (3) is 7 days unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances of the application. (5) The conditions mentioned in subsection (3) are — ( a ) that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug dealing or from criminal conduct, as the case may be; ( b ) that there are reasonable grounds for believing that the material to which the application relates — (i) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and (ii) does not consist of or include items subject to legal privilege; and ( c ) that there are reasonable grounds for believing that it is in the public interest, having regard — (i) to the benefit likely to accrue to the investigation if the material is obtained; and (ii) to the circumstances under which the person in possession of the material holds it, that the material should be produced or that access to it should be given. [21/2014] (6) Where a court makes an order under subsection (3)( b ) in relation to material on any premises, it may, on the same or a subsequent application of an authorised officer, order any person who appears to the authorised officer to be entitled to grant entry to the premises to allow an authorised officer to enter the premises to obtain access to the material. (7) Rules of Court may provide for — ( a ) the discharge and variation of orders under this section; and ( b ) proceedings relating to such orders. (8) Where the material, to which an application under this section relates, consists of information contained in or accessible by means of any data equipment — ( a ) an order under subsection (3)( a ) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and ( b ) an order under subsection (3)( b ) has effect as an order to give access to the material in a form in which it is visible and legible. (9) In subsection (8), “data equipment” means any equipment which — ( a ) automatically processes information; ( b ) automatically records or stores information; ( c ) can be used to cause information to be automatically recorded, stored or otherwise processed on other equipment (wherever situated); or ( d ) can be used to retrieve information whether the information is recorded or stored in the equipment itself or in other equipment (wherever situated). (10) An order under subsection (3) — ( a ) does not confer any right to production of, or access to, items subject to legal privilege; ( b ) has effect despite any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise; and ( c ) may be made in relation to material in the possession of a public body as defined in section 49(15). (11) A person is not excused from producing or making available any material when required to do so by an order under this section on the ground that — ( a ) the production or making available of the material might tend to incriminate the person or make the person liable to a penalty; or ( b ) the production or making available of the material would be in breach of an obligation (whether imposed by law or otherwise) of the person not to disclose the existence or contents of the material. (12) Where a person produces or makes available any material pursuant to an order under this section, the production or making available of the material, or any information or thing obtained as a direct or indirect consequence of the production or making available of the material is not admissible against the person in any criminal proceedings except a proceeding for an offence against section 39(1). (13) For the purposes of subsection (1), proceedings on an application for a restraint order or a confiscation order are not criminal proceedings. (14) An authorised officer may exercise the powers conferred on him or her by this section despite any other written law relating to the production of, or the giving of any access to, any particular material or material of a particular description. [30 [2/2012]


document_id: cdtosccba-1992
provision_ref: s37
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 37
title:
Production orders against financial institution to produce material relating to drug dealing or criminal conduct

content:
37. —(1) The Public Prosecutor or any person duly authorised by the Public Prosecutor in writing may, for the purpose of an investigation into a drug dealing offence or a serious offence (as the case may be), apply to the General Division of the High Court for an order under subsection (2) in relation to any particular material or material of a particular description. [15/2010; 21/2014; 40/2019] (2) The General Division of the High Court may, if on such an application it is satisfied that the conditions mentioned in subsection (3) are fulfilled, make an order that the financial institution which appears to the General Division of the High Court to be in possession of the material to which the application relates must — ( a ) produce the material to the Public Prosecutor or the person duly authorised by the Public Prosecutor for the Public Prosecutor or such person to take away; or ( b ) give the Public Prosecutor or the person duly authorised by the Public Prosecutor access to the material, within a reasonable period, but not less than 7 days, as the order may specify. [15/2010; 40/2019] (3) The conditions mentioned in subsection (2) are — ( a ) that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug dealing or criminal conduct, as the case may be; ( b ) that there are reasonable grounds for believing that the material to which the application relates — (i) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and (ii) does not consist of or include items subject to legal privilege; and ( c ) that there are reasonable grounds for believing that it is in the public interest to produce the material to which the application relates. [21/2014] (4) A financial institution which complies with an order made under subsection (2) is not to be treated as being in breach of any restriction upon the disclosure of information or material imposed by law, contract or rules of professional conduct. (5) No action shall lie against a financial institution which in good faith produces materials or gives access to materials relating to the account of its customer by reason of that financial institution having produced or given access to the materials in compliance with an order made against it under subsection (2) or any act done or omitted to be done in relation to any funds, investment or property in the account of that customer in consequence of the production of or access to those materials. (6) In subsection (5), each reference to a customer of a financial institution is, if the financial institution is a VCC, a reference to its member. [44/2018] (7) The proceedings for an application for a production order under this section are to be heard in private. [Act 25 of 2021 wef 01/04/2022] (8) The Public Prosecutor or the person duly authorised by the Public Prosecutor may exercise the powers conferred on the Public Prosecutor or the person (as the case may be) by this section despite any other written law relating to the production of, or the giving of any access to, any particular material or material of a particular description. [31 [2/2012]


document_id: cdtosccba-1992
provision_ref: s38
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 38
title: Variation of production order
content:
38. —(1) Where a court makes a production order requiring a person to produce any material to any authorised officer, the person may apply to the court for a variation of the order. (2) If the court is satisfied that the material is essential to the business activities of the person, the court may vary the production order mentioned in subsection (1) so that it requires the person to make the material available to an authorised officer for inspection. [32


document_id: cdtosccba-1992
provision_ref: s39
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 39
title: Failure to comply with production order
content:
39. —(1) Where a person is required by a production order to produce any material to an authorised officer or make any material available to an authorised officer for inspection, the person shall be guilty of an offence under this section if the person — ( a ) contravenes the order without reasonable excuse; or ( b ) in purported compliance with the order produces or makes available any material known to the person to be false or misleading in a material particular without — (i) indicating to the authorised officer to whom the material is produced or made available that the material is false or misleading and the respect in which the material is false or misleading; and (ii) providing correct information to the authorised officer if the person is in possession of, or can reasonably acquire, the correct information. (2) A person guilty of an offence under subsection (1) 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. [33 Division 2 &#x2014; Search powers


document_id: cdtosccba-1992
provision_ref: s40
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 40
title: Authority for search
content:
40. —(1) An authorised officer may, for the purpose of an investigation into drug dealing or criminal conduct (as the case may be), apply to a court for a warrant under this section in relation to specified premises. [21/2014] (2) On such application, the court may issue a warrant authorising an authorised officer to enter and search the premises if the court is satisfied that — ( a ) an order made under section 36 or 37 in relation to material on the premises has not been complied with; ( b ) the conditions in subsection (3) are fulfilled; or ( c ) the conditions in subsection (4) are fulfilled. (3) The conditions mentioned in subsection (2)( b ) are — ( a ) that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug dealing or from criminal conduct, as the case may be; and ( b ) that the conditions in section 36(5)( b ) and ( c ) or 37(3)( b ) and ( c ) are fulfilled in relation to any material on the premises. [21/2014] (4) The conditions mentioned in subsection (2)( c ) are — ( a ) that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug dealing or from criminal conduct, as the case may be; and ( b ) that there are reasonable grounds for suspecting that there is on the premises material relating to the specified person or to drug dealing or criminal conduct (as the case may be) which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularised. [21/2014] (5) Where an authorised officer has entered any premises in the execution of a warrant issued under this section, he or she may seize and retain any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued. (6) Any person who hinders or obstructs an authorised officer in the execution of a warrant issued under this section 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. [34


document_id: cdtosccba-1992
provision_ref: s41
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 41
title: Supplementary provisions to sections 36, 38 and 40
content:
41. —(1) An authorised officer may photograph or make copies of any material — ( a ) produced or to which access is given under section 36; or ( b ) seized under section 40. (2) In sections 36, 38 and 40 — “court” means the General Division of the High Court and the District Court; “premises” includes any place and, in particular, includes — ( a ) any vehicle, vessel, aircraft, hovercraft or offshore structure; and ( b ) any tent or movable structure. [35 [21/2014; 40/2019] Division 3 &#x2014; Record-keeping and suspicious transaction reports [44/2007]


document_id: cdtosccba-1992
provision_ref: s42
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 42
title: Interpretation of this Division
content:
42. —(1) In this Division — “financial transaction document”, in relation to a financial institution, means any document that relates to a financial transaction carried out by the institution in its capacity as a financial institution, and includes but is not limited to a document that relates to — ( a ) the opening or closing by a person of an account with the institution; ( b ) the operation by a person of an account with the institution; ( c ) the opening or use by a person of a deposit box held by the institution; ( d ) the telegraphic or electronic transfer of funds by the institution on behalf of a person to another person; ( e ) the transmission of funds between Singapore and a foreign country or between foreign countries on behalf of a person; ( f ) an application by a person for a loan from the institution (where a loan is made to the person pursuant to the application); or ( g ) records of customer identification, or if the institution is a VCC, records of identification of its members; “minimum retention period”, in relation to a financial transaction document of a financial institution, means — ( a ) if the document relates to the opening of an account with the institution, the period of 5 years after the day on which the account is closed; ( b ) if the document relates to the opening by a person of a deposit box held by the institution, the period of 5 years after the day on which the deposit box ceases to be used by the person; or ( c ) in any other case, the period of 5 years after the day on which the transaction takes place. [2/2007; 44/2018] (2) In sections 43 and 44, a reference to a copy includes a copy retained in the form of microfilm, microfiche, electronic records in accordance with section 9(1) of the Electronic Transactions Act 2010 or such other form as the Monetary Authority of Singapore may approve. [36


document_id: cdtosccba-1992
provision_ref: s43
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 43
title: Retention of records by financial institutions
content:
43. —(1) A financial institution must retain, or retain a copy of, each financial transaction document for the minimum retention period applicable to the document. (2) A financial institution required to retain documents under this section must retain and store them in a manner that makes retrieval of the documents reasonably practicable. (3) A financial institution that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) This section does not limit any other obligation of a financial institution to retain documents. [37


document_id: cdtosccba-1992
provision_ref: s44
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 44
title: Register of original documents
content:
44. —(1) Where a financial institution is required by law to release an original of a financial transaction document before the end of the minimum retention period applicable to the document, the institution must retain a complete copy of the document until the period has ended or the original is returned, whichever occurs first. (2) The financial institution must maintain a register of documents released under subsection (1). (3) A financial institution that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [38


document_id: cdtosccba-1992
provision_ref: s45
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 45
title: Duty to disclose knowledge or suspicion
content:
45. —(1) Where a person knows or has reasonable grounds to suspect that any property — ( a ) in whole or in part, directly or indirectly, represents the proceeds of; ( b ) was used in connection with; or ( c ) is intended to be used in connection with, any act which may constitute drug dealing or criminal conduct (as the case may be) and the information or matter on which the knowledge or suspicion is based came to the person’s attention in the course of the person’s trade, profession, business or employment, the person must disclose the knowledge or suspicion or the information or other matter on which that knowledge or suspicion is based to a Suspicious Transaction Reporting Officer as soon as is reasonably practicable after it comes to the person’s attention. [44/2007; 21/2014] (2) To avoid doubt, where the property mentioned in subsection (1) is the subject of a transaction, the person mentioned in that subsection must make the disclosure mentioned in that subsection regardless of whether the transaction was completed. [2/2012] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) if the person is an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) if the person is not an individual, to a fine not exceeding $500,000. [51/2018] (4) The Minister may, by regulations, prescribe requirements for any person or class of persons in relation to the circumstances, manner and means of disclosure required under subsection (1). (5) Nothing in subsection (1) or (3) makes it an offence — ( a ) for an advocate and solicitor, or an interpreter or other person who works under the supervision of an advocate and solicitor, to fail to disclose any information or other matter which is an item subject to legal privilege; ( b ) for a legal counsel acting as such for his or her employer, or an interpreter or other person who works under the supervision of the legal counsel, to fail to disclose any information or other matter concerning the employer which is an item subject to legal privilege; or ( c ) for an arbitrator to fail to disclose any information or other matter which came to the arbitrator’s attention in the course of any arbitral proceedings in which the arbitrator acted as an arbitrator. [21/2014] (6) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question. (7) Where a person discloses in good faith to a Suspicious Transaction Reporting Officer — ( a ) the person’s knowledge or suspicion of the matters referred to in subsection (1)( a ), ( b ) or ( c ); or ( b ) any information or other matter on which that knowledge or suspicion is based, the disclosure is not to be treated as a breach of any restriction upon the disclosure imposed by law, contract or rules of professional conduct and the person shall not be liable for any loss arising out of the disclosure or any act or omission in consequence of the disclosure. [44/2007] (8) Without affecting subsection (6) or (7), in the case of a person who was in employment at the time in question, it is a defence to a charge of committing an offence under this section that the person disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by the person’s employer for the making of such disclosures. (9) A disclosure to which subsection (8) applies is not to be treated as a breach of any restriction imposed by law, contract or rules of professional conduct. (10) Despite section 77 and any other written law or rule of law, where a regulated person has disclosed under subsection (1) any thing to a Suspicious Transaction Reporting Officer, that Suspicious Transaction Reporting Officer (or any other Suspicious Transaction Reporting Officer) may, in order to enable the specified regulator of the regulated person to carry out any of its functions or duties, communicate that thing disclosed by the regulated person to the regulated person’s specified regulator. [Act 24 of 2024 wef 14/11/2024] (11) In this section — “regulated person”, in relation to a specified regulator, means any person who is approved, authorised, designated, recognised, registered, licensed or otherwise regulated by the specified regulator under any written law, and that is either — ( a ) prescribed as a regulated person of that specified regulator; or ( b ) a member of a class of persons prescribed as regulated persons of that specified regulator; “specified regulator” means — ( a ) any ministry, department or Organ of State of the Government, or a public officer of any ministry, department or Organ of State of the Government; or ( b ) a public authority established under any public Act for a public purpose or an officer or employee of the public authority, that is prescribed as a specified regulator. [39 [Act 24 of 2024 wef 14/11/2024]


document_id: cdtosccba-1992
provision_ref: s46
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 46
title: Protection where information given under section 45
content:
46. Where a person or an officer, employee or agent of a person, gives information under subsection (1) of section 45 as soon as practicable after having the knowledge mentioned in that subsection, the person or officer, employee or agent of the person is to be taken, for the purposes of sections 50, 51, 53, 54 and 55A, not to have been in possession of that information at any time. [40 [Act 15 of 2023 wef 08/02/2024]


document_id: cdtosccba-1992
provision_ref: s47
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 47
title: Information and identity of informers not to be disclosed
content:
47. —(1) Except as provided in subsection (3) — ( a ) information disclosed by an informer must not 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; or (ii) to answer any question if the answer thereto would lead, or would tend to lead, to the discovery of the name or address of the informer. [44/2007] (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 is to cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. [44/2007] (3) If a court — ( a ) in any proceedings before it for an offence under any written law, 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, 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. [44/2007] (4) In this section, “informer” means a person who makes a disclosure pursuant to a requirement under section 5(3) or pursuant to section 45(1). [40A [44/2007; 21/2014]


document_id: cdtosccba-1992
provision_ref: s48
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 48
title: Communication of information to foreign authority
content:
48. —(1) Despite section 77 and any other written law or rule of law, a Suspicious Transaction Reporting Officer may communicate any thing — ( a ) disclosed to the Suspicious Transaction Reporting Officer pursuant to a requirement under section 5(3) or pursuant to section 45(1); ( b ) given to the Suspicious Transaction Reporting Officer under section 60(4) or 62(4); ( c ) forwarded to the Suspicious Transaction Reporting Officer under section 61; ( d ) submitted to the Suspicious Transaction Reporting Officer under section 68(1); ( e ) filed with the Suspicious Transaction Reporting Officer under any regulations made under section 200 of the Casino Control Act 2006; ( f ) submitted to a Suspicious Transaction Reporting Officer under section 17 of the Precious Stones and Precious Metals (Prevention of Money Laundering, Terrorism Financing and Proliferation Financing) Act 2019; or [Act 6 of 2024 wef 01/05/2024] ( g ) submitted to a Suspicious Transaction Reporting Officer under section 74A of the Pawnbrokers Act 2015, to a corresponding authority of a foreign country if — ( h ) that thing may be relevant to an investigation by that authority into a foreign drug dealing offence or a foreign serious offence; and ( i ) the conditions in subsection (2) are satisfied. [44/2007; 21/2014; 7/2019] (2) The conditions mentioned in subsection (1) are as follows: ( a ) there exists an arrangement, or an international arrangement, under which the corresponding authority of the foreign country has agreed, or the corresponding authority of the foreign country has given an undertaking, to communicate to Singapore, upon Singapore’s request, information received by the corresponding authority that corresponds to any thing required to be disclosed, given, forwarded or submitted to, or filed with, a Suspicious Transaction Reporting Officer pursuant to a requirement under section 5(3) or under section 45(1) or any of the provisions mentioned in subsection (1)( b ) to ( g ), or required to be given to an immigration officer under section 60(4); ( b ) the Suspicious Transaction Reporting Officer is satisfied — (i) in any case where there exists an international arrangement mentioned in paragraph ( a ), that the corresponding authority has given appropriate undertakings under or in accordance with the international arrangement — (A) for protecting the confidentiality of any thing communicated to the corresponding authority; and (B) for controlling the use that will be made of that thing, including an undertaking that the thing will not be used as evidence in any proceedings; or (ii) in any other case, that the corresponding authority has given appropriate undertakings — (A) for protecting the confidentiality of any thing communicated to the corresponding authority; and (B) for controlling the use that will be made of that thing, including an undertaking that the thing will not be used as evidence in any proceedings; ( c ) such other conditions as the Minister may prescribe. [44/2007; 21/2014; 51/2018; 7/2019] (3) In this section — “corresponding authority”, in relation to a foreign country, means the authority of that foreign country responsible for receiving information that corresponds to any thing required to be disclosed to an authorised officer under section 45(1); “international arrangement” means an arrangement for cooperation in accordance with the rules or by‑laws of, or any principles or guidelines issued by, any prescribed international organisation, and to which the Suspicious Transaction Reporting Office mentioned in section 5 and the corresponding authority of a foreign country are parties. [41 [44/2007; 51/2018; 7/2019] Division 4 &#x2014; Disclosure of information held by public bodies


document_id: cdtosccba-1992
provision_ref: s49
chapter: PART 5 - INFORMATION GATHERING POWERS
section: 49
title: Disclosure of information held by public bodies
content:
49. —(1) Subject to subsection (6), the General Division of the High Court may, on an application by the Public Prosecutor, order any material mentioned in subsection (4) which is in the possession of a public body to be produced to the General Division of the High Court within such period as the General Division of the High Court may specify. [40/2019] (2) The power to make an order under subsection (1) is exercisable if — ( a ) the powers conferred on the General Division of the High Court by sections 19(1) and 20(1) are exercisable by virtue of section 18(1); or ( b ) those powers are exercisable by virtue of section 18(2) and the General Division of the High Court has made a restraint or charging order which has not been discharged. [40/2019] (3) Where the power to make an order under subsection (1) is exercisable by virtue only of subsection (2)( b ), section 18(4) applies for the purposes of this section as it applies for the purposes of sections 19 and 20. (4) The material mentioned in subsection (1) is any material which — ( a ) has been submitted to an officer of a public body by the defendant or by a person who has at any time held property which was realisable property; ( b ) has been made by an officer of a public body in relation to the defendant or such a person; or ( c ) is correspondence which passed between an officer of a public body and the defendant or such a person. (5) An order under subsection (1) may require the production of all material mentioned in subsection (4), or of a particular description of such material, being material in the possession of the body concerned. (6) An order under subsection (1) is not to require the production of any material unless it appears to the General Division of the High Court that the material is likely to contain information that would facilitate the exercise of the powers conferred on the General Division of the High Court by section 19, 20 or 22 or on a receiver appointed under section 19 or 22 or pursuant to a charging order. [40/2019] (7) The General Division of the High Court may, by order, authorise the disclosure to such a receiver of any material produced under subsection (1) or any part of such material. [40/2019] (8) The General Division of the High Court is not to make an order under subsection (7) unless a reasonable opportunity has been given for an officer of the public body to make representations to the General Division of the High Court. [40/2019] (9) Material disclosed pursuant to an order under subsection (7) may, subject to any conditions contained in the order, be further disclosed for the purposes of the functions under this Act of the receiver or the General Division of the High Court. [40/2019] (10) The General Division of the High Court may, by order, authorise the disclosure to an authorised officer of any material produced under subsection (1) or any part of such material. [40/2019] (11) The General Division of the High Court is not to make an order under subsection (10) unless — ( a ) a reasonable opportunity has been given for an officer of the public body to make representations to the General Division of the High Court; and ( b ) it appears to the General Division of the High Court that the material is likely to be of substantial value in exercising functions relating to drug dealing or criminal conduct, as the case may be. [21/2014; 40/2019] (12) Material disclosed pursuant to an order under subsection (10) may, subject to any conditions contained in the order, be further disclosed for the purposes of functions relating to drug dealing or criminal conduct, as the case may be. [21/2014] (13) Material may be produced or disclosed pursuant to this section despite any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise. (14) An order under subsection (1) and, in the case of material in the possession of a public body, an order under section 36(3) may require any officer of the public body (whether named in the order or not) who may for the time being be in possession of the material concerned to comply with it, and such an order must be served as if the proceedings were civil proceedings against the Government. (15) In this section, “public body” means — ( a ) any Ministry or Government department; and ( b ) any body specified by the Minister by notification in the Gazette to be a public body for the purposes of this section. [42


document_id: cdtosccba-1992
provision_ref: s50
chapter: PART 6 - OFFENCES
section: 50
title: Assisting another to retain benefits of drug dealing
content:
50. —(1) Subject to subsection (3), a person who enters into, or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that by the arrangement — ( a ) the retention or control by or on behalf of another (called in this subsection that other person) of that other person’s benefits of drug dealing is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or [Act 15 of 2023 wef 08/02/2024] ( b ) that other person’s benefits of drug dealing — (i) are used to secure funds that are placed at that other person’s disposal, directly or indirectly; or (ii) are used for that other person’s benefit to acquire property by way of investment or otherwise, and knowing or having reasonable grounds to believe that that other person is a person who carries on or has carried on drug dealing or has benefited from drug dealing, shall be guilty of an offence. [21/2014] (1A) Subject to subsection (3), a person ( A ) — ( a ) who enters into, or is otherwise concerned in, an arrangement under which — (i) the retention or control by or on behalf of another person ( B ) of B ’s, or any other person’s, benefits of drug dealing is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); (ii) funds that are placed at another person’s ( B ) disposal are secured, directly or indirectly, by B ’s, or any other person’s, benefits of drug dealing; or (iii) property is acquired for another person’s ( B ) benefit, by way of investment or otherwise, using B ’s, or any other person’s, benefits of drug dealing; and ( b ) who — (i) does so rashly in respect of the circumstance that the arrangement relates to benefits of drug dealing; or (ii) does so negligently, shall be guilty of an offence. [Act 15 of 2023 wef 08/02/2024] (2) In this section, references to any person’s benefits of drug dealing include a reference to any property which, in whole or in part, directly or indirectly, represented in the person’s hands the person’s benefits of drug dealing. [21/2014] (3) Where a person discloses to an authorised officer a suspicion or belief that any property, funds or investments are derived from or used in connection with drug dealing or any matter on which such a suspicion or belief is based — ( a ) if the person does any act in contravention of subsection (1) or (1A) and the disclosure relates to the arrangement concerned, the person shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is — (i) it is made before the person does the act concerned, being an act done with the consent of the authorised officer; or (ii) it is made after the person does the act, but is made on the person’s initiative and as soon as it is reasonable for the person to make it; [Act 15 of 2023 wef 08/02/2024] ( b ) the disclosure is not to be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct; and ( c ) the person shall not be liable in damages for any loss arising out of — (i) the disclosure; or (ii) any act done or omitted to be done in relation to the property, funds or investments in consequence of the disclosure. [21/2014] (4) In any proceedings against a person for an offence under this section, it is a defence to prove — ( a ) that the person did not know and had no reasonable ground to believe that the arrangement related to any person’s proceeds of drug dealing; ( b ) that the person did not know and had no reasonable ground to believe that, by the arrangement, the retention or control by or on behalf of the relevant person of any property was facilitated or (as the case may be) that, by the arrangement, any property was used as mentioned in subsection (1) or (1A), as the case may be; [Act 15 of 2023 wef 08/02/2024] ( c ) that — (i) the person intended to disclose to an authorised officer such suspicion, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and (ii) there is reasonable excuse for the person’s failure to make disclosure in accordance with subsection (3)( a ); or ( d ) that, in the case of a person who was in employment at the time in question and the person enters or is otherwise concerned in the arrangement in the course of his or her employment, the person disclosed the suspicion, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his or her employer for the making of such disclosures. [21/2014] (5) Any individual who commits an offence under subsection (1) shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 15 of 2023 wef 08/02/2024] (6) Any individual who commits an offence under subsection (1A) shall be liable on conviction — ( a ) in a case mentioned in subsection (1A)( b )(i), to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( b ) in a case mentioned in subsection (1A)( b )(ii), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 15 of 2023 wef 08/02/2024] (7) Any person who is not an individual who commits an offence under subsection (1) or (1A) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits of drug dealing in respect of which the offence was committed, whichever is higher. [43 [44/2007; 21/2014; 51/2018] [Act 15 of 2023 wef 08/02/2024]


document_id: cdtosccba-1992
provision_ref: s51
chapter: PART 6 - OFFENCES
section: 51
title: Assisting another to retain benefits from criminal conduct
content:
51. —(1) Subject to subsection (3), a person who enters into or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that, by the arrangement — ( a ) the retention or control by or on behalf of another (called in this subsection that other person) of that other person’s benefits from criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or [Act 15 of 2023 wef 08/02/2024] ( b ) that other person’s benefits from criminal conduct — (i) are used to secure funds that are placed at that other person’s disposal, directly or indirectly; or (ii) are used for that other person’s benefit to acquire property by way of investment or otherwise, and knowing or having reasonable grounds to believe that that other person is a person who engages in or has engaged in criminal conduct or has benefited from criminal conduct shall be guilty of an offence. [51/2018] (1A) Subject to subsection (3), a person ( A ) — ( a ) who enters into, or is otherwise concerned in, an arrangement under which — (i) the retention or control by or on behalf of another person ( B ) of B ’s, or any other person’s, benefits from criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); (ii) funds that are placed at another person’s ( B ) disposal are secured, directly or indirectly, by B ’s, or any other person’s, benefits from criminal conduct; or (iii) property is acquired for another person’s ( B ) benefit, by way of investment or otherwise, using B ’s, or any other person’s, benefits from criminal conduct; and ( b ) who — (i) does so rashly in respect of the circumstance that the arrangement relates to benefits from criminal conduct; or (ii) does so negligently, shall be guilty of an offence. [Act 15 of 2023 wef 08/02/2024] (2) In this section, references to any person’s benefits from criminal conduct include a reference to any property which, in whole or in part, directly or indirectly, represented in the person’s hands the person’s benefits from criminal conduct. (3) Where a person discloses to an authorised officer the person’s knowledge or belief that any property, funds or investments are derived from or used in connection with criminal conduct or any matter on which such knowledge or belief is based — ( a ) if the person does any act in contravention of subsection (1) or (1A) and the disclosure relates to the arrangement concerned, the person shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is — (i) it is made before the person does the act concerned, being an act done with the consent of the authorised officer; or (ii) it is made after the person does the act, but is made on the person’s initiative and as soon as it is reasonable for the person to make it; [Act 15 of 2023 wef 08/02/2024] ( b ) the disclosure is not to be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct; and ( c ) the person shall not be liable in damages for any loss arising out of — (i) the disclosure; or (ii) any act done or omitted to be done in relation to the property, funds or investments in consequence of the disclosure. (4) In any proceedings against a person for an offence under this section, it is a defence to prove — ( a ) that the person did not know and had no reasonable ground to believe that the arrangement related to any person’s proceeds derived from criminal conduct; ( b ) that the person did not know and had no reasonable ground to believe that, by the arrangement, the retention or control by or on behalf of the relevant person of any property was facilitated or (as the case may be) that, by the arrangement, any property was used as mentioned in subsection (1) or (1A), as the case may be; [Act 15 of 2023 wef 08/02/2024] ( c ) that — (i) the person intended to disclose to an authorised officer such knowledge, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and (ii) there is reasonable excuse for the person’s failure to make disclosure in accordance with subsection (3)( a ); ( d ) that, in the case of a person who was in employment at the time in question and the person enters or is otherwise concerned in the arrangement in the course of his or her employment, the person disclosed the knowledge, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his or her employer for the making of such disclosures. (5) Subject to subsections (8) and (9), any individual who commits an offence under subsection (1) shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 15 of 2023 wef 08/02/2024] [Act 21 of 2025 wef 30/12/2025] (6) Any individual who commits an offence under subsection (1A) shall be liable on conviction — ( a ) in a case mentioned in subsection (1A)( b )(i), to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( b ) in a case mentioned in subsection (1A)( b )(ii), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 15 of 2023 wef 08/02/2024] (7) Any person who is not an individual who commits an offence under subsection (1) or (1A) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits from criminal conduct in respect of which the offence was committed, whichever is higher. (8) Where an individual is convicted of an offence under subsection (1)( a ), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if — ( a ) it is proved, to the satisfaction of the court, that the retention or control by or on behalf of another person ( A ) of A ’s benefits from a serious scam offence was facilitated by the arrangement mentioned in subsection (1); and ( b ) the individual is not able to prove, to the satisfaction of the court, that he or she had taken reasonable steps to ensure that the retention or control of A ’s benefits from a serious scam offence would not be facilitated by the arrangement. [Act 21 of 2025 wef 30/12/2025] (9) Where an individual is convicted of an offence under subsection (1)( b ), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if — ( a ) it is proved, to the satisfaction of the court, that by the arrangement mentioned in subsection (1), another person’s ( A ) benefits from a serious scam offence — (i) were used to secure funds that are placed at A ’s disposal; or (ii) were used for A ’s benefit to acquire property; and ( b ) the individual is not able to prove, to the satisfaction of the court, that he or she had taken reasonable steps to ensure that A ’s benefits from a serious scam offence would not, by the arrangement, be used to secure funds that are placed at A ’s disposal or for A ’s benefit to acquire property (as the case may be). [Act 21 of 2025 wef 30/12/2025] (10) For the purposes of subsections (8)( a ) and (9)( a ), it is not necessary for the prosecution to prove that any person was convicted of the serious scam offence. [44 [44/2007; 21/2014; 51/2018] [Act 15 of 2023 wef 08/02/2024] [Act 21 of 2025 wef 30/12/2025]


