§ 243 — Compounding of offences under other written laws

243.—(1) Where any Act (other than the Penal Code 1871) contains an express provision for the composition of offences thereunder, the person authorised under that provision to compound such offences must exercise the power of composition subject to any general or special directions of the Public Prosecutor.(2) Where any Act (other than the Penal Code 1871) does not contain any provision for the composition of offences thereunder, any offence under that Act or any subsidiary legislation made under that Act may be compounded under this section if the offence is prescribed under that Act as a compoundable offence.

(3) For the purposes of subsection (2), the power conferred on any Minister, statutory authority or other person to make subsidiary legislation under any Act to which that subsection applies includes the power —(a)

to prescribe the offences under that Act or any subsidiary legislation made under that Act that may be compounded under this section;

(b)

to designate the person who may compound such offences; and

(c)

to specify the maximum sum for which any such offence may be compoundable, except that the maximum sum so specified must not exceed —(i)

one half of the amount of the maximum fine that is prescribed for the offence; or

(ii)

$2,000,

whichever is the lower.

(4) The person designated under subsection (3)(b) may, subject to such general or special directions that the Public Prosecutor may give, compound any offence prescribed under subsection (3)(a) by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding the maximum sum that is specified under subsection (3)(c) in respect of that offence.

(5) On payment of the sum of money, no further proceedings are to be taken against that person in respect of such offence.

—(1) Where any Act (other than the Penal Code 1871) contains an express provision for the composition of offences thereunder, the person authorised under that provision to compound such offences must exercise the power of composition subject to any general or special directions of the Public Prosecutor.

(2) Where any Act (other than the Penal Code 1871) does not contain any provision for the composition of offences thereunder, any offence under that Act or any subsidiary legislation made under that Act may be compounded under this section if the offence is prescribed under that Act as a compoundable offence.

(3) For the purposes of subsection (2), the power conferred on any Minister, statutory authority or other person to make subsidiary legislation under any Act to which that subsection applies includes the power —(a)

to prescribe the offences under that Act or any subsidiary legislation made under that Act that may be compounded under this section;

(b)

to designate the person who may compound such offences; and

(c)

to specify the maximum sum for which any such offence may be compoundable, except that the maximum sum so specified must not exceed —(i)

one half of the amount of the maximum fine that is prescribed for the offence; or

(ii)

$2,000,

whichever is the lower.

(4) The person designated under subsection (3)(b) may, subject to such general or special directions that the Public Prosecutor may give, compound any offence prescribed under subsection (3)(a) by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding the maximum sum that is specified under subsection (3)(c) in respect of that offence.

(5) On payment of the sum of money, no further proceedings are to be taken against that person in respect of such offence.