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(i)
the person (Z) for whom X or Y holds the interest (either by name or by other
particulars sufficient to enable that person to be identified); and
(ii)
the nature of Z’s interest;
(c)
whether any share or any voting right attached to the share is the subject of an
agreement or arrangement described in section 27(3)(c)(vi) or 28(2) or (3), and if
so, to give particulars of the agreement or arrangement and the parties to it.
Power to exempt
32.—(1) The Authority may, by order published in the Gazette, exempt —
(a)
any person or class of persons; or
(b)
any class or description of shares or interests in shares,
from section 28, subject to such conditions as may be specified in the order.
(2) Without affecting the generality of subsection (1), the conditions may include —
(a)
restricting the person’s or class of persons’ disposal or further acquisition of shares
or voting power in the licensee incorporated in Singapore; or
(b)
restricting the person’s or class of persons’ exercise of voting power in the licensee
incorporated in Singapore,
and the Authority may at any time add to, vary or revoke any condition imposed under this
section.
Offences, penalties and defences
33.—(1) Any person that contravenes section 28(1)(a) or (b), (2), (3), (7)(a)(i) or (ii), or
(b) shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $125,000 and, in the case of a
continuing offence (if applicable), to a further fine not exceeding $12,500 for every
day or part of a day during which the offence continues after conviction; or
(b)
in any other case, to a fine not exceeding $250,000 and, in the case of a continuing
offence (if applicable), to a further fine not exceeding $25,000 for every day or part
of a day during which the offence continues after conviction.
(2)
Any person that —
(a)
contravenes section 28(1)(c) or (d), (7)(a)(iii) or (iv) or 30(2);
(b)
fails to comply with —
(i)
any notice given under section 29(4), 30(1) or 31; or
(ii)
any condition imposed under section 28(5); or
(c)
in purported compliance with a notice under section 31, knowingly or recklessly
provides any information or document that is false or misleading in a material
particular,
shall be guilty of an offence.
(3)
Any person convicted of an offence under subsection (2) shall be liable on conviction
—
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(a)
in the case of an individual, to a fine not exceeding $125,000 or to imprisonment
for a term not exceeding 3 years or to both and, in the case of a continuing offence
(if applicable), to a further fine not exceeding $12,500 for every day or part of a
day during which the offence continues after conviction; or
(b)
in any other case, to a fine not exceeding $250,000 and, in the case of a continuing
offence (if applicable), to a further fine not exceeding $25,000 for every day or part
of a day during which the offence continues after conviction.
(4)
Where a person is charged with an offence in respect of a contravention of section
28(1), (2), (3) or (7), it is a defence for the person to prove that —
(a)
the person was not aware that the person had contravened section 28(1), (2), (3) or
(7), as the case may be; and
(b)
within 14 days after becoming aware of the contravention, the person —
(i)
notified the Authority of the contravention; and
(ii)
within such time as may be determined by the Authority, took such action in
relation to the person’s shareholding or control of the voting power in the
licensee incorporated in Singapore as the Authority may direct.
(5)
Where a person is charged with an offence in respect of a contravention of section
28(1), it is also a defence for the person to prove that, even though the person was aware of the
contravention —
(a)
the contravention occurred as a result of an increase in the shareholding as
described in section 27(3)(a) of, or in the voting power controlled by, any of the
person’s associates described in section 27(3)(c)(i) of;
(b)
the person had 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 shares or other interests in, or under which they act together
in exercising their voting power in relation to, the licensee incorporated in
Singapore; and
(c)
within 14 days after the date of the contravention, the person —
(i)
notified the Authority of the contravention; and
(ii)
within such time as may be determined by the Authority, took such action in
relation to the person’s shareholding or control of the voting power in the
licensee incorporated in Singapore as the Authority may direct.
(6)
Except as provided in subsections (4) and (5), it is not a defence for a person charged
with an offence in respect of a contravention of section 28(1), (2), (3) or (7) to prove that the
person did not intend to or did not knowingly contravene that provision.
Appeals
34. Any person that is aggrieved by a decision of the Authority under section 28, 29 or 30
may, within 30 days after receiving the decision of the Authority, appeal in writing to the
Minister whose decision shall be final and shall be given effect to by the Authority.
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