Computer Misuse Act (Chapter 50A)

Computer Misuse Act, was enacted in 1992 to address computer crimes in Singapore. An ammendment was later introduced in Parliament in 1998. The new Ammended Act supposedly is to take a more sophistiated approach to provide for enhanced penalties proportionate to the different levels of potential and actual harm caused. [4]

1. Types of Crimes

The Computer Misuse Act covers offences for several computer crimes. Some of which includes unauthorised access to computer materials, access with intent to commit or facilitate commission of offence, modification of computer material, use or interception of a computer service, obstruction of the use of a computer and disclosure of access code. [6]:

http://www.ramdwong.com.sg/news/jul01/misuse.htm

1.1 What is "computer crime" and what is "cyber crime"?

To clarify, the term 'computer crime' is different from 'cyber crime'. Computer crime involves acts that attack the functions of a computer, access to a computer or the Internet, etc. This can be likened to property trespassing. Examples of these crimes are hacking, denying another access to Internet usage, and sending unsolicited or virus-causing electronic mail.

On the other hand, cyber crimes are crimes committed in cyberspace but in this case the computer is used as an instrument of carrying out the crime. Examples include, fraud, theft, and extortion. (2)

2. Offences/Liabilities

2.1 Unauthorised access to computer material

Unauthorised access to computer materials refers to any person who knowingly causes a computer to perform any function for the purpose of securing access without authority to any program or data held in any computer. (1)

Some examples include: using another person's identifier (ID) and password without proper authority in order to use data or a program, or to alter, delete, copy or move a program or data, or simply to output a program or data.

2.1.1Penalty

Offender 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 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.[1]

2.2 Access with intent to commit or facilitate commission of offence

This refers to any person who causes a computer to perform any function for the purpose of securing access to any program or data held in any computer with intent to commit an offence.

Some examples include: online offences involving property, fraud, dishonesty such as gaining access to financial or administrative records and manipulating banking system to commit identity theft. However, the court would have to prove the intent of the offender.

2.2.1 Penalty

Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.[1]

2.3 Unauthorised modification of computer material

This refers to any person who does and is aware of making any unauthorised modification of the contents of any computer.

Some examples include: destroying another user's files; modifying system files; creation of a virus; introduction of a local virus; introduction of a networked virus; changing examination results; and deliberately generating information to cause a complete system malfunction.

2.3.1 Penalty

Offender 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 second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

2.4 Unauthorised use or interception of computer service

This refers to any person who knowingly and without authority: (i ) secures access to any computer to obtain services; or (ii) intercepts, records or listens to a function or a communication to or from a computer; or (iii) uses any other device to carry out acts. [6]

Some examples include: Hacking of computer systems for the purpose of gaining free internet services or to carry out spying activities.[6] Hacking includes a wide range of activities such as monitoring, thievery, exploitation, altering, vandalism, and destruction of computer systems, all of which endanger individuals' rights to privacy and security. The hacking process is performed by a hacker, a person that uses programming skills to gain illegal access to a computer, a network or a file.[5]

2.4.1 Penalty

Offender 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 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

2.5 Unauthorised obstruction of use of computer

This refers to any person who, knowingly and without authority or lawful excuse: (i ) interferes, interrupts or obstructs the use of a computer; or (ii) impedes or prevent access to, or impairs the usefulness or effectiveness of a program or data stored in a computer. [1]

One example includes email bombing, which is characterized by abusers repeatedly sending an email message to a particular address at a specific victim site. In many instances, the messages will be large and constructed from meaningless data in an effort to consume additional system and network resources. Multiple accounts at the target site may be abused, increasing the denial of service impact.[3]

2.5.1 Penalty

2.6 Unauthorised disclosure of access code

This refers to disclosing one's access code to any program or data held in any computer and the disclosure was for a wrongful gain, unlawful purpose or with the knowledge that it is likely to cause wrongful loss to any person.[6]

One example includes sale of one's company's access code to confidential information to others.

2.6.1 Penalty

Any person guilty of the offence 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 second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.[1]

2.7 Enhanced punishment for offences involving protected computers

This refers to the situation where access to any protected computer is obtained in the course of the commission of an offence under section "Unauthorised access to computer material", "Unauthorised modification of computer material", "Unauthorised use or interception of computer service" or "Unauthorised obstruction of use of computer". [6]

2.7.1 Penalty

Offender shall, in lieu of the punishment prescribed in those sections, be liable to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 20 years or to both. [1]

3. What else has been done?

Singapore has also created new law enforcement agencies with specially trained personnel to keep pace with the rapid advances in technology and the resulting proliferation of computer-based crimes. It has given its police force additional powers, including extra-territorial jurisdiction to aid in their efforts at apprehending computer-based criminals. [2]

4. Reference

1. Attorney-General's Chambers and the Managing for Excellence Office, MOF. (2008, October 15). Singapore Statutes OnLine. Retrieved November 13, 2008, from Attorney-General's Chambers and the Managing for Excellence Office, MOF Web site: http://statutes.agc.gov.sg/

2. Attorneys, S. (2008, April 1). Internet law - fighting computer crime in Singapore. Retrieved November 13, 2008, from Computer Crime Research Center: http://www.crime-research.org/news/01.04.2008/3286/

3.CERT Coordination Center. (2002, August 14). Email Bombing and Spamming. Retrieved November 13, 2008, from www.cert.org: http://www.cert.org/tech_tips/email_bombing_spamming.html

4. Infocomm Development Authority of Singapore. (2006, October 31). IDA Singapore - Policies & Regulation - Computer Misuse Act. Retrieved October 21, 2008, from www.ida.gov.sg: http://www.ida.gov.sg/Policies%20and%20Regulation/20060420165257.aspx

5. Leeds School of Business. (2005, January 3). Ethica Publishing Inc: Book Contents. Retrieved November 13, 2008, from Leeds School of Business Web site: http://www.ethicapublishing.com/CH16.htm

6. Meng, C. Y. (2008, July 17). Ramdas & Wong Singapore - Advocates and Solicitors | Articles. Retrieved November 13, 2008, from www.ramdwong.com.sg:

http://www.ramdwong.com.sg/news/jul01/misuse.htm

------------------------------------------------------------------------

Film Act (Chapter 107)

Short title
1. This Act may be cited as the Films Act.

Interpretation
2. —(1) In this Act, unless the context otherwise requires —

"approved warehouse" means any warehouse approved by the Board for the purposes of sections 12 and 13;

"Board" means the Board of Film Censors established under this Act;

"certificate" means a certificate issued under section 15 (3);

"Chairman" means the Chairman of the Board;

"child" means a person who is below the age of 14 years;

“distribute” means to sell, hire out and supply and “distribution”shall be construed accordingly;

"election" means an election under the Parliamentary Elections Act (Cap. 218) or the Presidential Elections Act (Cap. 240A);

"electronic transmission" includes facsimile transmission, electronic mail or other similar kinds of communication but excludes broadcasting;

“exhibition” includes the production of any music, speech, noise, or other sound which accompanies the projection of a film and “exhibit” shall be construed accordingly;

"film" means —

(a) any cinematograph film;

(b) any video recording, including a video recording that is designed for use wholly or principally as a game;

(c) any other material record or thing on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or electronic device, is capable of being reproduced or displayed as wholly or partly visual moving pictures, and includes any part of a film, and any copy or part of a copy of the whole or any part of a film;

"licence" means a licence granted under section 7;

"Licensing Officer" means the officer appointed by the Minister under section 3 (3) and includes an Assistant Licensing Officer;

"obscene" , in relation to a film, means a film the effect of which or (where the film comprises 2 or more distinct parts or items) the effect of any one of its parts or items is, if taken as a whole, such as to tend to deprave or corrupt persons who are likely, having regard to all relevant circumstances, to see or hear the film;

“owner” or “owner of a film”means any person who is for the time being entitled, either as owner or agent for the owner, or otherwise, to the possession of a film, but does not include a bank through which a film is bona fide consigned for the sole purpose of collecting a trade debt;

"party political film" means a film —

(a) which is an advertisement made by or on behalf of any political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body; or

(b) which is made by any person and directed towards any political end in Singapore;

"place" means any building or part thereof, enclosure, ground or open-air space and includes a ship, boat or other vessel and any vehicle;

"Secretary" means the Secretary of the Board;

"supply" , in relation to a film, includes —

(a) supply not only in its physical form but also by means of the electronic transmission of the contents of the film;

(b) supply by way of exchange or loan; or

(c) in relation to a film comprising a material record or thing on which is recorded or stored any information for immediate or future retrieval by the use of any computer or other electronic device, transferring or reproducing or enabling another to transfer or reproduce by electronic transmission the whole or part of the contents of the film onto another such material record or thing for immediate or future retrieval by such similar means;

"video recording" means any disc, magnetic tape or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture;

"young person" means a person who is 14 years of age or above but below the age of 16 years.

[10/98]

(2) For the purposes of this Act, a film is directed towards a political end in Singapore if the film —

(a) contains wholly or partly any matter which, in the opinion of the Board, is intended or likely to affect voting in any election or national referendum in Singapore; or

(b) contains wholly or partly references to or comments on any political matter which, in the opinion of the Board, are either partisan or biased; and “political matter” includes but is not limited to any of the following:

(i) an election or a national referendum in Singapore;

(ii) a candidate or group of candidates in an election;

(iii) an issue submitted or otherwise before electors in an election or a national referendum in Singapore;

(iv) the Government or a previous Government or the opposition to the Government or previous Government;

(v) a Member of Parliament;

(vi) a current policy of the Government or an issue of public controversy in Singapore; or

(vii) a political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body.

[10/98]

(3) Notwithstanding subsections (1) and (2), none of the following films shall be regarded for the purposes of this Act as a party political film:

(a) a film which is made solely for the purpose of reporting of news by a broadcasting service licensed under any written law;

(b) a film which is made solely for the purpose of informing or educating persons on the procedures and polling times for any election or national referendum in Singapore;

(c) a film which records live the whole or a material proportion of any performance, assembly of persons or procession that is held in accordance with the law and that does not depict any event, person or situation in a dramatic way;

(d) a film designed to provide a record of an event or occasion that is held in accordance with the law for those who took part in the event or occasion or are connected with those who did so;

(e) a documentary film without any animation and composed wholly of an accurate account depicting actual events, persons (deceased or otherwise) or situations, but not a film —

(i) wholly or substantially based on unscripted or “reality” type programmes; or

(ii) that depicts those events, persons or situations in a dramatic way;

(f) a film without animation and dramatic elements —

(i) composed wholly of a political party’s manifesto or declaration of policies or ideology on the basis of which candidates authorised by the political party to stand will seek to be elected at a parliamentary election; and

(ii) made by or on behalf of that political party; and

(g) a film without animation and dramatic elements —

(i) composed wholly of a candidate’s declaration of policies or ideology on the basis of which the candidate will seek to be elected at a parliamentary or presidential election; and

(ii) made by or on behalf of that candidate.

