§ 91 — Offences involving directives to politically significant persons

91.—(1) Where a person to whom a directive under Part 5 or 6 is given, without reasonable excuse, contravenes the directive —(a)

the responsible officers of a political party or Part 4 politically significant entity given the directive; or

(b)

in any other case, the person given the directive,

commits an offence.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

for a prohibited donor directive or an anonymous donations directive —(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(ii)

where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both;

(b)

for a political donations fund directive under section 69, 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;

(c)

[Deleted by Act 8 of 2023 wef 29/12/2023]

(d)

for a transparency directive under section 81, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both;

(e)

for a directive under section 83 or 84, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(f)

for a directive under section 85, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) A person is a repeat offender in relation to an offence under subsection (1) relating to a prohibited donor directive or an anonymous donations directive (called the current offence) if the person has been convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of an offence under subsection (1) with respect to —(a)

another prohibited donor directive if the current offence involves a prohibited donor directive; or

(b)

another anonymous donations directive if the current offence involves an anonymous donations directive.

—(1) Where a person to whom a directive under Part 5 or 6 is given, without reasonable excuse, contravenes the directive —(a)

the responsible officers of a political party or Part 4 politically significant entity given the directive; or

(b)

in any other case, the person given the directive,

commits an offence.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

for a prohibited donor directive or an anonymous donations directive —(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(ii)

where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both;

(b)

for a political donations fund directive under section 69, 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;

(c)

[Deleted by Act 8 of 2023 wef 29/12/2023]

(d)

for a transparency directive under section 81, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both;

(e)

for a directive under section 83 or 84, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(f)

for a directive under section 85, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) A person is a repeat offender in relation to an offence under subsection (1) relating to a prohibited donor directive or an anonymous donations directive (called the current offence) if the person has been convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of an offence under subsection (1) with respect to —(a)

another prohibited donor directive if the current offence involves a prohibited donor directive; or

(b)

another anonymous donations directive if the current offence involves an anonymous donations directive.