legal_help_clean.csv

MESSAGE,RESPONSE
What are the requirements for me to adopt my nephew whom I have been caring like my own for 7 years after parents' divorce?,You may wish to visit this site: https://app.adoption.gov.sg/AdoptionProcess.aspx
"how to have a properly adopted in accordance with the laws of Singapore for my godson,who is a PR now",You may want to refer to this site:https://app.msf.gov.sg/Adoption/How-to-adopt-a-citizen-or-PR
we have been raising our grandchild from birth till 4 now. our daughter bore her out of wedlock and since left us. how can we apply for adoption/legal guardian?,You would have to apply to the Family Courts: see https://www.familyjusticecourts.gov.sg/Common/Pages/Adoption.aspx for more information. You are advised to consult a lawyer as there are various processes involved.
"I was legally adopted since young. Many years later, i found my biological parents. How do i legally formalize our relationship?",Your biological parents will have to apply to the family court for an adoption order (the law recognizes your adopted parents as your legal parents). There are various requirements - and you must be less than 21 years old at the date of the application. You are advised to consult a lawyer if you wish to proceed.
Can an adoption be reversed? Both adoptive parents and birth mother have discussed and are willing.,"We are not aware of any such cases as the Adoption Act does not provide for the reversal of adoption. However, as a matter of principle, this should be possible - the birth mother can adopt the child back."
"My Vietnamese wife is a divorcee with a 4 yr old daughter. How do I go about legally adopting her as my step daughter? My wife has full custody, as stated in her divorce paper. How is this process take and what kind of range of lawyer fees I'm looking","The process of adoption is set out at http://app.msf.gov.sg/Adoption/Whocanadopt.aspxDepending on the specific details, the entire process will take a few months. The fees will vary between firms - you are advised to check with various firms for a quote."
How can I adopt a daughter in Singapore?,Please see this link:http://app.msf.gov.sg/Adoption/Whocanadopt.aspx
Parents were born in China and adopted a child. Does the adopted child entitled to the parents intestate estate ?,"This depends on whether the child has been properly adopted in accordance with the laws of Singapore. If the child is properly adopted, then by virtue of section 3 of the Intestate Succession Act, he or she will be properly entitled to the parent's estate, subject to the terms of the Intestate Succession Act. Section 3 provides that  ?child? means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei."
How can I adopt a son in Singapore?,"In order to adopt a child in Singapore, you must fulfil certain guidelines laid down by the Ministry of Social and Family Development. These can be found here: http://app.customerfeedback.mcys.gov.sg/fcd_faqmain.asp?strFAQSysid=2004919155835&strItemChoice=200499134018&strSubItemChoice=2004919114225&action=SHOWTOPICS&m_strTopicSysID=2004919114242 Essentially, the requirements are that you must be a resident of Singapore, be at least 25 years of age and be at least 21 years older than the child. There are other requirements which may found at the link above."
"As an applicant, what is the effect if I adopt a child?","Once the adoption order is made, you take on all parental rights, duties, obligations and liabilities in relation to the child: e.g. you will have to maintain the child and look after his physical, mental and social well-being. You will have the right to make decisions in relation to the child: e.g. education, religion and medical treatment."
"As a parent, what is the effect if I consent to my child being adopted?","One of the requirements before an adoption order can be made is that the consent of the natural parent is given in the prescribed form. By signing the prescribed form, you would be stating under oath that you understand the nature and effect of an adoption order; in particular, you will be deprived of your parental rights to the child. All your rights, duties, obligations and liabilities to the child are extinguished. Once the adoption order is made, the parental ties between you and the child are severed and you will not be able to see your child."
What is adoption?,"Adoption is a legal process where parental rights over a child are conferred to the applicants, who may not be the natural parents of the child. The Court will appoint a Guardian in Adoption (GIA) for the child, whose role is to safeguard the child? s legal interest before the Court. The GIA will investigate the circumstances of the adoption and report to the Court. The Court would only grant an adoption order after it is satisfied that the requirements of the Adoption of Children Act (Cap 4) have been complied with and that it is in the best interests of the child to be adopted."