Board of Film Censors and appointment of officers
3. —(1) There shall be established a Board of Film Censors consisting of not less than 3 members including a Chairman, all of whom shall be Censors of Films appointed by the Minister. (2) The Minister may appoint such Deputy and Assistant Censors of Films and such Inspectors of Films as he may think fit. (3) The Minister may, by notification in the Gazette, appoint an officer to be the Licensing Officer for the purposes of this Act and may similarly appoint such number of Assistant Licensing Officers as may be necessary. (4) The Board shall be provided with a Secretary and such clerical and other assistance as may be required.

Procedure of Board
4. —(1) The Board may act notwithstanding any vacancy in its membership. (2) The quorum at all meetings of the Board shall be 2 in addition to the Chairman. (3) The Chairman shall have a casting vote in addition to his deliberative vote. (4) Subject to the provisions of this Act, the Board shall regulate its own procedure.

Advisory committees
4A. —(1) The Minister may appoint one or more advisory committees to provide advice to the Board with regard to the performance of any of its functions in relation to any film. (2) Before making any decision under this Act in relation to a film and for the purpose of forming an opinion on which to base such decision, the Board may consult with the relevant advisory committee in respect of the film but, in making such decision, shall not be bound by such consultation.

Delegation of powers and duties by Board
5. —(1) The Board may, in its discretion, delegate to any Censor, Deputy or Assistant Censor of Films, either generally or in a particular case, all or any of the powers conferred and duties imposed upon it by this Act except the power —

(a) to prohibit the exhibition of a film; and

(b) to approve the exhibition of any film with alterations or excisions unless the written consent of the owner to such alterations or excisions has first been obtained. (2) No delegation under subsection (1) shall debar the Board from the exercise of any power or the performance of any duty so delegated. (3) Any decision of the Board or of any person to whom any power or duty has been delegated by the Board may be signified under the hand of the Chairman or any person authorised by the Chairman to sign on his behalf. (4) Every decision so signified under subsection (3) shall be deemed to be a decision of the Board.

Licence for carrying on business of importing, making, distributing or exhibiting films
6. —(1) No person —

(a) shall carry on any business, whether or not the business is carried on for profit, of importing, making, distributing or exhibiting films unless he is in possession of a valid licence; or

(b) being the owner or occupier of any place shall allow the place to be used by, or let the place or otherwise make the place available to, any person who is not the holder of a valid licence for the purpose of carrying on the business of importing, making, distributing or exhibiting films. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $10,000 but not more than $40,000 or to imprisonment for a term not exceeding 12 months or to both.

[10/98]

Application for licence
7. —(1) An application for a licence shall be made to the Licensing Officer in such form as he may require. (2) On receipt of an application under subsection (1), the Licensing Officer shall consider the application and may grant a licence with or without conditions or refuse to grant a licence without assigning any reason. (3) The Licensing Officer may at any time vary or revoke any of the existing conditions of a licence or impose new conditions.

Security
8. —(1) The Licensing Officer may, before granting a licence, require the applicant to deposit such security as may be prescribed. (2) On the revocation or suspension of a licence, the Licensing Officer may, in his discretion, forfeit in whole or in part any security deposited under subsection (1). (3) Any person aggrieved by a forfeiture under this section may —

(a) require the Licensing Officer to furnish him within 14 days the reason for the forfeiture; and

(b) within 14 days of the furnishing to him of the reasons for the forfeiture, appeal in writing to the Minister whose decision shall be final.

Licence fee
9. Every licensee shall pay such licence fee as may be prescribed.

Period for which licence is in force
10. A licence shall be in force for such period as the Licensing Officer may determine and may be renewed at the discretion of the Licensing Officer on its expiry.

Revocation and suspension of licence
11. The Licensing Officer may revoke or suspend a licence if he is satisfied that the licensee —

(a) has contravened any of the provisions of this Act or any regulations made thereunder;

(b) has failed to comply with any of the conditions of his licence;

(c) has carried on or is carrying on the business of importing, making, distributing or exhibiting films in a manner likely to be detrimental to the interests of the public or his customers; or

(d) has ceased to carry on the business of importing, making, distributing or exhibiting films.

Films made in Singapore to be deposited in approved warehouse
12. —(1) The owner of any film made in Singapore shall, within 7 days after the making of the film, deposit the film in a warehouse approved for this purpose by the Board. (2) Any person who fails to deposit the film in accordance with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Importation and removal of films from approved warehouse
13. —(1) No film shall —

(a) on importation by sea, be removed from the vessel by which the film was imported or from any godown of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap. 170A); or

(b) if imported by land or air, from a post office, railway station or other place of arrival without a permit from the Board.

[6/97]

(2) A permit issued by the Board under subsection (1) shall be valid only for such period as may be specified therein. (3) Every film imported shall forthwith be deposited by the importer thereof in a warehouse approved for this purpose by the Board. (4) Any person who —

(a) removes any film in contravention of subsection (1);

(b) fails to deposit any imported film forthwith in an approved warehouse under subsection (3); or

(c) removes a film from any approved warehouse without the permission in writing of the Board, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (5) This section shall not apply to any film which has been approved for exhibition.

Submission of films for censorship
14. —(1) Every film in the possession of any person shall be submitted to the Board without any alteration or excision for the purpose of censorship at the owner’s risk and expense and at such time and place as the Board may appoint. (2) During the course of censorship, the Board may in its discretion exclude any person from the place where the film is being exhibited. (3) The owner may at any time, with the approval in writing of the Board, which shall not be unreasonably withheld, remove any cinematograph film from any approved warehouse for the purpose of making excisions to it or of reconstructing it, or of obtaining the approval of the Board for its exhibition or of exhibiting exclusively to buyers or exhibitors or their agents.

[10/98]

(4) Any cinematograph film removed from an approved warehouse under subsection (3) shall be returned to that warehouse within 48 hours of the time of its removal therefrom and any excised parts, if excision has been made, shall within 48 hours be delivered to the Board.

[10/98]

(5) Any owner who fails to comply with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (6) There shall be charged for the censorship of any film such fees as may be prescribed.

Prohibition and approval of films for exhibition
15. —(1) After the submission of a film for the purpose of censorship, the Board may —

(a) approve the film for exhibition without alteration or excision;

(b) prohibit the exhibition of the film; or

(c) approve the film for exhibition with such alterations or excisions as it may require. (2) The Board shall, in any case to which subsection (1) (b) or (c) applies, furnish to the owner in writing its reasons for the prohibition or for requiring the alterations or excisions. (3) Where any film is approved for exhibition, the Chairman shall, when the required alterations or excisions, if any, have been made, issue such certificate as the Minister may direct approving the exhibition of the film.

Classification of films
16. —(1) The Board may, when approving the exhibition of any film under section 15, classify the film in such manner as it may think fit and the Minister may approve the classifications under which films may be classified. (2) Where any film is classified under subsection (1), the Board shall specify the classification of the film in the certificate issued in respect of that film and may impose such conditions as it thinks fit. (3) The Board may require the owner of a film to deposit such security as may be prescribed for the due performance by the owner of all or any of the conditions imposed under subsection (2) in relation to the classification of the film.

[10/98]

(4) Without prejudice to subsection (5), any security deposited under subsection (3) may be forfeited in whole or in part at the discretion of the Board if any condition imposed under subsection (2) is contravened or not complied with.

[10/98]

(5) Any person who contravenes or fails to comply with any of the conditions imposed under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Alterations and excisions of films by Board
17. —(1) When alterations or excisions to a film are required by the Board, the alterations or excisions may be made by the Board or, with the consent of the Board, by the owner of the film. (2) Any film delivered to the owner for any alteration or excision shall be returned to the Board within 48 hours of the time of its delivery. (3) Any owner who fails to return the film, together with the excised parts if excision has been made or intact if he has not made the required excisions, within the period specified in subsection (2) without good and reasonable cause shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Retention of prohibited films by Board
18. —(1) Where the Board has prohibited the exhibition of any film or any part of any film, the Board may retain the film or any excised part of the film until it is exported or is disposed of under section 28. (2) On request by the person who submitted the film for censorship, the Board shall return the film or any part of any film retained under subsection (1) if the Board is satisfied that the person intends to take or send the film out of Singapore.

Duplicate film
19. If the owner of a film satisfies the Chairman that a duplicate of a film already approved for exhibition by the Board is deposited in an approved warehouse, the Chairman may, without any further inspection, issue a certificate approving the exhibition of that film.

Interdiction of films approved by Board
20. —(1) A certificate shall cease to be valid on notice to that effect being given by the Board to the person who submitted the film for the purpose of censorship or to any person in possession of the film. (2) Where any person referred to in subsection (1) cannot be found, the notice may be given by publication in the Gazette. (3) On receipt of a notice under subsection (1), the person having possession or control of the film to which it relates shall forthwith return the certificate to the Board and shall also, if so required by the Board, return the film for further examination. (4) Any person who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Penalty for possession, exhibition or distribution of uncensored films
21. —(1) Any person who —

(a) has in his possession;

(b) exhibits or distributes; or

(c) reproduces, any film without a valid certificate, approving the exhibition of the film, shall be guilty of an offence and shall be liable on conviction —

(i) in respect of an offence under paragraph (a), to a fine of not less than $100 for each such film that he had in his possession (but not to exceed in the aggregate $20,000); and

(ii) in respect of an offence under paragraph (b) or (c), to a fine of not less than $500 for each such film he had exhibited, distributed or reproduced, as the case may be (but not to exceed in the aggregate $40,000) or to imprisonment for a term not exceeding 6 months or to both.

[10/98]

(2) Any Censor and any Deputy or Assistant Censor and any Inspector of Films may at all reasonable times enter any place in which any film is kept or is being or is about to be exhibited and may examine the film, and if on such examination he has reasonable grounds for believing that an offence under this section has been or is about to be committed in respect of the film he may seize the film and any equipment used in the commission of the offence. (3) Any film and equipment seized under subsection (2) in respect of which any person has been convicted under this section shall be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct. (4) For the purposes of this section if any film is altered in any way after it has been approved for exhibition under this Act, the film shall be deemed not to have been so approved.

Advertisement of films for exhibition prohibited unless approved by Board
22. —(1) No person shall advertise or cause to be advertised the exhibition or distribution of any film unless the advertisement has been approved by the Board. (2) Any person who advertises or causes to be advertised any film where the advertisement in respect of the film has not been approved by the Board under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Search for unauthorised films and arrest of persons
23. —(1) Whenever a Deputy or an Assistant Commissioner of Police or an Assistant Superintendent of Police is satisfied upon written information and after any further inquiry which he may think necessary that any film —

(a) which has not been —

(i) deposited in an approved warehouse as required by section 12 or 13;

(ii) returned to the Board as required by section 14 (4); or

(iii) approved for exhibition under section 15 or 26 (4);

(b) in respect of which the certificate issued therefor has ceased to be valid under section 20; or

(c) which has been altered in any way after a certificate in respect of the film was issued, has been or is being exhibited or kept in any place, he may issue a warrant directed to any police officer to enter and search that place and seize the film and to take into custody any person reasonably believed to be guilty of an offence by reason of failure to deposit or to return the film or by reason of such possession or exhibition.

