Providing false information, obstruction of inspecting officers, etc.
Open ↗27.—(1) Any person who —(a)
for the purpose of obtaining, whether for that person or any other person, any licence under the provisions of this Act, makes any declaration or statement which is false in any material particular or knowingly alters, produces or makes use of any such declaration or statement or any document containing the declaration or statement;
(b)
refuses to permit an inspecting officer to enter or inspect any premises which the inspecting officer is authorised under this Act to enter and inspect, or obstructs any inspecting officer in the execution of that inspecting officer’s duty under the provisions of this Act; or
(c)
fails to comply with any condition of a licence,
shall be guilty of an offence and shall be liable on conviction —
(d)
to a fine not exceeding $5,000; and
(e)
where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(2) For the purposes of subsection (1), a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted of —(a)
an offence under subsection (1)(a) has been convicted on at least one other earlier occasion of —(i)
an offence under subsection (1)(a); or
(ii)
an offence under section 9(b) of the repealed Act, whether the conviction was before, on or after 1 March 2018;
(b)
an offence under subsection (1)(b) has been convicted on at least one other earlier occasion of —(i)
an offence under subsection (1)(b); or
(ii)
an offence under section 9(c) of the repealed Act, whether the conviction was before, on or after 1 March 2018; or
(c)
an offence under subsection (1)(c) has been convicted on at least one other earlier occasion of —(i)
an offence under subsection (1)(c); or
(ii)
an offence under section 9(d) of the repealed Act in relation to the contravention of any condition of a licence under the repealed Act, whether the conviction was before, on or after 1 March 2018.
Notice to owner and occupier
Open ↗28.—(1) Where a person is charged with an offence under section 5(4) for contravening section 5(1) (called in this section the offender), the Licensing Officer may serve or cause to be served a notice —(a)
on every owner of the premises in respect of which the offence is allegedly committed; and
(b)
on every occupier of those premises,
informing the owner and occupier that criminal proceedings have started against the offender for an offence under section 5(4) for contravening section 5(1) in respect of those premises.
(2) If the owner or occupier is not known or cannot by the exercise of due diligence be found, the notice under subsection (1) may, in addition to the modes specified in section 48A of the Interpretation Act 1965, be served by affixing it on any conspicuous part of the premises.
(3) Every owner and occupier receiving a notice under subsection (1) must immediately inform any person from whom the owner or occupier subleases or rents the premises specified in the notice of the fact of receipt and the contents of the notice if the person did not receive a notice under subsection (1).
(4) A person who is informed under subsection (3) (called the recipient) must, in similar manner, immediately inform the person from whom the recipient immediately subleases or rents the premises (as the case may be) that a notice under subsection (1) has been given in respect of those premises, and so on until the notice is brought to the knowledge of the owner, each tenant being responsible for bringing the notice to the knowledge of the tenant’s immediate lessor.
(5) Any occupier who refuses or omits to inform the owner or the person from whom the occupier rents the premises that a notice under subsection (1) has been received shall be liable to be punished under section 225C of the Penal Code 1871.
(6) Where it is proved that —(a)
a notice under subsection (1) has been served on an owner or occupier of the premises from whom an offender directly rents the premises;
(b)
the offender is subsequently convicted of the offence to which the notice relates; and
(c)
the owner or occupier of the premises from whom the offender rents the premises fails to comply with section 29(1),
then, in proceedings against the owner or occupier for an offence under section 5(4) for contravening section 5(3), it is presumed, until the contrary is proved, that the owner or occupier knew at the material time that the offender is carrying on the business of providing massage services in an establishment for massage without a valid licence to do so at those premises.
(7) For the purposes of subsection (6), the material time is the expiry of the period mentioned in section 29(1).
Determination of tenancy of premises on conviction of certain offence
Open ↗29.—(1) Upon the conviction of any person (called in this section the offender) for an offence under section 5(4) for contravening section 5(1) or (3) in relation to any premises, the owner or occupier from whom the offender rents the premises must, within one month after the date of conviction, require the offender to deliver up possession of the premises to the owner or occupier, if the lease or tenancy is not earlier terminated.
(2) If the offender fails, within one month of being so required, to deliver up possession of the premises, the owner or occupier of the premises from whom the offender rents the premises is entitled to determine the lease or tenancy of the premises but without prejudice to the rights or remedies of any party to the lease or tenancy accrued before the date of such determination.
