# legal_provisions

document_id: pc-1871
provision_ref: s377CA
section: 377CA
title: Meaning of exploitative relationship
content:
377CA. —(1) For the purposes of sections 375, 376, 376A, 376AA, 376EA, 376EC, 376EE, 377BL and 377D, whether an accused person’s relationship with a person below 18 years of age (called in this section a minor) is exploitative of the minor is to be determined by the court in the circumstances of each case and the court must have regard to the following in making such determination: ( a ) the age of the minor; ( b ) the difference between the age of the accused person and the minor; ( c ) the nature of the relationship; ( d ) the degree of control or influence exercised by the accused person over the minor. [15/2019] (2) For the purposes of subsection (1) and subject to subsection (3), it is presumed until the contrary is proved that an accused person’s relationship with a minor is exploitative where the relationship is any of the following: ( a ) the accused person is the parent, step‑parent, guardian or foster parent of the minor; ( b ) the accused person is the de facto partner of the parent, guardian or foster parent of the minor; ( c ) the accused person is a member of the teaching or management staff of the school or educational institution at which the minor is a student; ( d ) the accused person has an established personal relationship with the minor in connection with the provision of religious, sporting, musical or other instruction to the minor; ( e ) the accused person is a custodial officer of an institution in which the minor is detained; ( f ) the accused person is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the minor is a patient of the accused person; ( g ) the accused person is an advocate and solicitor or a counsellor and the minor is a client of the accused person. [15/2019] (3) The presumption in subsection (2) does not apply to a person who is lawfully married to a minor even though the relationship may fall within any of the relationships mentioned in subsection (2). [15/2019]


document_id: pc-1871
provision_ref: s377CB
section: 377CB
title: Consent given under misconception in sexual offences
content:
377CB. —(1) Despite section 90( a )(ii), a consent for the purposes of an act which is the physical element of a sexual offence is not a consent given by a person under a misconception of fact only if it is directly related to — ( a ) the nature of the act, namely that it is not of a sexual nature; ( b ) the purpose of the act, namely that it is not for a sexual purpose; or ( c ) the identity of the person doing the act, and the person doing the act knows, or has reason to believe, that the consent was given in consequence of such misconception. [15/2019] (2) In subsection (1) — “sexual” has the meaning given by section 377C(3); “sexual offence” means any offence where the physical element of the offence under this Code or any other written law involves an act of a sexual nature and includes but is not limited to any offence under sections 375 to 377BN. Illustrations ( a ) A deceives B into allowing him to penetrate her vagina by inducing the misconception that he is extracting an evil spirit from B ’s body. B believes A and thinks that what she has consented to is a procedure to extract an evil spirit, not sexual intercourse. B has given her consent under a misconception as to the sexual nature of the act. B ’s apparent consent is therefore not a valid consent. ( b ) A deceives B into believing that he can heal B ’s chronic disease by treatment involving sexual penetration. B gives her consent under the misconception that the act is treatment for a health purpose and not for a sexual purpose. B ’s apparent consent is therefore not a valid consent. ( c ) A deceives B into believing that A is her husband. A is an imposter. B consents to sexual intercourse with A because she believes A is her husband. B ’s consent is given under a misconception of the identity of A and is therefore not a valid consent. ( d ) A deceives B into believing that A is an influential movie director. A is in fact only an administrative assistant to that movie director. B consents to sexual intercourse with A because she believes A is that movie director. B ’s misconception is as to A ’s attributes and not of A ’s identity. B ’s consent is therefore a valid consent. [15/2019]


document_id: pc-1871
provision_ref: s377D
section: 377D
title: Mistake as to age in sexual offences
content:
377D. —(1) Subject to subsections (2) and (3) and despite section 79, a reasonable mistake as to the age of a person cannot be a defence to any charge for a sexual offence. [15/2019] (2) The presence of a reasonable mistaken belief that a minor was of or above 18 years of age is a valid defence to a charge for a sexual offence where the fact that a minor is of or above 16 years of age but below 18 years of age is a physical element of the offence. [15/2019] (3) For the purposes of subsection (2), the defence under that subsection is no longer available if at the time of the offence, the person charged with that offence — ( a ) has previously been charged in court for an offence under section 375(1)( b ), 375(1A)( b ), 376(1) as in force before its deletion by section 23( a ) of the Criminal Law (Miscellaneous Amendments) Act 2021 (if the victim B is below 14 years of age), 376(2) (if the victim B is below 14 years of age), 376A, 376AA, 376B, 376C, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL or section 8 of the Children and Young Persons Act 1993 or section 140(1)( i ) or 145(1) of the Women’s Charter 1961; or [Act 23 of 2021 wef 01/03/2022] ( b ) failed to take all reasonable steps to verify that the minor was of or above 18 years of age. Explanation .—The fact that the minor was observed to be participating in activities which are restricted to persons of or above 18 years of age, such as smoking a cigarette or admission to premises with access restricted to persons of or above 18 years of age (such as a nightclub) is neither sufficient to constitute a reasonable basis for the mistaken belief nor reasonable steps to verify that minor’s age. [15/2019] (4) In this section, “sexual offence” has the meaning given by section 377CB. [15/2019]


document_id: pc-1871
provision_ref: s378
section: 378
title: Theft
content:
378. Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft. Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. Explanation 2.—A moving, effected by the same act which effects the severance, may be a theft. Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving, or by separating it from any other thing, as well as by actually moving it. Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which in consequence of the motion so caused is moved by that animal. Explanation 5.—The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. Explanation 6.—A person may move property which is intangible or incorporeal by transferring the property from one account to another account or transferring the interests in the property from one person to another person or by extinguishing the property. Illustrations ( a ) A cuts down a tree on Z ’s ground, with the intention of dishonestly taking the tree out of Z ’s possession without Z ’s consent. Here, as soon as A has severed the tree, in order to such taking, he has committed theft. ( b ) A puts a bait for dogs in his pocket, and thus induces Z ’s dog to follow it. Here, if A ’s intention be dishonestly to take the dog out of Z ’s possession without Z’s consent, A has committed theft as soon as Z ’s dog has begun to follow A . ( c ) [ Deleted by Act 51 of 2007 ] ( d ) A , being Z ’s servant and entrusted by Z with the care of Z ’s plate, dishonestly runs away with the plate without Z ’s consent. A has committed theft. ( e ) Z , going on a journey, entrusts his plate to A , the owner or operator of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z ’s possession. It could not, therefore, be taken out of Z ’s possession, and A has not committed theft, though he may have committed criminal breach of trust. [Act 23 of 2021 wef 01/03/2022] ( f ) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z ’s possession, and if A dishonestly removes it, A commits theft. ( g ) A finds a ring lying on the high road, not in the possession of any person. A by taking it commits no theft, though he may commit criminal misappropriation of property. ( h ) A sees a ring belonging to Z lying on a table in Z ’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z , with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A , at the time of first moving the ring, commits theft. ( i ) A delivers his watch to Z , a jeweller, to be regulated. Z carries it to his shop. A , not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z ’s hand, and carries it away. Here A , though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly. ( j ) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z ’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly. ( k ) Again, if A having pawned his watch to Z , takes it out of Z ’s possession without Z ’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property, inasmuch as he takes it dishonestly. ( l ) A takes an article belonging to Z out of Z ’s possession, without Z ’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft. ( m ) A , being on friendly terms with Z , goes into Z ’s library in Z ’s absence and takes away a book, without Z ’s express consent, for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z ’s implied consent to use Z ’s book. If this was A ’s impression, A has not committed theft. ( n ) A asks charity from Z ’s wife. She gives A money, food and clothes, which A knows to belong to Z , her husband. Here, it is probable that A may conceive that Z ’s wife is authorised to give away alms. If this was A ’s impression, A has not committed theft. ( o ) A is the paramour of Z ’s wife. She gives A valuable property, which A knows to belong to her husband Z , and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft. ( p ) A in good faith, believing property belonging to Z to be A ’s own property, takes that property out of B ’s possession. Here, as A does not take dishonestly, he does not commit theft. ( q ) A gains access to Z ’s bank account and dishonestly transfers money from Z ’s account to A ’s own account without Z ’s knowledge or consent. A commits theft. [15/2019]


document_id: pc-1871
provision_ref: s379
section: 379
title: Punishment for theft
content:
379. Whoever commits theft shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s379A
section: 379A
title: Punishment for theft of a motor vehicle
content:
379A. —(1) Whoever commits theft of a motor vehicle or any component part of a motor vehicle shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. (2) A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise, be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act 1961. (3) In this section — “component part”, in relation to a motor vehicle, means any component part attached to the motor vehicle, and includes any tyre, accessory or equipment attached to the motor vehicle; “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and includes a trailer drawn by a motor vehicle.


document_id: pc-1871
provision_ref: s380
section: 380
title: Theft in dwelling house, etc.
content:
380. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or for the custody of property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s381
section: 381
title: Theft by clerk or servant of property in possession of master
content:
381. Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s382
section: 382
title: Theft after preparation made for causing death or hurt in order to commit theft
content:
382. Whoever commits theft, having made preparation for causing death or hurt or restraint, or fear of death or of hurt or of restraint, to any person in order to commit such theft, or in order to effect his escape after committing such theft, or in order to retain property taken by such theft, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 3 strokes. Illustrations ( a ) A commits theft of property in Z ’s possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. ( b ) A picks Z ’s pocket, having posted several of his companions near him, in order that they may restrain Z , if Z should perceive what is passing and should resist, or should attempt to apprehend A . A has committed the offence defined in this section. Extortion


document_id: pc-1871
provision_ref: s383
section: 383
title: Extortion
content:
383. Whoever intentionally puts any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”. Illustrations ( a ) A threatens to publish a defamatory libel concerning Z , unless Z gives him money. He thus induces Z to give him money. A has committed extortion. ( b ) A threatens Z that he will keep Z ’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain moneys to A . Z signs and delivers the note. A has committed extortion. ( c ) A , an enforcement officer, sees Z committing an offence, and threatens to report the offence unless Z gives him money. Z fears that the report may result in his being prosecuted for the offence and delivers money to A . A has committed extortion. ( d ) A , by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A . Z signs and delivers the paper to A . Here, as the paper so signed may be converted into a valuable security, A has committed extortion.


document_id: pc-1871
provision_ref: s384
section: 384
title: Punishment for extortion
content:
384. Whoever commits extortion shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning.


document_id: pc-1871
provision_ref: s385
section: 385
title: Putting person in fear of harm in order to commit extortion
content:
385. Whoever, in order to commit extortion, puts or attempts to put any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and with caning.


document_id: pc-1871
provision_ref: s386
section: 386
title: Extortion by putting a person in fear of death or grievous hurt
content:
386. Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning.


document_id: pc-1871
provision_ref: s387
section: 387
title: Putting person in fear of death or of grievous hurt in order to commit extortion
content:
387. Whoever, in order to commit extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning.


document_id: pc-1871
provision_ref: s388
section: 388
title: Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.
content:
388. Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.


document_id: pc-1871
provision_ref: s389
section: 389
title: Putting person in fear of accusation of offence, in order to commit extortion
content:
389. Whoever, in order to commit extortion, puts or attempts to put any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. Robbery and gang-robbery


document_id: pc-1871
provision_ref: s390
section: 390
title: Robbery
content:
390. —(1) In all robbery there is either theft or extortion. When theft is robbery (2) Theft is “robbery” if, in order to commit theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death, or hurt, or wrongful restraint, or fear of instant death, or of instant hurt, or of instant wrongful restraint. When extortion is robbery (3) Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation. —The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations ( a ) A holds Z down, and dishonestly takes Z ’s money and jewels from Z ’s clothes, without Z ’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z . A has therefore committed robbery. ( b ) A meets Z on the high road, shows a pistol, and demands Z ’s purse. Z , in consequence surrenders his purse. Here A has extorted the purse from Z , by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. ( c ) A meets Z and Z ’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z , in consequence, delivers his purse. Here A has extorted the purse from Z , by causing Z to be in fear of instant hurt to the child, Z being present. A has therefore committed robbery on Z . ( d ) A obtains property from Z by saying, “Your child is in the hands of my gang, and will be put to death unless you send us $1,000.” This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.


document_id: pc-1871
provision_ref: s391
section: 391
title: Gang-robbery
content:
391. When 5 or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and of persons present and aiding such commission or attempt, amount to 5 or more, every person so committing, attempting, or aiding, is said to commit “gang‑robbery”.


document_id: pc-1871
provision_ref: s392
section: 392
title: Punishment for robbery
content:
392. Whoever commits robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes; and if the robbery is committed after 7 p.m. and before 7 a.m. the offender shall be punished with imprisonment for a term of not less than 3 years and not more than 14 years and shall also be punished with caning with not less than 12 strokes.


document_id: pc-1871
provision_ref: s393
section: 393
title: Attempt to commit robbery
content:
393. Whoever attempts to commit robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and shall also be punished with caning with not less than 6 strokes.


document_id: pc-1871
provision_ref: s394
section: 394
title: Voluntarily causing hurt in committing robbery
content:
394. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person, jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.


document_id: pc-1871
provision_ref: s395
section: 395
title: Punishment for gang-robbery
content:
395. Whoever commits gang-robbery shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.


document_id: pc-1871
provision_ref: s396
section: 396
title: Gang-robbery with murder
content:
396. If any one of 5 or more persons who are conjointly committing gang‑robbery, commits murder in so committing gang-robbery, every one of those persons shall be punished with death or imprisonment for life, and if he is not sentenced to death, shall also be punished with caning with not less than 12 strokes.


document_id: pc-1871
provision_ref: s397
section: 397
title: Robbery when armed or with attempt to cause death or grievous hurt
content:
397. If at the time of committing or attempting to commit robbery, the offender is armed with or uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, such offender, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with caning with not less than 12 strokes, in addition to any other punishment to which he may be liable under any other section of this Code. [ There is no section 398. ]


document_id: pc-1871
provision_ref: s399
section: 399
title: Making preparation to commit gang-robbery
content:
399. Whoever makes any preparation for committing gang‑robbery, shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and shall also be punished with caning with not less than 12 strokes.


document_id: pc-1871
provision_ref: s400
section: 400
title: Punishment for belonging to gang-robbers
content:
400. Whoever shall belong to a gang of persons associated for the purpose of habitually committing gang‑robbery, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 6 strokes.


document_id: pc-1871
provision_ref: s401
section: 401
title: Punishment for belonging to gang of thieves
content:
401. Whoever shall belong to any gang of persons associated for the purpose of habitually committing theft or robbery, and not being gang-robbers, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes. [15/2019]


document_id: pc-1871
provision_ref: s402
section: 402
title: Assembling for purpose of committing gang-robbery
content:
402. Whoever shall be one of 5 or more persons assembled for the purpose of committing gang‑robbery, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes. Criminal misappropriation of property


document_id: pc-1871
provision_ref: s403
section: 403
title: Dishonest misappropriation of property
content:
403. Whoever dishonestly misappropriates or converts to his own use movable property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. Illustrations ( a ) A takes property belonging to Z out of Z ’s possession in good faith believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A , after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. ( b ) A , being on friendly terms with Z , goes into Z ’s house in Z ’s absence and takes away a book without Z ’s express consent. Here, if A was under the impression that he had Z ’s implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section. ( c ) A and B being joint owners of a horse, A takes the horse out of B ’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation 1.—A dishonest misappropriation for a time only is a misappropriation within the meaning of this section. Illustration A finds a Government promissory note belonging to Z , bearing a blank endorsement. A , knowing that the note belongs to Z , pledges it with a banker as a security for a loan, intending at a future time to restore it to Z . A has committed an offence under this section. Explanation 2.—A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner, and has kept the property a reasonable time to enable the owner to claim it. What are reasonable means, or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found. Illustrations ( a ) A finds a dollar on the high road, not knowing to whom the dollar belongs. A picks up the dollar. Here A has not committed the offence defined in this section. ( b ) A finds a letter on the high road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. ( c ) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person who has drawn the cheque appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. ( d ) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z , but afterwards appropriates it to his own use. A has committed an offence under this section. ( e ) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z , and appropriates it to his own use. A is guilty of an offence under this section. ( f ) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. ( g ) A receives money transferred to his bank account from Z ’s bank account. A discovers that Z did not intend to transfer the money to him. A retains the money and appropriates it to his own use. A is guilty of an offence under this section. [15/2019]


document_id: pc-1871
provision_ref: s404
section: 404
title: Dishonest misappropriation of property possessed by a deceased person at the time of his death
content:
404. Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to 7 years. Illustration Z dies in possession of furniture and money. His servant A , before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section. Criminal breach of trust


document_id: pc-1871
provision_ref: s405
section: 405
title: Criminal breach of trust
content:
405. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or intentionally suffers any other person to do so, commits “criminal breach of trust”. Illustrations ( a ) A , being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust. ( b ) A is a warehouse owner or warehouse operator. Z , going on a journey, entrusts his furniture to A , under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed breach of trust. [Act 23 of 2021 wef 01/03/2022] ( c ) A , residing in Singapore, is agent for Z , residing in Penang. There is an express or implied contract between A and Z that all sums remitted by Z to A shall be invested by A according to Z ’s direction. Z remits $5,000 to A , with directions to A to invest the same in Government securities. A dishonestly disobeys the direction, and employs the money in his own business. A has committed criminal breach of trust. ( d ) But if A , in the last illustration, not dishonestly, but in good faith, believing that it will be more for Z ’s advantage to hold shares in the Bank X, disobeys Z ’s directions, and buys shares in the Bank X for Z , instead of buying Government securities, here, though Z should suffer loss and should be entitled to bring a civil action against A on account of that loss, yet A , not having acted dishonestly, has not committed criminal breach of trust. ( e ) A , a collector of Government money, or a clerk in a Government office, is entrusted with public money, and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. ( f ) A , a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. [15/2019]


document_id: pc-1871
provision_ref: s406
section: 406
title: Punishment of criminal breach of trust
content:
406. Whoever commits criminal breach of trust shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s407
section: 407
title: Criminal breach of trust of property entrusted for purposes of transportation or storage
content:
407. Whoever, being entrusted with property for the purpose of transportation for hire or storage for rent or charge, commits criminal breach of trust in respect of such property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine. Illustration A carrier is an example of a person who is entrusted with property for the purpose of transportation for hire and a warehouse owner or warehouse operator is an example of a person who is entrusted with property for the purpose of storage for rent or charge. [15/2019]


document_id: pc-1871
provision_ref: s408
section: 408
title: Criminal breach of trust by employees
content:
408. —(1) Whoever, being an employee, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine. [15/2019] (2) For the purposes of subsection (1) — ( a ) an employee includes a person who is engaged in a capacity with the same fundamental qualities as an employee; and ( b ) a person may be an employee or engaged in the capacity mentioned in paragraph ( a ) even though that person does not receive any salary or other remuneration arising from the person’s employment or engagement. [15/2019]


document_id: pc-1871
provision_ref: s409
section: 409
title:
Criminal breach of trust by public servant, or by banker, merchant, agent, director, officer, partner, key executive or fiduciary

content:
409. —(1) Whoever, being in any manner entrusted with property, or with any dominion over property — ( a ) in his capacity as a public servant; ( b ) in the way of his trade, profession or business as a banker, a merchant, a factor, a broker, an attorney or an agent; ( c ) in his professional capacity (other than by way of a trade, profession or business mentioned in paragraph ( b )); ( d ) in his capacity as a director of a corporation; ( e ) in his capacity as an officer of an unincorporated association; ( f ) in his capacity as a partner in a partnership; ( g ) in his capacity as a key executive of a corporation, an unincorporated association or a partnership; or ( h ) in his capacity as a fiduciary, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine. [15/2019] (2) In this section — “director” includes — ( a ) any person occupying the position of director of a corporation by whatever name called, and includes a person in accordance with whose directions or instructions the directors or the majority of the directors of a corporation are accustomed to act, and an alternate or substitute director; or ( b ) a member of a corporation in the case where the affairs of the corporation are managed by its members, and includes a person in accordance with whose directions or instructions the members or the majority of the members of such corporation are accustomed to act, and an alternate or substitute member; “fiduciary” means a person who has undertaken to act for or on behalf of another person in a matter in circumstances which give rise to a relationship of trust, confidence and loyalty, and includes but is not limited to an executor, an administrator, a liquidator, a receiver and a trustee (other than the trustee of an implied, a constructive or a resulting trust); “key executive” means a person who, whether or not an employee of the corporation, unincorporated association or partnership, and whether acting alone or together with any other person, has general control and management of the administration of that corporation, unincorporated association or partnership; “officer”, 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, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; ( b ) a person in accordance with whose directions or instructions the president, secretary or member of a committee of the unincorporated association or a majority of such persons are accustomed to act; and ( c ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “partnership” includes a limited partnership and a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005. [15/2019] (3) For the purposes of this section and to avoid doubt — ( a ) a person may be a director of a corporation, officer of an unincorporated association, partner in a partnership, key executive of a corporation, unincorporated association or partnership even though that person does not receive any salary or other remuneration from that corporation, unincorporated association or partnership, as the case may be; and ( b ) a person may be a fiduciary even though it is stated in a contract or an agreement between the parties that a fiduciary relationship does not arise. [15/2019] Receiving stolen property


document_id: pc-1871
provision_ref: s410
section: 410
title: Stolen property
content:
410. —(1) Property the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated, or in respect of which criminal breach of trust or cheating has been committed, is designated as “stolen property”, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or without Singapore. But if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. (2) The expression “stolen property” includes any property into or for which stolen property has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise. Explanation .—For the purpose of proving whether the whole or any part of any property constitutes “stolen property”, it is not necessary for the prosecution to prove the elements or particulars of any offence that caused or contributed to the designation of the property as stolen property. [15/2019]


document_id: pc-1871
provision_ref: s411
section: 411
title: Receiving stolen property
content:
411. —(1) Whoever receives or retains any property, knowing or having reason to believe the property to be stolen property or property obtained in whole or in part through an offence involving fraud or dishonesty, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. [15/2019] (2) If the stolen property is a motor vehicle or any component part of a motor vehicle as defined in section 379A(3), a person convicted of an offence under this section — ( a ) shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and ( b ) may be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act 1961. (3) It is a defence for a person charged with an offence under subsection (1) to prove that he has a reasonable excuse to receive or retain the property and that he exercised reasonable care as soon as practicable after having the knowledge or reason to believe mentioned in that subsection. Illustration A large sum of money is credited into A ’s bank account through a fund transfer. A later discovers the funds on checking his bank statement and has reason to believe that the funds were obtained in whole or in part through a criminal offence involving fraud or dishonesty. As soon as practicable after this discovery, A makes a report of the funds to the bank management and expresses his belief of the origins of the funds. A has a reasonable excuse for receiving and retaining the funds in his bank account while the report is being processed and has exercised reasonable care. [15/2019]


document_id: pc-1871
provision_ref: s412
section: 412
title: Receiving property stolen in the commission of a gang-robbery
content:
412. —(1) Whoever receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of gang‑robbery, or receives from a person, whom he knows or has reason to believe to belong or to have belonged to gang‑robbers, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine. [15/2019] (2) It is a defence for a person charged with an offence under subsection (1) to prove that he has a reasonable excuse to receive or retain the property and that he exercised reasonable care as soon as practicable after having the knowledge or reason to believe mentioned in that subsection. Illustration A box of valuable jewels is delivered by courier to A ’s office. A later discovers the jewels and learns from the news reports that there was a gang robbery of jewels in the vicinity. A has reason to believe that the jewels were stolen in the gang robbery. As soon as practicable after this discovery, A keeps the jewels in the safe and travels to the police station to make a report of the jewels and express his belief that the jewels were stolen by gang‑robbers. A has a reasonable excuse for receiving and retaining the jewels pending their retrieval by the police and has exercised reasonable care. [15/2019]


document_id: pc-1871
provision_ref: s413
section: 413
title: Habitually dealing in stolen property
content:
413. Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property or property obtained in whole or in part through any criminal offence involving fraud or dishonesty, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s414
section: 414
title: Assisting in concealment or disposal of stolen property
content:
414. —(1) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property or property obtained in whole or in part through any criminal offence involving fraud or dishonesty, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. [15/2019] (2) If the property mentioned in subsection (1) is a motor vehicle or any component part of a motor vehicle as defined in section 379A(3), a person convicted of an offence under this section — ( a ) shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and ( b ) may be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act 1961. [15/2019] Cheating


document_id: pc-1871
provision_ref: s415
section: 415
title: Cheating
content:
415. Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver or cause the delivery of any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat”. Explanation 1.—A dishonest concealment of facts is a deception within the meaning of this section. Explanation 2.—Mere breach of contract is not of itself proof of an original fraudulent intent. Explanation 3.—Whoever makes a representation through any agent is to be treated as having made the representation himself. Explanation 4.—A person that is a company or association or body of persons, whether incorporated or not, can be deceived for the purposes of this section, even though none of its individual officers, employees or agents is personally deceived. Explanation 5.—A person that is a company or association or body of persons, whether incorporated or not, can be induced to act in a manner mentioned in this section even though none of its individual officers, employees or agents is personally induced to act in such manner. Illustrations ( a ) A , by falsely pretending to be in the Government service, intentionally deceives Z , and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats. ( b ) A , by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. ( c ) A , by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. ( d ) A , by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z , and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. ( e ) A , by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z , and thereby dishonestly induces Z to lend money. A cheats. ( f ) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. ( g ) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of pepper which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A , at the time of obtaining the money, intends to deliver the pepper, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. ( h ) A intentionally deceives Z into a belief that A has performed A ’s part of a contract made with Z , which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. ( i ) A sells and conveys an estate to B . A , knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z without disclosing the fact of the previous sale and conveyance to B , and receives the purchase or mortgage money from Z . A cheats. ( j ) A , playing with false dice, or marked cards, wins money from B . A cheats. ( k ) A places an order for concert tickets in the automated concert ticketing system of a company, Z , using stolen credit card details, and thereby causes Z ’s ticketing system to electronically deliver the electronic concert tickets to A . Z has been deceived and induced into delivering the tickets to A even though no human officer, employee or agent of Z has been personally deceived or induced. [15/2019]


document_id: pc-1871
provision_ref: s416
section: 416
title: Cheating by personation
content:
416. A person is said to “cheat by personation”, if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.— The offence is committed whether the individual personated is a real or an imaginary person. Illustrations ( a ) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. ( b ) A cheats by pretending to be B , a person who is deceased. A cheats by personation.


document_id: pc-1871
provision_ref: s416A
section: 416A
title: Illegally obtained personal information
content:
416A. —(1) A person ( A ) shall be guilty of an offence who, knowing or having reason to believe that any personal information about another person ( B ) (being an individual) was obtained without B ’s consent — ( a ) obtains or retains the personal information; or ( b ) supplies, offers to supply, transmits or makes available, by any means, the personal information. [15/2019] (2) It is not an offence under subsection (1)( a ) if the person obtained or retained the personal information for a purpose other than — ( a ) for use in committing, or in facilitating the commission of, any offence under this Code or any other written law; or ( b ) for supply, transmission or making available by any means for the personal information to be used in committing, or in facilitating the commission of, any offence under this Code or any other written law. [15/2019] (3) It is not an offence under subsection (1)( b ) if — ( a ) the person did the act for a purpose other than for the personal information to be used in committing, or in facilitating the commission of, any offence under this Code or any other written law; and ( b ) the person did not know or have reason to believe that the personal information will be or is likely to be used to commit, or facilitate the commission of, any offence under this Code or any other written law. [15/2019] (4) For the purposes of subsection (1)( b ), a person does not transmit or make available personal information merely because the person provides, or operates facilities for network access, or provides services relating to, or provides connections for, the transmission or routing of data. [15/2019] (5) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 3 years, or with fine which may extend to $10,000, or with both. [15/2019] (6) For the purpose of proving under subsection (1) that a person knows or has reason to believe that any personal information of an individual ( B ) was obtained without B ’s consent, it is not necessary for the prosecution to prove the particulars of the obtaining of the personal information, such as who obtained the information and when it took place. [15/2019] (7) In this section — ( a ) personal information is any information, whether true or not, about an individual of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including (but not limited to) biometric data, name, address, date of birth, national registration identity card number, passport number, a written, electronic or digital signature, user authentication code, credit card or debit card number, and password; and ( b ) a reference to an offence under this Code includes an offence under subsection (1). [15/2019]


document_id: pc-1871
provision_ref: s416B
section: 416B
title: Cheating by remote communication
content:
416B. —(1) A person ( A ) is said to “cheat by remote communication” if A cheats by deceiving another person ( Z ), and the deception is conducted mainly by way of remote communication with Z . (2) In this section, “remote communication” means communication through — ( a ) the Internet; ( b ) telephone or any other communication device; ( c ) television or radio; or ( d ) any other kind of electronic or other technology for facilitating communication, but excludes any specific system or method of communication that the Minister, by order in the Gazette , declares is not remote communication for the purposes of this section. [Act 21 of 2025 wef 30/12/2025]


document_id: pc-1871
provision_ref: s417
section: 417
title: Punishment for cheating
content:
417. Whoever cheats shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s418
section: 418
title:
Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect

content:
418. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest, in the transaction to which the cheating relates, he was bound either by law or by a legal contract to protect shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s419
section: 419
title: Punishment for cheating by personation
content:
419. Whoever cheats by personation shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s420
section: 420
title: Cheating and dishonestly inducing a delivery of property
content:
420. —(1) Whoever cheats and thereby dishonestly induces the person deceived to deliver or cause the delivery of any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning or to both. [Act 21 of 2025 wef 30/12/2025] (2) Whoever cheats by remote communication and thereby dishonestly induces any of the acts mentioned in subsection (1) shall be punished with imprisonment for a term which may extend to 10 years and with caning with not less than 6 strokes, and shall also be liable to fine. [15/2019] [Act 21 of 2025 wef 30/12/2025]


document_id: pc-1871
provision_ref: s420A
section: 420A
title: Obtaining services dishonestly or fraudulently
content:
420A. —(1) A person shall be guilty of an offence if he obtains services for himself or another person dishonestly or fraudulently and — ( a ) the services are made available on the basis that payment has been, is being or will be made for or in respect of them; ( b ) the person obtains the services without any payment having been made for or in respect of them or without payment having been made in full; and ( c ) when the person obtains the services — (i) the person knows that they are being made available on the basis mentioned in paragraph ( a ) or that they might be; and (ii) the person intends that payment will not be made or will not be made in full. [15/2019] (2) A person who is guilty of an offence under subsection (1) shall on conviction be liable to imprisonment for a term not exceeding 10 years, or to fine, or to both. Explanation .—The services obtained are not excluded from this section merely because such services also involve the provision of goods or other things. Illustration A obtains services in the form of air transportation on an airline from Singapore to an overseas destination. A is also served food and beverages on the airline. A has obtained services even though A has also been provided with food and beverages. [15/2019] Fraudulent deeds and dispositions of property


document_id: pc-1871
provision_ref: s421
section: 421
title: Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
content:
421. Whoever dishonestly or fraudulently removes, conceals, or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s422
section: 422
title:
Dishonestly or fraudulently preventing a debt or demand due to the offender from being made available for his creditors

content:
422. Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s423
section: 423
title: Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration
content:
423. Whoever dishonestly or fraudulently signs, executes, or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s424
section: 424
title: Dishonest or fraudulent removal or concealment of property or release of claim
content:
424. Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s424A
section: 424A
title:
Fraud by false representation, non-disclosure or abuse of position not connected with contracts for goods or services

content:
424A. —(1) A person shall be guilty of an offence if he, fraudulently or dishonestly — ( a ) makes a false representation; ( b ) fails to disclose to another person information which he is under a legal duty to disclose; or ( c ) abuses, whether by act or omission, a position which he occupies in which he is expected to safeguard, or not to act against, the financial interests of another person. [15/2019] (2) A person may be guilty of an offence under subsection (1) whether or not the acts in subsection (1)( a ), ( b ) or ( c ) were material. [15/2019] (3) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 20 years, or with fine, or with both. [15/2019] (4) This section does not apply where the false representation, failure to disclose or abuse of position mentioned in subsection (1) is directly connected with a written or oral contract for the supply of goods or services. [15/2019] (5) For the purposes of this section and section 424B — ( a ) “representation” means any representation as to fact or law, including a representation as to the state of mind of the person making the representation, or any other person; ( b ) a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading; ( c ) a representation may be express or implied; and ( d ) a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). [15/2019]


document_id: pc-1871
provision_ref: s424B
section: 424B
title: Fraud by false representation, non-disclosure or abuse of position
content:
424B. —(1) A person shall be guilty of an offence if he, fraudulently or dishonestly — ( a ) makes a false representation; ( b ) fails to disclose to another person information which he is under a legal duty to disclose; or ( c ) abuses, whether by act or omission, a position which he occupies in which he is expected to safeguard, or not to act against, the financial interests of another person. (2) A person may be guilty of an offence under subsection (1) whether or not the acts in subsection (1)( a ), ( b ) or ( c ) were material. (3) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 20 years, or with fine, or with both. (4) This section does not apply to any act mentioned in subsection (1) which would constitute an offence under section 424A. [Act 15 of 2019 wef 28/07/2023] Mischief


