§ 44 — Presumption of using, etc., of premises as gambling place

44.—(1) If a police officer or an authorised officer as authorised under this Act to enter any premises —(a)

is, at a particular time, wilfully prevented from, or is obstructed or delayed in, entering or re‑entering those premises or any part of those premises;

(b)

finds at a particular time, an external or internal door of, or a means of access to, those premises to be fitted with a bolt, bar, chain, or any means or device —(i)

for the purpose of preventing, delaying or obstructing the entry or re‑entry into those premises of a police officer or an authorised officer; or

(ii)

for giving an alarm in case of such entry or re‑entry;

(c)

finds those premises at a particular time to be fitted or provided with —(i)

any gambling article for conducting a betting operation, a game of chance or a lottery; or

(ii)

any equipment, device or other thing for concealing, removing or destroying any gambling article;

(d)

finds at a particular time in the possession of any individual in those premises —(i)

any gambling article for conducting a betting operation, a game of chance or a lottery; or

(ii)

any equipment, device or other thing for concealing, removing or destroying any gambling article; or

(e)

finds at a particular time any individual in those premises concealing, removing or destroying any gambling article,

every occupier of those premises is to be presumed, until the contrary is proved, to have used or allowed to be used those premises as an unlawful gambling place at or about that particular time, and gambling is to be presumed, until the contrary is proved, to have taken place in those premises at or about that particular time.

(2) If a police officer or an authorised officer as authorised under this Act to enter premises enters any premises at a particular time, and —(a)

the premises are upon entering found to be fitted or provided with any remote communication equipment arranged in such a manner as to suggest that the equipment is or was being used for the receiving or transmitting of any information relating to —(i)

any race, competition, sporting event or other event or process, taking place in Singapore or elsewhere;

(ii)

the likelihood of anything occurring, or not occurring, in Singapore or elsewhere; or

(iii)

whether anything is or is not true,

regardless that the remote communication equipment has been disconnected, rendered inoperable or tampered with; and

(b)

after entering, 2 or more messages by remote communication are received, by an individual in those premises or on any remote communication equipment at those premises, enquiring about the results, commentary or dividends payable on any matter mentioned in paragraph (a)(i), (ii) or (iii),

every occupier of those premises is to be presumed, until the contrary is proved, to have used or allowed to be used those premises as a betting information centre.

(3) If —(a)

a police officer or an authorised officer as authorised under this Act to enter any place or premises enters any place or premises at a particular time; and

(b)

after entering, 2 or more messages by remote communication are received, by an individual in the place or premises or on any remote communication equipment in that place or those premises, relating to —(i)

the accepting, receiving or negotiating of bets or wagers; or

(ii)

any results, commentary or dividends payable on any matter mentioned in subsection (2)(a)(i), (ii) or (iii),

every occupier of that place or those premises is to be presumed, until the contrary is proved, to have used or allowed to be used that place or those premises to conduct a betting operation.

(4) Where one or more gaming machines are found on a part of any premises wholly occupied by an entity for its purposes, being a part that is accessible only to members of the entity, the occupier of those premises is to be presumed, until the contrary is proved, to be using or allowing the premises to be used to conduct a game of chance, the participants of which are all the members of the entity.

—(1) If a police officer or an authorised officer as authorised under this Act to enter any premises —(a)

is, at a particular time, wilfully prevented from, or is obstructed or delayed in, entering or re‑entering those premises or any part of those premises;

(b)

finds at a particular time, an external or internal door of, or a means of access to, those premises to be fitted with a bolt, bar, chain, or any means or device —(i)

for the purpose of preventing, delaying or obstructing the entry or re‑entry into those premises of a police officer or an authorised officer; or

(ii)

for giving an alarm in case of such entry or re‑entry;

(c)

finds those premises at a particular time to be fitted or provided with —(i)

any gambling article for conducting a betting operation, a game of chance or a lottery; or

(ii)

any equipment, device or other thing for concealing, removing or destroying any gambling article;

(d)

finds at a particular time in the possession of any individual in those premises —(i)

any gambling article for conducting a betting operation, a game of chance or a lottery; or

(ii)

any equipment, device or other thing for concealing, removing or destroying any gambling article; or

(e)

finds at a particular time any individual in those premises concealing, removing or destroying any gambling article,

every occupier of those premises is to be presumed, until the contrary is proved, to have used or allowed to be used those premises as an unlawful gambling place at or about that particular time, and gambling is to be presumed, until the contrary is proved, to have taken place in those premises at or about that particular time.

(2) If a police officer or an authorised officer as authorised under this Act to enter premises enters any premises at a particular time, and —(a)

the premises are upon entering found to be fitted or provided with any remote communication equipment arranged in such a manner as to suggest that the equipment is or was being used for the receiving or transmitting of any information relating to —(i)

any race, competition, sporting event or other event or process, taking place in Singapore or elsewhere;

(ii)

the likelihood of anything occurring, or not occurring, in Singapore or elsewhere; or

(iii)

whether anything is or is not true,

regardless that the remote communication equipment has been disconnected, rendered inoperable or tampered with; and

(b)

after entering, 2 or more messages by remote communication are received, by an individual in those premises or on any remote communication equipment at those premises, enquiring about the results, commentary or dividends payable on any matter mentioned in paragraph (a)(i), (ii) or (iii),

every occupier of those premises is to be presumed, until the contrary is proved, to have used or allowed to be used those premises as a betting information centre.

(3) If —(a)

a police officer or an authorised officer as authorised under this Act to enter any place or premises enters any place or premises at a particular time; and

(b)

after entering, 2 or more messages by remote communication are received, by an individual in the place or premises or on any remote communication equipment in that place or those premises, relating to —(i)

the accepting, receiving or negotiating of bets or wagers; or

(ii)

any results, commentary or dividends payable on any matter mentioned in subsection (2)(a)(i), (ii) or (iii),

every occupier of that place or those premises is to be presumed, until the contrary is proved, to have used or allowed to be used that place or those premises to conduct a betting operation.

(4) Where one or more gaming machines are found on a part of any premises wholly occupied by an entity for its purposes, being a part that is accessible only to members of the entity, the occupier of those premises is to be presumed, until the contrary is proved, to be using or allowing the premises to be used to conduct a game of chance, the participants of which are all the members of the entity.