document_id: cdtosccba-1992
provision_ref: s52
chapter: PART 6 - OFFENCES
section: 52
title: Restriction on revealing disclosure under sections 50 and 51
content:
52. —(1) Subject to subsection (2), no witness in any civil or criminal proceedings is obliged — ( a ) to reveal that a disclosure was made under section 50(3) or 51(3); ( b ) to reveal the identity of any person as the person making the disclosure; or ( c ) to answer any question if the answer would lead, or would tend to lead, to the revealing of any fact or matter referred to in paragraph ( a ) or ( b ). (2) Subsection (1) does not apply in any proceedings — ( a ) for an offence under section 50 or 51 or this section; or ( b ) where the court is of the opinion that justice cannot fully be done between the parties without revealing the disclosure or the identity of any person as the person making the disclosure. (3) Subject to subsections (4), (5) and (6), a person must not publish or broadcast any information so as to reveal or suggest — ( a ) that a disclosure was made under section 50(3) or 51(3); or ( b ) the identity of any person as the person making the disclosure. (4) In subsection (3), “information” — ( a ) includes a report of any civil or criminal proceedings; and ( b ) does not include information published for statistical purposes by, or under the authority of, the Government. (5) Subsection (3) does not apply in respect of proceedings — ( a ) against the person making the disclosure for an offence under section 50 or 51; or ( b ) for an offence under this section. (6) The court may, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of subsection (3) to such extent as may be specified in the order. (7) If information is published or broadcast in contravention of subsection (3), each of the following persons: ( a ) in the case of publication as part of a newspaper or periodical publication — any proprietor, editor, publisher and distributor thereof; ( b ) in the case of a publication otherwise than as part of a newspaper or periodical publication — any person who publishes it and any person who distributes it; ( c ) in the case of a broadcast — any person who broadcasts the information and, if the information is contained in a programme, any person who transmits or provides the programme and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (8) In this section — “broadcast” includes broadcast by radio, film, videotape or television; “publish” means publish in writing. [45


document_id: cdtosccba-1992
provision_ref: s53
chapter: PART 6 - OFFENCES
section: 53
title: Acquiring, possessing, using, concealing or transferring benefits of drug dealing
content:
53. —(1) Any person who — ( a ) conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, the person’s benefits of drug dealing; ( b ) converts or transfers that property or removes it from the jurisdiction; or ( c ) acquires, possesses or uses that property, shall be guilty of an offence. [44/2007; 21/2014] (2) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing — ( a ) conceals or disguises that property; or ( b ) converts or transfers that property or removes it from the jurisdiction, shall be guilty of an offence. [4/2010; 21/2014] (3) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing, acquires that property or has possession of or uses such property, shall be guilty of an offence. [44/2007; 4/2010; 21/2014] (3A) Any person — ( a ) who — (i) conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing; (ii) converts or transfers that property or removes it from the jurisdiction; or (iii) acquires, possesses or uses that property; and ( b ) who — (i) does so rashly in respect of the circumstance that the property represents another person’s benefits of drug dealing; or (ii) does so negligently, shall be guilty of an offence. [Act 15 of 2023 wef 08/02/2024] (4) In subsections (1)( a ), (2)( a ) and (3A)( a )(i), references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it. [Act 15 of 2023 wef 08/02/2024] (5) Any individual who commits an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 15 of 2023 wef 08/02/2024] (6) Any individual who commits an offence under subsection (3A) shall be liable on conviction — ( a ) in a case mentioned in subsection (3A)( b )(i), to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( b ) in a case mentioned in subsection (3A)( b )(ii), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 15 of 2023 wef 08/02/2024] (7) Any person who is not an individual who commits an offence under subsection (1), (2), (3) or (3A) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits of drug dealing in respect of which the offence was committed, whichever is higher. [46 [44/2007; 21/2014; 51/2018] [Act 15 of 2023 wef 08/02/2024]


document_id: cdtosccba-1992
provision_ref: s54
chapter: PART 6 - OFFENCES
section: 54
title: Acquiring, possessing, using, concealing or transferring benefits from criminal conduct
content:
54. —(1) Any person who — ( a ) conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, the person’s benefits from criminal conduct; ( b ) converts or transfers that property or removes it from the jurisdiction; or ( c ) acquires, possesses or uses that property, shall be guilty of an offence. [44/2007; 51/2018] (2) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct — ( a ) conceals or disguises that property; or ( b ) converts or transfers that property or removes it from the jurisdiction, shall be guilty of an offence. [4/2010] (3) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct, acquires that property, or has possession of or uses such property, shall be guilty of an offence. [44/2007; 4/2010] (3A) Any person — ( a ) who — (i) conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct; (ii) converts or transfers that property or removes it from the jurisdiction; or (iii) acquires, possesses or uses that property; and ( b ) who — (i) does so rashly in respect of the circumstance that the property represents another person’s benefits from criminal conduct; or (ii) does so negligently, shall be guilty of an offence. [Act 15 of 2023 wef 08/02/2024] (4) In subsections (1)( a ), (2)( a ) and (3A)( a )(i), references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it. [Act 15 of 2023 wef 08/02/2024] (5) Subject to subsection (8), any individual who commits an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 15 of 2023 wef 08/02/2024] [Act 21 of 2025 wef 30/12/2025] (6) Any individual who commits an offence under subsection (3A) shall be liable on conviction — ( a ) in a case mentioned in subsection (3A)( b )(i), to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( b ) in a case mentioned in subsection (3A)( b )(ii), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 15 of 2023 wef 08/02/2024] (7) Any person who is not an individual who commits an offence under subsection (1), (2), (3) or (3A) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits from criminal conduct in respect of which the offence was committed, whichever is higher. (8) Where an individual is convicted of an offence under subsection (1), (2) or (3), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if — ( a ) it is proved, to the satisfaction of the court, that the property mentioned in subsection (1), (2) or (3) (as the case may be) is, or represents (in whole or in part, directly or indirectly), a person’s benefits from a serious scam offence; and ( b ) for an individual who is a person mentioned in subsection (2) or (3), the individual is not able to prove, to the satisfaction of the court, that he or she had taken reasonable steps to ensure that the property is not, and does not represent (in whole or in part, directly or indirectly), any person’s benefits from a serious scam offence. [Act 21 of 2025 wef 30/12/2025] (9) For the purposes of subsection (8)( a ), it is not necessary for the prosecution to prove that any person was convicted of the serious scam offence. [47 [44/2007; 21/2014; 51/2018] [Act 15 of 2023 wef 08/02/2024] [Act 21 of 2025 wef 30/12/2025]


document_id: cdtosccba-1992
provision_ref: s55
chapter: PART 6 - OFFENCES
section: 55
title: Possessing or using property reasonably suspected to be benefits from drug dealing, etc.
content:
55. —(1) Any person who possesses or uses any property that may be reasonably suspected of being, or of in whole or in part, directly or indirectly, representing, any benefits of drug dealing or benefits from criminal conduct shall, if the person fails to account satisfactorily how the person came by the property, be guilty of an offence. [51/2018] (2) Any person who commits an offence under subsection (1) shall be liable on conviction — ( a ) if the person is an individual, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) if the person is not an individual, to a fine not exceeding $300,000. [47AA [51/2018]


document_id: cdtosccba-1992
provision_ref: s55A
chapter: PART 6 - OFFENCES
section: 55A
title:
Assisting another to retain benefits of drug dealing or benefits from criminal conduct in certain circumstances, etc.

content:
55A. —(1) Any person ( A ) — ( a ) who enters into, or is otherwise concerned in, an arrangement under which — (i) the retention or control by or on behalf of another person ( B ) of B ’s, or any other person’s, benefits of drug dealing or benefits from criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); (ii) funds that are placed at another person’s ( B ) disposal are secured, directly or indirectly, by B ’s, or any other person’s, benefits of drug dealing or benefits from criminal conduct; or (iii) property is acquired for another person’s ( B ) benefit, by way of investment or otherwise, using B ’s, or any other person’s, benefits of drug dealing or benefits from criminal conduct; and ( b ) who does so in any of the following circumstances: (i) the value of the benefits of drug dealing or benefits from criminal conduct involved in the arrangement mentioned in paragraph ( a ) is disproportionate to A ’s known sources of income; (ii) under the arrangement mentioned in paragraph ( a ) — (A) A enables B or any other person to access, operate or control a payment account which A is able to access, operate or control; and (B) at the time A enters into or becomes concerned with the arrangement, A fails to take reasonable steps to ascertain the purpose of B or that other person being able to access, operate or control the payment account mentioned in sub-paragraph (A); (iii) under the arrangement mentioned in paragraph ( a ) — (A) money is received in or transferred from a payment account which A is able to access, operate or control; and (B) at the time A enters into or becomes concerned with the arrangement, A fails to take reasonable steps to ascertain the source or destination of the money; (iv) under the arrangement mentioned in paragraph ( a ) — (A) A receives money from or transfers money to B or any other person; and (B) at the time A enters into or becomes concerned with the arrangement, A fails to take reasonable steps to ascertain B ’s or that other person’s identity and physical location, shall be guilty of an offence. (2) Any person ( A ) — ( a ) who — (i) conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing or benefits from criminal conduct; (ii) converts or transfers that property or removes it from the jurisdiction; or (iii) acquires, possesses or uses that property; and ( b ) who does so in any of the following circumstances: (i) the value of the property mentioned in paragraph ( a ) is disproportionate to A ’s known sources of income; (ii) in a case mentioned in paragraph ( a )(iii) — (A) A acquires, possesses or uses the property through a payment account which A is able to access, operate or control; (B) A enables another person ( B ) to access, operate or control the payment account mentioned in sub-paragraph (A); and (C) at the time A enters into or becomes concerned with the arrangement, A fails to take reasonable steps to ascertain the purpose of B being able to access, operate or control the payment account mentioned in sub-paragraph (A); (iii) A does the act mentioned in paragraph ( a ) — (A) by receiving money in or transferring money from a payment account which A is able to access, operate or control; and (B) at the time A receives or transfers the money, A fails to take reasonable steps to ascertain the source or destination of the money; (iv) A does the act mentioned in paragraph ( a ) — (A) by receiving property from or by transferring property to another person ( C ); and (B) at the time A receives or transfers the property, A fails to take reasonable steps to ascertain C ’s identity and physical location, shall be guilty of an offence. (3) In any 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 believe that the arrangement mentioned in subsection (1)( a ) related to any person’s benefits of drug dealing or benefits from criminal conduct, as the case may be. (4) In any proceedings against a person for an offence under subsection (2), it is a defence to prove that the person did not know and had no reasonable ground to believe that the property mentioned in subsection (2)( a ) represented any person’s benefits of drug dealing or benefits from criminal conduct, as the case may be. (5) Any individual who commits an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. (6) Any person who is not an individual who commits an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits of drug dealing or benefits from criminal conduct (as the case may be) in respect of which the offence was committed, whichever is higher. (7) In this section, “payment account” has the meaning given by section 2(1) of the Payment Services Act 2019. [Act 15 of 2023 wef 08/02/2024]


document_id: cdtosccba-1992
provision_ref: s56
chapter: PART 6 - OFFENCES
section: 56
title: Proof and knowledge, etc., of predicate offence
content:
56. —(1) For the purpose of proving under this Part whether the whole or any part of any property constitutes, or directly or indirectly represents, the benefits of drug dealing or the benefits from criminal conduct, it is not necessary for the prosecution to prove the particulars of any offence constituted by the drug dealing or criminal conduct. [21/2014] (2) For the purpose of proving under this Part whether a person knows or has reasonable grounds to believe that the whole or any part of any property constitutes, or directly or indirectly represents, the benefits of drug dealing or the benefits from criminal conduct — ( a ) it is sufficient for the prosecution to prove that the person knows or has reasonable grounds to believe that the whole or part of the property constitutes, or directly or indirectly represents, the benefits of an offence generally; and ( b ) it is not necessary for the prosecution to prove that the person knows or has reasonable grounds to believe that the whole or part of the property constitutes, or directly or indirectly represents, the benefits of a particular offence. [21/2014] (3) For the purpose of proving under this Part whether doing or being concerned in any act in a foreign country constitutes drug dealing or criminal conduct — ( a ) where the prosecution adduces, to the satisfaction of the court, some evidence that doing or being concerned in the act satisfies every element of a foreign drug dealing offence or foreign serious offence, it is presumed, until the contrary is proved, that the act constitutes that foreign drug dealing offence or foreign serious offence, as the case may be; and ( b ) without affecting section 59(1)( b ) of the Evidence Act 1893, the court may take judicial notice of any Act passed by the legislature of that foreign country. [51/2018] (4) Section 59(2) and (3) of the Evidence Act 1893 applies to the taking of judicial notice under subsection (3)( b ). (5) For the purpose of proving an offence under section 50(1) or (1A) against a person for entering into, or for otherwise being concerned in, an arrangement involving property that relates to the benefits of drug dealing, it is not necessary for the prosecution to prove as a physical element of that offence that the property is in fact the benefits of drug dealing. [Act 24 of 2024 wef 14/11/2024] (6) For the purpose of proving an offence under section 51(1) or (1A) against a person for entering into, or for otherwise being concerned in, an arrangement involving property that relates to the benefits from criminal conduct, it is not necessary for the prosecution to prove as a physical element of that offence that the property is in fact the benefits from criminal conduct. [Act 24 of 2024 wef 14/11/2024] (7) For the purpose of proving an offence under section 53(1), (2), (3) or (3A) against a person for any act mentioned in those provisions involving property that relates to the benefits of drug dealing, it is not necessary for the prosecution to prove as a physical element of that offence that the property is in fact the benefits of drug dealing. [Act 24 of 2024 wef 14/11/2024] (8) For the purpose of proving an offence under section 54(1), (2), (3) or (3A) against a person for any act mentioned in those provisions involving property that relates to the benefits from criminal conduct, it is not necessary for the prosecution to prove as a physical element of that offence that the property is in fact the benefits from criminal conduct. [Act 24 of 2024 wef 14/11/2024] (9) For the purpose of proving an offence under section 55A(1) against a person for entering into, or for otherwise being concerned in, an arrangement involving property that relates to the benefits of drug dealing or the benefits from criminal conduct, it is not necessary for the prosecution to prove as a physical element of that offence that the property is in fact the benefits of drug dealing or the benefits from criminal conduct, as the case may be. [Act 24 of 2024 wef 14/11/2024] (10) For the purpose of proving an offence under section 55A(2) against a person for any act mentioned in that provision involving property that relates to the benefits of drug dealing or the benefits from criminal conduct, it is not necessary for the prosecution to prove as a physical element of that offence that the property is in fact the benefits of drug dealing or the benefits from criminal conduct, as the case may be. [47A [51/2018] [Act 24 of 2024 wef 14/11/2024]


document_id: cdtosccba-1992
provision_ref: s57
chapter: PART 6 - OFFENCES
section: 57
title: Tipping-off
content:
57. —(1) Any person who — ( a ) knows or has reasonable grounds to suspect that an authorised 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 or any subsidiary legislation made under this Act; and ( b ) 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 $250,000 or to imprisonment for a term not exceeding 3 years or to both. [51/2018] (2) Any person who — ( a ) knows or has reasonable grounds to suspect that a disclosure has been or is being made to an authorised officer under this Act (called in this section the disclosure); and ( b ) discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 3 years or to both. [4/2010; 51/2018] (3) Nothing in subsection (1) or (2) 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 her 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; and (ii) for the purpose of those proceedings. (4) Nothing in subsection (1) or (2) makes it an offence for a legal counsel acting as such for his or her employer, or a person who works under the supervision of the legal counsel, to disclose any information or other matter — ( a ) to the employer in connection with the giving of legal advice to the employer, or to any employee or officer of the employer, in the course of and for the purpose of the employment of the legal counsel as such; or ( b ) to any person — (i) in contemplation of, or in connection with, legal proceedings concerning the employer; and (ii) for the purposes of those proceedings. [21/2014] (5) Subsections (3) and (4) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose. [21/2014] (6) In proceedings against a person for an offence under subsection (1) or (2), 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) or (2). (7) No authorised officer or other person shall be guilty of an offence under this section in respect of anything done by the authorised officer or person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other written law relating to drug dealing or criminal conduct. [48 [21/2014]


document_id: cdtosccba-1992
provision_ref: s58
chapter: PART 6A - CROSS BORDER MOVEMENTS OF PHYSICAL CURRENCY
section: 58
title: Object of this Part
content:
58. The object of this Part is to impose measures for the disclosure of information regarding movements of physical currency and bearer negotiable instruments into and out of Singapore for the purpose of detecting, investigating and prosecuting drug dealing offences and serious offences, and to allow the confiscation of any physical currency or bearer negotiable instrument moved, attempted to be moved, or received, in contravention of the requirements under this Part. [48A [44/2007; 21/2014; 51/2018]


document_id: cdtosccba-1992
provision_ref: s59
chapter: PART 6A - CROSS BORDER MOVEMENTS OF PHYSICAL CURRENCY
section: 59
title: Interpretation of this Part
content:
59. —(1) In this Part — “bearer negotiable instrument” means — ( a ) a traveller’s cheque; or ( b ) any negotiable instrument that is in bearer form, indorsed without any restriction, made out to a fictitious payee or otherwise in such form that title thereto passes upon delivery, and includes a negotiable instrument that has been signed but with the payee’s name omitted; “business day” means a day other than a Saturday, Sunday or public holiday; “cash” means physical currency or a bearer negotiable instrument; “commercial goods carrier” means a person who, in the normal course of a business, carries goods or mail for reward, and includes the person’s employee; “commercial passenger carrier” means a person who, in the normal course of a business, carries passengers for reward, and includes the person’s employee; “eligible place” means any islet, landing place, wharf, dock, railway or quay or premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act 1996 or the Civil Aviation Authority of Singapore Act 2009; “embarkation location” means an immigration control post, place of embarkation, authorised airport, authorised point of departure, authorised train checkpoint or authorised departing place declared under section 5(3) of the Immigration Act 1959; “immigration officer” means the Controller of Immigration or any immigration officer appointed under section 3 of the Immigration Act 1959, and includes an officer of customs; “physical currency” means the coin and printed money (whether of Singapore or of a foreign country) that — ( a ) is designated as legal tender; and ( b ) circulates as, and is customarily used and accepted as, a medium of exchange in the country of issue; “printed money” means money comprising a note printed, written or otherwise made on polymer, paper or any other material; “railway” has the meaning given by the Railways Act 1905 but does not include any rapid transit system set up under the Rapid Transit Systems Act 1995; “send” includes send through the post or by means of another person. [44/2007; 17/2009] (2) In determining whether an amount of foreign currency (including an amount in which a document is denominated) is equivalent to a Singapore dollar amount under this Part, the amount of foreign currency is to be translated to Singapore currency at the exchange rate applicable at the relevant time. [44/2007] (3) For the purposes of this Part –– ( a ) a person moves cash out of Singapore if the person takes or sends the cash (whether in a receptacle or otherwise) out of Singapore; and ( b ) a person moves cash into Singapore if the person brings or sends the cash (whether in a receptacle or otherwise) into Singapore. [48B [44/2007]


document_id: cdtosccba-1992
provision_ref: s60
chapter: PART 6A - CROSS BORDER MOVEMENTS OF PHYSICAL CURRENCY
section: 60
title: Reports about cross border movements of cash
content:
60. —(1) A person must not move or attempt to move into or out of Singapore cash the total value of which exceeds the prescribed amount (or its equivalent in a foreign currency), without giving a report in respect of the movement in accordance with this section. [44/2007; 21/2014] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. [44/2007] (3) It is a defence for a person charged with an offence under subsection (2) to prove that the person did not know and had no reasonable ground to believe that the receptacle within which the cash was moved or attempted to be moved contained cash. [44/2007] (4) A report under this section must — ( a ) be in the prescribed form; ( b ) contain full and accurate information relating to the matter being reported as is specified in the form; ( c ) be given — (i) to an immigration officer if the movement of the cash is to be effected by a person bringing or taking the cash into or out of Singapore with the person; or (ii) in any other case, to a Suspicious Transaction Reporting Officer or, if regulations permit, to an immigration officer; and ( d ) be given at the prescribed time. [44/2007] (5) The Minister may make regulations for the matters referred to in this section; and may, for the purposes of subsection (4)( a ) and ( d ), prescribe different forms and different times — ( a ) for different manners of moving cash into and out of Singapore; and ( b ) for different classes of persons. [44/2007; 21/2014] (6) Subsection (1) does not apply if — ( a ) the person is a commercial passenger carrier; and ( b ) the cash is in the possession of any of the carrier’s passengers. [44/2007] (7) Subsection (1) does not apply if –– ( a ) the person is a commercial goods carrier; ( b ) the cash is carried on behalf of another person; ( c ) the other person has not disclosed to the carrier that the goods carried on behalf of the other person include cash; and ( d ) the carrier does not know and has no reasonable ground to believe that the goods carried on behalf of the other person include cash. [44/2007] (8) The burden of proving the matters referred to in subsection (6) or (7) lies with the person who wishes to rely on that subsection. [48C [44/2007]


document_id: cdtosccba-1992
provision_ref: s61
chapter: PART 6A - CROSS BORDER MOVEMENTS OF PHYSICAL CURRENCY
section: 61
title: Obligation of immigration officers
content:
61. If a report under section 60 is given to an immigration officer, he or she must, on request, within a reasonable time forward it to a Suspicious Transaction Reporting Officer. [48D [44/2007]


document_id: cdtosccba-1992
provision_ref: s62
chapter: PART 6A - CROSS BORDER MOVEMENTS OF PHYSICAL CURRENCY
section: 62
title: Reports about receipts of cash from outside Singapore
content:
62. —(1) A person who receives cash the total value of which exceeds the prescribed amount (or its equivalent in a foreign currency), which is moved to the person from outside Singapore, must make a report in respect of the receipt in accordance with this section before the end of the period of 5 business days beginning on the day of the receipt. [44/2007; 21/2014] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. [44/2007] (3) It is a defence for a person charged with an offence under subsection (2) to prove that the person did not know and had no reasonable ground to believe that the cash was moved from outside Singapore. [44/2007] (4) A report under this section must — ( a ) be in the prescribed form; ( b ) contain full and accurate information relating to the receipt being reported as is specified in the form; and ( c ) be given to a Suspicious Transaction Reporting Officer. [44/2007] (5) The Minister may make regulations for the matters referred to in this section. [48E [21/2014]


document_id: cdtosccba-1992
provision_ref: s63
chapter: PART 6A - CROSS BORDER MOVEMENTS OF PHYSICAL CURRENCY
section: 63
title: Questioning and search powers in relation to cash
content:
63. —(1) A person who — ( a ) is about to leave Singapore; ( b ) is in an embarkation location for the purpose of leaving Singapore; or ( c ) arrives in Singapore, must, if required to do so by an authorised officer or immigration officer — ( d ) declare whether or not the person has with him or her any cash; ( e ) declare the total value of any cash that the person has with him or her; ( f ) declare whether or not, to the best of the person’s knowledge and belief, a report under section 60 has been given in respect of any cash that the person has with him or her; ( g ) produce to the officer any cash that the person has with him or her; and ( h ) answer any question the officer may have with respect to the cash. [44/2007] (2) An authorised officer or immigration officer may, with such assistance as is reasonable and necessary, examine any article or baggage which a person has with him or her if the person — ( a ) is about to leave Singapore; ( b ) is in an embarkation location for the purpose of leaving Singapore; or ( c ) has arrived in Singapore, for the purpose of finding out whether the person has with him or her any cash in respect of which a report under section 60 is required. [44/2007] (3) An authorised officer or immigration officer may, with such assistance as is reasonable and necessary, search a person for the purpose of finding out whether the person has with him or her any cash in respect of which a report under section 60 is required, so long as — ( a ) the person — (i) is about to leave Singapore; (ii) is in an embarkation location for the purpose of leaving Singapore; or (iii) has arrived in Singapore; and ( b ) the officer has reasonable grounds to suspect that there is on the person or in clothing being worn by the person, cash in respect of which a report under section 60 is required. [44/2007] (4) If an authorised officer or immigration officer has reasonable grounds to suspect that any cash found in the course of an examination or search under subsection (2) or (3) may afford evidence as to the commission of an offence under section 60, the officer may seize the cash. [44/2007] (5) A person must not be searched under subsection (3) except by a person of the same sex. [44/2007] (6) An authorised officer or immigration officer, and any person assisting the officer, may board any motor vehicle, train, vessel or aircraft or enter any premises for the purpose of exercising the powers conferred by subsection (1), (2), (3) or (4). [44/2007] (7) An authorised officer or immigration officer may, with such assistance as is reasonable and necessary — ( a ) board a motor vehicle, train, vessel or aircraft; and ( b ) examine or search the motor vehicle, train, vessel or aircraft, and any thing found on the motor vehicle, train, vessel or aircraft, for the purpose of ascertaining whether there is on board the motor vehicle, train, vessel or aircraft any cash in respect of which a report under section 60 is required. [44/2007] (8) Where an authorised officer or immigration officer has reasonable grounds to suspect that an offence under section 60 may have been committed, the officer may, with such assistance as is reasonable and necessary — ( a ) enter any eligible place; and ( b ) search the place, and any thing found at or in it, for the purpose of ascertaining whether there is at or in the place, or in the thing, any cash in respect of which a report under section 60 is required. [44/2007] (9) If an authorised officer or immigration officer has reasonable grounds to suspect that cash found in the course of a search under subsection (7) or (8) may afford evidence as to the commission of an offence under section 60, the officer may seize the cash. [44/2007] (10) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1), or pursuant to any such requirement knowingly or recklessly makes a declaration or gives an answer that is false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. [48F [44/2007]


