Organised Crime Act 2015

Source: Singapore Statutes Online | Archived by Legal Wires

Organised Crime Act 2015
2020 REVISED EDITION
This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021
An Act to detect, investigate, prevent and disrupt organised crime activities and to deprive persons involved in such activities of the benefits of their crime.
[1 June 2016]
PART 1
PRELIMINARY
Short title
1.  This Act is the Organised Crime Act 2015.
General interpretation
2.—(1)  In this Act, unless the context otherwise requires —
“associate with” means —
(a)to be in habitual company with; or
(b)to habitually communicate with by any means (including by post, fax, telephone, email or any other form of electronic communication);
“conduct” means any act or omission, any series of acts or omissions, or both;
“corporation” has the meaning given by section 4(1) of the Companies Act 1967;
“disqualification order” means a disqualification order mentioned in section 39;
“document” means anything in which information of any description is recorded, whether in electronic or any other form;
“engage”, in relation to any conduct, means to engage, directly or indirectly, in the conduct either alone or together with any other person or persons;
“FRO” means a financial reporting order mentioned in section 21;
“group” means a group of 3 or more individuals (whether or not ordinarily resident in Singapore), however organised, including by forming a company or association or body of persons, corporate or unincorporate, whether or not —
(a)the company or association or body of persons is based within or outside Singapore; or
(b)the company or association or body of persons is part of a larger group;
“illegal purpose”, in relation to a locally-linked organised criminal group or an organised criminal group, means the purpose mentioned in the definition of “locally‑linked organised criminal group” or “organised criminal group”, respectively;
“law enforcement agency” means —
(a)the Singapore Police Force;
(b)the Central Narcotics Bureau;
(c)the Immigration & Checkpoints Authority;
(d)the Commercial Affairs Department;
[Act 19 of 2025 wef 05/12/2025]
(e)any similar department or office of the Government prescribed by the Minister by notification in the Gazette; or
[Act 19 of 2025 wef 05/12/2025]
(f)any similar department or office of a public body prescribed by the Minister by notification in the Gazette;
[Act 19 of 2025 wef 05/12/2025]
“law enforcement officer” means —
(a)a police officer;
(b)an officer of the Central Narcotics Bureau;
(c)an immigration officer appointed under section 3 of the Immigration Act 1959;
(d)a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004;
[Act 19 of 2025 wef 05/12/2025]
(e)any other public officer or class of public officers authorised in writing by the Minister for the purposes of this Act; or
[Act 19 of 2025 wef 05/12/2025]
(f)any officer or class of officers of a public body authorised in writing by the Minister for the purposes of this Act;
[Act 19 of 2025 wef 05/12/2025]
“locally-linked organised criminal group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of any serious offence;
“locally-linked organised criminal scam group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of any serious scam offence;
[Act 21 of 2025 wef 30/12/2025]
“OCPO” means an organised crime prevention order mentioned in section 15;
“organised criminal group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of —
(a)any serious offence; or
(b)any act outside Singapore that, if the act occurred in Singapore, would constitute a serious offence;
“organised criminal scam group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of —
(a)any serious scam offence; or
(b)any act outside Singapore that, if the act occurred in Singapore, would constitute a serious scam offence;
[Act 21 of 2025 wef 30/12/2025]
“Part 2 offence” means —
(a)any offence under section 5, 6, 7, 8, 9, 10, 11 or 12; or
(b)an abetment of, or a conspiracy or an attempt to commit, any offence mentioned in paragraph (a);
“premises” includes any land, vehicle, vessel, aircraft or hovercraft;
“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;
“public body” means a body corporate established by a public Act for the purposes of a public function, but excludes a Town Council established under section 4 of the Town Councils Act 1988;
[Act 19 of 2025 wef 05/12/2025]
“serious offence” means any offence specified in Part 1 of the Schedule;
[Act 21 of 2025 wef 30/12/2025]
“serious scam offence” means any offence specified in Part 2 of the Schedule.
[Act 21 of 2025 wef 30/12/2025]
(2)  For the purposes of this Act, a person (A) facilitates the commission of an offence by any other person so long as A facilitates any conduct which A knows, or has reasonable grounds to believe, may amount to the offence, whether or not A knows —
(a)the particular offence being facilitated;
(b)the exact details of the offence being facilitated; or
(c)that an offence was actually committed.
(3)  For the purposes of this Act, a group of persons is capable of being an organised criminal group, whether or not —
(a)any of the persons in the group are subordinates or employees of any other persons in the group;
(b)only one or some of the persons in the group are involved in planning, organising or carrying out any serious offence in furtherance of the illegal purpose of the organised criminal group; or
(c)the membership of the group changes from time to time.
(4)  In the following proceedings:
(a)proceedings against any person for a Part 2 offence, or for any offence which is subject to the penalty under section 13;
(b)any application for an OCPO or FRO, or a disqualification order, to be made against any person;
(c)any application for an examination order to be made against any person under section 73;
(d)any proceedings in relation to any application to be made against any person under Part 9,
it is not necessary for the Public Prosecutor to prove that the person knew the identity of all or any of the persons who constitute the organised criminal group.
Meaning of “item subject to legal privilege”
3.—(1)  For the purposes of this Act, an item is subject to legal privilege if —
(a)it is a communication made between a lawyer and a client, or a legal counsel acting as such and his or her employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be;
(b)it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be;
(c)it is a communication made —
(i)between a client, or an employer of a legal counsel, and another person;
(ii)between a lawyer acting for a client and either the client or another person; or
(iii)between a legal counsel acting as such for his or her employer and either the employer or another person,
in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer (as the case may be) is or may be, or was or might have been, a party;
(d)it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (a) or (b) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or
(e)it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (c) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel (as the case may be) is or may be, or was or might have been, a party,
but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose.
(2)  In this section —
“client”, in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client;
“employer”, in relation to a legal counsel, includes —
(a)if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, every corporation so related as if the legal counsel is also employed by each of the related corporations;
(b)if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 and the legal counsel is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and
(c)an employee or officer of the employer;
“lawyer” means an advocate and solicitor, and includes an interpreter or other person who works under the supervision of an advocate and solicitor;
“legal counsel” means a legal counsel as defined in section 3(7) of the Evidence Act 1893, and includes an interpreter or other person who works under the supervision of a legal counsel.
Purpose of Act
4.  The purpose of this Act is to deal with organised crime with the object of —
(a)punishing persons who are involved in the activities of organised criminal groups;
(b)preventing, restricting and disrupting the activities of organised criminal groups and persons who are involved in such groups;
(c)protecting members of the public from the harm caused, or likely to be caused, by such groups;
(d)empowering a court to make various orders in order to prevent, restrict or disrupt the involvement of persons associated with such groups; and
(e)establishing a regime for the confiscation of benefits from organised crime activities.
PART 2
ORGANISED CRIME OFFENCES
Locally-linked organised criminal group membership
5.—(1)  Any person who is or acts as a member of a group, knowing or having reasonable grounds to believe that the group is a locally‑linked organised criminal group, commits an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(1A)  Any person who is or acts as a member of a group, knowing that the group is a locally-linked organised criminal scam group, commits an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both, and shall also be punished with caning with not less than 6 strokes.
[Act 21 of 2025 wef 30/12/2025]
(2)  In determining whether a person is guilty of an offence under subsection (1) or (1A), the matters which a court may consider include, but are not limited to —
(a)that person’s involvement in meetings with known members of the group;
(b)whether that person is identified as a member by known members (whether existing or former members) of the group;
(c)whether that person adopts the style of dress, hand signs, language or tattoos used by known members of the group;
(d)whether that person associates with known members of the group;
(e)whether that person has recruited or attempted to recruit any other person to be a member of the group;
(f)whether that person habitually visits premises or meeting places known to be used by the group, and the person knows or has reasonable grounds to believe that those premises or meeting places are owned or occupied by the group;
(g)whether that person has been arrested more than once in the company of known members of the group for any serious offence that is consistent with the usual criminal activity of the group;
(h)whether that person is identified as a member of the group by physical evidence such as photographs or other documentation;
(i)whether that person has received or is receiving any financial or other material benefit from the group;
(j)whether that person signed up to be a member of the group; and
(k)whether that person has undergone any initiation ceremony or is subject to any disciplinary regime of the group.
[Act 21 of 2025 wef 30/12/2025]
Recruiting members for organised criminal group
6.—(1)  A person in Singapore commits an offence if the person —
(a)incites, induces or invites another person (whether within or outside Singapore); or
(b)uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,
to become a member of, or to assist in the management of, a group, knowing or having reasonable grounds to believe that the group is an organised criminal group.
(2)  A person outside Singapore commits an offence if the person —
(a)incites, induces or invites another person (whether within or outside Singapore); or
(b)uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,
to become a member of, or to assist in the management of, a group, knowing or having reasonable grounds to believe that the group is a locally-linked organised criminal group.
(3)  Subject to subsection (4), a person who commits an offence under subsection (1) or (2) shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(b)in any other case, to a fine not exceeding $500,000.
(4)  Where a person (A) commits an offence under subsection (1) or (2) and it is proved that A knows or has reasonable grounds to believe that the other person referred to in that subsection was, at the time of the offence, a vulnerable person or below 21 years of age, A shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $350,000 or to imprisonment for a term not exceeding 7 years or to both; or
(b)in any other case, to a fine not exceeding $700,000.
(5)  A person in Singapore commits an offence if the person —
(a)incites, induces or invites another person (whether within or outside Singapore); or
(b)uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,
to become a member of, or to assist in the management of, a group, knowing that the group is an organised criminal scam group.
[Act 21 of 2025 wef 30/12/2025]
(6)  A person outside Singapore commits an offence if the person —
(a)incites, induces or invites another person (whether within or outside Singapore); or
(b)uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,
to become a member of, or to assist in the management of, a group, knowing that the group is a locally-linked organised criminal scam group.
[Act 21 of 2025 wef 30/12/2025]
(7)  Subject to subsection (8), a person who commits an offence under subsection (5) or (6) shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both, and shall also be punished with caning with not less than 6 strokes; or
(b)in any other case, to a fine not exceeding $500,000.
[Act 21 of 2025 wef 30/12/2025]
(8)  If a person (A) commits an offence under subsection (5) or (6) and it is proved that A knows or has reasonable grounds to believe that the other person mentioned in subsection (5) or (6) (as the case may be) was, at the time of the offence, a vulnerable person or below 21 years of age, A shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $350,000 or to imprisonment for a term not exceeding 7 years or to both, and shall also be punished with caning with not less than 6 strokes; or
(b)in any other case, to a fine not exceeding $700,000.
[Act 21 of 2025 wef 30/12/2025]
(9)  For the purposes of subsections (4) and (8), if it is proved that the other person mentioned in subsection (1), (2), (5) or (6) (as the case may be) was at the time of the offence, a vulnerable person or below 21 years of age, A is presumed, unless otherwise proven, to know or to have reasonable grounds to believe that that other person was, at the time of the offence, a vulnerable person or below 21 years of age (as the case may be).
[Act 21 of 2025 wef 30/12/2025]
(10)  In this section, “vulnerable person” means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from any disability or disorder of the mind or brain which impairs the person’s ability to make a proper judgment in relation to whether or not to become a member of, or to assist in the management of, a locally-linked organised criminal group, locally-linked organised criminal scam group, organised criminal group or organised criminal scam group.
[Act 21 of 2025 wef 30/12/2025]
Instructing commission of offence for organised criminal group
7.—(1)  A person in Singapore commits an offence if the person instructs, directly or indirectly, any other person (whether within or outside Singapore) to commit —
(a)a Part 2 offence (other than an offence under this section); or
(b)an offence under any written law which the person instructing knows is at the direction of, or in furtherance of the illegal purpose of, an organised criminal group.
(2)  A person outside Singapore commits an offence if the person instructs, directly or indirectly, any other person (whether within or outside Singapore) to commit —
(a)a Part 2 offence (other than an offence under this section); or
(b)an offence under any written law which the person instructing knows is at the direction of, or in furtherance of the illegal purpose of, a locally-linked organised criminal group.
(3)  A person (A) who commits an offence under subsection (1) or (2) shall be guilty of an offence, and the punishment for the offence upon A’s conviction is as follows:
(a)if the offence instructed is not committed in consequence of A’s instruction — the punishment provided for the offence instructed, but as modified by subsection (4);
(b)if the offence instructed is committed in consequence of A’s instruction — the punishment provided for the offence instructed, but as modified by subsection (5);
(c)if the person instructed commits the offence instructed with a different intention or knowledge from A — the punishment provided for the offence which would have been committed if the offence had been done with the intention or knowledge of A, but as modified by subsection (5);
(d)if the offence instructed is not committed but a different offence, which is a probable consequence of the instructed offence, is committed instead — the punishment provided for the different offence, but as modified by subsection (5);
(e)if the different offence mentioned in paragraph (d) is committed in addition to the offence instructed, and constitutes a distinct offence — the punishment provided for the different offence mentioned in paragraph (d), and for the offence instructed, but as modified by subsection (5);
(f)if A gave the instruction with the intention of causing a particular effect by the offence instructed, but another offence with a different effect from that intended by A is committed instead and A knew that the offence instructed was likely to cause the different effect — the punishment provided for the other offence with the different effect, but as modified by subsection (5).