document_id: pc-1871
provision_ref: s425
section: 425
title: Mischief
content:
425. Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or any person, causes the destruction of any property, or any such change in any property, or in the situation thereof, as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”. Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. Illustrations ( a ) A voluntarily burns a valuable security belonging to Z , intending to cause wrongful loss to Z . A has committed mischief. ( b ) [ Deleted by Act 51 of 2007 ] ( c ) A voluntarily throws into a river a ring belonging to Z , with the intention of thereby causing wrongful loss to Z . A has committed mischief. ( d ) A , knowing that his effects are about to be taken in execution, or under or pursuant to an enforcement order, in order to satisfy a debt due from him to Z , destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z . A has committed mischief. ( e ) A , having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief. ( f ) A causes a ship to be cast away, intending thereby to cause damage to Z , who has lent money on bottomry on the ship. A has committed mischief. ( g ) A , having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z . A has committed mischief. [Act 25 of 2021 wef 01/04/2022]


document_id: pc-1871
provision_ref: s426
section: 426
title: Punishment for committing mischief
content:
426. Whoever commits mischief shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019]


document_id: pc-1871
provision_ref: s427
section: 427
title: Punishment for committing mischief causing disruption to key service, etc.
content:
427. —(1) Whoever commits mischief by doing any act which causes, or which he knows is likely to cause, a disruption to — ( a ) the provision of any key service; or ( b ) the performance of any duty or function of, or the exercise of any power by the Government or a public agency, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. [15/2019] (2) In subsection (1) — “key service” means any of the following services: ( a ) a service directly related to the provision to the general public of water, sewerage, drainage, gas, electricity, waste collection and disposal, newspapers, broadcasting, telecommunications and other traditional forms of mass media communication (including radio and television services); ( b ) a search and rescue service, a fire-fighting service, a service providing rapid response to requests for help in a medical emergency, or other health emergency service; ( c ) a payments clearing and settlement service for payment obligations or securities, a service directly related to the provision to the general public of banking facilities and financial services associated with banking business, a securities trading, clearing and settlement service, and any other like service that is necessary to the financial market or financial institutions in Singapore or the disruption of which would have a widespread adverse effect on the financial system in Singapore or the economy of Singapore, or both; ( d ) a service directly related to the provision to the general public of health or healthcare services at a hospital, primary care healthcare establishment or other like institution; ( e ) a service that is critical to ensuring the reliable supply in Singapore of food which is safe and suitable for human consumption; ( f ) a service directly related to ensuring the provision to the general public of reliable and safe public transport by land, water or air within Singapore or to and from Singapore; ( g ) any other service that is critical to maintaining public health, the social and economic stability of Singapore or its people, or the defence of Singapore or its national security; “public agency” means — ( a ) a body corporate or unincorporate established by or under any public Act to perform or discharge a public function, or any part of such a body; or ( b ) a department or Ministry of the Government or an Organ of State. Illustrations ( a ) An act which causes damage to enforcement cameras installed in a public place by a statutory board responsible for land transport to detect illegal parking in a public road is an act which causes disruption to the performance of the function of that statutory board. ( b ) Unauthorised destruction of the records and files of a department of the Government which role is to promote Singapore as a sound and reputable financial centre is an act which causes disruption to the performance of the function of that department. ( c ) An act of mischief which damages an electricity licensee’s power generation facility that is used to supply electricity to a public housing estate, is an act which is likely to cause disruption to a key service even though there is no actual disruption to that power supply. [15/2019]


document_id: pc-1871
provision_ref: s428
section: 428
title: Mischief by killing or maiming any animal
content:
428. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any animal shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. 429. [ Repealed by Act 51 of 2007 ] 430. [ Repealed by Act 15 of 2019 ] 430A. [ Repealed by Act 15 of 2019 ] 431. [ Repealed by Act 15 of 2019 ] 431A. [ Repealed by Act 15 of 2019 ] 432. [ Repealed by Act 15 of 2019 ] 433. [ Repealed by Act 15 of 2019 ] 434. [ Repealed by Act 15 of 2019 ]


document_id: pc-1871
provision_ref: s435
section: 435
title: Mischief by fire or explosive substance with intent to cause damage
content:
435. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s436
section: 436
title: Mischief by fire or explosive substance with intent to destroy a house, etc.
content:
436. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place for worship, or for the administration of justice, or for the transaction of public affairs, or for education, or art, or for public use or ornament, or as a human dwelling, or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s437
section: 437
title: Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden
content:
437. Whoever commits mischief to any decked vessel or any vessel of a burden of 20 tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe that vessel, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s438
section: 438
title:
Punishment for the mischief described in section 437 when committed by fire or any explosive substance

content:
438. Whoever commits or attempts to commit by fire or any explosive substance, such mischief as is described in section 437, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s439
section: 439
title: Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
content:
439. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s440
section: 440
title: Mischief committed after preparation made for causing death or hurt
content:
440. Whoever commits mischief, having made preparation for causing to any person death or hurt or wrongful restraint, or fear of death or of hurt or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine. Criminal trespass


document_id: pc-1871
provision_ref: s441
section: 441
title: Criminal trespass
content:
441. Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.


document_id: pc-1871
provision_ref: s442
section: 442
title: House-breaking
content:
442. Whoever commits criminal trespass by entering into, or remaining in, any building, tent, container or vessel used as a human dwelling, or any building used as a place for worship or as a place for the custody of property, is said to commit “house‑breaking”. Explanation. —The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-breaking. [15/2019] 443. [ Repealed by Act 15 of 2019 ] 444. [ Repealed by Act 15 of 2019 ] 445. [ Repealed by Act 15 of 2019 ] 446. [ Repealed by Act 15 of 2019 ]


document_id: pc-1871
provision_ref: s447
section: 447
title: Punishment for criminal trespass
content:
447. Whoever commits criminal trespass shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both.


document_id: pc-1871
provision_ref: s448
section: 448
title: Punishment for house-breaking
content:
448. Whoever commits house-breaking shall be guilty of an offence and shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019]


document_id: pc-1871
provision_ref: s449
section: 449
title: House-breaking in order to commit an offence punishable with death
content:
449. Whoever commits house-breaking in order to commit any offence punishable with death, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 15 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s450
section: 450
title: House-breaking in order to commit an offence punishable with imprisonment for life
content:
450. Whoever commits house-breaking in order to commit any offence punishable with imprisonment for life, shall be punished with imprisonment for a term not exceeding 15 years, and shall also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s451
section: 451
title: House-breaking in order to commit an offence punishable with imprisonment
content:
451. Whoever commits house-breaking in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s452
section: 452
title: House-breaking after preparation made for causing hurt, etc.
content:
452. Whoever commits house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault, or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, or to caning. [15/2019]


document_id: pc-1871
provision_ref: s453
section: 453
title: Possession of house-breaking implements or offensive weapons
content:
453. —(1) Any person who is found — ( a ) armed with any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, without lawful authority or a lawful purpose; ( b ) having his face covered or otherwise found disguised with intent to commit any offence; or ( c ) equipped with any article or instrument for use in the course of or in connection with any house‑breaking, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and any instrument or article, mentioned in paragraph ( a ) or ( c ), found in the possession of that person shall be forfeited. [15/2019] (2) In any prosecution for an offence under subsection (1)( a ), it is sufficient for the prosecution to allege and prove that the accused was found to be armed with any instrument mentioned in paragraph ( a ) and the burden is then on the accused to show that he had lawful authority or a lawful purpose to be so armed. [15/2019] (3) An article or instrument is presumed to be carried with lawful authority if it is carried by — ( a ) any member of the Singapore Armed Forces, the Singapore Police Force, the Singapore Civil Defence Force or any auxiliary police force created under any written law; ( b ) a forensic specialist or law enforcement officer acting in the course of his duty as such in accordance with the Police Force Act 2004; [Act 43 of 2024 wef 24/03/2025] ( c ) any visiting force lawfully present in Singapore under the provisions of any law relating to visiting forces; or ( d ) any person as part of his official or ceremonial dress on any official or ceremonial occasion. [15/2019] 454. [ Repealed by Act 15 of 2019 ] 455. [ Repealed by Act 15 of 2019 ] 456. [ Repealed by Act 15 of 2019 ] 457. [ Repealed by Act 15 of 2019 ] 458. [ Repealed by Act 15 of 2019 ]


document_id: pc-1871
provision_ref: s458A
section: 458A
title: Punishment for subsequent offence under section 449, 450, 451 or 452
content:
458A. Whoever, having been convicted of an offence under section 449, 450, 451 or 452, commits an offence under section 449, 450, 451 or 452 shall be liable to caning in addition to the punishment prescribed for that offence. [15/2019]


document_id: pc-1871
provision_ref: s459
section: 459
title: Grievous hurt caused while committing house-breaking
content:
459. Whoever, while committing house-breaking, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years and with caning. [15/2019]


document_id: pc-1871
provision_ref: s460
section: 460
title: House-breaking when death or grievous hurt caused
content:
460. If, at the time of the committing of house‑breaking, any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person, every person jointly concerned in committing such house‑breaking, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years. [15/2019]


document_id: pc-1871
provision_ref: s461
section: 461
title: Dishonestly breaking open any closed receptacle containing or supposed to contain property
content:
461. Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s462
section: 462
title: Punishment for same offence when committed by person entrusted with custody
content:
462. Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s463
section: 463
title: Forgery
content:
463. Whoever makes any false document or electronic record or part of a document or an electronic record with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.


document_id: pc-1871
provision_ref: s464
section: 464
title: Making a false document or false electronic record
content:
464. —(1) A person is said to make a false document or false electronic record — ( a ) who dishonestly or fraudulently — (i) makes, signs, seals or executes a document or part of a document; (ii) makes any electronic record or part of any electronic record; (iii) affixes any electronic signature on any electronic record; or (iv) makes any mark denoting the execution of a document or the authenticity of the electronic signature, with the intention of causing it to be believed that such document or electronic record or part of a document or electronic record or electronic signature was made, signed, sealed, executed or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed, or at a time at which he knows that it was not made, signed, sealed, executed or affixed; ( b ) who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with an electronic signature, either by himself or by any other person, whether that person is living or dead at the time of the alteration; or ( c ) who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on an electronic record, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him he does not, know the contents of the document or electronic record or the nature of the alteration. (2) In this section, “electronic signature” has the same meaning as in the Electronic Transactions Act 2010. Illustrations ( a ) A has a letter of credit upon B for $1,000 written by Z . A , in order to defraud B , adds a cypher to the 1,000, and makes the sum $10,000, intending that it may be believed by B that Z so wrote the letter. A has committed forgery. ( b ) A , without Z ’s authority, affixes Z ’s seal to a document, purporting to be a conveyance of an estate from Z to A , with the intention of selling the estate to B , and thereby of obtaining from B the purchase money. A has committed forgery. ( c ) A picks up a cheque on a banker signed by B , payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of $1,000. A commits forgery. ( d ) A leaves with B , his agent, a cheque on a banker, signed by A , without inserting the sum payable, and authorises B to fill up the cheque by inserting a sum not exceeding $1,000 for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of $10,000. B commits forgery. ( e ) A draws a bill of exchange on himself in the name of B without B ’s authority, intending to discount it as a genuine bill with a banker, and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B , and thereby to discount the bill, A is guilty of forgery. ( f ) Z ’s will contains these words: “I direct that all my remaining property be equally divided between A , B and C ”. A dishonestly scratches out B ’s name, intending that it may be believed that the whole was left to himself and C . A has committed forgery. ( g ) A endorses a promissory note and makes it payable to Z , or his order, by writing on the bill the words “Pay to Z or his order”, and signing the endorsement. B dishonestly erases the words “Pay to Z , or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery. ( h ) A sells and conveys an estate to Z . A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B , dated 6 months earlier than the date of the conveyance to Z , intending it to be believed that he had conveyed the estate to B before he conveyed it to Z . A has committed forgery. ( i ) Z dictates his will to A . A intentionally writes down a different legatee from the legatee named by Z , and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery. ( j ) A writes a letter and signs it with B ’s name without B ’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery. ( k ) A without B ’s authority writes a letter and signs it in B ’s name, certifying to A ’s character, intending thereby to obtain employment under Z . A has committed forgery, inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service. Explanation 1.—A man’s signature of his own name may amount to forgery. Illustrations ( a ) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery. ( b ) A writes the word “accepted” on a piece of paper and signs it with Z ’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z , and negotiate the bill as though it had been accepted by Z . A is guilty of forgery; and if B knowing the fact draws the bill upon the paper pursuant to A ’s intention, B is also guilty of forgery. ( c ) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable: here A has committed forgery. ( d ) A purchases an estate sold under execution of a decree against B . B after the seizure of the estate, in collusion with Z , executes a lease of the estate to Z at a nominal rent and for a long period, and dates the lease 6 months prior to the seizure with intent to defraud A , and to cause it to be believed that the lease was granted before the seizure. B , though he executes the lease in his own name, commits forgery by antedating it. ( e ) A , a trader, in anticipation of insolvency, lodges effects with B for A ’s benefit, and with intent to defraud his creditors, and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition. Explanation 2.—The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery. Illustration A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.


document_id: pc-1871
provision_ref: s465
section: 465
title: Punishment for forgery
content:
465. Whoever commits forgery shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s466
section: 466
title: Forgery of a record of a court of justice, or a public register of births, etc.
content:
466. Whoever forges a document or an electronic record, purporting to be a record or proceeding of or before a court of justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document or an electronic record, purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s467
section: 467
title: Forgery of a valuable security or will
content:
467. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a child, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest, or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or a receipt, acknowledging the payment of money, or an acquittance or a receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s468
section: 468
title: Forgery for the purpose of cheating
content:
468. Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s469
section: 469
title: Forgery for the purpose of harming the reputation of any person
content:
469. Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any person, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s470
section: 470
title: “A forged document” or “a forged electronic record”
content:
470. A false document or false electronic record, made wholly or in part by forgery, is designated “a forged document” or “a forged electronic record”, respectively.


document_id: pc-1871
provision_ref: s471
section: 471
title: Using as genuine a forged document or forged electronic record
content:
471. Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or forged electronic record, shall be punished in the same manner as if he had forged such document or electronic record.


document_id: pc-1871
provision_ref: s472
section: 472
title:
Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467

content:
472. Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s473
section: 473
title:
Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise

content:
473. Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s473A
section: 473A
title: Making or possessing equipment for making a false instrument
content:
473A. Whoever makes or has in his custody or under his control a machine or implement, or paper or other material, which to his knowledge is or has been specifically designed or adapted for the making of any false instrument shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s473B
section: 473B
title: Making or possessing equipment for making a false instrument with intent to induce prejudice
content:
473B. Any person ( A ) who — ( a ) makes or has in his custody or under his control a machine or implement, or paper or other material, which is or has been specifically designed or adapted for the making of any instrument; and ( b ) intends that — (i) he or another person makes a false instrument using the machine or implement, or paper or other material in order to induce another person ( B ) to accept it as genuine; and (ii) by reason of so accepting it, B does or does not do some act to B ’s or any other person’s prejudice, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s473C
section: 473C
title: Meaning of “prejudice” and “induce”
content:
473C. —(1) For the purposes of section 473B and subject to subsections (2) and (4), an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs, will — ( a ) result in his permanent or temporary loss of property; ( b ) result in his being deprived of an opportunity to earn remuneration or greater remuneration; ( c ) result in his being deprived of an opportunity to gain a financial advantage otherwise than by way of remuneration; ( d ) result in somebody being given an opportunity to earn remuneration or greater remuneration from him; ( e ) result in somebody being given an opportunity to gain a financial advantage from him otherwise than by way of remuneration; or ( f ) be the result of his having accepted a false instrument as genuine in connection with his performance of any duty. (2) For the purpose of this section, an act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do shall be disregarded. (3) The reference in section 473B to inducing a person ( B ) to accept a false instrument as genuine includes a reference to inducing a machine to respond to an instrument as if it were a genuine instrument. (4) Where subsection (3) applies, the act or omission intended to be induced by the machine responding to the instrument shall be treated as an act or omission to a person’s prejudice. (5) In subsection (1)( a ), “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.


document_id: pc-1871
provision_ref: s474
section: 474
title:
Having possession of certain document or electronic record known to be forged, with intent to use it as genuine

content:
474. Whoever has in his possession any document or electronic record, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the descriptions mentioned in section 466, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the document is one of the descriptions mentioned in section 467, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s475
section: 475
title:
Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

content:
475. Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s476
section: 476
title:
Counterfeiting a device or mark used for authenticating documents or electronic records other than those described in section 467, or possessing counterfeit marked material

content:
476. Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document or electronic record other than the documents described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document or electronic record then forged or thereafter to be forged on such material, or who with such intent has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s477
section: 477
title: Fraudulent cancellation, destruction, etc., of a will
content:
477. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys, or defaces, or attempts to cancel, destroy, or deface, or secretes, or attempts to secrete any document which is or purports to be a will, or an authority to adopt a child, or any valuable security, or commits mischief in respect to such document, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.


document_id: pc-1871
provision_ref: s477A
section: 477A
title: Falsification of accounts
content:
477A. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, intentionally and with intent to defraud destroys, alters, conceals, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account or a set thereof which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or intentionally and with intent to defraud makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in any such book, electronic record, paper, writing, valuable security or account or a set thereof, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. Explanation 1 . —It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded, or specifying any particular sum of money intended to be the subject of the fraud or any particular day on which the offence was committed. Explanation 2.—Any books, electronic records, papers, writings, valuable securities or accounts or any combination thereof form a set if they serve the same function or purpose in relation to the employer’s affairs or business. [15/2019] [Act 23 of 2021 wef 01/03/2022] [ There are no sections 478 to 489. ] Currency and bank notes [15/2019]


document_id: pc-1871
provision_ref: s489A
section: 489A
title: Forging or counterfeiting currency or bank notes
content:
489A. —(1) Whoever forges or counterfeits, or knowingly performs any part of the process of forging or counterfeiting, any currency or bank note shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine. [15/2019] (2) In this section and sections 489B to 489I — “bank note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of the government of any country or territory and intended to be used as equivalent to, or as a substitute for, money; “coin” is metal used as money stamped and issued by or under the authority of the government of any country or territory in order to be so used; “currency” includes any currency note or coin (by whatever name called) which is legal tender in the country or territory in which it is issued. [15/2019]


document_id: pc-1871
provision_ref: s489B
section: 489B
title: Using as genuine forged or counterfeit currency or bank notes
content:
489B. Whoever delivers or sells to, or buys or receives from, any other person, or otherwise imports, exports or traffics in or uses as genuine, any forged or counterfeit currency or bank note, knowing or having reason to believe the same to be forged or counterfeit, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s489C
section: 489C
title: Possession of forged or counterfeit currency or bank notes
content:
489C. Whoever has in his possession any forged or counterfeit currency or bank note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment for a term which may extend to 15 years and shall also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s489D
section: 489D
title: Making or possessing instruments or materials for forging or counterfeiting currency or bank notes
content:
489D. Whoever makes, mends or performs any part of the process of making or mending or buys, sells or disposes of, or has in his possession, any die, machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency or bank note, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s489E
section: 489E
title: Abetting in Singapore counterfeiting of currency out of Singapore
content:
489E. Whoever, being within Singapore, abets the counterfeiting of any currency out of Singapore, shall be punished in the same manner as if he abetted the counterfeiting of such currency within Singapore. [15/2019]


document_id: pc-1871
provision_ref: s489F
section: 489F
title: Fraudulently or dishonestly diminishing weight or altering composition of any coin
content:
489F. Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. Explanation .—A person who scoops out part of the coin and puts anything else into the cavity, alters the composition of that coin. [15/2019]


document_id: pc-1871
provision_ref: s489G
section: 489G
title: Altering appearance of currency with intent that it shall pass as currency of different description
content:
489G. Whoever performs on any currency any operation which alters the appearance of that currency, with the intention that that currency will pass as currency of a different description, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s489H
section: 489H
title: Delivery to another of altered currency
content:
489H. Whoever delivers to any other person as genuine, or as currency of a different description from what it is, or attempts to induce any person to receive as genuine or as a currency of a different description from what it is, any currency in respect of which he knows or has reason to believe that any operation mentioned in section 489F or 489G has been performed, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [15/2019]


document_id: pc-1871
provision_ref: s489I
section: 489I
title: Possession of altered currency
content:
489I. Whoever has in his possession any currency with respect to which he knows or has reason to believe that any offence defined in section 489F or 489G has been committed and intending to use such currency as genuine or that it may be used as genuine shall on conviction be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine. [15/2019] [ There is no Chapter 19. ]


document_id: pc-1871
provision_ref: s499
section: 499
title: Defamation
content:
499. Whoever, by words either spoken or intended to be read, or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company, or an association or a collection of persons as such. Explanation 3.—An imputation in the form of an alternative, or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. Explanation 5.—An imputation may be made or published in written, electronic or other media. Illustrations ( a ) A says, “ Z is an honest man; he never stole B ’s watch”, intending to cause it to be believed that Z did steal B ’s watch. This is defamation, unless it falls within one of the exceptions. ( b ) A is asked who stole B ’s watch. A points to Z , intending to cause it to be believed that Z stole B ’s watch. This is defamation, unless it falls within one of the exceptions. ( c ) A draws a picture of Z running away with B ’s watch, intending it to be believed that Z stole B ’s watch. This is defamation, unless it falls within one of the exceptions. Imputation of any truth which the public good requires to be made or published First Exception.— It is not defamation to impute anything which is true concerning any person, if it is for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Public conduct of public servants Second Exception. —It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Conduct of any person touching any public question Third Exception .—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever respecting Z ’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such a meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties in which the public is interested. Publication of reports of proceedings of courts of justice, etc. Fourth Exception.— It is not defamation to publish a substantially true report of the proceedings of a court of justice, or of Parliament, or of the result of any such proceedings. Explanation.— A Magistrate or other officer holding an inquiry in open court preliminary to a trial in a court of justice, is a court within the meaning of the above section. Merits of case decided in a court of justice; or conduct of witnesses and others concerned therein Fifth Exception.— It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a court of justice, or respecting the conduct of any person as a party, a witness or an agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Illustrations ( a ) A says, “I think Z ’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z ’s character as it appears in Z ’s conduct as a witness, and no further. ( b ) But if A says, “I do not believe what Z asserted at that trial, because I know him to be a man without veracity”, A is not within this exception, inasmuch as the opinion which he expresses of Z ’s character is an opinion not founded on Z ’s conduct as a witness. Merits of a public performance Sixth Exception .—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation .—A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. Illustrations ( a ) A person who publishes a book, submits that book to the judgment of the public. ( b ) A person who makes a speech in public, submits that speech to the judgment of the public. ( c ) An actor or a singer who appears on a public stage, submits his acting or singing to the judgment of the public. ( d ) A says of a book published by Z , “ Z ’s book is foolish, Z must be a weak man. Z ’s book is indecent, Z must be a man of impure mind”. A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z ’s character only so far as it appears in Z ’s book, and no further. ( e ) But if A says, “I am not surprised that Z ’s book is foolish and indecent, for he is a weak man and a libertine”, A is not within this exception, inasmuch as the opinion which he expresses of Z ’s character is an opinion not founded on Z ’s book. Censure passed in good faith by a person having lawful authority over another Seventh Exception .—It is not defamation in a person having over another any authority, either conferred by law, or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Illustration A judge censuring in good faith the conduct of a witness or of an officer of the court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for his conduct as such cashier — are within this exception. Accusation preferred in good faith to a duly authorised person Eighth Exception .—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of the accusation. Illustration If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z , a servant, to Z ’s master; if A in good faith complains of the conduct of Z , a child, to Z ’s father — A is within this exception. Imputation made in good faith by a person for the protection of his interests Ninth Exception .—It is not defamation to make an imputation on the character of another, provided that the imputation is made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good. Illustrations ( a ) A , a shopkeeper, says to B , who manages his business, “Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests. ( b ) A , a Magistrate, in making a report to his superior officer, casts an imputation on the character of Z . Here, if the imputation is made in good faith and for the public good, A is within the exception. Caution intended for the good of the person to whom it is conveyed or for the public good Tenth Exception .—It is not defamation to convey a caution, in good faith, to one person against another, provided that the caution is intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good. Explanation to Exceptions In proving the existence of circumstances as a defence under the Second, Third, Fifth, Sixth, Seventh, Eighth, Ninth or Tenth exception, good faith shall be presumed unless the contrary appears.


document_id: pc-1871
provision_ref: s500
section: 500
title: Punishment for defamation
content:
500. Whoever defames another shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s501
section: 501
title: Printing or engraving matter known to be defamatory
content:
501. Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s502
section: 502
title: Sale of printed or engraved substance containing defamatory matter
content:
502. Whoever sells or offers for sale any printed or engraved substance, containing defamatory matter, knowing that it contains such matter, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s503
section: 503
title: Criminal intimidation
content:
503. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation. —A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A , for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B ’s house. A is guilty of criminal intimidation.


document_id: pc-1871
provision_ref: s504
section: 504
title: Intentional insult with intent to provoke a breach of the peace
content:
504. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.


document_id: pc-1871
provision_ref: s505
section: 505
title: Statements conducing to public mischief
content:
505. Whoever makes, publishes or circulates any statement, rumour or report in written, electronic or other media — ( a ) with intent to cause, or which is likely to cause any officer or serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, or any person to whom section 140B refers, to mutiny or otherwise disregard or fail in his duty as such; ( b ) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public, whereby any person may be induced to commit an offence against the State or against the public tranquillity; or ( c ) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community of persons, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. Exception .——It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report in written, electronic or other media has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it without any such intent as aforesaid.


document_id: pc-1871
provision_ref: s506
section: 506
title: Punishment for criminal intimidation
content:
506. Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and if the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or with imprisonment for a term which may extend to 7 years or more, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. [15/2019]


document_id: pc-1871
provision_ref: s507
section: 507
title: Criminal intimidation by an anonymous communication
content:
507. Whoever commits the offence of criminal intimidation by an anonymous communication, or by having taken precautions to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment for a term which may extend to 2 years, in addition to the punishment provided for the offence by section 506. 508. [ Repealed by Act 15 of 2019 ] 509. [ Repealed by Act 15 of 2019 ] 510. [ Repealed by Act 5 of 2015 ]


document_id: pc-1871
provision_ref: s511
section: 511
title: Attempt to commit offence
content:
511. —(1) A person attempts to commit an offence punishable by this Code or by any other written law who, with the intention of committing that offence takes a substantial step towards the commission of that offence. [15/2019] (2) For the purposes of subsection (1), an act is a substantial step towards the commission of an offence if it is strongly corroborative of an intention to commit the offence and the following are examples of acts which in the circumstances of each case may constitute taking a substantial step: ( a ) lying in wait, searching for or following the contemplated victim of the offence; ( b ) enticing or seeking to entice the contemplated victim of the offence to go to the place contemplated for its commission; ( c ) reconnoitring the place contemplated for the commission of the offence; ( d ) unlawful entry of a place in which it is contemplated that the offence will be committed; ( e ) possession of materials to be employed in the commission of the offence, that are specially designed for such unlawful use or that can serve no lawful purpose of the person in such possession under the circumstances; ( f ) possession, collection or fabrication of materials to be employed in the commission of the offence, at or near the place contemplated for its commission, if such possession, collection or fabrication serves no lawful purpose of the person mentioned in subsection (1) under the circumstances; ( g ) soliciting an innocent agent to engage in conduct constituting a physical element of the offence. [15/2019] (3) A person may attempt the doing of a thing despite the existence of facts of which he is unaware which make the doing of the thing impossible. Illustrations ( a ) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box that there is no jewel in it. He has taken a substantial step towards the commission of theft, and therefore is guilty of attempted theft. ( b ) A makes an attempt to pick the pocket of Z by thrusting his hand into Z ’s pocket. A fails in the attempt in consequence of Z ’s having nothing in his pocket. A is guilty of attempted theft even though it was not possible for A to steal any thing from Z ’s empty pocket. ( c ) When Z is not looking, A opens Z ’s bag and takes away an electronic device with the intention of stealing it from Z . A genuinely believes that the electronic device belongs to Z but it in fact belongs to A , who had previously lent it to Z . A is guilty of attempted theft even though it was not possible for A to have committed theft of A ’s own device. ( d ) A and Z are friends who share a room in which Z keeps a personal safe with a combination lock. A peeps at Z opening the safe in order to memorise the combination code to the safe. When Z is out of the room, A attempts to remember the code to unlock Z ’s safe with the intention of stealing the cash in the safe. A tries several times but is unable to remember the code correctly before Z returns. A is guilty of an offence of attempted theft even though he could not have opened the safe because of his inept memory of the code. [15/2019]


document_id: pc-1871
provision_ref: s512
section: 512
title: Punishment for attempting to commit offences
content:
512. —(1) A person who attempts to commit an offence punishable by this Code or by any other written law with death or imprisonment for life, shall, where no express provision is made by this Code or by such other written law for the punishment of such attempt, be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. Illustration A attempts to commit kidnapping of B in order that B may be murdered but did not succeed. If A had committed kidnapping in order to murder, he would have been punished with death or imprisonment for life (and would, if not sentenced to death, also be liable to caning). A shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. [15/2019] (2) Subject to subsection (3), any person who attempts to commit an offence punishable by this Code or by any other written law (other than an offence mentioned in subsection (1)), shall, where no express provision is made by this Code or by such other written law for the punishment of such attempt, be punished with such punishment as is prescribed for that offence. [15/2019] (3) Despite subsection (2), where the punishment prescribed for an offence mentioned in that subsection is fixed by law, a specified minimum sentence or a mandatory minimum sentence of imprisonment or fine or caning, the court sentencing the person who attempted to commit the offence — ( a ) shall not be bound to impose such fixed, specified or mandatory minimum sentence; and ( b ) may sentence the offender to such sentence or combination of sentences as the court thinks fit but not exceeding the maximum punishment prescribed for that offence. [15/2019] (4) To avoid doubt, nothing in subsection (3)( b ) empowers a court to impose a type of punishment that is not prescribed for an offence mentioned in subsection (2) or otherwise provided by any written law for that offence. Illustration A attempts to commit robbery but did not succeed. If A had committed robbery, he would have been subject to a mandatory minimum term of imprisonment of not less than 2 years and mandatory caning of a minimum of 6 strokes. As the court is not bound to impose the minimum mandatory punishment prescribed for robbery, A may be sentenced to 6 months imprisonment with no caning for attempted robbery. However, the court may not sentence A to a fine, as this is not a prescribed punishment for robbery but the court may sentence A to probation if he is a young offender. [15/2019]


document_id: pca-1950
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, and in any rule or order made thereunder, unless the context otherwise requires — “commission agent” means a person who acts as agent for another in relation to the purchase or sale of goods and is remunerated or to be remunerated by way of commission on the price, and includes an agent remunerated or to be remunerated partly by commission and partly in some other manner; “controlled article” means any goods or classes of goods declared to be controlled articles under section 5( a ); “goods” includes all chattels personal other than things in action and money; “maximum price” means the maximum price at which, under the provisions of this Act, goods may be sold; “offence under this Act” includes any act or omission declared to be an offence under this Act by any order or rule made under sections 5 and 18; “Price Controller” means an officer appointed Price Controller under section 3 and includes any person appointed by the Minister to act in the place of the Price Controller during the Price Controller’s absence from Singapore or his inability from illness or other causes to perform the duties of his office; “Price Inspector” means any person appointed under section 3(2) and includes a Chief Price Inspector and an Assistant Price Inspector; “price-regulated goods” means goods in respect of which maximum prices have been fixed under section 4 and includes services for which a maximum has been fixed under that section; “officer of customs” has the same meaning as in the Customs Act 1960; “sell”, with its grammatical variations and cognate expressions, includes an agreement to sell and an offer to sell, and an offer to sell shall be deemed to include the exposing of goods for sale, the publication of a price list, the furnishing of a quotation, or any other act or notification whatsoever by which willingness to enter into any transaction of sale is expressed; “selling price” means the actual net price charged to the purchaser of the goods concerned, less all discounts or other allowances; “trader” includes any person who carries on the business of selling goods and any person carrying on business in the course of which he supplies goods for the purpose of, or in pursuance of a contract made by him for work, labour and materials.


document_id: pca-1950
provision_ref: s3
section: 3
title: Appointment of Price Controller and other officers
content:
3. —(1) The Minister may appoint a Price Controller and such Deputy Price Controllers and Assistant Price Controllers as he may think fit. (2) The Price Controller may appoint such Chief Price Inspectors, Price Inspectors or Assistant Price Inspectors for such areas as he may think fit. (3) The Minister may appoint advisory committees to advise the Price Controller on questions relating to the exercise of all or any of the powers conferred on the Price Controller by sections 4, 5 and 8.


