§ 108 — Power to obtain information

108.—(1) A competent authority may by written notice require any person (whether in or outside Singapore) to provide, within a period or at intervals specified in the notice, and in such form and manner as may be specified in the notice, all documents or all information or material (or both), for the purposes in subsection (2), such as documents or information or material about all or any of the following:(a)

the membership of the person by individuals who are not citizens of Singapore;

(b)

relations with foreign principals;

(c)

the provision of voluntary labour, or voluntary professional services, to or for the benefit of the person by individuals who are not citizens of Singapore;

(d)

recurrent and capital expenditure for the administration and management of activities undertaken by the person which are directed towards a political end in Singapore.

(2) The power in subsection (1) may be exercised only in relation —(a)

to any matter which the competent authority considers necessary for any of the following purposes:(i)

to determine whether any information or material provided to a competent authority under a provision of this Act or the Regulations is correct;

(ii)

to determine whether there are grounds for any directive to be given under this Act against any person;

(iii)

to determine whether or not to exercise any power under Part 4, 5 or 6; and[Act 8 of 2023 wef 29/12/2023]

(b)

to documents or information or material that is —(i)

within the knowledge of the person; or

(ii)

in the custody or under the control of that person.

(3) The power to require a person to provide any document or any information or material under subsection (1) includes the power —(a)

to require the person, or any individual who is or was a responsible officer or an agent or a member of a politically significant person (as the case may be), to provide an explanation of the document or the information or material;

(b)

if the document or the information or material is not provided, to require that person or individual to state, to the best of the knowledge and belief of that person or individual (as the case may be), where it is; or

(c)

if the information or material is recorded otherwise than in legible form, to require the information to be made available to the competent authority in legible form.

(4) A competent authority is entitled without payment to keep any document or any information or material, or any copy or extract thereof, provided to the competent authority under subsection (1).

(5) Subject to subsection (7), a person commits an offence if —(a)

the person is required by a notice given to the person under this section to provide documents or information or material to a competent authority; and

(b)

the person —(i)

fails to provide the document or the information or material to the competent authority; or

(ii)

alters, suppresses or destroys any document or any information or material which the person has been required by the notice to provide.

(6) A person who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

(7) In any proceedings for an offence under subsection (5), it is a defence for the accused to prove, on a balance of probabilities that —(a)

the person does not possess the document or the information or material required; or

(b)

the person has taken all reasonable steps available to the person to obtain the document or the information or material required and has been unable to obtain it.

(8) To avoid doubt, for the purposes of subsection (5), it is not a defence for a person to refuse or fail to provide any document or any information or material if doing so might tend to incriminate that person.

(9) Where a person claims, before producing any document or giving any information or material that the person is required by this section to produce or give, that the production of the document or the giving of the information or material might tend to incriminate the person —(a)

that document or information or material;

(b)

the production of the document or the provision of the information or material; or

(c)

any information, document or thing obtained as a direct or indirect consequence of the production of the document or giving of the information or material,

is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under this Act or any written law in respect of the falsity of the document or the information or material.

(10) An offence under subsection (5) is a strict liability offence.

—(1) A competent authority may by written notice require any person (whether in or outside Singapore) to provide, within a period or at intervals specified in the notice, and in such form and manner as may be specified in the notice, all documents or all information or material (or both), for the purposes in subsection (2), such as documents or information or material about all or any of the following:(a)

the membership of the person by individuals who are not citizens of Singapore;

(b)

relations with foreign principals;

(c)

the provision of voluntary labour, or voluntary professional services, to or for the benefit of the person by individuals who are not citizens of Singapore;

(d)

recurrent and capital expenditure for the administration and management of activities undertaken by the person which are directed towards a political end in Singapore.

(2) The power in subsection (1) may be exercised only in relation —(a)

to any matter which the competent authority considers necessary for any of the following purposes:(i)

to determine whether any information or material provided to a competent authority under a provision of this Act or the Regulations is correct;

(ii)

to determine whether there are grounds for any directive to be given under this Act against any person;

(iii)

to determine whether or not to exercise any power under Part 4, 5 or 6; and[Act 8 of 2023 wef 29/12/2023]

(b)

to documents or information or material that is —(i)

within the knowledge of the person; or

(ii)

in the custody or under the control of that person.

(3) The power to require a person to provide any document or any information or material under subsection (1) includes the power —(a)

to require the person, or any individual who is or was a responsible officer or an agent or a member of a politically significant person (as the case may be), to provide an explanation of the document or the information or material;

(b)

if the document or the information or material is not provided, to require that person or individual to state, to the best of the knowledge and belief of that person or individual (as the case may be), where it is; or

(c)

if the information or material is recorded otherwise than in legible form, to require the information to be made available to the competent authority in legible form.

(4) A competent authority is entitled without payment to keep any document or any information or material, or any copy or extract thereof, provided to the competent authority under subsection (1).

(5) Subject to subsection (7), a person commits an offence if —(a)

the person is required by a notice given to the person under this section to provide documents or information or material to a competent authority; and

(b)

the person —(i)

fails to provide the document or the information or material to the competent authority; or

(ii)

alters, suppresses or destroys any document or any information or material which the person has been required by the notice to provide.

(6) A person who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

(7) In any proceedings for an offence under subsection (5), it is a defence for the accused to prove, on a balance of probabilities that —(a)

the person does not possess the document or the information or material required; or

(b)

the person has taken all reasonable steps available to the person to obtain the document or the information or material required and has been unable to obtain it.

(8) To avoid doubt, for the purposes of subsection (5), it is not a defence for a person to refuse or fail to provide any document or any information or material if doing so might tend to incriminate that person.

(9) Where a person claims, before producing any document or giving any information or material that the person is required by this section to produce or give, that the production of the document or the giving of the information or material might tend to incriminate the person —(a)

that document or information or material;

(b)

the production of the document or the provision of the information or material; or

(c)

any information, document or thing obtained as a direct or indirect consequence of the production of the document or giving of the information or material,

is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under this Act or any written law in respect of the falsity of the document or the information or material.

(10) An offence under subsection (5) is a strict liability offence.