[10/98]

(2) A Deputy or an Assistant Commissioner of Police or an Assistant Superintendent of Police may without warrant, with such assistance and by such force as is necessary, by night or by day, himself do what he may authorise any police officer to do under subsection (1) in either of the following cases:

(a) if he has personal knowledge of such facts as satisfy him that there are sufficient grounds for a search;

(b) if he receives information orally in such circumstances that the object of a search would in his opinion be defeated by the delay necessary for reducing the information to writing except that the name and address of the person giving the information is known to or ascertained by him before he acts upon the information.

[10/98]

Appeals
24. —(1) Any owner of a film aggrieved by any act or decision of the Board may, within 30 days of the date on which he is notified thereof, and on payment of such fee as may be prescribed, appeal to a Committee of Appeal by lodging with the Secretary a written notice of appeal. (2) Any representation by the owner to the Committee of Appeal shall be in writing and shall be included in or attached to his notice of appeal. (3) The Secretary may, in his discretion, require in addition to such appeal fee as may be prescribed the deposit of such sum as shall be sufficient to cover any further fee which may become payable as a result of the appeal. (4) For the purposes of the appeal, the owner shall deliver to the Secretary any film at such time and place as the Secretary may direct.

Committee of Appeal
25. —(1) For the purposes of this Act, there shall be a Committee of Appeal consisting of 15 members to be appointed by the Minister

[10/98]

(2) A member of the Committee of Appeal shall, unless he earlier resigns, hold office for 3 years from the date of his appointment.

[10/98]

(3) A member of the Committee of Appeal may at any time, by letter addressed to the Minister, resign his membership thereof. (4) Any vacancy in the membership of the Committee of Appeal shall be filled by the appointment of a member by the Minister but no act or decision of the Committee of Appeal shall be invalid by reason only of there being any vacancy in their number. (5) The Chairman and the Vice-Chairman of the Committee of Appeal shall be appointed by the Minister. (6) At any meeting of the Committee of Appeal in the absence of both the Chairman and the Vice-Chairman, the members present shall elect one of their number to preside at that meeting. (7) At any meeting of the Committee of Appeal, 5 members shall form a quorum and in the case of an equality of votes the Chairman, the Vice-Chairman or other member presiding shall have a casting vote.

Powers of Committee of Appeal
26. —(1) On receipt of an appeal under section 24, the Committee of Appeal may make an order —

(a) dismissing the appeal and confirming the decision of the Board; or

(b) reversing or varying the decision of the Board, including making such order as it thinks fit in regard to the approval for exhibition of any film which is the subject of appeal, the excision or retention of any part of any such film, and the classification of any film. (2) If the Committee of Appeal on dismissing an appeal is of the opinion that the appeal was frivolous or vexatious, the Committee of Appeal may require the payment of a further fee not exceeding $250 in addition to the prescribed fee and if any sum has been deposited under section 24 (3) may order the forfeiture of that sum or any part thereof in satisfaction or part satisfaction of the further fee. (3) The decision of the Committee of Appeal shall be final. (4) The decision of the Committee of Appeal shall be communicated forthwith to the Chairman of the Board who shall, if necessary, issue a certificate in respect of the film or alter or amend such a certificate and shall take such other action, if any, as is necessary to give effect to the decision.

Minister may order Committee of Appeal to inspect any film
27. —(1) The Minister may, whenever he thinks it necessary or desirable, order the Committee of Appeal to cause to be exhibited before the Committee of Appeal any film whether it has been approved for exhibition or not for the purpose of considering whether the film should or should not be so approved. (2) The owner of the film, upon receiving notice of an order made in respect thereof under subsection (1) from the Secretary, shall deposit or exhibit the film at such time and place as may be stated in the notice. (3) The Committee of Appeal may after such exhibition make in respect of the film any such order as is specified in section 26 (1), and section 26 (4) shall thereupon apply to that order. (4) Any owner who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Disposal of unclaimed films
28. Any film which has been —

(a) deposited in any approved warehouse for 6 months and the owner thereof is unknown or has failed during that period to obtain the approval of the Board or having obtained it has failed to remove the film from the possession of the Board; or

(b) retained by the Board under section 18 and not claimed by the owner within 6 months of the date upon which approval for exhibition was refused or, if there is any appeal, from the date of the decision of the Committee of Appeal, may be destroyed or otherwise disposed of as the Board thinks fit.

[10/98]

Offences involving dealings in obscene films
29. —(1) Any person who makes or reproduces any obscene film (whether or not for the purposes of exhibition or distribution to any other person), knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —

(a) to a fine of not less than $20,000 but not more than $40,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b) in the case of a second or subsequent conviction, to a fine of not less than $40,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

[10/98]

(2) Any person who imports any obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —

(a) to a fine of not less than $1,000 for each such film imported (but not to exceed in the aggregate $40,000) or to imprisonment for a term not exceeding 12 months or to both; and

(b) in the case of a second or subsequent conviction, to a fine of not less than $2,000 for each such film imported (but not to exceed in the aggregate $100,000) or to imprisonment for a term not exceeding 2 years or to both.

[10/98]

(3) Any person who distributes, or has in his possession for the purposes of distributing, to any other person an obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —

(a) to a fine of not less than $2,000 for each such film he had distributed or in his possession (but not to exceed in the aggregate $80,000) or to imprisonment for a term not exceeding 2 years or to both; and

(b) in the case of a second or subsequent conviction, to a fine of not less than $4,000 for each such film he had distributed or in his possession (but not to exceed in the aggregate $100,000) or to imprisonment for a term not exceeding 2 years or to both.

[10/98]

(4) Any person who exhibits or has in his possession for the purposes of exhibiting to any other person an obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —

(a) to a fine of not less than $10,000 but not more than $40,000 or to imprisonment for a term not exceeding 2 years; and

(b) in the case of a second or subsequent conviction, to a fine of not less than $20,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

[10/98]

Possession of obscene films
30. —(1) Any person who has in his possession any obscene film shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 for each such film he had in his possession (but not to exceed in the aggregate $20,000) or to imprisonment for a term not exceeding 6 months or to both.

[10/98]

(2) Any person who has in his possession any obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —

(a) to a fine of $1,000 for each such film in his possession (but not to exceed in the aggregate $40,000) or to imprisonment for a term not exceeding 12 months or to both; and

(b) in the case of a second or subsequent conviction, to a fine of not less than $2,000 for each such film in his possession (but not to exceed in the aggregate $80,000) or to imprisonment for a term not exceeding 2 years or to both.

[29A

[10/98]

Advertising obscene films
31. —(1) Any person who, for the purposes of distributing or exhibiting any obscene film to any other person, advertises the film by any means shall be guilty of an offence and shall be liable on conviction to a fine of not less than $2,000 but not more than $5,000 or to imprisonment for a term not exceeding 6 months or to both.

[10/98]

(2) Any person who, for the purposes of distributing or exhibiting any obscene film to any other person, advertises the film by any means knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —

(a) to a fine of not less than $10,000 but not more than $50,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b) in the case of a second or subsequent conviction, to a fine of not less than $20,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

[10/98]

(3) In this section —

"advertise" , in relation to a film, includes —

(a) publicly exhibiting, displaying or supplying any advertising poster relating to the film;

(b) announcing orally or by any means (including electronic transmission, facsimile transmission, electronic mail or other similar means of communication) other than by broadcasting any offer to sell or supply the film; or

"advertisement" includes any advertising poster, circular, catalogue or price list;

"advertising poster" means any poster, placard, video slick, photograph or other printed pictorial matter that is intended for use in the advertising or exhibition of a film to the public and includes a miniature representation or enlarged representation of the whole or part of any such poster.

[10/98]

(4) For the purposes of this section, an advertisement shall be deemed to be an advertisement publicly displayed if it is displayed in or so as to be visible from —

(a) any public road; or

(b) any place to which the public have or are permitted to have access (whether on payment or otherwise).

[29B

[10/98]

Offences involving children and young persons
32. —(1) Any person who causes or procures any child or young person or, having custody, charge or care of a child or young person, allows that child or young person to commit or abet in the commission of any offence mentioned in section 29, 30 or 31 shall be guilty of an offence and shall be liable on conviction —

(a) to a fine of not less than $20,000 but not more than $80,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b) in the case of a second or subsequent conviction, to a fine of not less than $20,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

[10/98]

(2) If it is proved that a child has committed or abetted in the commission of any offence mentioned in section 30 (1) or 31 (1), the person having the custody, charge or care of the child at the time the offence was committed shall be presumed, until the contrary is proved, to have allowed the child to commit or abet in the commission of the offence.

[29C

[10/98]

Making, distribution and exhibition of party political films
33. Any person who —

(a) imports any party political film;

(b) makes or reproduces any party political film;

(c) distributes, or has in his possession for the purposes of distributing, to any other person any party political film; or

(d) exhibits, or has in his possession for the purposes of exhibiting, to any other person any party political film, knowing or having reasonable cause to believe the film to be a party political film 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 2 years.

[29D

[10/98]

Search and seizure of unlawful films
34. —(1) Any Deputy or Assistant Commissioner of Police, Assistant Superintendent of Police or any Censor, Deputy or Assistant Censor or Inspector of Films, if satisfied upon written information and after such further inquiry as he thinks necessary that any person has in his possession any obscene film or party political film, may without warrant, with such assistance and by such force as is necessary, by night or by day, enter and search any place where he has reason to believe the film is kept, seize the film and any equipment used in the exhibition, making or reproduction of the film and take into custody any person reasonably believed to be in possession thereof.

[10/98]

(2) Any film, and any equipment used in the exhibition, making or reproduction of the film, in respect of which any person has been convicted under section 29, 30, 31 or 33 shall be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct.

[29E

[10/98]

Minister may prohibit possession or distribution of any film
35. —(1) Notwithstanding the provisions of this Act if the Minister is of the opinion that the possession or distribution of any film would be contrary to the public interest, he may, in his discretion, by order published in the Gazette prohibit the possession or distribution of that film by any person. (2) Any person who has in his possession or who distributes any film the possession or distribution of which has been prohibited under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both, and the film shall be destroyed or otherwise disposed of as the Minister thinks fit.

[30

Protection from personal liability
36. No suit, prosecution or other legal proceeding shall lie against any person employed in the office of the Board or other person acting under the direction of the Board for anything which is in good faith done or intended to be done in the execution or purported execution of this Act.