document_id: cdtosccba-1992
provision_ref: s64
chapter: PART 6A - CROSS BORDER MOVEMENTS OF PHYSICAL CURRENCY
section: 64
title: Confiscation orders for offences under section 60 or 62
content:
64. Where a defendant is convicted of an offence under section 60(2) or 62(2), the court may, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of any part of the cash, in relation to which the offence was committed, that exceeds the prescribed amount (or its equivalent in a foreign currency). [48FA [51/2018]


document_id: cdtosccba-1992
provision_ref: s65
chapter: PART 6A - CROSS BORDER MOVEMENTS OF PHYSICAL CURRENCY
section: 65
title: Power to exempt
content:
65. —(1) The Minister may, by order in the Gazette , with or without conditions, exempt any person or class of persons from section 60 or 62, or both. [44/2007] (2) If any exemption is granted under subsection (1) with conditions, the exemption operates only if the conditions are complied with. [48G [44/2007]


document_id: cdtosccba-1992
provision_ref: s66
chapter: PART 6B - CASH TRANSACTION REPORTS
section: 66
title: Interpretation of this Part
content:
66. In this Part, unless the context otherwise requires — “cash” means currency notes and coins (whether of Singapore or of a foreign country) which are legal tender and circulate as money in the country of issue; “cash transaction” means a cash transaction which is of a type prescribed for the purposes of this definition; “cash transaction report” means a cash transaction report submitted to a Suspicious Transaction Reporting Officer under section 68(1); “customer” means any person who is involved in any cash transaction with a prescribed person; “prescribed person” means any person who is prescribed, or who belongs to a class of persons which is prescribed, for the purposes of this definition. [48H [21/2014]


document_id: cdtosccba-1992
provision_ref: s67
chapter: PART 6B - CASH TRANSACTION REPORTS
section: 67
title: Customer due diligence measures, etc.
content:
67. —(1) A prescribed person must perform such customer due diligence measures and internal control measures as may be prescribed, before entering into any of the following: ( a ) a single cash transaction with a customer the value of which exceeds the prescribed amount (or its equivalent in a foreign currency); ( b ) 2 or more cash transactions in a single day with the same customer, or with customers whom the prescribed person knows act on behalf of the same person, the total value of which exceeds the prescribed amount (or its equivalent in a foreign currency). [21/2014] (2) The prescribed person must not proceed with any cash transaction mentioned in subsection (1) if there exists such circumstances as may be prescribed. [21/2014] (3) A prescribed person must maintain — ( a ) a record of each cash transaction mentioned in subsection (1) containing the prescribed information on that transaction; ( b ) a record of all information relating to a customer which is obtained through the customer due diligence measures performed for that transaction; and ( c ) a copy of each supporting document relied on in support of any information mentioned in paragraph ( b ). [21/2014] (4) Any prescribed person who fails to comply with subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. [48I [21/2014]


document_id: cdtosccba-1992
provision_ref: s68
chapter: PART 6B - CASH TRANSACTION REPORTS
section: 68
title: Cash transaction reports
content:
68. —(1) A prescribed person who enters into any cash transaction mentioned in section 67(1) must submit to a Suspicious Transaction Reporting Officer, within the prescribed time, a cash transaction report relating to that transaction in the prescribed form. [21/2014] (2) A prescribed person must maintain — ( a ) a copy of each cash transaction report submitted under subsection (1); and ( b ) a copy of each supporting document relied on in support of any information contained in that cash transaction report. [21/2014] (3) Any prescribed person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. [48J [21/2014]


document_id: cdtosccba-1992
provision_ref: s69
chapter: PART 6B - CASH TRANSACTION REPORTS
section: 69
title: Keeping of records
content:
69. —(1) A prescribed person must maintain each record mentioned in section 67(3)( a ) relating to a cash transaction, each record mentioned in section 67(3)( b ) relating to information obtained through the customer due diligence measures performed for that transaction, and each copy mentioned in section 67(3)( c ) of a supporting document relating to that information, for a period of 5 years after the date on which the cash transaction report relating to that transaction was submitted under section 68(1). [21/2014] (2) A prescribed person must maintain each copy mentioned in section 68(2)( a ) of a cash transaction report, and each copy mentioned in section 68(2)( b ) of a supporting document relating to information contained in that cash transaction report, for a period of 5 years after the date on which that cash transaction report was submitted under section 68(1). [21/2014] (3) Any prescribed person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. [48K [21/2014]


document_id: cdtosccba-1992
provision_ref: s70
chapter: PART 7 - MISCELLANEOUS
section: 70
title: Offence of prejudicing investigation
content:
70. —(1) Where, in relation to an investigation into drug dealing or criminal conduct (as the case may be), an order under section 36 has been made or has been applied for and has not been refused or a warrant under section 40 has been issued, a person who, knowing or suspecting that the investigation is taking place, makes any disclosure which is likely to prejudice the investigation shall be guilty of an offence. [21/2014] (2) In proceedings against a person for an offence under this section, it is a defence to prove that — ( a ) the person did not know or suspect that the disclosure was likely to prejudice the investigation; or ( b ) the person had lawful authority or reasonable excuse for making the disclosure. (3) Any person who commits an offence under this section 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. [49


document_id: cdtosccba-1992
provision_ref: s71
chapter: PART 7 - MISCELLANEOUS
section: 71
title: Compensation
content:
71. —(1) If an investigation is begun against a person for a drug dealing offence or a serious offence (as the case may be) or offences and any of the following circumstances occur, namely: ( a ) no proceedings are instituted against that person; ( b ) proceedings are instituted against that person but do not result in the person’s conviction for any drug dealing offence or serious offence, as the case may be; ( c ) proceedings are instituted against that person and the person is convicted of one or more drug dealing offences or serious offences (as the case may be), but — (i) the conviction or convictions concerned are quashed; or (ii) the person is granted a pardon in respect of the conviction or convictions concerned, the General Division of the High 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 General Division of the High Court considers it appropriate to make such an order. [21/2014; 40/2019] (2) The General Division of the High Court is not to order compensation to be paid under subsection (1) unless it is satisfied that — ( a ) there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned; and ( b ) the applicant has suffered loss in consequence of anything done in relation to the property by, or pursuant to an order of, the General Division of the High Court under section 19, 20 or 22. [40/2019] (3) The General Division of the High Court is not to order compensation to be paid under subsection (1) in any case where it appears to the General Division of the High Court that the investigation would have been continued, or the proceedings would have been instituted or continued (as the case may be) if the serious default had not occurred. [40/2019] (4) Without affecting subsection (1), where — ( a ) a disclosure is made by any person in accordance with section 50(3) in relation to any property; ( b ) in consequence of the disclosure and for the purposes of an investigation or prosecution in respect of a drug dealing offence or a serious offence or offences any act is done or omitted to be done in relation to that property; and ( c ) no proceedings are instituted against any person in respect of that offence or offences or no order is made by the General Division of the High Court under section 19 or 20 in relation to that property, the General Division of the High Court may, on application by a person who held the property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the General Division of the High Court considers it appropriate to make such an order. [21/2014; 40/2019] (5) The General Division of the High Court is not to order compensation to be paid under subsection (4) unless it is satisfied that — ( a ) there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned and that, but for that default, the act or omission referred to in subsection (4)( b ) would not have occurred; and ( b ) the applicant has, in consequence of the act or omission referred to in subsection (4)( b ), suffered loss in relation to the property. [40/2019] (6) The amount of compensation to be paid under this section is such as the General Division of the High Court thinks just in all the circumstances of the case. [50 [40/2019]


document_id: cdtosccba-1992
provision_ref: s72
chapter: PART 7 - MISCELLANEOUS
section: 72
title: Standard of proof
content:
72. —(1) Any question of fact to be decided by a court in proceedings under this Act is to be decided on the balance of probabilities. (2) Subsection (1) does not apply in relation to any question of fact that is for the prosecution to prove in any proceedings for an offence under this Act or any regulations made under this Act. [51


document_id: cdtosccba-1992
provision_ref: s73
chapter: PART 7 - MISCELLANEOUS
section: 73
title: Conduct by directors, employees or agents
content:
73. —(1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, employee or agent of the body corporate, being a director, employee or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. (2) Any conduct engaged in or on behalf of a body corporate — ( a ) by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or ( b ) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent, is deemed, for the purposes of this Act, to have been engaged in by the body corporate. (3) Where it is necessary, for the purposes of this Act, to establish the state of mind of a person in relation to conduct deemed by subsection (4) to have been engaged in by the person, it is sufficient to show that an employee or agent of the person, being an employee or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. (4) Conduct engaged in or on behalf of a person other than a body corporate — ( a ) by an employee or agent of the person within the scope of his or her actual or apparent authority; or ( b ) by any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the firstmentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent, is deemed, for the purposes of this Act, to have been engaged in by the firstmentioned person. (5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the person’s intention, opinion, belief or purpose. [52


document_id: cdtosccba-1992
provision_ref: s74
chapter: PART 7 - MISCELLANEOUS
section: 74
title: Evidence of corresponding law or foreign law
content:
74. —(1) A document purporting to be issued by or on behalf of the government of a foreign country or part thereof and purporting to state the terms of — ( a ) a corresponding law in force in that country or part thereof; or ( b ) a law in relation to a foreign serious offence in force in that country or part thereof, is admissible in evidence for the purpose of proving the matters referred to in subsection (2), in any proceedings under this Act or any subsidiary legislation made under this Act, on its production by the Public Prosecutor or by any person duly authorised by the Public Prosecutor in writing. [15/2010; 21/2014] (2) Such document is sufficient evidence — ( a ) that it is issued by or on behalf of the government of the foreign country or part thereof stated in the document; ( b ) that the terms of the corresponding law or the law of the foreign country or part thereof are as stated in the document; and ( c ) that any fact stated in the document as constituting an offence under that law does constitute such offence. [53 [21/2014]


document_id: cdtosccba-1992
provision_ref: s75
chapter: PART 7 - MISCELLANEOUS
section: 75
title: Proof of convictions and acquittals
content:
75. —(1) For the purposes of any proceedings under this Act or any subsidiary legislation made under this Act, the fact that a person has been convicted or acquitted of an offence by or before any court in Singapore or by a foreign court, is admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that the person committed (or, as the case may be, did not commit) that offence, whether or not the person is a party to the proceedings; and where the person was convicted whether the person was so convicted upon a plea of guilt or otherwise. (2) The court is to accept the conviction mentioned in subsection (1) as conclusive unless — ( a ) it is subject to review or appeal that has not yet been determined; ( b ) it has been quashed or set aside; or ( c ) the court is of the view that it is contrary to the interests of justice or the public interest to accept the conviction as conclusive. (3) A person proved to have been convicted of an offence under this section is to be taken to have committed the acts and to have possessed the state of mind (if any) which at law constitute that offence. (4) Any conviction or acquittal admissible under this section may be proved — ( a ) in the case of a conviction or acquittal before a court in Singapore — by a certificate of conviction or acquittal, signed by the Registrar; or ( b ) in the case of a conviction or acquittal before a foreign court — by a certificate or certified official record of proceedings issued by that foreign court and duly authenticated by the official seal of a Minister of the country of the foreign court, giving the substance and effect of the charge and of the conviction or acquittal. [54


document_id: cdtosccba-1992
provision_ref: s76
chapter: PART 7 - MISCELLANEOUS
section: 76
title: Powers of arrest and investigations
content:
76. —(1) An authorised officer or an officer of customs may arrest without warrant any person whom he or she reasonably believes has committed an offence under this Act or the regulations made under this Act. [4/2003] (2) An immigration officer within the meaning of section 59 may arrest without warrant any person whom he or she reasonably believes has committed an offence under section 60. [44/2007] (3) An authorised officer who is not a police officer may exercise all or any of the powers in relation to investigations into an arrestable offence conferred on a police officer by the Criminal Procedure Code 2010 in any case relating to the commission of an offence under this Act or the regulations made under this Act or in any case where an arrestable offence is disclosed under any written law in the course of an investigation under this Act. [21/2014] (4) An authorised officer who is not a police officer may be authorised by the Public Prosecutor in writing to exercise all or any of the powers in relation to investigations conferred on a police officer by the Criminal Procedure Code 2010 in any case where a non‑arrestable offence is disclosed under any written law in the course of investigations under this Act. [21/2014] (5) In this section, “arrestable offence” and “non‑arrestable offence” have the meanings given by section 2(1) of the Criminal Procedure Code 2010. [55 [21/2014]


document_id: cdtosccba-1992
provision_ref: s77
chapter: PART 7 - MISCELLANEOUS
section: 77
title: Preservation of secrecy
content:
77. —(1) Except as provided in subsection (2), or for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or under the provisions of any written law, an authorised officer, Suspicious Transaction Reporting Officer or immigration officer within the meaning of section 59 must not disclose any information or matter which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions under this Act. [44/2007; 9/2013] (2) A Suspicious Transaction Reporting Officer who is an officer or employee of the Monetary Authority of Singapore may disclose to the Monetary Authority of Singapore any information or matter which he or she has obtained in the performance of his or her duties or the exercise of his or her functions under this Act. [9/2013] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [56


document_id: cdtosccba-1992
provision_ref: s78
chapter: PART 7 - MISCELLANEOUS
section: 78
title: Obstructing authorised officers, Suspicious Transaction Reporting Officers and immigration officers
content:
78. Any person who obstructs or hinders any authorised officer, Suspicious Transaction Reporting Officer or immigration officer within the meaning of section 59 acting in the discharge of his or her duty under this Act or any regulations made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [57 [44/2007]


document_id: cdtosccba-1992
provision_ref: s79
chapter: PART 7 - MISCELLANEOUS
section: 79
title: Consent of Public Prosecutor
content:
79. No court is to try any offence under this Act or any regulations made under this Act except with the consent of the Public Prosecutor. [58 [15/2010]


document_id: cdtosccba-1992
provision_ref: s80
chapter: PART 7 - MISCELLANEOUS
section: 80
title: Offences by bodies corporate, etc.
content:
80. —(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; or ( b ) to be attributable to any neglect on the officer’s 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. [44/2007] (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 the member were a director of the body corporate. [44/2007] (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 a partner’s 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. [44/2007] (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. [44/2007] (5) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “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 a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. [44/2007] (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 any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [59 [44/2007]


document_id: cdtosccba-1992
provision_ref: s81
chapter: PART 7 - MISCELLANEOUS
section: 81
title: Composition of offences
content:
81. —(1) The Minister, or any person authorised by the Minister in writing, may compound any offence under this Act, or under any regulations made under this Act, that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding — ( a ) in the case of any offence under section 60(2) or 62(2), $20,000; or ( b ) in the case of any other offence, $5,000. [51/2018] (2) The Minister may make regulations to prescribe the offences under this Act or any regulations made under this Act which may be compounded. [60


document_id: cdtosccba-1992
provision_ref: s82
chapter: PART 7 - MISCELLANEOUS
section: 82
title: Jurisdiction of Magistrate’s Court and District Court
content:
82. —(1) A Magistrate’s Court or a District Court has jurisdiction to hear and determine any offence under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of an offence under this Act. (2) Nothing in subsection (1) is to be construed to confer any jurisdiction or power on a Magistrate’s Court or a District Court where it is expressly provided in this Act that the General Division of the High Court has such jurisdiction or power. [61 [40/2019]


document_id: cdtosccba-1992
provision_ref: s83
chapter: PART 7 - MISCELLANEOUS
section: 83
title: Rules of Court
content:
83. Rules of Court may provide for the manner in which proceedings under this Act may be commenced or carried on. [62


document_id: cdtosccba-1992
provision_ref: s84
chapter: PART 7 - MISCELLANEOUS
section: 84
title: Amendment of Schedules
content:
84. The Minister may, by order in the Gazette , amend the First, Second, Third and Fourth Schedules. [63 [Act 24 of 2024 wef 14/11/2024] [Act 21 of 2025 wef 30/12/2025]


document_id: cdtosccba-1992
provision_ref: s85
chapter: PART 7 - MISCELLANEOUS
section: 85
title: Regulations
content:
85. —(1) The Minister may make regulations for prescribing anything which is required to be prescribed under this Act and generally for carrying out the purposes and provisions of this Act. [21/2014] (2) Without limiting subsection (1), the regulations — ( a ) may provide that a contravention of any specified provision of the regulations shall be an offence; and ( b ) may provide for penalties not exceeding a fine of $20,000 or imprisonment for a term not exceeding 2 years or both for each offence. [64 [21/2014]


document_id: cea-2000
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Compulsory Education Board established under section 5; “child of compulsory school age” means a child above the age of 6 years who has not yet attained the age of 15 years and who satisfies such conditions for receiving primary education as the Director‑General may determine; “Director‑General” means the Director‑General of Education, and includes such officers of the Ministry of Education as may from time to time be authorised to exercise the functions of the Director‑General of Education under section 5(1) of the Education Act 1957; [Act 5 of 2025 wef 09/03/2025] “national primary school” means any institution for the provision of full-time primary education, being — ( a ) a school organised and conducted directly by the Government; ( b ) a school in receipt of grant-in-aid under the Education Act 1957; ( c ) a school specified in any order made under section 3(1) of the School Boards (Incorporation) Act 1990; or ( d ) such other school as may be prescribed; “parent”, in relation to a child to whom section 3(1) applies, includes a guardian and any person having the actual custody of the child; “primary education” means a 6-year course of education normally commencing when a child has attained the age of 6 years.


document_id: cea-2000
provision_ref: s3
section: 3
title: Compulsory primary education
content:
3. —(1) A child of compulsory school age who is — ( a ) born after 1 January 1996; ( b ) a citizen of Singapore; and ( c ) residing in Singapore, must attend regularly as a pupil at a national primary school. (2) If a child of compulsory school age fails to attend regularly as a pupil at a national primary school as required under subsection (1), each parent of the child shall be guilty of an offence. (3) This section does not apply — ( a ) to a child of compulsory school age for whom a parent presents within a reasonable time a prescribed reason to the Director‑General’s satisfaction for the child’s absence at a national primary school; or ( b ) to a child of compulsory school age who is exempted under section 4.


document_id: cea-2000
provision_ref: s4
section: 4
title: Exemption
content:
4. —(1) The Minister may, by order in the Gazette and subject to such terms or conditions as the Minister may impose, exempt any child of compulsory school age or class of children of compulsory school age from section 3. (2) An exemption granted under this section may be revoked at any time.


document_id: cea-2000
provision_ref: s5
section: 5
title: Establishment and constitution of Compulsory Education Board
content:
5. —(1) A body called the Compulsory Education Board is established by this section. (2) The Board consists of such number of members as the Minister may appoint. (3) The Minister must appoint one of the members of the Board as chairperson. (4) Subject to subsections (5) and (6), a member of the Board holds and vacates the member’s office in accordance with the terms of his or her appointment and is, on ceasing to be a member, eligible for re‑appointment. (5) A member of the Board may resign his or her office at any time by giving written notice to the Minister. (6) If the Minister is satisfied that a member of the Board — ( a ) is guilty of neglect of duty or misconduct; ( b ) has become a bankrupt or made an arrangement with the member’s creditors; ( c ) is incapacitated by physical or mental illness; or ( d ) is otherwise unable or unfit to discharge the functions of a member, the Minister may remove the member from such office. (7) The validity of any proceedings of the Board is not affected by any vacancy among its members or by any defect in the appointment of any member. (8) The quorum for a meeting of the Board is constituted by one‑half of the number of members of the Board. (9) The chairperson is to preside at every meeting of the Board but, in the chairperson’s absence, the members present at a meeting must elect a member to preside at the meeting. (10) The Board may delegate to any person all or any of its duties or powers under this Act. (11) All questions arising at any meeting of the Board are to be decided by a majority of votes of the members present and, in the case of an equality of votes, the person presiding has a casting vote. (12) Subject to the provisions of this Act, the Board may regulate its own procedure in such manner as it thinks fit.


document_id: cea-2000
provision_ref: s6
section: 6
title: Duties and powers of Board
content:
6. —(1) The duties of the Board are as follows: ( a ) to investigate whether the provisions of this Act have been or are being contravened; ( b ) to make recommendations to the Director-General on the enforcement of the provisions of this Act; ( c ) generally to do all such acts and things as are necessary to be carried out under the provisions of this Act. (2) For the purpose of performing its duties under this Act, the Board may — ( a ) hear and examine witnesses on oath; ( b ) summon any person to attend any hearing of the Board to give evidence or produce any document or other article in the person’s possession; ( c ) generally require any person to provide any information or produce any document or other article in the person’s possession; ( d ) require any person to attend any counselling or mediation session as the Board may specify; and ( e ) do anything incidental to any of its powers. (3) The Minister may give such directions, not inconsistent with the provisions of this Act, as to the performance of the duties and the exercise of the powers of the Board and the Board must give effect to any such directions.


document_id: cea-2000
provision_ref: s7
section: 7
title: Penalties
content:
7. —(1) Any person who is guilty of an offence under section 3(2) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Any person who — ( a ) refuses to attend any hearing of the Board; ( b ) refuses to provide any information or produce any document to the Board; ( c ) provides any information or produces any document which is false in a material particular and which the person knows to be false or does not believe to be true; or ( d ) obstructs or impedes the Director-General, the Board or any person acting under the direction of the Board, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cea-2000
provision_ref: s8
section: 8
title: No person to be charged for offence except on complaint of Director-General
content:
8. No person may be charged with any offence under this Act except on the complaint of the Director-General.


document_id: cea-2000
provision_ref: s9
section: 9
title: Composition of offences
content:
9. The Director-General may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $2,000.


document_id: cea-2000
provision_ref: s10
section: 10
title: Protection from personal liability
content:
10. No suit or other legal proceedings shall lie personally against — ( a ) any member of the Board; or ( b ) any other person acting under the direction of the Board, for anything which is in good faith done or intended to be done in the execution or purported execution of this Act.


document_id: cea-2000
provision_ref: s11
section: 11
title: Operation of this Act not to affect Education Act 1957
content:
11. Except as otherwise expressly provided in this Act, nothing in this Act affects the operation of the Education Act 1957.


document_id: cea-2000
provision_ref: s12
section: 12
title: Regulations
content:
12. The Minister may make such regulations as are necessary or convenient for carrying out any of the provisions of this Act.


document_id: cesa-1973
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “animal” includes birds, reptiles, fish and every kind of vertebrate animal and the young thereof, and the eggs of birds, reptiles and fish; “article” includes every kind or description of thing or commodity; “controlled article” means any article or food, or any kind or type of article or food, which has been declared to be a controlled article by an order under section 5, and includes a rationed article; “Controller” means the officer appointed to be Controller of Supplies under section 3 and includes a Deputy Controller of Supplies, an Assistant Controller of Supplies and any person to whom the Controller has delegated any of his or her powers, duties or functions in accordance with section 13, to the extent of that delegation; “food” includes any animal, whether alive or dead, and any substance or commodity which is used as food by man, or which is used for feeding any animal which serves some purpose for the use of man, whether as food or otherwise, or which ordinarily enters into the composition or preparation of human food or of the food of any such animal; “licensed premises” means any premises in respect of which a licence issued under section 7 is in force; “offence under this Act” includes any contravention of or failure to comply with any order or regulation made under this Act and any contravention of or failure to comply with the terms and conditions of any licence or permit issued or authority granted under this Act or the regulations made thereunder and any failure to comply with any request or direction lawfully made or given thereunder; “officer of customs” has the meaning given by the Customs Act 1960; “rationed article” means any article or food, or any kind or type of article or food, which has been declared to be a rationed article by an order made under section 5; “retail dealing” includes every sale of any article or food other than wholesale dealings; “sell” includes barter or exchange; “senior officer of customs” has the meaning given by the Customs Act 1960; “supplies” includes every kind and type of article or food; “supplies officer” means any officer appointed under section 3; “wholesale dealing” means any sale of any article or food in whatever quantity for resale in the same form or state or as part of a manufactured product.


document_id: cesa-1973
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of officers
content:
3. The Minister may appoint by name or office a Controller of Supplies, Deputy Controllers of Supplies, Assistant Controllers of Supplies and any other officers that the Minister considers necessary or expedient for the purposes of this Act.


document_id: cesa-1973
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Responsibilities of officers
content:
4. —(1) The Controller must, subject to the Minister’s general direction and control, perform the duties and exercise the rights and powers imposed and conferred upon him or her by this Act. (2) The Deputy Controllers of Supplies, Assistant Controllers of Supplies and all other officers appointed under section 3 are under the direction and control of the Controller. (3) All officers appointed under section 3 are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: cesa-1973
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Declaration of controlled and rationed articles
content:
5. The President may, by order in the Gazette , declare any article or food to be a controlled article or to be a rationed article or both.


document_id: cesa-1973
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Regulations
content:
6. —(1) The Minister may make regulations generally for carrying into effect the provisions of this Act. (2) Without limiting the powers conferred by subsection (1), any regulations made under this section may provide for — ( a ) prohibiting, either absolutely or subject to prescribed conditions, the purchase or sale of any controlled article without the Controller’s written permission; ( b ) prohibiting, regulating or controlling the import or export of any controlled article; ( c ) prohibiting, regulating or controlling the movement of any controlled article; ( d ) limiting wholesale or retail dealing in any controlled article to persons that hold licences or permits therefor as the regulations may prescribe; ( e ) restricting the sale of any controlled article either by any individual or generally by all persons dealing in the article in any manner as the Minister may consider fit; ( f ) prohibiting, restricting or otherwise regulating or controlling the manufacture or production of any controlled article either generally or as regards form, shape, quantity, quality, constituents or otherwise; ( g ) regulating and controlling the rationing of any rationed article and, without prejudice to such general power, providing for the registration of all or any persons, or any class or classes of persons, for the purposes of the rationing and for the issue of registration cards, ration cards and other ration documents; ( h ) appointing enumerators to enumerate the public for the purposes of registration and rationing; ( i ) regulating the distribution or use of any controlled article; ( j ) requiring controlled articles to be kept only at places that the Controller may direct and prescribing the manner in which controlled articles are to be stored; ( k ) limiting the quantity of any controlled article which may be acquired or held by any person; ( l ) providing for the keeping of books of accounts and other records relating to any trade or business in the course of which controlled articles are sold, and prescribing the manner in which the books or records must be disposed of or preserved; ( m ) prescribing the period and fees to be paid in respect of the issue or renewal of any licence to sell controlled articles; ( n ) providing for exemption from all or any of the provisions of this Act or any regulations made under this Act; and ( o ) prescribing any forms that the Minister may think necessary for use in connection with any of the matters mentioned in paragraphs ( a ) to ( n ). (3) All regulations made under this section must be published in the Gazette and must be presented to Parliament as soon as possible after publication and if — ( a ) notice of a motion is given for a sitting day of Parliament not later than the first available sitting day after one month from the date the regulations are so presented; and ( b ) a resolution is passed pursuant to the motion to annul the regulations or any part of the regulations from a specified date, the regulations or that part of the regulations (as the case may be) become void from that date, but without affecting the validity of anything previously done thereunder, or the making of new regulations.


document_id: cesa-1973
provision_ref: s7
chapter: PART 2 - POWERS OF CONTROLLER
section: 7
title: Licences and permits to sell controlled articles
content:
7. —(1) The Controller may, subject to this Act and to conditions as he or she may think fit, by written licence or permit authorise any person to sell by wholesale or retail any controlled article in any premises or at a place or places specified in the licence. (2) The Controller may issue or renew licences or permits to deal in controlled articles. (3) Every licence or permit issued under this section is valid for the period that may be expressed therein and may, subject to any order made by any court under section 22(3), be renewed for a further period that the Controller thinks fit. (4) Whenever, under this Act, any person is required to obtain a written licence or permit, the person must, on demand, produce the licence or permit to the Controller or to any officer of customs or to any person acting under the Controller’s authority and authorised to examine any person or supplies, or to any person designated by the Controller to demand its production, and any person who fails to do so shall be guilty of an offence under this Act. (5) The Controller may at any time, without assigning any reason for doing so, vary the conditions of or suspend or revoke or refuse to renew any licence or permit which he or she has granted under this Act. (6) Any person aggrieved by the Controller’s refusal to issue or renew a licence under this section or by any action of the Controller under subsection (5) may appeal against the refusal or action to the Minister whose decision is final.


