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On 26/09/2017, you requested the version in force on 26/09/2017 incorporating all amendments published on or before 26/09/2017. The closest version currently available is that of 01/06/2017.
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PART III
MISCELLANEOUS AND GENERAL
Territorial scope of offences under this Act
11.
—(1)  Subject to subsection (3), the provisions of this Act shall have effect, in relation to any person, whatever his nationality or citizenship, outside as well as within Singapore.
(2)  Where an offence under this Act is committed by any person in any place outside Singapore, he may be dealt with as if the offence had been committed within Singapore.
(3)  For the purposes of this section, this Act applies if —
(a)
for the offence in question, the accused was in Singapore at the material time;
(b)
for the offence in question (being one under section 3, 4, 5, 6, 7 or 8), the computer, program or data was in Singapore at the material time; or
(c)
the offence causes, or creates a significant risk of, serious harm in Singapore.
(4)  In subsection (3)(c), “serious harm in Singapore” means —
(a)
illness, injury or death of individuals in Singapore;
(b)
a disruption of, or a serious diminution of public confidence in, the provision of any essential service within the meaning of section 15A(12) in Singapore;
(c)
a disruption of, or a serious diminution of public confidence in, the performance of any duty or function of, or the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board; or
(d)
damage to the national security, defence or foreign relations of Singapore.
     Example 1.— The following are examples of acts that seriously diminish or create a significant risk of seriously diminishing public confidence in the provision of an essential service:
    (a) publication to the public of the medical records of patients of a hospital in Singapore;
    (b) providing to the public access to the account numbers of customers of a bank in Singapore.
     Example 2.— The following are examples of acts that seriously diminish or create a significant risk of seriously diminishing public confidence in the performance of any duty or function of, or the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board:
    (a) providing to the public access to confidential documents belonging to a ministry of the Government;
    (b) publication to the public of the access codes for a computer belonging to a statutory board.
(5)  For the purposes of subsection (3)(c), it is immaterial whether the offence that causes the serious harm in Singapore —
(a)
causes such harm directly; or
(b)
is the only or main cause of the harm.
(6)  In subsection (4)(c), “statutory board” means a body corporate or unincorporate established by or under any public Act to perform or discharge a public function.
Amalgamation of charges
11A.
—(1)  This section applies when a person is alleged to have committed 2 or more acts —
(a)
each of which is an offence under the same provision in Part II;
(b)
that involve the same computer; and
(c)
that are committed in a period that does not exceed 12 months.
(2)  Despite section 124 of the Criminal Procedure Code (Cap. 68), it is sufficient for the charge in respect of those acts to specify —
(a)
particulars of that computer; and
(b)
the dates between which the acts are alleged to have been committed,
without specifying the exact dates the acts are committed.
(3)  A charge framed in accordance with subsection (2) is treated as a charge of one offence.
(4)  If the particulars mentioned in subsection (2)(a) and (b) do not give the accused sufficient notice of what the accused is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose.
Jurisdiction of Courts
12.  A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any offence under this Act.
Composition of offences
12A.
—(1)  The Commissioner of Police or any person authorised by him 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 $3,000.
[25/2003]
(2)  The Minister may make regulations to prescribe the offences which may be compounded.
[25/2003]
Order for payment of compensation
13.
—(1)  The court before which a person is convicted of any offence under this Act may make an order against him for the payment by him of a sum to be fixed by the court by way of compensation to any person for any damage caused to his computer, program or data by the offence for which the sentence is passed.
(2)  Any claim by a person for damages sustained by reason of the offence shall be deemed to have been satisfied to the extent of any amount which has been paid to him under an order for compensation, but the order shall not prejudice any right to a civil remedy for the recovery of damages beyond the amount of compensation paid under the order.
(3)  An order of compensation under this section shall be recoverable as a civil debt.
Saving for investigations by police and law enforcement officers
14.  Nothing in this Act shall prohibit a police officer, an authorised person within the meaning of section 39 of the Criminal Procedure Code 2010 or any other duly authorised law enforcement officer from lawfully conducting investigations pursuant to the powers conferred on him under any written law.
[21/98; 42/2005]
[15/2010 wef 02/01/2011]
Power of police officer to access computer and data
15.  [Repealed by Act 42 of 2005]
Cybersecurity measures and requirements
15A.
—(1)  Where the Minister is satisfied that it is necessary for the purposes of preventing, detecting or countering any threat to the national security, essential services or defence of Singapore or foreign relations of Singapore, the Minister may, by a certificate under his hand, authorise or direct any person or organisation specified in the certificate (referred to in this section as the specified person) to take such measures or comply with such requirements as may be necessary to prevent, detect or counter any threat to a computer or computer service or any class of computers or computer services.
