Casino Control Act 2006 (Singapore)/Part XII

Layout 2

PART XII
ENFORCEMENT POWERS AND PROCEEDINGS

Detention of suspected person

180.—(1) A person who is—

(a) for the time being in charge of a casino;

(b) an agent of the casino operator; or

(c) a casino employee,

and who suspects on reasonable grounds that a person within the casino premises is committing, attempting to commit or has committed any offence under Part XI or under a prescribed provision of this Act may detain the suspected person in a suitable place on or near the casino premises until the arrival at the place of detention of a police officer or an inspector.

(2) A person may not be detained under this section unless—

(a) no more force is used than may be reasonably necessary;

(b) the person detained is informed of the reasons for the detention; and

(c) the person effecting the detention immediately notifies a police officer or an inspector of the detention and the reasons for the detention.

Powers of enforcement

181.—(1) In addition to the powers conferred on him by this Act or any other written law, an inspector or authorised person may, in relation to any offence under this Act, on declaration of his office and production to the person against whom he is acting such identification card as the Chief Executive may direct to be carried by inspectors or authorised persons—

(a) require any person whom he reasonably believes to have committed that offence to furnish evidence of the person’s identity;

(b) require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from such book or document; or

(c) require, by order in writing, the attendance before the inspector or authorised person of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case.

(2) Any person who—

(a) wilfully mis-states or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of him by an inspector or authorised person under subsection (1); or

(b) fails to comply with a lawful demand of an inspector or authorised person in the discharge by such inspector or authorised person of his duties under this Act or any other written law,

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 2 years or to both.

Powers of arrest

182.—(1) Any inspector or authorised person may arrest without warrant any person whom he reasonably believes has committed a seizable offence under this Act.

(2) Any inspector or authorised person who is not a police officer may exercise all or any of the powers in relation to investigations into a seizable offence conferred on a police officer by the Criminal Procedure Code (Cap. 68) in any case relating to the commission of a seizable offence under this Act or in any case where a seizable offence is disclosed under any written law in the course of an investigation under this Act.

(3) For the purposes of this section, offences punishable with imprisonment for 3 years or upwards and an offence under section 179 shall be deemed to be seizable offences within the meaning of the Criminal Procedure Code.

Refusal to give name and residence

183.—(1) Any inspector or authorised person may arrest any person whom he reasonably believes has committed a non-seizable offence under this Act in order that his name or residence may be ascertained, if that person—

(a) refuses on the demand of the inspector or authorised person to give his name and residence;

(b) gives a name or residence which the inspector or authorised person has reason to believe to be false; or

(c) gives as his residence a place not within Singapore.

(2) Any person arrested under subsection (1) shall, within 24 hours from the arrest or immediately in the case of a person who gives his residence as a place outside Singapore, be taken before a Magistrate’s Court, unless before that time his true name and residence are ascertained, in which case he shall be immediately released on his executing a bond with or without sureties before a police officer not below the rank of inspector for his appearance before a Magistrate’s Court, if so required.

(3) When any person is taken before a Magistrate’s Court, the Court may either require him to execute a bond with or without a surety for his appearance before a Magistrate’s Court if so required, or may order him to be detained in custody until he can be tried.

Appeal to Minister against Authority’s decision

184.—(1) Except as otherwise provided in this section, any decision of the Authority under this Act is final and is not subject to appeal or review.

(2) A person aggrieved by any decision of the Authority—

(a) to cancel or suspend, or to refuse to grant, any licence or other authorisation;

(b) to amend, or to refuse to amend, the conditions of any licence;

(c) to issue, or to refuse to revoke, any exclusion order under section 121; or

(d) to require the termination of a contract under section 76,

may, within 28 days of receipt of the decision, appeal to the Minister whose decision shall be final.

(3) An appeal shall—

(a) be in writing; and

(b) specify the grounds on which it is made.

(4) After consideration of an appeal, the Minister may—

(a) reject the appeal and confirm the decision; or

(b) allow the appeal (in whole or part) and substitute a new decision or vary the decision,

and the appellant shall be notified in writing of the Minister’s decision in respect of his appeal accordingly.

(5) Nothing in this section prejudices the right of the Authority to make a further decision in respect of that person for a reason considered sufficient by the Authority.

(6) An appeal against a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.

No right to compensation for cancellation, etc.

185. Subject to section 4, no right to compensation enforceable against the Authority arises in relation to the cancellation, suspension or variation of the terms of any licence, or an amendment of the conditions of any licence, under this Act.

Information gathering for law enforcement purposes

186.—(1) For the purpose of carrying out its duties and functions under this Act or obtaining information that may be of assistance to a law enforcement agency, the Authority may direct a casino operator in writing to provide the Authority with information obtained by the casino operator concerning the operations of the casino.

(2) Such direction may relate to particular information or to information generally and may relate to particular or general information concerning a specified person.

(3) The direction shall specify—

(a) the kind of information that the casino operator is required to provide; and

(b) the manner in which the information is to be provided.

(4) It is a condition of a casino licence that the casino operator shall comply with such a direction.

(5) The Authority may make information obtained by the Authority under this section available to any law enforcement agency.

(6) In this section, “law enforcement agency” means—

(a) the Singapore Police Force;

(b) the Central Narcotics Bureau;

(c) the Corrupt Practices Investigation Bureau; or

(d) any other authority or person responsible for the enforcement of any written law.

(7) The provisions of this section are in addition to, and not in derogation of, any other written law conferring powers on any law enforcement agency to obtain information.

Protection of informers

187.—(1) Except as provided in subsection (3), no witness in any civil or criminal proceedings shall be obliged—

(a) to disclose the name and address of any informer who has given information with respect to an offence under this Act; or

(b) to answer any question if the answer thereto would lead, or would tend to lead, to the discovery of the name or address of any informer.

(2) If any book, document or paper which is 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.

(3) If—

(a) in any proceedings before a court for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true; or

(b) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties thereto without the disclosure of the name of an informer,

the court may permit inquiry and require full disclosure concerning the informer.

Evidence

188.—(1) In proceedings under this Act, an assertion—

(a) that, at a specified time or during a specified period, a specified person was the Minister administering any Act;

(b) that, at a specified time or during a specified period, a specified person held, or is acting in, a specified office;

(c) that a signature purporting to be the signature of a Minister, an inspector, a police officer or an authorised person is the signature it purports to be;

(d) that, at a specified time or during a specified period, a specified person was, or was not, the holder of a specified licence, permit, approval or other authorisation under this Act; or

(e) that, at a specified time, a person attained a specified age or that, at a specified time or during a specified period, a specified person was below or above a specified age,

is evidence of the fact or facts asserted.

(2) In proceedings under this Act—

(a) a document purporting to be a copy of a direction, notice, order, requirement or decision given or made under this Act is evidence of a direction, notice, order, requirement or decision of which it purports to be a copy;

(b) a document purporting to be a copy of a licence, permit, approval or other authorisation under this Act is evidence of the licence, permit, approval or authorisation of which it purports to be a copy; and

(c) evidence that a person accepted service of a document is evidence of the authority of the person to accept service of the document.