[31

Protection of Board and Government from liability
37. Any film deposited in or delivered at any approved warehouse shall be stored therein at the risk and expense of the owner, and neither the Board nor the Government shall be liable for any loss of or damage to the film unless the loss or damage has been caused by some wilful act on the part of the Board, any member thereof, or its staff.

[32

Officers to be public servants
38. All persons employed in the office of the Board and all members of the Committee of Appeal shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).

[33

Court for trial of offence
39. Any offence under this Act may be tried by a District Court or a Magistrate"s Court and that Court shall, notwithstanding any other written law, have jurisdiction to impose the maximum penalty provided for by this Act.

[34

Payment of fees, etc.
39A. All fees and other moneys collected under this Act or any subsidiary legislation made thereunder shall be paid to the Media Development Authority of Singapore established under the Media Development Authority of Singapore Act 2002.

Exemptions
40. —(1) This Act shall not apply to —

(a) any film sponsored by the Government;

(b) any film, not being an obscene film or a party political film or any feature, commercial, documentary or overseas television serial film, which is made by an individual and is not intended for distribution or public exhibition; and

[10/98]

(2) The Minister may, subject to such conditions as he thinks fit, exempt any person or class of persons or any film or class of films from all or any of the provisions of this Act. (3) An exemption granted under this section may be withdrawn at any time.

[35

Regulations
41. —(1) The Minister may make regulations for, or in respect of, every purpose which is considered necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be so prescribed. (2) Without prejudice to the generality of subsection (1), the Minister may by such regulations —

(a) prescribe fees to be charged under this Act;

(b) regulate the conduct of the business of importing, making, distributing or exhibiting films by persons holding licences granted under this Act;

(d) provide that all cinemas or any class of cinemas shall show not less than the prescribed number or prescribed proportion of films of a specified class or from a specified country of origin; and

(e) provide that all cinemas or any class of cinemas shall show not more than a prescribed number or a prescribed proportion of films of a specified class or from a specified country of origin.

[36

------------------------------------------------------------------------

Securities & Futures Act (Chapter 289)

Short title
1. This Act may be cited as the Securities and Futures Act.

Notes:—Unless otherwise stated, the abbreviations used in the references to other Acts and statutory provisions are references to the following Acts and statutory provisions. The references are provided for the convenience of users and are not part of the Act:
Aust. Corporations 2001	:	Australia, Corporations Act 2001 (No. 50, 2001)
Aust. FSR Bill 2001	:	Australia, Financial Services Reform Bill 2001
ASIC 1989	:	Australia, Australian Securities and Investment Commission Act 1989
HK SF Bill	:	Hong Kong, Securities and Futures Bill (Gazette published on 24 November 2000, Legal Supplement No. 3)
HK CUTMF	:	Hong Kong, Code on Unit Trusts and Mutual Funds
Malaysia SIA	:	Malaysia, Securities Industry Act 1983
UK FSMA 2000	:	United Kingdom, Financial Services and Markets Act 2000 (Chapter c. 8)
Companies	:	Singapore, Companies Act (Chapter 50, 1994 Revised Edition)
E(DM)A	:	Singapore, Exchange (Demutualisation and Merger) Act (Chapter 88, 2000 Revised Edition)
FTA	:	Singapore, Futures Trading Act (Chapter 116, 1996 Revised Edition — repealed)
Insurance Intermediaries	:	Singapore, Insurance Intermediaries Act (Chapter 142A, 2000 Revised Edition — repealed)
SFA	:	Singapore, Securities and Futures Act (Chapter 289, 2002 Revised Edition)
SIA	:	Singapore, Securities Industry Act (Chapter 289, 1985 Revised Edition — repealed)

Interpretation
2. —(1) In this Act, unless the context otherwise requires —

"advising on corporate finance" has the meaning given to it in the Second Schedule;

"advocate and solicitor" means an advocate and solicitor of the Supreme Court or a foreign lawyer as defined in section 130A of the Legal Profession Act (Cap. 161);

"approved exchange" means a corporation that is approved by the Authority under section 8 (1) as an approved exchange;

"approved holding company" means a corporation that is approved by the Authority under section 81W as an approved holding company;

"auditor" means a public accountant who is registered or deemed to be registered under the Accountants Act (Cap. 2) and, in Divisions 1 and 1A of Part XIII, when used in relation to an entity not being a company, includes —

(a) a person who is duly registered, licensed, approved or otherwise authorised to practise as an auditor (such practice to include the issue of any opinion, report or other document on the audit of any financial statement) —

(i) under the laws of the place where the entity is formed or constituted; or

(ii) under the laws of the place of his practice, if the auditing standards that are or will be applied to the financial statements of the entity are —

(A) auditing standards commonly applied in that place; or

(B) international auditing standards (by whatever name called); or

(b) such other person as may be approved by the Authority in any particular case to be an auditor for such entity;

"Authority" means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act (Cap. 186);

"book" includes any record, register, document or other record of information, and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or in any other electronic form or otherwise;

"business rules" , in relation to an approved holding company, a securities exchange, a futures exchange, a recognised market operator or a designated clearing house, means the rules, regulations, by-laws or such similar body of statements, by whatever name called, that govern the activities and conduct of —

(a) the approved holding company, securities exchange, futures exchange, recognised market operator or designated clearing house and its members; and

(b) other persons in relation to it, whether or not those rules, regulations, by-laws or similar body of statements are made by the approved holding company, securities exchange, futures exchange, recognised market operator or designated clearing house or are contained in its constituent documents, but does not include the listing rules of a securities exchange or recognised market operator (which is an overseas securities exchange);

"business trust" has the same meaning as in section 2 of the Business Trusts Act (Cap. 31A);

"capital markets products" means any securities, futures contracts, contracts or arrangements for the purposes of foreign exchange trading, contracts or arrangements for the purposes of leveraged foreign exchange trading, and such other products as the Authority may prescribe as capital markets products;

"capital markets services licence" means a licence that is granted by the Authority under section 86 to a person to carry on a business in any regulated activity;

"chairman" means a chairman of a board of directors;

"chief executive officer" —

(a) in relation to an approved exchange, a recognised market operator, a designated clearing house, a person operating a clearing facility, an approved holding company or the holder of a capital markets services licence, means any person, by whatever name called, who is —

(i) in the direct employment of, or acting for or by arrangement with, the approved exchange, recognised market operator, designated clearing house, person operating a clearing facility, approved holding company or holder of a capital markets services licence, as the case may be; and

(ii) principally responsible for the management and conduct of the business of the approved exchange, recognised market operator, designated clearing house, person operating a clearing facility, approved holding company or holder of a capital markets services licence, as the case may be, in Singapore; or

(b) in relation to a corporation (other than one referred to in paragraph (a)), means any person, by whatever name called, who is in the direct employment of, or acting for or by arrangement with, the corporation, and who is principally responsible for the management and conduct of the business of the corporation;

"clearing facility" has the meaning given to it in Part II of the First Schedule;

"clearing or settlement" has the meaning given to it in Part II of the First Schedule;

"closed-end fund" means an arrangement referred to in paragraph (a) or (b) of the definition of “collective investment scheme” under which units that are issued are exclusively or primarily non-redeemable at the election of the holders of units, but does not include an arrangement referred to in paragraph (a) of that definition —

(a) that is a trust;

(b) that invests primarily in real estate and real estate-related assets specified by the Authority in the Code on Collective Investment Schemes; and

"Code on Collective Investment Schemes" means the Code on Collective Investment Schemes referred to in section 284 which is issued by the Authority under section 321 (1);

"collective investment scheme" means —

(a) an arrangement in respect of any property —

(i) under which —

(A) the participants do not have day-to-day control over the management of the property, whether or not they have the right to be consulted or to give directions in respect of such management; and

(B) the property is managed as a whole by or on behalf of a manager;

(ii) under which the contributions of the participants and the profits or income from which payments are to be made to them are pooled; and

(iii) the purpose or effect, or purported purpose or effect, of which is to enable the participants (whether by acquiring any right, interest, title or benefit in the property or any part of the property or otherwise) —

(A) to participate in or receive profits, income, or other payments or returns arising from the acquisition, holding, management or disposal of, the exercise of, the redemption of, or the expiry of, any right, interest, title or benefit in the property or any part of the property; or

(B) to receive sums paid out of such profits, income, or other payments or returns; or

(b) an arrangement which is an arrangement, or is of a class or description of arrangements, specified by the Authority as a collective investment scheme by notice published in the Gazette, but does not include —

(i) an arrangement operated by a person otherwise than by way of business;

(ii) an arrangement under which each of the participants carries on a business other than investment business and enters into the arrangement solely incidental to that other business;

(iii) an arrangement under which each of the participants is a related corporation of the manager;

(iv) an arrangement made by or on behalf of an entity solely for the benefit of persons, each of whom is —

(A) a bona fide director or equivalent person, a former director or equivalent person, a consultant, an adviser, an employee or a former employee of that entity or, where that entity is a corporation, a related corporation of that entity; or

(B) a spouse, widow or widower, or a child, adopted child or step-child below the age of 18 years, of such director or equivalent person, former director or equivalent person, employee or former employee;

(iva) an arrangement made by or on behalf of 2 or more entities solely for the benefit of persons, each of whom is —

(A) a bona fide director or equivalent person, a former director or equivalent person, a consultant, an adviser, an employee or a former employee of any of those entities or, where any of those entities is a corporation, a related corporation of the entity which is a corporation; or

(v) a franchise;

((vi)) an arrangement under which money received by an advocate and solicitor from his client, whether as a stakeholder or otherwise, acting in his professional capacity in the ordinary course of his practice, or under which money is received by a statutory body as a stakeholder in the carrying out of its statutory functions;

((vii)) an arrangement made by any co-operative society registered under the Co-operative Societies Act (Cap. 62) in accordance with the objects thereof solely for the benefit of its members;

(viii) an arrangement made for the purposes of any chit fund permitted to operate under the Chit Funds Act (Cap. 39);

(ix) an arrangement arising out of a life policy within the meaning of the Insurance Act (Cap. 142);

(x) a closed-end fund constituted either as an entity or a trust;

xi (Deleted by Act 31/2004)

(xii) an arrangement which is an arrangement, or is of a class or description of arrangements, specified by the Authority as not constituting a collective investment scheme by notice published in the Gazette;

"commodity" , in relation to a futures contract, means gold or any produce, item, goods, article or financial instrument, and includes an index, right or interest in such commodity other than a financial instrument; and such other index, right or interest of any nature as the Authority may, by notification in the Gazette, prescribe to be a commodity;

"company" has the same meaning as in section 4 (1) of the Companies Act (Cap. 50);

"connected person" , in relation to —

(a) an individual, means —

(i) the individual’s spouse, son, adopted son, step-son, daughter, adopted daughter, step-daughter, father, step-father, mother, step-mother, brother, step-brother, sister or step-sister; and

