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Contents  

Long Title

Enacting Formula

Part I PRELIMINARY

Part II CRIMINAL JURISDICTION OF SUBORDINATE COURTS

Part III POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR

Part IV INFORMATION TO POLICE AND POWERS OF INVESTIGATION

Division 1 — Duties of police officer on receiving information about offences

Division 2 — Search and seizure

Part V PREVENTION OF OFFENCES

Division 1 — Security for keeping peace and for good behaviour

Division 2 — Proceedings following order to provide security

Division 3 — Unlawful assemblies

Division 4 — Preventive action of police

Part VI ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE

Division 1 — Arrest without warrant

Division 2 — Arrest with warrant

Division 3 — General provisions for arrests with or without warrant

Division 4 — Proclamation and attachment

Division 5 — Bails and bonds

Division 6 — Notice to attend court and bonds to appear in court

Division 7 — Surrender of travel document and requirement to remain in Singapore

Division 8 — Summons to appear in court

Part VII THE CHARGE

Part VIII INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE

Part IX PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS

Division 1 — General matters

Division 2 — Criminal case disclosure procedures

Division 3 — Non-compliance with Division 2

Division 4 — Where criminal case disclosure procedures do not apply

Part X PRE-TRIAL PROCEDURES IN HIGH COURT

Division 1 — General matters

Division 2 — Committal procedures for cases triable by High Court

Division 3 — Supplementary provisions to committal procedures

Division 4 — Non-compliance with certain requirements in Division 2

Division 5 — Transmission proceedings

Division 6 — Non-compliance with certain requirements in Division 5

Part XI GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS

Division 1 — General pre-trial procedures

Division 2 — When accused pleads guilty electronically

Division 3 — Plead guilty procedures

Part XII PROCEDURE AT TRIAL IN ALL COURTS

Part XIII GENERAL PROVISIONS RELATING TO PROCEEDINGS IN COURTS

Division 1 — General provisions

Division 2 — Transfer of cases

Division 3 — Compounding of offences

Division 4 — Previous acquittals or convictions

Division 5 — Proceedings relating to persons of unsound mind

Part XIV EVIDENCE AND WITNESSES

Division 1 — Preliminary

Division 2 — Admissibility of certain types of evidence

Division 3 — Ancillary hearing

Division 4 — Special provisions relating to recording of evidence

Division 5 — Witnesses

Part XV JUDGMENT

Part XVI SENTENCES

Division 1 — Sentences in general

Division 2 — Sentence of caning

Division 3 — Suspensions, remissions and commutations of sentences

Part XVII COMMUNITY SENTENCES

Part XVIII COMPENSATION AND COSTS

Part XIX DISPOSAL OF PROPERTY

Part XX APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS

Division 1 — Appeals

Division 2 — Points reserved

Division 3 — Revision of proceedings before Subordinate Courts

Division 4 — Revision of orders made at criminal case disclosure conference

Division 5 — Criminal motions

Part XXI SPECIAL PROCEEDINGS

Division 1 — Proceedings in case of certain offences affecting administration of justice