(4)  For the purposes of subsection (3)(a), the modifications are as follows:
(a)where the punishment, or one of the punishments, prescribed for the offence instructed is a fine, the maximum amount of fine is twice the maximum amount of fine prescribed for the offence instructed;
(b)where the punishment, or one of the punishments, prescribed for the offence instructed is a term of imprisonment (other than life imprisonment), the maximum imprisonment term is half of the maximum imprisonment term prescribed for the offence instructed;
(c)where the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment, that punishment is replaced with an imprisonment term which must not exceed 10 years;
(d)where —
(i)the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment; and
(ii)hurt is caused to any person as a result of an act for which the instructor is liable in consequence of the instruction,
that punishment is replaced with an imprisonment for a term which must not exceed 20 years.
(5)  For the purposes of subsection (3)(b) to (f), the modifications are as follows:
(a)where the punishment, or one of the punishments, prescribed for the predicate offence is a fine, the maximum amount of fine is 4 times the maximum amount of fine prescribed for that offence;
(b)where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to less than 4 years, the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 4 years;
(c)where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to 4 years or more (other than life imprisonment), the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 10 years.
(6)  To avoid doubt, nothing in subsection (4)(a) or (b) or (5) affects the minimum sentence which is fixed or specified under any written law.
(7)  In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that the accused instructed a particular person to commit an offence.
(8)  In subsection (5), “predicate offence” means —
(a)in relation to subsection (3)(b) — the offence instructed;
(b)in relation to subsection (3)(c) — the offence which would have been committed if the offence had been done with the intention or knowledge of A;
(c)in relation to subsection (3)(d) — the different offence mentioned in that subsection;
(d)in relation to subsection (3)(e) — both the different offence mentioned in subsection (3)(d) and the offence instructed; and
(e)in relation to subsection (3)(f) — the other offence with the different effect mentioned in that subsection.
Procuring expenditure or application of property to support, aid or promote certain offences related to organised criminal group
8.—(1)  A person in Singapore who procures from any other person (whether within or outside Singapore) any expenditure or application of any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of —
(a)a Part 2 offence (other than an offence under this section); or
(b)an offence under any written law, which is for the purpose of conferring a financial or other material benefit on an organised criminal group,
commits an offence and shall be liable on conviction —
(c)in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(d)in any other case, to a fine not exceeding $500,000.
(2)  A person outside Singapore who procures from any other person (whether within or outside Singapore) any expenditure or application of any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of —
(a)a Part 2 offence (other than an offence under this section); or
(b)an offence under any written law, which is for the purpose of conferring a financial or other material benefit on a locally‑linked organised criminal group,
commits an offence and shall be liable on conviction —
(c)in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(d)in any other case, to a fine not exceeding $500,000.
Expending or applying property to support, aid or promote certain offences related to organised criminal group
9.—(1)  A person in Singapore who expends or applies any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of —
(a)a Part 2 offence (other than an offence under this section); or
(b)an offence under any written law, which is for the purpose of conferring a financial or other material benefit on an organised criminal group,
commits an offence and shall be liable on conviction —
(c)in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(d)in any other case, to a fine not exceeding $500,000.
(2)  A person outside Singapore who expends or applies any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of —
(a)a Part 2 offence (other than an offence under this section); or
(b)an offence under any written law, which is for the purpose of conferring a financial or other material benefit on a locally‑linked organised criminal group,
commits an offence and shall be liable on conviction —
(c)in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(d)in any other case, to a fine not exceeding $500,000.
Allowing organised criminal group to use premises
10.—(1)  A person in Singapore who allows any group, or any member of a group, which the person knows or has reasonable grounds to believe is an organised criminal group, to use any premises (whether within or outside Singapore) owned or occupied by the person, or over which the person has control, in order to support, aid or promote the commission of —
(a)a Part 2 offence (other than an offence under this section); or
(b)an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the organised criminal group,
commits an offence and shall be liable on conviction —
(c)in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(d)in any other case, to a fine not exceeding $500,000.
(2)  A person outside Singapore who allows any group, or any member of a group, which the person knows or has reasonable grounds to believe is a locally-linked organised criminal group, to use any premises (whether within or outside Singapore) owned or occupied by the person, or over which the person has control, in order to support, aid or promote the commission of —
(a)a Part 2 offence (other than an offence under this section); or
(b)an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the locally‑linked organised criminal group,
commits an offence and shall be liable on conviction —
(c)in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(d)in any other case, to a fine not exceeding $500,000.
Receiving, retaining, etc., property of organised criminal group
11.—(1)  A person in Singapore must not receive, retain, conceal, dispose of or otherwise deal with any property if the person knows or has reasonable grounds to believe that the property —
(a)is illegally obtained by an organised criminal group; or
(b)is used by an organised criminal group to commit, or to facilitate the commission of —
(i)a Part 2 offence (other than an offence under this section); or
(ii)an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the organised criminal group.
(2)  A person outside Singapore must not receive, retain, conceal, dispose of or otherwise deal with any property if the person knows or has reasonable grounds to believe that the property —
(a)is illegally obtained by a locally-linked organised criminal group; or
(b)is used by a locally-linked organised criminal group to commit, or to facilitate the commission of —
(i)a Part 2 offence (other than an offence under this section); or
(ii)an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the locally-linked organised criminal group.
(3)  A person who contravenes subsection (1) or (2) commits an offence and shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
(b)in any other case, to a fine not exceeding $500,000.
Facilitation of commission of offence by organised criminal group
12.—(1)  A person in Singapore commits an offence if the person engages in conduct which the person knows or has reasonable grounds to believe will facilitate —
(a)the commission of a Part 2 offence (other than an offence under this section); or
(b)the commission of any serious offence at the direction of, or in furtherance of the illegal purpose of, an organised criminal group.
(2)  A person outside Singapore commits an offence if the person engages in conduct which the person knows or has reasonable grounds to believe will facilitate —
(a)the commission of a Part 2 offence (other than an offence under this section); or
(b)the commission of any serious offence at the direction of, or in furtherance of the illegal purpose of, a locally-linked organised criminal group.
(3)  A person guilty of an offence under subsection (1) or (2) shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both; or
(b)in any other case, to a fine not exceeding $200,000.
Commission of offence for organised criminal group
13.—(1)  Where a court convicts a person for the commission, in Singapore, of an offence under any written law other than this Act (called the predicate offence) and it is proved that the offence —
(a)was committed at the direction of a group which the person knows or has reasonable grounds to believe is an organised criminal group; or
(b)was committed in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is an organised criminal group,
the punishment which the court may impose is the same punishment provided for the predicate offence, but as modified by subsection (3).
(2)  Where a court convicts a person for the commission, outside Singapore, of an offence under any written law other than this Act (called the predicate offence) and it is proved that the offence —
(a)was committed at the direction of a group which the person knows or has reasonable grounds to believe is a locally‑linked organised criminal group; or
(b)was committed in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is a locally-linked organised criminal group,
the punishment which the court may impose is the same punishment provided for the predicate offence, but as modified by subsection (3).
(3)  For the purposes of subsections (1) and (2), the modifications are as follows:
(a)where the punishment, or one of the punishments, prescribed for the predicate offence is a fine, the maximum amount of fine is twice the maximum amount of fine prescribed for the predicate offence;
(b)where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to less than 4 years, the maximum imprisonment term is an imprisonment term not exceeding a period equal to the maximum imprisonment term for the predicate offence plus 2 years;
(c)where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to 4 years or more (other than life imprisonment), the maximum imprisonment term is an imprisonment term not exceeding a period equal to the maximum imprisonment term for the predicate offence plus 5 years.
(4)  To avoid doubt, nothing in subsection (3) affects the minimum sentence which is fixed or specified under any written law.
PART 3
ORGANISED CRIME PREVENTION ORDERS
Division 1 — Preliminary
Interpretation of this Part and Parts 4 and 5
14.—(1)  In this Part and Parts 4 and 5, unless the context otherwise requires —
“public” includes a section of the public or a particular member of the public;
“relevant parties”, in relation to an OCPO or FRO, means —
(a)the Public Prosecutor; and
(b)the person in relation to whom the OCPO or FRO is to be made, or the person who is the subject of the OCPO or FRO, as the case may be.
(2)  For the purposes of this Act, a person (A) is involved in a serious offence associated with an organised criminal group if conditions X in subsection (3), or conditions Y in subsection (4), are met.
(3)  Conditions X are —
(a)A, in Singapore, has committed the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence);
(b)A, in Singapore, has facilitated the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by any other person; or
(c)the conduct of A in Singapore was such that it was likely to facilitate the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by A or any other person,
and the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) —
(d)is at the direction of a group which A knows or has reasonable grounds to believe is an organised criminal group; or
(e)is in furtherance of the illegal purpose of a group which A knows or has reasonable grounds to believe is an organised criminal group.
(4)  Conditions Y are —
(a)A, outside Singapore, has committed the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence);
(b)A, outside Singapore, has facilitated the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by any other person; or
(c)the conduct of A outside Singapore was such that it was likely to facilitate the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by A or any other person,
and the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) —
(d)is at the direction of a group which A knows or has reasonable grounds to believe is a locally-linked organised criminal group; or
(e)is in furtherance of the illegal purpose of a group which A knows or has reasonable grounds to believe is a locally‑linked organised criminal group.
(5)  For the purposes of this Act, a person (A) is involved in a Part 2 offence if —
(a)A has committed the Part 2 offence;
(b)A has facilitated the commission of the Part 2 offence by any other person; or
(c)the conduct of A was such that it was likely to facilitate the commission of the Part 2 offence by A or any other person.
(6)  For the purposes of this Part and Parts 4 and 5, references to a person who is the subject of an OCPO or FRO are references to a person against whom the public is to be protected.
Division 2 — General
Organised crime prevention orders
15.—(1)  Subject to the provisions of Part 5, the General Division of the High Court may, upon the application of the Public Prosecutor, make an organised crime prevention order against a person if, upon giving the person a reasonable opportunity to be heard —
(a)the court is satisfied, on a balance of probabilities, that the person has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group; and
(b)the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence, or any serious offence associated with an organised criminal group.
[40/2019]
(2)  Subject to the provisions of Part 5, where a court convicts any person for having committed —
(a)a Part 2 offence; or
(b)a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13,
the court may, upon the application of the Public Prosecutor, and upon giving the person a reasonable opportunity to be heard, make an organised crime prevention order at the time of sentencing the person if the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence or any serious offence associated with an organised criminal group.
(3)  An organised crime prevention order made under this section may contain —
(a)such prohibitions, restrictions or requirements; and
(b)such other terms,
as the court considers appropriate for the purpose of protection as mentioned in subsection (1) or (2).
(4)  Rules of Court may provide for the manner in which an application under subsection (1) may be made.
(5)  To avoid doubt, any defence that is available to a person who is prosecuted for a Part 2 offence or serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, is also available to the person in any proceedings under this section for the same act.
(6)  A reference in subsection (1) to involvement in a serious offence associated with an organised criminal group includes involvement at any time (whether before, on or after 1 June 2016) in a serious offence associated with an organised criminal group.
Type of provision that may be made by organised crime prevention orders
16.—(1)  This section contains examples of, but does not limit, the type of provision that may be made by an OCPO.
(2)  Examples of prohibitions, restrictions or requirements that may be imposed on a person who is an individual (including a partner in a partnership) by an OCPO include prohibitions or restrictions on, or requirements in relation to all or any of the following:
(a)an individual’s financial, property or business dealings or holdings;
(b)an individual’s working arrangements;
(c)the means by which an individual communicates or associates with others, or the persons with whom the individual communicates or associates;
(d)the premises to which an individual has access;
(e)the use of any premises or item by an individual;
(f)an individual’s travel (whether within Singapore, between Singapore and other places or otherwise).
(3)  Examples of prohibitions, restrictions or requirements that may be imposed on a person that is a body corporate, partnership, limited liability partnership or unincorporated association by an OCPO include prohibitions or restrictions on, or requirements in relation to all or any of the following:
(a)the financial, property or business dealings or holdings of the person;
(b)the types of agreements to which the person may be a party;
(c)the provision of goods or services by the person;
(d)the premises to which the persons referred to in section 18(1)(b) to (f) have access;
(e)the use of any premises or item by the person;
(f)the employment of staff by the person.
(4)  Examples of requirements that may be imposed on any person (whether an individual, body corporate, partnership, limited liability partnership or unincorporated association) by an OCPO include —
(a)a requirement on a person to answer questions, or provide information, specified or described in an OCPO —
(i)at a time, within a period or at a frequency;
(ii)at a place;
(iii)in a form and manner; and
(iv)to a law enforcement officer,
notified to the person by a law enforcement officer specified in the OCPO; or
(b)a requirement on a person to produce documents specified or described in an OCPO —
(i)at a time, within a period or at a frequency;
(ii)at a place;
(iii)in a manner; and
(iv)to a law enforcement officer,
notified to the person by a law enforcement officer specified in the OCPO.
(5)  The prohibitions, restrictions or requirements that may be imposed on an individual by an OCPO include prohibitions, restrictions or requirements in relation to an individual’s private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside).
(6)  Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.
Division 3 — Duration and nature of OCPO
Duration of OCPO
17.—(1)  An OCPO must specify when it is to come into force and when it is to cease to be in force.
(2)  An OCPO is not to be in force for more than 5 years beginning with the coming into force of the OCPO.