Can a foreigner Muslim married man allowed to be married a Singaporean wife as his second wife?,You would have to obtain permission from the Kadi (and also MOM if you intend to stay in Singapore). Please visit this site for more details:https://www.romm.gov.sg/about_marriage/romm_polygyny.asp
Am I able to marry a foreigner who has undergone sex reassignment but is not able to change gender legally on her identity card?,No.
"In our agreed Matrimonial Property plan, it is documented to sell our flat within one year of our Final Judgement Order. Now, we want to delay the sale for another 3 years, do we need to file for a court order to update this or can we just mutually agree","You can mutually agree although we suggest that this should be recorded in writing. However, if a breach of this agreement arises and you wish to enforce the Court order, you may need to vary the order later (this depends on the specific terms of your agreement)."
my parents are pioneer generations who only had customary wedding in Singapore n did not ROM.how to proof they r husband n wife cos we need to bring such proof to china for some legal matters. Thanks,You can try calling the ROM and asking them.
"An expat man, from European Union (EU) country, and a Singaporean woman plan to get married. From man's pov, where is better to sign marriage certificate, in Singapore or in EU? Does it matter in the case of an unpleasant situation of divorce?",It depends on which country and the specific concerns and issues that are at hand.
"Can I legally have 2 marriage certificates in different country, one in Singapore and one in Indonesia? I plan solemnization in Singapore and my grand wedding in Indonesia and here I need to sign marriage certificate Indonesia version.","yes. However, you should seek legal advice on Indonesian law."
"My husband & me are PR, do we need to sell the HDB flat if we divorce ? If I'm Spore citizen, can keep the HDB flat ?","This depends on the Court order, and whether either of you are able to comply with the HDB rules."
Can I sue my husband (we are still legally married) for slander and emotional distress? He left home 3 months ago.,"Yes, you can sue your spouse."
Can a woman demand a man to marry her if she is found to pregnant with his child? What actions can be taken if the man rejects all responsibilities for mother and unborn child?,"No - the women cannot demand for marriage - that is a moral obligation, not a legal obligation. The mother can apply for maintenance on behalf of the child (after the child is born)."
A divorce obtained overseas does it need to be registered in singapore,There is generally no obligation to register a divorce in Singapore.
"Under hdb foreign wife scheme, the wife has no right to the house. How to protect her monetary investment in the house?","In the event of a divorce, the house will form part of the matrimonial assets and the wife may be entitled to her fair share of the matrimonial assets notwithstanding the fact that she is not named as an owner."
"Based on a non consummated marriage, what is the process to annul my marriage? ",You can move to nullify the marriage. You can find out the process from the Family Court website.
I need lawyer advice for divource,You may want to consider approaching the Legal Aid Bureau for assistance (http://www.lab.gov.sg/).
"Both my wife and I converted to Singapore citizen already, can i divorce in my home country?","This depends on the law in China, whether it is possible to divorce in China out of a marriage that was conducted overseas. We are not familiar with Chinese law."
"if a singaporean buys a resale hdb flat then marries a foreigner ,is foreign spouse entitled to hdb share after divorce?","If the HDB property is used as the matrimonial home, it will form part of matrimonial property. If so, it will form part of the pool of assets which the Court will divide between the parties after divorce."
i have a divorce case and my children is with my wife and she has block all means of communication and access to them. I need help as I have no means to pay a lawyer. I am not residing in Singapore as I left Singapore due to constant threat of my in laws,You may wish to seek free legal aid at the Legal Aid Bureau. You can see their services here:http://www.lab.gov.sg/content/dam/minlaw/lab/Eligibility/Legal%20Aid%20Bureau%20-%20Flyer.pdfPlease note that you will have to pass their means and merits tests.It is preferable that you return to Singapore to deal with these matters.