document_id: pca-1950
provision_ref: s4
section: 4
title: Prices and charges
content:
4. —(1) The Price Controller may from time to time by order published in the Gazette — ( a ) fix maximum prices, which may include charges for delivery, for the sale of any goods either by declaring the maximum sale price, or by prescribing that the sale price of the goods shall not exceed the price which they cost the seller, plus a stated sum or a stated percentage of that cost price, or by prescribing the manner in which the maximum sale price of the goods shall be ascertained; ( b ) fix the maximum charge that may be made by any person for any service in relation to the supply, repair, maintenance, packing, carriage or storage of goods, which shall include the provision of such materials as may be specified in the order; ( c ) fix the maximum price, or prescribe the manner in which the maximum price shall be ascertained, of any secondhand goods, whether for sale by persons who trade in those goods, or by the private owners of those goods; and ( d ) prescribe what shall constitute a wholesale or retail quantity or transaction either generally or in respect of any special class or classes of goods. (2) Under this section the Price Controller may fix a maximum price or charge for service in respect of any goods for one area which differs from the maximum price or the charge for services fixed for another area in respect of like or similar goods.


document_id: pca-1950
provision_ref: s5
section: 5
title: Control of movement, export and import of and dealing in specified goods
content:
5. The Price Controller with the prior approval of the Minister may by order published in the Gazette — ( a ) declare any goods or classes of goods to be controlled articles; ( b ) prohibit the purchase, sale or barter of any controlled article for the purpose of resale in or export from any area specified without his written permission; ( c ) prohibit or control the import or export of any controlled article for the purpose of resale in or export from any area specified without his written permission; ( d ) prohibit or control the movement of controlled articles between any specified areas; ( e ) limit the wholesale or retail dealing in any controlled article to persons holding licences or permits therefor under this Act or any rules made thereunder; ( f ) restrict the sale of any controlled article either by any individual or generally by all persons dealing in the article in any manner in which he thinks fit; ( g ) prescribe such forms as he may think necessary in connection with the matters referred to in paragraphs ( a ) to ( f ); and ( h ) declare any act or omission in contravention of the provisions of any order to be an offence under this Act and prescribe penalties therefor provided that no penalty so prescribed shall exceed the maximum penalty prescribed by section 16 in corresponding circumstances.


document_id: pca-1950
provision_ref: s6
section: 6
title: Orders to be presented to Parliament
content:
6. Any order made by the Price Controller under section 4, 5 or 8 shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when an order was so presented annulling the order or any part thereof as from a specified date, the order or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to anything previously done thereunder or to the making of a new order.


document_id: pca-1950
provision_ref: s7
section: 7
title: Seller to display list of prices
content:
7. Any person who deals in any price-regulated goods shall display in English and in any other language ordered by the Price Controller, in a prominent manner and in a conspicuous position so that it can be easily read and is clearly legible to customers in those parts of his business premises where price-regulated goods are dealt in, a list of the current maximum prices of the price-regulated goods in which he deals and any such person who fails to do so shall be guilty of an offence.


document_id: pca-1950
provision_ref: s8
section: 8
title: Controller may order display of prices of any goods or class of goods
content:
8. The Price Controller may by order published in the Gazette from time to time require any person who sells by retail any goods or class of goods specified in the order to exhibit clearly and conspicuously in such manner as may be prescribed the price demanded by him for the sale of those goods and any person failing to comply with any such order shall be guilty of an offence.


document_id: pca-1950
provision_ref: s9
section: 9
title: Offence to sell above fixed price
content:
9. —(1) Any person who sells any price-regulated goods or performs any service at a price which exceeds the maximum price fixed therefor shall be guilty of an offence. (2) Any person who knowingly purchases or offers to purchase any price-regulated goods or who knowingly pays or offers to pay for a service a charge which exceeds the maximum charge fixed therefor shall be guilty of an offence.


document_id: pca-1950
provision_ref: s10
section: 10
title: Refusal to sell goods
content:
10. Any person carrying on a business in the course of which price‑regulated goods are normally sold and who has in his possession a stock of such goods, who — ( a ) falsely denies that he has those goods in his possession; or ( b ) refuses, except with the permission of the Price Controller, to sell those goods in reasonable quantities, shall be guilty of an offence: Provided that it shall be a good defence to a charge under paragraph ( b ) that the accused had reasonable grounds for believing that the purchaser was unable or unwilling to make immediate payment of the price of the goods in cash.


document_id: pca-1950
provision_ref: s11
section: 11
title: General powers of Price Controller
content:
11. The Price Controller or any Deputy Price Controller or any person authorised in writing by any of them is hereby empowered — ( a ) to enter and inspect any premises in the occupation or under the control of any trader, manufacturer, producer, commission agent, clearing and forwarding agent or auctioneer; ( b ) to examine any books, accounts or other documents relating to the trade or business of any trader, manufacturer, producer, commission agent, clearing and forwarding agent or auctioneer, and to require a copy of any such book, account or other document or of the record of any transaction duly certified by the trader, manufacturer, producer, commission agent, clearing and forwarding agent or auctioneer to be produced to him, and further to require that any of those books, accounts or other documents be deposited at his office for examination; and where any of those books, accounts or other documents or records are in a language other than the English language and he is satisfied that the trader, manufacturer, producer, commission agent, clearing and forwarding agent or auctioneer can provide or obtain a translation thereof in the English language, to require such a translation; ( c ) to require in such manner as he may consider sufficient, any trader, manufacturer, producer, commission agent, clearing and forwarding agent or auctioneer to furnish verbally or in writing and in such form as may be required any information in relation to his trade or business; and ( d ) to require any trader, manufacturer, producer or commission agent to submit to him samples of any goods in which he deals.


document_id: pca-1950
provision_ref: s12
section: 12
title: Powers of arrest and seizure
content:
12. —(1) A Price Inspector if so authorised by the Price Controller or any Deputy Price Controller in writing or any police officer or officer of customs if so authorised by the Price Controller in writing may — ( a ) arrest without warrant any person whom he reasonably suspects of having committed an offence under this Act if such person refuses to furnish his name and address or furnishes an address outside Singapore or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond: Provided that when any person has been arrested as aforesaid he shall be thereafter dealt with as provided by section 64 of the Criminal Procedure Code 2010; and ( b ) seize any article which he considers it necessary to seize in relation to the evidence necessary to establish the commission of any such offence. [15/2010] (2) A Price Inspector if so authorised by the Price Controller or a Deputy Price Controller and any police officer not below the rank of sergeant may 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 be conducted by the Public Prosecutor or by a Deputy Public Prosecutor or, with the authorisation of the Public Prosecutor, by the Price Controller or by any officer appointed under this Act or under the Control of Essential Supplies Act 1973 or by any police officer not below the rank of sergeant. [15/2010]


document_id: pca-1950
provision_ref: s13
section: 13
title: Offence to obstruct authorities
content:
13. Any person who obstructs any person authorised under this Act to enter and inspect any premises or to examine any books, accounts or other documents, or any person who refuses or delays or fails to produce any books, accounts or other documents or certified copies or translations thereof relating to his trade or business, or who refuses to furnish any information or furnishes false information upon demand being made by a person authorised by this Act, or any person who fails to comply with any order given under this Act, shall be guilty of an offence.


document_id: pca-1950
provision_ref: s14
section: 14
title: Saving
content:
14. No proceedings shall be instituted under this Act against any person duly authorised in that behalf by the Price Controller who has knowingly purchased goods at a price in excess of that fixed, or in excess of the permitted price, or who has paid a charge for a service in excess of the fixed charge, with the intention of procuring evidence for the purpose of prosecuting the seller for an offence under this Act.


document_id: pca-1950
provision_ref: s15
section: 15
title: Attempts and abetments
content:
15. —(1) Any person attempting to commit or abetting the commission of an offence under this Act shall be guilty of an offence. (2) The expressions “attempting to commit” and “abetting the commission of” an offence used in subsection (1) have the same meaning as they have in the Penal Code 1871.


document_id: pca-1950
provision_ref: s16
section: 16
title: Penalties
content:
16. —(1) Any person, other than a body corporate, but including a director or officer of a body corporate, who commits an offence under this Act shall be liable, where no other penalty is specifically provided for such an offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both, and in the case of a second or subsequent offence to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 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 $10,000 and in the case of a second or subsequent offence to a fine not exceeding $20,000. (3) Where a trader or commission agent is convicted of an offence under this Act the court by which he is so convicted may, in addition to any other penalty, make an order debarring him or any firm of which he is a partner or any corporation of which he is an officer, from carrying on business for such period as the court may determine. Any person who fails to comply with any such order 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 one year or to both. (4) Where a person charged with an offence under this Act is a body corporate every person who, at the time of the commission of the offence, was a director or officer of the body corporate may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence, every such director or officer shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence. (5) In any proceedings under subsection (4) jointly against a body corporate and a director or officer thereof for an offence under this Act any evidence that the body corporate was guilty of the offence shall be deemed to be evidence that the director or officer was guilty of that offence. (6) Any person who would have been liable under any of the provisions of this Act to any penalty for anything done or omitted if the thing had been done or omitted by him personally shall be liable to the same penalty if the thing has been done or omitted by his partner, agent or servant, unless he proves to the satisfaction of the court that he took all reasonable precautions to prevent the doing or omission of the thing. (7) A District Court shall have power to try any offence under this Act and may impose the full penalty provided by this Act or by any order or rule made under this Act.


document_id: pca-1950
provision_ref: s17
section: 17
title: Delegation of powers
content:
17. The Price Controller may in writing delegate all or any of his powers, duties or functions under the provisions of this Act to any Deputy Price Controller, Assistant Price Controller, or any other person approved by the Minister, and may at any time revoke or vary such a delegation: Provided that no such delegation shall be deemed to divest the Price Controller of all or any of his powers, duties or functions and he may if he thinks fit exercise such powers, duties or functions, notwithstanding the fact that he has so delegated them.


document_id: pca-1950
provision_ref: s18
section: 18
title: Rules
content:
18. —(1) The Minister may from time to time make rules generally to give effect to the provisions of this Act and by such rules may confer upon the Price Controller such powers as he thinks fit. (2) Without prejudice to the generality of subsection (1) the Minister may by such rules — ( a ) provide for the keeping of books of account and other records relating to any trade or business in the course of which price-regulated goods or controlled articles are sold; ( b ) prescribe the manner in which such books and records shall be disposed of or preserved; ( c ) prescribe such invoices as he may think fit to be supplied to purchasers by any person selling price-regulated goods or controlled articles; ( d ) empower the Price Controller to certify any fact in relation to any sale of price‑regulated goods or controlled articles and provide for the admissibility of any such certificate in evidence in any proceedings instituted under this Act; ( e ) prescribe marks or labels to be affixed to price-regulated goods or controlled articles or containers of such price‑regulated goods or controlled articles indicating the quality, grade, price or place of origin of such price‑regulated goods or controlled articles; and ( f ) declare any act or omission in contravention of the provisions of any rule to be an offence under this Act and prescribe penalties therefor: Provided that no penalty so prescribed shall exceed the maximum penalty prescribed by section 16 in corresponding circumstances. (3) Any rules made by the Minister under this Act shall be published in the Gazette . (4) Such rules shall be presented to Parliament as soon as possible after publication. (5) Such rules shall remain in force until disapproved or altered by a resolution of Parliament. (6) Any rule altered by a resolution of Parliament shall come into force as altered from the date of the passing of the resolution and shall have the same force and effect as if enacted in this Act.


document_id: pca-1960
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “agent” means any person employed by or acting for another, and includes a trustee, administrator and executor, and a person serving the Government or under any corporation or public body, and for the purposes of section 8 includes a subcontractor and any person employed by or acting for such subcontractor; “CPIB officer” means a public officer in the Corrupt Practices Investigation Service (Junior) Scheme of Service or in the Corrupt Practices Investigation Service (Senior) Scheme of Service; “Director” means the Director of the Corrupt Practices Investigation Bureau appointed under section 3; “gratification” includes — ( a ) money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable; ( b ) any office, employment or contract; ( c ) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; ( d ) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and ( e ) any offer, undertaking or promise of any gratification within the meaning of paragraphs ( a ), ( b ), ( c ) and ( d ); “INVEST Fund” means the INVEST Fund established under Part 3 of the Home Affairs Uniformed Services Superannuation Act 2001; “member” means a member of the Scheme established under this Act; “principal” includes an employer, a beneficiary under a trust, and a trust estate as though it were a person and any person beneficially interested in the estate of a deceased person and the estate of a deceased person as though the estate were a person, and in the case of a person serving the Government or a public body includes the Government or the public body, as the case may be; “public body” means any corporation, board, council, commissioners or other body which has power to act under and for the purposes of any written law relating to public health or to undertakings or public utility or otherwise to administer money levied or raised by rates or charges in pursuance of any written law; “Scheme” means the Occupational Superannuation Scheme established by regulations made under section 4A; “service” means regular service (whether part-time or full-time) as a CPIB officer; “special investigator” means a special investigator of the Corrupt Practices Investigation Bureau. [29/2002]


document_id: pca-1960
provision_ref: s3
chapter: PART 2 - APPOINTMENT OF STAFF AND
section: 3
title: Appointment of Director and officers
content:
3. —(1) The President may appoint an officer to be the Director of the Corrupt Practices Investigation Bureau: Provided that the President acting in his discretion may refuse to appoint or revoke the appointment of the Director if he does not concur with the advice or recommendation of the Cabinet or a Minister acting under the general authority of the Cabinet. (2) The President may appoint such number of deputy directors, assistant directors and special investigators of the Corrupt Practices Investigation Bureau as he may think fit. [2/2012] (3) Any powers conferred on and duties to be performed by the Director under this Act may, subject to the orders and directions of the Director, be exercised or performed by a deputy director or an assistant director of the Corrupt Practices Investigation Bureau. [2/2012] (4) A deputy director and an assistant director of the Corrupt Practices Investigation Bureau may exercise the powers conferred by this Act on a special investigator. [2/2012] (5) The President may create such different grades for deputy directors, assistant directors and special investigators as he may think fit. [2/2012]


document_id: pca-1960
provision_ref: s4
chapter: PART 2 - APPOINTMENT OF STAFF AND
section: 4
title: Director and officers deemed to be public servants
content:
4. —(1) The Director, deputy directors, assistant directors and special investigators of the Corrupt Practices Investigation Bureau shall be deemed to be public servants within the meaning of the Penal Code 1871. [2/2012] (2) A warrant card shall be issued to every officer of the Corrupt Practices Investigation Bureau referred to in subsection (1) and shall be evidence of his appointment under this Act. [2/2012]


document_id: pca-1960
provision_ref: s4A
chapter: PART 2 - APPOINTMENT OF STAFF AND
section: 4A
title: Establishment of Occupational Superannuation Scheme
content:
4A. —(1) The Minister shall, by regulations, establish an Occupational Superannuation Scheme for the benefit of all CPIB officers appointed on or after 1 November 2001, who will be the members of the Scheme. [29/2002] (2) The regulations made under subsection (1) shall provide for the payment of — ( a ) any gratuity, allowance, superannuation or other like benefit to members of the Scheme, or to their legal personal representatives or dependants, on the death of the members in the service or on the resignation, retirement or discharge of the members from the service; ( b ) any pension, gratuity, allowance, compensation or other benefit in respect of the death of or injuries received by any member of the Scheme in and which are attributable to service; and ( c ) any allowance, subsidy or other benefit to such former members of the Scheme as may be prescribed after their retirement from the service. [29/2002] (3) The regulations made under subsection (1) may provide for — ( a ) the payment of contributions in respect of each member; ( b ) the age or ages at which a member may retire or be required to retire from the service; ( c ) the appointment of award officers to assess, award and pay pensions, gratuities and allowances and other like benefits under the Scheme and to otherwise administer the Scheme; and ( d ) the bringing of appeals against decisions of award officers and the appointment of one or more persons to hear such appeals and review the decisions of award officers. [29/2002] (4) In making regulations under subsection (1), the Minister shall also provide for — ( a ) every CPIB officer who is appointed before 1 November 2001 and who, immediately before that date, is eligible (whether on retirement or in respect of death or injury in or attributable to service) for any pension, gratuity or other allowance under the Pensions Act 1956; and ( b ) every CPIB officer who is appointed before 1 November 2001 to the service on a contract for a term and who, immediately before that date, is eligible for any gratuity or other like benefit under the contract, an option to join the Scheme as a member and for the terms and conditions of such an option. [29/2002] (5) The regulations made in relation to CPIB officers referred to in subsection (4) shall provide — ( a ) in the case of an officer referred to in subsection (4)( a ), that any such officer who opts to join the Scheme shall cease to be eligible to benefits under the Pensions Act 1956 but shall remain eligible under the Scheme to benefits not less in value than the amount of any pension, gratuity or other allowance for which he would have been granted under the Pensions Act 1956 if he retired from the service, or was injured or died in service, on the date immediately before his joining the Scheme; and ( b ) in the case of an officer referred to in subsection (4)( b ), that any such officer who opts to join the Scheme shall remain eligible to benefits not less in value than the amount of any gratuity or other like benefit for which he would have been granted under his contract if he had completed his term of service under the contract on the date immediately before his joining the Scheme. [29/2002] (6) Any option exercised by any CPIB officer before 1 November 2001 to join or not to join the Scheme shall be deemed to be exercised in accordance with the regulations made under subsection (1) in relation to CPIB officers referred to in subsection (4). [29/2002]


document_id: pca-1960
provision_ref: s4B
chapter: PART 2 - APPOINTMENT OF STAFF AND
section: 4B
title: Benefits not as of right, etc.
content:
4B. —(1) No member shall have an absolute right to compensation for past services or to any pension, gratuity, allowance or other benefit under the Scheme. [29/2002] (2) Nothing in this Act shall limit the right of the Public Service Commission, or any of its delegates, to dismiss any CPIB officer who is a member from the service without compensation. [29/2002] (3) Subject to Article 113 of the Constitution, where it is established to the satisfaction of an award officer that a member has been guilty of negligence, irregularity or misconduct, it shall be lawful for the award officer to reduce or altogether withhold the pension, gratuity, allowance or other benefit for which the member would but for this section have become eligible under the Scheme. [29/2002]


document_id: pca-1960
provision_ref: s4C
chapter: PART 2 - APPOINTMENT OF STAFF AND
section: 4C
title: Non-assignability or attachment of benefits, etc.
content:
4C. —(1) No payments, allowance or other benefit payable under the Scheme (whether on death, retirement or resignation of a member or otherwise), and no contribution by the Government made under the Scheme, and no interest thereon shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than — ( a ) a debt due to the Government; or ( b ) an order of court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child (whether legitimate or not) of the member to whom the payment, allowance or other benefit has been granted. [29/2002] (2) Subject to the provisions of any regulations made under section 4A, all moneys paid or payable under the Scheme on the death of a member thereof — ( a ) shall be deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of such deceased member; ( b ) shall not be deemed to form part of his estate or be subject to the payment of his debts; and ( c ) shall be deemed to be property passing on his death for the purposes of the Estate Duty Act 1929. [29/2002]


document_id: pca-1960
provision_ref: s4D
chapter: PART 2 - APPOINTMENT OF STAFF AND
section: 4D
title: Recovery of benefits granted in ignorance of disqualifying facts
content:
4D. It shall be a condition of the grant of every pension, gratuity, allowance or other benefit under the Scheme that the Government may recover, cancel or reduce the grant if it is shown to have been obtained by the wilful suppression of material facts or to have been granted in ignorance of facts which, had they been known before the retirement or resignation of the member, would have justified his dismissal or a reduction of his salary. [29/2002]


document_id: pca-1960
provision_ref: s4E
chapter: PART 2 - APPOINTMENT OF STAFF AND
section: 4E
title: Effect of bankruptcy and conviction on Scheme benefits
content:
4E. —(1) No contribution by the Government made under the Scheme and no interest thereon shall be subject to the debts of any member thereof, nor shall such contributions and interest pass to the Official Assignee on the bankruptcy of the member. [29/2002] (2) If a member is adjudicated a bankrupt or is declared insolvent by a court of law, such contributions and interest shall be deemed to be excluded from the property of the bankrupt for the purposes of the Insolvency, Restructuring and Dissolution Act 2018. [29/2002; 40/2018] (3) If, at the date of his retirement or resignation from the service, any member has been adjudged a bankrupt by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, and he has not obtained his discharge from such adjudication or declaration, it shall be lawful for an award officer to refuse to grant any pension, gratuity or other allowance which would, if not for this subsection, be granted. [29/2002] (4) If any person to whom a pension or other allowance has been granted under this Act — ( a ) is adjudicated a bankrupt by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere; or ( b ) is sentenced to death or penal servitude or any term of imprisonment, by any court of competent jurisdiction, whether in Singapore or elsewhere, for any crime or offence, the Minister may direct that such pension or allowance shall forthwith cease, and thereupon such pension or allowance shall cease accordingly. [29/2002] (5) Where, by reason of bankruptcy of a member or former member, a pension, gratuity or allowance is not granted or where a pension or allowance ceases by virtue of a direction under subsection (4)( a ), it shall be lawful for the Minister to cause all or any part of the moneys to which such person would have been entitled by way of pension, gratuity or allowance, had he not become a bankrupt or sentenced for any crime or offence, as the case may be, to be paid to, or applied for the maintenance and personal support or benefit of, all or any (to the exclusion of the others) of the following persons in such proportions and manner as the Minister thinks proper: ( a ) the member or former member himself; ( b ) his spouse, child or children. [29/2002] (6) The Minister may exercise his power under subsection (5), from time to time, during the remainder of the member’s or former member’s life, or during such shorter period or periods, either continuous or discontinuous, as the Minister thinks fit. [29/2002] (7) When a person to whom a pension or allowance has not been granted or whose pension or allowance has ceased under this section obtains a full and proper discharge from his bankruptcy, his pension or allowance shall be restored to him with effect from the date of such discharge. [29/2002] (8) For the purposes of subsection (5), moneys applied for the discharge of the debts of the member or former member, as the case may be, shall be regarded as applied for his benefit. [29/2002] (9) Notwithstanding subsection (4), any pension or allowance that has ceased by virtue of a direction under subsection (4)( b ) shall be restored with retrospective effect in the case of a person who, after conviction, at any time receives a free pardon. [29/2002] (10) Where a pension or allowance ceases by virtue of a direction under subsection (4)( b ), it shall be lawful for the Minister to cause all or any part of moneys to which the person would have been entitled by way of pension or allowance to be paid to or applied for the benefit of his spouse, child or children, or after the expiration of his sentence, also for the benefit of himself, in the same manner precisely and subject to the same qualifications and restrictions as in the case of bankruptcy provided in subsection (5). [29/2002]


document_id: pca-1960
provision_ref: s4F
chapter: PART 2 - APPOINTMENT OF STAFF AND
section: 4F
title: Scheme to be met out of INVEST Fund
content:
4F. —(1) There shall be paid into the INVEST Fund — ( a ) such sums appropriated from the Consolidated Fund and authorised to be paid into the INVEST Fund by or under any written law to enable that Fund to meet its liabilities under this Act; and ( b ) such sum from the Pension Fund established by the Pension Fund Act 1995 as the Minister for Finance may determine as the value of that part of the Pension Fund relating to all those CPIB officers referred to in section 4A(4)( a ) who exercise an option in favour of joining the Scheme in accordance with the regulations under section 4A. [29/2002] (2) The INVEST Fund comprising moneys referred to in subsection (1) shall be applied to meet the following purposes only: ( a ) the payment of any pension, gratuity, allowance, compensation or other like benefit granted under the Scheme; ( b ) such other expenses relating to the granting of any pension, gratuity, allowance, compensation or other like benefit under the Scheme and expressly provided by regulations made under this Act to be met from the INVEST Fund. [29/2002] (3) The moneys referred to in subsection (1) shall be paid into the INVEST Fund as capital money, and shall not be used to make payment of any dividend under the Scheme. [29/2002]


document_id: pca-1960
provision_ref: s5
chapter: PART 3 - OFFENCES AND PENALTIES
section: 5
title: Punishment for corruption
content:
5. Any person who shall by himself or by or in conjunction with any other person — ( a ) corruptly solicit or receive, or agree to receive for himself, or for any other person, any gratification as an inducement to or reward for, or otherwise on account of — (i) any person doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed; or (ii) any member, officer or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such public body is concerned; or ( b ) corruptly give, promise or offer to any person whether for the benefit of that person or of another person, any gratification as an inducement to or reward for, or otherwise on account of — (i) any person doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed; or (ii) any member, officer or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such public body is concerned, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.


document_id: pca-1960
provision_ref: s6
chapter: PART 3 - OFFENCES AND PENALTIES
section: 6
title: Punishment for corrupt transactions with agents
content:
6. If — ( a ) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; ( b ) any person corruptly gives or agrees to give or offers any gratification to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or ( c ) any person knowingly gives to an agent, or if an agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.


document_id: pca-1960
provision_ref: s7
chapter: PART 3 - OFFENCES AND PENALTIES
section: 7
title: Increase of maximum penalty in certain cases
content:
7. A person convicted of an offence under section 5 or 6 shall, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with the Government or any department thereof or with any public body or a subcontract to execute any work comprised in such a contract, be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 7 years or to both.


document_id: pca-1960
provision_ref: s8
chapter: PART 3 - OFFENCES AND PENALTIES
section: 8
title: Presumption of corruption in certain cases
content:
8. Where in any proceedings against a person for an offence under section 5 or 6, it is proved that any gratification has been paid or given to or received by a person in the employment of the Government or any department thereof or of a public body by or from a person or agent of a person who has or seeks to have any dealing with the Government or any department thereof or any public body, that gratification shall be deemed to have been paid or given and received corruptly as an inducement or reward as hereinbefore mentioned unless the contrary is proved.


document_id: pca-1960
provision_ref: s9
chapter: PART 3 - OFFENCES AND PENALTIES
section: 9
title: Acceptor of gratification to be guilty notwithstanding that purpose not carried out, etc.
content:
9. —(1) Where in any proceedings against any agent for any offence under section 6( a ), it is proved that he corruptly accepted, obtained or agreed to accept or attempted to obtain any gratification, having reason to believe or suspect that the gratification was offered as an inducement or reward for his doing of forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person in relation to his principal’s affairs or business, he shall be guilty of an offence under that section notwithstanding that he did not have the power, right or opportunity to do so, show or forbear or that he accepted the gratification without intending to do so, show or forbear or that he did not in fact do so, show or forbear or that the act, favour or disfavour was not in relation to his principal’s affairs or business. (2) Where, in any proceedings against any person for any offence under section 6( b ), it is proved that he corruptly gave, agreed to give or offered any gratification to any agent as an inducement or reward for doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person having reason to believe or suspect that the agent had the power, right or opportunity to do so, show or forbear and that the act, favour or disfavour was in relation to his principal’s affairs or business, he shall be guilty of an offence under that section notwithstanding that the agent had no power, right or opportunity or that the act, favour or disfavour was not in relation to his principal’s affairs or business.


document_id: pca-1960
provision_ref: s10
chapter: PART 3 - OFFENCES AND PENALTIES
section: 10
title: Corruptly procuring withdrawal of tenders
content:
10. A person — ( a ) who, with intent to obtain from the Government or any public body a contract for performing any work, providing any service, doing anything, or supplying any article, material or substance, offers any gratification to any person who has made a tender for the contract, as an inducement or a reward for his withdrawing that tender; or ( b ) who solicits or accepts any gratification as an inducement or a reward for his withdrawing a tender made by him for that contract, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 7 years or to both.


document_id: pca-1960
provision_ref: s11
chapter: PART 3 - OFFENCES AND PENALTIES
section: 11
title: Bribery of Member of Parliament
content:
11. Any person — ( a ) who offers any gratification to a Member of Parliament as an inducement or reward for such Member’s doing or forbearing to do any act in his capacity as such Member; or ( b ) who being a Member of Parliament solicits or accepts any gratification as an inducement or a reward for his doing or forbearing to do any act in his capacity as such Member, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 7 years or to both.


document_id: pca-1960
provision_ref: s12
chapter: PART 3 - OFFENCES AND PENALTIES
section: 12
title: Bribery of member of public body
content:
12. A person — ( a ) who offers any gratification to any member of a public body as an inducement or reward for — (i) the member’s voting or abstaining from voting at any meeting of the public body in favour of or against any measure, resolution or question submitted to that public body; (ii) the member’s performing, or abstaining from performing, or his aid in procuring, expediting, delaying, hindering or preventing the performance of, any official act; or (iii) the member’s aid in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; or ( b ) who, being a member of a public body, solicits or accepts any gratification as an inducement or a reward for any such act, or any such abstaining, as is referred to in paragraph ( a )(i), (ii) and (iii), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 7 years or to both.


document_id: pca-1960
provision_ref: s13
chapter: PART 3 - OFFENCES AND PENALTIES
section: 13
title: When penalty to be imposed in addition to other punishment
content:
13. —(1) Where a court convicts any person of an offence committed by the acceptance of any gratification in contravention of any provision of this Act, then, if that gratification is a sum of money or if the value of that gratification can be assessed, the court shall, in addition to imposing on that person any other punishment, order him to pay as a penalty, within such time as may be specified in the order, a sum which is equal to the amount of that gratification or is, in the opinion of the court, the value of that gratification, and any such penalty shall be recoverable as a fine. (2) Where a person charged with 2 or more offences for the acceptance of gratification in contravention of this Act is convicted of one or some of those offences, and the other outstanding offences are taken into consideration by the court under section 148 of the Criminal Procedure Code 2010 for the purpose of passing sentence, the court may increase the penalty mentioned in subsection (1) by an amount not exceeding the total amount or value of the gratification specified in the charges for the offences so taken into consideration. [15/2010]


document_id: pca-1960
provision_ref: s14
chapter: PART 3 - OFFENCES AND PENALTIES
section: 14
title: Principal may recover amount of secret gift
content:
14. —(1) Where any gratification has, in contravention of this Act, been given by any person to an agent, the principal may recover as a civil debt the amount or the money value thereof either from the agent or from the person who gave the gratification to the agent, and no conviction or acquittal of the defendant in respect of an offence under this Act shall operate as a bar to proceedings for the recovery of that amount or money value. (2) Nothing in this section shall be deemed to prejudice or affect any right which any principal may have under any written law or rule of law to recover from his agent any money or property.


document_id: pca-1960
provision_ref: s15
chapter: PART 4 - POWERS OF ARREST AND INVESTIGATION
section: 15
title: Powers of arrest
content:
15. —(1) The Director or any special investigator may without a warrant arrest any person who has been concerned in any offence under this Act or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned. (2) The Director or a special investigator arresting a person under subsection (1) may search such person and take possession of all articles found upon him which there is reason to believe were the fruits or other evidence of the crime, provided that no female shall be searched except by a female. (3) Every person so arrested shall be taken to the Corrupt Practices Investigation Bureau or to a police station.


document_id: pca-1960
provision_ref: s15A
chapter: PART 4 - POWERS OF ARREST AND INVESTIGATION
section: 15A
title: Director and officers to be armed
content:
15A. —(1) Every relevant officer of the Corrupt Practices Investigation Bureau shall be provided with such staves, arms, ammunition and other accoutrements as may be necessary for the effective discharge of his duties. [2/2012] (2) In subsection (1), “relevant officer of the Corrupt Practices Investigation Bureau” means the Director, a deputy director, an assistant director or a special investigator of the Corrupt Practices Investigation Bureau. [2/2012]


document_id: pca-1960
provision_ref: s16
chapter: PART 4 - POWERS OF ARREST AND INVESTIGATION
section: 16
title: Provisions as to bail or bond
content:
16. —(1) A person who has been arrested by the Director or any special investigator may be released on bail or on his own bond granted by the Director or any special investigator or any police officer. (2) The provisions of Division 5 of Part 6 of the Criminal Procedure Code 2010 shall apply to any bail or bond granted under this section; and for this purpose — ( a ) any reference to “officer”, “police officer” or “police officer not below the rank of sergeant” shall be read to include the Director or any special investigator; ( b ) the reference to the Commissioner of Police in section 92 of the Criminal Procedure Code 2010 shall be read to include the Director. [15/2010]


document_id: pca-1960
provision_ref: s17
chapter: PART 4 - POWERS OF ARREST AND INVESTIGATION
section: 17
title: Powers of investigation
content:
17. —(1) In any case relating to the commission — ( a ) of an offence under section 165 or under sections 213 to 215 of the Penal Code 1871, or of any conspiracy to commit, or of any attempt to commit, or of any abetment of such an offence; ( b ) of an offence under this Act; or ( c ) of any arrestable offence under any written law which may be disclosed in the course of an investigation under this Act, the Director or a special investigator may, without the order of the Public Prosecutor, exercise all or any of the powers in relation to police investigations into any offence given by the Criminal Procedure Code 2010: Provided that an investigation into an offence under the Penal Code 1871 shall be deemed to be a police investigation to which sections 23 and 258 of the Criminal Procedure Code 2010 shall apply in the same manner and to the same extent as if the Director or the special investigator concerned were a police officer. [15/2010] (2) For the purpose of sections 20(1) and 258(2) of the Criminal Procedure Code 2010, the Director or a special investigator shall be deemed to be an officer not below the rank of inspector of police. [15/2010]


document_id: pca-1960
provision_ref: s18
chapter: PART 4 - POWERS OF ARREST AND INVESTIGATION
section: 18
title: Special powers of investigation
content:
18. —(1) Notwithstanding anything in any other law, the Public Prosecutor, if satisfied that there are reasonable grounds for suspecting that an offence under this Act has been committed, may, by order, authorise the Director or any police officer of or above the rank of assistant superintendent named in such order or a special investigator so named to make an investigation in the matter in such manner or mode as may be specified in that order. The order may authorise the investigation of any bank account, share account, purchase account, expense account or any other account, or any safe deposit box in any bank, and shall be sufficient authority for the disclosure or production by any person of all or any information or accounts or documents or articles as may be required by the officer so authorised. (2) Any person who fails to disclose such information or to produce such accounts or documents or articles to the person so authorised 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 one year or to both.