Division 2 — Special proceedings — Order for review of detention

Part XXII MISCELLANEOUS

FIRST SCHEDULE Tabular Statement of Offences under the Penal Code

SECOND SCHEDULE Laws to Which Criminal Case Disclosure Procedures Apply

THIRD SCHEDULE Offences to Which Transmission Procedures Apply

FOURTH SCHEDULE Offences That May be Compounded by Victim

FIFTH SCHEDULE Types of Work

SIXTH SCHEDULE Consequential and Related Amendments to Other Written Laws

 
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PART VII
DISCIPLINARY PROCEEDINGS AND REVOCATION OF LICENCES
Appointment of Investigation Committees
24.
—(1)  Without prejudice to the generality of section 7(2), the Board may appoint one or more Investigation Committees, consisting of such number of members (which may include members of the Board) as the Board may determine, for the purpose of investigating into any complaint against a registered surveyor or a licensed corporation or partnership.
(2)  An Investigation Committee shall, after investigating into any complaint, report to the Board on the matter and the report shall, inter alia, deal with the question of the necessity or otherwise of a hearing by the Board under section 25 or 27.
(3)  An Investigation Committee shall meet from time to time for the despatch of business and, subject to the provisions of this Act and any rules made thereunder, may regulate its own procedure.
(4)  Any member of the Board who is a member of an Investigation Committee investigating into any complaint against a registered surveyor or a corporation or partnership —
(a)
shall not take part in any deliberation of the Board under section 25 or 27, as the case may be, with respect to that registered surveyor, corporation or partnership; and
(b)
shall be dis-regarded for the purpose of constituting a quorum of the Board for such deliberation or decision.
Cancellation of registration or suspension from practice
25.
—(1)  Subject to this section, the Board may by order cancel the registration of any registered surveyor or suspend him from practice for a period not exceeding one year under any of the following circumstances:
(a)
if he is convicted of any offence involving fraud or dishonesty or moral turpitude;
(b)
if his registration under section 12 or practising certificate was obtained by fraud or misrepresentation;
(c)
if his qualification for registration under section 12 has been withdrawn or cancelled by the authority through which it was acquired or by which it was awarded;
(d)
if he has been guilty of such improper conduct as renders him, in the opinion of the Board, unfit to be a registered surveyor;
(e)
if it appears to the Board that he has contravened section 35(1) or any provision of the prescribed code of professional conduct and ethics;
(f)
if it appears to the Board that he is no longer in a position to carry out the duties of a registered surveyor effectively;
(g)
if it appears to the Board that the registered surveyor, while being a director, manager, or employee of a corporation, or a partner, manager or employee of a partnership, had failed to take reasonable steps to prevent the corporation or partnership from acting in a manner (other than as described in section 27(1)(e)) which would warrant the Board revoking any licence granted to the corporation or partnership or imposing a penalty under section 27;
(h)
if he has been adjudicated a bankrupt;
(i)
if he has been convicted of any offence under this Act;
(j)
if he refuses or fails to comply with any order of the Board made under subsection (2)(a) or (c); or
(k)
if he refuses or fails to pay the cost of any correction to his title survey within 14 days of the receipt of a statement issued to him under section 36(4).
(2)  The Board may, in any case in which it considers that no cause of sufficient gravity for cancellation of registration or suspension from practice exists —
(a)
by order impose on the registered surveyor a penalty not exceeding $10,000;
(b)
by writing under the hand of the President censure the registered surveyor; or
(c)
order the registered surveyor to pay the cost of any correction to his title survey incurred by the Chief Surveyor.
(3)  The Board shall not exercise its powers under subsection (1) or (2) unless —
(a)
an opportunity of being heard either personally or by counsel has been given to the registered surveyor against whom the Board intends to exercise its powers; and
(b)
there has been a hearing at which at least 3 members of the Board are present.
(4)  Every penalty imposed by the Board under subsection (2)(a) shall be recoverable as a debt due to the Board.
(5)  While any order of suspension from practice made under this section remains in force, the person concerned shall not for the purposes of this Act be regarded as having in force a practising certificate but forthwith on the expiry or annulment of such order, his privileges as a registered surveyor shall be revived as from the date of expiry or annulment.
(6)  An order of cancellation of registration or suspension from practice shall not take effect until the expiration of a period of 30 days after the Board has informed the person concerned, but if within that period the person concerned gives due notice of appeal to the High Court, the order shall not take effect unless the order is confirmed by the Court or the appeal is for any reason dismissed by the Court.
(7)  For the purposes of subsection (1)(g), a registered surveyor shall not be deemed to have taken reasonable steps to prevent the doing of any act by a corporation or partnership unless he satisfies the Board that —
(a)
the act was done without his knowledge;
(b)
he was not in a position to influence the conduct of the corporation or partnership in relation to its action; or
(c)
he, being in such a position, exercised all due diligence to prevent the corporation or partnership from so acting.
(8)  In this section, references to acts done include references to omissions to act and to a series of acts or omissions to act.
Removal from registers
26.
—(1)  There shall be removed from the register of surveyors and register of practitioners the name and other particulars of any registered surveyor —
(a)
who has died;
(b)
whose registration has been cancelled under section 25; or
(c)
who has not renewed his practising certificate for a continuous period of not less than 10 years.
(2)  Any registered surveyor may apply to the Board to have his name removed from the register of surveyors.