document_id: cesa-1973
provision_ref: s8
chapter: PART 2 - POWERS OF CONTROLLER
section: 8
title: Power of Controller to obtain information
content:
8. —(1) The Controller or any person authorised in that behalf by him or her in writing may by writing under his or her hand or by notification in the Gazette require any person or class or description of persons or all persons (“ A ”) — ( a ) to furnish the Controller or any authorised person that may be specified in the requisition with full and accurate periodical or other returns or information in respect of any supplies specified in the requisition, showing all or any of the following particulars: (i) the quantity of the supplies in the possession or under the control of A ; (ii) the cost of the supplies or expense incurred in respect of the supplies; (iii) the price charged or received by A for the supplies; (iv) any other information which the Controller may consider necessary to request in respect of the supplies; ( b ) to produce for inspection all or any books or documents relating to any supplies in the possession or under the control of A ; ( c ) to register the name and address of A , and any other particulars and in the manner that the Controller may specify; ( d ) to maintain records or to make returns containing any particulars relating to the acquisition, disposal, deposit, withdrawal, production, treatment, keeping, storage, movement, transport, distribution, use and consumption of any supplies that the Controller may specify. (2) Any person to whom a requisition has been made under subsection (1) must comply with the requisition within the time that may be specified in the requisition or, if no time is specified, without unnecessary delay. (3) The Controller or any person authorised by him or her under subsection (1) may impound and detain any book or document produced in compliance with any requisition made under subsection (1) if in his or her opinion it contains evidence of the commission of an offence under this Act. (4) Any person who — ( a ) contravenes subsection (2) or obstructs or impedes the Controller or any person authorised by the Controller in the lawful exercise of any of the Controller’s powers under this section; or ( b ) refuses to answer or knowingly gives a false answer to any question or refuses to produce any book or document required for obtaining any information to be furnished pursuant to this section, shall be guilty of an offence under this Act.


document_id: cesa-1973
provision_ref: s9
chapter: PART 2 - POWERS OF CONTROLLER
section: 9
title: Power of Controller to enter premises
content:
9. —(1) For the purposes of testing the accuracy of any record kept or return made or information given to the Controller under section 8 or of obtaining information or in any case where the Controller or any person authorised by him or her has reasonable grounds for believing that an offence under this Act has been committed, the Controller, or any person authorised in that behalf by the Controller in writing, after producing to the occupier the written authority — ( a ) may enter any premises belonging to, or in the occupation of, any person keeping or making or who has failed to keep or to make, any record or return or has failed to give any information or in which the Controller or the authorised person has reason to believe that any supplies, with respect to which a requisition under section 8 has been made, are kept, stored, manufactured or produced or in which he or she has reasonable grounds for believing that an offence under this Act is being or has been committed; and ( b ) may carry out any inspections and examination (including the inspection and examination of books) that he or she may consider necessary and may seize and detain any books, documents or other things or supplies found in those premises which may furnish evidence of the commission of an offence under this Act. (2) Where, as a result of any inspection and examination made under subsection (1), there is any discrepancy between the quantity or quality of any supplies found and any record or return required to be kept or made or any information given in respect of those supplies, the person required to keep the record or to make the return or to give the information shall be guilty of an offence under this Act. (3) Any person who obstructs or impedes the Controller or any person authorised by him or her in the lawful exercise of any of his or her powers under this section shall be guilty of an offence under this Act.


document_id: cesa-1973
provision_ref: s10
chapter: PART 2 - POWERS OF CONTROLLER
section: 10
title: Power of arrest, seizure, investigation and prosecution
content:
10. —(1) The Controller, or any supplies officer or officer of customs authorised in that behalf by the Controller in writing, may — ( a ) arrest without warrant any person whom the Controller has reason to believe to have committed an offence under this Act, if the person refuses to furnish his or her name and address or furnishes an address outside Singapore or there are reasonable grounds for believing that he or she has furnished a false name or address or that he or she is likely to abscond; and when any person has been so arrested, he or she is to be dealt with as provided by the Criminal Procedure Code 2010; and ( b ) seize any supplies which the Controller considers it necessary to seize in relation to the evidence necessary to establish the commission of any such offence. (2) The Controller or any supplies officer authorised in that behalf by the Controller in writing, and any police officer not below the rank of sergeant, may in relation to any investigation in respect of any offence under this Act, without the order of the Public Prosecutor, exercise the special powers in relation to police investigations given by the Criminal Procedure Code 2010 in any arrestable case. (3) Any prosecution in respect of an offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by the Controller or other supplies officer.


document_id: cesa-1973
provision_ref: s11
chapter: PART 2 - POWERS OF CONTROLLER
section: 11
title: Powers of Controller to take possession of controlled articles and to give orders and directions
content:
11. —(1) If the Controller has reason to believe that any person is committing an offence under this Act, the Controller may — ( a ) take possession in such manner as he or she considers fit of any controlled article in respect of which he or she has reason to believe such an offence has been committed or of any vehicle, vessel or other article by means of which any such offence has been committed or which he or she has reason to believe is intended to be used for the commission of that offence; or ( b ) give any orders and directions and take any measures in relation to supplies of that controlled article that may appear to him or her necessary or expedient in order that any such controlled article may be placed on the market. (2) Where, under this section, possession has been taken of any controlled article, vehicle, vessel or other article by or on behalf of the Controller, then the Controller — ( a ) if in his or her opinion the owner of the controlled article has been guilty of an offence under this Act and criminal proceedings have been instituted against the owner in respect of the offence, may retain the controlled article until the conclusion of those criminal proceedings and, unless the court orders confiscation of the controlled article, must dispose of the controlled article in the manner that the court may order and, in default of any order of the court, must dispose of the controlled article under paragraph ( b ); or ( b ) in any case, may restore possession to the owner, or, where a maximum price has been fixed by any written law in respect of the controlled article, may pay to the owner of the controlled article the price so fixed less an amount not exceeding 25% of the price being the expenses certified by the Controller to have been incurred by the Controller in taking possession, storing and restoring possession of that controlled article. (3) Any person who contravenes or fails to comply with any order or direction given by the Controller under subsection (1)( b ) or who obstructs or impedes the Controller or any person authorised by the Controller to take possession of any controlled article under subsection (1)( a ) shall be guilty of an offence under this Act.


document_id: cesa-1973
provision_ref: s12
chapter: PART 2 - POWERS OF CONTROLLER
section: 12
title: Power of Controller to sell animals or perishable, deleterious or hazardous articles
content:
12. —(1) If the Controller takes possession of any controlled article in circumstances in which — ( a ) the Controller has reason to believe that an offence under this Act has been committed; and ( b ) criminal proceedings have been instituted against any person in respect of the offence, then if — ( c ) the controlled article is a live animal; or ( d ) the Controller is satisfied that the controlled article, by reason of its perishable nature or otherwise, is liable to deteriorate, or is injurious to health or is hazardous, the Controller may order that the controlled article be sold in the manner that may be specified by the Controller. (2) The proceeds of the sale mentioned in subsection (1) must be kept until the conclusion of the criminal proceedings and, except where the court orders confiscation of the proceeds under section 26, must be disposed of in the manner that the court may order.


document_id: cesa-1973
provision_ref: s13
chapter: PART 2 - POWERS OF CONTROLLER
section: 13
title: Delegation of powers
content:
13. —(1) The Controller may in writing delegate all or any of his or her powers, duties or functions under this Act to any supplies officer, and may at any time revoke any such delegation. (2) No delegation under subsection (1) is deemed to divest the Controller of any of his or her powers, duties or functions and he or she may exercise those powers, duties and functions despite any such delegation.


document_id: cesa-1973
provision_ref: s14
chapter: PART 3 - OFFENCES AND PENALTIES
section: 14
title: Prohibition against selling greater quantity of controlled articles than required for ordinary use
content:
14. Any person who sells any controlled article to any other person in excess of the quantity which may be lawfully acquired by such other person in accordance with any regulations made under section 6 shall be guilty of an offence under this Act.


document_id: cesa-1973
provision_ref: s15
chapter: PART 3 - OFFENCES AND PENALTIES
section: 15
title: Prohibition of concealment or destruction of controlled articles
content:
15. Any person who conceals or destroys any controlled article in order to withhold the article from the market or refuses, without reasonable cause, to supply any controlled article shall be guilty of an offence under this Act.


document_id: cesa-1973
provision_ref: s16
chapter: PART 3 - OFFENCES AND PENALTIES
section: 16
title: Offence to sell controlled articles without licence or permit
content:
16. —(1) Any person, not being the holder of a valid licence or permit issued in accordance with section 7, who sells by wholesale or retail any controlled article — ( a ) on the person’s own behalf; ( b ) on behalf of any body corporate of which the person is a director or an officer; or ( c ) on behalf of any firm of which the person is a partner, shall be guilty of an offence under this Act. (2) Any person, being the holder of a valid licence or permit issued in accordance with section 7, who sells by wholesale or retail any controlled article — ( a ) in any premises or at a place other than the premises or place specified in the licence or permit; or ( b ) contrary to any conditions expressed in the licence or permit, shall be guilty of an offence under this Act.


document_id: cesa-1973
provision_ref: s17
chapter: PART 3 - OFFENCES AND PENALTIES
section: 17
title: Retailers to display licence and list of controlled articles and rationed articles
content:
17. —(1) Any person carrying on retail business in any premises or at any place in respect of which a licence has been issued in accordance with section 7 must display in a conspicuous position — ( a ) the original of the licence; and ( b ) a list in the English language and in any other language as the Controller may direct of the controlled articles or rationed articles sold in that premises or at that place, so that they may be easily read by any person purchasing controlled articles or rationed articles in that premises or at that place. (2) Any person who fails or refuses to comply with subsection (1) shall be guilty of an offence under this Act.


document_id: cesa-1973
provision_ref: s18
chapter: PART 3 - OFFENCES AND PENALTIES
section: 18
title: Supply of rationed articles
content:
18. —(1) Except under the authority of the Controller or under and in accordance with this Act or of any direction, licence, permit or coupon issued thereunder, a person must not obtain or attempt to obtain, and a retailer must not supply or offer or attempt to supply, any rationed article. (2) Any person who contravenes subsection (1) shall be guilty of an offence under this Act.


document_id: cesa-1973
provision_ref: s19
chapter: PART 3 - OFFENCES AND PENALTIES
section: 19
title: Illegal conditions
content:
19. Any person who, in selling any controlled article, imposes, except with the Controller’s permission, any condition of sale other than a condition of sale — ( a ) requiring immediate payment for the controlled article; ( b ) prescribing the time within which payment must be made or delivery taken; or ( c ) requiring a deposit in respect of sale of the controlled article, shall be guilty of an offence under this Act.


document_id: cesa-1973
provision_ref: s20
chapter: PART 3 - OFFENCES AND PENALTIES
section: 20
title:
Removal of controlled articles from business premises and storage of controlled articles in premises other than licensed business premises, and dealing in controlled articles otherwise than in normal course of business

content:
20. —(1) Any person who removes any controlled article or causes or permits any controlled article to be removed from any licensed premises or stores any controlled article or causes or permits any controlled article to be stored in any premises, other than licensed premises or premises approved by the Controller for such storage, shall be guilty of an offence under this Act. (2) The Controller, any senior officer of customs or any police officer not below the rank of sergeant, if he or she suspects that any controlled article is being stored or dealt with in any premises in contravention of this section, may, despite any written law to the contrary for the time being in force, without a search warrant enter upon the premises for the purpose of ascertaining whether or not any such controlled article is in those premises. (3) In any prosecution for an offence under this section, it is sufficient for the prosecution to prove that any controlled article, to the ownership or possession of which the defendant was entitled, was found in premises other than licensed premises or premises approved by the Controller, and the burden of proving that the defendant is not guilty of an offence under this section then lies upon the defendant. (4) Any controlled article found in the course of a search under subsection (2) upon premises other than licensed premises or premises approved by the Controller, in regard to which an offence under this section is reasonably suspected to have been committed, may be removed by the Controller or other person authorised by that subsection to carry out the search and, if not claimed within 2 weeks of the removal, may be sold by order of the Controller, and the proceeds of the sale must be paid into the Consolidated Fund.


document_id: cesa-1973
provision_ref: s21
chapter: PART 3 - OFFENCES AND PENALTIES
section: 21
title: Unlawful possession of controlled articles
content:
21. Any person in possession or control of any controlled article in such circumstances as to raise a reasonable suspicion that an offence under this Act has been or is intended to be committed by him or her in relation to the controlled article shall be guilty of an offence under this Act unless he or she satisfies the court that the offence has not been and was not intended to be committed by him or her.


document_id: cesa-1973
provision_ref: s22
chapter: PART 3 - OFFENCES AND PENALTIES
section: 22
title: Penalties
content:
22. —(1) Any person, other than a body corporate, but including a director or an officer of a body corporate, who commits an offence under this Act 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 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (2) Any body corporate which commits an offence under this Act shall be liable on conviction to a fine not exceeding $20,000. (3) Where any person is convicted of an offence under this Act, the court by which the person is so convicted may, whether or not it imposes any other penalty — ( a ) make an order — (i) cancelling any licence issued under section 7 to the person, or to any firm of which the person is a partner, or to any corporation of which the person is a director or an officer; and (ii) debarring the person or the firm or corporation from obtaining a new licence either absolutely or for a period that the court may determine; or ( b ) suspend the licence for a period that the court may determine. (4) Where a person charged with an offence under this Act is a body corporate — ( a ) every person who, at the time of the commission of the offence, is a director or an officer of that body corporate may be charged jointly in the same proceedings with the body corporate; and ( b ) where the body corporate is convicted of the offence charged — every such director or officer shall be deemed to be guilty of the offence unless he or she proves that the offence was committed without his or her knowledge or that he or she took reasonable precautions to prevent its commission. (5) Any person who would have been liable for an offence under this Act to any penalty for anything done or omitted to be done if the thing had been done or omitted to be done by him or her personally shall be liable to the same penalty if the thing has been done or omitted to be done by his or her partner, agent or employee, unless he or she proves that he or she took reasonable precautions to prevent the doing or omission of that thing.


document_id: cesa-1973
provision_ref: s23
chapter: PART 3 - OFFENCES AND PENALTIES
section: 23
title: No proceedings against authorised person procuring evidence
content:
23. No proceedings shall be instituted under this Act against any person duly authorised in that behalf by the Controller who has knowingly done or omitted to do any act which would, but for this section, have been an offence, provided that he or she has done or omitted to do the act with the intention of procuring evidence for the purpose of prosecuting the seller for an offence under this Act.


document_id: cesa-1973
provision_ref: s24
chapter: PART 4 - MISCELLANEOUS
section: 24
title: Minister may appoint boards and committees
content:
24. —(1) The Minister may appoint any boards or committees as he or she may think fit for the purpose of assisting him or her in carrying into effect this Act and may delegate to them any of his or her powers (other than those conferred by section 6) and may require them to perform any of his or her duties as he or she may think necessary. (2) No delegation under subsection (1) is to be deemed to divest the Minister of any of his or her powers or duties and he or she may exercise those powers and perform those duties despite any such delegation.


document_id: cesa-1973
provision_ref: s25
chapter: PART 4 - MISCELLANEOUS
section: 25
title: Burden of proof
content:
25. In any prosecution in respect of an offence under this Act upon a charge of doing any act which is unlawful, unless the person doing the act is entitled to do so by reason of the person being the holder of a licence, permit or written permission, consent, authorisation or exemption entitling the person to do that act, it is sufficient for the prosecution to allege and prove the person’s doing of that act and the onus is then upon the accused to show that the accused was entitled to do the act.


document_id: cesa-1973
provision_ref: s26
chapter: PART 4 - MISCELLANEOUS
section: 26
title: Power of court to confiscate
content:
26. —(1) Where any person is convicted of an offence under this Act, the court may order the confiscation in whole or in part of — ( a ) any controlled article in respect of which the offence has been committed and which has been seized by, or has otherwise come into the possession of the Controller or any person acting under the Controller’s authority or any vehicle, vessel or other article, the property of the accused, by means of which the offence has been committed or which is intended to be used for the commission of an offence under this Act; or ( b ) the proceeds of the sale of any such controlled article if it has been sold under section 12. (2) Where confiscation is ordered under subsection (1), the court is to deliver the controlled article or the proceeds of the sale of the controlled article (if not already in the Controller’s possession) to the Controller or to any person designated by him or her, and is to give directions as to their disposal.


document_id: cesa-1973
provision_ref: s27
chapter: PART 4 - MISCELLANEOUS
section: 27
title: Jurisdiction of courts
content:
27. Despite anything in any other written law to the contrary, a District Court and a Magistrate’s Court has jurisdiction to pass any sentence provided in this Act for any offence under this Act.


document_id: cesa-1973
provision_ref: s28
chapter: PART 4 - MISCELLANEOUS
section: 28
title: Joinder of offences
content:
28. Despite any written law to the contrary for the time being in force, when a person is accused of more than one offence under this Act, the person may be charged with and tried at one time for any number of those offences.


document_id: cesa-1973
provision_ref: s29
chapter: PART 4 - MISCELLANEOUS
section: 29
title: Composition of offences
content:
29. —(1) The Controller may compound any offence under this Act prescribed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding $2,000. (2) The Minister may make regulations to prescribe the offences under this Act which may be compounded and the method and procedure by which such offences may be compounded under this section.


document_id: cesa-1973
provision_ref: s30
chapter: PART 4 - MISCELLANEOUS
section: 30
title: Protection of informers
content:
30. —(1) Subject to this section, no evidence as to any written or oral information in respect of any offence alleged to have been committed under this Act may be admitted in evidence in any civil or criminal proceedings, and no witness may be obliged or permitted to disclose the name or address of any informer or to state any matter which might lead to the discovery of the informer’s identity. (2) If any books, documents or papers which are 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 might lead to the discovery of his or her identity, the court is to cause all such passages to be concealed from view or to be obliterated so far as may be necessary to prevent the discovery of the informer’s identity, but no further. (3) If in any civil or criminal proceedings the court, after full enquiry into the case, is of the opinion that the informer has wilfully made in any information furnished by him or her a material statement which he or she knew or believed to be false or did not believe to be true, or the court is of the opinion that justice cannot be fully done without the discovery of the informer’s identity, it is lawful for the court to require the production of the original information, if in writing, and to permit enquiry and require full disclosure concerning the informer. (4) For the purposes of this section, “informer” includes every person who is not called as a witness for the prosecution in a criminal case and who has made any complaint or report or furnished any information, oral or documentary, in respect of any offence under this Act alleged to have been committed by any person.


document_id: cesowa-1958
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “corrosive substance” means any of the acids and substances specified in the First Schedule, and shall be deemed to include all substances which are capable on application to the human body of causing hurt through corrosive action; “explosive device” has the meaning given by section 2(1) of the Guns, Explosives and Weapons Control Act 2021; [Act 3 of 2021 wef 01/07/2025] “explosive substance” shall be deemed to include any materials for making any explosive substance and any explosive device or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance and any explosive device or part of an explosive device; [Act 3 of 2021 wef 01/07/2025] “hurt” means hurt as defined in the Penal Code 1871; “offensive weapon” includes any instrument which if used as a weapon of offence is likely to cause hurt; “scheduled weapon” means a weapon specified in the First Schedule to the Guns, Explosives and Weapons Control Act 2021. [Act 3 of 2021 wef 01/07/2025]


document_id: cesowa-1958
provision_ref: s3
section: 3
title: Possession of corrosive or explosive substance for purpose of causing hurt
content:
3. Any person who carries or has in his possession or under his control any corrosive or explosive substance in circumstances which raise a reasonable presumption that he intends to use or intends to enable some other person to use the substance for the purpose of causing hurt shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years and shall also be punished with caning with not less than 6 strokes.


document_id: cesowa-1958
provision_ref: s4
section: 4
title: Using corrosive or explosive substance or offensive weapon
content:
4. Any person who unlawfully and maliciously uses or attempts to use any corrosive substance or offensive weapon for the purpose of causing hurt or causes or attempts to cause by any explosive substance an explosion of a nature likely to cause hurt shall, whether any hurt has actually been caused or not, be guilty of an offence and shall be liable on conviction to imprisonment for life and shall also be punished with caning with not less than 6 strokes.


document_id: cesowa-1958
provision_ref: s5
section: 5
title: Consorting with person carrying corrosive or explosive substance
content:
5. Any person who consorts with, or is found in the company of, another person who is carrying or has in his possession or under his control any corrosive or explosive substance in contravention of section 3 in circumstances which raise a reasonable presumption that he knew that that other person was carrying or had in his possession or under his control any such substance shall, unless he shall prove that he had reasonable grounds for believing that that other person was carrying or had in his possession or under his control any such substance for a lawful purpose, be guilty of an offence and shall be liable on conviction to the like punishment as that other person with whom he was consorting or in whose company he was found.


document_id: cesowa-1958
provision_ref: s6
section: 6
title: Carrying offensive weapons in public places
content:
6. —(1) Any person who in any public road or place carries or has in his possession or under his control any offensive weapon otherwise than with lawful authority or for a lawful purpose shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be punished with caning with not less than 6 strokes. (1A) However, where the offensive weapon involved in the commission of an offence under subsection (1) is a prohibited weapon within the meaning of the Guns, Explosives and Weapons Control Act 2021, the person committing the offence shall be liable on conviction instead to imprisonment for a term not exceeding 5 years and shall also be punished with caning with not less than 6 strokes. [Act 3 of 2021 wef 01/07/2025] (1B) For the purposes of subsection (1) only, “lawful purpose” includes — ( a ) for use at work; ( b ) for religious reasons; ( c ) for use in a theatrical production or film‑making for entertainment; ( d ) for an ornamental display; ( e ) for the slaughter or hunting of wild animals authorised under written law; and ( f ) for use in gardening, or in animal husbandry or primary production. [Act 3 of 2021 wef 01/07/2025] (2) In any prosecution for an offence under subsection (1), the onus of proving the existence of a lawful purpose shall lie upon the accused. (3) A weapon shall be presumed to be carried with lawful authority if it is carried — ( a ) by a member of the Singapore Armed Forces or of the Singapore Police Force or of any visiting force lawfully present in Singapore under the provisions of any law relating to visiting forces; or ( b ) by any person as part of his official or ceremonial dress on any official or ceremonial occasion. (4) An offence under subsection (1) shall be deemed to be an arrestable and non‑bailable offence.


document_id: cesowa-1958
provision_ref: s7
section: 7
title: Offences relating to scheduled weapons
content:
7. —(1) Any person who, otherwise than for a lawful purpose — ( a ) carries or has in his possession or under his control; ( b ) manufactures, sells or hires or offers or exposes for sale or hire; or ( c ) lends or gives to any other person, any scheduled weapon shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be punished with caning with not less than 6 strokes and, in the case of a second or subsequent offence, to imprisonment for a term of not less than 2 years and not more than 8 years and shall also be punished with caning with not less than 6 strokes. (1A) A person does an act mentioned in subsection (1)( a ), ( b ) or ( c ) otherwise than for a lawful purpose if — ( a ) the person does so involving a scheduled weapon intending to — (i) injure, or endanger the safety of, another person; (ii) cause reasonable fear of the infliction of injury to another person; (iii) destroy or damage any property; or (iv) facilitate another person to injure, or endanger the safety of, another person, cause reasonable fear of the infliction of injury to another person, or destroy or damage any property, using the scheduled weapon; and ( b ) the person’s possession of the scheduled weapon is then — (i) not authorised by a licence or a class licence under the Guns, Explosives and Weapons Control Act 2021; (ii) not in accordance with the conditions of a licence or a class licence mentioned in sub‑paragraph (i); and (iii) not exempt from the Guns, Explosives and Weapons Control Act 2021 with respect to possession of that scheduled weapon. [Act 3 of 2021 wef 01/07/2025] (2) In any prosecution for an offence under subsection (1), the onus of proving the existence of a lawful purpose shall be upon the accused. (3) An offence under subsection (1) shall be deemed to be an arrestable and non‑bailable offence. (4) A reference to “second or subsequent offence” in relation to an offence under subsection (1) is a reference to a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty of any of the following on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence: (i) the same offence under subsection (1); (ii) an offence under subsection (1) as in force before the date of commencement of section 94( g ) of the Guns, Explosives and Weapons Control Act 2021 and that involved a scheduled weapon. [Act 3 of 2021 wef 01/07/2025]


document_id: cesowa-1958
provision_ref: s8
section: 8
title: Consorting with persons carrying offensive weapons in public places
content:
8. —(1) Any person who consorts with, or is found in the company of, another person who is carrying or has in his possession or under his control any offensive weapon in contravention of section 6, in circumstances which raise a reasonable presumption that he knew that that other person was carrying or had in his possession or under his control any such weapon shall, unless he shall prove that he had reasonable grounds for believing that that other person was carrying or had in his possession or under his control any such weapon for a lawful purpose, be guilty of an offence and shall be liable on conviction to the like punishment as that other person with whom he was consorting or in whose company he was found. (2) An offence under this section shall be deemed to be an arrestable and non-bailable offence.


document_id: cesowa-1958
provision_ref: s9
section: 9
title: Powers of search and seizure
content:
9. —(1) Any police officer may, without warrant and with or without assistance, stop and search any person or vehicle found in any public road or place if he has reasonable grounds for believing that any evidence of the commission of an offence under this Act is likely to be found on that person or in that vehicle, and may disarm that person and seize any offensive weapon, article or material or accumulation thereof capable of being used for causing hurt if he has reasonable grounds for believing that it is intended or likely to be used in the commission of an offence under this Act. (2) Any police officer may, without warrant and with or without assistance — ( a ) stop and search any person or vehicle, whether in a public road or place or not; ( b ) enter and search any premises; or ( c ) board and search any vessel, vehicle or aircraft not being, or having the status of, a naval, military or air force vessel, vehicle or aircraft, if he has reasonable grounds for believing that any evidence of the commission or of the preparation for the commission of an offence under this Act is likely to be found on such person or premises or in any such vessel, vehicle or aircraft, and may seize any article or material or accumulation thereof capable of being used for causing hurt if he has reasonable grounds for believing that it is intended or likely to be used for the purpose of causing hurt, and any such evidence so found and any vessel, vehicle or aircraft in which that article, material or evidence is found. (3) No woman shall be searched under this section except by a woman.


document_id: cesowa-1958
provision_ref: s10
section: 10
title: Disposal of property
content:
10. —(1) Subject to subsection (2), the provisions of the Criminal Procedure Code 2010 relating to the disposal of property the subject of an offence, shall apply to any article coming into the possession of a police officer under section 9. (2) Any corrosive or explosive substance or offensive weapon coming into the possession of a police officer under section 9 may be disposed of in such manner as the Minister may order. (3) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.


document_id: cesowa-1958
provision_ref: s11
section: 11
title: Presumptions
content:
11. —(1) Where any corrosive or explosive substance is found in or on any premises, the occupier of the premises shall be deemed to be in possession of that substance unless he shall prove that some other person was in possession thereof, or that he had no knowledge or reasonable means of knowledge that that substance was in or on the premises and that he had taken all reasonable precautions against that substance being kept in or on the premises. (2) In any prosecution under section 3 or 5, it shall be presumed until the contrary is proved that any substance was intended to be used for the purpose of causing hurt if — ( a ) the quantity of the substance found exceeded the quantity reasonably required to be kept by the accused for ordinary use and consumption in his household or establishment and, in the case of a person carrying on business, exceeded the quantity reasonably required to be kept in the ordinary course of that business; ( b ) the substance was kept concealed or in a place other than that in which it might reasonably be expected to be kept for domestic purposes or, in the case of a person carrying on business, for business purposes; or ( c ) the substance was kept in a container other than a container of a kind in which the substance is ordinarily kept for domestic purposes or, in the case of a person carrying on business, for business purposes.


