s 88C Offences, penalties and defences
88C. —(1) A person who contravenes section 88(1) or (2) or 88A(7) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual — (i) to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; and (ii) in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case — (i) to a fine not exceeding $1 million; and (ii) in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (2) Where a person is charged with an offence in respect of a contravention of section 88(1), it is a defence for the person to prove, on a balance of probabilities, that — ( a ) the person was not aware that the person had contravened that section; and ( b ) the person has, within 14 days after becoming aware that the person had contravened that section, notified the Commissioner of the contravention. (3) Where a person is charged with an offence in respect of a contravention of section 88(1), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest or in the voting power controlled by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and ( c ) the person has, within 14 days after the date of the contravention, notified the Commissioner of the contravention. (4) Where a person is charged with an offence in respect of a contravention of section 88(2), it is a defence for the person to prove, on a balance of probabilities, that — ( a ) the person was not aware that the person had contravened that section; and ( b ) the person has, within 14 days after becoming aware that the person had contravened that section, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct. (5) Where a person is charged with an offence in respect of a contravention of section 88(2), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase or a decrease in the holding of equity interest or in the voting power controlled by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and ( c ) the person has, within 14 days after the date of the contravention, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct. (6) Except as provided in subsections (2), (3), (4) and (5), it is not a defence for a person charged with an offence in respect of a contravention of section 88(1) or (2) to prove that the person did not intend to or did not knowingly contravene that provision. [Act 21 of 2021 wef 02/09/2022] —(1) A person who contravenes section 88(1) or (2) or 88A(7) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual — (i) to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; and (ii) in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case — (i) to a fine not exceeding $1 million; and (ii) in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (2) Where a person is charged with an offence in respect of a contravention of section 88(1), it is a defence for the person to prove, on a balance of probabilities, that — ( a ) the person was not aware that the person had contravened that section; and ( b ) the person has, within 14 days after becoming aware that the person had contravened that section, notified the Commissioner of the contravention. (3) Where a person is charged with an offence in respect of a contravention of section 88(1), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest or in the voting power controlled by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and ( c ) the person has, within 14 days after the date of the contravention, notified the Commissioner of the contravention. (4) Where a person is charged with an offence in respect of a contravention of section 88(2), it is a defence for the person to prove, on a balance of probabilities, that — ( a ) the person was not aware that the person had contravened that section; and ( b ) the person has, within 14 days after becoming aware that the person had contravened that section, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct. (5) Where a person is charged with an offence in respect of a contravention of section 88(2), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase or a decrease in the holding of equity interest or in the voting power controlled by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and ( c ) the person has, within 14 days after the date of the contravention, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct. (6) Except as provided in subsections (2), (3), (4) and (5), it is not a defence for a person charged with an offence in respect of a contravention of section 88(1) or (2) to prove that the person did not intend to or did not knowingly contravene that provision. [Act 21 of 2021 wef 02/09/2022]