(3)  An OCPO may specify different times for the coming into force, or ceasing to be in force, of different provisions of the OCPO.
(4)  Where an OCPO specifies different times in accordance with subsection (3), the OCPO —
(a)must specify when each provision is to come into force and cease to be in force; and
(b)is not to be in force for more than 5 years beginning with the coming into force of the first provision of the OCPO to come into force.
(5)  The fact that an OCPO, or any provision of an OCPO, ceases to be in force does not prevent the court which first made the OCPO from making a new OCPO to the same or similar effect.
(6)  A new OCPO may be made in anticipation of an earlier OCPO or provision ceasing to be in force.
Persons against whom OCPO may be made
18.—(1)  An OCPO may be made against —
(a)an individual, body corporate, partnership, limited liability partnership or unincorporated association;
(b)an officer or employee of a body corporate or any other person associated with a body corporate;
(c)a particular partner of a partnership or limited liability partnership;
(d)a senior officer or employee of a partnership or any other person associated with a partnership;
(e)a manager or employee of a limited liability partnership, or any other person associated with a limited liability partnership; or
(f)a member, officer or employee of an unincorporated association, or any other person associated with an unincorporated association.
(2)  An OCPO against a partnership must be made in the name of the partnership (and not in that of any of the partners).
(3)  An OCPO made in the name of a partnership continues to have effect despite a change of partners but only if at least one of the persons who was a partner before the change remains a partner after the change.
(4)  Proceedings for an offence under section 26 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
(5)  A fine imposed on a partnership on its conviction for an offence under section 26 is to be paid out of the partnership assets.
(6)  An OCPO made against an unincorporated association must be made in the name of the association (and not in that of any of its members).
(7)  An OCPO made in the name of an unincorporated association continues to have effect despite a change in the membership of the association but only if at least one of the persons who was a member of the association before the change remains a member after the change.
(8)  Proceedings for an offence under section 26 alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
(9)  A fine imposed on an unincorporated association on its conviction for an offence under section 26 is to be paid out of the funds of the association.
(10)  In this section —
“officer of an unincorporated association” means any officer of an unincorporated association or any member of its governing body;
“partnership” does not include a limited liability partnership;
“senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where the business is carried on;
“unincorporated association” means any body of persons unincorporate but does not include a partnership.
Electronic monitoring of individual subject to OCPO
19.—(1)  Subject to subsection (2), an OCPO may in addition include requirements for securing the electronic monitoring (by means of an electronic monitoring device) of the whereabouts of the individual subject to the OCPO during the period when the OCPO is in force against the individual.
(2)  A court must not make an OCPO which includes the requirements mentioned in subsection (1) unless the court is satisfied that electronic monitoring arrangements can be made by a law enforcement officer specified in the OCPO.
(3)  Electronic monitoring arrangements made under this section may include entering into contracts with other persons for the electronic monitoring (by means of an electronic monitoring device) by them of the whereabouts of the individual subject to an OCPO.
Compliance with orders: authorised monitors
20.—(1)  An OCPO against a body corporate, partnership, limited liability partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with —
(a)a specified person; or
(b)any person who falls within a specified description of persons,
to perform specified monitoring services or monitoring services of a specified description.
(2)  A person with whom the law enforcement agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor.
(3)  An OCPO which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 16(4) as if the references in that provision to a law enforcement officer included references to an authorised monitor.
(4)  A law enforcement agency must inform the subject of an OCPO which provides for an authorised monitor of the name of, and an address for, any person with whom the agency has entered into arrangements in accordance with the authorisation in the OCPO.
(5)  Nothing in this section affects the ability of law enforcement agencies to enter into arrangements otherwise than in accordance with an authorisation under this section.
(6)  In this section —
“monitoring services” means —
(a)analysing some or all information received in accordance with an OCPO;
(b)reporting to a law enforcement officer as to whether, on the basis of the information and any other information analysed for this purpose, the subject of the OCPO appears to be complying with the OCPO or any part of it; and
(c)any related services;
“specified”, in relation to an OCPO, means specified in the OCPO.
PART 4
FINANCIAL REPORTING ORDERS
Financial reporting order
21.—(1)  Subject to the provisions of Part 5, the General Division of the High Court may, upon the application of the Public Prosecutor, make a financial reporting order against an individual if, upon giving the individual a reasonable opportunity to be heard —
(a)the court is satisfied, on a balance of probabilities, that the individual has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group; and
(b)the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the individual in any Part 2 offence, or any serious offence associated with an organised criminal group.
[40/2019]
(2)  Subject to the provisions of Part 5, where a court convicts any individual for having committed —
(a)a Part 2 offence; or
(b)a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13,
the court may, upon the application of the Public Prosecutor, and upon giving the individual a reasonable opportunity to be heard at the time of sentencing the individual, make a financial reporting order if the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the individual in any Part 2 offence, or any serious offence associated with an organised criminal group.
(3)  Rules of Court may provide for the manner in which an application under subsection (1) may be made.
(4)  To avoid doubt, any defence that is available to a person who is prosecuted for a Part 2 offence, or serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, is also available to the individual in any proceedings under this section for the same act.
(5)  A reference in subsection (1) to involvement in a serious offence associated with an organised criminal group includes involvement at any time (whether before, on or after 1 June 2016) in a serious offence associated with an organised criminal group.
Duration of FRO
22.—(1)  An FRO —
(a)comes into force when it is made; and
(b)has effect for the period specified in the order, beginning with the date on which it is made.
(2)  If the FRO is made under section 21(1), the period mentioned in subsection (1)(b) must not exceed 5 years.
(3)  If the FRO is made under section 21(2), the period mentioned in subsection (1)(b) must not exceed a period equal to the sentence of imprisonment imposed by the court for the offence mentioned in section 21(2) plus 5 years.
(4)  The fact that an FRO ceases to be in force does not prevent the court which first made the FRO from making a new FRO to the same or similar effect.
(5)  A new FRO may be made in anticipation of an earlier FRO ceasing to be in force.
Effect of financial reporting orders
23.—(1)  A person in relation to whom an FRO has effect must —
(a)make a financial report in respect of —
(i)the period of a specified length beginning with the date on which the order comes into force; and
(ii)subsequent periods of specified lengths, each period beginning immediately after the end of the previous one;
(b)set out in each financial report, in the specified manner, such particulars of the person’s financial affairs relating to the period in question as may be specified;
(c)include any specified documents with each financial report;
(d)make each financial report within the specified number of days after the end of the period in question; and
(e)make each financial report to the specified person.
(2)  In this section, “specified” means specified by the court in the FRO.
PART 5
GENERAL PROVISIONS RELATING TO OCPO AND FRO
Division 1 — Enforcement
Powers of law enforcement officers to retain documents
24.—(1)  A law enforcement officer may —
(a)take and retain copies of, or extracts from, any document produced to a law enforcement officer pursuant to an OCPO or FRO; and
(b)retain any document so produced for as long as he or she considers that it is necessary to retain the document (rather than any copy of it) for the purposes for which the document was obtained.
(2)  A law enforcement officer may retain any document produced to him or her pursuant to an OCPO or FRO until the conclusion of any legal proceedings if he or she has reasonable grounds for believing that the document —
(a)may have to be produced for the purposes of those proceedings; and
(b)might be unavailable unless retained.
Verification and disclosure of OCPO and FRO
25.—(1)  In this section, “the specified person” means —
(a)in relation to an OCPO, the law enforcement officer specified in the OCPO who receives any answer or information from the person who is subject to the OCPO; and
(b)in relation to an FRO, the person to whom reports under the FRO are to be made.
(2)  The specified person may, for the purpose of doing either of the things mentioned in subsection (4) —
(a)in relation to an OCPO, disclose any answer or information to any person who the specified person reasonably believes may be able to contribute to doing either of those things; and
(b)in relation to an FRO, disclose a report to any person who the specified person reasonably believes may be able to contribute to doing either of those things.
(3)  Any other person may disclose information to —
(a)the specified person; or
(b)a person to whom the specified person has disclosed a report,
for the purpose of contributing to doing either of the things mentioned in subsection (4).
(4)  In subsections (2) and (3), the things mentioned are —
(a)checking the accuracy of the answer, information or report, or of any other report made pursuant to the same order; or
(b)discovering the true position.
(5)  The specified person may also disclose any answer, information, or report for the purposes of the prevention, detection, investigation or prosecution of offences in Singapore.
(6)  A disclosure under this section does not breach —
(a)any obligation of confidence owed by the person making the disclosure; or
(b)any other restriction however imposed (other than a restriction imposed under any written law) on the disclosure of information.
(7)  In this section, references to a report include any of its contents, any document included with the report, or any of the contents of such a document.
Division 2 — Failure to comply with OCPO or FRO
Failure to comply with OCPO or FRO
26.—(1)  A person must not, without reasonable excuse, fail to comply with an OCPO or FRO.
(2)  Despite anything in the Criminal Procedure Code 2010, a person is not excused from complying with an OCPO or FRO on the ground that the supply of any information might tend to incriminate the person or make the person liable to a penalty.
(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or
(b)in any other case, to a fine not exceeding $20,000.
(4)  In proceedings for an offence under this section, a copy of the original OCPO or FRO or any variation of it, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.
(5)  A person who, without reasonable excuse, includes false or misleading information pursuant to any requirement to provide information specified or described in an OCPO or FRO shall be guilty of an offence and shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or
(b)in any other case, to a fine not exceeding $20,000.
Division 3 — General safeguards in relation to OCPO or FRO
Any individual must be 16 or older
27.  An OCPO or FRO must not be made against an individual who, at the time the OCPO or FRO is made, is below 16 years of age.
Right of third parties to make representations
28.—(1)  A court must, before making an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the making of the OCPO or FRO if it considers that the making of the OCPO or FRO would be likely to have a significant adverse effect on that person.
(2)  A court must, before varying an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the variation of the OCPO or FRO if it considers that —
(a)the variation of the OCPO or FRO; or
(b)a decision not to vary it,
would be likely to have a significant adverse effect on that person.
(3)  A court must, before discharging an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the discharge of the OCPO or FRO if it considers that —
(a)the discharge of the OCPO or FRO; or
(b)a decision not to discharge it,
would be likely to have a significant adverse effect on that person.
(4)  A court which is considering an appeal in relation to an OCPO or FRO must, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.
(5)  Rules of Court may provide for the manner in which any application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Notice requirements in relation to OCPO or FRO
29.—(1)  The subject of an OCPO or FRO is bound by it, or a variation of it, only if —
(a)he or she is represented (whether in person or otherwise) at the proceedings at which the OCPO or FRO or (as the case may be) the variation is made; or
(b)a notice setting out the terms of the OCPO or FRO or (as the case may be) the variation has been served on him or her.
(2)  The notice to be served on an individual must, as far as is reasonably practicable, be served by delivering it personally to that individual.
(3)  A notice to be served on a body corporate or limited liability partnership must, as far as is reasonably practicable, be served by delivering it to the director, manager or secretary, or other similar officer of the body corporate or limited liability partnership, at its registered office or principal place of business, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership.
(4)  A notice to be served on a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served by delivering it to any one of the partners or the secretary, or other similar officer of the partnership, at its registered office or principal place of business, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership.
(5)  A notice to be served on an unincorporated association must, as far as is reasonably practicable, be served by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association.
(6)  Despite subsections (2) to (5), a notice may be served in any manner if any of the following persons (as the case may be) consents to the mode of service:
(a)the person on whom the notice is to be served;
(b)the director, manager or secretary or other similar officer of a body corporate or limited liability partnership on whom the notice is to be served;
(c)any of the partners or the secretary or other similar officer of a partnership (other than a limited liability partnership) on whom the notice is to be served;
(d)the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the notice is to be served.
(7)  Where a notice is to be served on a person who cannot, by the exercise of due diligence, be found, the notice may be served by leaving a copy of the notice for the person with an adult member of the person’s family or with the person’s employee residing with the person.
(8)  Where a notice is to be served on a person who cannot, by the exercise of due diligence, be found, and the notice cannot be effected in accordance with subsection (7), the serving officer must affix a copy of the notice to a conspicuous part of the place in which the person to be served with the notice ordinarily resides, and in that case, the notice, if the court so directs before or after the affixing, is deemed to have been duly served.
Restrictions relating to other written law, etc.
30.  Except as provided in section 26(2), an OCPO or FRO must not require a person to answer any question, provide any information or produce any document if —
(a)the disclosure concerned is prohibited under any other written law; or
(b)the information or document is an item subject to legal privilege.
Restrictions on use of information obtained
31.  A statement made by a person in response to a requirement imposed by an OCPO or FRO must not be used in evidence against the person in any criminal proceedings unless the statement —
(a)is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act 1893; or
(b)is used in proceedings for an offence under section 26.
Division 4 — Variation and discharge of OCPO or FRO
Variation of OCPO or FRO
32.—(1)  An application for the variation of an OCPO or FRO under this section may be made by the following persons to the court which first made the OCPO or FRO:
(a)the Public Prosecutor;
(b)the person who is the subject of the OCPO or FRO;
(c)any other person.
(2)  A court may, on an application under this section by the Public Prosecutor, vary an OCPO or FRO if it has reasonable grounds to believe that the terms of the OCPO or FRO as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the OCPO or FRO, in a Part 2 offence, or a serious offence associated with an organised criminal group.