I am in the middle of divorce process and I couldn't possibly afford to pay my lawyer anymore. Help advise please...,You may wish to seek help at the Legal Aid Bureau to see if they are able to assist. You may find a PDF brochure of their services and requirements here: http://www.lab.gov.sg/content/dam/minlaw/lab/Eligibility/Legal%20Aid%20Bureau%20-%20Flyer.pdfPlease take note that you will need to pass a means test and a merits test.
Can you tell me the general steps in getting a divorce?,"If there is no contest to the divorce and all documents are duly confirmed and filed, then the matter will be set down for hearing before a Judge. Once the Judge is satisfied that there is an irretrievable breakdown of the marriage, the Judge will gramt an Interim Judgment (Divorce).This Interim Judgment will be made final after all ancillary issues relating to custody, care and control, assess, maintenance, division of matrimonial assets have been settled. Generally, it takes about three months after the issuance of the Interim Judgment for the Certificate of Making Interim Judgment Final will be issued. Before this is issued, the parties cannot entered into another marriage. If the divorce is contested, parties will be required to attend a court hearing to present their sides of the story and for the Judge to adjudicate as to who is right and wrong and whether to grant the divorce."
What should I do if I am sued for divorce?,"If you are sued for divorce, you will be served with the Writ of Divorce with other court documents. It is important that you read all documents carefully. If you do not understand anything, it is recommended that you consult with a lawyer. It is important that you do not sign anything without understanding the consequences, for it could result in unintended outcomes. The first major decision you need to make is whether you wish to contest the divorce. Contesting the divorce simply means that you object to the divorce. If you wish to contest this, you will need to state so in the Memorandum of Appearance and then file a Defence and perhaps a counterclaim. Even if you decide not to contest, you can still challenge your spouse's proposals for custody, care and control, assess, maintenance, division of matrimonial assets, and costs. It is important for you to abide by the timelines stipulated in all these documents."
How to apply for legal help for separation?,You could try applying at the Legal Aid Bureau. Their contact details are found at www.lab.gov.sg.
How do I annul my marriage?,"Reasons for annulling your marriage include the following:(a) the marriage has not been consummated due to the incapacity of either party to consummate it(b) the marriage has not been consummated due to the wilful refusal of the other spouse to consummate it(c) either party did not really consent to the marriage, for example, due to threats, mistakes or unsoundness of mind(d) mental illness rendering the person unfit for marriage(e) at the time of the marriage the wife was pregnant by some other person other than the husband"
What is the effect of annulling my marriage?,An annulment granted by the Court places you in the position you were before you were married  ? as if you have never been married before.
Usually how long will a standard divorce procedure takes and the amount that will the initiating party have to pay on legal fees? The reason for the divorce is both parties are no longer in good relationship or talking terms since 20years ago.,"The time period for the divorce depends on whether it is contested or uncontested, and whether both parties co-operate in the process. The quickest scenario is an uncontested, or simplified, divorce, where the parties have agreed on all the issues and consent to the divorce. Then, if the court finds that the marriage has irretrievably broken down, the court may grant an Interim Judgment. Final Judgment can only be granted three months thereafter. If the divorce is contested, then the outstanding issues will need to be resolved, which will lengthen the process."
My husband committed adultery. I wish to divorce. I wish to know kid custody will normally to go mother or father? Can I sell away my new EC which is less than a year with bank loan?,"There is no general rule for whether custody goes to the mother or father. The court would decide based on what is in the welfare of the child  ? and subject to that, the wishes of the parents and the child (provided he/she is old enough to express an independent opinion). The flat may be sold if the minimum occupancy period has been completed. Otherwise, the flat will have to be returned for compensation, subject to HDB? s approval."
