Obstruction of search, etc.
Open ↗31. A person who —(a)
refuses the licensing officer or any police officer duly authorised in writing in that behalf by the licensing officer (called in this section an authorised police officer) to enter or search or to access to any place;
(b)
assaults, obstructs, hinders or delays the licensing officer or authorised police officer in effecting any entrance which he or she is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;
(c)
fails to comply with any lawful demand of the licensing officer or authorised police officer in the execution of his or her duty under this Act; or
(d)
refuses or neglects to give any information to the licensing officer or authorised police officer which may reasonably be required of him or her and which he or she has it in his or her power to give,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Offences by bodies corporate, etc.
Open ↗32.—(1) Where an offence under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer of the body corporate; or
(b)
to be attributable to any neglect on his or her part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his or her part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or a member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;
“officer” —(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) Regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
Composition of offences
Open ↗33.—(1) The licensing officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$2,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3) All sums collected under this section must be paid to the Consolidated Fund.
Jurisdiction of court
Open ↗34. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.