(3)  Where an application is made under subsection (1), any term of the OCPO or FRO in relation to which the variation is applied for continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court.
(4)  The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.
(5)  The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that —
(a)the person is adversely affected by the OCPO or FRO significantly;
(b)condition A or B as specified in subsection (6) or (7), respectively, is met; and
(c)the application is not for the purpose of making the OCPO or FRO more onerous on the person who is the subject of it.
(6)  Condition A is that —
(a)the person falling within subsection (1)(c) —
(i)has, on an application under section 28, been given an opportunity to make representations; or
(ii)has made an application otherwise than under that section in relation to the OCPO or FRO; and
(b)there has been a material change of circumstances affecting the OCPO or FRO.
(7)  Condition B is that —
(a)the person falling within subsection (1)(c) has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and
(b)it was reasonable in all the circumstances for the person not to have done so.
(8)  A variation on an application by the Public Prosecutor may include an extension of the period during which the OCPO or FRO, or any provision of it, is in force (subject to the original limits imposed on the OCPO or FRO by sections 17 and 22, respectively).
(9)  Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Discharge of OCPO or FRO
33.—(1)  An application for the discharge of an OCPO or FRO may be made by the following persons to the court which first made the OCPO or FRO:
(a)the Public Prosecutor;
(b)the person who is the subject of the OCPO or FRO;
(c)any other person.
(2)  Where an application is made under subsection (1) in relation to an OCPO or FRO, the OCPO or FRO continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court which first made the OCPO or FRO.
(3)  The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.
(4)  The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that —
(a)the person is adversely affected by the OCPO or FRO significantly; and
(b)condition A or B as specified in subsection (5) or (6), respectively, is met.
(5)  Condition A is that —
(a)the person, in earlier proceedings in relation to the OCPO or FRO —
(i)has, on an application under section 28, been given an opportunity to make representations; or
(ii)has made an application otherwise than under that section in relation to the OCPO or FRO; and
(b)there has been a material change of circumstances affecting the OCPO or FRO.
(6)  Condition B is that —
(a)the person has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and
(b)it was reasonable in all the circumstances for the person not to have done so.
(7)  Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Division 5 — Appeals
Right of appeal from General Division of High Court or State Court
34.—(1)  An appeal may be made to the Court of Appeal or General Division of the High Court in relation to a decision of the General Division of the High Court, or of a District Court or Magistrate’s Court, respectively —
(a)to make, or not to make, an OCPO or FRO;
(b)to include, or not to include, any provision in an OCPO or FRO;
(c)to vary, or not to vary, all or any of the provisions in an OCPO or FRO; or
(d)to discharge, or not to discharge, an OCPO or FRO,
by any of the relevant parties, or any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 28(1), (2) or (3), as the case may be.
[40/2019]
(2)  Where an appeal is made under subsection (1), an OCPO or FRO continues to have effect from the time it is made despite the appeal, and only ceases to have effect if the appeal is allowed by the Court of Appeal or General Division of the High Court, as the case may be.
[40/2019]
(3)  Rules of Court may provide for the manner in which an appeal under subsection (1) may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
(4)  Division 1 of Part 20 to the Criminal Procedure Code 2010 applies to an appeal by the person referred to in subsection (1) in relation to an OCPO or FRO made under section 15(2) or 21(2), respectively.
Division 6 — Supplementary
Acquittal or pardon does not impact on subsequent making of OCPO or FRO
35.—(1)  An application for an OCPO or FRO may be made under section 15(1) or 21(1) even after a person —
(a)is acquitted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or
(b)is convicted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, and the person is subsequently acquitted pursuant to an appeal against the conviction, or is granted a pardon by the President in respect of the conviction.
(2)  An OCPO or FRO made under section 15(2) or 21(2) ceases to have effect if the person subject to the OCPO or FRO —
(a)is subsequently acquitted pursuant to an appeal against the conviction; or
(b)is granted a pardon by the President in respect of the conviction.
Transfer of case to trial court to make OCPO or FRO upon conviction on appeal
36.—(1)  Where —
(a)a person (A) is acquitted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13;
(b)upon an appeal against the acquittal, A is subsequently convicted by an appellate court; and
(c)the Public Prosecutor informs the appellate court that the Public Prosecutor intends to make an application for an OCPO or FRO against A,
the appellate court which convicted A may order the case to be transferred to the trial court for the application to be made.
(2)  Where any case is transferred to the trial court under subsection (1), any application for an OCPO or FRO to the trial court in relation to A is deemed to be an application made under section 15(2) or 21(2), respectively.
Evidence obtained in investigations may be used in proceedings for OCPO or FRO
37.  To avoid doubt, any book, document, statement or other information obtained in the exercise of any power under this Act or any other written law is not inadmissible in any proceedings relating to an OCPO or FRO by reason only that it was first obtained in the exercise of that power; and the admissibility of such matter is to be determined in accordance with the rules of evidence under any written law and any relevant rules of law.
Disclosure of information in accordance with orders
38.  A person who complies with a requirement imposed by an OCPO or FRO to answer questions, provide information or produce documents, does not breach —
(a)any obligation of confidence; or
(b)any other restriction however imposed (other than a restriction imposed under any written law) on making the disclosure concerned.
PART 6
DISQUALIFICATION ORDERS
Disqualification to act as director on conviction of certain offences
39.—(1)  Without affecting section 154 of the Companies Act 1967, where a person —
(a)is convicted of any Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or
(b)contravenes an OCPO or FRO, which was made upon the conviction for any offence,
the court may, upon an application by the Public Prosecutor, make a disqualification order in addition to any other sentence imposed.
(2)  A person who has a disqualification order made against him or her under subsection (1) must not act as a director of a company or of a foreign company to which Division 2 of Part 11 of the Companies Act 1967 applies, and the person must not take part, whether directly or indirectly, in the management of such a company or foreign company.
(3)  Where a person disqualified under this section is sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years after the person’s release from prison.
(4)  Where a person disqualified under this section is not sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years, or for a shorter period that the court may specify in the disqualification order.
(5)  A person who acts in contravention of a disqualification order made 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.
(6)  A person disqualified under this section may, upon giving the Minister charged with the responsibility for the administration of Part 5 of the Companies Act 1967 not less than 14 days’ notice, apply for permission —
(a)to act as a director of a company or of a foreign company to which Division 2 of Part 11 of the Companies Act 1967 applies; or
(b)to take part, whether directly or indirectly, in the management of such a company or foreign company.
[Act 25 of 2021 wef 01/04/2022]
(7)  Upon the hearing of any application made under subsection (6), the Minister may be represented at the hearing and may oppose the granting of the application.
PART 7
POWERS TO INVESTIGATE AND TO OBTAIN
INFORMATION FROM COMPTROLLER OF INCOME TAX
AND COMPTROLLER OF GOODS AND SERVICES TAX
Powers of law enforcement officers
40.—(1)  A law enforcement officer may investigate any offence under this Act which is disclosed in the course of investigating into any other offence under any other written law which charges the law enforcement officer with the duty of investigating that other offence.
(2)  A law enforcement officer may also investigate any offence under section 26, 39 or 73(12), or any offence under section 39 or 40(6) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 as applied by section 72.
(3)  If —
(a)a law enforcement officer conducts an investigation into any offence under this Act pursuant to subsection (1); and
(b)in the course of the investigation, no offence is disclosed under the other written law charging the law enforcement officer with the duty of investigating offences under the other written law,
the law enforcement officer may continue to conduct the investigation into the offence under paragraph (a).
(4)  In investigating any offence (A) under this Act pursuant to subsection (1), (2) or (3), a law enforcement officer may exercise any power of investigation of an offence (B) under any provision of any other written law which charges the law enforcement officer with the duty of investigating offence (B), as if a reference in that provision to offence (B) were a reference to offence (A).
(5)  Any evidence obtained by a law enforcement officer during an investigation under this section may, subject to any written law relating to the admissibility of evidence, be admitted in any civil or criminal proceedings under this Act.
(6)  To avoid doubt, nothing in this section affects the power of investigation of a police officer under the Criminal Procedure Code 2010.
Power to obtain information from Comptroller of Income Tax and Comptroller of Goods and Services Tax
41.—(1)  In the course of any investigation or proceedings into or relating to an offence punishable under this Act, the Public Prosecutor may, despite anything in any other written law to the contrary, by written notice require the Comptroller —
(a)to furnish, as specified in the notice, all information available to the Comptroller relating to the affairs of that person or of the person’s parents, siblings, spouse, son or daughter; and
(b)to produce or furnish, as specified in the notice, any document or a certified copy of any document relating to that person or the person’s parents, siblings, spouse, son or daughter which is in the possession or under the control of the Comptroller.
(2)  The Comptroller to whom a notice is sent by the Public Prosecutor under subsection (1) is, despite the provisions of any written law or any oath of secrecy to the contrary, legally bound to comply with the terms of that notice within the time specified in the notice.
(3)  In this section, “Comptroller” means —
(a)the Comptroller of Income Tax, or any Deputy Comptroller or Assistant Comptroller of Income Tax appointed under section 3(1) of the Income Tax Act 1947; or
(b)the Comptroller of Goods and Services Tax, or any Deputy Comptroller or Assistant Comptroller of Goods and Services Tax appointed under section 4(1) of the Goods and Services Tax Act 1993.
[Act 5 of 2025 wef 09/03/2025]
PART 8
DISCLOSURE AND TIPPING-OFF
Non-disclosure of information and identity of informer
42.—(1)  Except as provided in subsection (3) —
(a)no information provided by an informer for an offence punishable under this Act is to be admitted in evidence in any civil or criminal proceedings; and
(b)no witness in any civil or criminal proceedings is obliged —
(i)to disclose the name and address of any informer who has given information with respect to an offence punishable under this Act; or
(ii)to answer any question if the answer to that question would lead, or would tend to lead, to the discovery of the name or address of the informer.
(2)  If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the informer’s discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.
(3)  If —
(a)in any proceedings before a court for an offence punishable under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or
(b)in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer,
the court may permit inquiry and require full disclosure concerning the informer.
Disclosure of information by informer
43.  A person who provides information to a law enforcement officer for an offence punishable under this Act does not breach —
(a)any obligation of confidence; or
(b)any other restriction however imposed (other than a restriction imposed under any written law) on the provision of information.
Tipping-off
44.—(1)  Any person —
(a)who knows or has reasonable grounds to suspect that a law enforcement officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act; and
(b)who discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both.
(2)  Nothing in subsection (1) makes it an offence for an advocate and solicitor or his or her employee to disclose any information or other matter —
(a)to, or to a representative of, a client of his or hers in connection with the giving of advice to the client in the course of and for the purpose of the professional employment of the advocate and solicitor; or
(b)to any person —
(i)in contemplation of, or in connection with, legal proceedings concerning the client; and
(ii)for the purpose of those proceedings.
(3)  Nothing in subsection (1) makes it an offence for a legal counsel in an entity or a person acting under his or her supervision to disclose any information or other matter —
(a)to the entity in connection with the giving of advice to the entity, or any officer or employee of the entity, in the course of and for the purpose of his or her employment as such legal counsel; or
(b)to any person —
(i)in contemplation of, or in connection with, legal proceedings concerning the employer; and
(ii)for the purpose of those proceedings.
(4)  Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, subsection (3) applies in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations.
(5)  Where a legal counsel is employed by a public agency and is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (3) applies in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second‑mentioned public agency or agencies.
(6)  Subsections (2) and (3) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.
(7)  In proceedings against a person for an offence under subsection (1), it is a defence to prove that the person did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way described in subsection (1).
(8)  A person is not guilty of an offence under this section in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or other penal legislation.
(9)  In this section —
“investigation” includes an application for an examination order under section 73, or an application under section 36, 37, 40 or 49 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 as applied by section 72;
“legal counsel” has the meaning given by section 3(7) of the Evidence Act 1893;
“public agency” has the meaning given by section 128A(6) of the Evidence Act 1893.
PART 9
CONFISCATION OF BENEFITS
FROM ORGANISED CRIME ACTIVITIES
Division 1 — Preliminary
Purpose of Part
45.—(1)  The purpose of this Part is to establish a regime for the confiscation of benefits from organised crime activities.
(2)  The regime so established proposes to —
(a)eliminate the chance for persons to profit from carrying out organised crime activity; and
(b)remove any incentive for persons to carry out organised crime activity, and reduce their ability to do so.
Interpretation of Part
46.—(1)  In this Part, unless the context otherwise requires —
“CDSA” means the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;
“charging order” means an order made under section 58(1);
“confiscation order” means an order made under section 61(2);
“Court” means the General Division of the High Court;
“gift caught by this Part” has the meaning given by section 47;
“interest”, in relation to property, includes any right;
“organised crime activity” has the meaning given by section 48;
“realisable property” means —
(a)any property held by the subject; and
(b)any property held by a person to whom the subject has, directly or indirectly, made a gift caught by this Part;
“realisation power” means any power under section 22 of the CDSA as applied by section 70;
“restraint order” means an order made under section 57(1);
“statutory period”, in relation to a confiscation order or an application for a confiscation order, means —
(a)if the application for the confiscation order is preceded by a restraint order or charging order (or both) concerning the same subject and organised crime activity, the period of 7 years before the date of application for the restraint order or charging order or, if more than one of those orders were made, the earlier or earliest application for either of those orders; or
(b)if the application for the confiscation order is not preceded by a restraint order or charging order concerning the same subject and organised crime activity, the period of 7 years before the date of application for the confiscation order;
“statutory period”, in relation to an application for a restraint order or charging order, means the period of 7 years before the date of application for the order or, if one or more such orders concerning the same subject and organised crime activity were made previously, the earlier or earliest application for either of those orders;
“subject”  —
(a)in relation to a restraint order, a charging order, an order under section 22 of the CDSA as applied by section 70, an order under section 36, 37, 40 or 49 of the CDSA as applied by section 72, or an application for any of those orders, means the person identified in the application as the one who has carried out organised crime activity;
(b)in relation to an application for a confiscation order, means the person against whom the order is sought; or
(c)in relation to a confiscation order that has been made, means the person against whom the order is made.
