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(a)
an employee or agent of the unincorporated association of the partnership engaged
in that conduct within the scope of his or her actual or apparent authority; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
(2)
Where an unincorporated association or a partnership commits an offence under this
Act, a person —
(a)
who is —
(i)
an officer of the unincorporated association or a member of its governing
body;
(ii)
a partner in the partnership; or
(iii)
an individual who is involved in the management of the unincorporated
association or partnership and is in a position to influence the conduct of the
unincorporated association or partnership (as the case may be) in relation to
the commission of the offence; and
(b)
who —
(i)
consented or connived, or conspired with others, to effect the commission of
the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or
is party to, the commission of the offence by the unincorporated association
or partnership; or
(iii)
knew or ought reasonably to have known that the offence by the
unincorporated association or partnership (or an offence of the same type)
would be or is being committed, and failed to take all reasonable steps to
prevent or stop the commission of that offence,
shall be guilty of the same offence as is the unincorporated association or partnership (as the
case may be), and shall be liable on conviction to be punished accordingly.
(3)
A person mentioned in subsection (2) may rely on a defence that would be available to
the unincorporated association or partnership if it were charged with the offence with which
the person is charged and, in doing so, the person bears the same burden of proof that the
unincorporated association or partnership would bear.
(4)
To avoid doubt, this section does not affect the application of —
(a)
Chapters V and VA of the Penal Code (Cap. 224); or
(b)
the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility
of evidence.
(5)
To avoid doubt, subsection (1) also does not affect the liability of an unincorporated
association or a partnership for an offence under this Act, and applies whether or not the
unincorporated association or partnership is convicted of the offence.
(6)
In this section —
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“officer”, in relation to an unincorporated association (other than a partnership), means
the president, the secretary, or any member of the committee of the unincorporated
association, and includes —
(a)
any person holding a position analogous to that of president, secretary or member
of a committee of the unincorporated association; and
(b)
any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“state of mind” of a person includes —
(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
Offences by officers
94.—(1) Any officer of —
(a)
a licensee; or
(b)
a participant, an operator or a settlement institution of a payment system;
whose duty is or includes ensuring that the licensee, participant, operator or settlement
institution, as the case may be, complies with a provision of this Act, who fails to take all
reasonable steps to secure such compliance, 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.
(2)
Any officer of —
(a)
a licensee; or
(b)
a participant, an operator or a settlement institution of a payment system;
whose duty is or includes submitting information to the Authority or any other person under
this Act, who fails to take all reasonable steps to ensure the accuracy and correctness of any
information so submitted, shall (if such failure is not already an offence under section 96(1) or
(2)) 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.
(3)
In any proceedings against an officer under subsection (1) or (2), it is a defence for the
officer to prove that he or she had reasonable grounds for believing that —
(a)
another individual was charged with the duty of —
(i)
securing compliance with the requirements of this Act; or
(ii)
ensuring that the information submitted was accurate,
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as the case may be; and
(b)
that individual was competent, and in a position, to discharge that duty.
(4)
An officer is not to be sentenced to imprisonment for any offence under subsection (1)
or (2) unless, in the opinion of the court, he or she committed the offence wilfully.
Falsification of records by officers, etc.
95.—(1) Any officer, auditor, employee or agent of —
(a)
licensee; or
(b)
a participant, an operator or a settlement institution of a payment system;
who—
(i)
wilfully makes, or causes to be made, a false entry in any book, or in any report,
slip, document or statement of the business, affairs, transactions, conditions or
assets of that licensee, participant, operator or settlement institution, as the case
may be;
(ii)
wilfully omits to make an entry in any book, or in any report, slip, document or
statement of the business, affairs, transactions, conditions or assets of that licensee,
participant, operator or settlement institution, as the case may be, or wilfully causes
any such entry to be omitted; or
(iii)
wilfully alters, extracts, conceals or destroys an entry in any book, or in any report,
slip, document or statement of the business, affairs, transactions, conditions or
assets of that licensee, participant, operator or settlement institution, as the case
may be, or wilfully causes any such entry to be altered, extracted, concealed or
destroyed,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000
or to imprisonment for a term not exceeding 3 years or to both.
(2)
In subsection (1), “officer” includes a person purporting to act in the capacity of an
officer.
Duty to use reasonable care not to provide false information to Authority
96.—(1) Any individual who provides the Authority with any information under or for the
purposes of any provision of this Act must use reasonable care to ensure that the information
is not false or misleading in any material particular.
(2)
Any individual who —
(a)
signs any document lodged with the Authority; or
(b)
lodges with the Authority any document by electronic means using any
identification or identifying code, password or other authentication method or
procedure assigned to him or her by the Authority,
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