Me and my ex-husband (Both Malaysian) were married in Singapore 6 years ago and were divorced in Malaysia. Do we need to recognize/ endorse the foreign decree in Singapore to dissolve our marriage?,"Yes; potentially, the courts may recognize your foreign decree on the grounds that you are Malaysian and the divorce judgement was hence granted by a court of your domicile, that the court exercised jurisdiction in the same way that a Singapore court would have, or that there is a real and sufficient connection between the court and you and/or your ex-husband."
"Will it be disadvantage to the person initiating a divorce when determining child custody?In other word, the person who initiate divorce is viewed unfavourably when determining child custody or worse - denied child custody","No, there is no disadvantage. The paramount concern for the court in deciding custody arrangements is the welfare of the child  ? and subject to that, the wishes of the parents and the child (provided he/she is old enough to express an independent opinion)."
I entered into a scam marriage in 2013 and both of us were arrested and sentenced. She was deported in January 2014 and since then lost contact. Now I want file for divorce and I like to know how to proceed without incurring high legal cost,"Section 11A of the Women's Charter provides that marriages of convenience (including sham marriages) registered on or after 1 October 2016 is void.??As your marriage was in 2013, your marriage would be recognised as a valid marriage and you will need to file for divorce. In order to file for a divorce in Singapore, you must prove that the marriage has irretrievably broken down. You will then have to file the writ for divorce, statement of claim and a statement of particulars in the Family Justice Courts, subject to approval."
"How can I request for a lump sum maintenance instead of monthly payments as I wanted a clean break, and not worrying that there might be changes in future.","A request can be made out to the court. As stated in section 115(1) of the Women's Charter, the court has discretion to determine if the maintenance order provides for the payment of a lump sum or such periodical payment. A lump sum payment would usually only be ordered when the husband has the financial means, for example, if he possesses valuable assets."
"If mutually agreed to divorce amicably, what is the procedure and how long it takes to complete it?","A divorce can only be filed after attending the Mandatory Parenting Programme (if applicable), and obtaining leave from Court if you have been married for less than three years. Before commencing divorce proceedings, several documents need to be filed in court. It will take anywhere from upwards of 2 months to complete the full divorce proceedings. Please visit https://www.familyjusticecourts.gov.sg/Common/Pages/Divorce.aspx for more details."
My wife and I got married in Malaysia when we were Malaysians. We have recently converted to Singapore citizens. We will be officially receiving pink ic in another 3 months. Where should we divorce?,"Per s93(1) Women's Charter, the two of you can divorce in Singapore provided at least one of you was domiciled in Singapore when proceedings commenced, or habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings."
How do I get a copy of my divorce papers,You can apply to the Courts for a copy.
"im an 18 year old boy living in singapore and my parents might be going through divorce , i want to know my legal rights if they decide to divorce.","As you are under the age of 21 years, you are considered a child of a marriage. In the event of a divorce, there are two general considerations: (1) child custody, which grants the custodial parent(s) authority to make major decisions regarding the child; and (2) care and control, which is given to the parent whom the child will live with. In deciding the type of custody order, the Court will look at the best interests of the child by considering money or physical comfort, the child? s moral, religious and physical well-being, ties of affection to the parent, etc. Where necessary, the Judge may ask for social service reports or counselling sessions to assess the child? s and parents? state and the type of custody order suited for them.In general, care and control is awarded to mothers, unless the mother agrees to the father? s request, or the child is at an age where he/she is able to express clearly to the Court his/her desire to stay with the father. If the mother is found to be abusive or neglectful of her child, the Court may order an evaluation report by the Family Court counsellor before coming to a decision."
I and wife are not staying in the same house for last 8 months. Before that we were staying in same house in different rooms but we have nothing to prove it. Is it possible to go for uncontested divorce on the basis of 3 yr separation if both agree even i,Generally yes.
"my vietnam wife is not contactable by any means at all suddenly , how can i get my marriage divorce as I got married with her last year only? is there a way for me to get this done as its seems that she doesn't want this marriage at all, I tried to c","Under Singapore law, you would not be able to obtain a divorce until after 3 years after the marriage unless you can show exceptional hardship. The fact that you have lost contact with her will not be sufficient."