(ii) a firm, a limited liability partnership or a corporation in which the individual or any of the persons mentioned in sub-paragraph (i) has control of not less than 20% of the voting power in the firm, limited liability partnership or corporation, whether such control is exercised individually or jointly; or

(b) a firm, a limited liability partnership or a corporation, means another firm, limited liability partnership or corporation in which the first-mentioned firm, limited liability partnership or corporation has control of not less than 20% of the voting power in that other firm, limited liability partnership or corporation, and a reference in this Act to a person connected to another person shall be construed accordingly;

"corporation" has the same meaning as in section 4 (1) of the Companies Act (Cap. 50);

"customer" means —

(a) in relation to a holder of a capital markets services licence —

(i) for the purposes of Parts IV, VI, VII and XV, a person on whose behalf the holder carries on or will carry on any regulated activity; or

(ii) for the purposes of Part V, a person on whose behalf the holder carries on or will carry on any regulated activity, or any other person with whom the holder, as principal, enters or will enter into transactions —

(A) for the sale or purchase of securities;

(B) for the sale or purchase of futures contracts; or

(C) in connection with leveraged foreign exchange trading, but does not include such person or class of persons as may be prescribed; or

(b) for the purposes of Part III and the definition of “user”, a person on whose behalf a member of an approved exchange or a designated clearing house, as the case may be, carries on any activity regulated under this Act, but does not include —

(i) the member, with respect to dealings for the member’s own account;

(ii) any officer, director, employee or representative of the member; or

(iii) a related corporation of the member, with respect to accepted instructions to deal for an account belonging to, and maintained wholly for the benefit of, that related corporation;

"dealing in securities" has the meaning given to it in the Second Schedule;

"debenture" , except for the purposes of Part XIII, includes any debenture stock, bond, note and any other debt securities issued by a corporation or any other entity, whether constituting a charge or not, on the assets of the issuer but does not include —

(a) a cheque, letter of credit, order for the payment of money or bill of exchange; or

(b) for the purposes of the application of this definition to a provision of this Act in respect of which any regulations made thereunder provide that the word “debenture” does not include a prescribed document or a document included in a prescribed class of documents, that document or a document included in that class of documents, as the case may be;

"defalcation" means misapplication, including misappropriation, of any property;

"derivative" , in relation to a unit in a business trust, has the same meaning as in section 2 of the Business Trusts Act (Cap. 31A);

"designated clearing house" means a person that is designated by the Authority under section 55 (1) as a designated clearing house;

"director" has the same meaning as in section 4 (1) of the Companies Act (Cap. 50);

"entity" includes a corporation, an unincorporated association, a partnership and the government of any state, but does not include a trust;

"exempt market operator" means —

(a) a corporation that is exempted under section 14 (2);

(b) a corporation declared under section 14 (8) to be an exempt market operator; or

(c) a corporation operating a market included in a class of markets in relation to which a declaration under section 14 (9) is in force;

"exempt person" means a person who is exempted under section 99;

"financial instrument" includes any currency, currency index, interest rate instrument, interest rate index, share, share index, stock, stock index, debenture, bond index, a group or groups of such financial instruments, and such other financial instruments as the Authority may by order prescribe;

"financial year" has the same meaning as in section 4 (1) of the Companies Act (Cap. 50);

"firm" has the same meaning as in section 2 (1) of the Business Registration Act (Cap. 32);

"foreign company" has the same meaning as in section 4 (1) of the Companies Act;

"foreign exchange trading" has the meaning given to it in the Second Schedule;

"franchise" means a written agreement or arrangement between 2 or more persons by which —

(a) a party (referred to in this definition as the franchisor) to the agreement or arrangement authorises or permits another party (referred to in this definition as the franchisee), or a person associated with the franchisee, to exercise the right to engage in the business of offering, selling or distributing goods or services in Singapore under a plan or system controlled by the franchisor or a person associated with the franchisor;

(b) the business carried on by the franchisee or the person associated with the franchisee, as the case may be, is capable of being identified by the public as being substantially associated with a trade or service mark, logo, symbol or name identifying, commonly connected with or controlled by the franchisor or a person associated with the franchisor;

(c) the franchisor exerts, or has authority to exert, a significant degree of control over the method or manner of operation of the franchisee’s business;

(d) the franchisee or a person associated with the franchisee is required under the agreement or arrangement to make payment or give some other form of consideration to the franchisor or a person associated with the franchisor; and

(e) the franchisor agrees to communicate to the franchisee, or a person associated with the franchisee, knowledge, experience, expertise, know-how, trade secrets or other information whether or not it is proprietary or confidential;

"fund management" has the meaning given to it in the Second Schedule;

"futures contract" means —

(a) for the purposes of Part I of the First Schedule —

(i) a contract the effect of which is that —

(A) one party agrees to deliver a specified commodity, or a specified quantity of a specified commodity, to another party at a specified future time and at a specified price payable at that time; or

(B) the parties will discharge their obligations under the contract by settling the difference between the value of a specified quantity of a specified commodity agreed at the time of the making of the contract and at a specified future time, and includes a futures option transaction, but does not include such contract or class of contracts as the Authority may prescribe; or

(ii) such other contract or class of contracts as the Authority may prescribe;

(b) for the purposes of any other provision in this Act —

(i) a contract the effect of which is that —

(A) one party agrees to deliver a specified commodity, or a specified quantity of a specified commodity, to another party at a specified future time and at a specified price payable at that time pursuant to the terms and conditions set out in the business rules of a futures market or pursuant to the business practices of a futures market; or

(B) the parties will discharge their obligations under the contract by settling the difference between the value of a specified quantity of a specified commodity agreed at the time of the making of the contract and at a specified future time, such difference being determined in accordance with the business rules or practices of the futures market at which the contract is made, and includes a futures option transaction, but does not include such contract or class of contracts as the Authority may prescribe; or

(ii) such other contract or class of contracts as the Authority may prescribe;

"futures exchange" means an approved exchange in respect of the operation of its futures market;

"futures market" has the meaning given to it in Part I of the First Schedule;

"futures option transaction" means an option on a specified futures contract which is transacted in accordance with the business rules or practices of a futures exchange, recognised market operator or futures market on which the transaction is made;

"holding company" has the same meaning as in section 5 (4) of the Companies Act (Cap. 50);

"leveraged foreign exchange trading" has the meaning given to it in the Second Schedule;

"licence" means a capital markets services licence or representative’s licence;

"licensed person" means a corporation or an individual holding a licence granted under this Act;

"limited liability partnership" has the same meaning as in section 2 (1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005);

"listing rules" , in relation to a corporation that establishes or operates, or proposes to establish or operate, a securities market of a securities exchange or a recognised market operator, or an overseas securities exchange that establishes or operates or proposes to establish or operate a securities market of a recognised market operator, means rules governing or relating to —

(a) the admission to the official list of the corporation or overseas securities exchange, of corporations, governments, bodies unincorporate or other persons for the purpose of the quotation on the securities market of the corporation or overseas securities exchange of securities issued, or made available by such corporations, governments, bodies unincorporate or other persons, or the removal from that official list and for other purposes; or

(b) the activities or conduct of corporations, governments, bodies unincorporate and other persons who are admitted to that list, whether those rules are made —

(i) by the corporation or overseas securities exchange or are contained in any of the constituent documents of the corporation or overseas securities exchange; or

(ii) by another person and adopted by the corporation or overseas securities exchange;

"manager" , in relation to a collective investment scheme, means a person, by whatever name called, who is responsible for managing the property of, or operating, the collective investment scheme;

"market" has the meaning given to it in Part I of the First Schedule;

"member" , in relation to an approved exchange, a recognised market operator or a designated clearing house, means a person who holds membership of any class or description in the approved exchange, recognised market operator or designated clearing house, whether or not he holds any share in the share capital of the approved exchange, recognised market operator or designated clearing house, as the case may be;

"newspaper" has the same meaning as in section 2 of the Newspaper and Printing Presses Act (Cap. 206);

"officer" has the same meaning as in section 4 (1) of the Companies Act (Cap. 50);

"overseas futures exchange" means a person operating a futures market outside Singapore which is regulated by a financial services regulatory authority of a country or territory other than Singapore;

"overseas securities exchange" means a person operating a securities market outside Singapore which is regulated by a financial services regulatory authority of a country or territory other than Singapore;

"participant" means —

(a) for the purposes of Part II, a person who may participate in one or more of the services provided by an approved exchange, a recognised market operator or an exempt market operator, in its capacity as an approved exchange, a recognised market operator or an exempt market operator, respectively;

(b) for the purposes of Part III, a person who, under the business rules of a designated clearing house, may participate in one or more of the services provided by the designated clearing house in its capacity as a designated clearing house; or

(c) for the purposes of any other provision of this Act, a person who participates in a collective investment scheme by way of owning one or more units in a collective investment scheme;

“partner” and “manager”, in relation to a limited liability partnership, have the respective meanings assigned to them in section 2 (1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005);

"prescribed written law" means this Act or any of the following written laws:

(a) Banking Act (Cap. 19);

(b) Finance Companies Act (Cap. 108);

(d) Insurance Act (Cap. 142);

(e) Monetary Authority of Singapore Act (Cap. 186);

(f) Money-changing and Remittance Businesses Act (Cap. 187); or

(g) such other written law as the Authority may by order prescribe;

"principal" , in relation to a representative, means a person whom the representative is in the direct employment of, acting for or by arrangement with, and for whom the representative carries out any regulated activity;

"providing custodial services for securities" has the meaning given to it in the Second Schedule;

"public company" has the same meaning as in section 4 (1) of the Companies Act (Cap. 50);

"quote" , in relation to securities and a securities market of an approved exchange or of a recognised market operator, means to display or provide, on the securities market of the approved exchange or recognised market operator, information concerning the particular prices or particular consideration at which offers or invitations to sell, purchase or exchange issued or prescribed securities are made on that securities market, being offers or invitations that are intended or may reasonably be expected, to result, directly or indirectly, in the making or acceptance of offers to sell, purchase or exchange issued or prescribed securities;

"real estate investment trust management" has the meaning given to it in the Second Schedule;

"recognised market operator" means a corporation that is recognised by the Authority under section 8 (2) as a recognised market operator;

"record" means information that is inscribed, stored or otherwise fixed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

"registered business trust" has the same meaning as in section 2 of the Business Trusts Act (Cap. 31A);

"regulated activity" means an activity specified in the Second Schedule;

"related corporation" has the same meaning as in section 4 (1) of the Companies Act;

