Minister may appoint boards and committees
Open ↗24.—(1) The Minister may appoint any boards or committees as he or she may think fit for the purpose of assisting him or her in carrying into effect this Act and may delegate to them any of his or her powers (other than those conferred by section 6) and may require them to perform any of his or her duties as he or she may think necessary.
(2) No delegation under subsection (1) is to be deemed to divest the Minister of any of his or her powers or duties and he or she may exercise those powers and perform those duties despite any such delegation.
Burden of proof
Open ↗25. In any prosecution in respect of an offence under this Act upon a charge of doing any act which is unlawful, unless the person doing the act is entitled to do so by reason of the person being the holder of a licence, permit or written permission, consent, authorisation or exemption entitling the person to do that act, it is sufficient for the prosecution to allege and prove the person’s doing of that act and the onus is then upon the accused to show that the accused was entitled to do the act.
Power of court to confiscate
Open ↗26.—(1) Where any person is convicted of an offence under this Act, the court may order the confiscation in whole or in part of —(a)
any controlled article in respect of which the offence has been committed and which has been seized by, or has otherwise come into the possession of the Controller or any person acting under the Controller’s authority or any vehicle, vessel or other article, the property of the accused, by means of which the offence has been committed or which is intended to be used for the commission of an offence under this Act; or
(b)
the proceeds of the sale of any such controlled article if it has been sold under section 12.
(2) Where confiscation is ordered under subsection (1), the court is to deliver the controlled article or the proceeds of the sale of the controlled article (if not already in the Controller’s possession) to the Controller or to any person designated by him or her, and is to give directions as to their disposal.
Jurisdiction of courts
Open ↗27. Despite anything in any other written law to the contrary, a District Court and a Magistrate’s Court has jurisdiction to pass any sentence provided in this Act for any offence under this Act.
Joinder of offences
Open ↗28. Despite any written law to the contrary for the time being in force, when a person is accused of more than one offence under this Act, the person may be charged with and tried at one time for any number of those offences.
Composition of offences
Open ↗29.—(1) The Controller may compound any offence under this Act prescribed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding $2,000.
(2) The Minister may make regulations to prescribe the offences under this Act which may be compounded and the method and procedure by which such offences may be compounded under this section.
Protection of informers
Open ↗30.—(1) Subject to this section, no evidence as to any written or oral information in respect of any offence alleged to have been committed under this Act may be admitted in evidence in any civil or criminal proceedings, and no witness may be obliged or permitted to disclose the name or address of any informer or to state any matter which might lead to the discovery of the informer’s identity.
(2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which might lead to the discovery of his or her identity, the court is to cause all such passages to be concealed from view or to be obliterated so far as may be necessary to prevent the discovery of the informer’s identity, but no further.
(3) If in any civil or criminal proceedings the court, after full enquiry into the case, is of the opinion that the informer has wilfully made in any information furnished by him or her a material statement which he or she knew or believed to be false or did not believe to be true, or the court is of the opinion that justice cannot be fully done without the discovery of the informer’s identity, it is lawful for the court to require the production of the original information, if in writing, and to permit enquiry and require full disclosure concerning the informer.
(4) For the purposes of this section, “informer” includes every person who is not called as a witness for the prosecution in a criminal case and who has made any complaint or report or furnished any information, oral or documentary, in respect of any offence under this Act alleged to have been committed by any person.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