My wife is a thai national holding a Singapore PR. She walk out from my life since 2005 and remained un-contactable. Can I still proceed with the divorce?,Yes.
I am a Singapore citizen married to a foreign spouse. We have a 1 year old daughter. My spouse is intending to bring the child back to her home country and get a divorce in Singapore. I would like to know the procedure for contested divorce and child cust,Please see this page for more details:https://www.familyjusticecourts.gov.sg/Common/Pages/FAQs-on-Divorce.aspx
can the court grant divorce during separation?,"The Court can only grant a divorce in the following circumstances:- your spouse has committed adultery, and you find it intolerable to live with him or her- your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her- your spouse has deserted you for at least two years- if your spouse agrees to the divorce, that you and your spouse have been separated for at least three years- if your spouse does not agree to the divorce, that you and your spouse have been separated for at least four years."
I am served a writ of divorce and the only claim of relief is the marriage to be dissolved. Will the court award any alimony or if the statement of particulars stated some monetary losses by the plantiff during the process of dissolution?,"Notwithstanding the contents of the writ, the Court has the power to award maintenance in appropriate cases."
"If I want to divorce my wife, and have custody of my children aged 3 & 5, do i still need to pay my wife maintenance fee, if so how much? What happened if the custody of children is under her?","If you have the custody, the court will take into account the totality of the situation to assess if you still need to pay your wife the maintenance. Factors such as your wife's financial needs and earning power will be looked at, and the court will make the decision on the quantum of the maintenance. If she gets the custody, you would normally have to pay maintenance to her."
What does it mean by 'immediately preceding the filing of the writ'?,It means right before the application of the summons.
I am married with 2 children. We applied for an ec and the top will be in October. I am.thinking of getting a divorce. Please advise what will happen to my ec and the options to keep it. I am a mulsim.,"If you apply for a divorce, the divorce will only be obtained after TOP. Your ability to retain the flat will depend on who gets custody (please see http://www.hdb.gov.sg/cs/infoweb/residential/living-in-an-hdb-flat/changing-owners-occupiers/retain-flat-following-life-events&rendermode;=preview) for more details. The division of assets will follow syariah law since you are muslim."
I have not seen my wife and son for more than 24 hours. What are the legal steps i should take to prevent a divorce? She is running away from me and remain uncountactable,The divorce can only take place if the papers are served on you and the Court finds that there is cause to order the divorce. You may want to make a police report if your son is missing.
My marriage was registered in Singapore in 2005 and I was granted divorce in USA 2015. How to get this divorce recognize?,"A foreign matrimonial decrees (e.g. a divorce) will be recognized in Singapore if it originates from a court of competent jurisdiction and is not otherwise impeached for fraud, breach of natural justice or contravention of the fundamental public policy of the forum. Thus, if a foreign court has validly pronounced that a marriage is a nullity or has terminated, you do not need to take further steps to gain recognition of your divorce."
"Can I file summon in syariah muslim law to my wife,we are not divorce. She left me and my 4yrs old because of her family?","We do not have sufficient information to assist you. Generally, if you are Muslim, then you would be able to apply for relief under Syariah law."
how much it cost to take out an application to obtain my final divorce cert,This depends on the lawyer that you approach.
"Hello, I am a Filipino housewife with 3 children and legally married to someone who is a work pass holder there in singapore, He is now with another woman and stopped supporting me and my children. Can i file charges in SG given that our marriage took place in Singapore?",You can apply for maintenance against your husband in the Family Justice Courts notwithstanding that you were married overseas.
"Would court grant divorce application even if there is no adultery, no 4 year separation, no unreasonable behavior?","The Court will grant a divorce (after 3 years of marriage) as long as it can be shown that the marriage has irretrievably broken down. On your facts, the only way for this to be shown is if there has been desertion for 2 years."