"representative" , except for the purposes of Part XIII, means a person, by whatever name called, in the direct employment of, or acting for, or by arrangement with, a person who carries on business in any regulated activity, who carries out for that person any such activity (other than work ordinarily performed by accountants, clerks or cashiers), whether or not he is remunerated, and whether his remuneration, if any, is by way of salary, wages, commission or otherwise; and includes any officer of a corporation who performs for the corporation any such activity whether or not he is remunerated, and whether his remuneration, if any, is by way of salary, wages, commission or otherwise;

"representative’s licence" means a licence that is granted by the Authority under section 87 or a temporary representative’s licence that is granted by the Authority under section 87A;

"responsible person" , in relation to a collective investment scheme, means —

(a) in the case of a scheme which is constituted as a corporation, the corporation; or

(b) in the case of a scheme which is not constituted as a corporation, the manager for the scheme;

"securities" means —

(a) debentures or stocks issued or proposed to be issued by a government;

(b) debentures, stocks or shares issued or proposed to be issued by a corporation or body unincorporate;

(d) any right under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss by reference to fluctuations in —

(i) the value or price of any such debentures, stocks or shares;

(ii) the value or price of any group of any such debentures, stocks or shares; or

(iii) an index of any such debentures, stocks or shares;

(e) any unit in a collective investment scheme;

(f) any unit in a business trust;

(g) any derivative of a unit in a business trust; or

(h) such other product or class of products as the Authority may prescribe, but does not include —

(i) futures contracts which are traded on a futures market;

(ii) bills of exchange;

(iii) promissory notes;

(iv) certificates of deposit issued by a bank or finance company whether situated in Singapore or elsewhere; or

(v) such other product or class of products as the Authority may prescribe as not being securities;

"securities exchange" means an approved exchange in respect of the operation of its securities market;

"securities financing" has the meaning given to it in the Second Schedule;

"Securities Industry Council" means the Securities Industry Council referred to in section 138;

"securities market" has the meaning given to it in Part I of the First Schedule;

"share" has the same meaning as in section 4 (1) of the Companies Act (Cap. 50);

"subsidiary" has the same meaning as in section 5 of the Companies Act;

"substantial shareholder" has the same meaning as in Division 4 of Part IV of the Companies Act;

"substantial shareholding" has the same meaning as in Division 4 of Part IV of the Companies Act;

"substantial unitholder" , in relation to a collective investment scheme, means a participant who has an interest or interests in units in the scheme representing not less than 5% of the total voting rights of all the participants of the scheme;

"Take-over Code" means the Singapore Code on Take-overs and Mergers referred to in section 139 which is issued by the Authority under section 321 (1);

"take-over offer" means —

(a) an offer for the acquisition by or on behalf of a person of —

(i) in the case of a public company, or of a corporation all or any of the shares of which are listed for quotation on a securities exchange —

(A) some or all of the shares, or some or all of the shares of a particular class, in the company or corporation made to all members of the company or corporation, or where the person already holds shares in the company or corporation, made to all other members of the company or corporation; or

(B) all of the remaining shares in the company or corporation made to all other members of the company or corporation as a result of the person acquiring or consolidating effective control of that company or corporation within the meaning of the Take-over Code;

(ii) in the case of a registered business trust, or of a business trust all or any of the units of which are listed for quotation on a securities exchange —

(A) some or all of the units, or some or all of the units of a particular class, in the business trust made to all unitholders of the business trust, or where the person already holds units in the business trust, made to all other unitholders of the business trust; or

(B) all of the remaining units in the business trust made to all other unitholders of the business trust as a result of the person acquiring or consolidating effective control of that business trust within the meaning of the Take-over Code; or

(iii) in the case of a collective investment scheme constituted as a unit trust and authorised under section 286, that invests primarily in real estate and real estate-related assets specified by the Authority in the Code on Collective Investment Schemes, and all or any of the units in which are listed for quotation on a securities exchange —

(A) some or all of the units, or some or all of the units of a particular class, in the scheme made to all unitholders of the scheme, or where the person already holds units in the scheme, made to all other unitholders of the scheme; or

(B) all of the remaining units in the scheme made to all other unitholders of the scheme as a result of the person acquiring or consolidating effective control of that scheme within the meaning of the Take-over Code; or

(b) a proposed compromise or arrangement which —

(i) in the case of a public company, is referred to in section 210 of the Companies Act (Cap. 50); or

(ii) in the case of a corporation all or any of the shares of which are listed for quotation on a securities exchange, complies with the laws, codes and other requirements (whether or not having the force of law) relating to take-overs, compromises and arrangements of the country or territory in which that corporation was incorporated, and which, if executed, would result in a change in effective control of the public company or corporation within the meaning of the Take-over Code;

"trading in futures contracts" has the meaning given to it in the Second Schedule;

"transaction information" means information relating to —

(a) offers or invitations to purchase, sell, or exchange securities or futures contracts;

(b) executed transactions in securities or futures contracts; or

"unit" —

(a) in relation to a collective investment scheme, means a right or interest (however described) in a collective investment scheme (whether or not constituted as an entity), and includes an option to acquire any such right or interest in the collective investment scheme; and

(b) in relation to a business trust, has the same meaning as in section 2 of the Business Trusts Act (Cap. 31A);

"unitholder" , in relation to a business trust, has the same meaning as in section 2 of the Business Trusts Act;

"user" , in relation to an approved exchange or a designated clearing house, means a person who is —

(a) a member; or

(b) a customer of a member, of the approved exchange or designated clearing house;

"user information" means transaction information that is referable to —

(a) a named user; or

(b) a group of users, from which the name of a user can be directly inferred;

"voting share" has the same meaning as in section 4 (1) of the Companies Act (Cap. 50).

[16/2003; 5/2004; 31/2004;1/2005;5/2005]

(2) Any reference in this Act to the affairs of a corporation shall, unless the contrary intention appears, be construed as including a reference to —

(a) the promotion, formation, membership, control, business, trading, transactions and dealings (whether alone or jointly with another person or other persons and including transactions and dealings as agent, bailee or trustee), property (whether held alone or jointly with another person or other persons and including property held as agent, bailee or trustee), liabilities (including liabilities owned jointly with another person or other persons and liabilities as trustee), profits and other income, receipts, losses, outgoings and expenditure of the corporation;

(b) in the case of a corporation (not being a trustee corporation) that is a trustee (but without limiting the generality of paragraph (a)), matters concerned with the ascertainment of the identity of the persons who are beneficiaries under the trust, their rights under the trust and any payments that they have received, or are entitled to receive, under the terms of the trust;

(d) any act or thing done (including any contract made and any transaction entered into) by or on behalf of the corporation, or to or in relation to the corporation or its business or property, at a time when —

(i) a receiver, or a receiver and manager, is in possession of, or has control over, property of the corporation;

(ii) the corporation is under judicial management;

(iii) a compromise or arrangement referred to in section 210 of the Companies Act made between the corporation and another person or other persons is being administered; or

(iv) the corporation is being wound up, and without limiting the generality of sub-paragraphs (i) to (iv), any conduct of such a receiver or such a receiver and manager, or such a judicial manager, or any person administering such a compromise or arrangement or of any liquidator or provisional liquidator of the corporation;

(e) the ownership of shares in, debentures of, units of shares in, units of debentures of, and units in a collective investment scheme issued by the corporation;

(f) the power of persons to exercise, or to control the exercise of, the rights to vote attached to shares in the corporation or to dispose of, or to exercise control over the disposal of, such shares;

(g) matters concerned with the ascertainment of the persons who are or have been financially interested in the success or failure, or apparent success or failure, of the corporation or are or have been able to control or materially to influence the policy of the corporation;

(h) the circumstances under which a person acquired or disposed of, or became entitled to acquire or dispose of, shares in, debentures of, units of shares in, units of debentures of, or units in a collective investment scheme issued by, the corporation;

(i) where the corporation has issued units in a collective investment scheme, any matters concerning the financial or business undertaking, scheme, common enterprise or investment contract to which the units in a collective investment scheme relate; or

(j) matters relating to or arising out of the audit of, or working papers or reports of an auditor concerning, any matters referred to in paragraphs (a) to (i). (3) Where the name of a corporation referred to in this Act is changed pursuant to the Companies Act (Cap. 50), the change of name shall not affect the identity of that corporation or the application of the relevant provisions of this Act or any other written law to that corporation. [SIA, s. 2; FTA, s. 2; Companies, s. 4 & s. 107; UK FSMA 2000, s. 235; Aust. Corporations 2001, s. 9]

Associated person
3. —(1) Unless the context otherwise requires, any reference in this Act to a person associated with another person shall be construed as a reference to —

(a) where the other person is a corporation —

(i) a director or secretary of the corporation;

(ii) a related corporation; or

(iii) a director or secretary of such a related corporation;

(b) where the matter to which the reference relates is the extent of a power to exercise, or to control the exercise of, the voting power attached to voting shares in a corporation, a person with whom the other person has, or proposes to enter into, an agreement, arrangement, understanding or undertaking, whether formal or informal, or express or implied —

(i) by reason of which either of those persons may exercise, directly or indirectly, control the exercise of, or substantially influence the exercise of, any voting power attached to a share in the corporation;

(ii) with a view to controlling or influencing the composition of the board of directors, or the conduct of affairs, of the corporation; or

(iii) under which either of those persons may acquire from the other of them shares in the corporation or may be required to dispose of such shares in accordance with the directions of the other of them, except that, in relation to a matter relating to shares in a corporation, a person may be an associate of the corporation and the corporation may be an associate of a person;

(c) a person with whom the other person is acting, or proposes to act, in concert in relation to the matter to which the reference relates;

(d) where the matter to which the reference relates is a matter, other than the extent of a power to exercise, or to control the exercise of, the voting power attached to voting shares in a corporation —

(i) subject to subsection (2), a person who is a director of a corporation of which the other person is a director; or

(ii) a trustee of a trust in relation to which the other person benefits or is capable of benefiting otherwise than by reason of transactions entered into in the ordinary course of business in connection with the lending of money;

(e) a person with whom the other person is, according to any subsidiary legislation made under this Act, to be regarded as associated in respect of the matter to which the reference relates;

(f) a person with whom the other person is, or proposes to become, associated, whether formally or informally, in any other way in respect of the matter to which the reference relates; or

(g) where the other person has entered into, or proposes to enter into, a transaction, or has done, or proposes to do, any other act or thing, with a view to becoming associated with a person as referred to in paragraph (a), (b), (c), (d), ( e) or (f), that last-mentioned person. (2) Where, in any proceedings under this Act, it is alleged that a person referred to in subsection (1) (d) (i) was associated with another person at a particular time, that the first-mentioned person shall not be considered to be so associated in relation to a matter to which the proceedings relate unless the person alleging the association proves that the first-mentioned person at that time knew or ought reasonably to have known the material particulars of that matter. (3) A person shall not be taken to be associated with another person by virtue of subsection (1) (b), (c), (e) or (f) by reason only of one or more of the following:

(a) that one of those persons furnishes advice to, or acts on behalf of, the other person in the proper performance of the functions attaching to his professional capacity or to his business relationship with the other person;

(b) that one of those persons, a customer, gives specific instructions to the other, whose ordinary business includes dealing in securities, trading in futures contracts or leveraged foreign exchange trading, to acquire shares on the customer’s behalf in the ordinary course of that business;

(c) that one of those persons has sent, or proposes to send, to the other a take-over offer, or has made, or proposes to make, offers under a take-over announcement, within the meaning of the Take-over Code, in relation to shares held by the other;

(d) that one of those persons has appointed the other, otherwise than for valuable consideration given by the other or by an associate of the other, to vote as a proxy or representative at a meeting of members, or of a class of members, of a corporation.[SIA, s. 3; Aust. Corporations, s. 12 (2) and s. 16 (1)]

Interest in securities
4. —(1) Subject to this section, a person has an interest in securities if he has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, those securities. (2) For the purposes of subsection (1), it is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, particular securities is, or is capable of being made, subject to restraint or restriction. (3) Where any property held in trust consists of or includes securities and a person knows, or has reasonable grounds for believing, that he has an interest under the trust, he shall be deemed to have an interest in those securities. (4) Where a corporation has, or is by the provisions of this section deemed to have, an interest in a security and —

(a) the corporation is, or its directors are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person; or

(b) a person has a controlling interest in the corporation, that person shall be deemed to have an interest in that security. (5) Where a corporation has, or is by the provisions of this section (apart from this subsection) deemed to have, an interest in a security and —

(a) a person is;

(b) the associates of a person are; or

(c) a person and his associates are, entitled to exercise or control the exercise of not less than 20% of the votes attached to the voting shares in the corporation, that person shall be deemed to have an interest in that security. (6) For the purposes of subsection (5), a person is an associate of another person if the first-mentioned person is —

(a) a related corporation of the second-mentioned person;

(b) a person in accordance with whose directions, instructions or wishes that the second-mentioned person is accustomed or is under an obligation, whether formal or informal, to act in relation to the security referred to in subsection (4);

(c) a person who is accustomed or is under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the second-mentioned person in relation to that security;

(d) a corporation which is, or the directors of which are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the second-mentioned person in relation to that security; or

(e) a corporation in accordance with the directions, instructions or wishes of which, or of the directors of which, the second-mentioned person is accustomed or under an obligation, whether formal or informal, to act in relation to that security. (7) A person shall be deemed to have an interest in a security in any one or more of the following circumstances:

(a) where he has entered into a contract to purchase a security;

(b) where he has a right, otherwise than by reason of having an interest under a trust, to have a security transferred to himself or to his order, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not;

(c) where he has the right to acquire a security or an interest in a security, under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or

(d) where he is entitled, otherwise than by reason of his having been appointed a proxy or representative to vote at a meeting of members of a corporation or of a class of its members, to exercise or control the exercise of a right attached to a security, not being a security of which he is the registered holder. (8) A person shall be deemed to have an interest in a security if that security is held jointly with another person. (9) For the purpose of determining whether a person has an interest in a security, it is immaterial that the interest cannot be related to a particular security. (10) There shall be disregarded —

(a) an interest in a security if the interest is that of a person who holds the security as bare trustee;

(b) an interest in a security if the interest is that of a person whose ordinary business includes the lending of money if he holds the interest only by way of security for the purposes of a transaction entered into in the ordinary course of business in connection with the lending of money;

(c) an interest of a person in a security if that interest is an interest held by him by reason of his holding a prescribed office;

(d) an interest of a company in its own securities if that interest is purchased or otherwise acquired in accordance with sections 76B to 76G of the Companies Act (Cap. 50); and

(e) a prescribed interest in a security being an interest of such person, or of the persons included in such class of persons, as may be prescribed. (11) An interest in a security shall not be disregarded by reason only of —

(a) its remoteness;

(b) the manner in which it arose; or

(c) the fact that the exercise of a right conferred by the interest is, or is capable of being made subject to restraint or restriction.[SIA, s. 4; Companies, s. 7 (4A); HK Securities Ordinance, s. 5]

Specific classes of investors
4A. —(1) Subject to subsection (2), unless the context otherwise requires —

(a) “accredited investor” means —

(i) an individual —

(A) whose net personal assets exceed in value $2 million (or its equivalent in a foreign currency) or such other amount as the Authority may prescribe in place of the first amount; or

(B) whose income in the preceding 12 months is not less than $300,000 (or its equivalent in a foreign currency) or such other amount as the Authority may prescribe in place of the first amount;

(ii) a corporation with net assets exceeding $10 million in value (or its equivalent in a foreign currency) or such other amount as the Authority may prescribe, in place of the first amount, as determined by —

(A) the most recent audited balance-sheet of the corporation; or

(B) where the corporation is not required to prepare audited accounts regularly, a balance-sheet of the corporation certified by the corporation as giving a true and fair view of the state of affairs of the corporation as of the date of the balance-sheet, which date shall be within the preceding 12 months;

(iii) the trustee of such trust as the Authority may prescribe, when acting in that capacity; or

(iv) such other person as the Authority may prescribe;

(b) “expert investor” means —

(i) a person whose business involves the acquisition and disposal, or the holding, of capital markets products, whether as principal or agent;

(ii) the trustee of such trust as the Authority may prescribe, when acting in that capacity; or

(iii) such other person as the Authority may prescribe;

(i) a bank that is licensed under the Banking Act (Cap. 19);

(ii) a merchant bank that is approved as a financial institution under section 28 of the Monetary Authority of Singapore Act (Cap. 186);

(iii) a finance company that is licensed under the Finance Companies Act (Cap. 108);

(iv) a company or society registered under the Insurance Act (Cap. 142) as an insurer;

(v) a company licensed under the Trust Companies Act 2005 (Act 11 of 2005);

(vi) the Government;

(vii) a statutory body established under any Act;

(viii) a pension fund or collective investment scheme;

(ix) the holder of a capital markets services licence for —

(A) dealing in securities;

(B) fund management;

(CA) real estate investment trust management;

(D) securities financing; or

(E) trading in futures contracts;

(x) a person (other than an individual) who carries on the business of dealing in bonds with accredited investors or expert investors;

(xi) the trustee of such trust as the Authority may prescribe, when acting in that capacity; or

(xii) such other person as the Authority may prescribe.

[1/2005;11/2005]

(2) The definitions in subsection (1) may be subject to such modifications as the Authority may prescribe for any specified provision of this Act.

[1/2005]

Application
4B. This Act does not apply to ––

(a) a body corporate approved as a commodity market under section 5 of the Commodity Trading Act (Cap. 48A);

(b) a body corporate approved as a clearing house under section 9 of that Act; or

(c) the holder of a licence issued under that Act when acting lawfully under that Act, but only to the extent that the activities carried out by such person are regulated under that Act.

------------------------------------------------------------------------

MANUFACTURE OF OPTICAL DISCSACT

(Chapter 170C)

Short title
1. This Act may be cited as the Manufacture of Optical Discs Act.

Interpretation
2. In this Act, unless the context otherwise requires —

"article" includes any device, contrivance, machine or equipment;

"authorised officer" means any officer appointed by the Minister under section 3 (1);

“licence” means a licence granted under section 7 (1), and “licensee” shall be construed accordingly;

"licensed premises" , in relation to a licence, means any premises specified in the licence in which optical discs are authorised to be manufactured in accordance with this Act;

"manufacture" means the processes and activities involved in the making of optical discs, including (where applicable) mastering or replicating or both;

"manufacturer’s code" means the manufacturer"s code assigned to a licensee under section 7 (3) (a);

"optical disc" means any medium or article specified in the Schedule;

"place" means any area on land or water and includes any building, structure or enclosure, whether moveable or not;

"register" means the register established and maintained by the Registrar under section 12;

"Registrar" means the Registrar of Optical Discs appointed under section 3 (1).

Appointment of Registrar and other officers
3. —(1) The Minister may appoint a Registrar of Optical Discs, and such Deputy Registrars of Optical Discs and Assistant Registrars of Optical Discs and other officers as he may consider necessary for the purposes of this Act. (2) The Registrar shall be responsible for the administration of this Act, subject to the general or special directions of the Minister. (3) The Deputy Registrars of Optical Discs and the Assistant Registrars of Optical Discs shall have and may exercise, subject to the general direction and supervision of the Registrar, all the powers conferred on the Registrar by this Act. (4) All officers appointed under subsection (1) shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).

------------------------------------------------------------------------

SPAM CONTROL ACT

(Chapter 311A)

Short title
1. This Act may be cited as the Spam Control Act.

Interpretation
2. In this Act, unless the context otherwise requires —

"address harvesting software" means software that is specifically designed or marketed for use for —

(a) searching the Internet for electronic addresses; and

(b) collecting, compiling, capturing or otherwise harvesting those electronic addresses;

"Authority" means the Info-communications Development Authority of Singapore established under section 3 of the Info-communications Development Authority of Singapore Act (Cap. 137A);

"business day" means any day other than a Saturday, Sunday or public holiday;

"dictionary attack" means the method by which the electronic address of a recipient is obtained using an automated means that generates possible electronic addresses by combining names, letters, numbers, punctuation marks or symbols into numerous permutations;

"electronic address" means an electronic mail address or a mobile telephone number to which an electronic message can be sent;

"Internet access service provider" means a person who provides a service to give the public access to the Internet;

"recipient" , in relation to an electronic message, means an authorised user of the electronic address to whom the message is sent, and where a recipient of an electronic message has one or more electronic addresses in addition to the address to which the message was sent, the recipient shall be treated as a separate recipient with respect to each such address;

"sender" , in relation to an electronic message, means a person who sends the message, causes the message to be sent, or authorises the sending of the message;

"unsubscribe request" means a request by a recipient of an electronic message, requesting the sender to cease sending any further electronic messages to his electronic address.[Aust Spam Act, s. 4; US CAN-SPAM Act, ss. 5(b)(1)(A)(ii), 3(14); Companies Act, s. 4(1)]

Meaning of “commercial electronic message”
3. —(1) In this Act, a commercial electronic message is an electronic message, where, having regard to —

(a) the content of the message;

(b) the way in which the message is presented; and

(c) the content that can be located using the links, telephone numbers or contact information (if any) set out in the message, it is concluded that the primary purpose of the message is —

(i) to offer to supply goods or services;

(ii) to advertise or promote goods or services;

(iii) to advertise or promote a supplier, or a prospective supplier, of goods or services;

(iv) to offer to supply land or an interest in land;

(v) to advertise or promote land or an interest in land;

(vi) to advertise or promote a supplier, or a prospective supplier, of land or an interest in land;

(vii) to offer to provide a business opportunity or an investment opportunity;

(viii) to advertise or promote a business opportunity or an investment opportunity;