document_id: cfa-1971
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “agreement” means the document which contains the terms and conditions agreed to and adopted by the subscribers and the chit fund company; “Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “chit fund” means a scheme or an arrangement based wholly on the terms and conditions set out in section 24 or the regulations made under this Act or any scheme or arrangement that is deemed to be a chit fund under section 19 but does not include any scheme or arrangement which only partakes of the nature of a chit fund within the meaning of section 20; “chit fund amount” means the pool or the aggregate of the contributions payable on any specified day or in respect of any specified interval; “chit fund business” means the business of carrying on chit funds; “chit fund company” means a company which carries on chit fund business and holds a valid licence granted under section 7. All branches and offices in Singapore of the company are deemed to be one chit fund company for the purposes of this Act; “contribution” means the sum of money payable periodically by each subscriber under the agreement; “essential terms and conditions” means the terms and conditions specified in section 24; “interest” means that amount of money which the subscriber agrees to forego in order to purchase the chit fund amount; “prize” or “prize amount” means the difference between the chit fund amount and the interest; “public company” means a company limited by shares incorporated in Singapore other than a private company; “rebate” means the share of the interest payable to each subscriber; “subscriber” includes any person who has agreed to participate in a chit fund or has signed the agreement in token thereof.


document_id: cfa-1971
provision_ref: s3
chapter: PART 2 - MONETARY AUTHORITY OF SINGAPORE
section: 3
title: Administration of this Act
content:
3. —(1) The Monetary Authority of Singapore is charged with the general administration of this Act and the exercise of the functions imposed upon it by this Act. (2) The Authority may authorise or appoint any person to assist the Authority in the exercise of its functions and duties under this Act, either generally or in any particular way. (3) Any person authorised or appointed by the Authority pursuant to subsection (2) is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: cfa-1971
provision_ref: s4
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 4
title: Licensing of chit funds
content:
4. —(1) No chit fund business may be transacted in Singapore except by a public company which is in possession of a valid licence granted under this Act by the Authority with the approval of the Minister authorising it to conduct chit fund business in accordance with the provisions of this Act. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine of $1,000 for every day during which the offence continues after conviction.


document_id: cfa-1971
provision_ref: s5
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 5
title: Use of words “chit” and “chit fund”
content:
5. —(1) No person or body of persons, whether incorporated or not, other than a chit fund company licensed under this Act may, without the Authority’s written consent — ( a ) use the word “chit” or the words “chit fund” or any of its or their derivatives in any language, or any other word indicating that it transacts chit fund business, in the name, description or title under which that person or body of persons is transacting business in Singapore; or ( b ) make or continue to make any representation to that effect in any bill head, letter paper, notice, advertisement or in any other manner whatsoever. (2) For the purposes of subsection (1), the words “HWEI”, “KUTU” and “TONTINE” or any other word in any other language having the same meaning or being to the like intent are deemed to be derivatives of the word “chit”. (3) Nothing in this section prohibits an association of chit fund companies formed for the protection of common interests from using the word “chit” or the words “chit fund” or any of its or their derivatives in any language as a part of its name or description of its activities. (4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.


document_id: cfa-1971
provision_ref: s6
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 6
title: Examination of persons suspected of transacting chit fund business
content:
6. Whenever the Authority has reason to believe that a person is transacting chit fund business without a licence, the Authority has the power to examine the books, accounts and records of the person in order to ascertain whether or not the person has violated or is violating any provisions of this Act, and any refusal to submit those books, accounts and records is prima facie evidence of the fact of operation without a licence.


document_id: cfa-1971
provision_ref: s7
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 7
title: Application for licence
content:
7. —(1) A public company which desires authority to carry on chit fund business in Singapore must apply in writing to the Authority for a licence under this section and must supply — ( a ) a copy of the memorandum of association and articles of association or other instrument under which the company is incorporated, duly verified by a statutory declaration made by a senior officer of the company; ( b ) a copy of the latest balance sheet of the company; and ( c ) any other information that may be called for by the Authority. (2) In considering any application by a public company for a licence, the Authority may require to be satisfied as to — ( a ) the financial character of the company; ( b ) the character of the management of the company; ( c ) the adequacy of the capital structure of the company and earning prospects of the company; ( d ) the objects of the company as disclosed in its memorandum of association; ( e ) the convenience and needs of the community to be served; and ( f ) whether the public interest will be served by the granting of a licence. (3) The Authority may, with the approval of the Minister, grant a licence, with or without conditions, or refuse to grant a licence. (4) The Authority may at any time vary or revoke any existing conditions of a licence or impose conditions or additional conditions thereto. (5) Where a licence is subject to conditions, the chit fund company must comply with those conditions. (6) Any chit fund company which fails to comply with any of the conditions of its licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine of $1,000 for every day during which the offence continues after conviction.


document_id: cfa-1971
provision_ref: s8
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 8
title: Licence fees
content:
8. —(1) Every chit fund company in Singapore must pay the annual licence fee that the Authority may by notification in the Gazette prescribe. (2) The Authority may prescribe different licence fees in respect of different classes or categories of chit fund companies and those fees apply uniformly to those classes or categories. (3) The manner of payment of the licence fee is as specified by the Authority.


document_id: cfa-1971
provision_ref: s9
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 9
title: Minimum capital requirements
content:
9. —(1) Subject to the provisions of this Act, no chit fund company may be granted or may hold a licence unless its capital, issued and paid up in cash, and unimpaired by losses or otherwise, is not less than $200,000. (2) The Authority may require such percentage of the issued and paid‑up capital as may be prescribed in regulations made under this Act to be deposited in such manner as may be prescribed. (3) A chit fund company incorporated in Singapore must not reduce its paid‑up capital during the currency of its licence without the Authority’s approval.


document_id: cfa-1971
provision_ref: s10
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 10
title: Restriction of opening of branches of chit fund companies
content:
10. —(1) A chit fund company must not open a new place of business or change the location of an existing place of business in Singapore without submitting a written application in respect thereof to the Authority. (2) Upon receipt of an application under subsection (1), the Authority may — ( a ) give its approval; or ( b ) without assigning any reason, refuse to give its approval, and its decision is final. (3) A chit fund company incorporated in Singapore must not open a new branch, agency or office in any place outside Singapore. (4) Any chit fund company which contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.


document_id: cfa-1971
provision_ref: s11
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 11
title: Fees to be paid in respect of branches of chit fund companies
content:
11. —(1) The Authority may by notification in the Gazette specify the annual licence fees that chit fund companies in Singapore must pay for each of their branches. (2) The manner of payment must be as specified by the Authority.


document_id: cfa-1971
provision_ref: s12
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 12
title: Limitation on mergers, etc., of chit fund company
content:
12. —(1) No chit fund company incorporated in Singapore may be merged or consolidated with or be taken over by another company or companies or their subsidiaries or related companies as described in section 6 of the Companies Act 1967 (whether that company is or those companies are incorporated in Singapore or outside Singapore) nor may any such company or companies acquire an interest exceeding 20% of the voting share capital of a chit fund company without application to, and approval by, the Authority. (2) In considering the application, the Authority has power to call for any information that it requires. (3) The Authority may — ( a ) approve the application; or ( b ) refuse the application. (4) Any chit fund company whose application has been refused by the Authority may within one month of being notified of the refusal by the Authority appeal against its refusal to the Minister whose decision is final.


document_id: cfa-1971
provision_ref: s13
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 13
title: Amendment of constitution of chit fund company
content:
13. —(1) Every chit fund company in Singapore must, prior to the making of any amendment or alteration in its memorandum of association or articles of association, or other instrument under which it is incorporated, furnish to the Authority for its approval particulars in writing (verified by a statutory declaration made by a senior officer of the chit fund company) of the proposed amendment or alteration. (2) The Authority may thereupon — ( a ) approve the proposed alteration without modification; ( b ) approve the proposed alteration with modification; or ( c ) refuse to approve the proposed alteration. (3) If the Authority approves the proposed alteration with modification, the chit fund company must adopt the proposed alteration as so modified or not proceed with the proposed alteration, and if the Authority refuses to approve the proposed alteration, it may request the chit fund company to withdraw the proposed alteration and the chit fund company must comply with the Authority’s request. (4) Any chit fund company which fails to comply with the requirements of subsection (1) or with any request by the Authority made under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $300 for every day during which the default continues after conviction.


document_id: cfa-1971
provision_ref: s14
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 14
title: Revocation of licence
content:
14. —(1) The Authority may by order revoke a licence issued under this Act — ( a ) if it is satisfied that the chit fund company holding that licence — (i) has ceased to transact chit fund business in Singapore or is carrying on any other business other than chit fund business; (ii) proposes to make, or has made, any composition or arrangement with its creditors or has gone into liquidation or has been wound up, whether voluntary or involuntary, or otherwise dissolved; (iii) is carrying on its business in a manner likely to be detrimental to the interests of the subscribers of its chit funds or has insufficient assets to cover its liabilities to its subscribers or the public; (iv) is contravening the provisions of this Act or the regulations made under this Act; or (v) has been convicted of any offence under this Act or the regulations made under this Act or if any of its officers holding a managerial or executive position has been convicted of any offence under this Act or the regulations made under this Act; or ( b ) if it considers it in the public interest to do so. (2) The Authority must, before revoking any licence under subsection (1), give the chit fund company concerned notice in writing of its intention to do so, specifying a date, not less than 21 days after the date of the notice, upon which the revocation will take effect and calling upon the chit fund company to show cause to the Authority why the licence should not be revoked. (3) When the Authority has revoked a licence under subsection (1), it must forthwith inform the chit fund company by written notice of the revocation. (4) The chit fund company may, within 14 days of the receipt of the notice referred to in subsection (3), or an extended period of time that the Minister may allow, appeal in writing against the revocation to the Minister whose decision is final.


document_id: cfa-1971
provision_ref: s15
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 15
title: Effect of revocation of licence
content:
15. —(1) Where an order of revocation becomes effective under section 14 — ( a ) notice of the revocation must be published in the Gazette ; and ( b ) the chit fund company must, as from the date of the notice, cease to transact any chit fund business in Singapore except as may be approved by the Authority for the purpose of winding up its chit fund business. (2) Subsection (1)( b ) does not prejudice the enforcement by any person of any right or claim against the chit fund company or by the chit fund company of any right or claim against any person.


document_id: cfa-1971
provision_ref: s16
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 16
title: Exhibition of licence
content:
16. Any licence issued under section 7(3), or a certified copy of the licence, must, so long as it remains valid, be exhibited in a conspicuous position at the principal place of business of the chit fund company and in the event of its revocation under section 14, the licence and all certified copies of the licence must be surrendered forthwith to the Authority.


document_id: cfa-1971
provision_ref: s17
chapter: PART 3 - LICENSING OF CHIT FUND COMPANIES
section: 17
title: Publication of list of companies
content:
17. The Authority must cause to be published in the Gazette in the month of April in each year a list of all chit fund companies to which licences have been issued under this Act.


document_id: cfa-1971
provision_ref: s18
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 18
title: Prohibition of chit funds conducted in contravention of this Act
content:
18. Any person who promotes or conducts, or aids, assists, or takes any part in the promotion or conduct of any chit fund otherwise than in accordance with the provisions of this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: cfa-1971
provision_ref: s19
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 19
title: When scheme or arrangement deemed to be chit fund
content:
19. Any scheme or arrangement which is based wholly on the essential terms and conditions set out in section 24 or has all the attributes and incidents of a chit fund within the scope and intent of that section is, even though it is called by any other name, deemed to be a chit fund for the purposes of this Act.


document_id: cfa-1971
provision_ref: s20
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 20
title: Scheme or arrangement which is deemed only to partake of nature of chit fund prohibited
content:
20. —(1) Every scheme or arrangement by whatever name called — ( a ) which is not based wholly on the essential terms and conditions set out in section 24; or ( b ) which is based on terms and conditions inconsistent wholly or in part with those essential terms and conditions, is, for the purposes of this Act, deemed only to partake of the nature of a chit fund. (2) Regulations made under this Act may describe or define what schemes or arrangements are deemed only to partake of the nature of a chit fund for the purposes of this section. (3) Any person who promotes or conducts, or aids, assists, or takes any part in the promotion or conduct of any scheme or arrangement which only partakes of the nature of a chit fund within the meaning of this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (4) No right or claim under any scheme or arrangement which only partakes of the nature of a chit fund within the meaning of this Act or the regulations made under this Act is, without affecting subsection (1), enforceable by action in any court.


document_id: cfa-1971
provision_ref: s21
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 21
title: Security
content:
21. The licensing of any company under this Act is not to be regarded as authorising the promotion or formation of any chit fund or the acceptance by that company of any instalment or interest from any subscriber until such security as is provided in the regulations made under this Act in respect of that chit fund has been deposited by the chit fund company in accordance with those regulations.


document_id: cfa-1971
provision_ref: s22
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 22
title: Receipt of contributions
content:
22. A chit fund company may receive contributions due from intending subscribers at the time of the signing of the agreement pursuant to section 24(3) but if within 14 days after the expiry of one month of the signing of the agreement the chit fund does not commence, the contributions received must be returned to the subscribers. Formation and essential terms and conditions


document_id: cfa-1971
provision_ref: s23
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 23
title: Formation of chit funds
content:
23. Every chit fund must be formed by the execution of a written agreement between the chit fund company on the one part and the intending subscribers severally on the other part.


document_id: cfa-1971
provision_ref: s24
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 24
title: Essential terms and conditions of chit fund
content:
24. —(1) Every agreement made under section 23 must contain all the following terms and conditions with the actual amounts, dates and other particulars necessary in each case: ( a ) that the chit fund is for a specific amount and for a specified number of subscribers only; ( b ) that the subscribers are to contribute equal portions of the amount; ( c ) that the contribution of each subscriber is to be paid to the chit fund company in money in equal amounts of a specified value during a specified period; ( d ) that each contribution is payable on a date specified for that contribution or within such number of days of grace after that date as may be specified; ( e ) that on or after each date on which the contributions are payable, the chit fund amount is to be put up for sale by the chit fund company among the subscribers either by auction or by way of sealed tenders; ( f ) that each of the subscribers is entitled to purchase the chit fund amount once and not more often during the period of that chit fund, and that no subscriber who has been declared the purchaser at any such sale is to be entitled or permitted to bid or tender at any subsequent sale; ( g ) that every bid or tender of a subscriber at a sale is to indicate the sum which the subscriber is willing to forego as interest for the privilege of obtaining the prize on that occasion; ( h ) that of the subscribers entitled to bid at any sale, the subscriber who offers the highest interest is to be declared the purchaser; ( i ) that the purchaser is entitled to receive the prize consisting of the chit fund amount less the interest offered by him or her, on producing guarantors to stand surety for the due payment of his or her future contributions in respect of that chit fund; ( j ) that the chit fund company is to deduct for commission and working expenses a specified sum or a sum bearing a specified proportion to the prize amount or to the chit fund amount; ( k ) that the interest is to be distributed in equal proportion among all the subscribers; ( l ) that a subscriber, who has not yet purchased a chit fund amount and who defaults in either the payment of a contribution or the production of guarantors is entitled to a refund of actual contributions already paid by the subscriber in accordance with section 31(2) and (3) or 32(2), as the case may be. (2) The agreement mentioned in subsection (1) must also contain — ( a ) the full name and address of the chit fund company and of each of the subscribers; ( b ) the business address of the chit fund company or the exact location of the place where the records of the chit fund are to be kept and where its business is to be transacted; ( c ) the number of the subscriber’s identity card issued by the Government or in the case of a subscriber who has not been issued with a Singapore identity card any other record of identification that may be prescribed; and ( d ) any other terms and conditions not inconsistent with this Act, or with the essential terms and conditions referred to in subsection (1), that are considered necessary for the better management and control of the chit fund. (3) In respect of every chit fund, the agreement must be signed in original and duplicate by the chit fund company and each intending subscriber, either in person or by a duly authorised agent, and each signature must be attested by a witness present at the time of signing.


document_id: cfa-1971
provision_ref: s25
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 25
title: Duty of chit fund company to acknowledge subscriber’s rights
content:
25. As soon as possible after the agreement has been signed by each intending subscriber, the chit fund company must give the subscriber a written acknowledgment that the subscriber is entitled to participate in the chit fund. Conduct of chit fund


document_id: cfa-1971
provision_ref: s26
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 26
title: Meetings of subscribers
content:
26. —(1) Where the provisions of this Act or the regulations made under this Act or the terms and conditions of the agreement require any matter to be decided by a meeting of the subscribers, the chit fund company must convene a meeting for the purpose within 7 days of its becoming aware of the event requiring a meeting and must serve written notice on each of the subscribers not less than 5 days before the date selected by the chit fund company for the meeting. (2) The notice must state the time, date and place at which the meeting is to be held, and the business to be transacted at the meeting. (3) The notice may either be served personally on each subscriber or sent to the subscriber by registered or certified post; and any notice sent to a subscriber by registered post is deemed to have been duly served if it was addressed to the registered address of that subscriber or to any other address notified by that subscriber in writing to the chit fund company.


document_id: cfa-1971
provision_ref: s27
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 27
title: Minutes of meeting
content:
27. —(1) The chit fund company must enter in a book to be kept for that purpose the minutes of the proceedings of every meeting of the subscribers. (2) The minutes must in every case contain the following particulars: ( a ) the place, date, time and duration of the meeting; ( b ) the names of the subscribers who were present; ( c ) the items of business transacted at the meeting, and in the case of a meeting at which a chit fund amount is auctioned, the following additional particulars: ( d ) the serial number of the auction; ( e ) the name of each bidder and the amount of each bid; ( f ) the name of the purchaser; ( g ) the amount of the interest.


document_id: cfa-1971
provision_ref: s28
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 28
title: Alteration of agreement
content:
28. Subject to the provisions of this Act and the regulations made under this Act and subject also to any terms or conditions contained in the agreement as to the matters or the mode in which alterations of the agreement may be made, any alteration of the figures, amounts, dates or other particulars which are not likely to affect the intention or the legal effect of the essential terms and conditions, or any alteration of the additional terms and conditions contained in any agreement, may be made only at any meeting of the subscribers, duly convened for the purpose, by the votes of a majority, the aggregate of whose contributions is not less than three-quarters of the chit fund amount.


document_id: cfa-1971
provision_ref: s29
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 29
title: Receipts for contributions paid and entry of payments in passbook
content:
29. —(1) Every subscriber must receive a receipt issued by or on behalf of the chit fund company for each contribution paid by the subscriber. (2) Every subscriber must be issued with a passbook into which each payment made by the subscriber must be entered by the chit fund company.


document_id: cfa-1971
provision_ref: s30
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 30
title: Production of guarantors by purchaser of chit fund amount
content:
30. Every subscriber who is declared the purchaser of a chit fund amount must, as a condition precedent to the payment of the prize amount to him or her by the chit fund company, produce at least 2 guarantors to stand surety for the payment of the contributions due from him or her for the remainder of the chit fund period.


document_id: cfa-1971
provision_ref: s31
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 31
title: Effect of failing to produce guarantors
content:
31. —(1) If a subscriber purchasing the chit fund amount fails to produce the guarantors required under section 30 within 2 weeks of the auction, the chit fund company must either — ( a ) within 7 days of the expiry of those 2 weeks, declare the next highest bidder, who has not purchased the chit fund amount, to be purchaser of the chit fund amount according to that bidder’s bid on his or her producing the guarantors as required under section 30; or ( b ) within 2 weeks after the expiry of those 2 weeks, conduct a fresh sale of that chit fund amount and give not less than 7 days’ notice of the date to each of the subscribers then entitled to bid at the sale. (2) Where a subscriber is unable to produce the guarantors as required under section 30, the subscriber has the right to a refund of the actual amount of the earlier contributions paid by him or her to the chit fund company, without any deduction whatsoever. (3) The refund must be paid by the chit fund company within 3 weeks from the date of the auction. (4) In the event of a refund to a subscriber under subsection (2) by a chit fund company, the chit fund company is entitled to remove the name of that subscriber from the register of subscribers kept under section 37 and to substitute therefor the name of the new subscriber.


document_id: cfa-1971
provision_ref: s32
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 32
title: Substitution of new subscriber for defaulting subscriber who has not purchased any chit fund amount
content:
32. —(1) Where default in the payment of any contribution is made by any subscriber who has not purchased a chit fund amount, the chit fund company is entitled to remove the name of the defaulting subscriber from the register of subscribers kept under section 37 and to substitute in the register the name of a new subscriber. (2) The removal of the defaulting subscriber’s name from the register is not to be deemed to prejudice the right of the defaulting subscriber to a refund of the actual amount of any earlier contributions paid by him or her, at such time and with such deductions by way of penalty as may be prescribed by regulations made under this Act. (3) All the rights and liabilities that would under the agreement have accrued to or been incurred by the defaulting subscriber after the date of the substitution if he or she had not made default, are deemed to be transferred to the new subscriber. (4) No collateral undertaking, as to mutual rights and obligations entered into by the chit fund company and the new subscriber for the purposes of the substitution of the new subscriber, is deemed to affect in any respect the duties and liabilities of the new subscriber under the terms and conditions of the agreement.


document_id: cfa-1971
provision_ref: s33
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 33
title: Voluntary reduction of membership in lieu of substitution of new subscriber
content:
33. —(1) In any case referred to in section 32, the chit fund company may, before substituting a new subscriber in place of the defaulting subscriber whose name is removed from the register under that section, convene a meeting of the remaining subscribers for the purpose of obtaining their consent to a reduction of the number of subscribers and of the chit fund amount by refraining from substituting a new subscriber in place of the defaulting subscriber. (2) If at the meeting so convened the subscribers by a majority representing not less than two-thirds of the chit fund amount consent to such reduction and to the necessary alteration of the agreement, the chit fund company must record that fact in the minute book kept under section 27. (3) Upon the recording of the alteration made for the purposes of a voluntary reduction under this section, every subscriber who was the purchaser of a chit fund amount sold at any auction prior to the date of the reduction, is liable to continue the payment of the contributions specified in the agreement until the aggregate amount so contributed by him or her becomes equal to the chit fund amount at the time of the sale at which he or she was declared the purchaser.


document_id: cfa-1971
provision_ref: s34
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 34
title: Liability of defaulting subscriber who has already purchased chit fund amount
content:
34. —(1) Where default in the payment of any contribution is made by a subscriber who has already purchased a chit fund amount, the subscriber and his or her guarantors are liable to make immediate payment to the chit fund company of the aggregate of all the contributions payable by him or her to the end of the chit fund period. (2) Upon receiving the contributions pursuant to subsection (1), the chit fund company must immediately deposit those contributions in any bank that is approved by the Authority. (3) Any money received under subsection (1) exceeding the amount required to cover the contribution of the defaulting subscriber must be returned forthwith by the chit fund company to the defaulting subscriber or his or her guarantors, as the case may be. (4) A chit fund company may charge interest on any money due under subsection (1) at the rate and by the method prescribed in the regulations made under this Act.


document_id: cfa-1971
provision_ref: s35
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 35
title: Transfer of subscriber’s rights
content:
35. —(1) Any subscriber who has not purchased a chit fund amount may make over his or her rights in the chit fund by a transfer in writing to any person approved by the chit fund company. (2) Notice of every transfer made under subsection (1) must be given forthwith to the chit fund company in writing, signed by the transferor and the transferee. (3) On receipt of the notice of any transfer made under subsection (1), the chit fund company must make the appropriate entries in the register of subscribers kept under section 37. (4) Where the transfer of the rights of any subscriber under subsection (1) is proved to have been made to any person who was insolvent at the time of the transfer or to have been made with the intention of defeating the provisions of any written law in force in Singapore, the transfer is not to be deemed to operate as a discharge to that subscriber from his or her duties and liabilities under the terms and conditions of the agreement. (5) Despite anything in any other written law to the contrary, the stamp duty payable on any transfer under this section must be in accordance with the provisions of the Stamp Duties Act 1929.


document_id: cfa-1971
provision_ref: s36
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 36
title: Transfer of right of chit fund company to recover contributions to be voidable
content:
36. Any transfer made by the chit fund company of its right to recover the contributions payable by subscribers, who have purchased chit fund amounts, does not defeat or delay the rights of any subscriber who has not purchased a chit fund amount and is voidable at the instance of the subscriber if the transfer is likely to defeat or delay the rights of that subscriber under the terms and conditions of the agreement.


document_id: cfa-1971
provision_ref: s37
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 37
title: Books to be kept by chit fund company
content:
37. The chit fund company must keep and from day to day regularly post up the following books: ( a ) a register of subscribers containing — (i) the names and addresses of all subscribers with the respective dates on which the subscribers signed the agreement, and the date on which any subscriber ceased to be a subscriber by reason of a transfer of rights or of a substitution in case of default; (ii) in the case of any transfer of rights by a subscriber, the name and address of the person to whom the rights are transferred with the date of the transfer and the date on which notice of the transfer is given to the chit fund company; and (iii) the name and address of any person substituted in place of a defaulting subscriber, with the date on which that person is so substituted; ( b ) the minute book required under section 27; ( c ) an account book containing separate accounts of — (i) the contributions paid by each subscriber and the respective dates of those payments; (ii) the prize amounts paid to purchasers of the chit fund amount and the respective dates of those payments; (iii) the amount of the commission or remuneration received by the chit fund company and the registration fees paid by it; and (iv) the amount of the rebate paid to each subscriber on each occasion and the date of the payment.


document_id: cfa-1971
provision_ref: s38
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 38
title: Liability of chit fund company to subscribers
content:
38. —(1) The chit fund company is liable to each subscriber for any amount due to that subscriber in respect of the chit fund. (2) The chit fund company is not entitled to withdraw from the management of the chit fund without the written consent of all the subscribers. (3) Where the chit fund company is in liquidation or is being wound up, whether voluntarily or otherwise, any debt owing by the company to any subscriber under the terms and conditions of the agreement relating to the chit fund is, despite anything in any other written law to the contrary, to be a first charge upon any property acquired or held by it for the purposes of that chit fund, including property held by the Authority as security pursuant to the regulations made under this Act.


document_id: cfa-1971
provision_ref: s39
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 39
title: Prohibition of bid or tender by chit fund company
content:
39. —(1) No chit fund company licensed under section 7 is entitled to bid or submit a tender or may bid or submit a tender either directly or indirectly at any sale of a chit fund amount held by auction or by tenders in connection with any chit fund formed or conducted by that company. (2) Any chit fund company licensed under section 7 may, in lieu of substituting a new subscriber in the place of each defaulting subscriber, take up the share of one or more defaulting subscribers, and in every such case the chit fund company is entitled to take, without an auction or other sale and without any interest, the successive chit fund amounts available after the last of the continuing eligible subscribers has purchased his or her prize amount.


document_id: cfa-1971
provision_ref: s40
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 40
title: Termination of chit fund
content:
40. —(1) A chit fund is deemed to terminate upon the occurrence of any of the following events: ( a ) on the expiry of the chit fund period as specified in the agreement or where it is curtailed by reason of any voluntary reduction of membership duly effected under section 33; ( b ) on the failure of the chit fund company to conduct the chit fund in accordance with the provisions of this Act, the regulations made under this Act or the terms and conditions of the agreement; ( c ) on the chit fund company going into liquidation or being wound up, whether voluntarily or involuntarily or otherwise being dissolved; ( d ) on steps being taken for the winding up of the company either voluntarily or by order of the Authority or the Minister; ( e ) on the licence being revoked by the Authority under section 14. (2) Upon the termination of a chit fund otherwise than by the expiry of the chit fund period as specified in the agreement or by a voluntary reduction of a chit fund under section 33, every subscriber who has not purchased a chit fund amount is entitled — ( a ) to recover from the chit fund company the aggregate of the actual amounts contributed by each subscriber as contributions under the agreement prior to the termination of the chit fund; or ( b ) to apply to a court of competent jurisdiction for an order — (i) directing each subscriber who has drawn a prize amount in that chit fund to deposit in court upon the due dates the several contributions which, if the chit fund had not terminated, would have been payable by the subscriber to the chit fund company, until the aggregate of the amounts paid to the chit fund company by that subscriber before the termination of the chit fund and of the amounts so deposited in court become equal to the chit fund amount at the time of the sale at which that subscriber was declared the purchaser; and (ii) declaring that all amounts so deposited in court are to be divided rateably among the subscribers who have not drawn a prize amount in that chit fund, and setting out for that purpose any scheme of distribution that may be necessary. (3) Where any action is instituted by a subscriber for the enforcement of a claim under subsection (2)( a ), the chit fund company may apply for an order of court under subsection (2)( b ) in like manner as a subscriber and any sum of money that may be received under such an order by the subscriber instituting the action, is to be set off against the amount claimed in the action.