(3)  Every application under subsection (2) shall be made in the prescribed form and shall be supported by an affidavit served on the Board not less than two months before the application is heard.
(4)  The Board may for good cause require the applicant to advertise his intention to make the application in such manner as the Board shall direct.
(5)  Subject to subsection (6), the Board may after hearing the application direct the Registrar to remove the name of the applicant from the register of surveyors.
(6)  No order shall be made on an application under subsection (2) if the Board is satisfied that —
(a)
disciplinary action is pending against the applicant; or
(b)
the conduct of the applicant is the subject of inquiry or investigation by an Investigation Committee.
Revocation of licence
27.
—(1)  Subject to subsection (3), the Board may by order revoke any licence it granted to a corporation or partnership if in the opinion of the Board —
(a)
the corporation or partnership has contravened or failed to comply with any of the conditions imposed by the Board under section 18;
(b)
the memorandum or articles of association of the corporation have been so altered that they no longer include the restrictions, limitations or prohibitions of the kind specified in section 17(1), (2) or (4), whichever is applicable;
(c)
a person who is neither a registered surveyor who has in force a practising certificate nor an allied professional has a beneficial interest in the capital assets and profits of the partnership;
(d)
the licence had been obtained by fraud or misrepresentation;
(e)
the corporation or partnership has ceased to supply title survey services in Singapore;
(f)
the corporation or partnership has contravened or failed to comply with section 19, 20 or 21, or has been convicted of an offence under this Act;
(g)
the corporation or partnership has contravened any provision of the prescribed code of professional conduct and ethics;
(h)
the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership, affords grounds for believing that the corporation or partnership, as the case may be, will not engage in title survey work in Singapore in accordance with the written law and with honesty and integrity;
(i)
the corporation or partnership has refused or failed to comply with an order of the Board made under subsection (2); or
(j)
the corporation or partnership refuses or fails to pay the cost of any correction to its title survey within 14 days of the receipt of a statement issued to it under section 36(4).
(2)  The Board may, in any case in which it considers that no cause of sufficient gravity for revoking a licence exists —
(a)
by order impose on the corporation or partnership concerned a penalty not exceeding $20,000 and every such penalty shall be recoverable as a debt due to the Board; or
(b)
order the corporation or partnership to pay the cost of any correction to its title survey incurred by the Chief Surveyor.
(3)  The Board shall not exercise its powers under subsection (1) or (2) unless —
(a)
an opportunity of being heard by a representative in writing or by counsel had been given to the corporation or partnership against whom the Board intends to exercise its powers; and
(b)
at least 3 members of the Board are present at the hearing.
(4)  Where the Board has revoked a licence pursuant to this section, it shall forthwith inform the corporation or partnership concerned.
(5)  Any order of revocation made by the Board shall not take effect until the expiration of 30 days after the Board has informed the corporation or partnership concerned and if within that period the corporation or partnership gives due notice of appeal to the High Court, the order shall not take effect unless the order is confirmed by the Court or the appeal is for any reason dismissed by the Court.
(6)  Where an order of revocation becomes effective —
(a)
the Registrar shall cause notice of the revocation to be published in the Gazette and shall cancel the entry in the register of licensees relating to the corporation or partnership concerned; and
(b)
the corporation or partnership concerned shall, as from the date of the notice, cease to supply title survey services in Singapore except as may be approved by the Board for the purpose of winding up its business.
(7)  Subsection (6) (b) shall not prejudice the enforcement by any person of any right or claim against the corporation or partnership or by the corporation or partnership of any right or claim against any person.
Appeals
28.  If the Board has made —
(a)
an order of cancellation of registration or suspension from practice under section 25 against a registered surveyor;
(b)
an order of revocation of a licence under section 27 against a corporation or partnership; or
(c)
an order imposing any pecuniary penalty on a registered surveyor under section 25(2) or on a licensed corporation or partnership under section 27(2),
the surveyor, corporation or partnership concerned may, within 30 days after the order or penalty has been communicated to him or them, appeal to the High Court whose decision shall be final.
Reinstatement of registration
29.  The Board may in its discretion, after the expiration of not less than one year from the cancellation of registration of any person, consider any application for registration by that person in accordance with the provisions of Part IV.
Powers of Investigation Committee and Board to require attendance of witnesses, etc
30.
—(1)  For the purposes of any investigation by an Investigation Committee or any hearing under section 25 or 27 by the Board, the Investigation Committee or the Board may —
(a)
require evidence to be given on oath and for that purpose the Chairman of the Investigation Committee or any member of the Board, as the case may be, may administer an oath; and
(b)
require any person to attend and give evidence before it and to produce all books, documents and papers in the custody of that person or under his control relating to the subject-matter of the investigation or hearing.
(2)  Every person who without lawful excuse refuses or fails —
(a)
to attend and give evidence when required to do so by the Investigation Committee or the Board;
(b)
to answer truly and fully any question put to him by a member of the Investigation Committee or the Board; or
(c)
to produce to the Investigation Committee or the Board any book, document or paper required of him,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.