(ix) to advertise or promote a provider, or a prospective provider, of a business opportunity or an investment opportunity;

(x) to assist or enable a person, by deception, to dishonestly obtain property belonging to another person;

(xi) to assist or enable a person, by deception, to dishonestly obtain a financial advantage from another person; or

(xii) to assist or enable a person to dishonestly obtain a gain from another person. (2) For the purposes of paragraphs (i) to (ix) of subsection (1), it is immaterial —

(a) whether the goods, services, land, interest or opportunity exists; or

(b) whether it is lawful to acquire the goods, services, land or interest, or take up the opportunity. (3) Any of the following persons may be the individual who, or entity which, is the sender of the message:

(a) the supplier or prospective supplier referred to in paragraph (iii) or (vi) of subsection (1);

(b) the provider or prospective provider referred to in paragraph (ix) of subsection (1);

(c) the first-mentioned person referred to in paragraph (x), (xi) or (xii) of subsection (1). (4) Subject to subsection (5), a person who knowingly allows his product or service to be advertised or promoted by a sender shall be deemed to have authorised the sending by the sender of any electronic message that advertises or promotes that person’s product or service. (5) For the purposes of subsection (4), a person who takes reasonable steps to stop the sending of any electronic message that advertises or promotes that person’s product or service shall be deemed not to have authorised the sending of the message. [Aust Spam Act, s. 6]

Meaning of “electronic message”
4. —(1) In this Act, subject to subsection (3), an electronic message is a message sent to an electronic address. (2) For the purposes of subsection (1), it is immaterial —

(a) whether the electronic address exists; or

(b) whether the message reaches its intended destination. (3) For the purposes of this Act, a message is not an electronic message if it is sent by way of a voice call made using a telephone service. [Aust Spam Act, s. 5]

Meaning of “unsolicited”
5. —(1) In this Act, an electronic message is unsolicited if the recipient did not —

(a) request to receive the message; or

(b) consent to the receipt of the message. (2) For the purposes of subsection (1), a recipient shall not be treated as having requested to receive the message or consented to the receipt of the message merely because the electronic address of the recipient was given or published by or on behalf of the recipient. (3) For the purposes of subsection (1), where a recipient of an electronic message, other than an unsolicited electronic message, submits an unsubscribe request, he shall not be treated as having requested to receive or consented to the receipt of any message sent after the expiration of 10 business days after the day on which the unsubscribe request is submitted.

Meaning of “sending in bulk”
6. —(1) For the purposes of this Act, electronic messages shall be deemed to be sent in bulk if a person sends, causes to be sent or authorises the sending of —

(a) more than 100 electronic messages containing the same or similar subject-matter during a 24-hour period;

(b) more than 1,000 electronic messages containing the same or similar subject-matter during a 30-day period; or

(c) more than 10,000 electronic messages containing the same or similar subject-matter during a one-year period. (2) The Minister may, by order published in the Gazette, vary the number of electronic messages specified in subsection (1)(a), (b) or (c). [US Code, s. 1037(d)(3) of Chapter 47 of title 18]

Application of Act
7. —(1) This Act shall not apply unless an electronic message has a Singapore link. (2) For the purposes of subsection (1), an electronic message has a Singapore link in the following circumstances:

(a) the message originates in Singapore;

(b) the sender of the message is —

(i) an individual who is physically present in Singapore when the message is sent; or

(ii) an entity whose central management and control is in Singapore when the message is sent;

(d) the recipient of the message is —

(i) an individual who is physically present in Singapore when the message is accessed; or

(ii) an entity that carries on business or activities in Singapore when the message is accessed; or

(e) if the message cannot be delivered because the relevant electronic address has ceased to exist (assuming that the electronic address existed), it is reasonably likely that the message would have been accessed using a computer, mobile telephone, server or device located in Singapore. (3) Notwithstanding subsection (1), this Act shall not apply to any electronic message specified in the First Schedule to such extent as may be specified therein. [Aust Spam Act, s. 7]

------------------------------------------------------------------------

TERRORISM (SUPPRESSION OF BOMBINGS) ACT

(Chapter 324A)

Short title
1. This Act may be cited as the Terrorism (Suppression of Bombings) Act.

Interpretation
2. In this Act, unless the context otherwise requires —

"armed conflict" does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature;

"Convention" means the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15th December 1997;

"Convention country" means a foreign country that is a Party to the Convention;

"conveyance" includes any vessel, train, vehicle, aircraft and other mode of transport;

"country" includes a State or territory, as the case may be;

"explosive or other lethal device" means —

(a) an explosive or other incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage; or

(b) a weapon or device that is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage through the release, dissemination, or impact of —

(i) toxic chemicals, biological agents or toxins or similar substances; or

(ii) radiation or radioactive material;

"infrastructure facility" means any facility (whether publicly or privately owned) providing or distributing services for the benefit of the public, such as water, sewage disposal, energy, fuel or communications;

"military forces of a State" means —

(a) the armed forces of a State which are organised, trained and equipped under its internal law for the primary purpose of national defence or security;

(b) civilians who direct or organise the official activities of those armed forces; or

(c) civilians acting in support of the official activities of those armed forces, if the civilians are under the formal command, control and responsibility of those forces;

"place of public use" —

(a) means those parts of any building, land, street or waterway or other location that are accessible or open to members of the public, whether continuously, periodically or occasionally, and whether for free or on payment of a charge; and

(b) includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or similar place that is so accessible or open to the public;

"public transportation system" means all conveyances, facilities, buildings and objects (whether publicly or privately owned) used in or for services that are available to the public for the transportation of persons or cargo;

"State or government facility" means any conveyance or facility (whether permanent or temporary) used or occupied by any of the following persons in connection with their official duties:

(a) a representative of any government;

(b) the Head of State of any country;

(d) a member of the legislature or judiciary of any country;

(e) an official or employee of any government or of any intergovernmental organisation;

"terrorist bombing offence" means —

(a) any of the offences under section 3;

(b) conspiracy to commit any of those offences;

(d) attempting to commit any of those offences; or

(e) aiding, abetting, counselling or procuring the commission of any of those offences.

Terrorist bombing
3. —(1) Every person who intentionally and without lawful excuse delivers, places, discharges or detonates an explosive or other lethal device in, into or against —

(a) a place of public use;

(b) a State or government facility;

(d) an infrastructure facility, with intent to cause death or serious bodily injury, or extensive destruction of such place, facility or system that results in or is likely to result in major economic loss, shall be guilty of an offence and shall on conviction —

(i) if he had intended to cause death or serious bodily injury and death is caused, be punished with death; or

(ii) in any other case, be punished with life imprisonment. (2) Subsection (1) does not apply to —

(a) the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law; or

(b) activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

Information about acts of terrorist bombing
4. —(1) Every person in Singapore who has information which he knows or believes may be of material assistance —

(a) in preventing the commission by another person of a terrorist bombing offence; or

(b) in securing the apprehension, prosecution or conviction of another person, in Singapore, for a terrorist bombing offence, and who fails to disclose the information immediately to a police officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both. (2) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section. (3) A person who makes a disclosure in good faith under this section shall not be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct.

Assistance in criminal matters for Convention offences
5. —(1) For the purposes of the provision of assistance under Part III of the Mutual Assistance in Criminal Matters Act (Cap. 190A) to a foreign country for a criminal matter involving a relevant offence of that country, the relevant offence shall be deemed not to be an offence of a political character. (2) In this section —

"criminal matter" has the meaning given to that expression in section 2(1) of the Mutual Assistance in Criminal Matters Act (Cap. 190A);

"relevant offence" , in relation to a foreign country, means an offence against the law of that country that consists of or includes conduct which, if it had occurred in Singapore, would have constituted a terrorist bombing offence.

Extradition
6. —(1) There shall be deemed to be included in the list of offences in the First Schedule to the Extradition Act (Cap. 103) all terrorist bombing offences. (2) Subject to subsection (3), where no extradition treaty is in force between Singapore and a Convention country, a notification in the Gazette under section 4 of the Extradition Act may be made applying that Act as if there were an extradition treaty between Singapore and that country. (3) Where the Extradition Act is applied under subsection (2), that Act shall have effect in relation to that country as if the only extradition crimes under that Act were the relevant offences of that country. (4) Subsection (3) is without prejudice to any other notification made under section 4 of the Extradition Act. (5) Where —

(a) an extradition treaty is in force between Singapore and a Convention country; and

(b) the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country, a notification in the Gazette under section 4 of the Extradition Act may be made applying that Act in relation to that country as if the treaty provided for the matter referred to in paragraph (b). (6) Where a notification referred to in subsection (5) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act in relation to that country shall, to the extent that it prevents the relevant offence from being considered an extradition crime in relation to that country, be disregarded in the application of that Act in relation to that country. (7) For the purposes of the Extradition Act (Cap. 103) —

(a) any act, wherever committed, which is a relevant offence of a Convention country in the case of which that Act has been applied by a notification in the Gazette made under section 4 of that Act, shall be deemed to be an offence within the jurisdiction of that country; and

(b) any such offence shall be deemed not to be an offence of a political character. (8) In this section, “relevant offence”, in relation to a Convention country, means an offence against the law of, or of part of, that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in or within the jurisdiction of Singapore —

(a) constitute a terrorist bombing offence; or

(b) be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.

Extra-territoriality
7. Every person who, outside Singapore, commits an act or omission that, if committed in Singapore, would constitute a terrorist bombing offence is deemed to commit the act or omission in Singapore and may be proceeded against, charged, tried and punished accordingly.

No prosecution without Public Prosecutor’s consent
8. A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor.

Cyberwellness

Saturday, December 4, 2010

Cybercrimes - Penalities

Computer Misuse Act (Chapter 50A)

1. Types of Crimes

1.1 What is "computer crime" and what is "cyber crime"?

2. Offences/Liabilities

2.1 Unauthorised access to computer material

2.1.1Penalty

2.2 Access with intent to commit or facilitate commission of offence

2.2.1 Penalty

2.3 Unauthorised modification of computer material

2.3.1 Penalty

2.4 Unauthorised use or interception of computer service

2.4.1 Penalty

2.5 Unauthorised obstruction of use of computer

2.5.1 Penalty

2.6 Unauthorised disclosure of access code

2.6.1 Penalty

2.7 Enhanced punishment for offences involving protected computers

2.7.1 Penalty

3. What else has been done?

4. Reference

------------------------------------------------------------------------

Film Act (Chapter 107)

------------------------------------------------------------------------

Securities & Futures Act (Chapter 289)

------------------------------------------------------------------------

MANUFACTURE OF OPTICAL DISCSACT

(Chapter 170C)

------------------------------------------------------------------------

SPAM CONTROL ACT

(Chapter 311A)

------------------------------------------------------------------------

TERRORISM (SUPPRESSION OF BOMBINGS) ACT

(Chapter 324A)

No comments:

Post a Comment