document_id: cfa-1971
provision_ref: s41
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 41
title: Sale by sealed tender as alternative to auction
content:
41. —(1) The sale of the chit fund amounts may, if the terms and conditions of the agreement provided therefor, be effected by way of sealed tenders as an alternative to an auction if, at a duly convened meeting of the subscribers held before the sale of the first chit fund amount, the subscribers by a majority representing three-quarters of the chit fund amount resolve to adopt the method of sealed tenders; and the method adopted for the sale of the first chit fund amount must be followed at each subsequent sale in connection with that chit fund. (2) However, in every case where the tenders of 2 or more subscribers are of the same value, the chit fund amount must be put up for sale by auction among those subscribers, and the initial bid at every such auction must be the amount set out in the tenders of those subscribers.


document_id: cfa-1971
provision_ref: s42
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 42
title: Financial limits to be observed by chit funds
content:
42. —(1) The total value of the chit fund to be conducted at any one time by a chit fund company must be as prescribed by regulations made under this Act. (2) For the purposes of this section, the “total value of the chit fund” means the aggregate of the chit fund amounts that are to be collected and put up for sale during the period of that chit fund.


document_id: cfa-1971
provision_ref: s43
chapter: PART 4 - CHIT FUNDS — GENERAL PROVISIONS
section: 43
title: Limits on lending powers of chit fund company
content:
43. —(1) A chit fund company must not lend to any person other than to a subscriber who has not purchased the chit fund amount. (2) A chit fund company may lend to a subscriber who has not purchased the chit fund amount but the amount so lent must not exceed 75% of the aggregate contributions already paid by that subscriber or any other percentage that may be specified in regulations made under this Act. (3) A chit fund company that lends to a subscriber under subsection (2) is not to be deemed to be a moneylender under the Moneylenders Act 2008 and that Act does not accordingly apply to any transaction under this section.


document_id: cfa-1971
provision_ref: s44
chapter: PART 5 - RESERVE FUND, DIVIDENDS, BALANCE SHEET, INFORMATION AND REGULATION OF BUSINESS
section: 44
title: Maintenance of reserve funds
content:
44. —(1) Every chit fund company must maintain a reserve fund. (2) At the end of each financial year, the net profit of each chit fund company is determined after allowing for taxation, and after making provision for bad or doubtful debts. (3) Such part of the net profits as is specified in this subsection must be transferred to the reserve fund at the end of each financial year, as follows: ( a ) where the reserve fund is 200% or more of the paid‑up capital, a sum of not less than 5% of the net profits; ( b ) where the reserve fund is not less than 100% but less than 200% of the paid‑up capital, a sum of not less than 15% of the net profits; ( c ) where the reserve fund is less than 100% of the paid‑up capital, a sum of not less than 30% of the net profits.


document_id: cfa-1971
provision_ref: s45
chapter: PART 5 - RESERVE FUND, DIVIDENDS, BALANCE SHEET, INFORMATION AND REGULATION OF BUSINESS
section: 45
title: Bad and doubtful debts
content:
45. Every chit fund company must, before the profit and loss account and balance sheet are made out, take steps to ensure that all bad debts have been written off and make adequate provision for doubtful debts.


document_id: cfa-1971
provision_ref: s46
chapter: PART 5 - RESERVE FUND, DIVIDENDS, BALANCE SHEET, INFORMATION AND REGULATION OF BUSINESS
section: 46
title: Restriction on payment of dividends by chit fund companies
content:
46. A chit fund company must not pay any dividend on shares, until all its capitalised expenditure (including preliminary expenses, organisation expenses, share selling, commission, brokerage, amount of losses incurred and any item of expenditure not represented by tangible assets) has been completely written off.


document_id: cfa-1971
provision_ref: s47
chapter: PART 5 - RESERVE FUND, DIVIDENDS, BALANCE SHEET, INFORMATION AND REGULATION OF BUSINESS
section: 47
title: Exhibition of audited balance sheet
content:
47. Every chit fund company must exhibit throughout the year in a conspicuous position in every office and branch of that chit fund company, a copy of its last audited balance sheet and profit and loss account together with the full and correct names of all persons who are directors of the chit fund company, as soon as the balance sheet is audited.


document_id: cfa-1971
provision_ref: s48
chapter: PART 5 - RESERVE FUND, DIVIDENDS, BALANCE SHEET, INFORMATION AND REGULATION OF BUSINESS
section: 48
title: Information and statistics to be furnished by chit fund companies
content:
48. —(1) Every chit fund company must furnish to the Authority, at such time and in such manner as the Authority may prescribe, all the information and data that the Authority may reasonably require for the proper discharge of its functions under the provisions of this Act. (2) Every chit fund company that fails or neglects to furnish any information required by the Authority under subsection (1), and within the time specified by the Authority, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day during which the default continues after conviction.


document_id: cfa-1971
provision_ref: s49
chapter: PART 6 - INSPECTION OF CHIT FUND COMPANIES
section: 49
title: Inspection and investigation of chit fund companies and production of books, etc.
content:
49. —(1) The Authority may, from time to time, inspect or cause to be inspected, under conditions of secrecy, the books, accounts and transactions of any chit fund company. (2) The Minister may at any time direct the Authority to make an investigation, under conditions of secrecy, of the books, accounts and transactions of a chit fund company, if he or she has reason to believe that the chit fund company is carrying on its business in a manner detrimental to the interests of its subscribers and other creditors or has insufficient assets to cover its liabilities to the public, or is contravening the provisions of this Act or the regulations made under this Act. (3) The Authority may appoint any auditor, other than the auditor appointed by the chit fund company under section 205 of the Companies Act 1967, to exercise the powers of the Authority under subsections (1) and (2). (4) For the purpose of an inspection or investigation under this section, a chit fund company must give the Authority access to its books, accounts and documents and must give such information and facilities as may be required to conduct the investigation. (5) However, those books, accounts and documents mentioned in subsection (4) are not to be required to be produced at such times and at such places as would interfere with the proper conduct of the normal daily business of that chit fund company. (6) If any book, account or document or information is not supplied in accordance with subsection (4), the chit fund company concerned shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine of $250 for every day during which the default continues after conviction.


document_id: cfa-1971
provision_ref: s50
chapter: PART 6 - INSPECTION OF CHIT FUND COMPANIES
section: 50
title: Powers of Authority to issue orders after inspection
content:
50. —(1) If the Authority finds upon an inspection under section 49 that the affairs of a chit fund company are being conducted in a manner likely to be detrimental to the interests of the subscribers or prejudicial to the interests of the chit fund company, the Authority may by order require the chit fund company to take such corrective action as the Authority considers to be necessary or require the chit fund company to discontinue such practices or procedures. (2) No order may be issued under subsection (1) unless the chit fund company has been given a reasonable opportunity to present its views to the Authority. (3) The Authority may, upon representation being made to it, or on its own motion, modify or cancel any order issued under subsection (1) and, in so modifying or cancelling any order, may impose any conditions it thinks fit.


document_id: cfa-1971
provision_ref: s51
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 51
title: Recovery of fees, expenses, etc.
content:
51. There is recoverable as a civil debt due to the Government from the chit fund company concerned the amount of any fees payable under this Act or any regulations made under this Act.


document_id: cfa-1971
provision_ref: s52
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 52
title: Exemption
content:
52. Despite any of the provisions of this Act, the Authority may, with the approval of the Minister, exempt any chit fund company from all or any of the provisions of this Act.


document_id: cfa-1971
provision_ref: s53
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 53
title: Winding up provisions
content:
53. —(1) Without affecting the provisions of the Insolvency, Restructuring and Dissolution Act 2018 — ( a ) a chit fund company (whether or not it is being wound up voluntarily) may be wound up under an order of the court on the application of the Minister; and ( b ) the court may order the winding up of a chit fund company if that company — (i) has held a licence under this Act and that licence has expired or has been revoked; (ii) has been declared insolvent; or (iii) has carried on chit fund business in Singapore in contravention of the provisions of this Act. [40/2018] (2) In the winding up of a chit fund company that has been carrying on chit fund business, every subscriber who has not purchased a chit fund amount is entitled to recover that subscriber’s contribution in the manner set out in section 40(2).


document_id: cfa-1971
provision_ref: s54
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 54
title: Redemption of securities held by chit fund company
content:
54. —(1) As soon as practicable after the making of an order for the winding up of a chit fund company, the liquidator of the company — ( a ) must publish in the Gazette a notice requiring every debtor of the chit fund company to redeem any property the debtor has deposited with the company as security for any loan that he or she has obtained from the chit fund company; and ( b ) must also send by registered post the notice to every debtor whose security is held by the chit fund company and whose name is mentioned in the statement of affairs made out under section 141 of the Insolvency, Restructuring and Dissolution Act 2018. [40/2018] (2) The notice must specify the latest date up to which any security may be redeemed, which date must not be less than 3 months from the date of the notice. (3) After the latest date for redeeming any security held by the chit fund company specified in the notice, the liquidator may proceed to realise any security held by the chit fund company forthwith, despite any agreement setting out any other period of redemption previously entered into between the chit fund company and the debtor.


document_id: cfa-1971
provision_ref: s55
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 55
title: Operation of this Act not to affect certain Acts
content:
55. —(1) Nothing in this Act affects the operation of the Companies Act 1967, and any company that is liable to be incorporated under that Act continues to be so liable as if this Act had not been passed, but in case of conflict between that Act and this Act, the provisions of this Act shall prevail, unless otherwise provided in this Act. (2) Nothing in this Act, unless it is expressly provided to the contrary, affects the operation of any written law relating to moneylending, finance companies, banking or insurance or the liability of any chit fund company under any such law.


document_id: cfa-1971
provision_ref: s56
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 56
title: General penalty
content:
56. Any chit fund company which, or any person who being a director, an officer, an employee or an agent of a chit fund company, contravenes any of the provisions of this Act for which no penalty is expressly provided shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: cfa-1971
provision_ref: s57
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 57
title: Offences triable in District Court
content:
57. Despite the provisions of any other written law, offences under this Act or any regulations made under this Act may be tried in a District Court which has the power to impose the maximum penalty prescribed for any offence under this Act.


document_id: cfa-1971
provision_ref: s58
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 58
title: Consent of Public Prosecutor
content:
58. A prosecution in respect of any offence under this Act or the regulations made under this Act may only be instituted with the consent of the Public Prosecutor.


document_id: cfa-1971
provision_ref: s59
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 59
title: Offences by directors, managing directors or managers
content:
59. —(1) Any person who, being a director, managing director or manager of a chit fund company — ( a ) fails to comply or take all reasonable steps to secure compliance by the chit fund company with the provisions of this Act or any other written law relating to chit fund companies in Singapore; or ( b ) fails to ensure or take all reasonable steps to ensure the accuracy and correctness of any statement or information submitted under this Act or any other written law relating to chit fund companies in force in Singapore, shall be guilty of an offence and shall in respect of each offence be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (2) In proceedings against a person under subsection (1), it is a defence to prove that the person had reasonable grounds to believe and did in fact believe that a competent and reliable person was charged with the duty of securing compliance with the provisions of those laws or with the duty of ensuring that those statements were accurate and that that person was in a position to discharge that duty. (3) A person shall not be sentenced to imprisonment for any offence under subsection (1) unless, in the opinion of the court, the person committed the offence wilfully.


document_id: cfa-1971
provision_ref: s60
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 60
title: Holding out as chit fund company
content:
60. Where any public or private company or firm holds itself out to be a licensed chit fund company when it is not licensed under this Act, the company or firm shall be guilty of an offence, and every director, manager or every officer of the company or the proprietor, partner or officer of the firm shall, unless he or she proves that such holding out by the company or firm was made without his or her knowledge or consent, 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 2 years or to both.


document_id: cfa-1971
provision_ref: s61
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 61
title: Regulations
content:
61. —(1) The Authority may, with the approval of the Minister, make all such regulations for, or in respect of, every purpose which it considers necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be so prescribed. (2) In particular and without limiting the powers conferred by subsection (1), the Authority may, with the approval of the Minister, by such regulations — ( a ) prescribe fees to be charged under this Act; ( b ) prescribe the procedure to be adopted in registering the agreement or any other document or filing any document; ( c ) prescribe the accounts or books to be kept and the forms to be used by the chit fund company in any case where express provision is not made by this Act; and for providing for the periodical inspection of those accounts or books by the Authority or by an officer authorised by the Authority; ( d ) prescribe the periods during which the several documents registered or filed in the office of the Authority must be preserved, and the method of disposal of such documents at the end of those periods; ( e ) prescribe in the agreement the duration of a chit fund, the highest rebate to be offered, the latest date on which contributions are to be paid and the nature of the security to be given to the chit fund company by the purchaser of the prize and the amount of the commission that may be charged by a chit fund company; ( f ) prescribe the security to be given by the chit fund company for the discharge of its liabilities under the agreement and the place where the security is to be lodged; ( g ) prescribe the total value of chit funds to be conducted at any one time by a chit fund company in relation to the paid‑up capital of that company; ( h ) prescribe additional essential terms and conditions or modify or amend existing terms and conditions under section 24; ( i ) regulate advertisements of chit fund companies; ( j ) vary the security to be furnished by the chit fund company or the subscriber, as the case may be; and ( k ) prescribe the rights, obligations, duties and liabilities of subscribers and the chit fund company. (3) Every chit fund company which contravenes the regulations made pursuant to subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: cgsa-1972
provision_ref: s2
section: 2
title: Definition
content:
2. In this Act, “Rules” means the International Convention for the unification of certain rules of law relating to bills of lading made at Brussels on 25 August 1924, as amended by the Protocol made at Brussels on 23 February 1968, and as set out in the Schedule.


document_id: cgsa-1972
provision_ref: s3
section: 3
title: Application of Rules
content:
3. —(1) The provisions of the Rules, as set out in the Schedule to this Act, have the force of law. (2) Without affecting subsection (1), the provisions of the Rules also have effect (and have the force of law) in relation to and in connection with the carriage of goods by sea in ships where the port of shipment is a port in Singapore, whether or not the carriage is between ports in 2 different States within the meaning of Article X of the Rules. (3) Subject to subsection (4), nothing in this section is to be construed as applying anything in the Rules to any contract for the carriage of goods by sea, unless the contract expressly or by implication provides for the issue of a bill of lading or any similar document of title. (4) Without affecting paragraph ( c ) of Article X of the Rules, the Rules have the force of law in relation to — ( a ) any bill of lading if the contract contained in or evidenced by it expressly provides that the Rules govern the contract; and ( b ) any receipt which is a non-negotiable document marked as such if the contract contained in or evidenced by it is a contract for the carriage of goods by sea which expressly provides that the Rules are to govern the contract. (5) Where subsection (4)( b ) applies, the Rules apply — ( a ) as if the receipt mentioned in subsection (4)( b ) were a bill of lading; and ( b ) subject to any necessary modifications and in particular with the omission of — (i) the second sentence of paragraph 4 of Article III of the Rules; and (ii) paragraph 7 of Article III of the Rules. (6) If and so far as the contract contained in or evidenced by a bill of lading or receipt mentioned in paragraph ( a ) or ( b ) of subsection (4) applies to deck cargo or live animals, the Rules as given the force of law by that subsection have effect as if Article I( c ) did not exclude deck cargo and live animals. (7) In subsection (6), “deck cargo” means cargo which by the contract of carriage is stated as being carried on deck and is so carried. (8) The Minister may, by order in the Gazette , specify the respective amounts which, for the purposes of paragraph 5 of Article IV and of Article IV bis of the Rules, are to be taken as equivalent to the sums expressed in francs which are mentioned in paragraph 5( a ) of Article IV.


document_id: cgsa-1972
provision_ref: s4
section: 4
title: Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply
content:
4. There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.


document_id: cgsa-1972
provision_ref: s5
section: 5
title: Modification of paragraphs 4 and 5 of Article III of Rules in relation to bulk cargoes
content:
5. Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, despite anything in the Rules, the bill of lading is not to be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment is not to be deemed to have been guaranteed by the shipper.


document_id: cgsa-1972
provision_ref: s6
section: 6
title: Saving and operation of other written law
content:
6. Nothing in this Act affects the operation of sections 135 and 136 of the Merchant Shipping Act 1995 as amended by any subsequent Act, or the operation of any other enactment for the time being in force limiting the liability of the owners of sea-going vessels.


document_id: cla-1909
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “court” means the General Division of the High Court; “executor” means the executor or administrator of a deceased person, and includes, as regards any obligation, any person who takes possession of or intermeddles with the property of a deceased person; “will” includes a codicil. [40/2019]


document_id: cla-1909
provision_ref: s3
section: 3
title: Law and equity to be administered concurrently
content:
3. In every civil cause or matter commenced in the court, law and equity shall be administered by the court in its original jurisdiction and by the Appellate Division of the High Court or the Court of Appeal according to the rules following: Claimants to have equitable relief in claims ( a ) if any claimant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract, or against any right, title or claim whatsoever asserted by any defendant in such cause or matter, or to any relief founded upon a legal right, which before 1 January 1879 could only have been given by the court on its equity side, the court shall give to such claimant such and the same relief, as ought to have been given by the court, on its equity side, in a suit or proceeding for the same, or the like purpose, properly instituted before that date; [Act 25 of 2021 wef 01/04/2022] Defendants the same in defences ( b ) if any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by any claimant in such cause or matter, or alleges any ground of equitable defence to any claim of the claimant in such cause or matter, the court shall give to every equitable estate, right or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect, by way of defence against the claim of such claimant, as the court on its equity side ought to have given, if the same or the like matters had been relied on by way of defence, in any suit or proceeding instituted in the court on its equity side, for the same or the like purpose, before 1 January 1879; [Act 25 of 2021 wef 01/04/2022] Defendants to have relief against claimants in suit, service and effect of service ( c ) the court may also grant to any defendant, in respect of any equitable estate or right, or other matter of equity, and also in respect of any legal estate, right or title claimed or asserted by him, all such relief against any claimant, as such defendant shall have properly claimed by his pleading, and as the court might have granted in any suit instituted for that purpose, by the same defendant against the same claimant before 1 January 1879 and also all such relief, relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who has been duly served with notice in writing of such claim, pursuant to the Rules of Court, as might properly have been granted against such person, if he had been made a defendant to a cause, duly instituted by the same defendant for the like purpose; and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights, in respect of his defence against such claim, as if he had been duly sued in the ordinary way by such defendant; [Act 25 of 2021 wef 01/04/2022] Equitable rights appearing incidentally ( d ) the court shall recognise and take notice of all equitable estates, titles and rights, and all equitable duties and liabilities, appearing incidentally in the course of any cause or matter, in the same manner in which the court on its equity side would have recognised and taken notice of the same, in any suit or proceeding duly instituted therein before 1 January 1879; Suits not to be restrained by prohibition or injunction ( e ) no cause or proceeding at any time pending in the court in its original jurisdiction or in the Appellate Division of the High Court or the Court of Appeal, shall be restrained by prohibition or injunction; but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained if the Civil Law Ordinance 1878 (IV/1878) had not been passed, either unconditionally or on any terms or conditions, may be relied on by way of defence thereto; Court may grant stay of proceedings in a summary way ( f ) nothing in this Act shall disable the court from directing a stay of proceedings in any cause or matter pending before it, if it thinks fit; and any person, whether a party or not to any such cause or matter, who would have been entitled if the Civil Law Ordinance 1878 had not been passed, to apply to the court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule or order, contrary to which all or any part of the proceedings in such cause or matter may have been taken, may apply to the court, by summons in a summary way, for a stay of proceedings in such cause or matter, either generally, or so far as is necessary for the purpose of justice; and the court shall thereupon make such order as is just; Subject as above, court to give effect to claims at law, and by custom or statute ( g ) subject to the aforesaid provisions for giving effect to equitable rights and other matters of equity in the manner aforesaid, the said court shall recognise and give effect to all legal claims and demands, and all estates, titles, rights, duties, obligations and liabilities by the common law or by any custom, or created by any law having force in Singapore, in the same manner as the same would have been recognised and given effect to if this Act had not been passed; Court to grant all such remedies as any of the parties are entitled to in respect of every legal and equitable claim to avoid multiplicity ( h ) the court in the exercise of its original jurisdiction and the Appellate Division of the High Court or the Court of Appeal, in every cause or matter pending before it, shall grant, either absolutely or on such reasonable terms and conditions as to it seems just, all such remedies whatsoever as any of the parties thereto appear to be entitled to, in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided. [42/2005; 40/2019]


document_id: cla-1909
provision_ref: s4
section: 4
title: Administration of insolvent estates, and winding up of companies. Bankruptcy rules to prevail
content:
4. —(1) In the administration by any court of the assets of any deceased person whose estate proves to be insufficient for the payment in full of his debts and liabilities, and in the winding up of any company under the Insolvency, Restructuring and Dissolution Act 2018 whose assets prove to be insufficient for the payment of its debts and liabilities and the costs of winding up, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as are in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt. [40/2018] Creditors may come in under decree, or winding up (2) All persons who, in any such case, would be entitled to prove for and receive dividends out of the estate of any such deceased person, or out of the assets of any such company, may come in under the decree or order for the administration of such estate, or under the winding up of such company, and make such claims against the same as they may respectively be entitled to by virtue of this Act. Voluntary waste (3) A tenant for life or lives or a leasehold tenant shall not commit voluntary waste; but this subsection shall not apply to any estate or tenancy without impeachment of waste, or affect any licence or other right to commit waste. (4) A tenant who infringes subsection (3) shall be liable in damages to his remainderman or reversioner; and in subsection (3), “leasehold tenant” includes a tenant for a term, a tenant under a periodical tenancy and a tenant at will. Estate for life when not to confer right of equitable waste (5) An estate for life without impeachment of waste shall not confer, or be deemed to have conferred, upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate. Merger when not to operate (6) There shall not be any merger by operation of law only of any estate the beneficial interest in which would not before 23 July 1909 have been deemed to be merged or extinguished in equity. Suits for possession of immovable property by mortgagors (7) A mortgagor entitled for the time being to the possession or receipt of the rents and profits of any immovable property, as to which no notice of his intention to take possession, or to enter into the receipt of the rents and profits thereof, has been given by the mortgagee, may sue for such possession or for the recovery of such rents or profits or to prevent or recover damages in respect of any trespass or other wrong relative thereto in his own name only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person. Assignment of debts and choses in action effectual to pass right and remedy (8) Any absolute assignment by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be and be deemed to have been effectual in law, subject to all equities which would have been entitled to priority over the right of the assignee under the law as it existed before 23 July 1909, to pass and transfer the legal right to such debt or chose in action, from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor. Stipulations not of essence of contracts to be construed as in equity (9) Stipulations in contracts, as to time or otherwise, which would not, before 23 July 1909, have been deemed to be or to have become of the essence of such contracts in a court of equity, shall receive in all cases the same construction and effect as they would have received in equity before that date. Injunctions and receivers granted or appointed by interlocutory orders (10) A Mandatory Order or an injunction may be granted or a receiver appointed by an interlocutory order of the court, either unconditionally or upon such terms and conditions as the court thinks just, in all cases in which it appears to the court to be just or convenient that such order should be made. [42/2005] Interim relief in aid of foreign proceedings (10A) Subject to subsections (10B), (10C) and (10D), a court has the power to grant interim relief in aid of proceedings in any civil or commercial matter (excluding proceedings arising out of any fiscal, monetary or revenue law or measure) which have been or are to be commenced outside Singapore, if it appears to the court to be just or convenient that such order should be made. [Act 25 of 2021 wef 01/04/2022] (10B) An order under subsection (10A) may be made either unconditionally or upon such terms and conditions as the court thinks just. [Act 25 of 2021 wef 01/04/2022] (10C) The court may refuse to make an order under subsection (10A) if — ( a ) in the opinion of the court, the fact that the court has no jurisdiction apart from subsection (10A) in relation to the subject matter of the proceedings in question makes it inappropriate for the court to make the order; or ( b ) the proceedings concerned are not capable of giving rise to a judgment which may be enforced in Singapore. [Act 25 of 2021 wef 01/04/2022] (10D) In subsection (10A), “interim relief”, in relation to the court before which an application is brought, means interim relief of any kind which that court has power to grant in proceedings relating to matters within its jurisdiction, other than — ( a ) a warrant for the arrest of property; or ( b ) provision for obtaining evidence. [Act 25 of 2021 wef 01/04/2022] Terms. To prevent waste, etc., when granted (11) If an injunction is asked, either before, or at, or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, the injunction may be granted if the court thinks fit whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise, or, if out of possession, does or does not claim, a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both, or by either of the parties, are legal or equitable. Custody and education of minors (12) In questions relating to the custody and education of minors, the rules of equity shall prevail. [7/2009] Cases of conflict not enumerated, equity to prevail (13) Generally in all matters not particularly mentioned in this section, in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.


document_id: cla-1909
provision_ref: s5
section: 5
title: Agreement by way of gaming or wagering to be null and void
content:
5. —(1) All contracts or agreements, whether by parol or in writing, by way of gaming or wagering shall be null and void. (2) No action shall be brought or maintained in the court for recovering any sum of money or valuable thing alleged to be won upon any wager or which has been deposited in the hands of any person to abide the event on which any wager has been made. (3) Subsections (1) and (2) shall not be deemed to apply to any subscription or contribution, or agreement to subscribe or contribute, for or toward any plate, prize or sum of money to be awarded to the winner or winners of any lawful game, sport, pastime or exercise. (3A) Subsections (1) and (2) shall not apply to — ( a ) a contract for gaming that is conducted under the control or supervision of a person or an organisation that is exempted under section 24 of the repealed Common Gaming Houses Act 1961 from the provisions of that Act in respect of such gaming; [Act 15 of 2022 wef 01/08/2022] ( b ) a contract for betting that is held, promoted, organised, administered or operated by a person or an organisation that is exempted under section 22 of the repealed Betting Act 1960 from the provisions of that Act in respect of such betting, only if the betting takes place under the control or supervision of that person or organisation; [Act 15 of 2022 wef 01/08/2022] ( ba ) a contract by way of gaming, wagering or betting using remote communication that is conducted, promoted, organised or administered by — (i) an exempt operator within the meaning of the repealed Remote Gambling Act 2014; or [Act 15 of 2022 wef 01/08/2022] (ii) a person that is exempted under section 40 of that Act from section 10 or 11 of that Act; ( c ) a contract for betting that takes place on a totalisator conducted by or on behalf of the Singapore Totalisator Board or a turf club in accordance with an approved scheme; [Act 15 of 2022 wef 01/08/2022] ( d ) a contract to participate in a private lottery promoted or conducted by the holder of a permit granted under section 8 of the repealed Private Lotteries Act 2011; and [10/2006; 7/2011; 34/2014] [Act 15 of 2022 wef 01/08/2022] ( e ) a contract by way of gaming, wagering or betting that is conducted, promoted, organised or administered by — (i) a licensee or class licensee within the meaning of the Gambling Control Act 2022; (ii) a person mentioned in section 18(1)( d ) or ( f ) of the Gambling Control Act 2022 in the circumstances described in that section; or (iii) a person who is exempted under section 128 of the Gambling Control Act 2022 from section 18 of that Act. [Act 15 of 2022 wef 01/08/2022] (3B) In the case of a person or an organisation exempted under section 24 of the repealed Common Gaming Houses Act 1961 in respect of any gaming conducted for or on behalf of another person or organisation, subsection (3A)( a ) applies only if the contract is for gaming conducted by that person or organisation for or on behalf of that other person or organisation. [10/2006] [Act 15 of 2022 wef 01/08/2022] (3C) Subsection (3A)( a ) shall not apply to any gaming conducted in premises owned or used by a private body exempted under the repealed Common Gaming Houses Act 1961. [10/2006] [Act 15 of 2022 wef 01/08/2022] (3D) In the case of a person or an organisation exempted under section 22 of the repealed Betting Act 1960 in respect of any betting held, promoted, organised, administered or operated for or on behalf of another person or organisation, subsection (3A)( b ) applies only if the contract is for betting held, promoted, organised, administered or operated by that person or organisation for or on behalf of that other person or organisation. [10/2006] [Act 15 of 2022 wef 01/08/2022] (3DA) In the case of an exempt operator or person exempted under section 40 of the repealed Remote Gambling Act 2014 in respect of any gaming, wagering or betting conducted, promoted, organised or administered for or on behalf of another person or organisation, subsection (3A)( ba ) applies only if the contract is for betting conducted, promoted, organised or administered by that person or organisation for or on behalf of that other person or organisation. [34/2014] [Act 15 of 2022 wef 01/08/2022] (3E) In subsection (3A) — “contract” excludes a contract for or which involves — ( a ) the lending of any money or other valuable thing for such gaming or wagering; ( b ) the extension of any form of credit for such gaming or wagering; or ( c ) the giving of security in respect of the act referred to in paragraph ( a ) or ( b ); “private body” has the same meaning as in any notification made under the repealed Common Gaming Houses Act 1961 which exempts gaming conducted in premises owned or used by a private body; [Act 15 of 2022 wef 01/08/2022] “private lottery” has the same meaning as in the repealed Private Lotteries Act 2011; [Act 15 of 2022 wef 01/08/2022] “totalisator”, “Singapore Totalisator Board”, “turf club” and “approved scheme” have the same meanings as in the Singapore Totalisator Board Act 1987. [10/2006; 7/2011] (4) For the avoidance of doubt, this section shall not affect the validity or enforceability of any contract or agreement entered into by either or each party by way of business and the making or performance of which by any party constitutes an investment activity. (5) For the purposes of subsection (4), “investment activity” means any of the following activities: ( a ) a transaction in relation to a contract or an option for the future delivery of any securities, commodity, currency or financial instrument, whether or not there is any intention of actual delivery of such securities, commodity, currency or financial instrument; ( b ) a transaction in relation to a contract or an option which is entered into with the intention of settlement of differences in the prices or values of any securities, commodity, currency or financial instrument, whether or not there is any intention of actual delivery of such securities, commodity, currency or financial instrument; ( c ) a transaction involving the exchange or grant of an option for the exchange of any securities, commodity, currency or financial instrument; ( d ) a transaction in securities, commodity, currency or financial instrument; ( e ) a transaction involving the grant of a right or an option relating to an obligation to pay interest or the exchange or grant of an option for the exchange of obligations to pay interest; ( f ) a transaction in relation to a contract or an option to pay the difference between a pre-agreed interest rate and the rate prevailing as at specified intervals; ( g ) a transaction in relation to any securities, futures contract or derivative which is listed or traded on any stock exchange, futures exchange or commodities exchange in any country outside Singapore; ( h ) a transaction in relation to any other derivative including but not limited to any swap, cap, collar, floor and any combination thereof; ( i ) such other activity as the Minister may by notification prescribe. Promises to repay sums paid under such contracts to be null and void (6) Any promise, express or implied, to pay any person any sum of money paid by him under or in respect of any contract or agreement rendered null and void by subsections (1) and (2), or to pay any sum of money by way of commission, fee, reward or otherwise in respect of any such contract or of any services in relation thereto or in connection therewith, shall be null and void, and no action shall be brought or maintained to recover any such sum of money.