[40/2019]
(2)  In this Part —
(a)property is held by a person if the person holds any interest in it;
(b)a reference to property held by a person includes a reference to property vested in the person’s trustee in bankruptcy or liquidator;
(c)property is transferred by one person to another if the first person transfers or grants to the other any interest in the property; and
(d)a reference to an interest held by a person beneficially in property includes a reference to an interest which would be held by the person beneficially if the property were not so vested in the person’s trustee in bankruptcy or liquidator.
Meaning of “gift caught by this Part”
47.—(1)  In this Part, a gift is caught by this Part if it was made by the subject at any time (including before 1 June 2016) —
(a)in the case of a restraint order or charging order, in the period of 6 years before the date of application for the order or, if one or more such orders were made previously concerning the same subject and organised crime activity, the earlier or earliest application for either of those orders; or
(b)in the case of a confiscation order —
(i)if the application for the confiscation order is preceded by a restraint order or charging order (or both) concerning the same subject and organised crime activity, in the period of 6 years before the date of application for the restraint order or charging order or, if more than one of those orders were made, the earlier or earliest application for either of those orders; or
(ii)if the application for the confiscation order is not preceded by a restraint order or charging order concerning the same subject and organised crime activity, in the period of 6 years before the date of application for the confiscation order.
(2)  In this Part, a gift is also caught by this Part if it was made by the subject at any time (including before 1 June 2016) and which is or is part of the benefits derived by the subject from the organised crime activity.
(3)  In this Part, the circumstances in which the subject is to be treated as making a gift include circumstances where the subject transfers property to another person directly or indirectly, for a consideration the value of which is significantly less than the value of the consideration provided by the subject.
Meaning and proof of “organised crime activity”
48.—(1)  In this Part, “organised crime activity” means any activity —
(a)carried out by a person in Singapore that amounts to a serious offence and —
(i)is carried out at the direction of a group which the person knows or has reasonable grounds to believe is an organised criminal group; or
(ii)is carried out in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is an organised criminal group;
(b)carried out by a person outside Singapore that amounts to a serious offence and —
(i)is carried out at the direction of a group which the person knows or has reasonable grounds to believe is a locally‑linked organised criminal group; or
(ii)is carried out in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is a locally‑linked organised criminal group; or
(c)carried out by a person that amounts to a Part 2 offence.
(2)  A person carries out an activity mentioned in subsection (1) whether or not —
(a)the person is charged with or convicted of an offence in connection with the activity;
(b)the person is acquitted of an offence in connection with the activity, including on appeal; or
(c)the President grants a pardon in respect of the person’s conviction.
(3)  A reference in subsection (1)(a) or (b) to a serious offence includes an abetment of, or a conspiracy or an attempt to commit, the serious offence.
(4)  To avoid doubt, any defence that is available to a person who is prosecuted for an offence constituting the organised crime activity is also available to the subject in any proceedings under this Part for the same organised crime activity.
Application of Part
49.—(1)  This Part applies in respect of organised crime activity which —
(a)if it is one that amounts to an offence mentioned in section 48(1)(a) or (b), is carried out before, on or after 1 June 2016; or
(b)if it is one that amounts to an offence mentioned in section 48(1)(c), is carried out on or after 1 June 2016.
(2)  This Part applies to any property, whether situated in Singapore or elsewhere.
Nature of proceedings
50.  Proceedings under this Part (other than offences under provisions of the CDSA incorporated by section 72) are civil proceedings.
No criminal proceedings required for confiscation order, etc.
51.  The organised crime activity on which a confiscation order, restraint order or charging order is based does not need to be, or to have been, the subject of any criminal proceedings.
Confiscation order must not impact on sentence
52.  A court sentencing a person for an offence mentioned in section 48(1) must not take into account any confiscation order, or any application or proposed application for a confiscation order, in determining the appropriate sentence or other manner of dealing with the person for the offence.
Acquittal, etc., does not impact on confiscation
53.—(1)  Subsection (2) applies if criminal proceedings are instituted or pending or have been discontinued or determined in respect of any organised crime activity that is the basis for —
(a)a restraint, charging or confiscation order; or
(b)an application for such an order.
(2)  If this subsection applies, the order or application is not affected by the criminal proceedings, even if —
(a)the subject is acquitted, or is acquitted on appeal; or
(b)the President grants a pardon in respect of the subject’s conviction.
Evidence obtained in investigations may be used in proceedings under this Part
54.  To avoid doubt, any book, document, statement or other information obtained in the exercise of any power under this Act or any other written law is not inadmissible in any proceedings under this Part by reason only that it was first obtained in the exercise of that power; and the admissibility of such matter is to be determined in accordance with the rules of evidence under any written law and any relevant rules of law.
Confiscation order not affected by CDSA confiscation order
55.  A confiscation order is not affected by an application for or the making of a confiscation order under the CDSA in relation to the same subject and organised crime activity.
Division 2 — Restraint orders and charging orders
Application for restraint or charging order
56.  A restraint order or charging order —
(a)may be made only on an application by the Public Prosecutor;
(b)must be made to the Court and may be made on an application without notice to a Judge in chambers; and
[Act 25 of 2021 wef 01/04/2022]
(c)must provide for notice to be given to persons affected by the order.
Restraint orders
57.—(1)  The Court, when hearing an application for a restraint order, may, if it has reasonable grounds to believe that the subject has carried out organised crime activity within the statutory period, make an order that realisable property is not to be disposed of, or dealt with, other than as provided for in the restraint order.
(2)  A restraint order may be subject to such conditions and exceptions as the Court may specify in the order.
(3)  The Court may vary a restraint order in relation to any property.
(4)  In this section, dealing with property held by any person includes —
(a)where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and
(b)removing the property from Singapore.
Charging orders
58.—(1)  The Court, when hearing an application for a charging order, may, if it has reasonable grounds to believe that the subject has carried out organised crime activity within the statutory period, make a charging order on realisable property for securing the payment to the Government —
(a)where a confiscation order has not been made, of an amount equal to the value from time to time of the property charged; or
(b)in any other case, of an amount not exceeding the amount payable under the confiscation order.
(2)  A charging order is an order imposing on any property specified in the order a charge for securing the payment of money to the Government.
(3)  A charging order may be subject to such conditions and exceptions as the Court may specify in the order.
(4)  The Court may vary a charging order.
Duration of orders
59.—(1)  A restraint or charging order expires on the earlier of the following:
(a)the date that is the end of the period of 3 months after the date on which the order is made;
(b)the date of the satisfaction of, or the refusal by the Court to make, a confiscation order concerning the same subject and organised crime activity.
(2)  Despite subsection (1) —
(a)if the Court refuses to make a confiscation order, but the Public Prosecutor indicates that the Public Prosecutor will appeal against that decision, a restraint or charging order expires on the date specified in subsection (4);
(b)if a restraint or charging order is made on an application without notice, it has effect until a day fixed for the hearing inter partes of the application, unless the Court otherwise directs; and
[Act 25 of 2021 wef 01/04/2022]
(c)subject to paragraph (a), if the duration of a restraint or charging order is extended by the Court, the restraint or charging order expires on the date specified by the Court under section 60.
(3)  On the expiry of a restraint or charging order, any further order associated with that restraint or charging order also expires.
(4)  If subsection (2)(a) applies, a restraint or charging order that is in force when the Court refuses to make a confiscation order does not expire until —
(a)the last day of the prescribed period from the date of that decision, if a notice of appeal has not been lodged on or before that day; or
(b)if a notice of appeal has been lodged on or before the last day mentioned in paragraph (a), the day that appeal is withdrawn or dismissed or (if the appeal is allowed) such later day as the court hearing the appeal determines.
(5)  Despite any provision of this section, the Court —
(a)may make an order discharging a restraint or charging order in relation to any property; and
(b)must make an order discharging a charging order if the amount, payment of which is secured by the charge, is paid into Court.
Extending duration of order
60.—(1)  If the Court has made a restraint or charging order, the Public Prosecutor may, before the order expires, apply to the Court to extend its duration.
(2)  The Public Prosecutor must serve a copy of the application on any person who, to the knowledge of the Public Prosecutor, will be affected by the order.
(3)  The Court may, on such application, order that the operation of the restraint or charging order be extended for a period not exceeding 3 months.
(4)  On making an order of extension, the Court may vary the restraint or charging order in any way it considers fit, including, without limitation, by specifying whether all or part of the property in question is to remain subject to the restraint or charging order during the extended period of operation.
(5)  The duration of a restraint or charging order may be extended more than once under this section.
(6)  If, before a restraint or charging order would otherwise expire under section 59(1), an application is made to the Court under this section and the application is granted, the restraint or charging order expires on the date specified in the Court’s order.
Division 3 — Confiscation orders
Application for confiscation order
61.—(1)  The Public Prosecutor may apply to the Court for a confiscation order.
(2)  The Court is to make a confiscation order against a subject if it is satisfied on a balance of probabilities that —
(a)the subject has carried out organised crime activity within the statutory period; and
(b)the subject has derived benefits from the organised crime activity.
(3)  For the purposes of subsection (2), if it is proved on a balance of probabilities that the subject holds or has at any time (whether before, on or after 1 June 2016) held any property or any interest in the property (including income accruing from the property or interest) disproportionate to the subject’s known sources of income, the holding of which cannot be explained to the satisfaction of the Court, then the subject is, until the contrary is proved on a balance of probabilities, presumed to have derived benefits from the organised crime activity.
(4)  For the purposes of subsection (3), any expenditure by the subject (whether incurred before, on or after 1 June 2016) is, until the contrary is proved, presumed to have been met out of the subject’s benefits from the organised crime activity.
Amount to be recovered under confiscation order
62.—(1)  The amount to be recovered from the subject under the confiscation order is the amount the Court assesses to be the value of the benefits the subject derived from the organised crime activity carried out within the statutory period.
(2)  For the purposes of this section —
(a)the benefits derived by the subject from the organised crime activity are any property or any interest in property (including income accruing from the property or interest) held by the subject at any time, whether before, on or after 1 June 2016, being property or interest that is disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court; and
(b)the value of the benefits derived by the subject from the organised crime activity is the sum of the values of the properties and interests mentioned in paragraph (a).
(3)  In determining the value of benefits under subsection (2)(b), the Court must leave out of account the value of any benefits of organised crime activity that are shown to the Court to have been taken into account in determining the amount to be recovered under any confiscation order previously made against the subject under this Act or the CDSA.
(4)  The amount in the confiscation order is recoverable from the subject by the Attorney-General in any civil court of competent jurisdiction as though it were a judgment debt due to the Government.
Confiscation order if subject has absconded or died
63.—(1)  The Court may make a confiscation order even if the subject has absconded or died.
(2)  In subsection (1), a subject has absconded if the subject is outside jurisdiction, or is unable to be found in the period of 6 months before the date of the application for the confiscation order despite all reasonable efforts having been made to find the subject.
Settlement
64.—(1)  The Public Prosecutor may enter into a settlement with any person as to any property or any sum of money to be confiscated under this Part.
(2)  A settlement does not bind the parties unless the Court approves it.
(3)  The Court may approve the settlement if it is satisfied that the settlement is consistent with —
(a)the purposes of this Part; and
(b)the overall interests of justice.
Division 4 — General provisions for proceedings
under Divisions 2 and 3
Effect of death on proceedings
65.—(1)  Where the power conferred by this Part to make a confiscation order is to be exercised in relation to a deceased subject, the order is to be made against the estate of the deceased subject.
(2)  Sections 61(3) and (4) and 62(2) and (3) do not apply to any deceased subject.
(3)  The following provisions apply in determining whether a deceased subject had derived benefits from organised crime activity carried out by the subject within the statutory period and in determining those benefits and the value of those benefits:
(a)a deceased subject is, until the contrary is proved on a balance of probabilities, presumed to have derived benefits from the organised crime activity if the subject had, at any time (whether before, on or after 1 June 2016) since the beginning of the period of 6 years ending on the date of the subject’s death, held any property or interest in property disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court;
(b)the benefits derived by a deceased subject from the organised crime activity are any property or interest in property held by the subject during the period mentioned in paragraph (a), being property or interest disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court;
(c)the value of the benefits derived by a deceased subject from the organised crime activity is the sum of the values of those properties and interests less the value of any benefits of organised crime activity that are shown to the Court to have been taken into account in determining the amount to be recovered under any confiscation order previously made against the deceased subject under this Act or the CDSA.
(4)  In this section, a reference to property or interest in property includes a reference to income accruing from the property or interest.
