§ 38 — Disgorgement direction — content

38.—(1) A disgorgement direction may require a person to whom the direction is given to do either of the following, within the time specified in the direction, with respect to covered information or material published in Singapore by or on behalf of that person by the undertaking of any online communications activity:(a)

to take all reasonable steps to send back, or pay an equivalent amount of, every defined property accepted by the person —(i)

to the foreign principal who supplied or transferred the property; or

(ii)

to any other person appearing to be acting on behalf of the foreign principal in sub‑paragraph (i);

(b)

to take all reasonable steps to surrender to the competent authority the defined property mentioned in paragraph (a) or an equivalent amount of the value of the defined property.

(2) Any amount collected by the competent authority under subsection (1)(b) must be paid into the Consolidated Fund.

(3) In this section, a defined property supplied or transferred to a person includes any benefit, the whole or any part of which is made to or offered —(a)

by or on behalf of a foreign principal; and

(b)

with a view to, or otherwise in connection with, the person undertaking any online communications activity to publish or enable the publishing in Singapore of any information or material.

(4) For the purposes of this section, any property is treated as accepted by a person to whom a disgorgement direction is given with respect to covered information or material published in Singapore by or on behalf of that person by the undertaking of any online communications activity if —(a)

any part of the property has been received by the person; and

(b)

the whole or part of the property was used, or is intended to be used, by the person to meet any expenditure in connection with the person undertaking any online communications activity to publish or enable the publishing in Singapore of the information or material.

—(1) A disgorgement direction may require a person to whom the direction is given to do either of the following, within the time specified in the direction, with respect to covered information or material published in Singapore by or on behalf of that person by the undertaking of any online communications activity:(a)

to take all reasonable steps to send back, or pay an equivalent amount of, every defined property accepted by the person —(i)

to the foreign principal who supplied or transferred the property; or

(ii)

to any other person appearing to be acting on behalf of the foreign principal in sub‑paragraph (i);

(b)

to take all reasonable steps to surrender to the competent authority the defined property mentioned in paragraph (a) or an equivalent amount of the value of the defined property.

(2) Any amount collected by the competent authority under subsection (1)(b) must be paid into the Consolidated Fund.

(3) In this section, a defined property supplied or transferred to a person includes any benefit, the whole or any part of which is made to or offered —(a)

by or on behalf of a foreign principal; and

(b)

with a view to, or otherwise in connection with, the person undertaking any online communications activity to publish or enable the publishing in Singapore of any information or material.

(4) For the purposes of this section, any property is treated as accepted by a person to whom a disgorgement direction is given with respect to covered information or material published in Singapore by or on behalf of that person by the undertaking of any online communications activity if —(a)

any part of the property has been received by the person; and

(b)

the whole or part of the property was used, or is intended to be used, by the person to meet any expenditure in connection with the person undertaking any online communications activity to publish or enable the publishing in Singapore of the information or material.