document_id: cla-1909
provision_ref: s5A
section: 5A
title: Abolition of tort of maintenance and champerty
content:
5A. —(1) It is declared that no person is, under the law of Singapore, liable in tort for any conduct on account of its being maintenance or champerty as known to the common law. [2/2017] (2) Subject to section 5B, the abolition of civil liability under the law of Singapore for maintenance and champerty does not affect any rule of that law as to the cases in which a contract is to be treated as contrary to public policy or otherwise illegal. [2/2017]


document_id: cla-1909
provision_ref: s5B
section: 5B
title: Validity of certain contracts for funding of claims
content:
5B. —(1) This section applies only in relation to prescribed dispute resolution proceedings. [2/2017] (2) A contract under which a qualifying Third‑Party Funder provides funds to any party for the purpose of funding all or part of the costs of that party in prescribed dispute resolution proceedings is not contrary to public policy or otherwise illegal by reason that it is a contract for maintenance or champerty. [2/2017] (3) Every qualifying Third‑Party Funder and funded party must, in relation to a third‑party funding contract, comply with and ensure that such requirements as may be prescribed under subsection (8) are complied with. [2/2017] (4) Where a Third‑Party Funder — ( a ) ceases to be a qualifying Third‑Party Funder; or ( b ) fails to comply with any prescribed requirement mentioned in subsection (3), the rights of the Third‑Party Funder under or arising out of the third‑party funding contract affected by or connected with the disqualification or non‑compliance are not enforceable by action or other legal proceedings, including arbitration proceedings. [2/2017] (5) A Third‑Party Funder may apply to the court or arbitral tribunal for relief against the disability imposed by subsection (4). [2/2017] (6) The court or arbitral tribunal, on being satisfied — ( a ) that the disqualification or non‑compliance was accidental or due to inadvertence or some other sufficient cause; or ( b ) that on other grounds it is just and equitable to grant relief, may grant such relief either generally, or as respects any third‑party funding contract, on such conditions (if any) as the court or arbitral tribunal may impose, including (but not limited to) a condition that the costs of the application be paid by the Third‑Party Funder. [2/2017] (7) Subsection (4) does not prejudice the rights of any other party as against the Third‑Party Funder in respect of a third‑party funding contract. [2/2017] (8) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this section, including — ( a ) prescribing the qualifications and other requirements that a Third‑Party Funder must satisfy or comply with to be a qualifying Third‑Party Funder; ( b ) prescribing the class or classes or description of dispute resolution proceedings to which this section applies; and ( c ) governing the provision and manner of third‑party funding including the requirements that the Third‑Party Funder and the funded party must comply with. [2/2017] (9) Any addition, deletion or other variation to the qualifications and other requirements of a Third‑Party Funder or the class or classes or description of dispute resolution proceedings prescribed under subsection (8) does not affect any contract which was entered into before the date of commencement of that addition, deletion or variation. [2/2017] (10) In this section, unless the context otherwise requires — “arbitral tribunal” or “court” means any arbitral tribunal or court before which proceedings to enforce a right referred to in subsection (4) are commenced or before which an issue relating to subsection (4) arises; “dispute resolution proceedings” means the entire process of resolving or attempting to resolve a dispute between 2 or more parties and includes any civil, mediation, conciliation, arbitration or insolvency proceedings; “funded party” means a party to dispute resolution proceedings who enters into an agreement with a Third‑Party Funder for the funding of all or part of the costs of the proceedings and includes a liquidator or judicial manager; “qualifying Third‑Party Funder” means a Third‑Party Funder who satisfies and continues to satisfy such qualifications and other requirements as may be prescribed; “Third‑Party Funder” means a person who carries on the business of funding all or part of the costs of dispute resolution proceedings to which the person is not a party; “third‑party funding contract” means a contract or agreement by a party or potential party to dispute resolution proceedings with a Third‑Party Funder for the funding of all or part of the costs of the proceedings in return for a share or other interest in the proceeds or potential proceeds of the proceedings to which the party or potential party may become entitled. [2/2017]


document_id: cla-1909
provision_ref: s6
section: 6
title: Contracts which must be evidenced in writing
content:
6. No action shall be brought against — ( a ) any executor or administrator upon any special promise to answer damages out of his own estate; ( b ) any defendant upon any special promise to answer for the debt, default or miscarriage of another person; ( c ) any person upon any agreement made upon consideration of marriage; ( d ) any person upon any contract for the sale or other disposition of immovable property, or any interest in such property; or ( e ) any person upon any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person lawfully authorised by him.


document_id: cla-1909
provision_ref: s7
section: 7
title: Trusts respecting immovable property and disposition of equitable interest
content:
7. —(1) A declaration of trust respecting any immovable property or any interest in such property must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will. (2) A disposition of an equitable interest or trust subsisting at the time of the disposition must be in writing signed by the person disposing of the same or by his agent lawfully authorised in writing or by will. (3) This section does not affect the creation or operation of resulting, implied or constructive trusts.


document_id: cla-1909
provision_ref: s8
section: 8
title: Abolition of rule in Bain v Fothergill
content:
8. The rule of law known as the rule in Bain v Fothergill is abolished in relation to contracts made on or after 1 January 1999.


document_id: cla-1909
provision_ref: s9
section: 9
title: Continuity of contracts on European Economic and Monetary Union
content:
9. —(1) It is declared for the avoidance of doubt that — ( a ) if a subject or medium of payment of a contract, agreement, deed, security or other instrument is a currency that has been substituted or replaced by the euro, the euro shall be a commercially reasonable substitute and substantial equivalent that may be — (i) used in determining the value of such currency; or (ii) tendered, in each case at the conversion rate specified in, and otherwise calculated in accordance with, the applicable regulations adopted by the Council of the EU; ( b ) if a subject or medium of payment of a contract, agreement, deed, security or instrument is the Ecu, the euro shall be a commercially reasonable substitute and substantial equivalent that may be — (i) used in determining the value of the Ecu; or (ii) tendered, in each case at the conversion rate specified in, and otherwise calculated in accordance with, the applicable regulations adopted by the Council of the EU. (2) It is declared for the avoidance of doubt that to the extent the performance of any of the obligations set out in subsection (1) may, apart from the introduction of the euro, be made in the currency or currencies originally designated in such contract, agreement, deed, security or other instrument, such performance may be made in such currency or currencies (so long as such currency or currencies remain legal tender) or in euro, but not in any other currency, whether or not such other currency — ( a ) has been substituted or replaced by the euro; or ( b ) is a currency that is considered a denomination of the euro and has a fixed conversion rate with respect to the euro. (3) It is declared for the avoidance of doubt that none of the following events shall have the effect of discharging or excusing performance under any contract, agreement, deed, security or instrument, or give a party the right to unilaterally alter or terminate any contract, agreement, deed, security or instrument: ( a ) the introduction of the euro; ( b ) the tendering of euros in connection with any obligation in compliance with paragraph ( a ) or ( b ) of subsection (1); ( c ) the determining of the value of any obligation in compliance with paragraph ( a ) or ( b ) of subsection (1); ( d ) the calculating or determining of the subject or medium of payment of a contract, agreement, deed, security or instrument with reference to interest rate or other basis that has been substituted or replaced due to the introduction of the euro and that is a reasonable substitute and substantial equivalent. (4) The provisions of this section shall be subject to any agreement between parties with specific reference to or agreement regarding the introduction of the euro. (5) Nothing in this section shall be construed so as to affect the validity or enforceability of any contract, agreement, deed, security or other instrument denominated in whole or in part in a currency affected by alteration in circumstances other than the introduction of the euro. (6) For the purposes of this section — ( a ) “euro” means the currency of participating member states of the EU that adopt a single currency in accordance with the treaty on EU signed on 7 February 1992; ( b ) “introduction of the euro” means the implementation from time to time of economic and monetary union in member states of the EU in accordance with the treaty on EU signed on 7 February 1992; ( c ) “EU” means the European Union; ( d ) “Ecu” or “European Currency Unit” means the currency basket that is from time to time used as the unit of account of the European Community as defined in European Council Regulation No. 3320/94; ( e ) when the euro first becomes the monetary unit of participating member states of the EU, references to the Ecu in a contract, agreement, deed, security or other instrument that also refers to such definition of the Ecu shall be replaced by references to the euro at a rate of one euro to one Ecu; and ( f ) references to the Ecu in a contract, agreement, deed, security or other instrument without such a definition of the Ecu shall be presumed, unless it is shown that the parties intended otherwise, to be references to the currency basket that is from time to time used as the unit of account of the European Community.


document_id: cla-1909
provision_ref: s10
section: 10
title: Effect of death on certain causes of action
content:
10. —(1) Subject to this section, on the death of any person, all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of his estate. (2) Subsection (1) shall not apply to causes of action for defamation or seduction or for inducing one spouse to leave or remain apart from the other or to any claim for damages on the ground of adultery. (3) Where a cause of action survives as specified under subsection (1) for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person — ( a ) shall not include — (i) any exemplary damages; and (ii) any damages for loss of income in respect of any period after that person’s death; ( b ) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry; ( c ) where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death except that a sum in respect of funeral expenses may be included. (4) Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this section, to have been subsisting against him before his death such cause of action in respect of that act or omission as would have subsisted if he had died after the damage was suffered. (5) The rights conferred by this section for the benefit of the estates of deceased persons shall be in addition to and not in derogation of any rights conferred on the dependants of deceased persons by section 20 and so much of this section as relates to causes of action against the estates of deceased persons shall apply in relation to causes of action under that section as applies in relation to other causes of action not expressly excepted from the operation of subsection (1). (6) In the event of the insolvency of an estate against which proceedings are maintainable by virtue of this section, any liability in respect of the cause of action in respect of which the proceedings are maintainable shall be deemed to be a debt provable in the administration of the estate, notwithstanding that it is a demand in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust.


document_id: cla-1909
provision_ref: s11
section: 11
title: Abolition of right to damages for loss of expectation of life
content:
11. —(1) In any action for damages for personal injuries, no damages shall be recoverable in respect of any loss of expectation of life caused to the injured person by the injuries, except that if the injured person’s expectation of life has been reduced by the injuries, the court, in assessing damages in respect of pain and suffering caused by the injuries, shall take into account any suffering caused or likely to be caused to him by awareness that his expectation of life has been so reduced. (2) In subsection (1), any reference to damages in respect of loss of expectation of life does not include damages in respect of loss of income.


document_id: cla-1909
provision_ref: s12
section: 12
title: Power of courts of record to award interest on debts and damages
content:
12. —(1) In any proceedings tried in any court of record for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment. (2) Nothing in this section — ( a ) shall authorise the giving of interest upon interest; ( b ) shall apply in relation to any debt upon which interest is payable as of right whether by virtue of any agreement or otherwise; or ( c ) shall affect the damages recoverable for the dishonour of a bill of exchange.


document_id: cla-1909
provision_ref: s13
section: 13
title: Charges and mortgages over choses in action
content:
13. For the avoidance of doubt, it is hereby declared that a person (the first person) is able to create, and always has been able to create, in favour of another person (the second person) a legal or equitable charge or mortgage over all or any of the first person’s interest in a chose in action enforceable by the first person against the second person, and any charge or mortgage so created shall operate neither to merge the interest thereby created with, nor to extinguish or release, that chose in action.


document_id: cla-1909
provision_ref: s14
section: 14
title: Abolition of husband’s liability for wife’s torts and antenuptial contracts, debts and obligations
content:
14. —(1) Subject to this section, the husband of a married woman shall not, by reason only of his being her husband, be liable — ( a ) in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or ( b ) to be sued or made a party to any legal proceedings brought in respect of any such tort, contract, debt or obligation. (2) For the avoidance of doubt, it is hereby declared that nothing in this section — ( a ) renders the husband of a married woman liable in respect of any contract entered into, or debt or obligation incurred, by her after the marriage in respect of which he would not have been liable if this section had not been enacted; ( b ) exempts the husband of a married woman from liability in respect of any contract entered into, or debt or obligation (not being a debt or obligation arising out of the commission of a tort) incurred, by her after the marriage in respect of which he would have been liable if this section had not been enacted; ( c ) prevents a husband and wife from acquiring, holding and disposing of, any property jointly or as tenants in common, or from rendering themselves or being rendered jointly liable in respect of any tort, contract, debt or obligation, and of suing and being sued either in tort or in contract or otherwise, in the like manner as if they were not married; ( d ) prevents the exercise of any joint power given to a husband and wife.


document_id: cla-1909
provision_ref: s15
section: 15
title: Entitlement to contribution
content:
15. —(1) Subject to subsections (2) to (5), any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise). (2) A person shall be entitled to recover contribution by virtue of subsection (1) notwithstanding that he has ceased to be liable in respect of the damage in question since the time when the damage occurred, provided that he was so liable immediately before he made or was ordered or agreed to make the payment in respect of which the contribution is sought. (3) A person shall be liable to make contribution by virtue of subsection (1) notwithstanding that he has ceased to be liable in respect of the damage in question since the time when the damage occurred, unless he ceased to be liable by virtue of the expiry of a period of limitation or prescriptions which extinguished the right on which the claim against him in respect of the damage was based. (4) A person who has made or agreed to make any payment in bona fide settlement or compromise of any claim made against him in respect of any damage (including a payment into court which has been accepted) shall be entitled to recover contribution in accordance with this section without regard to whether or not he himself is or ever was liable in respect of the damage, provided, however, that he would have been liable assuming that the factual basis of the claim against him could be established. (5) A judgment given in any action brought in Singapore by or on behalf of the person who suffered the damage in question against any person from whom contribution is sought under this section shall be conclusive in the proceedings for contribution in favour of the person from whom the contribution is sought, provided that the judgment in his favour rested on a determination of the merits of the claim against him in respect of the damage. (6) References in this section to a person’s liability in respect of any damage are references to any such liability which has been or could be established in an action brought against him in Singapore by or on behalf of the person who suffered the damage; but it is immaterial whether any issues arising in any such action was or would be determined (in accordance with the rules of private international law) by reference to the law of a country outside Singapore.


document_id: cla-1909
provision_ref: s16
section: 16
title: Assessment of contribution
content:
16. —(1) Subject to subsection (3), in any proceedings for contribution under section 15, the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person’s responsibility for the damage in question. (2) Subject to subsection (3), the court shall have power in any such proceedings to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity. (3) Where the amount of the damages which have or might have been awarded in respect of the damage in question in any action brought in Singapore by or on behalf of the person who suffered it against the person from whom the contribution is sought was or would have been subject to — ( a ) any limit imposed by or under any written law or by any agreement made before the damage occurred; ( b ) any reduction by virtue of section 3 of the Contributory Negligence and Personal Injuries Act 1953; or ( c ) any corresponding limit or reduction under the law of a country outside Singapore, the person from whom the contribution is sought shall not, by virtue of any contribution awarded under section 15, be required to pay in respect of the damage a greater amount than the amount of those damages as so limited or reduced.


document_id: cla-1909
provision_ref: s17
section: 17
title: Proceedings against persons jointly liable for same debt or damage
content:
17. Judgment recovered against any person liable in respect of any debt or damage shall not be a bar to an action, or to the continuance of an action, against any other person who is (apart from any such bar) jointly liable with him in respect of the same debt or damage.


document_id: cla-1909
provision_ref: s18
section: 18
title: Successive actions against liability (jointly or otherwise) for same damage
content:
18. If more than one action is brought in respect of any damage by or on behalf of the person by whom it was suffered against persons liable in respect of the damage (whether jointly or otherwise) the claimant shall not be entitled to costs in any of those actions, other than that in which judgment is first given, unless the court is of the opinion that there was reasonable ground for bringing the action. [Act 25 of 2021 wef 01/04/2022]


document_id: cla-1909
provision_ref: s19
section: 19
title: Interpretation and application of sections 15, 16, 17 and 18
content:
19. —(1) A person is liable in respect of any damage for the purposes of sections 15, 16, 17 and 18 if the person who suffered it (or anyone representing his estate or dependants) is entitled to recover compensation from him in respect of that damage (whatever the legal basis of this liability), whether tort, breach of contract, breach of trust or otherwise). (2) References in sections 15, 16, 17 and 18 to an action brought by or on behalf of the person who suffered any damage include references to an action brought for the benefit of his estate or dependants. (3) For the purposes of sections 15, 16, 17 and 18 — ( a ) “dependants” has the same meaning as in section 20; and ( b ) except in section 15(5), “action” means an action brought in Singapore. (4) Nothing in sections 15, 16, 17 and 18 shall affect any case where the debt in question became due or, as the case may be, the damage in question occurred before 1 January 1999. (5) A person shall not be entitled to recover contribution or be liable to make contribution in accordance with section 15 by reference to any liability based on breach of any obligation assumed by him before 1 January 1999. (6) The right to recover contribution in accordance with section 15 supersedes any right, other than an express contractual right, to recover contribution (as distinct from indemnity) otherwise than under sections 15, 16, 17 and 18 in corresponding circumstances; but nothing in sections 15, 16, 17 and 18 shall affect — ( a ) any express or implied contractual or other right to indemnity; or ( b ) any express contractual provision regulating or excluding contribution, which would be enforceable apart from sections 15, 16, 17 and 18 (or render enforceable any agreement for indemnity or contribution which would not be enforceable apart from sections 15, 16, 17 and 18).


document_id: cla-1909
provision_ref: s20
section: 20
title: Right of action for wrongful act causing death
content:
20. —(1) If death is caused by any wrongful act, neglect or default which is such as would (if death has not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured. (2) Subject to section 21(2), every such action shall be for the benefit of the dependants of the person (referred to in this section and in sections 21 and 22 as the deceased) whose death has been so caused. (3) Every action brought under this section shall be brought by and in the name of the executor or administrator of the deceased. (4) If — ( a ) there is no executor or administrator of the deceased; or ( b ) no action is brought within 6 months after the death by and in the name of an executor or administrator of the deceased, the action may be brought by and in the name of all or any of the persons for whose benefit an executor or administrator could have brought it. (5) Not more than one action shall lie for or in respect of the same subject matter of complaint and every such action shall be brought within 3 years after the death of such deceased person. (6) The claimant in every such action brought under this section shall be required to deliver to the defendant or his solicitor full particulars of the persons for whom and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered. [Act 25 of 2021 wef 01/04/2022] (7) In any action brought under this section, the executor of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum when recovered shall be deemed part of the assets of the estate of the deceased. (8) In this section, “dependant” means — ( a ) the wife or husband or former wife of the deceased; ( b ) any parent, grandparent or great-grandparent of the deceased; ( c ) any child, grandchild or great-grandchild of the deceased; ( d ) any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage; and ( e ) any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased. [7/2009] (9) In deducing any relationship for the purposes of subsection (8) — ( a ) an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and ( b ) subject to paragraph ( a ), any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the stepchild of any person as his child and an illegitimate person shall be treated as the legitimate child of his mother and reputed father. (10) In subsection (9)( a ), “adopted” means adopted in pursuance of an adoption order made under the Adoption of Children Act 2022 or any corresponding previous written law or of any adoption recognised as valid by the law of Singapore. [Act 20 of 2022 wef 15/10/2024] (11) Any reference in this section to injury includes any disease and any impairment of a person’s physical or mental condition.


document_id: cla-1909
provision_ref: s21
section: 21
title: Bereavement
content:
21. —(1) An action under section 20 may consist of or include a claim for damages for bereavement. (2) A claim for damages for bereavement shall only be for the benefit of such of the following persons as survive the deceased: ( a ) the wife or husband of the deceased; ( b ) where there is no spouse by or for whom a claim can be made under paragraph ( a ), the children of the deceased; ( c ) where there is no person by or for whom a claim can be made under paragraph ( a ) or ( b ), the parents of the deceased or, if the deceased was illegitimate, his mother; ( d ) where there is no person by or for whom a claim can be made under paragraph ( a ), ( b ) or ( c ), but the deceased was at the date of his death a minor, any person who during any marriage to which that person was a party treated the deceased as a child of the family in relation to that marriage; ( e ) where there is no other person by or for whom a claim can be made under this subsection, any brother or sister of the deceased. (3) The right of a person to claim under this section for damages for bereavement shall not survive for the benefit of his estate. (4) Subject to subsection (6), the sum to be awarded as damages under this section shall be $15,000. [7/2009] (5) Where there is a claim for damages under this section for the benefit of 2 or more persons, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant). (6) The Minister may, by order published in the Gazette , substitute the sum specified in subsection (4) with such other sum as he thinks fit. [7/2009]


document_id: cla-1909
provision_ref: s22
section: 22
title: Assessment of damages
content:
22. —(1) In every action brought under section 20, the court may award such damages as are proportioned to the losses resulting from the death to the dependants respectively except that in assessing the damages there shall not be taken into account — ( a ) any sum paid or payable on the death of the deceased under any contract of assurance or insurance; ( b ) any sum payable as a result of the death under the Central Provident Fund Act 1953; or ( c ) any pension or gratuity which has been or will or may be paid as a result of the death. (1A) In assessing the damages under subsection (1), the court shall take into account any moneys or other benefits which the deceased would be likely to have given to the dependants by way of maintenance, gift, bequest or devise or which the dependants would likely to have received by way of succession from the deceased had the deceased lived beyond the date of the wrongful death. [7/2009] (2) Where damages are awarded under subsection (1), any costs not recovered from the defendant shall be deducted from those damages and thereafter those damages shall be divided among the dependants in such proportions as has been decided under that subsection. (3) In an action brought under section 20 where there fall to be assessed damages payable to a widow in respect of the death of her husband, there shall not be taken into account the remarriage of the widow or her prospect of remarriage. (3A) In an action brought under section 20, the damages payable to a former wife of the deceased shall only be in respect of a subsisting maintenance order against the deceased at the time of his death. [7/2009] (4) If the dependants have incurred funeral expenses in respect of the deceased, damages may be awarded in respect of those expenses. (5) Money paid into court in satisfaction of a cause of action under this Act may be in one sum without specifying any person’s share.


document_id: cla-1909
provision_ref: s23
section: 23
title:
Appointments to be valid notwithstanding one or more objects excluded, or only take an unsubstantial share

content:
23. —(1) Where by any deed, will or other instrument a power is given to appoint movable or immovable property amongst several objects in such manner that no one of the objects of the power can be excluded, or some one or more of the objects of the power cannot be excluded by the donee of the power from a share of that property, but without requiring a substantial share of that property to be given to each object of the power or to each object of the power who cannot be excluded, no appointment, which has been or is after 23 July 1909 made in exercise of any such power or authority, shall be invalid on the ground that an unsubstantial, illusory or nominal share only is thereby appointed, or left unappointed to devolve upon any one or more of the objects of the power or on the ground that any object of that power has been altogether excluded. (2) Every such appointment shall be valid and effectual notwithstanding that any one or more of the objects does or do not thereunder, or in default thereof, take more than an unsubstantial, illusory or nominal share, and notwithstanding that any one or more of the objects does or do not thereunder, or in default thereof, take a share or shares of the said property. Not to affect any deed which declares the amount of the share (3) Nothing in this section shall prejudice or affect any provision in any deed, will or other instrument creating any such power as aforesaid, which declares the amount of the share or shares from which no object of the power shall be excluded. Not to give any other force to any appointment than the same would have had (4) Nothing in this section shall be construed, deemed or taken to give any other validity, force or effect to any appointment than such appointment would have had if a substantial share of the property affected by the power had been thereby appointed, or left unappointed.


document_id: cla-1909
provision_ref: s24
section: 24
title: Executor deemed to be trustee for person entitled to residue on intestacy
content:
24. When any person dies or has died, having by his will appointed any person to be his executor, such executor shall be deemed to be a trustee for the person, if any, who would be entitled to the estate in case the person died intestate in respect of any residue not expressly disposed of, unless it appears by the will that the person so appointed executor was intended to take such residue beneficially.


document_id: cla-1909
provision_ref: s25
section: 25
title: Executor of executor represents original testator
content:
25. —(1) An executor of a sole or last surviving executor of a testator is the executor of that testator. (2) Subsection (1) shall not apply to an executor who does not prove the will of his testator and, in the case of an executor who on his death leaves surviving him some other executor of his testator who afterwards proves the will of that testator, it shall cease to apply on such probate being granted. (3) So long as the chain of such representation is unbroken, the last executor in the chain is the executor of every preceding testator. (4) The chain of such representation is broken by — ( a ) an intestacy; ( b ) the failure of a testator to appoint an executor; or ( c ) the failure to obtain a probate of a will, but is not broken by a temporary grant of administration if probate is subsequently granted. (5) Every person in the chain of representation to a testator — ( a ) has the same rights in respect of the estate of that testator as the original executor would have had if living; and ( b ) is, to the extent to which the estate of that testator has come to his hands, answerable as if he were an original executor.