document_id: pca-1960
provision_ref: s19
chapter: PART 4 - POWERS OF ARREST AND INVESTIGATION
section: 19
title: Powers of investigation authorised by Public Prosecutor
content:
19. The Public Prosecutor may by order authorise the Director or a special investigator to exercise, in the case of any offence under any written law, all or any of the powers in relation to police investigations given by the Criminal Procedure Code 2010.


document_id: pca-1960
provision_ref: s20
chapter: PART 4 - POWERS OF ARREST AND INVESTIGATION
section: 20
title: Public Prosecutor’s power to order inspection of bankers’ books
content:
20. —(1) The Public Prosecutor may, if he considers that any evidence of the commission of an offence under this Act or under sections 161 to 165 or 213 to 215 of the Penal Code 1871 or of a conspiracy to commit, or an attempt to commit, or an abetment of any such offence by a person in the service of the Government or of any department thereof or of a public body is likely to be found in any banker’s book relating to that person, his wife or child or to a person reasonably believed by the Public Prosecutor to be a trustee or agent for that person, by order authorise the Director or any special investigator named in the order or any police officer of or above the rank of assistant superintendent so named to inspect any book and the Director, special investigator or police officer so authorised may, at all reasonable times, enter the bank specified in the order and inspect the books kept therein and may take copies of any relevant entry in any such book. (2) For the purpose of this section — “bank” means any company carrying on the business of bankers in Singapore incorporated or licensed under any written law; “banker’s book” includes any ledger, day book, cash book, account book or other book or document used in the ordinary course of the business of a bank. [37/98]


document_id: pca-1960
provision_ref: s21
chapter: PART 4 - POWERS OF ARREST AND INVESTIGATION
section: 21
title: Public Prosecutor’s powers to obtain information
content:
21. —(1) In the course of any investigation or proceedings into or relating to an offence by any person in the service of the Government or of any department thereof or of any public body under this Act or under sections 161 to 165 or 213 to 215 of the Penal Code 1871 or a conspiracy to commit, or an attempt to commit, or an abetment of any such offence, the Public Prosecutor may, notwithstanding anything in any other written law to the contrary, by written notice — ( a ) require that person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by that person and by the spouse, sons and daughters of that person, and specifying the date on which each of the properties enumerated was acquired whether by way of purchase, gift, bequest, inheritance or otherwise; ( b ) require that person to furnish a sworn statement in writing of any money or other property sent out of Singapore by him, his spouse, sons and daughters during such period as may be specified in the notice; ( c ) require any other person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by that person where the Public Prosecutor has reasonable grounds to believe that the information can assist the investigation; ( d ) require the Comptroller of Income Tax to furnish, as specified in the notice, all information available to the Comptroller relating to the affairs of that person or of the spouse or a son or daughter of that person, and to produce or furnish, as specified in the notice, any document or a certified copy of any document relating to that person, spouse, son or daughter which is in the possession or under the control of the Comptroller; ( e ) require the person in charge of any department, office or establishment of the Government, or the president, chairman, manager or chief executive officer of any public body to produce or furnish, as specified in the notice, any document or a certified copy of any document which is in his possession or under his control; ( f ) require the manager of any bank to give copies of the accounts of that person or of the spouse or a son or daughter of that person at the bank. (2) Every person to whom a notice is sent by the Public Prosecutor under subsection (1) shall, notwithstanding the provisions of any written law or any oath of secrecy to the contrary, comply with the terms of that notice within such time as may be specified therein and any person who wilfully neglects or fails so to comply 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 one year or to both.


document_id: pca-1960
provision_ref: s22
chapter: PART 4 - POWERS OF ARREST AND INVESTIGATION
section: 22
title: Powers of search and seizure
content:
22. —(1) Whenever it appears to any Magistrate or to the Director upon information and after such inquiry as he thinks necessary that there is reasonable cause to believe that in any place there is any document containing any evidence of, or any article or property relating to — ( a ) the commission of an offence under this Act, or under sections 161 to 165, or 213 to 215, of the Penal Code 1871; or ( b ) a conspiracy to commit, or any attempt to commit, or an abetment of any such offence, the Magistrate or the Director may, by warrant directed to any special investigator or police officer not below the rank of inspector empower the special investigator or police officer to enter that place by force if necessary and to search, seize and detain any such document, article or property. (2) Whenever it appears to any special investigator or any police officer not below the rank of inspector that there is reasonable cause to believe that in any place there is concealed or deposited any document containing any evidence of, or any article or property relating to — ( a ) the commission of an offence under this Act, or under sections 161 to 165, or 213 to 215, of the Penal Code 1871; or ( b ) a conspiracy to commit, or an attempt to commit, or an abetment of any such offence, and the special investigator or police officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the object of the search is likely to be frustrated, he may exercise in and in respect of that place all the powers mentioned in subsection (1) in as full and ample a manner as if he were empowered to do so by warrant issued under that subsection.


document_id: pca-1960
provision_ref: s23
chapter: PART 5 - EVIDENCE
section: 23
title: Evidence of custom inadmissible
content:
23. In any civil or criminal proceeding under this Act evidence shall not be admissible to show that any such gratification as is mentioned in this Act is customary in any profession, trade, vocation or calling.


document_id: pca-1960
provision_ref: s24
chapter: PART 5 - EVIDENCE
section: 24
title: Evidence of pecuniary resources or property
content:
24. —(1) In any trial or inquiry by a court into an offence under this Act or under sections 161 to 165 or 213 to 215 of the Penal Code 1871 or into a conspiracy to commit, or attempt to commit, or an abetment of any such offence the fact that an accused person is in possession, for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income, or that he had, at or about the time of the alleged offence, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken into consideration by the court as corroborating the testimony of any witness in the trial or inquiry that the accused person accepted or obtained or agreed to accept or attempted to obtain any gratification and as showing that the gratification was accepted or obtained or agreed to be accepted or attempted to be obtained corruptly as an inducement or reward. (2) An accused person shall, for the purposes of subsection (1), be deemed to be in possession of resources or property or to have obtained an accretion thereto where those resources or property are held or the accretion is obtained by any other person whom, having regard to his relationship to the accused person or to any other circumstances, there is reason to believe to be holding those resources or property or to have obtained the accretion in trust for or on behalf of the accused person or as a gift from the accused person.


document_id: pca-1960
provision_ref: s25
chapter: PART 5 - EVIDENCE
section: 25
title: Evidence of accomplice
content:
25. Notwithstanding any rule of law or written law to the contrary, no witness shall, in any such trial or inquiry as is referred to in section 24, be presumed to be unworthy of credit by reason only of any payment or delivery by him or on his behalf of any gratification to an agent or member of a public body.


document_id: pca-1960
provision_ref: s26
chapter: PART 6 - MISCELLANEOUS
section: 26
title: Obstruction of search
content:
26. Any person who — ( a ) refuses the Director or any officer authorised to enter or search, access to any place; ( b ) assaults, obstructs, hinders or delays him in effecting any entrance which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; ( c ) fails to comply with any lawful demands of the Director or any officer in the execution of his duty under this Act; or ( d ) refuses or neglects to give any information which may reasonably be required of him and which he has it in his power to give, 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 one year or to both.


document_id: pca-1960
provision_ref: s27
chapter: PART 6 - MISCELLANEOUS
section: 27
title: Legal obligation to give information
content:
27. Every person required by the Director or any officer to give any information on any subject which it is the duty of the Director or that officer to inquire into under this Act and which it is in his power to give, shall be legally bound to give that information.


document_id: pca-1960
provision_ref: s28
chapter: PART 6 - MISCELLANEOUS
section: 28
title: False statements, information, etc.
content:
28. Any person who knowingly — ( a ) gives or causes to be given any false or misleading information relating to the commission of any offence under this Act or under section 165, 213, 214, or 215 of the Penal Code 1871; ( b ) gives or causes to be given to the Director or a special investigator any other false or misleading information, 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 one year or to both.


document_id: pca-1960
provision_ref: s29
chapter: PART 6 - MISCELLANEOUS
section: 29
title: Abetment of offences
content:
29. Whoever abets, within the meaning of the Penal Code 1871 — ( a ) the commission of an offence under this Act; or ( b ) the commission outside Singapore of any act, in relation to the affairs or business or on behalf of a principal residing in Singapore, which if committed in Singapore would be an offence under this Act, shall be deemed to have committed the offence and shall be liable on conviction to be punished with the punishment provided for that offence.


document_id: pca-1960
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS
section: 30
title: Attempts
content:
30. Whoever attempts to commit an offence punishable under this Act shall be deemed to have committed the offence and shall be liable on conviction to be punished with the punishment provided for that offence.


document_id: pca-1960
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS
section: 31
title: Conspiracy
content:
31. Whoever is a party to a criminal conspiracy, within the meaning of the Penal Code 1871, to commit an offence under this Act shall be deemed to have committed the offence and shall be liable on conviction to be punished with the punishment provided for that offence.


document_id: pca-1960
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS
section: 32
title: Offences to be arrestable
content:
32. —(1) Every offence under this Act shall be deemed to be an arrestable offence for the purposes of the Criminal Procedure Code 2010. (2) A public officer to whom any gratification is corruptly given or offered shall arrest the person who gives or offers the gratification to him and make over the person so arrested to the nearest police station and if he fails to do so without reasonable excuse he 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.


document_id: pca-1960
provision_ref: s33
chapter: PART 6 - MISCELLANEOUS
section: 33
title: Prosecutions to be instituted with consent of Public Prosecutor
content:
33. A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor.


document_id: pca-1960
provision_ref: s34
chapter: PART 6 - MISCELLANEOUS
section: 34
title: District Court to have jurisdiction to try offences under this Act
content:
34. Notwithstanding the provisions of any written law to the contrary, a District Court shall have jurisdiction to try any offence under this Act and to award the full punishment for that offence.


document_id: pca-1960
provision_ref: s35
chapter: PART 6 - MISCELLANEOUS
section: 35
title: Examination of offenders
content:
35. —(1) Whenever 2 or more persons are charged with any offence under this Act or under sections 161 to 165 or 213 to 215 of the Penal Code 1871 or with a conspiracy to commit, or an attempt to commit, or an abetment of any such offence, the court may require one or more of them to give evidence as a witness or witnesses for the prosecution. (2) Any such person who refuses to be sworn or to answer any lawful question shall be dealt with in the same manner as witnesses so refusing may by law be dealt with by a Magistrate’s Court or District Court, as the case may be. (3) Every person so required to give evidence, who in the opinion of the court makes true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the hand of the Magistrate or Judge, as the case may be, stating that he has made a true and full discovery of all things as to which he was examined, and that certificate shall be a bar to all legal proceedings against him in respect of all those things.


document_id: pca-1960
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS
section: 36
title: Protection of informers
content:
36. —(1) Except as hereinafter provided, no complaints as to an offence under this Act shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his discovery. (2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further. (3) If on a trial for any offence under this Act the court, after full inquiry into the case, is of the opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court is of the opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.


document_id: pca-1960
provision_ref: s37
chapter: PART 6 - MISCELLANEOUS
section: 37
title: Liability of citizens of Singapore for offences committed outside Singapore
content:
37. —(1) The provisions of this Act have effect, in relation to citizens of Singapore, outside as well as within Singapore; and where an offence under this Act is committed by a citizen of Singapore in any place outside Singapore, he may be dealt with in respect of that offence as if it had been committed within Singapore. (2) Any proceedings against any person under this section which would be a bar to subsequent proceedings against that person for the same offence, if the offence had been committed in Singapore, shall be a bar to further proceedings against him, under any written law for the time being in force relating to the extradition of persons, in respect of the same offence outside Singapore.


document_id: pcemo-1903
provision_ref: s2
section: 2
title:
The Senior Missionary in Singapore of the Foreign Missions of the Presbyterian Church of England to be a body corporate

content:
2. —(1) The Reverend John Angus Bethune Cook and his successors for the time being in the office of Senior Missionary of the said Committee duly qualified as hereinafter provided shall be a body corporate (hereinafter called the Corporation) and shall for the purposes of this Ordinance have the name of “The Senior Missionary in Singapore of the Foreign Missions of the Presbyterian Church of England”, and by that name have perpetual succession, and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered, or made anew as the Corporation thinks fit. (3) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may sell, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of any movable and immovable property vested in the Corporation upon such terms as the Corporation thinks fit.


document_id: pcemo-1903
provision_ref: s3
section: 3
title: Use of corporate seal
content:
3. —(1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the Reverend John Angus Bethune Cook, or his attorney duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886, or in the presence of his successor for the time being in the office of Senior Missionary, or his attorney duly authorised as aforesaid, and shall also be signed by the said John Angus Bethune Cook or his attorney, or by his successor or his attorney. (2) Such signing shall be sufficient evidence of the due sealing of such deeds, documents and other instruments.


document_id: pcemo-1903
provision_ref: s4
section: 4
title: Qualification of Senior Missionary
content:
4. —(1) No successor of the said John Angus Bethune Cook in the office of Senior Missionary of the said Committee shall be deemed to be duly qualified as aforesaid unless and until he has caused an extract from the minutes of the Foreign Missions Committee of the Presbyterian Church of England appointing him such Senior Missionary, certified as correct by the Convenor of the Foreign Missions Committee of the Presbyterian Church of England, to have been filed in the office of the Minister, and unless and until a notification of such filing has appeared in the Gazette . (2) Such notification shall be sufficient evidence of the appointment and that the person named therein is duly qualified as required by this Ordinance.


document_id: pcemo-1903
provision_ref: s5
section: 5
title: Property vested in Corporation
content:
5. Each of the pieces of land mentioned in the preamble is hereby vested in the Corporation for an estate in fee simple, or for the residue of the term of years under which the same is held, as the case may be, free from all trusts whatever.


document_id: pcemo-1903
provision_ref: s6
section: 6
title: Saving of rights of the Government, etc.
content:
6. Nothing in this Ordinance shall affect the rights of the Government, or of any bodies politic or corporate, or of any other persons except those mentioned in this Ordinance, and those claiming by, from or under them. [7/97]


document_id: pco-1876
provision_ref: s2
section: 2
title: Power to sell land comprised in Indenture No. 215
content:
2. The said trustees, William Jeffrey, John James Greenshields, Matthew Little, Robert Jamie, John Anderson, Robert Little, M.D., and John Stowe Young, or the survivors of them, or any 2 or more of such surviving trustees who are for the time being resident within the Colony may sell and dispose of the said piece or parcel of land comprised in and demised by the hereinbefore recited indenture of lease, No. 215, made between the said United Company of Merchants of England trading to the East Indies, of the one part, and the said C. H. Thompson, of the other part, dated 25 January 1827, and also all erections and buildings which have been erected and are now standing on the said premises, with power also to execute assurances, give effectual receipts for the purchase money, and do all other acts and things for completing such sale as they, or the survivors of them, or any 2 or more of such survivors, think proper.


document_id: pco-1876
provision_ref: s3
section: 3
title: Application of proceeds of sale
content:
3. —(1) The moneys to arise from such sale, after deducting the costs and expenses attending the sale or otherwise incurred in relation thereto, shall be paid to the trustees, or continuing acting trustees for the time being, of the said piece or parcel of land so granted by Her Majesty the Queen as hereinbefore mentioned for the purpose of erecting and building on such land or any part thereof a new church or chapel or other place of worship for the use of the members and congregation of the said Presbyterian Church in Singapore, and shall be applied by such trustees to the building of such church or chapel only. (2) The building when erected shall be held subject to the trusts set out in the grant above recited, and dated 6 May 1875. (3) The receipts for the purchase money given by the persons exercising the power of sale hereby conferred shall be sufficient discharges to the purchasers, who shall not be bound to see to the application of such purchase money.


document_id: pda-2022
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Public Defenders Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: pda-2022
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “aided accused person” means an individual who is issued a Grant of Aid; “assigned solicitor” means a solicitor from an appropriate panel of solicitors established under section 4 who is assigned any matter mentioned in section 4(1)( a ) or ( b ) by the Chief Public Defender; “Chief Public Defender” means the Chief Public Defender appointed under section 3(1); “court” means any court of competent jurisdiction in Singapore before which any proceedings are heard; “criminal appeal” means any appeal under Part 20 of the Criminal Procedure Code 2010; “criminal application” means — ( a ) any application for review of an earlier decision, a case to be stated, a criminal reference or a criminal revision of a case under Division 1B, 2, 3 or 4 of Part 20 of the Criminal Procedure Code 2010, and includes any case stated or revision of a case on a court’s own motion or any criminal reference by the Public Prosecutor mentioned in that Part; or ( b ) any criminal motion under Division 5 of Part 20 of the Criminal Procedure Code 2010; “criminal defence aid” means criminal defence aid granted under this Act; “excluded offence” has the meaning given by section 8(2); “Grant of Aid” means a document issued under section 12 or 20 stating that criminal defence aid is granted to an individual (whether on a provisional basis or otherwise); “minor” means an individual who is below 21 years of age; “permanent resident” means a permanent resident of Singapore as defined by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “proceedings” means any proceedings mentioned in section 8(1) or 12(8) in respect of which a Grant of Aid may be or is issued; “public defender” means a public officer or any other individual appointed under section 3(6); “solicitor” means an advocate and solicitor of the Supreme Court. (2) For the purposes of this Act, a guardian of a minor is — ( a ) a parent (whether biological or adoptive) of the minor; ( b ) an individual who, not being a parent of the minor, is lawfully appointed by deed or will or by an order of a competent court to be the guardian of the minor; or ( c ) any other individual whom the Chief Public Defender has reasonable grounds to believe — (i) has for the time being the charge, custody, or care and control, of the minor; or (ii) is for the time being making financial provision for the support of the minor.


document_id: pda-2022
provision_ref: s3
chapter: PART 2 - APPOINTMENT OF CHIEF PUBLIC DEFENDER,
section: 3
title: Appointment of Chief Public Defender, etc.
content:
3. —(1) The Minister must appoint a Chief Public Defender who is responsible for carrying out this Act and for the administration of the Public Defender’s Office. (2) In addition, the Minister may appoint any number of Deputy Chief Public Defenders and Assistant Chief Public Defenders that the Minister considers necessary to assist the Chief Public Defender. (3) An individual must not be appointed to be or to act temporarily as the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender unless the individual is — ( a ) a qualified person as defined in section 2(1) of the Legal Profession Act 1966; or ( b ) a solicitor. (4) A Deputy Chief Public Defender and an Assistant Chief Public Defender have all the powers and may perform all the functions of the Chief Public Defender, except the powers exercisable under subsection (6). (5) Except in subsection (6), or unless the context otherwise requires, any reference in this Act to the Chief Public Defender includes a reference to a Deputy Chief Public Defender or an Assistant Chief Public Defender. (6) The Chief Public Defender may — ( a ) appoint any number of public officers and other individuals that the Chief Public Defender considers necessary and whom the Chief Public Defender considers are duly qualified and experienced, as public defenders for the purpose of assisting the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender, in carrying out any of their functions under this Act; and ( b ) assign to those appointed public officers and other individuals any functions as the Chief Public Defender considers appropriate for the purpose mentioned in paragraph ( a ). (7) Every public defender who is not a public officer is deemed to be a public servant within the meaning of the Penal Code 1871 in relation to his or her carrying out of any function as a public defender. (8) Despite any other written law, for the purposes of this Act, the following individuals have the right to appear and plead in all courts according to the law in force in those courts: ( a ) the Chief Public Defender and every Deputy Chief Public Defender or Assistant Chief Public Defender; ( b ) a public defender who is assigned under subsection (6)( b ) any function that requires the public defender to appear and plead in those courts.


document_id: pda-2022
provision_ref: s4
chapter: PART 2 - APPOINTMENT OF CHIEF PUBLIC DEFENDER,
section: 4
title: Panels of solicitors
content:
4. —(1) The Chief Public Defender may, if he or she considers necessary, establish one or more panels of solicitors for one or both of the following purposes: ( a ) in relation to an application for criminal defence aid, to investigate and make a report on the application, or to give any opinion on the application or on any question of law arising out of the application; ( b ) to act for individuals receiving criminal defence aid. (2) Separate panels may be established for different purposes and for different courts. (3) The Chief Public Defender may determine — ( a ) the term of appointment of a solicitor to a panel and the conditions (if any) of his or her appointment; and ( b ) the assignment of any matter mentioned in subsection (1)( a ) or ( b ) to the solicitor. (4) A solicitor appointed to a panel under subsection (1) is entitled to have the solicitor’s name on the panel during his or her term of appointment, unless there is any ground under section 5(1) for the solicitor’s exclusion or removal from the panel. (5) Despite any privilege arising out of the relationship between solicitor and client, a solicitor has a duty to disclose any information or give any opinion to the Chief Public Defender which may enable the Chief Public Defender to perform the Chief Public Defender’s functions under this Act, including any information or opinion that may reasonably be taken into account — ( a ) by the Chief Public Defender in determining whether — (i) to refuse an application for criminal defence aid; or (ii) to vary or cancel a Grant of Aid issued to an aided accused person; or ( b ) by a board mentioned in section 12(1)( c )(ii) in determining whether there are merits to an application for criminal defence aid in accordance with that provision.


document_id: pda-2022
provision_ref: s5
chapter: PART 2 - APPOINTMENT OF CHIEF PUBLIC DEFENDER,
section: 5
title: Exclusion or removal of solicitor
content:
5. —(1) The Chief Public Defender may exclude or remove (whether permanently or temporarily) a solicitor from a panel — ( a ) in the case of a solicitor appointed to a panel for the purpose mentioned in section 4(1)( b ), if the solicitor’s practising certificate ceases to be in force for any reason; ( b ) if the solicitor has requested that the Chief Public Defender remove the solicitor from the panel; ( c ) if the solicitor has shown by his or her conduct when assigned to act for aided accused persons, or by his or her professional conduct generally, that the solicitor is not suitable to remain on the panel; or ( d ) if, in the opinion of the Chief Public Defender — (i) the solicitor is not suitable to be or to remain on the panel for any other reason; or (ii) it is necessary or expedient to exclude or remove the solicitor from the panel for any other reason. (2) Where a solicitor is aggrieved by a decision of the Chief Public Defender under subsection (1), the solicitor may appeal to the General Division of the High Court against the decision. (3) The General Division of the High Court may confirm or quash the decision appealed against or may substitute that decision as the General Division of the High Court thinks fit, and the decision of the General Division of the High Court is final.


document_id: pda-2022
provision_ref: s6
chapter: PART 2 - APPOINTMENT OF CHIEF PUBLIC DEFENDER,
section: 6
title: Fees for solicitors
content:
6. —(1) Subject to subsection (2) and regulations made under section 25, the Chief Public Defender may pay to a solicitor any fees agreed between the Chief Public Defender and the solicitor for any work mentioned in section 4(1)( a ) or ( b ) done by the solicitor. (2) In determining the fees to be agreed with a solicitor, the Chief Public Defender must have regard to whether the fees are reasonable and proportionate taking into account all relevant circumstances, including but not limited to — ( a ) the complexity, difficulty or novelty of the issues or questions of law involved; ( b ) the skill, specialised knowledge and responsibility required of, and the time and labour expended by, the solicitor; ( c ) the number of charges brought against the applicant for criminal defence aid or the aided accused person, and the severity of the punishment for the offences concerned; and ( d ) the requirement to maintain the accessibility and affordability of criminal defence aid taking into account the means and other circumstances of individuals eligible for criminal defence aid.


document_id: pda-2022
provision_ref: s7
chapter: PART 2 - APPOINTMENT OF CHIEF PUBLIC DEFENDER,
section: 7
title: Protection from personal liability
content:
7. —(1) Subsection (2) applies where an act is done or an omission is made — ( a ) by the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender in the exercise or purported exercise of a function under this Act (except the provision of any legal advice or legal representation to an aided accused person in any proceedings to which a Grant of Aid relates); ( b ) by a solicitor in the exercise or purported exercise of a function under section 4(1)( a ) (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(5)); ( c ) by a solicitor who is a member of a board mentioned in section 12(1)( c )(ii) in the exercise or purported exercise of a function to give an opinion whether there are merits to an application under section 12(1)( c ) or 20 (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(5)); or ( d ) by a person authorised by the Minister under section 12(9), in the exercise or purported exercise of the power under section 12(7)( b ). (2) No liability shall lie personally against any person mentioned in subsection (1) who did the act or made the omission if the act was done or the omission was made in good faith and with reasonable care. (3) In subsection (1), “function” includes power and duty and “exercise of a function” includes performance of a duty.


document_id: pda-2022
provision_ref: s8
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 8
title: Scope of criminal defence aid
content:
8. —(1) Subject to section 12(8), criminal defence aid may be granted to a citizen or permanent resident of Singapore in respect of any of the following proceedings: ( a ) any criminal proceedings instituted against him or her in respect of an offence that is not an excluded offence; ( b ) any proceedings relating to a criminal appeal or a criminal application arising from any criminal proceedings mentioned in paragraph ( a ). (2) In subsection (1), an excluded offence is — ( a ) an offence specified as an excluded offence in the Schedule; or ( b ) an offence belonging to any excluded class of offences specified in the Schedule. (3) The Minister may, by order in the Gazette , amend the Schedule. (4) The Minister may, in an order under subsection (3), make provisions of a saving or transitional nature consequent on the enactment of the order as the Minister considers necessary or expedient. (5) All orders made under subsection (3) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pda-2022
provision_ref: s9
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 9
title: General provisions for application for criminal defence aid
content:
9. —(1) Subject to this section and section 10, any individual who wishes to receive criminal defence aid may apply to the Chief Public Defender for the grant of criminal defence aid. (2) An application for the grant of criminal defence aid must be — ( a ) made in the form and manner required by the Chief Public Defender; and ( b ) accompanied by any documents and information required by the Chief Public Defender. (3) Subject to subsection (4), where an application for the grant of criminal defence aid is not approved under section 12 or 20, the Chief Public Defender may refuse to consider any subsequent application for the grant of criminal defence aid in respect of the same matter. (4) Subsection (3) does not apply if the Chief Public Defender is of the opinion that there are reasonable grounds to believe that there is any change in circumstances despite the subsequent application being in respect of the same matter.


document_id: pda-2022
provision_ref: s10
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 10
title: Special provisions for application for criminal defence aid for minor
content:
10. —(1) An application for the grant of criminal defence aid to a minor must be made on behalf of the minor by a guardian of the minor. (2) Where an application is made under subsection (1), a reference in this Act to an applicant for criminal defence aid is to be construed as a reference to the minor except where provided otherwise. (3) Where — ( a ) an aided accused person was a minor when criminal defence aid was granted to him or her in respect of any proceedings; ( b ) those proceedings have not concluded on the date on which the aided accused person attains 21 years of age; and ( c ) the aided accused person wishes to continue receiving criminal defence aid in respect of those proceedings after attaining 21 years of age, the aided accused person must give to the Chief Public Defender a written consent in accordance with subsection (4) to continue receiving criminal defence aid in respect of those proceedings. (4) The written consent mentioned in subsection (3) must be — ( a ) given to the Chief Public Defender within the prescribed time after the aided accused person attains 21 years of age; and ( b ) in the form and manner required by the Chief Public Defender. (5) Every aided accused person who gives a written consent under subsection (3) is deemed to have made a fresh application for criminal defence aid in his or her own right.


document_id: pda-2022
provision_ref: s11
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 11
title: Power of Chief Public Defender to make inquiries, etc.
content:
11. —(1) Where an application is made for criminal defence aid, the Chief Public Defender may — ( a ) make any inquiries that the Chief Public Defender considers necessary with respect to the means and other circumstances of the applicant and the merits of the application; ( b ) require the applicant to provide any documents and information that the Chief Public Defender requires for the purpose of considering the application; ( c ) require the applicant to attend personally before the Chief Public Defender to answer questions about the application and the proceedings concerned; ( d ) refer the application or any matter arising out of the application to a solicitor from an appropriate panel of solicitors established under section 4, for any of the purposes mentioned in section 4(1)( a ); and ( e ) take or cause to be taken any steps that are necessary to conserve the interests of the applicant pending the determination of the application. (2) Where the application is made by the guardian of a minor, a reference to an applicant in subsection (1)( a ), ( b ) and ( c ) is to be construed as a reference to the guardian and the minor jointly or to either of them severally.


document_id: pda-2022
provision_ref: s12
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 12
title: Grant of Aid
content:
12. —(1) The Chief Public Defender may approve an application for criminal defence aid, and issue a Grant of Aid to an applicant in connection with any proceedings, if — ( a ) the Chief Public Defender is of the opinion that — (i) the applicant satisfies the prescribed means criteria; or (ii) if the applicant is an unmarried minor, the minor and the guardian who made the application on behalf of the minor satisfy the prescribed means criteria; ( b ) the applicant is a citizen or permanent resident of Singapore who — (i) is an accused person in any criminal proceedings mentioned in section 8(1)( a ); or (ii) is or is to be an appellant, an applicant, a respondent or a party, in a criminal appeal or criminal application mentioned in section 8(1)( b ); ( c ) either of the following applies: (i) in a case where the application for criminal defence aid is in respect of only one or more prescribed offences or offences in one or more prescribed classes of offences — the Chief Public Defender is of the opinion that there are merits to the application because — (A) the applicant requires legal representation to plead guilty; (B) there are reasonable grounds for defending the criminal proceedings mentioned in section 8(1)( a ); or (C) there are merits to the criminal appeal or criminal application mentioned in section 8(1)( b ), or reasonable grounds for contesting the criminal appeal or criminal application, as the case may be; (ii) in a case where the application for criminal defence aid is in respect of one or more offences that are not prescribed offences or not offences in one or more prescribed classes of offences — a board (consisting of the Chief Public Defender and at least 2 solicitors appointed to an appropriate panel of solicitors established under section 4) is, by the majority of its members, of the opinion that there are merits to the application because sub‑paragraph (i)(A), (B) or (C), whichever is applicable to the applicant’s case, is satisfied; and [Act 32 of 2024 wef 25/11/2024] ( d ) the Chief Public Defender is of the opinion that it is appropriate in the circumstances for the Grant of Aid to be issued to the applicant. (2) For the purposes of subsection (1)( d ), the Chief Public Defender is to have regard to, and give any weight that the Chief Public Defender considers appropriate to, any matter that he or she considers relevant, including but not limited to the following: ( a ) whether the applicant is likely to lose his or her personal liberty or livelihood, or to suffer serious damage to his or her reputation, if any matter arising in the proceedings is decided against the applicant; ( b ) whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law; ( c ) whether the proceedings may involve the tracing, interviewing or cross‑examination of witnesses on behalf of the applicant; ( d ) whether any benefit may accrue to, or any detriment may be suffered by, the applicant or the public (or a section of the public) if criminal defence aid were to be granted to the applicant; ( e ) whether the issue of the Grant of Aid to the applicant is appropriate taking into account — (i) the allocation of resources available to the Public Defender’s Office; and (ii) the availability of solicitors appointed to an appropriate panel of solicitors established under section 4. (3) For the purposes of subsection (2)( d ), the benefit or detriment concerned must not be determined by whether the interests of the applicant are, or may be, adverse to the interests of — ( a ) the prosecution; or ( b ) any law enforcement agency (as defined in section 2(1) of the Criminal Procedure Code 2010) that investigated the offence with which the applicant is charged or that charged the applicant with the offence. (4) Pending the determination of an application under subsection (1), the Chief Public Defender may despite that subsection approve an application for criminal defence aid, and issue a Grant of Aid on a provisional basis to an applicant in connection with any proceedings, if the Chief Public Defender is of the opinion that — ( a ) the applicant requires criminal defence aid as a matter of urgency; ( b ) subsection (1)( b ) applies; and ( c ) subsection (1)( a ), ( c ) and ( d ) is likely to apply. (5) Despite subsection (1), where the requirements of subsection (1)( a ), ( b ), ( c ) and ( d ) are satisfied in relation to an application, the Chief Public Defender may instead of approving the application and issuing a Grant of Aid to the applicant under that subsection, refer the application to any body or organisation providing pro bono legal services that the Chief Public Defender considers suitable. (6) A referral under subsection (5) in respect of an application does not prevent the Chief Public Defender from subsequently approving the application and issuing a Grant of Aid to the applicant under subsection (1), if the Chief Public Defender considers it appropriate in the circumstances. (7) Despite this section, the Minister may do either of the following: ( a ) authorise the Chief Public Defender to issue a Grant of Aid to an individual in connection with any proceedings, if the Minister is of the opinion that it is in the interests of justice that criminal defence aid be granted to the individual in that connection; ( b ) direct the Chief Public Defender to approve an application for criminal defence aid, and issue a Grant of Aid under subsection (1) or (4) to an applicant, even though the Chief Public Defender is of the opinion that — (i) the applicant does not satisfy; or (ii) the applicant is not likely to satisfy, the prescribed means criteria, if the Minister is of the opinion that it is just and proper that criminal defence aid be granted to the applicant. (8) Despite section 8(1), a Grant of Aid to be issued by the Chief Public Defender under subsection (1), (4) or (7) to an applicant may extend to any proceedings in respect of an excluded offence if — ( a ) the applicant faces charges for 2 or more offences (one or more of which is an excluded offence) in the criminal proceedings mentioned in subsection (1)( b )(i) before the court; or ( b ) the criminal appeal or criminal application for which the applicant is to be issued a Grant of Aid arises from the proceedings mentioned in paragraph ( a ). (9) For the purposes of subsection (7)( b ), the Minister may authorise any person (including a panel of persons), with such qualifications and experience as the Minister considers appropriate in relation to assessing the financial circumstances of an applicant, to exercise the power under that provision. (10) An authorisation under subsection (9) — ( a ) may be subject to any conditions and restrictions that the Minister may specify in writing; and ( b ) does not prevent the Minister from exercising the power under subsection (7)( b ). (11) Once an authorisation is made under subsection (9), the Minister must — ( a ) cause a copy of the authorisation to be given to the authorised person; and ( b ) without delay cause to be published a notice of the making and giving of the authorisation in the Gazette .


