PART IV
OFFENCES
9. Any person who wilfully damages or destroys fishing stakes, nets, lures or fishing implements shall be guilty of an offence.
[11
10.
—(1) Any person who, except under the authority of a licence issued under this Act, uses any poisonous or explosive substance with intent to stupefy, poison or kill fish shall be guilty of an offence.
(2) Any person who is found in possession of fish which have been captured with the aid of any poisonous or explosive substance and does not give a satisfactory account as to how he came to be in possession thereof shall be guilty of an offence.
(3) When any poisonous or explosive substance by which fish can be stupefied, poisoned or killed is found in the possession or control of any person in the neighbourhood of any waters shortly after the use of such a substance in the waters, the person shall be presumed until the contrary is proved to have made use of the substance for those purposes.
(4) Any person in a fishing boat who is found to be in possession or control of any poisonous or explosive substance without a licence shall be guilty of an offence.
[12
11. Any person who lands or sells fish caught by methods prohibited, or within areas prohibited, by this Act shall be guilty of an offence.
[13
12.
—(1) No person shall use, operate or assist in the operation of a trawl-net in the territorial waters of Singapore.
[30/73]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term of not less than 3 months and not exceeding 3 years.
(3) Where it is proved to the satisfaction of a court that any vessel, net, instrument or appliance has been —
(a)
used in the commission of an offence under subsection (1); and
(b)
seized by an authorised officer or police officer,
the court shall, on the written application of the Public Prosecutor, make an order for the forfeiture of the vessel, net, instrument or appliance, notwithstanding that no person may have been convicted of the offence.
[14
[16/2000]
13.
—(1) Any person who commits an offence under this Act shall be liable, if no special penalty is provided, on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[30/73; 12/94]
(2) Any person who —
(a)
does or attempts to do or causes or permits to be done or abets an act contrary to, or fails to comply with, the provisions of this Act; or
(b)
is in breach of the restrictions or conditions subject to which any licence has been issued,
shall be guilty of an offence and shall be liable on conviction, if no special penalty is provided, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[12/94]
(3) Where an offence is continued after conviction, there shall be payable by the offender for every day during which the offence continues a fine not exceeding $50, and where the offence continues for a period exceeding 10 days after conviction the offender shall be liable to a term of imprisonment not exceeding 6 months.
(4) Notwithstanding subsection (2), the Minister may provide in any rules made under this Act which relate to the prohibition, regulation or control of the species of fish known as piranha or any other prescribed dangerous species of fish that a person who contravenes any provision thereof shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
[12/94]
(5) No prosecution in respect of an offence referred to in subsection (4) shall be instituted except with the consent of the Public Prosecutor.
[15
[12/94]
14. Any vessel, vehicle, fishing stake, net, instrument or appliance used in the commission of any offence under this Act and any fish caught or found, or any processed fish found in contravention of the provisions of this Act may be forfeited to the Director-General and, if so forfeited, shall be disposed of in such manner as the Director-General may direct.
[16
[12/94; 16/2000]
15.
—(1) Any fish seized by an authorised officer or police officer in accordance with the provisions of this Act may be sold immediately.
(2) The proceeds of sale under subsection (1) shall be held to abide the result of any prosecution or claim.
(3) Where there is no prosecution or claim, the proceeds of sale shall be paid to the person from whom the fish was seized and if that person cannot be ascertained, the proceeds of sale shall be paid to the Authority.
[17
[30/73; 16/2000]
16.
—(1) A Magistrate may order the confiscation of any vessel, vehicle, fishing stake, net, instrument or appliance used in the commission of any offence.
(2) A Magistrate may order the removal and destruction of any offending fishing stakes or part thereof, and any costs incurred in effecting their removal and destruction shall be borne by the owner of the fishing stakes.
[18
17. When a licence is granted to 2 or more persons carrying on business in partnership, each of them shall be liable for any act or omission of the other or others unless he proves to the satisfaction of the court that he had no knowledge of, or that he in no way directly or indirectly contributed to, the commission of the act or the making of the omission by the other or others.
[19
18.
—(1) The Director-General may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.
[12/94; 16/2000]
(2) The Minister may make rules to prescribe the offences which may be compounded.
[20
[12/94]
19. Where an offence under this Act is committed by an employee, the employer, in the course of whose employment the employee was at the time of committing the offence, shall also be guilty of the offence unless the employer proves to the satisfaction of the court —
(a)
that he used diligence to secure compliance with this Act; and
(b)
that the offence was committed without his knowledge, consent or connivance.
[21
20. Where an offence under this Act has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who, at the time of the commission of the offence, was a director, manager, partner, secretary or other similar officer thereof, or who was purporting to act in any such capacity, shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves —
(a)
that the offence was committed without his knowledge, consent or connivance; and
(b)
that he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
[21A
[12/94]
21. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of any offence under this Act.
[21B
[12/94]
22. Notwithstanding the provisions of any written law to the contrary, any offence under this Act (other than subsidiary legislation made thereunder) committed outside the territorial waters of Singapore by —
(a)
citizens of Singapore;
(b)
persons ordinarily resident in Singapore; or
(c)
the crew or owners of fishing vessels registered in Singapore whether or not the crew or owners are citizens of Singapore or resident in Singapore,
shall be triable in any court in Singapore as if the offence had been committed in Singapore.