(3) Where the owner or occupier of any premises has determined the lease or tenancy in accordance with subsection (2) and the offender has not delivered up possession of the premises after such determination, a Magistrate’s Court may, on the application of the owner or occupier, make a summary order for the delivery of possession of the premises to the owner or occupier.
(4) If the offender disobeys any order made by a Magistrate’s Court under subsection (3), the person shall be liable to prosecution under section 188 of the Penal Code 1871.
(5) In this section, “date of conviction” means —(a)
the date the offender is convicted of the offence mentioned in subsection (1), or any later date on which the offender is sentenced, if no appeal against the conviction is filed; or
(b)
if the offender appeals the conviction and the conviction is upheld, the date the appeal is determined.
Protection from personal liability
Open ↗30. No liability shall lie personally against an inspecting officer who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.
Minister may designate others to hear appeals
Open ↗31. The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 7(9), 10(7), 12(7), 15(6), 17(8) or 22(1):(a)
the Second Minister (if any) for his or her Ministry;
(b)
any Minister of State, or Senior Minister of State, for his or her Ministry;
(c)
any Parliamentary Secretary, or Senior Parliamentary Secretary, to his or her Ministry.
Exemption
Open ↗32. The Minister may, by order in the Gazette, exempt any premises or class of premises from all or any of the provisions of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose.
Amendment of Schedule
Open ↗33.—(1) The Minister may from time to time, by order in the Gazette, amend, add to or vary the Schedule.
(2) All orders made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.
Establishment for massage deemed to be public place
Open ↗34. For the purposes of section 14(1) of the Liquor Control (Supply and Consumption) Act 2015, every establishment for massage is deemed to be a public place.
Rules
Open ↗35.—(1) The Minister may make rules prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the Minister may make rules for any of the following matters:(a)
the control and management of establishments for massage, including individuals who are employed to work in establishments for massage;
(b)
the fees to be charged in respect of licences and approvals;
(c)
the conditions under which licences or approvals may be granted.
(3) Rules made under this section may provide that any contravention of any rules shall be an offence punishable with a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, a fine not exceeding $10,000 or imprisonment for a term not exceeding 2 years or both.
Saving and transitional provisions
Open ↗36.—(1) Any person who, immediately before 1 March 2018, is the Licensing Officer or an Assistant Licensing Officer under the repealed Act continues to hold office as the Licensing Officer or Assistant Licensing Officer (as the case may be) as if appointed under section 3 of this Act, and their respective appointments are to expire on the date the appointment would have expired if this Act had not been enacted.
(2) Every licence under the repealed Act that, immediately before 1 March 2018, is in force for an establishment for massage is to continue and be treated as a licence granted under this Act subject to the same conditions (if applicable) of the licence under the repealed Act.
(3) An application for a licence made under the repealed Act that is pending immediately before 1 March 2018 must be considered and determined under this Act as if the application were made under section 6 of this Act.
(4) Every approval for a licensee of an establishment for massage to employ an individual to work in the establishment for massage, granted by the Licensing Officer under rule 7 of the Massage Establishments Rules (Cap. 173, R 1) as in force immediately before 1 March 2018, is taken to be an approval granted under section 15 of this Act, and continues until the expiry of the approval under those Rules.
(5) Any condition to which an approval, granted by the Licensing Officer under rule 7 of the Massage Establishments Rules (Cap. 173, R 1) that is in force immediately before 1 March 2018, is subject and that is in force immediately before that date, continues to have effect as a condition of the approval taken to be granted under section 15 of this Act.
(6) Where an appeal has been made to the Minister under the repealed Act in relation to —(a)
the forfeiture of security;
(b)
the refusal of a licence; or
(c)
the revocation of a licence,
and the appeal has not been dealt with or disposed of immediately before 1 March 2018, the appeal may be dealt with under the repealed Act as if this Act had not been enacted.
(7) This Act does not affect —(a)
any investigation commenced under the repealed Act before 1 March 2018, and every such investigation may be continued and everything in relation to such investigation may be done in all respects after that date as if this Act had not been enacted; and
(b)
any right of appeal accrued before 1 March 2018 in respect of any order or decision made under the repealed Act before that day.
(8) Every subsidiary legislation made under the repealed Act and in force immediately before 1 March 2018 continues in force as if made under this Act, so far as the subsidiary legislation is not inconsistent with the provisions of this Act and until the subsidiary legislation is revoked or repealed under this Act.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