document_id: pda-2022
provision_ref: s13
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 13
title: Chief Public Defender, public defender or assigned solicitor to act for aided accused person, etc.
content:
13. —(1) Where a Grant of Aid is issued in connection with any proceedings — ( a ) the Chief Public Defender or a public defender is to act for the aided accused person; or ( b ) the Chief Public Defender may assign a solicitor from an appropriate panel of solicitors established under section 4 to act for the aided accused person. (2) Any reference to an advocate representing an accused person, or an advocate representing an appellant, a respondent, an applicant or a party (where the appellant, respondent, applicant or party is the accused), or words of the same meaning however expressed, in — ( a ) the Criminal Procedure Code 2010 or any rules made under that Code; or ( b ) any other written law applicable to any proceedings to which a Grant of Aid relates, is to be construed as including a reference to the Chief Public Defender or a public defender acting for an aided accused person under a Grant of Aid. (3) Before taking any other step in the proceedings, the Chief Public Defender, the public defender or the assigned solicitor (as the case may be) must notify the court before which the proceedings are conducted of the Grant of Aid issued to the aided accused person. (4) In addition, the court before which the proceedings are conducted must also be notified if — ( a ) a solicitor is subsequently assigned to act for the aided accused person after the court has been notified of the issue of a Grant of Aid; or ( b ) a different solicitor is assigned to act for the aided accused person in place of a solicitor previously assigned.


document_id: pda-2022
provision_ref: s14
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 14
title: Application for Grant of Aid by more than one accused person in same proceedings, etc.
content:
14. —(1) This section applies if — ( a ) an applicant for criminal defence aid or an aided accused person is an accused person, an appellant, a respondent or a party in any proceedings; and ( b ) any other accused person, appellant, respondent or party in the same proceedings makes an application for criminal defence aid. (2) The Chief Public Defender or a public defender (as the case may be) must not act for more than one accused person, appellant, respondent or party in the same proceedings.


document_id: pda-2022
provision_ref: s15
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 15
title: Variation of Grant of Aid
content:
15. —(1) The Chief Public Defender may vary a Grant of Aid in the prescribed circumstances. (2) The Chief Public Defender must take any steps that the Chief Public Defender considers reasonable or necessary to inform the aided accused person of the variation of the Grant of Aid.


document_id: pda-2022
provision_ref: s16
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 16
title: Cancellation of Grant of Aid
content:
16. —(1) The Chief Public Defender may cancel a Grant of Aid in the prescribed circumstances. (2) Where a court has been notified of a Grant of Aid under section 13 — ( a ) the Chief Public Defender, a public defender or the assigned solicitor (as the case may be) must notify the court of the cancellation of the Grant of Aid; and ( b ) the individual to whom the Grant of Aid was issued ceases to be an aided accused person on the date of the notification under paragraph ( a ). (3) The Chief Public Defender must take any steps that the Chief Public Defender considers reasonable or necessary to inform the individual to whom a Grant of Aid was issued of the cancellation of the Grant of Aid.


document_id: pda-2022
provision_ref: s17
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 17
title: Contributions
content:
17. —(1) The Chief Public Defender may require an individual to make one or more contributions — ( a ) in a lump sum or by instalments; and ( b ) by any time specified by the Chief Public Defender (which may be extended by the Chief Public Defender), in respect of any matter for which an application for criminal defence aid has been made by that individual. (2) Where an application mentioned in subsection (1) is made on behalf of a minor by a guardian of the minor, a reference in this section to an individual is to be construed as a reference to — ( a ) in the case where the minor is unmarried — both the guardian and the minor; and ( b ) in any other case — the minor only. (3) Where a court makes an order under the Criminal Procedure Code 2010 for the payment of any costs or compensation in favour of an aided accused person in relation to the proceedings for which criminal defence aid has been granted, the Chief Public Defender may require the aided accused person to make an additional contribution in respect of those proceedings. (4) The Chief Public Defender may reduce any contribution, or waive or refund the whole or any part of any contribution, that an individual is required to pay under this section. (5) If an individual fails to pay the whole or any part of any contribution when it becomes due and payable at the time specified by the Chief Public Defender, and the Chief Public Defender certifies that the expenses incurred in connection with the Grant of Aid have exceeded the total amount of contributions required to be paid by the individual, the amount of the unpaid contribution due and payable is recoverable as a debt due to the Government.


document_id: pda-2022
provision_ref: s18
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 18
title: Criminal defence aid not to discontinue without permission
content:
18. —(1) An aided accused person must not discharge a solicitor assigned to act for the aided accused person under this Act without the permission of the Chief Public Defender. (2) Subject to subsection (3), a solicitor assigned to act for an aided accused person must not discontinue the provision of criminal defence aid without the permission of the Chief Public Defender. (3) Subsection (2) does not apply to an assigned solicitor who instructs another solicitor, who is also appointed to the appropriate panel of solicitors established under section 4, to assist the assigned solicitor.


document_id: pda-2022
provision_ref: s19
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 19
title: Court may order payment of costs by aided accused person in certain circumstances
content:
19. —(1) Where it appears to a court that any of the circumstances mentioned in subsection (2) exists in relation to an aided accused person, the court may order the aided accused person to pay the costs of any of the following persons: ( a ) the Chief Public Defender and every public defender who acted for the aided accused person; ( b ) an assigned solicitor who acted for the aided accused person. (2) For the purposes of subsection (1), the circumstances are as follows: ( a ) the Grant of Aid issued to the aided accused person has been obtained by fraud or misrepresentation; ( b ) the aided accused person acted improperly in defending or contesting any proceedings, or in the conduct of those proceedings. (3) Where an order is made under subsection (1), the costs are to be assessed as if the party ordered to pay the costs were not an aided accused person. [Act 32 of 2024 wef 25/11/2024] (4) In subsection (1), “aided accused person” includes, in any case where the Grant of Aid has been cancelled before the making of the order, the individual who immediately before the cancellation was an aided accused person.


document_id: pda-2022
provision_ref: s20
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 20
title: Application by aided accused person for criminal defence aid for criminal appeal, etc.
content:
20. —(1) Where — ( a ) any criminal proceedings mentioned in section 12(1)( b )(i) for which a Grant of Aid was issued have concluded in any court; and ( b ) the aided accused person is or is to be an appellant, an applicant, a respondent or a party, in a criminal appeal or criminal application arising from those criminal proceedings, the aided accused person must make a fresh application to the Chief Public Defender, within the prescribed time, for criminal defence aid in connection with the criminal appeal or criminal application mentioned in paragraph ( b ). (2) Section 12 applies to the fresh application for criminal defence aid under subsection (1) with the necessary modifications. (3) Despite subsection (1), the Chief Public Defender may consider a fresh application for criminal defence aid that is made after the prescribed time mentioned in that subsection, if — ( a ) the aided accused person had filed the notice of appeal or the criminal application before making the fresh application; or ( b ) the Chief Public Defender is of the opinion that there are extenuating circumstances for not making the fresh application by that prescribed time.


document_id: pda-2022
provision_ref: s21
chapter: PART 3 - CRIMINAL DEFENCE AID
section: 21
title: Costs awarded against Chief Public Defender or public defender
content:
21. —(1) Any costs awarded against the Chief Public Defender or a public defender under the Criminal Procedure Code 2010 are to be paid out of the Consolidated Fund. (2) The Chief Public Defender or a public defender is not personally liable for any costs awarded against him or her.


document_id: pda-2022
provision_ref: s22
chapter: PART 4 - MISCELLANEOUS
section: 22
title: Privileges and rights attaching to certain relationships
content:
22. —(1) The same privileges and rights that arise from the relationship of solicitor and client, when a solicitor acts in the solicitor’s professional capacity and in the course of the solicitor’s professional employment, arise from the following relationships: ( a ) in relation to an application for criminal defence aid — (i) the relationship between the applicant for criminal defence aid, and the Chief Public Defender and every public defender to whom the application is referred; or (ii) the relationship between the applicant for criminal defence aid and an assigned solicitor to whom the Chief Public Defender refers the application; ( b ) in relation to a Grant of Aid — (i) the relationship between an aided accused person, and the Chief Public Defender and every public defender who acts for the aided accused person in any proceedings to which the Grant of Aid relates; or (ii) the relationship between an aided accused person and an assigned solicitor who acts for the aided accused person in any proceedings to which the Grant of Aid relates. (2) To avoid doubt, the same privileges and rights mentioned in subsection (1) and the relationship of solicitor and client do not arise between the Chief Public Defender, and the applicant or aided accused person mentioned in subsection (1)( a )(ii) or ( b )(ii) (as the case may be), by reason only of the Chief Public Defender — ( a ) referring the applicant’s application to a solicitor, or assigning a solicitor to act for the aided accused person; or ( b ) performing any of the Chief Public Defender’s functions imposed by or under this Act in respect of any other matter arising from the referral or assignment mentioned in paragraph ( a ). (3) To avoid doubt, the same privileges and rights mentioned in subsection (1) and the relationship of solicitor and client do not arise between the Chief Public Defender, and an individual whose application is referred by the Chief Public Defender under section 12(5) to a body or organisation providing pro bono legal services, by reason only of the Chief Public Defender referring the individual’s application to that body or organisation. (4) Despite subsection (1), the privileges mentioned in that subsection do not arise in relation to any information given to the Chief Public Defender concerning the means and other circumstances of the applicant in connection with an application for criminal defence aid. (5) To avoid doubt, except where provided by subsection (4) or section 4(5), the Chief Public Defender must ensure that nothing is done by the Chief Public Defender which interferes with the privileges and rights which arise from the relationship of solicitor and client mentioned in subsection (1)( a )(ii) or ( b )(ii). (6) Except where otherwise provided by or under this Act, the rights conferred by this Act on an individual receiving criminal defence aid are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of a court is normally exercised.


document_id: pda-2022
provision_ref: s23
chapter: PART 4 - MISCELLANEOUS
section: 23
title: False or misleading statement, etc.
content:
23. If an individual who applies for or receives criminal defence aid — ( a ) knowingly makes any false or misleading statement or representation in the application for criminal defence aid; ( b ) fails to make full and frank disclosure of the individual’s means; or ( c ) fails to inform the Chief Public Defender of any change to the means or other circumstances of the individual which may render him or her ineligible for criminal defence aid, the individual 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.


document_id: pda-2022
provision_ref: s24
chapter: PART 4 - MISCELLANEOUS
section: 24
title: Rules regulating procedure and practice of court
content:
24. Where it is necessary or expedient to do so for carrying out or giving effect to this Act — ( a ) the Criminal Procedure Rules Committee constituted under section 428A of the Criminal Procedure Code 2010 may make rules under section 428A(3) of that Code; or ( b ) the Minister may make rules under section 428A(15) of the Criminal Procedure Code 2010, regulating and prescribing the procedure and the practice to be followed in a court in proceedings against an aided accused person, and any matters incidental to or relating to that procedure or practice.


document_id: pda-2022
provision_ref: s25
chapter: PART 4 - MISCELLANEOUS
section: 25
title: Regulations
content:
25. —(1) The Minister may make regulations necessary or expedient for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the regulations may — ( a ) regulate all matters relating to fees for solicitors, charges and costs in connection with any work mentioned in section 4(1)( a ) or ( b ) (including costs to be incurred or incurred by an assigned solicitor for any matter that the assigned solicitor considers necessary for any work mentioned in section 4(1)( a ) or ( b )); ( b ) prescribe fees for applications for a Grant of Aid, and provide that the Chief Public Defender may reduce any fee, or waive or refund the whole or any part of any fee; ( c ) make provision for the circumstances in which a Grant of Aid may be varied or cancelled; ( d ) make provision for the recovery of contributions that are due and payable; ( e ) make any provision necessary to meet the circumstances where — (i) an individual is issued a Grant of Aid on a provisional basis; (ii) an individual receives criminal defence aid in respect of any proceedings after having consulted a solicitor in the ordinary way with respect to those proceedings, or ceases to receive criminal defence aid in respect of any proceedings before those proceedings have concluded; or (iii) there is any change of circumstances while an individual is receiving criminal defence aid; ( f ) make provision for the period when a Grant of Aid issued on a provisional basis is in force, and for matters relating to the lapse or extension of the Grant of Aid; and ( g ) prescribe all matters required or permitted to be prescribed under or for the purposes of this Act. (3) The regulations made under this section may apply — ( a ) generally to all legal matters (whether relating to proceedings in a court or otherwise); ( b ) to any specified class of matters or proceedings; or ( c ) to all matters or proceedings other than matters or proceedings of a specified class. (4) The regulations made under this section may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $2,000. (5) The powers conferred by this section do not extend to any matter for which rules under the Criminal Procedure Code 2010 may be made under section 24. (6) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pda-2022
provision_ref: s26
chapter: PART 4 - MISCELLANEOUS
section: 26
title: Related amendment to Evidence Act 1893
content:
26. Section 3 of the Evidence Act 1893 is amended by deleting subsection (6) and substituting the following subsection: “ (6) For the purposes of sections 23, 128, 130 and 131, a reference to “advocate or solicitor” in those sections includes a reference to the following: ( a ) any public officer in the Attorney‑General’s Chambers when he or she acts as an advocate or a solicitor; ( b ) the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender appointed under section 3 of the Public Defenders Act 2022, when he or she acts as an advocate or a solicitor. ”.


document_id: pda-2022
provision_ref: s27
chapter: PART 4 - MISCELLANEOUS
section: 27
title: Related amendments to Legal Profession Act 1966
content:
27. —(1) Section 29(2) of the Legal Profession Act 1966 is amended — ( a ) by deleting the word “and” at the end of paragraph ( e ); and ( b ) by deleting the full‑stop at the end of paragraph ( f ) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs: “ ( g ) the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender to appear and plead in those courts under the provisions of the Public Defenders Act 2022; and ( h ) a public defender mentioned in section 3(8)( b ) of the Public Defenders Act 2022 to appear and plead in those courts under the provisions of that Act. ”. (2) Section 34(1) of the Legal Profession Act 1966 is amended by inserting, immediately after paragraph ( ca ), the following paragraphs: “ ( cb ) the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender acting in the course of the functions of the Chief Public Defender, Deputy Chief Public Defender or Assistant Chief Public Defender (as the case may be) under the provisions of the Public Defenders Act 2022; ( cc ) a public defender appointed under section 3(6) of the Public Defenders Act 2022 acting in the course of that public defender’s functions under that Act; ”. (3) Section 82 of the Legal Profession Act 1966 is amended — ( a ) by deleting the full‑stop at the end of paragraph ( c ) of subsection (1) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraph: “ ( d ) a PD Officer. ”; ( b ) by inserting, immediately after subsection (2), the following subsection: “ (3) In this Part, “PD Officer” means — ( a ) the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender appointed under section 3 of the Public Defenders Act 2022; or ( b ) a public defender appointed under section 3(6) of the Public Defenders Act 2022 who is a public officer and a qualified person. ”; and ( c ) by deleting the words “and Legal Service Officers” in the section heading and substituting the words “, Legal Service Officers and PD Officers”. (4) Section 82A of the Legal Profession Act 1966 is amended — ( a ) by deleting the words “or Legal Service Officer” in subsection (1) and substituting the words “, Legal Service Officer or PD Officer”; ( b ) by inserting, immediately after the words “Legal Service Officers” in subsection (2), the words “, PD Officers”; ( c ) by inserting, immediately after the words “a Legal Service Officer” wherever they appear in subsection (3), the words “, a PD Officer”; ( d ) by inserting, immediately after the words “, Legal Service Officer” wherever they appear in subsections (4), (5), (6A), (8), (9), (10) and (12)( a ), the words “, PD Officer”; ( e ) by deleting the words “or a Legal Service Officer” in subsection (10) and substituting the words “, a Legal Service Officer or a PD Officer”; and ( f ) by deleting the words “and non‑practising solicitors” in the section heading and substituting the words “, PD Officers and non‑practising solicitors”. (5) Section 94A(3) of the Legal Profession Act 1966 is amended by deleting the words “or Legal Service Officer” and substituting the words “, Legal Service Officer or PD Officer”. (6) Section 98A(1) of the Legal Profession Act 1966 is amended by inserting, immediately after the words “, Legal Service Officer” wherever they appear, the words “, PD Officer”.


document_id: pda-2022
provision_ref: s28
chapter: PART 4 - MISCELLANEOUS
section: 28
title: Related amendments to Singapore Academy of Law Act 1988
content:
28. —(1) Section 2 of the Singapore Academy of Law Act 1988 is amended by inserting, immediately after the definition of “member”, the following definition: “ “PD Officer” means — ( a ) the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender appointed under section 3 of the Public Defenders Act 2022; or ( b ) a public defender appointed under section 3(6) of the Public Defenders Act 2022 who is a public officer and a qualified person; ”. (2) Section 14 of the Singapore Academy of Law Act 1988 is amended by deleting the words “or Legal Service Officer” in paragraph ( b ) and substituting the words “, Legal Service Officer or PD Officer”. (3) Section 16(1) of the Singapore Academy of Law Act 1988 is amended — ( a ) by deleting the words “or a Legal Service Officer” in paragraph ( b ) and substituting the words “, a Legal Service Officer or a PD Officer”; and ( b ) by deleting the words “or the Singapore Legal Service” in paragraph ( b ) and substituting the words “, the Singapore Legal Service or the Public Defender’s Office”.


document_id: pdpa-2012
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “advisory committee” means an advisory committee appointed under section 7; “Appeal Committee” means a Data Protection Appeal Committee constituted under section 48P(4), read with the Seventh Schedule; “Appeal Panel” means the Data Protection Appeal Panel established by section 48P(1); “authorised officer”, in relation to the exercise of any power or performance of any function or duty under any provision of this Act, means a person to whom the exercise of that power or performance of that function or duty under that provision has been delegated under section 38 of the Info‑communications Media Development Authority Act 2016; “Authority” means the Info‑communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016; “benefit plan” means an insurance policy, a pension plan, an annuity, a provident fund plan or other similar plan; “business” includes the activity of any organisation, whether or not carried on for purposes of gain, or conducted on a regular, repetitive or continuous basis, but does not include an individual acting in his or her personal or domestic capacity; “business contact information” means an individual’s name, position name or title, business telephone number, business address, business electronic mail address or business fax number and any other similar information about the individual, not provided by the individual solely for his or her personal purposes; “Chief Executive”, in relation to the Authority, means the Chief Executive of the Authority appointed under section 40(2) of the Info‑communications Media Development Authority Act 2016, and includes any individual acting in that capacity; “Commission” means the person designated as the Personal Data Protection Commission under section 5 to be responsible for the administration of this Act; “Commissioner” means the Commissioner for Personal Data Protection appointed under section 8(1)( a ), and includes any Deputy Commissioner for Personal Data Protection or Assistant Commissioner for Personal Data Protection appointed under section 8(1)( b ); “credit bureau” means an organisation which — ( a ) provides credit reports for gain or profit; or ( b ) provides credit reports on a routine, non‑profit basis as an ancillary part of a business carried on for gain or profit; “credit report” means a communication, whether in written, oral or other form, provided to an organisation to assess the creditworthiness of an individual in relation to a transaction between the organisation and the individual; “data intermediary” means an organisation which processes personal data on behalf of another organisation but does not include an employee of that other organisation; “derived personal data” — ( a ) means personal data about an individual that is derived by an organisation in the course of business from other personal data, about the individual or another individual, in the possession or under the control of the organisation; but ( b ) does not include personal data derived by the organisation using any prescribed means or method; “document” includes information recorded in any form; “domestic” means related to home or family; “education institution” means an organisation that provides education, including instruction, training or teaching, whether by itself or in association or collaboration with, or by affiliation with, any other person; “employee” includes a volunteer; “employment” includes working under an unpaid volunteer work relationship; “evaluative purpose” means — ( a ) the purpose of determining the suitability, eligibility or qualifications of the individual to whom the data relates — (i) for employment or for appointment to office; (ii) for promotion in employment or office or for continuance in employment or office; (iii) for removal from employment or office; (iv) for admission to an education institution; (v) for the awarding of contracts, awards, bursaries, scholarships, honours or other similar benefits; (vi) for selection for an athletic or artistic purpose; or (vii) for grant of financial or social assistance, or the delivery of appropriate health services, under any scheme administered by a public agency; ( b ) the purpose of determining whether any contract, award, bursary, scholarship, honour or other similar benefit should be continued, modified or cancelled; ( c ) the purpose of deciding whether to insure any individual or property or to continue or renew the insurance of any individual or property; or ( d ) such other similar purposes as the Minister may prescribe; “individual” means a natural person, whether living or deceased; “inspector” means an individual appointed as an inspector under section 8(1)( b ); “investigation” means an investigation relating to — ( a ) a breach of an agreement; ( b ) a contravention of any written law, or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or ( c ) a circumstance or conduct that may result in a remedy or relief being available under any law; “national interest” includes national defence, national security, public security, the maintenance of essential services and the conduct of international affairs; “organisation” includes any individual, company, association or body of persons, corporate or unincorporated, whether or not — ( a ) formed or recognised under the law of Singapore; or ( b ) resident, or having an office or a place of business, in Singapore; “personal data” means data, whether true or not, about an individual who can be identified — ( a ) from that data; or ( b ) from that data and other information to which the organisation has or is likely to have access; “prescribed healthcare body” means a healthcare body prescribed for the purposes of the Second Schedule by the Minister charged with the responsibility for health; “prescribed law enforcement agency” means an authority charged with the duty of investigating offences or charging offenders under written law, prescribed for the purposes of sections 21(4) and 26D(6) and the Second Schedule by the Minister charged with the responsibility for that authority; “private trust” means a trust for the benefit of one or more designated individuals who are the settlor’s friends or family members; “proceedings” means any civil, criminal or administrative proceedings by or before a court, tribunal or regulatory authority that is related to the allegation of — ( a ) a breach of an agreement; ( b ) a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or ( c ) a wrong or a breach of a duty for which a remedy is claimed under any law; “processing”, in relation to personal data, means the carrying out of any operation or set of operations in relation to the personal data, and includes any of the following: ( a ) recording; ( b ) holding; ( c ) organisation, adaptation or alteration; ( d ) retrieval; ( e ) combination; ( f ) transmission; ( g ) erasure or destruction; “public agency” includes — ( a ) the Government, including any ministry, department, agency, or organ of State; ( b ) any tribunal appointed under any written law; or ( c ) any statutory body specified under subsection (2); “publicly available”, in relation to personal data about an individual, means personal data that is generally available to the public, and includes personal data which can be observed by reasonably expected means at a location or an event — ( a ) at which the individual appears; and ( b ) that is open to the public; “relevant body” means the Commission, the Appeal Panel or any Appeal Committee; “tribunal” includes a judicial or quasi‑judicial body or a disciplinary, an arbitral or a mediatory body; “user activity data”, in relation to an organisation, means personal data about an individual that is created in the course or as a result of the individual’s use of any product or service provided by the organisation; “user‑provided data”, in relation to an organisation, means personal data provided by an individual to the organisation. [22/2016; 40/2020] (2) The Minister may, by notification in the Gazette , specify any statutory body established under a public Act for a public function to be a public agency for the purposes of this Act.


document_id: pdpa-2012
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purpose
content:
3. The purpose of this Act is to govern the collection, use and disclosure of personal data by organisations in a manner that recognises both the right of individuals to protect their personal data and the need of organisations to collect, use or disclose personal data for purposes that a reasonable person would consider appropriate in the circumstances.


document_id: pdpa-2012
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Application of Act
content:
4. —(1) Parts 3, 4, 5, 6, 6A and 6B do not impose any obligation on — ( a ) any individual acting in a personal or domestic capacity; ( b ) any employee acting in the course of his or her employment with an organisation; ( c ) any public agency; or ( d ) any other organisations or personal data, or classes of organisations or personal data, prescribed for the purposes of this provision. [40/2020] (2) Parts 3, 4, 5, 6 (except sections 24 and 25), 6A (except sections 26C(3)( a ) and 26E) and 6B do not impose any obligation on a data intermediary in respect of its processing of personal data on behalf of and for the purposes of another organisation pursuant to a contract which is evidenced or made in writing. [40/2020] (3) An organisation has the same obligation under this Act in respect of personal data processed on its behalf and for its purposes by a data intermediary as if the personal data were processed by the organisation itself. (4) This Act does not apply in respect of — ( a ) personal data about an individual that is contained in a record that has been in existence for at least 100 years; or ( b ) personal data about a deceased individual, except that the provisions relating to the disclosure of personal data and section 24 (protection of personal data) apply in respect of personal data about an individual who has been dead for 10 years or less. (5) Except where business contact information is expressly mentioned, Parts 3, 4, 5, 6 and 6A do not apply to business contact information. [40/2020] (6) Unless otherwise expressly provided in this Act — ( a ) nothing in Parts 3, 4, 5, 6, 6A and 6B affects any authority, right, privilege or immunity conferred, or obligation or limitation imposed, by or under the law, including legal privilege, except that the performance of a contractual obligation is not an excuse for contravening this Act; and ( b ) the provisions of other written law prevail to the extent that any provision of Parts 3, 4, 5, 6, 6A and 6B is inconsistent with the provisions of that other written law. [40/2020]


document_id: pdpa-2012
provision_ref: s5
chapter: PART 2 - PERSONAL DATA PROTECTION COMMISSION
section: 5
title: Personal Data Protection Commission
content:
5. —(1) The Info‑communications Media Development Authority is designated as the Personal Data Protection Commission. [22/2016] (2) The Personal Data Protection Commission is responsible for the administration of this Act. [22/2016]


document_id: pdpa-2012
provision_ref: s6
chapter: PART 2 - PERSONAL DATA PROTECTION COMMISSION
section: 6
title: Functions of Commission
content:
6. The functions of the Commission are — ( a ) to promote awareness of data protection in Singapore; ( b ) to provide consultancy, advisory, technical, managerial or other specialist services relating to data protection; ( c ) to advise the Government on all matters relating to data protection; ( d ) to represent the Government internationally on matters relating to data protection; ( e ) to conduct research and studies and promote educational activities relating to data protection, including organising and conducting seminars, workshops and symposia relating thereto, and supporting other organisations conducting such activities; ( f ) to manage technical cooperation and exchange in the area of data protection with other organisations, including foreign data protection authorities and international or inter‑governmental organisations, on its own behalf or on behalf of the Government; ( g ) to administer and enforce this Act; ( h ) to carry out functions conferred on the Commission under any other written law; and ( i ) to engage in such other activities and perform such functions as the Minister may permit or assign to the Commission by order in the Gazette .


document_id: pdpa-2012
provision_ref: s7
chapter: PART 2 - PERSONAL DATA PROTECTION COMMISSION
section: 7
title: Advisory committees
content:
7. —(1) The Minister may appoint one or more advisory committees to provide advice to the Commission with regard to the performance of any of its functions under this Act. (2) The Commission may consult such advisory committees in relation to the performance of its functions and duties and the exercise of its powers under this Act but is not bound by such consultation.


document_id: pdpa-2012
provision_ref: s8
chapter: PART 2 - PERSONAL DATA PROTECTION COMMISSION
section: 8
title: Delegation
content:
8. —(1) The Commission may appoint, by name or office, from among public officers and the employees of the Authority — ( a ) the Commissioner for Personal Data Protection; and ( b ) such number of Deputy Commissioners for Personal Data Protection, Assistant Commissioners for Personal Data Protection and inspectors, as the Commission considers necessary. [22/2016] (2) Where any function, duty or power of the Commission under this Act is delegated to the Commissioner under section 38 of the Info‑communications Media Development Authority Act 2016 — ( a ) the Commissioner must perform that function or duty, or exercise that power, in his or her name; ( b ) the Commission must not perform that function or duty, or exercise that power, during the period when the delegation is in force; and ( c ) the Commission must, as soon as practicable after the delegation, publish a notice of the delegation in the Gazette . [22/2016] (3) In exercising any of the powers of enforcement under this Act, an authorised officer must on demand produce to the person against whom he or she is acting the authority issued to him or her by the Commission.


document_id: pdpa-2012
provision_ref: s9
chapter: PART 2 - PERSONAL DATA PROTECTION COMMISSION
section: 9
title: Conduct of proceedings
content:
9. —(1) An individual appointed under section 8(1) or an employee of the Authority, who is authorised in writing by the Chief Executive of the Authority for the purpose of this section, may conduct, with the authorisation of the Public Prosecutor, proceedings in respect of an offence under this Act. [22/2016] (2) A legal counsel of the Commission who is an advocate and solicitor may — ( a ) appear in any civil proceedings involving the performance of any function or duty, or the exercise of any power, of the Commission under any written law; and ( b ) make all applications and do all acts in respect of the civil proceedings on behalf of the Commission or an authorised officer. [22/2016]


document_id: pdpa-2012
provision_ref: s10
chapter: PART 2 - PERSONAL DATA PROTECTION COMMISSION
section: 10
title: Cooperation agreements
content:
10. —(1) For the purposes of section 59, a cooperation agreement is an agreement for the purposes of — ( a ) facilitating cooperation between the Commission and another regulatory authority in the performance of their respective functions in so far as those functions relate to data protection; and ( b ) avoiding duplication of activities by the Commission and another regulatory authority, being activities involving the enforcement of data protection laws. [22/2016] (2) A cooperation agreement may include provisions — ( a ) to enable the Commission and the other regulatory authority to provide to each other information in their respective possession if the information is required by the other for the purpose of performance by it of any of its functions; ( b ) to provide such other assistance to each other as will facilitate the performance by the other of any of its functions; and ( c ) to enable the Commission and the other regulatory authority to forbear to perform any of their respective functions in relation to a matter in circumstances where it is satisfied that the other is performing functions in relation to that matter. (3) The Commission must not provide any information to a foreign data protection body pursuant to a cooperation agreement unless it requires of, and obtains from, that body an undertaking in writing by it that it will comply with terms specified in that requirement, including terms that correspond to the provisions of any written law concerning the disclosure of that information by the Commission. (4) The Commission may give an undertaking to a foreign data protection body that it will comply with terms specified in a requirement made of the Commission by the foreign data protection body to give such an undertaking where — ( a ) those terms correspond to the provisions of any law in force in the country or territory in which the foreign data protection body is established, being provisions which concern the disclosure by the foreign data protection body of the information mentioned in paragraph ( b ); and ( b ) compliance with the requirement is a condition imposed by the foreign data protection body for providing information in its possession to the Commission pursuant to a cooperation agreement. (5) In this section — “foreign data protection body” means a body in whom there are vested functions under the law of another country or territory with respect to the enforcement or the administration of provisions of law of that country or territory concerning data protection; “regulatory authority” includes the Commission and any foreign data protection body.


document_id: pdpa-2012
provision_ref: s11
chapter: PART 3 - GENERAL RULES WITH RESPECT TO
section: 11
title: Compliance with Act
content:
11. —(1) In meeting its responsibilities under this Act, an organisation must consider what a reasonable person would consider appropriate in the circumstances. (2) An organisation is responsible for personal data in its possession or under its control. (3) An organisation must designate one or more individuals to be responsible for ensuring that the organisation complies with this Act. (4) An individual designated under subsection (3) may delegate to another individual the responsibility conferred by that designation. (5) An organisation must make available to the public the business contact information of at least one of the individuals designated under subsection (3) or delegated under subsection (4). (5A) Without limiting subsection (5), an organisation is deemed to have satisfied that subsection if the organisation makes available the business contact information of any individual mentioned in subsection (3) in any prescribed manner. [40/2020] (6) The designation of an individual by an organisation under subsection (3) does not relieve the organisation of any of its obligations under this Act.