Exclusion of subject’s property for undue hardship
66.—(1)  On application by a subject within the prescribed time after a confiscation order has been made, the Court may exclude any property held by the subject from the exercise of any realisation power, if the Court is satisfied that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the subject if the power is exercised in relation to that property.
(2)  The circumstances to which the Court may have regard under subsection (1) include, without limitation —
(a)the use that is ordinarily made, or was intended to be made, of the property;
(b)the nature and extent of the subject’s interest in the property; and
(c)the circumstances of the organised crime activity concerned.
(3)  Nothing in this section prevents the exercise of any realisation power over property excluded under subsection (1) if —
(a)after the exercise of the realisation powers on other property, there is still a debt due to the Government under section 62(4); and
(b)the subject agrees to the exercise of those powers over the property excluded under subsection (1) in order to pay all or part of that debt.
Relief for third party
67.—(1)  On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court may grant such relief in relation to the exercise of any realisation power on any property held by that person as the Court considers appropriate if the Court is satisfied that, having regard to all the circumstances, undue hardship is reasonably likely to be caused to the person if the realisation power is exercised in relation to that property.
(2)  The circumstances to which the Court may have regard under subsection (1) include, without limitation —
(a)the use that is ordinarily made, or was intended to be made, of the property;
(b)the nature and extent of the person’s interest in the property;
(c)the degree (if any) to which the person had knowledge of the organised crime activity concerned; and
(d)the circumstances of the organised crime activity concerned.
(3)  On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court must grant such relief in relation to the exercise of any realisation power on property held by that person as the Court considers appropriate, if the Court is satisfied that —
(a)the person was not in any way involved in the organised crime activity concerned;
(b)the person had acquired the interest without knowing, and in circumstances that would not have aroused a reasonable suspicion, that the subject was involved in organised crime activity or the property was the benefits of such activity (if applicable); and
(c)the person had acquired the interest for sufficient consideration.
(4)  The Court is to exercise its power under subsection (3) with a view to allowing the person to retain or recover the value of any property held by the person.
(5)  Regulations may be made under this Act for defining the value of property for the purposes of subsection (4).
Compensation
68.—(1)  If —
(a)no proceedings under Division 3 are instituted against the subject or such proceedings are withdrawn;
(b)such proceedings are instituted but the Court refuses to make a confiscation order against the subject; or
(c)the confiscation order against the subject is revoked on appeal,
the Court may, on application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the Court considers it appropriate to make the order.
(2)  The Court must not order compensation under subsection (1) unless it is satisfied that —
(a)there has been some serious default on the part of the Public Prosecutor, any person carrying out the duties of the Public Prosecutor under this Part, or a law enforcement officer; and
(b)the applicant has suffered loss as a result of anything done in relation to the property by, or as a result of a restraint or charging order, or the provisions of sections 19, 20 and 22 of the CDSA as applied by section 70.
(3)  The amount of compensation that may be ordered is the amount that the Court thinks just, having regard to the loss suffered and any other relevant circumstances.
Rules of Court
69.  Rules of Court may provide for the manner in which proceedings under this Part may be commenced or carried on.
Application of CDSA provisions
70.—(1)  The following provisions of the CDSA apply in relation to a restraint order, a charging order, a confiscation order, and an application for any of these orders, as well as for the purpose of enabling the satisfaction of a confiscation order, as they apply in relation to a restraint order, a charging order and a confiscation order under the CDSA and an application for any of those orders, and for the purpose of enabling the satisfaction of a confiscation order under the CDSA, subject to the modifications in subsection (3):
Sections 13(2) to (6)(a), 14, 15(1) to (6) and (9)(b), 18(3), 19(2), (3), (6), (8) and (9), 20(4) to (7), 21, 22(3) to (9), 23, 24, 25 (other than subsection (4)(b)), 26, 27 and 28.
(2)  The provisions of this Part are, accordingly, to be read subject to the provisions of the CDSA mentioned in subsection (1), as modified by subsection (3).
(3)  The modifications to the provisions of the CDSA mentioned in subsections (1) and (2) are —
(a)a reference in those provisions to the defendant is a reference to the subject;
(b)a reference to the court in those provisions (other than section 15(5) of the CDSA) is a reference to the Court;
(c)a reference in those provisions to realisable property under the CDSA is a reference to realisable property as defined in section 46(1);
(d)a reference in those provisions to a gift caught by the CDSA is a reference to a gift caught by this Part;
(e)a reference in those provisions to the benefits derived by the defendant from drug dealing or from criminal conduct is a reference to the benefits derived by the subject from organised crime activity;
(f)a reference in section 15(9)(b) of the CDSA to the circumstances under section 15(9)(a) of the CDSA is a reference to the circumstances under section 47(3);
(g)a reference in those provisions to a receiver appointed under section 19 or 22 of the CDSA is a reference to a receiver appointed under that provision of the CDSA as applied by this section;
(h)a reference in section 21(4) of the CDSA to section 20(8) of the CDSA is a reference to section 59(5);
(i)an application to the Court to exercise the powers conferred by section 22(3) to (7) of the CDSA may be made, and those powers may be exercised, after the confiscation order is made and either in the same proceedings or in separate proceedings, except that an order under any of those provisions of the CDSA may only take effect, and any power conferred on the Public Trustee or a receiver by such an order may only be exercised —
(i)after any pending appeal against the confiscation order has been dealt with and the order is not revoked, or the period for bringing an appeal has lapsed; and
(ii)if the confiscation order has not been fully satisfied within the period specified in the order;
(j)except as otherwise stated in this section or prescribed in paragraph (k), a reference in those provisions to a provision of the CDSA is a reference to that provision of the CDSA as applied by this section; and
(k)any other modifications that may be prescribed for the purposes of this section.
Right of appeal
71.—(1)  An appeal may be made to the Court of Appeal in relation to any decision of the Court under this Part.
(2)  Rules of Court may provide for the manner in which an appeal under subsection (1) may be made.
Division 5 — Information-gathering powers
Application of information-gathering powers in CDSA
72.—(1)  Sections 36 to 41, 49 (other than subsections (2), (3), (11)(b) and (12)) and 77 (other than subsection (2)) of the CDSA also apply for the purpose of any proceeding or proposed proceeding under this Part, as they apply for the purpose of an investigation into drug dealing or criminal conduct, or (as the case may be) a drug dealing offence or serious offence, under the CDSA, subject to the modifications in subsection (2).
(2)  The modifications to those provisions of the CDSA are —
(a)a reference in those provisions to an authorised officer is a reference to such law enforcement officer, or an officer within such class of law enforcement officers, as may be prescribed;
(b)a reference in those provisions to grounds for suspecting that a specified person has carried on or has benefited from drug dealing or from criminal conduct is a reference to grounds for suspecting that the subject has carried out organised crime activity;
(c)a reference in those provisions to a restraint order, charging order or confiscation order under the CDSA is a reference to a restraint order, charging order or confiscation order under this Part;
(d)a reference in those provisions of the CDSA to a specified person or defendant is a reference to the subject;
(e)an order under section 49 of the CDSA may be made by the Court only if it has reasonable grounds to believe that the subject has carried out organised crime activity; and
(f)any other modifications that may be prescribed for the purposes of this section.
PART 10
MISCELLANEOUS
Examination orders
73.—(1)  A law enforcement officer may, for the purpose of any proceeding or proposed proceeding under Part 3, 4, 5 or 9, apply to the General Division of the High Court for an order under subsection (2) in relation to particular information, or information of a particular description.
[40/2019]
(2)  The General Division of the High Court may, if on such an application it is satisfied that all of the conditions in subsection (3) are fulfilled, make an order that a person who appears to the General Division of the High Court to be in possession of the information to which the application relates must do one or more of the following by the time specified in the order:
(a)attend before an authorised officer;
(b)answer questions with respect to any matter that the authorised officer has reason to believe may be relevant to the proceeding or proposed proceeding;
(c)supply any information specified in the order or produce for inspection any document specified in the order.
[40/2019]
(3)  The conditions mentioned in subsection (2) are that —
(a)there are reasonable grounds for suspecting that —
(i)in relation to a proceeding or proposed proceeding under Part 3, 4 or 5 — a person has been involved in any Part 2 offence (as defined under section 14(5)) or any serious offence associated with an organised criminal group (as defined under section 14(2)); or
(ii)in relation to a proceeding or proposed proceeding under Part 9 — a person has carried out organised crime activity (as defined under section 48);
(b)there are reasonable grounds for suspecting that a specified person is able to do one or both of the following:
(i)answer any question on any matter that is likely to be of substantial value (whether by itself or together with other material) to the proceeding or proposed proceeding;
(ii)supply any information with respect to any matter that is likely to be of substantial value (whether by itself or together with other material) to the proceeding or proposed proceeding; and
(c)there are reasonable grounds for believing that it is in the public interest that the question is answered or the information is supplied (as the case may be), having regard to —
(i)the benefit likely to accrue to the proceeding or proposed proceeding if the information is supplied; and
(ii)the circumstances under which the person learns of the information.
(4)  In an application for an order under this section, any defence that is available to a person who is prosecuted for an offence relating to the involvement mentioned in subsection (3)(a)(i), or an offence constituting the organised crime activity in subsection (3)(a)(ii) (as the case may be), is also available to a person against whom the order is sought.
(5)  A person required to attend before an authorised officer under subsection (2) must be given a reasonable opportunity to arrange for an advocate and solicitor to accompany the person.
(6)  If any document is produced pursuant to an order under this section, an authorised officer may do any one or more of the following:
(a)retain the original document produced for as long as is necessary for the purposes of the proceeding or proposed proceeding;
(b)take copies of the document, or of extracts from the document;
(c)require the person producing the document to provide an explanation of the history, subject matter, and contents of the document and to answer any other questions that arise from that explanation and that the authorised officer has reason to believe may be relevant to the proceeding or proposed proceeding;
(d)if necessary, require the person producing the document to reproduce, or assist an authorised officer to reproduce, in a usable form, any information recorded or stored in the document.
(7)  An order under subsection (2) or a requirement under subsection (6) —
(a)does not confer any right to require a person to supply items subject to legal privilege; but
(b)has effect despite any obligation as to secrecy or other restriction upon the disclosure of information imposed by written law or otherwise.
(8)  A person is not excused from complying with an order under subsection (2) or a requirement under subsection (6) on the ground that —
(a)the supply of any information might tend to incriminate the person or make the person liable to a penalty; or
(b)the supply of any information would be in breach of an obligation (whether imposed by written law or otherwise) of the person not to disclose the existence or contents of the material.
(9)  Where a person complies with an order under subsection (2) or a requirement under subsection (6), any information so supplied is not admissible against the person in any criminal proceedings except a proceeding for an offence under subsection (12).
(10)  A person who complies with an order under subsection (2) or a requirement under subsection (6) is not to be treated as being in breach of any restriction upon the disclosure of information imposed by written law or otherwise.
(11)  No action lies against a person who in good faith supplies information in compliance with an order under subsection (2) or a requirement under subsection (6).
(12)  A person shall be guilty of an offence if the person —
(a)contravenes or fails to comply with an order under subsection (2) or a requirement under subsection (6) without reasonable excuse; or
(b)in purported compliance with the order or requirement, supplies information known to the person to be false or misleading in a material particular.
(13)  A person guilty of an offence under subsection (12) 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.
(14)  An authorised officer may exercise the powers conferred on him or her by this section despite any provision in any other written law relating to the supply of information or information of a particular description.
(15)  An appeal lies from any order made under subsection (2), or the refusal to make such an order, by the General Division of the High Court to the Court of Appeal.
[40/2019]
(16)  Rules of Court may provide for —
(a)the manner in which an appeal under subsection (15) may be made;
(b)the discharge and variation of orders under this section; and
(c)proceedings relating to such orders.
(17)  In this Part, “authorised officer” means such law enforcement officer, or class of law enforcement officers, as may be prescribed.
Duty to give information of certain matters
74.—(1)  Every person who is aware of any information relating to —
(a)the commission of;
(b)an arrangement facilitating the commission of; or
(c)the intention of any other person to commit or facilitate,
any offence punishable under this Act, must, in the absence of reasonable excuse (the burden of proving which lies upon the person so aware), immediately give the information to any law enforcement officer of the commission, arrangement or intention.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —
(a)in the case of a natural person, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)in any other case, to a fine not exceeding $10,000.
(3)  For the purposes of subsection (1), it is a reasonable excuse for a person not to comply with that subsection if the person has already given the information mentioned in that subsection to a law enforcement officer pursuant to any other written law.
Offences arrestable
75.  Every offence under this Act is arrestable for the purposes of the Criminal Procedure Code 2010.
Offences by bodies corporate, etc.
76.—(1)  Where an offence under this Act committed by a body corporate is proved —
(a)to have been committed with the consent or connivance of an officer of the body corporate; or
(b)to be attributable to any neglect on his or her part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2)  Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
(3)  Where an offence under this Act committed by a partnership is proved —
(a)to have been committed with the consent or connivance of a partner; or
(b)to be attributable to any neglect on his or her part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4)  Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5)  In this section —
“body corporate” includes a limited liability partnership within the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;
“officer”  —
(a)in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6)  The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to a body corporate or an unincorporated association formed or recognised under the law of a territory outside Singapore.
Consent of Public Prosecutor
77.  No prosecution in respect of any offence under this Act may be instituted except by or with the consent of the Public Prosecutor.