(2)  The measures and requirements referred to in subsection (1) may include, without limitation —
(a)
the exercise by the specified person of the powers referred to in sections 39(1)(a) and (b) and (2)(a) and (b) and 40(2)(a), (b) and (c) of the Criminal Procedure Code (Cap. 68);
(b)
requiring or authorising the specified person to direct another person to provide any information that is necessary to identify, detect or counter any such threat, including —
(i)
information relating to the design, configuration or operation of any computer, computer program or computer service; and
(ii)
information relating to the security of any computer, computer program or computer service;
(c)
providing to the Minister or a public officer authorised by him any information (including real-time information) obtained from any computer controlled or operated by the specified person, or obtained by the specified person from another person pursuant to a measure or requirement under paragraph (b), that is necessary to identify, detect or counter any such threat, including —
(i)
information relating to the design, configuration or operation of any computer, computer program or computer service; and
(ii)
information relating to the security of any computer, computer program or computer service; and
(d)
providing to the Minister or a public officer authorised by him a report of a breach or an attempted breach of security of a description specified in the certificate under subsection (1), relating to any computer controlled or operated by the specified person.
(3)  Any measure or requirement referred to in subsection (1), and any direction given by a specified person for the purpose of taking any such measure or complying with any such requirement —
(a)
shall not confer any right to the production of, or of access to, information subject to legal privilege; and
(b)
subject to paragraph (a), shall have effect notwithstanding any obligation or limitation imposed or right, privilege or immunity conferred by or under any law, contract or rules of professional conduct, including any restriction on the disclosure of information imposed by law, contract or rules of professional conduct.
(4)  A specified person who, without reasonable excuse, fails to take any measure or comply with any requirement directed by the Minister under subsection (1) 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 10 years or to both.
(5)  Any person who, without reasonable excuse —
(a)
obstructs a specified person in the taking of any measure or in complying with any requirement under subsection (1); or
(b)
fails to comply with any direction given by a specified person for the purpose of the specified person taking any such measure or complying with any such requirement,
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 10 years or to both.
(6)  No civil or criminal liability shall be incurred by —
(a)
a specified person for doing or omitting to do any act if the specified person had done or omitted to do the act in good faith and for the purpose of or as a result of taking any measure or complying with any requirement under subsection (1); or
(b)
a person for doing or omitting to do any act if the person had done or omitted to do the act in good faith and for the purpose of or as a result of complying with a direction given by a specified person for the purpose of taking any such measure or complying with any such requirement.
(7)  The following persons shall not be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct:
(a)
a specified person who, in good faith, obtains any information for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection, or who discloses any information to the Minister or a public officer authorised by the Minister, in compliance with any requirement under that subsection;
(b)
a person who, in good faith, obtains any information, or discloses any information to a specified person, in compliance with a direction given by the specified person for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection.
(8)  The following persons, namely:
(a)
a specified person to whom a person has provided information in compliance with a direction given by the specified person for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection;
(b)
a person to whom a specified person provides information in compliance with any requirement under subsection (1),
shall not use or disclose the information, except —
(i)
with the written permission of the person from whom the information was obtained or, where the information is the confidential information of a third person, with the written permission of the third person;
(ii)
for the purpose of preventing, detecting or countering a threat to a computer, computer service or class of computers or computer services;
(iii)
to disclose to any police officer or other law enforcement authority any information which discloses the commission of an offence under this Act or any other written law; or
(iv)
in compliance with a requirement of a court or the provisions of this Act or any other written law.
(9)  Any person who contravenes subsection (8) 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 12 months or to both.
(10)  Where an offence is disclosed in the course of or pursuant to the exercise of any power under this section —
(a)
no information for that offence shall be admitted in evidence in any civil or criminal proceedings; and
(b)
no witness in any civil or criminal proceedings shall be obliged —
(i)
to disclose the name, address or other particulars of any informer who has given information with respect to that offence; or
(ii)
to answer any question if the answer would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer.
(11)  If any book, document, data or computer output which is admitted in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to his discovery, the court shall cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.
(12)  In subsection (1), “essential services” means —
(a)
services directly related to communications infrastructure, banking and finance, public utilities, public transportation, land transport infrastructure, aviation, shipping, or public key infrastructure; or
(b)
emergency services such as police, civil defence or health services.
[Act 3 of 2013 wef 13/03/2013]
Arrest by police without warrant
16.  Any police officer may arrest without warrant any person reasonably suspected of committing an offence under this Act.