document_id: cla-1909
provision_ref: s26
section: 26
title: Devisee of land not to claim payment of mortgage debt out of movable property
content:
26. —(1) If any person dies or has died seised of or entitled to any estate or interest in any immovable property, which is at the time of his death charged with the payment of any sum or sums of money by way of mortgage, and such person has not by his will or deed or other document signified any contrary or other intention, the devisee to whom such immovable property is devised shall not be entitled to have the mortgage debt discharged or satisfied out of the movable property or any other immovable property of that person. (2) The immovable property so charged shall as between the different persons claiming through or under the deceased person be primarily liable to the payment of all mortgage debts with which the same is charged, every part thereof according to its value bearing a proportionate part of the mortgage debts charged on the whole thereof. (3) In the construction of the will of any person, a general direction that the debts of the testator shall be paid out of his personal estate shall not be deemed to be a declaration of an intention contrary to or other than the rule contained in this section unless such contrary or other intention is further declared by words expressly or by necessary implication referring to all or some of the testator’s debts or debt charged by way of mortgage on any part of his immovable estate. (4) In this section, “mortgage” shall be deemed to extend to any lien for unpaid purchase‑money upon any immovable property purchased by a testator. (5) Nothing in this section shall affect or diminish any right of the mortgagee of such immovable property to obtain full payment or satisfaction of his mortgage debt, either out of the estate of the person so dying as aforesaid or otherwise.


document_id: cla-1909
provision_ref: s27
section: 27
title: Bona vacantia, etc.
content:
27. —(1) This section applies — ( a ) where a right to the estate of any person who dies (whether before, on or after 15 February 2013) intestate without next‑of‑kin has accrued to the Government; or ( b ) where a right to the property of any person who dies (whether before, on or after 15 February 2013) has accrued to the Government as a result of disposal under such written law as the Minister may, by order published in the Gazette , prescribe for the purposes of this section. [27/2012] (2) Where a right to any estate or property upon the death of a person as mentioned in subsection (1) has accrued to the Government, such estate, property or part thereof that is not land, or where such estate or property or part thereof is land and that land is sold, its proceeds, shall form part of the Consolidated Fund. [27/2012] (3) If it appears to the Minister that a right to any estate or property upon the death of a person as mentioned in subsection (1) has accrued to the Government, it shall be lawful for the Minister, upon application being made to him or if he considers it reasonable to do so, by warrant under his hand — ( a ) to disclaim and release in whole or in part that right to such estate or property in favour of such person or persons who establish to the satisfaction of the Minister any equitable or moral claim thereto; and ( b ) to authorise or order the giving, conveyance, transfer, grant or payment, out of the whole or any part of such estate or property or (if sold) its proceeds, in such share, proportion and manner and upon such terms and conditions as the Minister thinks appropriate (whether or not including the payment of moneys) to that person or those persons, as the case may be. [27/2012] (4) Upon a right of the Government being disclaimed and released by warrant under subsection (3), the following provisions shall apply: ( a ) any moneys specified in any such warrant shall, if forming part of the Consolidated Fund, be charged on and paid out of the Consolidated Fund without further authority other than this section; ( b ) any other movable property specified in the warrant that is the subject of the disclaimer and release shall vest, by virtue of that warrant and without any conveyance, assignment or further assurance, in the person or persons in favour of whom the disclaimer and release is made in such share, proportion and manner as are specified in the warrant; and ( c ) any warrant ordering the grant or lease of any State land or interest therein shall have the effect of authorising a grant or lease of the land under the State Lands Act 1920 to the person or persons in favour of whom the disclaimer and release is made in such share, proportion and manner as are specified in the warrant. [27/2012] (5) For the avoidance of doubt, a disclaimer and release by warrant under subsection (3) may be made without actual entry into or taking of possession of the estate or property in question being first made by the Government. [27/2012] (6) Nothing in this section shall affect the disposal of any property according to Muslim law. [27/2012]


document_id: cla-1909
provision_ref: s28
section: 28
title: No person chargeable with rent bona fide paid to holder under defective title
content:
28. —(1) No person shall be chargeable with any rents or profits of any immovable property which he has bona fide paid over to any person of whom he bona fide held the rents or profits notwithstanding it afterwards appears that the person to whom such payment was made had no right to receive the rents or profits. Improvements made by bona fide holders (2) If any person erects any building or makes an improvement upon any lands held by him bona fide in the belief that he had an estate in fee simple or other absolute estate, and that person, his executor or assign, or his under‑tenant is evicted from such lands by any person having a better title, the person who erected the building or made the improvement, his executor or assign, shall be entitled — ( a ) to have the value of the building or improvement so erected or made during such holding and in such belief estimated and paid or secured to him; or ( b ) at the option of the person causing the eviction, to purchase the interest of such person in the lands at the value thereof irrespective of the value of the building or improvement. Proviso (3) The amount to be paid or secured in respect of such building or improvement shall be the estimated value of the building and improvement at the time of such eviction. Double rent or double value on holding over by tenant (4) Every tenant holding over after the determination of his tenancy shall be chargeable, at the option of his landlord, with double the amount of his rent until possession is given up by him or with double the value during the period of detention of the land or premises so detained, whether notice to that effect has been given or not. Subtenant to give notice (5) When any originating claim issued by a landlord against a tenant for the recovery of immovable property is served on or comes to the knowledge of any subtenant of the claimant’s immediate tenant, the subtenant being an occupier of the whole or any part of the premises sought to be recovered, he shall forthwith give notice thereof to his immediate landlord, under penalty of forfeiting 3 years’ rack rent of the premises held by the subtenant to the person of whom he holds, to be recovered by such person by action in any court having jurisdiction. [Act 25 of 2021 wef 01/04/2022]


document_id: cla-1909
provision_ref: s29
section: 29
title: Rules to apply to State Courts
content:
29. The rules of law enacted in this Act and declared shall with the necessary modifications be, and shall, so far as they were already in force in Singapore, be deemed to have been, in force in the State Courts so far as the matters to which such rules relate are respectively cognizable by such courts. [5/2014]


document_id: cla-1909
provision_ref: s30
section: 30
title: Presumption of survivorship in regard to claim to property
content:
30. In all cases where 2 or more persons die in circumstances rendering it uncertain which of them survived the other or others, such deaths shall (subject to any order of the court) for all purposes affecting the title to property be presumed to have occurred in order of seniority and accordingly the younger shall be deemed to have survived the elder.


document_id: cla-1909
provision_ref: s31
section: 31
title: Accumulation of income
content:
31. —(1) Income arising from a settlement or disposition of property made on or after 15 December 2004 may, subject to the terms of the settlement or disposition to the contrary, be accumulated for the duration of the settlement or disposition. [45/2004] (2) Except as otherwise provided in subsection (4), income arising from a settlement or disposition of property made before 15 December 2004 shall not be wholly or partially accumulated for any longer period than one of the following, namely: ( a ) the life of the grantor or settlor; ( b ) a term of 21 years from the death of the grantor, settlor or testator; ( c ) the duration of the minority or respective minorities of any person or persons living or en ventre sa mere at the death of the grantor, settlor or testator; ( d ) the duration of the minority or respective minorities only of any person or persons who under the limitations of the instrument directing the accumulations would, for the time being, if of full age, be entitled to the income directed to be accumulated; ( e ) a term of 21 years from the date of the making of the disposition; or ( f ) the duration of the minority or respective minorities of any person or persons in being at the date of the making of the disposition. [45/2004] (3) In every case where any accumulation is directed otherwise than in accordance with subsection (2), the direction shall, except as otherwise provided in subsection (4), be void, and the income of the property directed to be accumulated shall, so long as the same is directed to be accumulated contrary to this section, go to and be received by the person or persons who would have been entitled thereto if such accumulation had not been directed. [45/2004] (4) Subsections (2) and (3) do not extend to any provision — ( a ) for payment of the debts of any grantor, settlor, testator or other person; or ( b ) for raising portions for — (i) any child, children or remoter issue of any grantor, settlor or testator; or (ii) any child, children or remoter issue of a person taking any interest under any settlement or other disposition directing the accumulations or to whom any interest is thereby limited, and accordingly such provisions may be made as if no statutory restrictions on accumulation of income had been imposed. [45/2004]


document_id: cla-1909
provision_ref: s32
section: 32
title: Fixed perpetuity period of 100 years
content:
32. —(1) In the rule against perpetuities as is applicable to any settlement or disposition of property, the perpetuity period shall be 100 years or such shorter period as may be specified in the instrument by which the settlement or disposition is made. [45/2004] (2) Where any instrument making any settlement or disposition of property refers to lives in being or specifies a perpetuity period that exceeds 100 years, the perpetuity period shall be deemed to be a period of 100 years. [45/2004] (3) This section shall apply in relation to — ( a ) any instrument made in the exercise of a special power of appointment where the instrument creating the special power of appointment takes effect on or after 15 December 2004; and ( b ) any other instrument taking effect on or after 15 December 2004. [45/2004]


document_id: cla-1909
provision_ref: s33
section: 33
title: Powers of appointment
content:
33. —(1) For the purposes of section 32, a power of appointment shall be treated as a special power unless — ( a ) in the instrument creating the power it is expressed to be exercisable by one person only; and ( b ) it could, at all times during its currency when that person is of full age and capacity, be exercised by him so as immediately to transfer to himself the whole of the interest governed by the power without the consent of any other person or compliance with any other condition, not being a formal condition relating only to the mode of exercise of the power. [45/2004] (2) For the purpose of determining whether a disposition made under a power of appointment exercisable by will only is void for remoteness, the power shall be treated as a general power where it would have fallen to be so treated if exercisable by deed. [45/2004]


document_id: cla-1909
provision_ref: s34
section: 34
title: Necessity to wait and see
content:
34. —(1) Where, apart from the provisions of this section, a disposition would be invalid as infringing the rule against perpetuities, the disposition shall be treated, until such time (if any) as it becomes certain that the vesting will occur, if at all, after the end of the perpetuity period, as if the disposition were not invalid as infringing the rule against perpetuities, and its becoming so certain shall not affect the validity of anything previously done in relation to the interest disposed of by way of advancement, application of intermediate income, or otherwise. [45/2004] (2) Where, apart from the provisions of this section, a disposition consisting of the conferring of a general power of appointment would be invalid as infringing the rule against perpetuities, the disposition shall be treated, until such time (if any) as it becomes certain that the power will not be exercisable within the perpetuity period, as if the disposition were not invalid as infringing the rule against perpetuities. [45/2004] (3) Where, apart from the provisions of this section, a disposition consisting of the conferring of any power, option, or other right would be invalid as infringing the rule against perpetuities, the disposition shall be treated as regards any exercise of the right within the perpetuity period as if it were not so invalid and, subject to the provisions of this section, shall be treated as invalid as infringing the rule against perpetuities only if and so far as the right is not fully exercised within that period. [45/2004] (4) This section shall apply only in relation to dispositions made on or after 15 December 2004. [45/2004]


document_id: cla-1909
provision_ref: s35
section: 35
title: Contracts of minors who have attained 18 years of age
content:
35. —(1) Except as otherwise provided by this section or by any other written law, as from 1 March 2009, a contract entered into by a minor who has attained the age of 18 years shall have effect as if he were of full age. [7/2009] (2) Where a minor has, on 1 March 2009, already attained the age of 18 years, subsection (1) shall apply to him and to contracts entered into by him on and after that day. [7/2009] (3) Subsection (1) shall not affect or alter — ( a ) a minor’s lack of capacity to enter into contracts arising from reasons other than because of his age; or ( b ) the application of any provision in any other written law stipulating a requirement as to the attainment of a particular age for the purposes of that written law. [7/2009] (4) The following contracts, if entered into by a minor who has attained the age of 18 years, shall not, by virtue of subsection (1), have effect as if he were of full age: ( a ) any contract for the sale, purchase, mortgage, assignment or settlement of any land, other than a contract for a lease of land not exceeding 3 years; ( b ) any contract for a lease of land for more than 3 years; ( c ) any contract whereby the minor’s beneficial interest under a trust is sold or otherwise transferred to another person, or pledged as a collateral for any purpose; ( d ) any contract for the settlement of — (i) any legal proceedings or action in respect of which the minor is, pursuant to any written law, considered to be a person under disability on account of his age; or (ii) any claim from which any such legal proceedings or action may arise. [7/2009] (5) Subsection (1) does not entitle — ( a ) a trustee to pay money or deliver property to a minor who has attained the age of 18 years otherwise than in accordance with the terms of the trust; or ( b ) a minor who has attained the age of 18 years to enter into a contract whereby a trust is extinguished or the terms of a trust are varied, and any such contract entered into by the minor shall not, by virtue of that subsection, have effect as if the minor were of full age. [7/2009] (6) Nothing in this section shall apply to or affect any contract that was made before 1 March 2009, and the law in force immediately before that day shall continue to apply in relation to such a contract as if this section had not been enacted. [7/2009] (7) Nothing in this section shall limit or affect the rule of law whereby a minor is not liable in tort for procuring a contract by means of fraudulent representations as to his own age or any other matter. [7/2009]


document_id: cla-1909
provision_ref: s36
section: 36
title: Legal proceedings and actions by minors who have attained 18 years of age
content:
36. —(1) Notwithstanding any other written law, a minor who has attained the age of 18 years and who is not otherwise under any legal disability — ( a ) may, in his own name and without a litigation representative, bring, defend, conduct or intervene in any legal proceeding or action specified in the Schedule as if he were of full age; and ( b ) shall not be considered to be a person under disability on account of his age for the purpose of any such legal proceeding or action or for the purpose of any written law regulating the limitation of actions. [7/2009] (2) The Minister may, at any time, by order published in the Gazette , amend the Schedule. [7/2009]


document_id: cla-1909
provision_ref: s37
section: 37
title: Standard of care for medical advice
content:
37. —(1) A healthcare professional meets the standard of care in relation to the provision of medical advice to a patient if — ( a ) subject to subsection (2), the manner in which the healthcare professional acts in the matter (at the time the medical advice is provided) is accepted by a respectable body of medical opinion (called in this section the peer professional opinion) as reasonable professional practice in the circumstances; and ( b ) the peer professional opinion is logical. (2) In order for the peer professional opinion mentioned in subsection (1) to be relied on for the purposes of that subsection, the peer professional opinion must — ( a ) require the healthcare professional to have given (or caused to be given) to the patient — (i) information that a person in the same circumstances as the patient (which circumstances the healthcare professional knows or ought reasonably to know) would reasonably require to make an informed decision about whether to undergo a treatment or follow a medical advice; and (ii) information that the healthcare professional knows or ought reasonably to know (in accordance with subsection (3)) is material to the patient for the purpose of making an informed decision about whether to undergo the treatment or follow the medical advice; and Explanation. — Sub-paragraph (ii) refers to information which a person in the same circumstances as the patient would not reasonably require to make an informed decision (about whether to undergo a treatment or follow a medical advice), but which is important to the patient, for the patient’s own reason (including an idiosyncratic reason), for the purpose of making an informed decision. ( b ) support the non-provision of any information mentioned in paragraph ( a )(i) or (ii) to the patient only where there is reasonable justification for that. Illustrations ( a ) A (a doctor) decides to perform an emergency life-saving surgery on B (a patient), who is unconscious, to create a temporary airway for B . Without this surgery, B will not be able to breathe and will die. At the material time, there is no person present with legal capacity to make medical decisions on behalf of B , and insufficient time to locate or appoint such a person. A has reasonable justification for not providing information about the surgery to B , or any person with legal capacity to make medical decisions on behalf of B , before performing the surgery. ( b ) B (a patient) seeks treatment for breast cancer from A (a doctor) and informs A that B would like to proceed with a lumpectomy. B also informs that B had earlier consulted 2 other breast cancer specialists who had advised B of the other treatment options (including their benefits and risks) available to B , and expressly tells A that B does not want to be given this information again. A is satisfied that B appreciates the seriousness of B ’s decision to waive B ’s right to hear such information. A has reasonable justification for not providing such information to B . ( c ) A (a doctor) is of the view that it is in the best interests of B (a patient) to undergo a procedure and that informing B about the risks of the procedure would dissuade B from undergoing it. This, by itself, does not give A reasonable justification for not informing B about the risks. (3) In subsection (2)( a )(ii), an assessment as to whether any information is material to the patient for the purpose of making an informed decision about whether to undergo a treatment or follow a medical advice must be based on any specific concern or query the patient has in relation to the treatment or medical advice — ( a ) which the patient expressly communicates to the healthcare professional; or Illustration B (a patient) asks A ( B ’s doctor) about the risks of influenza vaccination. B expresses a concern to A about side effects of weakness or paralysis after being administered the influenza vaccine (which alludes to the Guillain-Barr&#233; syndrome). B is not a high-risk patient for developing Guillain-Barr&#233; syndrome from influenza vaccination, and doctors would not ordinarily advise a patient in B ’s circumstances about Guillain-Barr&#233; syndrome as it is a very rare side effect of the influenza vaccine. However, since B has expressly communicated such a concern to A , information on the risks of Guillain-Barr&#233; syndrome is material to B for the purpose of B making an informed decision about whether to receive influenza vaccination. ( b ) which the patient does not expressly communicate to the healthcare professional but which ought to be apparent to the healthcare professional from the patient’s medical records that the healthcare professional has reasonable access to and ought reasonably to review. Illustration Slightly dry skin at the surgery site is a rare but possible consequence of knee replacement surgery. The general medical opinion is that a patient would not reasonably require information about the possibility of dry skin at the surgery site in order to make an informed decision as to whether to undergo knee replacement surgery. B (a patient) consults A (a doctor) on knee replacement surgery. B has an unusual concern that B ’s skin should not become dry, but does not expressly communicate this concern to A . A year earlier, B had consulted C (another doctor working in the same hospital as A ) on knee replacement surgery but did not proceed with it. B ’s medical records containing notes of B ’s consultation with C show that B had repeatedly asked C about dry skin and stated that B did not want the skin on B ’s knee to feel dry after such surgery. Therefore, it ought to be apparent to A from such medical records of B that information about dry skin being a possible consequence of knee replacement surgery is material to B for the purpose of B making an informed decision about whether to undergo the surgery. (4) The fact that there are differing professional opinions held by other respected healthcare professionals does not, by itself, prevent the peer professional opinion mentioned in subsection (1) from being relied on for the purpose of that subsection. (5) For the purposes of subsection (1)( b ), a peer professional opinion is logical where — ( a ) the body of healthcare professionals holding the opinion has directed its mind to the comparative risks and benefits relating to the matter; and ( b ) the opinion is internally consistent and does not contradict proven extrinsic facts relevant to the matter. (6) A reference in this section to a patient includes, in the case where the patient is under a legal disability, a reference to a person with the responsibility for making a decision for the patient having regard to medical advice. (7) In this section, “healthcare professional” means an individual who practises a profession that provides medical advice, and includes — ( a ) a medical practitioner registered (or deemed to be registered) under the Medical Registration Act 1997 * ; and ( b ) a dentist registered (or deemed to be registered), and an oral health therapist registered, under the Dental Registration Act 1999 † . [*Updated to be consistent with the 2020 Revised Edition] [Act 36 of 2020 wef 01/07/2022] [†Updated to be consistent with the 2022 Revised Edition]


document_id: clga-1970
provision_ref: s2
chapter: PART 1 - CIVIL LIST
section: 2
title: Civil list of President
content:
2. —(1) There shall be paid for the civil list of the President so long as he holds office the yearly sums specified in the Schedule. (2) Payments in respect of the amounts for the privy purse and entertainment allowance specified in Class 1 of the Schedule shall be made to the President. (3) Payments of the acting President’s allowance specified in Class 1 of the Schedule shall be made to the person exercising the functions of the office of President pursuant to Article 22N or 22O of the Constitution. (4) Payments in respect of the amounts specified in Classes 2, 3 and 4 of the Schedule shall be made by or on the instructions of the Private Secretary to the President in accordance with any written law governing the disbursement of public funds. (5) No payment in respect of the amounts specified in Class 1 of the Schedule shall be made in respect of any period during which the office of the President is vacant.


document_id: clga-1970
provision_ref: s3
chapter: PART 1 - CIVIL LIST
section: 3
title: Charge on Consolidated Fund
content:
3. The sums required for payments under section 2 shall be charged on and paid out of the Consolidated Fund.


document_id: clga-1970
provision_ref: s4
chapter: PART 1 - CIVIL LIST
section: 4
title: Payment
content:
4. The yearly sums payable under Class 1 of the Schedule shall — ( a ) accrue from day to day; and ( b ) be payable monthly on the last day of each month or on such other day as the Minister may from time to time determine.


document_id: clga-1970
provision_ref: s5
chapter: PART 1 - CIVIL LIST
section: 5
title: Appropriation
content:
5. —(1) In the application of the sums paid in respect of any year under section 2, the amounts specified in the Schedule shall be appropriated to the classes of expenditure specified therein respectively in that year. (2) If it appears that the sum appropriated to any class of expenditure in any year will not be wholly required for the expenditure of that class in that year, the amount not so required may, with the approval of the Minister, be applied as an addition to the sum available for any other class. (3) The sums to be expended by or on the instructions of the Private Secretary to the President in respect of Classes 2, 3 and 4 of the Schedule for any year shall be expended in that year by the Private Secretary to the President in conformity with the detailed estimates for that year submitted by him to, and approved by, the Minister.


document_id: clga-1970
provision_ref: s6
chapter: PART 1 - CIVIL LIST
section: 6
title: Change of holder of office
content:
6. In the event of there being a change of holder of the office of President, there shall be made such adjustments and distribution of the annual payment due under section 2 in respect of the amounts specified for Class 1 of the Schedule as the circumstances of the case may require.


document_id: clga-1970
provision_ref: s10
chapter: PART 2 - GRATUITY
section: 10
title: Gratuity on death
content:
10. Where, after 1 July 1970, the President or a former President dies, there may be paid to his dependants or, if there are no dependants, to his legal personal representative a gratuity of such amount as Parliament may by resolution determine. 11. [ Repealed by Act 20 of 2012 ]


document_id: clga-1970
provision_ref: s12
chapter: PART 2 - GRATUITY
section: 12
title: Gratuity not to be assignable
content:
12. A gratuity granted under this Act shall not be — ( a ) assignable or transferable except for the purpose of satisfying — (i) a debt due to the Government; or (ii) an order of any court for the payment of periodical sums of money towards the maintenance of the wife, or former wife or minor child of the former President to whom the gratuity has been granted; and ( b ) attached, sequestered or levied upon for or in respect of any debt or claim whatever except a debt due to the Government. [20/2012]


document_id: clga-1970
provision_ref: s13
chapter: PART 2 - GRATUITY
section: 13
title: Gratuities to be paid out of Pension Fund
content:
13. There shall be charged on and paid out of the Pension Fund established by the Pension Fund Act 1995 all such sums of money as may, from time to time, be granted by way of gratuity in accordance with this Act. [20/2012]


document_id: clltca-2019
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Administrator” — ( a ) in relation to the CSHL Scheme, means the person appointed under section 5(3); or ( b ) in relation to the ESH Scheme, means the person appointed under section 11(3); “assessor” means an assessor approved by the Minister under section 17(1) to conduct, and report on, disability assessments; “Board” means the Central Provident Fund Board constituted under section 3 of the CPF Act; “claim applicant” means a person who makes a claim under section 16(1); “Council” means the CareShield Life Council appointed under section 37; “CPF Act” means the Central Provident Fund Act 1953; “CPF member” means a “member of the Fund” or “member” as defined in section 2(1) of the CPF Act; “CSHL Scheme” means the severe disability insurance scheme called the CareShield Life Scheme established by section 5; “defaulter” means a person liable to pay an outstanding premium; “ESH Scheme” means the severe disability insurance scheme called the ElderShield Scheme that is transferred by the private insurers to the Government; “former ElderShield Scheme” means the ElderShield Scheme approved by the Minister, that immediately before the transfer date was administered by the private insurers, for the purposes of allowing a person to purchase a severe disability insurance policy from a private insurer; “Fund” means the CareShield Life and ElderShield Insurance Fund established by section 35; “health declaration” means a declaration as to whether a person has any pre‑existing medical condition (including a person’s disability condition) that is made to the Board for the purpose of determining whether a person is eligible for insurance cover under the CSHL Scheme or ESH Scheme; “healthcare institution” means — ( a ) the holder of a licence granted under the Healthcare Services Act 2020; or [Act 19 of 2025 wef 05/12/2025] ( b ) such other person who provides care services for the disabled as may be determined by the Minister; “healthcare practitioner” means — ( a ) a medical practitioner registered under the Medical Registration Act 1997; ( b ) a nurse registered under the Nurses and Midwives Act 1999; or ( c ) an allied health professional registered under the Allied Health Professions Act 2011; “insured person” means a person who is insured under the CSHL Scheme or ESH Scheme, as the case may be; “insured sum” means a prescribed sum that is payable monthly to an insured person under the CSHL Scheme or ESH Scheme; “investigator” means an investigator appointed under section 46(1) or (2); “IRAS” means the Inland Revenue Authority of Singapore established under section 3 of the Inland Revenue Authority of Singapore Act 1992; “LTC Support Fund” means the Long‑Term Care Support Fund established by section 38; “means declaration” means a declaration, submitted to a person appointed by the Minister, for the purposes of determining an individual’s household income or eligibility for a grant, subsidy or other benefit under a public scheme; “means information” means — ( a ) any documents, information, returns, assessment lists or copies of such lists relating to the income or items of income of any person to which section 6 of the Income Tax Act 1947 applies; ( b ) any documents, information, returns and assessments relating to the business, the value of the supply of any goods and services, or the income of any taxable person to which section 6 of the Goods and Services Tax Act 1993 applies; ( c ) information obtained under the Property Tax Act 1960, including the Valuation List; ( d ) information obtained under the Stamp Duties Act 1929; and ( e ) information relating to the income or items of income of any person in the possession of any Government department or other public authority; “medisave account” means a medisave account maintained under section 13 of the CPF Act; “not disabled” has the meaning given in the Fourth Schedule; [Act 18 of 2025 wef 01/01/2026] “outstanding premium” means the amount of premium due which remains unpaid, and includes any interest imposed under section 23(1)( a ), and any penalty imposed under section 29, in respect of the premium; “permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959; [Act 18 of 2025 wef 01/01/2026] “premium” means a premium payable for insurance cover under the CSHL Scheme or ESH Scheme; “prescribed public scheme” means a public scheme prescribed for the purposes of Part 8; “prescribed social or healthcare‑related public scheme” means a public scheme, prescribed for the purposes of Part 8, that provides any grant, subsidy or other benefit for the payment of any social or healthcare expenses; “private insurer”, in relation to the former ElderShield Scheme, means an insurer approved by the Minister charged with the responsibility for health to sell severe disability insurance policies to CPF members under that Scheme; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “public scheme” means a scheme that is established — ( a ) by or under any written law and administered by a public authority; or ( b ) by the Government in any other manner, to provide financial relief, assistance or support to citizens of Singapore or permanent residents of Singapore, or any part of them; “rebate” means a payment from the Fund that is declared by the Minister under section 36(2); “recovery body” means a public authority appointed as a recovery body under section 30; “regulations” means any regulations made under section 64; “SCPR date”, in relation to an individual, means the date on which the individual becomes a citizen of Singapore or a permanent resident of Singapore, whichever occurs first; [Act 18 of 2025 wef 01/01/2026] “severe disability” has the meaning given in the First Schedule; “Supplement Scheme” means an insurance scheme administered by an insurer approved by the Minister to provide disability insurance benefits over and above the CSHL Scheme or ESH Scheme; “transfer date” has the meaning given by section 8. [3/2020] (2) In reckoning the age of an individual for the purposes of this Act — ( a ) the individual is taken to have attained a particular age expressed in years on the relevant anniversary of the individual’s birth; ( b ) a reference to the anniversary of the birth of an individual in paragraph ( a ) is a reference to the day on which the anniversary occurs; ( c ) where an individual was born on 29 February in any year, then in any subsequent year that is not a leap year, the anniversary of that individual’s birth is taken to be 1 March in that subsequent year; ( d ) if the day on which an individual was born cannot be ascertained but the month of the individual’s birth can be ascertained, the individual is taken to be born on the first day of the month in which the individual was born; and ( e ) if the month in which an individual was born cannot be ascertained, the individual is taken to be born in January. (3) In this Act, a reference to a health declaration or means declaration includes a reference to a health declaration or means declaration (as the case may be) made before 1 October 2020, in anticipation of the establishment of the CSHL Scheme or ESH Scheme, as the case may be. (4) In this Act, an individual who lacks mental capacity is an individual who lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008.