document_id: pdpa-2012
provision_ref: s12
chapter: PART 3 - GENERAL RULES WITH RESPECT TO
section: 12
title: Policies and practices
content:
12. An organisation must — ( a ) develop and implement policies and practices that are necessary for the organisation to meet the obligations of the organisation under this Act; ( b ) develop a process to receive and respond to complaints that may arise with respect to the application of this Act; ( c ) communicate to its staff information about the organisation’s policies and practices mentioned in paragraph ( a ); and ( d ) make information available on request about — (i) the policies and practices mentioned in paragraph ( a ); and (ii) the complaint process mentioned in paragraph ( b ).


document_id: pdpa-2012
provision_ref: s13
chapter: PART 4 - COLLECTION, USE AND DISCLOSURE OF
section: 13
title: Consent required
content:
13. An organisation must not, on or after 2 July 2014, collect, use or disclose personal data about an individual unless — ( a ) the individual gives, or is deemed to have given, his or her consent under this Act to the collection, use or disclosure, as the case may be; or ( b ) the collection, use or disclosure (as the case may be) without the individual’s consent is required or authorised under this Act or any other written law.


document_id: pdpa-2012
provision_ref: s14
chapter: PART 4 - COLLECTION, USE AND DISCLOSURE OF
section: 14
title: Provision of consent
content:
14. —(1) An individual has not given consent under this Act for the collection, use or disclosure of personal data about the individual by an organisation for a purpose unless — ( a ) the individual has been provided with the information required under section 20; and ( b ) the individual provided his or her consent for that purpose in accordance with this Act. (2) An organisation must not — ( a ) as a condition of providing a product or service, require an individual to consent to the collection, use or disclosure of personal data about the individual beyond what is reasonable to provide the product or service to that individual; or ( b ) obtain or attempt to obtain consent for collecting, using or disclosing personal data by providing false or misleading information with respect to the collection, use or disclosure of the personal data, or using deceptive or misleading practices. (3) Any consent given in any of the circumstances in subsection (2) is not validly given for the purposes of this Act. (4) In this Act, references to consent given, or deemed to have been given, by an individual for the collection, use or disclosure of personal data about the individual include consent given, or deemed to have been given, by any person validly acting on that individual’s behalf for the collection, use or disclosure of such personal data.


document_id: pdpa-2012
provision_ref: s15
chapter: PART 4 - COLLECTION, USE AND DISCLOSURE OF
section: 15
title: Deemed consent
content:
15. —(1) An individual is deemed to consent to the collection, use or disclosure of personal data about the individual by an organisation for a purpose if — ( a ) the individual, without actually giving consent mentioned in section 14, voluntarily provides the personal data to the organisation for that purpose; and ( b ) it is reasonable that the individual would voluntarily provide the data. (2) If an individual gives, or is deemed to have given, consent to the disclosure of personal data about the individual by one organisation to another organisation for a particular purpose, the individual is deemed to consent to the collection, use or disclosure of the personal data for that particular purpose by that other organisation. (3) Without limiting subsection (2) and subject to subsection (9), an individual ( P ) who provides personal data to an organisation ( A ) with a view to P entering into a contract with A is deemed to consent to the following where reasonably necessary for the conclusion of the contract between P and A : ( a ) the disclosure of that personal data by A to another organisation ( B ); ( b ) the collection and use of that personal data by B ; ( c ) the disclosure of that personal data by B to another organisation. [40/2020] (4) Where an organisation collects personal data disclosed to it by B under subsection (3)( c ), subsection (3)( b ) and ( c ) applies to the organisation as if the personal data were disclosed by A to the organisation under subsection (3)( a ). [40/2020] (5) Subsections (3) and (4) apply to personal data provided before 1 February 2021 by an individual to an organisation with a view to the individual entering into a contract with the organisation — ( a ) on or after 1 February 2021; or ( b ) which contract was entered into before 1 February 2021 and remains in force on that date, as if subsections (3) and (4) — ( c ) were in force when the personal data was so provided; and ( d ) had continued in force until 1 February 2021. [40/2020] (6) Without limiting subsection (2) and subject to subsection (9), an individual ( P ) who enters into a contract with an organisation ( A ) and provides personal data to A pursuant or in relation to that contract is deemed to consent to the following: ( a ) the disclosure of that personal data by A to another organisation ( B ), where the disclosure is reasonably necessary — (i) for the performance of the contract between P and A ; or (ii) for the conclusion or performance of a contract between A and B which is entered into at P ’s request, or which a reasonable person would consider to be in P ’s interest; ( b ) the collection and use of that personal data by B , where the collection and use are reasonably necessary for any purpose mentioned in paragraph ( a ); ( c ) the disclosure of that personal data by B to another organisation, where the disclosure is reasonably necessary for any purpose mentioned in paragraph ( a ). [40/2020] (7) Where an organisation collects personal data disclosed to it by B under subsection (6)( c ), subsection (6)( b ) and ( c ) applies to the organisation as if the personal data were disclosed by A to the organisation under subsection (6)( a ). [40/2020] (8) Subsections (6) and (7) apply to personal data provided before 1 February 2021 by an individual to an organisation in relation to a contract that the individual entered into before that date with the organisation, and which remains in force on that date, as if subsections (6) and (7) — ( a ) were in force when the personal data was so provided; and ( b ) had continued in force until 1 February 2021. [40/2020] (9) Subsections (3), (4), (5), (6), (7) and (8) do not affect any obligation under the contract between P and A that specifies or restricts — ( a ) the personal data provided by P that A may disclose to another organisation; or ( b ) the purposes for which A may disclose the personal data provided by P to another organisation. [40/2020]


document_id: pdpa-2012
provision_ref: s15A
chapter: PART 4 - COLLECTION, USE AND DISCLOSURE OF
section: 15A
title: Deemed consent by notification
content:
15A. —(1) This section applies to the collection, use or disclosure of personal data about an individual by an organisation on or after 1 February 2021. [40/2020] (2) Subject to subsection (3), an individual is deemed to consent to the collection, use or disclosure of personal data about the individual by an organisation if — ( a ) the organisation satisfies the requirements in subsection (4); and ( b ) the individual does not notify the organisation, before the expiry of the period mentioned in subsection (4)( b )(iii), that the individual does not consent to the proposed collection, use or disclosure of the personal data by the organisation. [40/2020] (3) Subsection (2) does not apply to the collection, use or disclosure of personal data about the individual for any prescribed purpose. [40/2020] (4) For the purposes of subsection (2)( a ), the organisation must, before collecting, using or disclosing any personal data about the individual — ( a ) conduct an assessment to determine that the proposed collection, use or disclosure of the personal data is not likely to have an adverse effect on the individual; ( b ) take reasonable steps to bring the following information to the attention of the individual: (i) the organisation’s intention to collect, use or disclose the personal data; (ii) the purpose for which the personal data will be collected, used or disclosed; (iii) a reasonable period within which, and a reasonable manner by which, the individual may notify the organisation that the individual does not consent to the organisation’s proposed collection, use or disclosure of the personal data; and ( c ) satisfy any other prescribed requirements. [40/2020] (5) The organisation must, in respect of the assessment mentioned in subsection (4)( a ) — ( a ) identify any adverse effect that the proposed collection, use or disclosure of the personal data for the purpose concerned is likely to have on the individual; ( b ) identify and implement reasonable measures to — (i) eliminate the adverse effect; (ii) reduce the likelihood that the adverse effect will occur; or (iii) mitigate the adverse effect; and ( c ) comply with any other prescribed requirements. [40/2020]


document_id: pdpa-2012
provision_ref: s16
chapter: PART 4 - COLLECTION, USE AND DISCLOSURE OF
section: 16
title: Withdrawal of consent
content:
16. —(1) On giving reasonable notice to the organisation, an individual may at any time withdraw any consent given, or deemed to have been given under this Act, in respect of the collection, use or disclosure by that organisation of personal data about the individual for any purpose. (2) On receipt of the notice mentioned in subsection (1), the organisation concerned must inform the individual of the likely consequences of withdrawing his or her consent. (3) An organisation must not prohibit an individual from withdrawing his or her consent to the collection, use or disclosure of personal data about the individual, but this section does not affect any legal consequences arising from such withdrawal. (4) Subject to section 25, if an individual withdraws consent to the collection, use or disclosure of personal data about the individual by an organisation for any purpose, the organisation must cease (and cause its data intermediaries and agents to cease) collecting, using or disclosing the personal data (as the case may be) unless such collection, use or disclosure (as the case may be) without the individual’s consent is required or authorised under this Act or other written law.


document_id: pdpa-2012
provision_ref: s17
chapter: PART 4 - COLLECTION, USE AND DISCLOSURE OF
section: 17
title: Collection, use and disclosure without consent
content:
17. —(1) An organisation may — ( a ) collect personal data about an individual, without the individual’s consent or from a source other than the individual, in the circumstances or for the purposes, and subject to any condition, in the First Schedule or Part 1 of the Second Schedule; ( b ) use personal data about an individual without the individual’s consent, in the circumstances or for the purposes, and subject to any condition, in the First Schedule or Part 2 of the Second Schedule; or ( c ) disclose personal data about an individual without the individual’s consent, in the circumstances or for the purposes, and subject to any condition, in the First Schedule or Part 3 of the Second Schedule. [40/2020] (2) Unless otherwise provided under this Act, an organisation may — ( a ) collect personal data about an individual that the organisation receives by way of a disclosure to the organisation — (i) on or after 1 February 2021 in accordance with subsection (1)( c ); or (ii) before 1 February 2021 in accordance with section 17(3) as in force before that date, for purposes consistent with the purpose of that disclosure, or for any purpose permitted by subsection (1)( a ); or ( b ) use or disclose personal data about an individual that — (i) is collected by the organisation on or after 1 February 2021 in accordance with subsection (1)( a ); or (ii) was collected by the organisation before 1 February 2021 in accordance with section 17(1) as in force before that date, for purposes consistent with the purpose of that collection, or for any purpose permitted by subsection (1)( b ) or ( c ), as the case may be. [40/2020] Division 2 &#x2014; Purpose


document_id: pdpa-2012
provision_ref: s18
chapter: PART 4 - COLLECTION, USE AND DISCLOSURE OF
section: 18
title: Limitation of purpose and extent
content:
18. An organisation may collect, use or disclose personal data about an individual only for purposes — ( a ) that a reasonable person would consider appropriate in the circumstances; and ( b ) that the individual has been informed of under section 20, if applicable.


document_id: pdpa-2012
provision_ref: s19
chapter: PART 4 - COLLECTION, USE AND DISCLOSURE OF
section: 19
title: Personal data collected before 2 July 2014
content:
19. Despite the other provisions in this Part, an organisation may use personal data about an individual collected before 2 July 2014 for the purposes for which the personal data was collected unless — ( a ) consent for such use is withdrawn in accordance with section 16; or ( b ) the individual, whether before, on or after 2 July 2014, has otherwise indicated to the organisation that he or she does not consent to the use of the personal data.


document_id: pdpa-2012
provision_ref: s20
chapter: PART 4 - COLLECTION, USE AND DISCLOSURE OF
section: 20
title: Notification of purpose
content:
20. —(1) For the purposes of sections 14(1)( a ) and 18( b ), an organisation must inform the individual of — ( a ) the purposes for the collection, use or disclosure of the personal data (as the case may be) on or before collecting the personal data; ( b ) any other purpose of the use or disclosure of the personal data of which the individual has not been informed under paragraph ( a ), before the use or disclosure of the personal data for that purpose; and ( c ) on request by the individual, the business contact information of a person who is able to answer on behalf of the organisation the individual’s questions about the collection, use or disclosure of the personal data. (2) An organisation, on or before collecting personal data about an individual from another organisation without the individual’s consent, must provide the other organisation with sufficient information regarding the purpose of the collection to allow that other organisation to determine whether the disclosure would be in accordance with this Act. (3) Subsection (1) does not apply if — ( a ) the individual is deemed to have consented to the collection, use or disclosure (as the case may be) under section 15 or 15A; or ( b ) the organisation collects, uses or discloses the personal data without the individual’s consent in accordance with section 17. [40/2020] (4) Despite subsection (3), an organisation must comply with subsection (5) on or before collecting, using or disclosing personal data about an individual for the purpose of or in relation to the organisation — ( a ) entering into an employment relationship with the individual or appointing the individual to any office; or ( b ) managing or terminating the employment relationship with or appointment of the individual. [40/2020] (5) For the purposes of subsection (4), the organisation must inform the individual of the following: ( a ) the purpose for which the organisation is collecting, using or disclosing (as the case may be) the personal data about the individual; ( b ) on request by the individual, the business contact information of a person who is able to answer the individual’s questions about that collection, use or disclosure (as the case may be) on behalf of the organisation. [40/2020]


document_id: pdpa-2012
provision_ref: s21
chapter: PART 5 - ACCESS TO AND CORRECTION OF
section: 21
title: Access to personal data
content:
21. —(1) Subject to subsections (2), (3) and (4), on request of an individual, an organisation must, as soon as reasonably possible, provide the individual with — ( a ) personal data about the individual that is in the possession or under the control of the organisation; and ( b ) information about the ways in which the personal data mentioned in paragraph ( a ) has been or may have been used or disclosed by the organisation within a year before the date of the request. (2) An organisation is not required to provide an individual with the individual’s personal data or other information under subsection (1) in respect of the matters specified in the Fifth Schedule. (3) Subject to subsection (3A), an organisation must not provide an individual with the individual’s personal data or other information under subsection (1) if the provision of that personal data or other information (as the case may be) could reasonably be expected to — ( a ) threaten the safety or physical or mental health of an individual other than the individual who made the request; ( b ) cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request; ( c ) reveal personal data about another individual; ( d ) reveal the identity of an individual who has provided personal data about another individual and the individual providing the personal data does not consent to the disclosure of his or her identity; or ( e ) be contrary to the national interest. [40/2020] (3A) Subsection (3)( c ) and ( d ) does not apply to any user activity data about, or any user‑provided data from, the individual who made the request despite such data containing personal data about another individual. [40/2020] (4) An organisation must not inform any individual under subsection (1)( b ) that the organisation has disclosed personal data about the individual to a prescribed law enforcement agency if the disclosure was made under this Act or any other written law without the individual’s consent. [40/2020] (5) If an organisation is able to provide the individual with the individual’s personal data and other information requested under subsection (1) without the personal data or other information excluded under subsections (2), (3) and (4), the organisation must provide the individual with access to the personal data and other information without the personal data or other information excluded under subsections (2), (3) and (4). (6) Where — ( a ) an individual makes a request under subsection (1) to an organisation on or after 1 February 2021; and ( b ) the organisation, by reason of subsection (2) or (3), does not provide an individual with the individual’s personal data or other information requested under subsection (1), the organisation must, within the prescribed time and in accordance with the prescribed requirements, notify the individual of the rejection. [40/2020] (7) Where — ( a ) an individual makes a request under subsection (1) to an organisation on or after 1 February 2021; and ( b ) the organisation provides the individual, in accordance with subsection (5), with the individual’s personal data or other information requested under subsection (1), the organisation must notify the individual of the exclusion, under subsection (2) or (3), of any of the personal data or other information so requested. [40/2020]


document_id: pdpa-2012
provision_ref: s22
chapter: PART 5 - ACCESS TO AND CORRECTION OF
section: 22
title: Correction of personal data
content:
22. —(1) An individual may request an organisation to correct an error or omission in the personal data about the individual that is in the possession or under the control of the organisation. (2) Unless the organisation is satisfied on reasonable grounds that a correction should not be made, the organisation must — ( a ) correct the personal data as soon as practicable; and ( b ) subject to subsection (3), send the corrected personal data to every other organisation to which the personal data was disclosed by the organisation within a year before the date the correction was made, unless that other organisation does not need the corrected personal data for any legal or business purpose. (3) An organisation (not being a credit bureau) may, if the individual consents, send the corrected personal data only to specific organisations to which the personal data was disclosed by the organisation within a year before the date the correction was made. (4) When an organisation is notified under subsection (2)( b ) or (3) of a correction of personal data, the organisation must correct the personal data in its possession or under its control unless the organisation is satisfied on reasonable grounds that the correction should not be made. (5) If no correction is made under subsection (2)( a ) or (4), the organisation must annotate the personal data in its possession or under its control with the correction that was requested but not made. (6) Nothing in this section requires an organisation to correct or otherwise alter an opinion, including a professional or an expert opinion. (7) An organisation is not required to comply with this section in respect of the matters specified in the Sixth Schedule.


document_id: pdpa-2012
provision_ref: s22A
chapter: PART 5 - ACCESS TO AND CORRECTION OF
section: 22A
title: Preservation of copies of personal data
content:
22A. —(1) Where — ( a ) an individual, on or after 1 February 2021, makes a request under section 21(1)( a ) to an organisation to provide personal data about the individual that is in the possession or under the control of the organisation; and ( b ) the organisation refuses to provide that personal data, the organisation must preserve, for not less than the prescribed period, a copy of the personal data concerned. [40/2020] (2) The organisation must ensure that the copy of the personal data it preserves for the purposes of subsection (1) is a complete and accurate copy of the personal data concerned. [40/2020]


document_id: pdpa-2012
provision_ref: s23
chapter: PART 6 - CARE OF PERSONAL DATA
section: 23
title: Accuracy of personal data
content:
23. An organisation must make a reasonable effort to ensure that personal data collected by or on behalf of the organisation is accurate and complete, if the personal data — ( a ) is likely to be used by the organisation to make a decision that affects the individual to whom the personal data relates; or ( b ) is likely to be disclosed by the organisation to another organisation.


document_id: pdpa-2012
provision_ref: s24
chapter: PART 6 - CARE OF PERSONAL DATA
section: 24
title: Protection of personal data
content:
24. An organisation must protect personal data in its possession or under its control by making reasonable security arrangements to prevent — ( a ) unauthorised access, collection, use, disclosure, copying, modification or disposal, or similar risks; and ( b ) the loss of any storage medium or device on which personal data is stored. [40/2020]


document_id: pdpa-2012
provision_ref: s25
chapter: PART 6 - CARE OF PERSONAL DATA
section: 25
title: Retention of personal data
content:
25. An organisation must cease to retain its documents containing personal data, or remove the means by which the personal data can be associated with particular individuals, as soon as it is reasonable to assume that — ( a ) the purpose for which that personal data was collected is no longer being served by retention of the personal data; and ( b ) retention is no longer necessary for legal or business purposes.


document_id: pdpa-2012
provision_ref: s26
chapter: PART 6 - CARE OF PERSONAL DATA
section: 26
title: Transfer of personal data outside Singapore
content:
26. —(1) An organisation must not transfer any personal data to a country or territory outside Singapore except in accordance with requirements prescribed under this Act to ensure that organisations provide a standard of protection to personal data so transferred that is comparable to the protection under this Act. (2) The Commission may, on the application of any organisation, by written notice exempt the organisation from any requirement prescribed pursuant to subsection (1) in respect of any transfer of personal data by that organisation. (3) An exemption under subsection (2) — ( a ) may be granted subject to such conditions as the Commission may specify in writing; and ( b ) need not be published in the Gazette and may be revoked at any time by the Commission. (4) The Commission may at any time add to, vary or revoke any condition imposed under this section.


document_id: pdpa-2012
provision_ref: s26A
chapter: PART 6A - NOTIFICATION OF DATA BREACHES
section: 26A
title: Interpretation of this Part
content:
26A. In this Part, unless the context otherwise requires — “affected individual” means any individual to whom any personal data affected by a data breach relates; “data breach”, in relation to personal data, means — ( a ) the unauthorised access, collection, use, disclosure, copying, modification or disposal of personal data; or ( b ) the loss of any storage medium or device on which personal data is stored in circumstances where the unauthorised access, collection, use, disclosure, copying, modification or disposal of the personal data is likely to occur. [40/2020]


document_id: pdpa-2012
provision_ref: s26B
chapter: PART 6A - NOTIFICATION OF DATA BREACHES
section: 26B
title: Notifiable data breaches
content:
26B. —(1) A data breach is a notifiable data breach if the data breach — ( a ) results in, or is likely to result in, significant harm to an affected individual; or ( b ) is, or is likely to be, of a significant scale. [40/2020] (2) Without limiting subsection (1)( a ), a data breach is deemed to result in significant harm to an individual — ( a ) if the data breach is in relation to any prescribed personal data or class of personal data relating to the individual; or ( b ) in other prescribed circumstances. [40/2020] (3) Without limiting subsection (1)( b ), a data breach is deemed to be of a significant scale — ( a ) if the data breach affects not fewer than the prescribed number of affected individuals; or ( b ) in other prescribed circumstances. [40/2020] (4) Despite subsections (1), (2) and (3), a data breach that relates to the unauthorised access, collection, use, disclosure, copying or modification of personal data only within an organisation is deemed not to be a notifiable data breach. [40/2020]


document_id: pdpa-2012
provision_ref: s26C
chapter: PART 6A - NOTIFICATION OF DATA BREACHES
section: 26C
title: Duty to conduct assessment of data breach
content:
26C. —(1) This section applies to a data breach that occurs on or after 1 February 2021. [40/2020] (2) Subject to subsection (3), where an organisation has reason to believe that a data breach affecting personal data in its possession or under its control has occurred, the organisation must conduct, in a reasonable and expeditious manner, an assessment of whether the data breach is a notifiable data breach. [40/2020] (3) Where a data intermediary (other than a data intermediary mentioned in section 26E) has reason to believe that a data breach has occurred in relation to personal data that the data intermediary is processing on behalf of and for the purposes of another organisation — ( a ) the data intermediary must, without undue delay, notify that other organisation of the occurrence of the data breach; and ( b ) that other organisation must, upon notification by the data intermediary, conduct an assessment of whether the data breach is a notifiable data breach. [40/2020] (4) The organisation must carry out the assessment mentioned in subsection (2) or (3)( b ) in accordance with any prescribed requirements. [40/2020]


document_id: pdpa-2012
provision_ref: s26D
chapter: PART 6A - NOTIFICATION OF DATA BREACHES
section: 26D
title: Duty to notify occurrence of notifiable data breach
content:
26D. —(1) Where an organisation assesses, in accordance with section 26C, that a data breach is a notifiable data breach, the organisation must notify the Commission as soon as is practicable, but in any case no later than 3 calendar days after the day the organisation makes that assessment. [40/2020] (2) Subject to subsections (5), (6) and (7), on or after notifying the Commission under subsection (1), the organisation must also notify each affected individual affected by a notifiable data breach mentioned in section 26B(1)( a ) in any manner that is reasonable in the circumstances. [40/2020] (3) The notification under subsection (1) or (2) must contain, to the best of the knowledge and belief of the organisation at the time it notifies the Commission or affected individual (as the case may be), all the information that is prescribed for this purpose. [40/2020] (4) The notification under subsection (1) must be made in the form and submitted in the manner required by the Commission. [40/2020] (5) Subsection (2) does not apply to an organisation in relation to an affected individual if the organisation — ( a ) on or after assessing that the data breach is a notifiable data breach, takes any action, in accordance with any prescribed requirements, that renders it unlikely that the notifiable data breach will result in significant harm to the affected individual; or ( b ) had implemented, prior to the occurrence of the notifiable data breach, any technological measure that renders it unlikely that the notifiable data breach will result in significant harm to the affected individual. [40/2020] (6) An organisation must not notify any affected individual in accordance with subsection (2) if — ( a ) a prescribed law enforcement agency so instructs; or ( b ) the Commission so directs. [40/2020] (7) The Commission may, on the written application of an organisation, waive the requirement to notify an affected individual under subsection (2) subject to any conditions that the Commission thinks fit. [40/2020] (8) An organisation is not, by reason only of notifying the Commission under subsection (1) or an affected individual under subsection (2), to be regarded as being in breach of — ( a ) any duty or obligation under any written law or rule of law, or any contract, as to secrecy or other restriction on the disclosure of information; or ( b ) any rule of professional conduct applicable to the organisation. [40/2020] (9) Subsections (1) and (2) apply concurrently with any obligation of the organisation under any other written law to notify any other person (including any public agency) of the occurrence of a data breach, or to provide any information relating to a data breach. [40/2020]


document_id: pdpa-2012
provision_ref: s26E
chapter: PART 6A - NOTIFICATION OF DATA BREACHES
section: 26E
title: Obligations of data intermediary of public agency
content:
26E. Where an organisation — ( a ) is a data intermediary processing personal data on behalf of and for the purposes of a public agency; and ( b ) has reason to believe that a data breach has occurred in relation to that personal data, the organisation must, without undue delay, notify the public agency of the occurrence of the data breach. [40/2020]


document_id: pdpa-2012
provision_ref: s36
chapter: PART 9 - DO NOT CALL REGISTRY
section: 36
title: Interpretation of this Part
content:
36. —(1) In this Part, unless the context otherwise requires — “calling line identity” means the telephone number or information identifying the sender; “checker” means a person mentioned in section 43A(1); “financial services” has the meaning given by section 2 of the Consumer Protection (Fair Trading) Act 2003; “goods” means any personal property, whether tangible or intangible, and is deemed to include — ( a ) chattels that are attached or intended to be attached to real property on or after delivery; ( b ) financial products and credit, including credit extended solely on the security of land; ( c ) any residential property; and ( d ) a voucher; “message” means any message, whether in sound, text, visual or other form; “register” means any Do Not Call Register kept and maintained under section 39; “send”, in relation to a message, means — ( a ) to send the message, cause the message to be sent, or authorise the sending of the message; or ( b ) to make a voice call containing the message, cause a voice call containing the message to be made, or authorise the making of a voice call containing the message; “sender”, in relation to a message, means a person — ( a ) who sends the message, causes the message to be sent, or authorises the sending of the message; or ( b ) who makes a voice call containing the message, causes a voice call containing the message to be made, or authorises the making of a voice call containing the message; “services” includes — ( a ) a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property; ( b ) a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners; ( c ) the right to use time share accommodation under a time share contract; and ( d ) financial services; “Singapore telephone number” means — ( a ) a telephone number, with 8 digits beginning with the digit “3”, “6”, “8” or “9”, that is in accordance with the National Numbering Plan mentioned in regulation 12A of the Telecommunications (Class Licences) Regulations; or ( b ) any other telephone numbers as may be prescribed; “subscriber”, in relation to a Singapore telephone number, means the subscriber of the telecommunications service to which the Singapore telephone number is allocated; “time share accommodation” means any living accommodation, in Singapore or elsewhere, used or intended to be used (wholly or partly) for leisure purposes by a class of persons all of whom have rights to use, or participate in arrangements under which they may use, that accommodation or accommodation within a pool of accommodation to which that accommodation belongs; “time share contract” means a contract which confers or purports to confer on an individual time share rights that are exercisable during a period of not less than 3 years; “voice call” includes — ( a ) a call that involves a recorded or synthetic voice; or ( b ) in the case of a recipient with a disability (for example, a hearing impairment), a call that is equivalent to a voice call. [40/2020] (2) For the purposes of this Part, a telecommunications service provider who merely provides a service that enables a specified message to be sent is, unless the contrary is proved, presumed not to have sent the message and not to have authorised the message to be sent. (3) For the purposes of this Part, if a specified message is sent and at the relevant time the telecommunications device, service or network from which it was sent was controlled by a person without the knowledge of the owners or authorised users of the telecommunications device, service or network, the owners or authorised users are, unless the contrary is proved, presumed not to have sent the message and not to have authorised the sending of the message. (4) In subsection (3), “control” means either physical control or control through the use of software or other means.


document_id: pdpa-2012
provision_ref: s37
chapter: PART 9 - DO NOT CALL REGISTRY
section: 37
title: Meaning of “specified message”
content:
37. —(1) Subject to subsection (5), for the purposes of this Part, a specified message is a message where, having regard to the following, it would be concluded that the purpose, or one of the purposes, of the message is an applicable purpose: ( a ) the content of the message; ( b ) the presentational aspects of the message; ( c ) the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the message; ( d ) if the telephone number from which the message is made is disclosed to the recipient (whether by calling line identity or otherwise), the content (if any) that can be obtained by calling that number. [40/2020] (2) For the purposes of subsection (1), where the applicable purpose relates to offering, supplying, advertising or promoting any goods, service, land, interest in land, business opportunity or investment opportunity, it does not matter whether or not — ( a ) the goods, service, land, interest or opportunity exists; or ( b ) it is lawful to acquire the goods, service, land or interest or take up the opportunity. [40/2020] (3) Subject to subsection (4), a person ( A ) who authorises another person ( B ) to offer, advertise or promote A ’s goods, services, land, interest or opportunity is deemed to have authorised the sending of any message sent by B that offers, advertises or promotes A ’s goods, services, land, interest or opportunity. (4) For the purposes of subsection (3), a person who takes reasonable steps to stop the sending of a message mentioned in that subsection is deemed not to have authorised the sending of the message. (5) For the purposes of this Part, a specified message does not include any message mentioned in the Eighth Schedule. (6) In this section, “applicable purpose” means a purpose specified in the Tenth Schedule. [40/2020]


document_id: pdpa-2012
provision_ref: s38
chapter: PART 9 - DO NOT CALL REGISTRY
section: 38
title: Application of this Part
content:
38. This Part applies to a specified message addressed to a Singapore telephone number where — ( a ) the sender of the specified message is present in Singapore when the specified message is sent; or ( b ) the recipient of the specified message is present in Singapore when the specified message is accessed. Division 2 &#x2014; Administration


document_id: pdpa-2012
provision_ref: s39
chapter: PART 9 - DO NOT CALL REGISTRY
section: 39
title: Register
content:
39. —(1) The Commission must cause to be kept and maintained one or more registers of Singapore telephone numbers, each known as a Do Not Call Register, for the purposes of this Part. (2) Each register must be kept in such form and must contain such particulars as the Commission thinks fit. (3) The Commission may authorise another person to maintain any register, on its behalf, subject to such conditions or restrictions as the Commission may think fit.


document_id: pdpa-2012
provision_ref: s40
chapter: PART 9 - DO NOT CALL REGISTRY
section: 40
title: Applications
content:
40. —(1) A subscriber may apply to the Commission, in the form and manner prescribed — ( a ) to add his or her Singapore telephone number to a register; or ( b ) to remove his or her Singapore telephone number from a register. (2) Any person may apply to the Commission, in the form and manner required by the Commission, to confirm whether any Singapore telephone number is listed in a register.