Jurisdiction of courts
78.  Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence punishable under this Act, other than an offence punishable with death or imprisonment for life, and has power to impose the full penalty or punishment in respect of the offence.
Composition of offences
79.—(1)  The Minister or a public officer authorised by the Minister in writing may compound any offence under this Act that is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:
(a)one half of the amount of the maximum fine that is prescribed for the offence;
(b)$5,000.
(2)  On payment of the sum of money, no further criminal proceedings are to be taken against that person in respect of the offence.
(3)  All sums collected under this section must be paid into the Consolidated Fund.
Amendment of Schedule
80.—(1)  The Minister may, by order in the Gazette, amend the Schedule.
(2)  The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.
Regulations
81.—(1)  The Minister may make regulations for anything that is required, permitted or necessary for carrying out the purposes and provisions of this Act.
(2)  Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:
(a)the electronic monitoring of an individual subject to an OCPO;
(b)the application of any provision of the Criminal Procedure Code 2010, with such exceptions, modifications and adaptations as are necessary in relation to an application under section 15, 21, 28, 32 or 33, or in relation to an appeal under section 34;
(c)the prescribing of anything that is required or permitted to be prescribed under this Act.
(3)  Regulations made under subsection (1) may —
(a)provide that a contravention of any specified provision of those regulations is an offence; and
(b)provide for penalties not exceeding a fine of $10,000 or imprisonment for a term not exceeding 2 years or both, for each offence.
Orders and regulations to be presented to Parliament
82.  All orders and regulations made under this Act are to be presented to Parliament as soon as possible after publication in the Gazette.
THE SCHEDULE
Sections 2(1) and 80(1)
Part 1
Serious offences
Offences
Description
Arms Offences Act 1973
1.Section 4
Using or attempting to use arms or guns
2.Section 6
Trafficking in arms or guns
Betting Act 1960
3.Section 3(1)(a) (as in force before 1 August 2022)
Keeping or using a place as a common betting house or betting information centre
4.Section 3(1)(c) (as in force before 1 August 2022)
Having the care or management of, or in any manner assisting in the management or the business of a common betting house or betting information centre
5.Section 4 (as in force before 1 August 2022)
Advancing or furnishing money to establish or conduct the business of a common betting house
6.Section 5(3)(a) (as in force before 1 August 2022)
Acting as a bookmaker
Casino Control Act 2006
7.Section 110A
Performing any function of an international market agent without valid licence granted by the Gambling Regulatory Authority of Singapore
8.Section 171
Possession, use, etc., of certain things prohibited
9.Section 172
Unlawful interference with gaming equipment
10.Section 172A
Cheating at play
11.Section 174
Forgery and counterfeiting
Children and Young Persons Act 1993
12.Section 8 (previously section 7 (Cap. 38, 2001 Revised Edition))
Sexual exploitation of child or young person
13.Section 16 (previously section 12 (Cap. 38, 2001 Revised Edition))
Unlawful transfer of possession, custody or control of child
14.Section 17 (previously section 13 (Cap. 38, 2001 Revised Edition))
Importation of child by false pretences
Common Gaming Houses Act 1961
15.Section 4(1)(a) (as in force before 1 August 2022)
Keeping or using a place as a common gaming house
16.Section 4(1)(c) (as in force before 1 August 2022)
Having the care or management of, or in any manner assisting in the management of, a common gaming house
17.Section 5 (as in force before 1 August 2022)
Assisting in carrying on a public lottery, etc.
18.Section 6 (as in force before 1 August 2022)
Advancing or furnishing money to establish or conduct the business of a common gaming house or for the purpose of a public lottery
Computer Misuse Act 1993
19.Section 3
Unauthorised access to computer material
20.Section 4
Access with intent to commit or facilitate the commission of offence
21.Section 5
Unauthorised modification of computer material
22.Section 6
Unauthorised use or interception of computer service
23.Section 7
Unauthorised obstruction of use of computer
24.Section 8
Unauthorised disclosure of access code
25.Section 9 (previously section 8A (Cap. 50A, 2007 Revised Edition))
Supplying, etc., personal information obtained in contravention of certain provisions
25A.Section 10 (previously section 8B (Cap. 50A, 2007 Revised Edition))
Obtaining, etc., items for use in certain offences
Copyright Act (Cap. 63, 2006 Revised Edition)
25B.Section 136(1) (as in force before 21 November 2021)
Making for sale or hire, etc., infringing copy of work
25C.Section 136(2) (as in force before 21 November 2021)
Importing into Singapore or having possession of infringing copy of work for purposes of sale, distribution, etc.
Copyright Act 2021 — Offences included as serious offences with effect from 21 November 2021
26.Section 444(1)
Offences relating to copyright works
Corrosive and Explosive Substances and Offensive Weapons Act 1958*
26A.Section 3 involving an explosive substance
Possession of corrosive or explosive substance for purpose of causing hurt
Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992
27.Section 50 (previously section 43 (Cap. 65A, 2000 Revised Edition))
Assisting another to retain benefits of drug dealing
28.Section 51 (previously section 44 (Cap. 65A, 2000 Revised Edition))
Assisting another to retain benefits from criminal conduct
29.Section 53 (previously section 46 (Cap. 65A, 2000 Revised Edition))
Acquiring, possessing, using, concealing or transferring benefits of drug dealing
30.Section 54 (previously section 47 (Cap. 65A, 2000 Revised Edition))
Acquiring, possessing, using, concealing or transferring benefits from criminal conduct
Customs Act 1960
31.Section 132
Knowingly advancing or furnishing money for business comprising sale, purchase, etc., of uncustomed goods
Endangered Species (Import and Export) Act 2006 — Offences included as serious offences with effect from 30 August 2024
31A.Section 4
Import, export, etc., of scheduled species without permit
31B.Section 5
Scheduled species in transit unaccompanied by CITES permit, etc.
31C.Section 19 in relation to section 4 or 5
Abetment of an offence under section 4 or 5
Explosive Substances Act (Cap. 100) before repeal
32.Section 5
Making or possessing explosives under suspicious circumstances
Gambling Control Act 2022 — Offences included as serious offences with effect from 9 November 2022
32A.Section 18
Unlawful conduct of betting operations, gaming or lotteries
32B.Section 19
Betting operation, etc., outside of approved gambling venue
32C.Section 21
Having financial interest in unlawful gambling service
32D.Section 22
Conducting games, lotteries, etc., that are not approved
32E.Section 23
Owning, etc., place used for unlawful gambling
32F.Section 24
Offence of organising gambling place
32G.Section 25
Offence of financing unlawful gambling place
32H.Section 36
Possession of unlawful gambling instruments
32I.Section 37
Providing credit for unlawful gambling
32J.Section 38
Unlawful interference with approved gaming machines, etc.
Goods and Services Tax Act 1993
33.Section 62
Penalty provisions relating to fraud, etc.
Guns, Explosives and Weapons Control Act 2021
33A.Section 22(1) or (3)
Unauthorised possession or storage of explosive or explosive precursor
Human Organ Transplant Act 1987
36.Section 13(3)(a) (previously section 14(2A)(a) (Cap. 131A, 2012 Revised Edition))
Giving or offering to give valuable consideration for the sale or supply of, or for an offer to sell or supply, any organ from the body of another person
37.Section 13(3)(b) (previously section 14(2A)(b) (Cap. 131A, 2012 Revised Edition))
Receiving valuable consideration for the sale or supply of, or for an offer to sell or supply, any organ from the body of another person
38.Section 13(3)(c) (previously section 14(2A)(c) (Cap. 131A, 2012 Revised Edition))
Offering to sell or supply any organ from the body of another person for valuable consideration
39.Section 13(3)(d) (previously section 14(2A)(d) (Cap. 131A, 2012 Revised Edition))
Initiating or negotiating any contract or arrangement to sell or supply any organ from the body of another person
40.Section 13(3)(e) (previously section 14(2A)(e) (Cap. 131A, 2012 Revised Edition))
Taking part in the management or control of a body corporate or body unincorporate whose activities consist of or include the initiation or negotiation of certain contracts or arrangements
Immigration Act 1959
41.Section 57(1)(c)
Engaging in the business or trade of conveying to or out of Singapore any person who is a prohibited immigrant
Income Tax Act 1947
42.Section 37M(4) (previously section 37J(4) (Cap. 134, 2014 Revised Edition))
Giving false information, etc., to obtain cash payout or Productivity and Innovation Credit bonus
43.Section 96A
Serious fraudulent tax evasion and action to obtain Productivity and Innovation Credit bonus
Kidnapping Act 1961
44.Section 3
Abduction, wrongful restraint or wrongful confinement for ransom
45.Section 4
Knowingly receiving ransom
46.Section 5
Knowingly negotiating to obtain or for payment of ransom
Misuse of Drugs Act 1973
47.Section 5
Trafficking in controlled drugs
48.Section 6
Manufacture of controlled drugs
49.Section 7
Import and export of controlled drugs
50.Section 10
Cultivation of cannabis, opium and coca plants
51.Section 10A
Manufacture, supply, possession, import or export of equipment, materials or substances useful for manufacture of controlled drugs
52.Section 11
Responsibilities of owners, tenants, etc.
53.Section 11A
Arranging or planning gatherings where controlled drugs are to be consumed or trafficked
54.Section 11C
Introducing drug trafficker to another person
55.Section 11D(1)
Instructing person to cultivate cannabis, etc., or to manufacture or consume controlled drugs, etc.
56.Section 11D(2)
Disseminating or publishing information on the cultivation of cannabis, etc., or the manufacture or consumption of controlled drugs, etc.
57.Section 11E
Causing or procuring young person or vulnerable person to commit certain offences
57A.Section 11F
Trafficking in psychoactive substance
57B.Section 11G
Manufacture of psychoactive substance
57C.Section 11H
Import and export of psychoactive substance
57D.Section 11L
Responsibilities of owners, tenants, etc.
57E.Section 11M
Arranging or planning gatherings where psychoactive substances are to be consumed or trafficked
57F.Section 11O
Introducing psychoactive substance trafficker to another person
57G.Section 11P(1)
Instructing person to manufacture or consume psychoactive substance, etc.
57H.Section 11P(2)
Disseminating or publishing information on the manufacture or consumption of psychoactive substance, etc.
57I.Section 11Q
Causing or procuring young person or vulnerable person to commit certain offences relating to psychoactive substances
Moneylenders Act 2008
58.Section 19 (previously section 14 (Cap. 188, 2010 Revised Edition))
Unlicensed moneylending
59.Section 47 (previously section 28 (Cap. 188, 2010 Revised Edition))
Harassing borrower, etc.
Passports Act 2007
60.Section 36
Falsifying Singapore passports, etc.
61.Section 38
Bringing, taking or sending false Singapore passports, etc., across international borders
62.Section 41
Improper use or possession of Singapore passports, etc.
63.Section 42
Selling Singapore passport, etc.
64.Section 44
Dishonestly obtaining Singapore passport, etc.
65.Section 47
Offences relating to false foreign travel documents
Penal Code 1871
66.Section 130B
Piracy by law of nations
67.Section 130C
Piratical acts
68.Section 143
Punishment for being a member of an unlawful assembly
69.Section 144
Joining an unlawful assembly armed with any deadly weapon
70.Section 145
Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse
71.Section 146
Force used by one member in prosecution of common object
72.Section 147
Punishment for rioting
73.Section 148
Rioting, armed with a deadly weapon
74.Section 204A
Obstructing, preventing, perverting or defeating course of justice
75.Section 204B
Bribery of witnesses
76.Section 268A
Communicating false information of harmful thing
77.Section 268B
Placing or sending thing with intent to cause fear of harm
78.Section 268C
Placing or sending thing causing fear of harm
79.Section 284
Rash or negligent conduct with respect to dangerous or harmful substance
80.Section 285
Causing or contributing to risk of dangerous fire
81.Section 302
Punishment for murder
82.Section 304
Culpable homicide not amounting to murder
83.Section 307(1)
Attempt to murder
84.Section 308
Attempt to commit culpable homicide
85.Section 308A
Causing death in furtherance of group’s object
86.Section 308B
Concealment, desecration or disposal of corpse that impedes discovery, identification, criminal investigations or prosecutions
87.Section 323A
Punishment for voluntarily causing hurt which causes grievous hurt
88.Section 325
Punishment for voluntarily causing grievous hurt
89.Section 326
Voluntarily causing grievous hurt by dangerous weapons or means
90.Section 335A
Allowing neglect, physical or sexual abuse of domestic worker or vulnerable person
91.Section 342
Punishment for wrongful confinement
92.Section 347
Wrongful confinement for the purpose of extorting property or constraining to an illegal act
93.Section 348
Wrongful confinement for the purpose of extorting confession or of compelling restoration of property
94.Section 363
Kidnapping
95.Section 363A
Abduction
96.Section 364
Kidnapping or abducting in order to murder
97.Section 365
Kidnapping or abducting with intent secretly and wrongfully to confine a person
98.Section 366
Kidnapping or abducting a woman to compel her marriage, etc.
99.Section 367
Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
100.Section 370
Buying or disposing of any person as a slave
101.Section 371
Habitual dealing in slaves
102.Section 372
Selling minor for purposes of prostitution, etc.
103.Section 373
Buying minor for purposes of prostitution, etc.
104.Section 373A
Importing woman for purposes of prostitution, etc.
