On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 18/04/2013.
24.
—(1) Where an offence under this Act has been committed by a body corporate, any person who at the time of the commission of the offence was a director, secretary, manager or other officer of the company or who was purporting to act in any such capacity shall be liable to be proceeded against and punished accordingly unless he proves that —
(a)
the offence was committed without his consent or connivance; and
(b)
he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his function in that capacity and to all the circumstances.
(2) Where an offence under this Act has been committed by a limited liability partnership, any person who at the time of the commission of the offence was a partner or manager of the limited liability partnership shall be liable to be proceeded against and punished accordingly unless he proves that —
(a)
the offence was committed without his consent or connivance; and
(b)
he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his function in that capacity and to all the circumstances.
[5/2005]
(3) Any person who would have been guilty of an offence if anything had been done or omitted to be done by him personally shall be guilty of that offence and shall be liable to the same penalty if such thing had been done or omitted to be done by his partner, agent or employee in the course of his partnership business or in the course of his employment, as the case may be, unless he proves that —
(a)
the offence was committed without his knowledge or consent; and
(b)
he took all reasonable precautions to prevent the doing of or omission to do such thing.
(4) Nothing in subsection (3) shall relieve any partner, agent or employee from any liability for an offence.
(5) Where it is proved to the satisfaction of the court that any business of the licensee has been carried out with the intention of defrauding any creditor or customer of the licensee or any other person, or for any fraudulent purpose, the court may, on the application of any person who has suffered any loss as a result of the carrying on of the business in the above-mentioned manner, declare that —
(a)
in the case where the licensee is a company —
(i)
any of its directors, whether past or present, who were knowingly parties to the carrying on of the business in the above-mentioned manner; or
(ii)
any of its directors, secretaries, managers or other officers, whether past or present, who have caused the business of the licensee to be carried on in the above-mentioned manner; or
(b)
in the case where the licensee is a limited liability partnership —
(i)
any of its partners or managers, whether past or present, who were knowingly parties to the carrying on of the business in the above-mentioned manner; or
(ii)
any of its partners or managers, whether past or present, who have caused the business of the licensee to be carried on in the above-mentioned manner,
shall be personally responsible, without any limitation of liability, for all or any of the losses suffered by the applicant.
[25/2005]
(6) Where the court makes a declaration under subsection (5) against any person, the amount which such person is liable to pay to any other person pursuant to the declaration shall be enforceable by the second-mentioned person as a judgment debt.
[25/2005]
(7) In this section, “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act (Cap. 163A).
[5/2005]
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