document_id: pdpa-2012
provision_ref: s41
chapter: PART 9 - DO NOT CALL REGISTRY
section: 41
title: Evidence
content:
41. A certificate purporting to be signed by the Chief Executive of the Authority or an authorised officer and stating that a Singapore telephone number was or was not listed in a register at a date specified in the certificate is admissible as evidence of its contents in any proceedings. [22/2016]


document_id: pdpa-2012
provision_ref: s42
chapter: PART 9 - DO NOT CALL REGISTRY
section: 42
title: Information on terminated Singapore telephone number
content:
42. —(1) Every telecommunications service provider must report to the Commission, in the form and manner prescribed, all terminated Singapore telephone numbers. (2) A telecommunications service provider which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (3) In this section, “terminated Singapore telephone number” means — ( a ) a Singapore telephone number to which the following apply: (i) the Singapore telephone number has been allocated to a subscriber; (ii) the telecommunications service associated with the Singapore telephone number has been terminated by the subscriber or telecommunications service provider; and (iii) the Singapore telephone number has not been allocated to a different subscriber; or ( b ) any other telephone numbers and circumstances as may be prescribed. (4) For the purpose of subsection (1), where — ( a ) a Singapore telephone number has been allocated to a subscriber by a telecommunications service provider (called in this subsection the first provider); ( b ) the telecommunications service associated with the Singapore telephone number has been terminated by the subscriber; ( c ) the subscriber contracts for a telecommunications service associated with the Singapore telephone number with another telecommunications service provider (called in this subsection the subsequent provider); ( d ) the telecommunications service mentioned in paragraph ( c ) has been terminated by the subscriber or the subsequent provider; and ( e ) the Singapore telephone number has not subsequently been allocated to any subscriber, it is the responsibility of the first provider to satisfy subsection (1). (5) Without affecting the obligations of the telecommunications service provider under subsections (1) to (4), the Commission must pay the prescribed fees to the telecommunications service provider for each terminated Singapore telephone number reported to the Commission in accordance with this section. Division 3 &#x2014; Specified message to Singapore
telephone number


document_id: pdpa-2012
provision_ref: s43
chapter: PART 9 - DO NOT CALL REGISTRY
section: 43
title: Duty to check register
content:
43. —(1) Subject to section 48(2), a person must not send a specified message addressed to a Singapore telephone number unless the person has, at the time the person sends the specified message, valid confirmation that the Singapore telephone number is not listed in the relevant register. [40/2020] (2) For the purposes of subsection (1), the person has valid confirmation that a Singapore telephone number is not listed in the relevant register in either of the following circumstances: ( a ) the person has, within the prescribed duration before sending the specified message — (i) made an application to the Commission under section 40(2) to confirm whether the Singapore telephone number is listed in the relevant register; and (ii) received confirmation from the Commission that the Singapore telephone number is not listed in the relevant register; ( b ) the person has obtained from a checker information that the Singapore telephone number is not listed in the relevant register (called in this section the relevant information) and has no reason to believe that, and is not reckless as to whether — (i) the prescribed period in relation to the relevant information has expired; or (ii) the relevant information is false or inaccurate. [40/2020] (3) In subsection (2)( b )(i), “prescribed period”, in relation to relevant information, means the prescribed period beginning after the date on which the checker received confirmation from the Commission, in response to the checker’s application to the Commission under section 40(2), that a Singapore telephone number is not listed in the relevant register. [40/2020] (4) A person does not contravene subsection (1) if the subscriber or user of the Singapore telephone number to which a specified message is sent — ( a ) gave clear and unambiguous consent to the sending of the specified message to that Singapore telephone number; and ( b ) the consent is evidenced in written or other form so as to be accessible for subsequent reference. [40/2020] (5) For the purposes of this section and section 43A — ( a ) where there is only one register kept or maintained under section 39, the relevant register refers to that register; and ( b ) where there are 2 or more registers kept or maintained under section 39 for different types of specified messages, the relevant register refers to the register relevant for the particular type of specified message. [40/2020]


document_id: pdpa-2012
provision_ref: s43A
chapter: PART 9 - DO NOT CALL REGISTRY
section: 43A
title: Duty of checkers
content:
43A. —(1) This section applies to a person (called the checker) that, for reward, provides to another person ( P ) information on whether a Singapore telephone number is listed in the relevant register (called in this section the applicable information) for the purpose of P ’s compliance with section 43(1), other than — ( a ) the Commission; ( b ) an individual who is an employee of P ; and ( c ) an individual who is an employee or agent of a checker. [40/2020] (2) A checker must — ( a ) ensure that the applicable information provided to P is accurate; and ( b ) provide the applicable information to P in accordance with any prescribed requirements. [40/2020] (3) A checker is deemed to have complied with subsection (2)( a ) if — ( a ) the applicable information that the checker provides to P is in accordance with a reply from the Commission in response to the checker’s application under section 40(2); and ( b ) the checker provides the applicable information to P before the expiry of the prescribed period mentioned in section 43(2)( b )(i). [40/2020]


document_id: pdpa-2012
provision_ref: s44
chapter: PART 9 - DO NOT CALL REGISTRY
section: 44
title: Contact information
content:
44. Subject to section 48(2), a person must not send a specified message addressed to a Singapore telephone number unless — ( a ) the specified message includes clear and accurate information identifying the individual or organisation that sent or authorised the sending of the specified message; ( b ) the specified message includes clear and accurate information about how the recipient can readily contact that individual or organisation; ( c ) the specified message includes the information, and complies with the conditions, specified in the regulations, if any; and ( d ) the information included in the specified message in compliance with this section is reasonably likely to be valid for at least 30 days after the message is sent. [40/2020]


document_id: pdpa-2012
provision_ref: s45
chapter: PART 9 - DO NOT CALL REGISTRY
section: 45
title: Calling line identity not to be concealed
content:
45. Subject to section 48(3), a person that makes a voice call containing a specified message or causes a voice call containing a specified message to be made or authorises the making of a voice call containing a specified message, addressed to a Singapore telephone number, from a telephone number or fax number, must not do any of the following: ( a ) conceal or withhold from the recipient the calling line identity of the sender; ( b ) perform any operation or issue any instruction in connection with the sending of the specified message for the purpose of, or that has the effect of, concealing or withholding from the recipient the calling line identity of the sender. [40/2020]


document_id: pdpa-2012
provision_ref: s46
chapter: PART 9 - DO NOT CALL REGISTRY
section: 46
title: Consent
content:
46. —(1) A person must not, as a condition for supplying goods, services, land, interest or opportunity, require a subscriber or user of a Singapore telephone number to give consent for the sending of a specified message to that Singapore telephone number or any other Singapore telephone number beyond what is reasonable to provide the goods, services, land, interest or opportunity to that subscriber or user, and any consent given in such circumstance is not validly given. (2) If a person obtains or attempts to obtain consent for sending a specified message to a Singapore telephone number — ( a ) by providing false or misleading information with respect to the sending of the specified message; or ( b ) by using deceptive or misleading practices, any consent given in such circumstances is not validly given.


document_id: pdpa-2012
provision_ref: s47
chapter: PART 9 - DO NOT CALL REGISTRY
section: 47
title: Withdrawal of consent
content:
47. —(1) On giving notice, a subscriber or user of a Singapore telephone number may at any time withdraw any consent given to a person for the sending of any specified message to that Singapore telephone number. (2) A person must not prohibit a subscriber or user of a Singapore telephone number from withdrawing the subscriber’s or user’s consent to the sending of a specified message to that Singapore telephone number, but this section does not affect any legal consequences arising from such withdrawal. (3) If a subscriber or user of a Singapore telephone number gives notice withdrawing consent given to a person for the sending of any specified message to that Singapore telephone number, the person must cease (and cause its agent to cease) sending any specified message to that Singapore telephone number after the expiry of the prescribed period. (4) For the purposes of this Part, a subscriber or user of a Singapore telephone number is deemed to have given his or her consent to a person to send a specified message to that Singapore telephone number if the subscriber or user — ( a ) consents to the sending of the specified message before 2 January 2014; and ( b ) that consent has not been withdrawn on or after 2 January 2014. (5) For the purposes of this Part, where a subscriber or user of a Singapore telephone number — ( a ) consents to a person sending a specified message to that Singapore telephone number before, on or after 2 January 2014; and ( b ) subsequently applies to add or adds that Singapore telephone number to the register on or after 2 January 2014, the application to add or the addition of that Singapore telephone number is not to be regarded as a withdrawal of the consent. (6) To avoid doubt, a subscriber of a Singapore telephone number may, at any time on or after 2 January 2014, withdraw any consent given for the sending of a specified message to that Singapore telephone number.


document_id: pdpa-2012
provision_ref: s48
chapter: PART 9 - DO NOT CALL REGISTRY
section: 48
title: Defence for employee
content:
48. —(1) In any proceedings for an offence under this Part brought against any employee in respect of an act or conduct alleged to have been done or engaged in (as the case may be) by the employee, it is a defence for the employee to prove that he or she did the act or engaged in the conduct in good faith — ( a ) in the course of his or her employment; or ( b ) in accordance with instructions given to him or her by or on behalf of his or her employer in the course of his or her employment. (2) Section 43(1) or 44 does not apply to an employee ( X ) who sends a specified message addressed to a Singapore telephone number in good faith — ( a ) in the course of X ’s employment; or ( b ) in accordance with instructions given to X by or on behalf of X ’s employer in the course of X ’s employment. [40/2020] (3) Section 45 does not apply to an employee ( Y ) who makes, causes to be made or authorises the making of a voice call containing a specified message, addressed to a Singapore telephone number, from a telephone number or fax number, in good faith — ( a ) in the course of Y ’s employment; or ( b ) in accordance with instructions given to Y by or on behalf of Y ’s employer in the course of Y ’s employment. [40/2020] (4) Subsection (1), (2) or (3) does not apply to an employee ( Z ) who, at the time the act was done or the conduct was engaged in, was an officer or a partner of Z ’s employer and it is proved that — ( a ) Z knew or ought reasonably to have known that the telephone number is a Singapore telephone number listed in the relevant register; and ( b ) the specified message was sent with Z ’s consent or connivance, or the sending of the specified message was attributable to any neglect on Z ’s part. [40/2020] (5) In this section — “corporation” has the meaning given by section 52(7); “officer” — ( a ) in relation to a corporation, has the meaning given by section 52(7); or ( b ) in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7); “partner”, in relation to a partnership, has the meaning given by section 52A(7). [40/2020]


document_id: pdpa-2012
provision_ref: s48A
chapter: PART 9A - DICTIONARY ATTACKS AND
section: 48A
title: Interpretation of this Part
content:
48A. —(1) In this Part, unless the context otherwise requires — “address‑harvesting software” means software that is specifically designed or marketed for use for — ( a ) searching the Internet for telephone numbers; and ( b ) collecting, compiling, capturing or otherwise harvesting those telephone numbers; “applicable message” means a message with a Singapore link that is sent to any applicable telephone number; “applicable telephone number” means a telephone number that is generated or obtained through the use of — ( a ) a dictionary attack; or ( b ) address‑harvesting software; “dictionary attack” means the method by which the telephone number of a recipient is obtained using an automated means that generates possible telephone numbers by combining numbers into numerous permutations; “message”, “send”, “sender” and “Singapore telephone number” have the meanings given by section 36(1). [40/2020] (2) In this Part, an applicable message has a Singapore link in any of the following circumstances: ( a ) the message originates in Singapore; ( b ) the sender of the message — (i) where the sender is an individual — is physically present in Singapore when the message is sent; or (ii) in any other case — (A) is formed or recognised under the law of Singapore; or (B) has an office or a place of business in Singapore; ( c ) the telephone, mobile telephone or other device that is used to access the message is located in Singapore; ( d ) the recipient of the message — (i) where the recipient is an individual — is physically present in Singapore when the message is accessed; or (ii) in any other case — carries on business or activities in Singapore when the message is accessed; ( e ) if the message cannot be delivered because the telephone number to which the message is sent has ceased to exist (assuming that the telephone number existed), it is reasonably likely that the message would have been accessed using a telephone, mobile telephone or other device located in Singapore. [40/2020] (3) For the purposes of the definition of “applicable message” in subsection (1), it does not matter — ( a ) whether the telephone number to which the message is sent is a Singapore telephone number; ( b ) whether that telephone number exists; or ( c ) whether the message reaches its intended destination. [40/2020] (4) For the purposes of this Part, a telecommunications service provider that merely provides a service that enables an applicable message to be sent is, unless the contrary is proved, presumed not to have sent, caused to be sent or authorised the sending of the applicable message. [40/2020] (5) For the purposes of this Part, if, at the time an applicable message is sent, the telecommunications device, service or network from which it was sent was controlled by a person without the knowledge of the owner or authorised user of the telecommunications device, service or network (as the case may be), the owner or authorised user (as the case may be) is, unless the contrary is proved, presumed not to have sent, caused to be sent or authorised the sending of the applicable message. [40/2020] (6) In subsection (5), “control” means — ( a ) physical control; or ( b ) control through the use of software or other means. [40/2020]


document_id: pdpa-2012
provision_ref: s48B
chapter: PART 9A - DICTIONARY ATTACKS AND
section: 48B
title: Prohibition on use of dictionary attacks and address‑harvesting software
content:
48B. —(1) Subject to subsections (2) and (3), a person must not send, cause to be sent or authorise the sending of an applicable message. [40/2020] (2) Subsection (1) does not apply to an employee ( P ) who sends, causes to be sent or authorises the sending of an applicable message in good faith — ( a ) in the course of P ’s employment; or ( b ) in accordance with instructions given to P by or on behalf of P ’s employer in the course of P ’s employment. [40/2020] (3) However, subsection (2) does not apply to a person ( P ) who, at the time the applicable message was sent, was an officer or a partner of the sender and it is proved that — ( a ) P knew or ought reasonably to have known that the telephone number is an applicable telephone number; and ( b ) the applicable message was sent with P ’s consent or connivance, or the sending of the applicable message was attributable to any neglect on P ’s part. [40/2020] (4) In this section — “corporation” has the meaning given by section 52(7); “officer” — ( a ) in relation to a corporation, has the meaning given by section 52(7); or ( b ) in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7); “partner”, in relation to a partnership, has the meaning given by section 52A(7). [40/2020]


document_id: pdpa-2012
provision_ref: s48C
chapter: PART 9B - OFFENCES AFFECTING PERSONAL DATA AND
section: 48C
title: Interpretation and application of this Part
content:
48C. —(1) In this Part, unless the context otherwise requires — “disclose”, in relation to personal data, includes providing access to personal data; “gain” means — ( a ) a gain in property or a supply of services, whether temporary or permanent; or ( b ) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration; “harm”, in relation to an individual, means — ( a ) any physical harm; or ( b ) harassment, alarm or distress caused to the individual; “loss” means — ( a ) a loss in property or a supply of services, whether temporary or permanent; or ( b ) a loss of an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration, but excludes, in relation to an individual, the loss of personal data about the individual; “Monetary Authority of Singapore” means the Monetary Authority of Singapore established by section 3 of the Monetary Authority of Singapore Act 1970; “relevant public official” has the meaning given by section 7(7) of the Public Sector (Governance) Act 2018; “Singapore public sector agency” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018. [40/2020] (2) This Part does not apply to an individual who — ( a ) at the time of the commission of any offence under section 48D(1), 48E(1) or 48F(1), is a relevant public official in a Singapore public sector agency; or ( b ) is or has been a director or an officer or employee of the Monetary Authority of Singapore in respect of the disclosure, use or re‑identification of information acquired in the performance of the individual’s duties or the exercise of the individual’s functions. [40/2020]


document_id: pdpa-2012
provision_ref: s48D
chapter: PART 9B - OFFENCES AFFECTING PERSONAL DATA AND
section: 48D
title: Unauthorised disclosure of personal data
content:
48D. —(1) If — ( a ) an individual discloses, or the individual’s conduct causes disclosure of, personal data in the possession or under the control of an organisation or a public agency to another person; ( b ) the disclosure is not authorised by the organisation or public agency, as the case may be; and ( c ) the individual does so — (i) knowing that the disclosure is not authorised by the organisation or public agency, as the case may be; or (ii) reckless as to whether the disclosure is or is not authorised by the organisation or public agency, as the case may be, the individual 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 2 years or to both. [40/2020] (2) In proceedings for an offence under subsection (1), it is a defence to the charge for the accused to prove, on a balance of probabilities, any of the following: ( a ) that — (i) the personal data in the possession or under the control of the organisation or public agency (as the case may be) that was disclosed was, at the time of the disclosure, publicly available; and (ii) where the personal data was publicly available solely because of an applicable contravention, the accused did not know, and was not reckless as to whether, that was the case; ( b ) that the accused disclosed, or caused the disclosure of, personal data in the possession or under the control of the organisation or public agency, as the case may be — (i) as permitted or required by or under an Act or other law (apart from this Act); (ii) as authorised or required by an order of court; (iii) in the reasonable belief that, and was not reckless as to whether, the accused had the legal right to do so; or (iv) in any other circumstances, or for any other purpose, prescribed. [40/2020] (3) To avoid doubt, subsection (2) does not affect any obligation or limitation imposed on, or prohibition of, the disclosure of personal data in the possession or under the control of an organisation or a public agency (as the case may be) by or under any other written law or other law. [40/2020] (4) In this section, “applicable contravention” means a contravention of any of the following: ( a ) subsection (1); ( b ) section 48F(1); ( c ) section 7(1) or 8(1) of the Public Sector (Governance) Act 2018; ( d ) section 14A(1) or 14C(1) of the Monetary Authority of Singapore Act 1970. [40/2020]


document_id: pdpa-2012
provision_ref: s48E
chapter: PART 9B - OFFENCES AFFECTING PERSONAL DATA AND
section: 48E
title: Improper use of personal data
content:
48E. —(1) If — ( a ) an individual makes use of personal data in the possession or under the control of an organisation or a public agency; ( b ) the use is not authorised by the organisation or public agency, as the case may be; ( c ) the individual does so — (i) knowing that the use is not authorised by the organisation or public agency, as the case may be; or (ii) reckless as to whether the use is or is not authorised by the organisation or public agency, as the case may be; and ( d ) the individual, as a result of that use — (i) obtains a gain for the individual or another person; (ii) causes harm to another individual; or (iii) causes a loss to another person, the individual 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 2 years or to both. [40/2020] (2) In proceedings for an offence under subsection (1), it is a defence to the charge for the accused to prove, on a balance of probabilities, any of the following: ( a ) that — (i) the personal data in the possession or under the control of the organisation or public agency (as the case may be) that was used was, at the time of the use, publicly available; and (ii) where the personal data was publicly available solely because of an applicable contravention, the accused did not know, and was not reckless as to whether, that was the case; ( b ) that the accused used the personal data in the possession or under the control of the organisation or public agency, as the case may be — (i) as permitted or required by or under an Act or other law (apart from this Act); (ii) as authorised or required by an order of court; (iii) in the reasonable belief that, and was not reckless as to whether, the accused had the legal right to do so; or (iv) in any other circumstances, or for any other purpose, prescribed. [40/2020] (3) To avoid doubt, subsection (2) does not affect any obligation or limitation imposed on, or prohibition of, the use of personal data in the possession or under the control of an organisation or a public agency (as the case may be) by or under any other written law or other law. [40/2020] (4) In this section, “applicable contravention” means a contravention of any of the following: ( a ) section 48D(1) or 48F(1); ( b ) section 7(1) or 8(1) of the Public Sector (Governance) Act 2018; ( c ) section 14A(1) or 14C(1) of the Monetary Authority of Singapore Act 1970. [40/2020]


document_id: pdpa-2012
provision_ref: s48F
chapter: PART 9B - OFFENCES AFFECTING PERSONAL DATA AND
section: 48F
title: Unauthorised re‑identification of anonymised information
content:
48F. —(1) If — ( a ) an individual takes any action to re‑identify or cause re‑identification of the person to whom anonymised information in the possession or under the control of an organisation or a public agency relates (called in this section the affected person); ( b ) the re‑identification is not authorised by the organisation or public agency, as the case may be; and ( c ) the individual does so — (i) knowing that the re‑identification is not authorised by the organisation or public agency, as the case may be; or (ii) reckless as to whether the re‑identification is or is not authorised by the organisation or public agency, as the case may be, the individual 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 2 years or to both. [40/2020] (2) In proceedings for an offence under subsection (1), it is a defence to the charge for the accused to prove, on a balance of probabilities, any of the following: ( a ) that — (i) the information on the identity of the affected person is publicly available; and (ii) where that information was publicly available solely because of an applicable contravention, the accused did not know, and was not reckless as to whether, that was the case; ( b ) the action to re‑identify or cause re‑identification is — (i) permitted or required by or under an Act or other law (apart from this Act); or (ii) authorised or required by an order of court; ( c ) the accused — (i) reasonably believed that the re‑identification was for a specified purpose; and (ii) notified the Commission or the organisation or public agency (as the case may be) of the re‑identification as soon as was practicable; ( d ) the accused took the action to re‑identify or cause re‑identification in the reasonable belief that, and was not reckless as to whether, the accused had the legal right to do so, other than for a specified purpose; ( e ) in any other circumstances, or for any other purpose, prescribed. [40/2020] (3) To avoid doubt, subsection (2) does not affect any obligation or limitation imposed on, or prohibition of, the re‑identification of the affected person by or under any other written law or other law. [40/2020] (4) In this section — “applicable contravention” means a contravention of any of the following: ( a ) subsection (1); ( b ) section 8(1) of the Public Sector (Governance) Act 2018; ( c ) section 14C(1) of the Monetary Authority of Singapore Act 1970; “specified purpose” means any purpose specified in the Eleventh Schedule. [40/2020]


document_id: pdpa-2012
provision_ref: s48G
chapter: PART 9C - ENFORCEMENT
section: 48G
title: Alternative dispute resolution
content:
48G. —(1) If the Commission is of the opinion that any complaint by an individual (called in this section the complainant) against an organisation may more appropriately be resolved by mediation, the Commission may, without the consent of the complainant and the organisation, refer the matter to mediation under a dispute resolution scheme. [40/2020] (2) Subject to subsection (1), the Commission may, with or without the consent of the complainant and the organisation, direct the complainant or the organisation or both to attempt to resolve the complaint of the complainant in the way directed by the Commission. [40/2020] (3) For the purposes of subsection (1), the Commission may establish or approve one or more dispute resolution schemes for the resolution of complaints by individuals against organisations. [40/2020] (4) The Commission may, with the approval of the Minister, make regulations under section 65 to provide for matters relating to the operation by an operator of a dispute resolution scheme, including — ( a ) the standards or requirements of the services provided under the dispute resolution scheme; ( b ) the fees that the operator may charge for the services provided under the dispute resolution scheme; ( c ) the records that the operator must keep, and the period of retention of those records; ( d ) the reports that the operator must submit to the Commission, and the manner and time for those submissions; ( e ) matters relating to the administration of the dispute resolution scheme; and ( f ) generally to give effect to or for carrying out the purposes of subsections (1) and (3). [40/2020]


document_id: pdpa-2012
provision_ref: s48H
chapter: PART 9C - ENFORCEMENT
section: 48H
title: Power to review
content:
48H. —(1) On the application of a complainant, the Commission may review — ( a ) a refusal by an organisation to provide access to personal data or other information requested by the complainant under section 21, or the organisation’s failure to provide that access within a reasonable time; ( b ) a refusal by an organisation to correct personal data in accordance with a request by the complainant under section 22, or the organisation’s failure to make the correction within a reasonable time; ( c ) a refusal by a porting organisation to transmit any applicable data pursuant to a data porting request under section 26H, or the porting organisation’s failure to transmit the applicable data within a reasonable time; ( d ) a fee required from the complainant by an organisation in relation to a request by the complainant under section 21 or 22; or ( e ) a fee required from the complainant or a receiving organisation by a porting organisation in relation to a data porting request by the complainant under section 26H. [40/2020] (2) Upon completion of its review under subsection (1), the Commission may — ( a ) confirm the refusal to provide access to the personal data or other information, or direct the organisation to provide access to the personal data or other information within the time specified by the Commission; ( b ) confirm the refusal to correct the personal data, or direct the organisation to correct the personal data in the manner and within the time specified by the Commission; ( c ) confirm the refusal to transmit the applicable data, or direct the porting organisation to transmit the applicable data in the manner and within the time specified by the Commission; or ( d ) confirm, reduce or disallow a fee, or direct the organisation or porting organisation (as the case may be) to make a refund to the complainant or receiving organisation, as the case may be. [40/2020]


document_id: pdpa-2012
provision_ref: s48I
chapter: PART 9C - ENFORCEMENT
section: 48I
title: Directions for non‑compliance
content:
48I. —(1) The Commission may, if it is satisfied that — ( a ) an organisation has not complied or is not complying with any provision of Part 3, 4, 5, 6, 6A or 6B; or ( b ) a person has not complied or is not complying with any provision of Part 9 or section 48B(1), give the organisation or person (as the case may be) any direction that the Commission thinks fit in the circumstances to ensure compliance with that provision. [40/2020] (2) Without limiting subsection (1), the Commission may, if it thinks fit in the circumstances to ensure compliance with any provision of Part 3, 4, 5, 6, 6A or 6B, give an organisation all or any of the following directions: ( a ) to stop collecting, using or disclosing personal data in contravention of this Act; ( b ) to destroy personal data collected in contravention of this Act; ( c ) to comply with any direction of the Commission under section 48H(2). [40/2020]


document_id: pdpa-2012
provision_ref: s48J
chapter: PART 9C - ENFORCEMENT
section: 48J
title: Financial penalties
content:
48J. —(1) Subject to subsection (2), the Commission may, if it is satisfied that — ( a ) an organisation has intentionally or negligently contravened any provision of Part 3, 4, 5, 6, 6A or 6B; or ( b ) a person has intentionally or negligently contravened — (i) any provision of Part 9; or (ii) section 48B(1), require, by written notice, the organisation or person (as the case may be) to pay a financial penalty. [40/2020] (2) Subsection (1) does not apply in relation to any contravention of a provision of this Act, the breach of which is an offence under this Act. [40/2020] (3) A financial penalty imposed on an organisation under subsection (1)( a ) must not exceed the maximum amount to be prescribed, which in no case may be more than the following: ( a ) in the case of a contravention on or after the date of commencement of section 24 of the Personal Data Protection (Amendment) Act 2020 by an organisation whose annual turnover in Singapore exceeds $10 million — 10% of the annual turnover in Singapore of the organisation; ( b ) in any other case — $1 million. [Act 40 of 2020 wef 01/10/2022] (4) A financial penalty imposed on a person under subsection (1)( b )(i) must not exceed the maximum amount to be prescribed, which in no case may be more than the following: ( a ) in the case of an individual — $200,000; ( b ) in any other case — $1 million. [40/2020] [Act 40 of 2020 wef 01/10/2022] (4A) A financial penalty imposed on a person under subsection (1)( b )(ii) must not exceed the maximum amount to be prescribed, which in no case may be more than the following: ( a ) in the case of an individual — $200,000; ( b ) in the case of a contravention on or after the date of commencement of section 24 of the Personal Data Protection (Amendment) Act 2020 by a person whose annual turnover in Singapore exceeds $20 million — 5% of the annual turnover of the person in Singapore; ( c ) in any other case — $1 million. [Act 40 of 2020 wef 01/10/2022] (5) For the purposes of subsections (3) and (4), different maximum amounts may be prescribed in respect of contraventions of different provisions of this Act. [40/2020] (5A) For the purposes of subsections (3)( a ) and (4A)( b ), the annual turnover in Singapore of an organisation or a person (as the case may be) is the amount ascertained from the most recent audited accounts of the organisation or person available at the time the financial penalty is imposed on that organisation or person. [Act 40 of 2020 wef 01/10/2022] (6) The Commission must, in determining the amount of a financial penalty imposed under subsection (1), have regard to, and give such weight as the Commission considers appropriate to, all of the following matters: ( a ) the nature, gravity and duration of the non‑compliance by the organisation or person, as the case may be; ( b ) the type and nature of the personal data affected by the non‑compliance by the organisation or person, as the case may be; ( c ) whether the organisation or person (as the case may be), as a result of the non‑compliance, gained any financial benefit or avoided any financial loss; ( d ) whether the organisation or person (as the case may be) took any action to mitigate the effects and consequences of the non‑compliance, and the timeliness and effectiveness of that action; ( e ) whether the organisation or person (as the case may be) had, despite the non‑compliance, implemented adequate and appropriate measures for compliance with the requirements under this Act; ( f ) whether the organisation or person (as the case may be) had previously failed to comply with this Act; ( g ) the compliance of the organisation or person (as the case may be) with any direction given under section 48I or 48L(4) in relation to remedying or mitigating the effect of the non‑compliance; ( h ) whether the financial penalty to be imposed is proportionate and effective, having regard to achieving compliance and deterring non‑compliance with this Act; ( i ) the likely impact of the imposition of the financial penalty on the organisation or person (as the case may be), including the ability of the organisation or person to continue the usual activities of the organisation or person; ( j ) any other matter that may be relevant. [40/2020]


document_id: pdpa-2012
provision_ref: s48K
chapter: PART 9C - ENFORCEMENT
section: 48K
title: Procedure for giving of directions and imposing of financial penalty
content:
48K. —(1) Before giving any direction under section 48I or imposing a financial penalty under section 48J(1), the Commission must give written notice to the organisation or person concerned — ( a ) stating that the Commission intends to take action against the organisation or person under section 48I or 48J(1), as the case may be; ( b ) where the Commission intends to give any direction under section 48I, specifying the direction the Commission proposes to give; ( c ) specifying each instance of non‑compliance that is the subject of the proposed action, or the reason or reasons for the proposed action; and ( d ) subject to subsections (2) and (3), specifying the time within which written representations may be made to the Commission with respect to the proposed action. [40/2020] (2) Where the Commission intends to impose a financial penalty under section 48J(1) on an organisation or a person, the time specified in the notice within which written representations may be made to the Commission must be at least 14 days after the date the notice is served on that organisation or person. [40/2020] (3) The Commission may, on written application by the organisation or person concerned (whether before, on or after the expiry of the time specified in the notice), extend the time for the organisation or person to make written representations to the Commission if the Commission is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case. [40/2020] (4) The Commission may decide to give the direction under section 48I or impose the financial penalty under section 48J(1), as the case may be — ( a ) after considering any written representation made to the Commission pursuant to the notice mentioned in subsection (1); or ( b ) upon the expiry of the time specified in the notice under subsection (1)( d ), or as extended by the Commission under subsection (3), where no representation is so made or any written representation made is subsequently withdrawn. [40/2020] (5) Subsection (1) does not apply where the organisation or person (as the case may be) has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist. [40/2020] (6) Where the Commission decides to give the direction under section 48I or impose the financial penalty under section 48J(1) (as the case may be), the Commission must serve a notice of the decision on the following persons: ( a ) the organisation or person concerned; ( b ) the complainant whose complaint against the organisation or person concerned resulted in the giving of the direction or the imposition of the financial penalty (as the case may be), if any. [40/2020] (7) A direction given under section 48I or the imposition of a financial penalty under section 48J(1) takes effect only when the Commission serves the notice in subsection (6)( a ) on the organisation or person concerned. [40/2020] (8) Where the Commission imposes a financial penalty under section 48J(1) on an organisation or a person, the written notice issued by the Commission to the organisation or person must specify the date before which the financial penalty is to be paid, being a date not earlier than 28 days after the notice is issued. [40/2020] (9) The Commission may, on written application by an organisation or a person on whom a financial penalty under section 48J(1) is imposed — ( a ) extend the time for the organisation or person to pay the financial penalty; or ( b ) allow the financial penalty to be paid by instalments. [40/2020] (10) The interest payable — ( a ) on the outstanding amount of any financial penalty imposed under section 48J(1); and ( b ) for payment by instalments (as the Commission may allow) of any financial penalty imposed under section 48J(1), must be at such rate as the Commission may direct, which must not exceed the rate prescribed in the Rules of Court in respect of judgment debts. [40/2020]


document_id: pdpa-2012
provision_ref: s48L
chapter: PART 9C - ENFORCEMENT
section: 48L
title: Voluntary undertakings
content:
48L. —(1) Without affecting sections 48I, 48J(1) and 50(1), where the Commission has reasonable grounds to believe that — ( a ) an organisation has not complied, is not complying or is likely not to comply with any provision of Part 3, 4, 5, 6, 6A or 6B; or ( b ) a person has not complied, is not complying or is likely not to comply with any provision of Part 9 or section 48B(1), the organisation or person concerned may give, and the Commission may accept, a written voluntary undertaking. [40/2020] (2) Without limiting the matters to which the voluntary undertaking may relate, the voluntary undertaking may include any of the following undertakings by the organisation or person concerned: ( a ) an undertaking to take specified action within a specified time; ( b ) an undertaking to refrain from taking specified action; ( c ) an undertaking to publicise the voluntary undertaking. [40/2020] (3) Subject to subsection (4), the Commission may, after accepting the voluntary undertaking and with the agreement of the organisation or person who gave the voluntary undertaking — ( a ) vary the terms of any undertaking included in the voluntary undertaking; or ( b ) include, in the voluntary undertaking, any additional undertaking mentioned in subsection (2). [40/2020] (4) Where an organisation or a person fails to comply with any undertaking in a voluntary undertaking — ( a ) the Commission may give the organisation or person concerned any direction that the Commission thinks fit in the circumstances to ensure the compliance of the organisation or person with that undertaking; and ( b ) section 48K(1), (3), (4), (5), (6) and (7) applies to the direction given under paragraph ( a ) as if the direction were given under section 48I. [40/2020] (5) In addition, where an organisation or a person fails to comply with an undertaking mentioned in subsection (2)( c ), the Commission may publicise the voluntary undertaking in accordance with the undertaking, and recover the costs and expenses so incurred from the organisation or person as a debt due to the Commission. [40/2020]


document_id: pdpa-2012
provision_ref: s48M
chapter: PART 9C - ENFORCEMENT
section: 48M
title: Enforcement of directions of or written notices by Commission in District Court
content:
48M. —(1) For the purposes of enforcing a direction or written notice mentioned in subsection (2) — ( a ) the Commission may apply for the direction or written notice (as the case may be) to be registered in a District Court in accordance with the Rules of Court; and ( b ) the District Court is to register the direction or written notice in accordance with the Rules of Court. [40/2020] (2) Subsection (1) applies to any of the following: ( a ) a direction made by the Commission under section 48H(2), 48I or 48L(4); ( b ) a written notice by the Commission for the payment of any sum comprising — (i) a financial penalty imposed under section 48J(1); and (ii) any interest payable under section 48K(10) on that financial penalty. [40/2020] (3) From the date of registration of a direction or written notice under subsection (1), the direction or written notice (as the case may be) has the same force and effect, and all proceedings may be taken on the direction or written notice (as the case may be), for the purposes of enforcement, as if it had been an order originally obtained in the District Court which has power to enforce it accordingly. [40/2020] (4) A District Court may, for the purpose of enforcing a direction in accordance with subsection (3), make any order — ( a ) to secure compliance with the direction; or ( b ) to require any person to do anything to remedy, mitigate or eliminate any effects arising from — (i) anything done which ought not, under the direction, to have been done; or (ii) anything not done which ought, under the direction, to have been done, which would not have occurred had the direction been complied with. [40/2020] (5) A District Court has jurisdiction to enforce a written notice in accordance with subsection (3) regardless of the amount of the sum mentioned in subsection (2)( b ). [40/2020]