105.Section 376B(1)
Commercial sex with person under 18
106.Section 376C
Commercial sex with minor below 18 years of age outside Singapore
107.Section 376D
Tour outside Singapore for commercial sex with minor below 18 years of age
108.Section 376E
Sexual grooming of minor below 16 years of age
109.Section 376EA
Exploitative sexual grooming of minor of or above 16 but below 18 years of age
110.Section 376EB
Sexual communication with minor below 16 years of age
111.Section 376EC
Exploitative sexual communication with minor of or above 16 but below 18 years of age
112.Section 376ED
Sexual activity or image in presence of minor below 16 years of age
113.Section 376EE
Exploitative sexual activity or image in presence of minor of or above 16 but below 18 years of age
114.Section 377BB
Voyeurism
115.Section 377BC
Distribution of voyeuristic image or recording
116.Section 377BD
Possession of or gaining access to voyeuristic or intimate image or recording
117.Section 377BE
Distributing or threatening to distribute intimate image or recording
118.Section 377BG
Using or involving child in production of child abuse material
119.Section 377BH
Producing child abuse material
120.Section 377BI
Distributing or selling child abuse material
121.Section 377BJ
Advertising or seeking child abuse material
122.Section 377BK
Possession of or gaining access to child abuse material
123.Section 377BL
Exploitation by abusive material of minor of or above 16 but below 18 years of age
124.Section 379A
Theft of motor vehicle
125.Section 382
Theft after preparation made for causing death or hurt in order to commit theft
126.Section 384
Extortion
127.Section 385
Putting person in fear of harm in order to commit extortion
128.Section 386
Extortion by putting a person in fear of death or grievous hurt
129.Section 387
Putting person in fear of death or of grievous hurt in order to commit extortion
130.Section 388
Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.
131.Section 389
Putting person in fear of accusation of offence, in order to commit extortion
132.Section 392
Punishment for robbery
133.Section 395
Punishment for gang-robbery
134.Section 396
Gang-robbery with murder
135.Section 406
Punishment of criminal breach of trust
136.Section 407
Criminal breach of trust of property entrusted for purposes of transportation or storage
137.Section 408
Criminal breach of trust by employees
138.Section 409
Criminal breach of trust by public servant, or by banker, merchant, agent, director, officer, partner, key executive or fiduciary
139.Section 411
Receiving stolen property
140.Section 412
Receiving property stolen in the commission of a gang‑robbery
141.Section 413
Habitually dealing in stolen property
142.Section 414
Assisting in concealment or disposal of stolen property
143.Section 416A
Illegally obtained personal information
144.Section 419
Punishment for cheating by personation
145.Section 420
Cheating and dishonestly inducing a delivery of property
146.Section 420A
Obtaining services dishonestly or fraudulently
147.Section 424A
Fraud by false representation, non-disclosure or abuse of position not connected with contracts for goods or services
147A.Section 424B
Fraud by false representation, non-disclosure or abuse of position
148.Section 427
Punishment for committing mischief causing disruption to key service, etc.
149.Section 448
Punishment for house-breaking
150.Section 449
House-breaking in order to commit an offence punishable with death
151.Section 450
House-breaking in order to commit an offence punishable with imprisonment for life
152.Section 451
House-breaking in order to commit an offence punishable with imprisonment
153.Section 452
House-breaking after preparation made for causing hurt, etc.
154.Section 453
Possession of house-breaking implements or offensive weapons
155.Section 459
Grievous hurt caused while committing house-breaking
156.Section 460
House-breaking when death or grievous hurt is caused
157.Section 465
Punishment for forgery
158.Section 467
Forgery of a valuable security or will
159.Section 468
Forgery for the purpose of cheating
160.Section 472
Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467
161.Section 473
Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise
162.Section 473A
Making or possessing equipment for making a false instrument
163.Section 473B
Making or possessing equipment for making a false instrument with intent to induce prejudice
164.Section 474
Having possession of certain document or electronic record known to be forged, with intent to use it as genuine
165.Section 475
Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material
166.Section 476
Counterfeiting a device or mark used for authenticating documents or electronic records other than those described in section 467, or possessing counterfeit marked material
167.Section 477
Fraudulent cancellation, destruction, etc., of a will
168.Section 477A
Falsification of accounts
169.Section 489A
Forging or counterfeiting currency or bank notes
170.Section 489B
Using as genuine forged or counterfeit currency or bank notes
171.Section 489C
Possession of forged or counterfeit currency or bank notes
172.Section 489D
Making or possessing instruments or materials for forging or counterfeiting currency or bank notes
173.Section 489E
Abetting in Singapore counterfeiting of currency out of Singapore
174.Section 489F
Fraudulently or dishonestly diminishing weight or altering composition of any coin
175.Section 489G
Altering appearance of currency with intent that it shall pass as currency of different description
176.Section 489H
Delivery to another of altered currency
177.Section 489I
Possession of altered currency
178.Section 506
Criminal intimidation only if the threat is to —
(a)cause death or grievous hurt
(b)cause the destruction of any property by fire
(c)cause an offence punishable with death or with imprisonment for a term which may extend to 7 years or more
179.Section 507
Criminal intimidation by anonymous communication
Poisons Act 1938 — Offences included as serious offences with effect from 1 September 2025
179A.Section 16(1) for contravention of section 5
Importation, sale, etc., of poison without licence
179B.Section 16(1) for contravention of section 9(1) or (3)
Possession of poison without proper packaging or labelling
179C.Section 19
Sale of poison to person below 18 years of age
Prevention of Corruption Act 1960
180.Section 5
Corrupt transactions where no agents involved
181.Section 6
Corrupt transactions involving agents
182.Section 10
Corruptly procuring withdrawal of tenders
183.Section 11
Bribery of Member of Parliament
184.Section 12
Bribery of member of public body
Prevention of Human Trafficking Act 2014
185.Section 3
Trafficking in persons
186.Section 6
Persons who receive payments in connection with exploitation of trafficked victims
Remote Gambling Act 2014
187.Section 9 (as in force before 1 August 2022)
Providing unlawful remote gambling service for another
188.Section 10 (as in force before 1 August 2022)
Prohibition against overseas remote gambling service with Singapore‑customer link
189.Section 11 (as in force before 1 August 2022)
Prohibition against Singapore‑based remote gambling service
Tobacco (Control of Advertisements and Sale) Act 1993 — Offences included as serious offences with effect from 1 September 2025
189A.Section 3
Publication of advertisement relating to tobacco products or imitation tobacco products
189B.Section 9
Promotion of sales of tobacco products
189C.Section 9A
Implementation or conduct of shopper loyalty programme involving tobacco products
189D.Section 10
Supply of tobacco products to under-aged person
189E.Section 15
Importation, distribution, sale, use, etc., of harmful tobacco products
189F.Section 16
Importation, distribution, sale, use, etc., of imitation tobacco products
Trade Marks Act 1998
190.Section 46
Counterfeiting a trade mark
191.Section 47
Falsely applying a registered trade mark to goods or services
192.Section 48
Making or possessing of article for committing offence
193.Section 49
Importing or selling, etc., goods with falsely applied trade mark
Wildlife Act 1965 — Offences included as serious offences with effect from 30 August 2024
193A.Section 5C
Killing, trapping, taking or keeping of wildlife
193B.Section 8
Illegal sale or export of wildlife
193C.Section 9
Illegal importation of wildlife
Women’s Charter 1961
194.Section 140(1)(a) to (h)
Offences relating to prostitution
195.Section 141
Trafficking in women and girls
196.Section 142
Importation of woman or girl by false pretences
197.Section 146
Persons living on or trading in prostitution
198.Section 147
Keeping, managing or assisting in management of places of assignation
199.Section 148
Keeping, managing or assisting in management of brothels
[Act 21 of 2025 wef 30/12/2025]
[S 560/2025 wef 01/09/2025]
[S 677/2024 wef 30/08/2024]
[S 477/2024 wef 01/06/2024]
[S 526/2023 wef 28/07/2023]
[S 875/2022 wef 09/11/2022]
[Act 14 of 2022 wef 01/08/2022]
Part 2
SERIOUS SCAM OFFENCES
1.An offence under section 420(2) of the Penal Code 1871.
Note: The short description of offences in this Schedule is for ease of reference only.
[9/2018; S 423/2017; S 526/2019; S 857/2019; S 885/2021]
[Act 3 of 2021 wef 01/07/2025]
[Act 21 of 2025 wef 30/12/2025]
[*Updated to be consistent with the 2020 Revised Edition]

LEGISLATIVE HISTORY

Organised Crime Act 2015

 

This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.
1.  
Act 26 of 2015—Organised Crime Act 2015
Bill
:
21/2015
First Reading
:
13 July 2015
Second and Third Readings
:
17 August 2015
Commencement
:
1 June 2016
2.  
G.N. No. S 423/2017—Organised Crime Act 2015 (Amendment of Schedule) Order 2017
Commencement
:
31 July 2017
3.  
Act 9 of 2018—Cybersecurity Act 2018
(Amendments made by section 50(7) of the above Act
Bill
:
2/2018
First Reading
:
8 January 2018
Second and Third Readings
:
5 February 2018
Commencement
:
31 August 2018 (section 50(7))
4.  
G.N. No. S 526/2019—Organised Crime Act 2015 (Amendment of Schedule) Order 2019
Commencement
:
1 August 2019
5.  
G.N. No. S 857/2019—Organised Crime Act (Amendment of Schedule) (No. 2) Order 2019
Commencement
:
1 January 2020
6.  
Act 40 of 2019—Supreme Court of Judicature (Amendment) Act 2019
(Amendments made by section 28(1) read with item 108 of the Schedule to the above Act)
Bill
:
32/2019
First Reading
:
7 October 2019
Second Reading
:
5 November 2019
Notice of Amendments
:
5 November 2019
Third Reading
:
5 November 2019
Commencement
:
2 January 2021 (section 28(1) read with item 108 of the Schedule)
7.  
G.N. No. S 885/2021—Organised Crime Act 2015 (Amendment of Schedule) Order 2021
Commencement
:
21 November 2021
8.  
2020 Revised Edition—Organised Crime Act 2015
Operation
:
31 December 2021
9.  
Act 25 of 2021—Courts (Civil and Criminal Justice) Reform Act 2021
(Amendments made by)
Bill
:
18/2021
First Reading
:
26 July 2021
Second and Third Readings
:
14 September 2021
Commencement
:
1 April 2022
10.  
Act 14 of 2022—Gambling Regulatory Authority of Singapore Act 2022
(Amendments made by the above Act)
Bill
:
5/2022
First Reading
:
14 February 2022
Second and Third Readings
:
11 March 2022
Commencement
:
1 August 2022
11.  
G.N. No. S 875/2022—Organised Crime Act 2015 (Amendment of Schedule) Order 2022
Date of commencement
:
9 November 2022
12.  
G.N. No. S 526/2023—Organised Crime Act 2015 (Amendment of Schedule) Order 2023
Date of commencement
:
28 July 2023
13.  
G.N. No. S 477/2024—Organised Crime Act 2015 (Amendment of Schedule) Order 2024
Date of commencement
:
1 June 2024
14.  
G.N. No. S 677/2024—Organised Crime Act 2015 (Amendment of Schedule) (No. 2) Order 2024
Date of commencement
:
30 August 2024
15.  
Act 5 of 2025—Electronic Gazette and Legislation Act 2025
Bill
:
47/2024
First Reading
:
11 November 2024
Second and Third Readings
:
7 January 2025
Commencement
:
9 March 2025
16.  
Act 3 of 2021—Guns, Explosives and Weapons Control Act 2021
Bill
:
44/2020
First Reading
:
3 November 2020
Second and Third Readings
:
5 January 2021
Commencement
:
1 July 2025
17.  
G.N. No. S 560/2025—Organised Crime Act 2015 (Amendment of Schedule) Order 2025
Date of commencement
:
1 September 2025
18.  
Act 19 of 2025—Statutes (Miscellaneous Amendments) Act 2025
Bill
:
9/2025
First Reading
:
22 September 2025
Second and Third Readings
:
15 October 2025
Commencement
:
5 December 2025
19.  
Act 21 of 2025—Criminal Law (Miscellaneous Amendments) Act 2025
Bill
:
15/2025
First Reading
:
14 October 2025
Second and Third Readings
:
4 November 2025
Commencement
:
30 December 2025

Abbreviations

 
(updated on 29 August 2022)
G.N.
Gazette Notification
G.N. Sp.
Gazette Notification (Special Supplement)
L.A.
Legislative Assembly
L.N.
Legal Notification (Federal/Malaysian)
M.
Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia)
Parl.
Parliament
S
Subsidiary Legislation
S.I.
Statutory Instrument (United Kingdom)
S (N.S.)
Subsidiary Legislation (New Series)
S.S.G.G.
Straits Settlements Government Gazette
S.S.G.G. (E)
Straits Settlements Government Gazette (Extraordinary)

COMPARATIVE TABLE

Organised Crime Act 2015

This Act has undergone renumbering in the 2020 Revised Edition. This Comparative Table is provided to help readers locate the corresponding provisions in the last Revised Edition.

2020 Ed.
Act 26 of 2015
[Omitted as spent]
83
[Omitted as having had effect]
84—(1)
[Omitted as having had effect]
    (2)
[Omitted as having had effect]
    (3)

Archived for legal research. Authoritative version at sso.agc.gov.sg.