document_id: pdpa-2012
provision_ref: s48N
chapter: PART 9C - ENFORCEMENT
section: 48N
title: Reconsideration of directions or decisions
content:
48N. —(1) An organisation or a person (including any individual who is a complainant) aggrieved by — ( a ) any direction made by the Commission under section 48G(2), 48I(1) or (2) or 48L(4); or ( b ) any direction or decision made under section 48H(2), may make a written application to the Commission to reconsider the direction or decision in accordance with this section. [40/2020] (2) An organisation or a person aggrieved by a financial penalty imposed by the Commission under section 48J(1) on the organisation or person may make a written application to the Commission to reconsider the decision to impose the financial penalty or the amount of the financial penalty so imposed in accordance with this section. [40/2020] (3) Unless the Commission decides otherwise in any particular case, an application for reconsideration does not suspend the effect of the direction or decision to be reconsidered except in the case of an application for reconsideration under subsection (2). [40/2020] (4) The application for reconsideration — ( a ) subject to subsection (5), must be submitted to the Commission within the prescribed period; ( b ) must be made in the form and manner required by the Commission; and ( c ) must set out the grounds on which the applicant is requesting the reconsideration. [40/2020] (5) The Commission may, on written application by the organisation or person concerned (whether before, on or after the expiry of the prescribed period mentioned in subsection (4)( a )), extend the time for the organisation or person to make the application for reconsideration if the Commission is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case. [40/2020] (6) If an application for reconsideration is made in accordance with this section, the Commission must — ( a ) reconsider the direction or decision; ( b ) take any of the following actions as the Commission thinks fit: (i) affirm, revoke or vary the direction or decision; (ii) affirm or revoke, or vary the amount of, the financial penalty; and ( c ) notify the applicant in writing of the result of the reconsideration. [40/2020] (7) There is to be no application for reconsideration of a decision made under subsection (6)( b ). [40/2020]


document_id: pdpa-2012
provision_ref: s48O
chapter: PART 9C - ENFORCEMENT
section: 48O
title: Right of private action
content:
48O. —(1) A person who suffers loss or damage directly as a result of a contravention — ( a ) by an organisation of any provision of Part 4, 5, 6, 6A or 6B; or ( b ) by a person of any provision of Division 3 of Part 9 or section 48B(1), has a right of action for relief in civil proceedings in a court. [40/2020] (2) If the Commission has made a decision under this Act in respect of a contravention specified in subsection (1), an action accruing under subsection (1) may not be brought in respect of that contravention until after the decision has become final as a result of there being no further right of appeal. [40/2020] (3) The court may grant to the claimant in an action under subsection (1) all or any of the following: ( a ) relief by way of injunction or declaration; ( b ) damages; ( c ) any other relief as the court thinks fit. [40/2020] [Act 25 of 2021 wef 01/04/2022]


document_id: pdpa-2012
provision_ref: s48P
chapter: PART 9D - APPEALS
section: 48P
title: Data Protection Appeal Panel and Data Protection Appeal Committees
content:
48P. —(1) There is established a Data Protection Appeal Panel. [40/2020] (2) The Minister must appoint the members of the Appeal Panel. [40/2020] (3) The Chairperson of the Appeal Panel must be appointed by the Minister from among the members of the Appeal Panel. [40/2020] (4) For the purpose of hearing any appeal under section 48Q, the Chairperson of the Appeal Panel may nominate a Data Protection Appeal Committee comprising 3 or more members of the Appeal Panel. [40/2020] (5) The Seventh Schedule has effect with respect to the Appeal Panel, Appeal Committees and their members and the proceedings of Appeal Committees, as the case may be. [40/2020]


document_id: pdpa-2012
provision_ref: s48Q
chapter: PART 9D - APPEALS
section: 48Q
title: Appeal from direction or decision of Commission
content:
48Q. —(1) An organisation or a person (including an individual who is a complainant) aggrieved by — ( a ) any direction made by the Commission under section 48G(2), 48I(1) or (2) or 48L(4); ( b ) any direction or decision made by the Commission under section 48H(2); or ( c ) any decision made by the Commission under section 48N(6)( b ), may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against that direction or decision. [40/2020] (2) An organisation or a person aggrieved by a financial penalty imposed by the Commission under section 48J(1) on the organisation or person may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against the decision to impose the financial penalty or the amount of the financial penalty so imposed. [40/2020] (3) Where an application for reconsideration has been made under section 48N, every appeal in respect of the same direction or decision which is the subject of the application for reconsideration is deemed to be withdrawn. [40/2020] (4) Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section does not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal under subsection (2). [40/2020] (5) An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal and, in particular, may — ( a ) remit the matter to the Commission; ( b ) impose or revoke, or vary the amount of, a financial penalty; ( c ) give any direction, or take any other step, that the Commission could itself have given or taken; or ( d ) make any other direction or decision that the Commission could itself have made. [40/2020] (6) A direction or decision of an Appeal Committee on an appeal has the same effect, and may be enforced in the same manner, as a direction or decision of the Commission, except that there is to be no application for further reconsideration under section 48N and no further appeal under this section from the direction or decision of the Appeal Committee. [40/2020] (7) If an Appeal Committee confirms the direction or decision which is the subject of the appeal, it may nevertheless set aside any finding of fact on which the direction or decision was based. [40/2020]


document_id: pdpa-2012
provision_ref: s48R
chapter: PART 9D - APPEALS
section: 48R
title: Appeals to General Division of High Court, etc.
content:
48R. —(1) An appeal against, or with respect to, a direction or decision of an Appeal Committee lies to the General Division of the High Court — ( a ) on a point of law arising from the direction or decision of the Appeal Committee; or ( b ) from any direction of the Appeal Committee as to the amount of a financial penalty. [40/2020] (2) An appeal under this section may be made within the prescribed time only at the instance of — ( a ) the organisation or person aggrieved by the direction or decision of the Appeal Committee; ( b ) if the decision relates to a complaint, the complainant; or ( c ) the Commission. [40/2020] (3) The General Division of the High Court is to hear and determine any appeal under this section and may — ( a ) confirm, modify or reverse the direction or decision of the Appeal Committee; and ( b ) make any further or other order on the appeal, whether as to costs or otherwise, as the General Division of the High Court thinks fit. [40/2020] (4) There is such further right of appeal from decisions of the General Division of the High Court under this section as exists in the case of decisions made by the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2020]


document_id: pdpa-2012
provision_ref: s49
chapter: PART 10 - GENERAL
section: 49
title: Advisory guidelines
content:
49. —(1) The Commission may issue written advisory guidelines indicating the manner in which the Commission will interpret the provisions of this Act. (2) Guidelines issued under this section may be varied, amended or revoked by the Commission. (3) The Commission must publish the guidelines in any way the Commission thinks fit, but failure to comply with this subsection in respect of any guidelines does not invalidate the guidelines.


document_id: pdpa-2012
provision_ref: s50
chapter: PART 10 - GENERAL
section: 50
title: Powers of investigation
content:
50. —(1) The Commission may, upon complaint or of its own motion, conduct an investigation under this section to determine whether or not an organisation or a person is complying with this Act, including a voluntary undertaking given by the organisation or person under section 48L(1). [40/2020] (2) The powers of investigation under this section of the Commission and the inspectors are set out in the Ninth Schedule. (3) The Commission may suspend, discontinue or refuse to conduct an investigation under this section if it thinks fit, including but not limited to any of the following circumstances: ( a ) the complainant has not complied with a direction under section 48G(2); ( b ) the parties involved in the matter have mutually agreed to settle the matter; ( c ) any party involved in the matter has commenced legal proceedings against another party in respect of any contravention or alleged contravention of this Act by the other party; ( ca ) the Commission accepts a voluntary undertaking given by an organisation or a person under section 48L(1) in relation to the matter; ( d ) the Commission is of the opinion that the matter may be more appropriately investigated by another regulatory authority and has referred the matter to that authority; ( e ) the Commission is of the opinion that — (i) a complaint is frivolous or vexatious or is not made in good faith; or (ii) any other circumstances warrant refusing to conduct, suspending or discontinuing the investigation. [40/2020] (3A) To avoid doubt, despite subsection (3)( ca ), the Commission may conduct or resume an investigation under this section at any time if an organisation or a person fails to comply with a voluntary undertaking given by the organisation or person under section 48L(1) in relation to any matter. [40/2020] (4) An organisation must retain records relating to an investigation under this section for one year after the conclusion of the investigation or any longer period specified in writing by the Commission.


document_id: pdpa-2012
provision_ref: s51
chapter: PART 10 - GENERAL
section: 51
title: Offences and penalties
content:
51. —(1) A person shall be guilty of an offence if the person — ( a ) makes a request under section 21(1) to obtain access to personal data about another individual without the authority of that other individual; ( b ) makes a request under section 22(1) to change personal data about another individual without the authority of that other individual; or ( c ) subject to subsection (1A), gives a porting organisation a data porting request under section 26H(1) to transmit personal data about another individual to a receiving organisation without the authority of that other individual. [40/2020] (1A) Subsection (1)( c ) does not apply to an individual who gives a data porting request under section 26H(1), in the individual’s personal or domestic capacity, to transmit any user activity data or user‑provided data about the individual even though the user activity data or user‑provided data (as the case may be) includes personal data about another individual. [40/2020] (2) A person guilty of an offence under subsection (1) 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. (3) An organisation or person commits an offence if the organisation or person — ( a ) with an intent to evade a request under section 21 or 22, disposes of, alters, falsifies, conceals or destroys, or directs another person to dispose of, alter, falsify, conceal or destroy, a record containing — (i) personal data; or (ii) information about the collection, use or disclosure of personal data; ( b ) obstructs or hinders the Commission, an inspector or an authorised officer in the performance of any function or duty, or the exercise of any power, under this Act; ( ba ) without reasonable excuse, neglects or refuses to provide any information or produce any document which the organisation or person is required by or under this Act to provide or produce to the Commission or an inspector; ( bb ) without reasonable excuse, neglects or refuses to attend before the Commission or an inspector as required by or under this Act; or ( c ) makes a statement, or provides any information or document, to the Commission, an inspector or an authorised officer under this Act, which the organisation or person knows, or ought reasonably to know, to be false or misleading in any material particular. [22/2016; 40/2020] (4) An organisation or person that commits an offence under subsection (3)( a ) is liable — ( a ) in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in any other case, to a fine not exceeding $50,000. [40/2020] (5) An organisation or person that commits an offence under subsection (3)( b ) or ( c ) is liable — ( a ) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in any other case, to a fine not exceeding $100,000. (6) An organisation or a person that commits an offence under subsection (3)( ba ) or ( bb ) is liable — ( a ) in the case of an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in any other case — to a fine not exceeding $10,000. [40/2020]


document_id: pdpa-2012
provision_ref: s52
chapter: PART 10 - GENERAL
section: 52
title: Offences by corporations
content:
52. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of the actual or apparent authority of the officer, employee or agent, as the case may be; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. [40/2020] (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. [40/2020] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. [40/2020] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [40/2020] (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. [40/2020] (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 corporation formed or recognised under the law of a territory outside Singapore. [40/2020] (7) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [40/2020]


document_id: pdpa-2012
provision_ref: s52A
chapter: PART 10 - GENERAL
section: 52A
title: Offences by unincorporated associations or partnerships
content:
52A. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of the actual or apparent authority of the employee or agent, as the case may be; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. [40/2020] (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. [40/2020] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. [40/2020] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [40/2020] (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. [40/2020] (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 unincorporated association or partnership formed or recognised under the law of a territory outside Singapore. [40/2020] (7) In this section — “officer”, 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, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of the committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [40/2020]


document_id: pdpa-2012
provision_ref: s53
chapter: PART 10 - GENERAL
section: 53
title: Liability of employers for acts of employees
content:
53. —(1) Any act done or conduct engaged in by a person in the course of his or her employment (called in this section the employee) is treated for the purposes of this Act as done or engaged in by his or her employer as well as by the employee, whether or not it was done or engaged in with the employer’s knowledge or approval. (2) In any proceedings for an offence under this Act brought against any person in respect of an act or conduct alleged to have been done or engaged in (as the case may be) by an employee of that person, it is a defence for that person to prove that the person took such steps as were practicable to prevent the employee from doing the act or engaging in the conduct, or from doing or engaging in, in the course of his or her employment, acts or conduct (as the case may be) of that description.


document_id: pdpa-2012
provision_ref: s54
chapter: PART 10 - GENERAL
section: 54
title: Jurisdiction of court
content:
54. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: pdpa-2012
provision_ref: s55
chapter: PART 10 - GENERAL
section: 55
title: Composition of offences
content:
55. —(1) The Commission may compound any offence under this Act (except Part 9) that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) a sum of $5,000. (2) The Commission may compound any offence under Part 9 that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000. (3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (4) The Commission may, with the approval of the Minister, make regulations prescribing the offences that may be compounded. [22/2016]


document_id: pdpa-2012
provision_ref: s56
chapter: PART 10 - GENERAL
section: 56
title: General penalties
content:
56. A person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 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 not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: pdpa-2012
provision_ref: s57
chapter: PART 10 - GENERAL
section: 57
title: Public servants and public officers
content:
57. —(1) All individuals appointed under section 8(1) — ( a ) are deemed to be public servants for the purposes of the Penal Code 1871; and ( b ) are, in relation to their administration, assessment, collection or enforcement of payment of composition sums under this Act, deemed to be public officers for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to these individuals even though they are not or were not in the employment of the Government. [22/2016] (2) All members of the Appeal Panel, and all members of an advisory committee, are deemed to be public servants for the purposes of the Penal Code 1871. [22/2016]


document_id: pdpa-2012
provision_ref: s58
chapter: PART 10 - GENERAL
section: 58
title: Evidence in proceedings
content:
58. —(1) The Commission, the Appeal Panel, an Appeal Committee, their members and anyone acting for or under the direction of the Commission must not give or be compelled to give evidence in a court or in any other proceedings in respect of any information obtained in performing their duties or exercising their powers or functions under this Act, except — ( a ) in a prosecution for perjury or for the provision of false information; ( b ) in a prosecution for an offence under this Act; or ( c ) in an application for judicial review or an appeal from a decision with respect to such an application. (2) Subsection (1) applies also in respect of evidence of the existence of proceedings conducted before the Commission.


document_id: pdpa-2012
provision_ref: s59
chapter: PART 10 - GENERAL
section: 59
title: Preservation of secrecy
content:
59. —(1) Subject to subsection (5), every specified person must preserve, and aid in the preservation of, secrecy with regard to — ( a ) any personal data an organisation would be required or authorised to refuse to disclose if it were contained in personal data requested under section 21; ( b ) whether information exists, if an organisation in refusing to provide access under section 21 does not indicate whether the information exists; ( c ) all matters that have been identified as confidential under subsection (3); and ( d ) all matters relating to the identity of persons providing information to the Commission, that may come to the specified person’s knowledge in the performance of the specified person’s functions and discharge of the specified person’s duties under this Act and must not communicate any such matter to any person, except insofar as such communication — ( e ) is necessary for the performance of any such function or discharge of any such duty; or ( f ) is lawfully required by any court, or lawfully required or permitted under this Act or any other written law. (2) A person who fails to comply with subsection (1) shall be guilty of an offence. (3) A person, when providing any information to the Commission, may identify information that the person claims to be confidential information. (4) Every claim made under subsection (3) must be supported by a written statement giving reasons why the information is confidential. (5) Despite subsection (1), the Commission may disclose, or authorise any specified person to disclose, any information relating to any matter referred to in subsection (1) in any of the following circumstances: ( a ) where the consent of the person to whom the information relates has been obtained; ( b ) if the Commission considers there is evidence of an offence, disclose information relating to the commission of an offence to the Public Prosecutor, any police officer and other law enforcement authorities; ( c ) to give effect to any provision of this Act; ( d ) for the purposes of a prosecution, an application or an appeal mentioned in section 58(1)( a ), ( b ) or ( c ); ( e ) to comply with any provision of a cooperation agreement entered into under section 10, where the conditions specified in subsection (6) are satisfied; or ( f ) to a public body in such circumstances as the Minister may prescribe. (6) The conditions mentioned in subsection (5)( e ) are — ( a ) that the information or documents requested by the foreign country are in the possession of the Commission; ( b ) that unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; and ( c ) that the disclosure of the information is not likely to be contrary to the public interest. (7) In this section, “specified person” means a person who is or has been — ( a ) a member or an officer of a relevant body; ( aa ) a person authorised or appointed by a relevant body to perform the relevant body’s functions or duties, or exercise the relevant body’s powers, under this Act or any other written law; ( b ) a member of a committee of a relevant body or any person authorised, appointed or employed to assist the relevant body; or ( c ) an inspector or a person authorised, appointed or employed to assist an inspector. [22/2016]


document_id: pdpa-2012
provision_ref: s60
chapter: PART 10 - GENERAL
section: 60
title: Protection from personal liability
content:
60. No liability shall be incurred by — ( a ) any member or officer of a relevant body; ( b ) any person authorised, appointed or employed to assist a relevant body; ( c ) any person who is on secondment or attachment to a relevant body; ( d ) any person authorised or appointed by a relevant body to exercise the relevant body’s powers, perform the relevant body’s functions or discharge the relevant body’s duties or to assist the relevant body in the exercise of its powers, the performance of its functions or the discharge of its duties under this Act or any other written law; or ( e ) any inspector or any person authorised, appointed or employed to assist an inspector in connection with any function or duty of the inspector under this Act, as a result of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the course of or in connection with — ( f ) the exercise or purported exercise of any power under this Act or any other written law; ( g ) the performance or purported performance of any function or the discharge or purported discharge of any duty under this Act or any other written law; or ( h ) the compliance or purported compliance with this Act or any other written law.


document_id: pdpa-2012
provision_ref: s61
chapter: PART 10 - GENERAL
section: 61
title: Symbol of Commission
content:
61. —(1) The Commission has the exclusive right to the use of such symbol or representation as may be prescribed in connection with its activities or affairs. (2) A person who, without the authority of the Commission, uses a symbol or representation identical with that of the Commission, or which so resembles the symbol or representation of the Commission as to deceive or cause confusion, or to be likely to deceive or to cause confusion, 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.


document_id: pdpa-2012
provision_ref: s62
chapter: PART 10 - GENERAL
section: 62
title: Power to exempt
content:
62. The Commission may, with the approval of the Minister, by order in the Gazette , exempt any person or organisation or any class of persons or organisations from all or any of the provisions of this Act, subject to such terms or conditions as may be specified in the order.


document_id: pdpa-2012
provision_ref: s63
chapter: PART 10 - GENERAL
section: 63
title: Certificate as to national interest
content:
63. For the purposes of this Act, if any doubt arises as to whether anything is necessary for the purpose of, or could be contrary to, the national interest, a certificate signed by the Minister charged with responsibility for that matter is conclusive evidence of the matters stated in the certificate.


document_id: pdpa-2012
provision_ref: s64
chapter: PART 10 - GENERAL
section: 64
title: Amendment of Schedules
content:
64. —(1) The Minister may, by order in the Gazette , amend any of the Schedules, except the Ninth Schedule. (2) An order under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pdpa-2012
provision_ref: s65
chapter: PART 10 - GENERAL
section: 65
title: Power to make regulations
content:
65. —(1) The Commission may, with the approval of the Minister, make such regulations as may be necessary or expedient for carrying out the purposes and provisions of this Act and for prescribing anything that may be required or authorised to be prescribed by this Act. [22/2016] (2) Without limiting subsection (1), the Commission may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters: ( a ) [ Deleted by Act 22 of 2016 ] ( b ) the form, manner and procedures, relating to the making and responding to requests under section 21 or 22, including the content of responses to such requests, the period for such responses, the circumstances in which an organisation may refuse to provide a response or refuse to confirm or deny the existence of any matter and the fees that an organisation may charge in respect of such requests; ( ba ) the assessment and notification of notifiable data breaches, including — (i) the steps and measures that an organisation must take in relation to the investigation and assessment of data breaches; and (ii) the form and manner in which the Commission and affected individuals must be notified of notifiable data breaches; ( bb ) the form, manner and procedures relating to data porting requests, including — (i) the information and particulars that must be provided for such requests; (ii) the time for and content of a porting organisation’s responses to such requests; (iii) the steps that a receiving organisation must take to confirm the accessibility and completeness of any applicable data transmitted by a porting organisation; and (iv) the fees that a porting organisation may charge in respect of such requests; ( c ) the classes of persons who may act under this Act for minors, deceased persons or any other individuals who lack capacity to act under this Act and regulating the manner in which, and the extent to which, any rights or powers of individuals under this Act may be exercised on their behalf; ( d ) the form, manner and procedures relating to applications and complaints under this Act; ( e ) the conduct of reviews by the Commission under section 48H; ( f ) the form, manner and procedures for applications for reconsideration by the Commission under section 48N, including the fees to be paid in respect of such applications; ( g ) the form, manner and procedures for appeals to an Appeal Committee, including the fees to be paid in respect of such appeals; ( h ) the award of costs of or incidental to any proceedings before the Commission or Appeal Committee, and the award of expenses, including any allowances payable to persons in connection with their attendance before the Commission or Appeal Committee; ( i ) the criteria for determining whether a Singapore telephone number is eligible to be listed in a register; ( j ) the manner in which entries in the register are to be made, corrected or removed; ( k ) the manner and form of giving or withdrawing consent for the sending of a specified message; ( l ) any other matter relating to the establishment, operation or administration of the register; ( m ) the fees to be paid in respect of applications, and services provided by or on behalf of the Commission, under this Act, including applications made under section 40(2); ( n ) the requirements that checkers must comply with for the purposes of this Act. [22/2016; 40/2020] (3) Regulations made under this section may provide differently for different organisations, individuals, classes of organisations or classes of individuals.


document_id: pdpa-2012
provision_ref: s66
chapter: PART 10 - GENERAL
section: 66
title: Rules of Court
content:
66. Rules of Court may be made to provide for the practice and procedure relating to actions under section 48O and appeals under section 48R, including the requirement that the claimant notify the Commission upon commencing any such action or appeal, and for matters related thereto. [40/2020] [Act 25 of 2021 wef 01/04/2022]


document_id: pdpa-2012
provision_ref: s67
chapter: PART 10 - GENERAL
section: 67
title: Saving and transitional provisions
content:
67. —(1) Every act done by or on behalf of the Former Commission before 1 October 2016 remains valid and has effect as though it has been done by or on behalf of the Commission, until such time as the Commission invalidates, revokes, cancels or otherwise determines that act. [22/2016] (2) Where any thing has been started by or on behalf of the Former Commission before 1 October 2016, the Commission may carry on and complete that thing on or after that date. [22/2016] (3) Any approval, authorisation, decision, direction, exemption, guideline or notice (or other document) given or made by the Former Commission under this Act before 1 October 2016 remains valid and is deemed to have been given or made by the Commission under this Act, to the extent that it is not inconsistent with this Act as amended by the Info‑communications Media Development Authority Act 2016. [22/2016] (4) Any application that is made to the Former Commission under this Act and is pending on 1 October 2016 is deemed to be an application made to the Commission under this Act, to the extent that it is not inconsistent with this Act as amended by the Info‑communications Media Development Authority Act 2016. [22/2016] (5) Any appeal made before 1 October 2016 under Part 8 in respect of any direction or decision of the Former Commission is deemed to be an appeal in respect of the direction or decision of the Commission. [22/2016] (6) Any authorisation made by, or any certificate or other document signed by, the Chairman of the Former Commission under this Act before 1 October 2016 remains valid and is deemed to have been made or signed by the Chief Executive of the Authority under this Act. [22/2016] (7) [ Omitted as spent ] [22/2016] (8) This section does not affect the operation of section 16 of the Interpretation Act 1965. [22/2016] (9) In this section, “Former Commission” means the Personal Data Protection Commission established by section 5(1) as in force immediately before 1 October 2016. [22/2016]


document_id: pdpa-2012
provision_ref: s68
chapter: PART 10 - GENERAL
section: 68
title: Dissolution
content:
68. —(1) The Former Commission is dissolved. [22/2016] (2) In this section, “Former Commission” has the meaning given by section 67(9). [22/2016]


document_id: pea-1954
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “access”, in relation to content, means to encounter, read, view, hear or otherwise experience the content, and includes — ( a ) access that is subject to a precondition, such as the use of a password; ( b ) access by way of push technology; ( c ) access by way of a standing request; and ( d ) access for a limited period of time only; [Act 8 of 2023 wef 14/06/2024] “ballot box” includes a ballot container; “ballot display” means an electronic video display, image or representation of a ballot paper on a screen; “banner” means any continuous piece of fabric or other flexible material, or one or more pieces of fabric or other flexible material joined into a continuous piece — ( a ) on which content is printed, written, drawn or depicted in such a way as to be fully legible in windless conditions; and ( b ) that is attached (by rope, wire or otherwise) to any building or structure or to any pole or flagstaff projecting vertically, horizontally or at an angle, but not a banner carried during a procession; [Act 8 of 2023 wef 14/06/2024] “billboard” means any of the following: ( a ) a hoarding, signboard or free-standing advertising structure on which content is printed, written, drawn, affixed or depicted in such a way as to be fully legible; ( b ) a sign or panel which — (i) has an electronically controlled or a digitally controlled (or both) illuminated display surface; and (ii) allows for different content to be shown, changed, animated or illuminated in different ways and at different intervals on that sign or panel; ( c ) a wall, ceiling or other like substantially flat and fixed surface, on which content is painted, written, drawn or depicted in such a way as to be fully legible; ( d ) a blimp, a gas-inflated balloon or other like object which is attached or anchored to the ground and upon which information or material is displayed, but not a poster, placard, picture, photograph or balloon carried during a procession; Examples ( a ) A sky sign on or above the roof, parapet or eaves of a building. ( b ) An animated billboard. ( c ) A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service. [Act 8 of 2023 wef 14/06/2024] “by electronic means” means by using an electronic service; [Act 8 of 2023 wef 14/06/2024] “candidate” means a person who is nominated as a candidate for election to any seat in Parliament; “Commissioner of National Registration” means the Commissioner of National Registration appointed under the National Registration Act 1965; “contact address”, in relation to any person, means the person’s contact address under section 10(2) of the National Registration Act 1965; “content” means information or material — ( a ) whether in the form of text; ( b ) whether in the form of speech, music or other sounds; ( c ) whether in the form of colours or visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction); ( d ) whether in any other form; or ( e ) whether in any combination of forms; [Act 8 of 2023 wef 14/06/2024] “conveyance” means any aircraft, train, vehicle, vessel or other mode of transport, whether of passengers or goods or both; [Act 8 of 2023 wef 14/06/2024] “direct recording electronic voting machine” or “DRE voting machine” means any mechanical, electronic or electro‑optical machine that can — ( a ) be activated by a voter to mark or record his or her vote for any candidate or group of candidates on a ballot display on the machine; ( b ) process the vote by means of a computer program; ( c ) instantaneously record and store that vote in a memory device within the machine; and ( d ) sort and count votes marked or recorded on all ballot displays on that machine, and includes any computer program that is used in the operation of the machine; “direct recording electronic voting system” or “DRE voting system” means any voting system using DRE voting machines; “election” means an election for the purpose of electing a Member of Parliament; “election advertising” means any information or material that can reasonably be regarded as intended — ( a ) to promote or procure the electoral success at any election for one or more identifiable political parties, candidates or groups of candidates; or ( b ) to otherwise enhance the standing of any such political parties, candidates or groups of candidates with the electorate in connection with any election, and such information or material is election advertising even though it can reasonably be regarded as intended to achieve any other purpose as well and even though it does not expressly mention the name of any political party or candidate; [Act 8 of 2023 wef 14/06/2024] “election advertising regulations” means regulations made under section 61R; [Act 8 of 2023 wef 14/06/2024] “election meeting” has the meaning given by section 80A(4); [Act 8 of 2023 wef 14/06/2024] “elector” means a person whose name is entered in a register as an elector to vote at an election; “electoral division” means an electoral division specified in the notification for the time being in force under section 8; “electronic service” means — ( a ) a service that allows end‑users of the service to access content using a broadcasting service or telecommunication service for carrying messages or other content (whether between persons and persons, things and things or persons and things); or ( b ) a service that delivers content to persons having equipment appropriate for receiving that content, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph ( a ), and includes a social media service (as defined in section 61S(1)); [Act 8 of 2023 wef 14/06/2024] “end‑user”, in relation to an electronic service, means a person that, and whether or not in the course of business — ( a ) has access to content, or something which contains content, by means of the electronic service; or ( b ) communicates content, or something which contains content, by means of the electronic service; [Act 8 of 2023 wef 14/06/2024] “entity” means — ( a ) a body corporate (including a limited liability partnership); ( b ) an unincorporated association; ( c ) a partnership; ( d ) a body politic; ( e ) a body of individuals who together form a body; or ( f ) a person other than an individual; [Act 8 of 2023 wef 14/06/2024] “flag” means a continuous piece of fabric or other flexible material, or one or more pieces of fabric or other flexible material joined into a continuous piece — ( a ) on which content is printed, written, drawn or depicted in such a way as to be normally not legible in windless conditions; and ( b ) that is attached (by rope, wire or otherwise) to a pole or flagstaff projecting vertically, horizontally or at an angle, and includes a flag, bunting, ribbon or streamer of any colour or colours but not a flag, bunting or streamer carried during a procession; [Act 8 of 2023 wef 14/06/2024] “foreign entity” means an entity that — ( a ) is constituted or organised under a law of a foreign country, even if registered under any written law; or ( b ) has its principal place of business in a foreign country, even if incorporated under any written law; [Act 8 of 2023 wef 14/06/2024] “foreigner” means an individual who is not a citizen of Singapore; [Act 8 of 2023 wef 14/06/2024] “general election” means a general election of Members after a dissolution of Parliament; “grounds” means land in Singapore that has a boundary fence or another structure or feature to mark the boundary of the land; [Act 8 of 2023 wef 14/06/2024] “group” means a group of not less than 3 but not more than 6 candidates nominated for any election in any group representation constituency in accordance with section 27B; “group representation constituency” means any electoral division declared to be a group representation constituency under section 8A(1)( a ); “Member” means a Member of Parliament; “non-online election advertising” means election advertising that is not online election advertising; [Act 8 of 2023 wef 14/06/2024] “nursing home” means any premises that are — ( a ) licensed as a private hospital under the Private Hospitals and Medical Clinics Act 1980; and ( b ) used or intended to be used for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity; [Act 8 of 2023 wef 14/06/2024] “official sign” means a poster, banner or other notice for an election prepared by, or with the authority of, the Returning Officer as required by or for the purposes of this Act; [Act 8 of 2023 wef 14/06/2024] “online election advertising” means election advertising that is published in any way that renders the election advertising accessible from the Internet; [Act 8 of 2023 wef 14/06/2024] “online location” means any website, webpage, chatroom or forum, or any other similar thing in electronic or digital form that is accessible from the Internet; [Act 8 of 2023 wef 14/06/2024] “ordinary polling station” means a polling station established in Singapore under section 36A(1); [Act 8 of 2023 wef 14/06/2024] “overseas elector” means an elector who is registered under this Act as an overseas elector; “overseas polling station” means such of the following premises situated outside Singapore as the Returning Officer may approve under section 36A(2) to be an overseas polling station: ( a ) an embassy, a High Commission, a diplomatic mission, a permanent mission or a consulate of Singapore (or any part of it) in a country or territory outside Singapore; ( b ) the official residence (or any part of it) of any person who is appointed to hold or act in any of the following offices in a country or territory outside Singapore: (i) an ambassador, a High Commissioner, a Consulate‑General or the head of a diplomatic mission or consulate; (ii) the Permanent Representative; (iii) such other senior diplomatic or consular office as the Minister may prescribe; “overseas registration centre” means an overseas registration centre established under section 10(4); “Parliament” means the Parliament of Singapore established by the Constitution; “political donation certificate” means a political donation certificate issued under section 63(3) of the Foreign Interference (Countermeasures) Act 2021 in respect of an election; [Act 28 of 2021 wef 29/12/2023] “political party” means a political party which is registered under the Societies Act 1966; “polling district” means a part of an electoral division subdivided under section 9; “polling station” means — ( a ) an ordinary polling station; ( b ) a special polling station; or ( c ) an overseas polling station; [Act 8 of 2023 wef 14/06/2024] “postal voting papers” means — ( a ) a ballot paper designed and intended to be used exclusively for the postal voting method (called in this Act a postal ballot paper); and ( b ) an envelope designed and intended to be used exclusively to contain a postal ballot paper (called in this Act a return envelope); [Act 8 of 2023 wef 14/06/2024] “postal voting period”, for an election in an electoral division, means the period — ( a ) starting the day immediately after the day of nomination at the election; and ( b ) ending (and including) the eve of polling day in Singapore at the election; [Act 8 of 2023 wef 14/06/2024] “poster” means any of the following: ( a ) any paper, plastic, corflute or other inflexible material on which content is printed, written, drawn or depicted in such a way as to be fully legible; ( b ) any text, any colours or visual images (animated or otherwise) or any pictorial or graphic form, which is projected on to any external surface of a building or structur