"Hi, I'm trying to find out how to force a divorce on my paternal parent. He has committed adultery, and my mother did accept him back, but his behaviour and actions have caused much distress to the family. Can family distress be used to force a divorce","You cannot force a divorce on your parents. Only the parties to a marriage can file for divorce. If your mother does apply, then she will have to show that there has been an intolerable breakdown of the marriage on the basis that:(i) your father has committed adultery and your mother finds it intolerable to live with him(ii) that your father has behaved in such a way that your mother cannot reasonably be expected to live with him;(c) that your father has deserted your mother for a continuous period of at least 2 years immediately preceding the filing of the writ;(d) that your parents have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and your father consents to a judgment being granted;(e) that your parents to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ."
Can I file for divorce based on 4x of physical abused?  How can I pay for legal fees if I am a homemaker?  If I rent a room with my kids during separation do I pay for it?,You may want to approach the legal aid bureau for assistance (https://www.mlaw.gov.sg/content/lab/en.html). They can assist in such cases in respect of legal fees.
Can I go through separation if I am staying in the same house with my husband and children? I cannot afford to rent.,"It is not clear what exactly your question is. If you are referring to whether you can apply for a divorce, you can do so provided that you can show that the marriage has irrevocably broken down. This can be shown in various ways and not just that you are living apart from your husband."
My husband admitted that he commit adultery and now we are living separately since June 2015. Can I file for divorce?,"There is a general bar against filing for divorce in the first three years of marriage unless you can show that you have suffered exceptional hardship during your marriage, oryour spouse has behaved with exceptional depravity ie behaved unusually bad. An affair along may not qualify. If your marriage is longer than three years, then yes."
Does hugging and holding hand with another guy consider adultery for a married woman??,"It would probably not constitute adultery. That being said, on the assumption that your query arises from a potential divorce, please note that it is sufficient that one party has behaved in such a way that the plaintiff cannot reasonably be expected to live with the defendant."
Divorced but staying in the matrimonial home until sold (joint tenency). What recourse do i have if my ex-spouse change the lock to prevent entry?,"If you are legally entitled to enter, then you can call a lock-smith to change the lock. You can also apply to Court for access or make a police report."
I do not wish to divorce but what if my husband insists,His ability to obtain a divorce (after 3 years of marriage) against your wishes will depend on whether he can satisfy the Court that the marriage to have broken down irretrievably. He will need to show that one or more of the following is true: (a) that the defendant has committed adultery and the plaintiff finds it intolerable to live with the defendant
"If a divorce based on 'unreasonable behavior' cites 'improper association' with a third party but provides NO evidence of adultery, does the court consider and treat the Defendant as an adulterer? Will the court punish the Defendant?","The Court does not ""punish"" the Defendant even if evidence is shown as Singapore adopts a no-fault divorce regime. If there is no evidence shown, then the Court may not grant the divorce."
is there a possibility to obtain a order copy of divorce case approved at the year 2011 in case of original copy lost issue?,Yes. You can apply at the Courts.
I'm a homemaker for 27yrs. What course of action can I take if my husband decides to empty(or hide) our joint account savings by transferring it to our children' joint accounts with him? What can I do if he purchase properties under their names? A,"If you intend to divorce him, you can apply for relief in the family courts."
"If we can file a divorce outside of Singapore, ??which country of divorce law that we are bound to? Is my spouse still obligated to the provision of the women's charter to pay the wife maintenance?","It depends on the country and the law they use to determine which law is applicable. Usually, family matters are governed by the country of domicile. If you and your wife have long been resident in Singapore, you are likely to be domiciled in Singapore and hence Singapore family law will govern."
My husband and I got married in Singapore. I am a SPR and my husband is a Spanish expatriate holding a work visa. Can we file a divorce outside of Singapore in the event of an unwanted situation surface?,There is no specific requirement that you file for divorce in Singapore. Whether the foreign court will agree to hear your divorce depends on the foreign court in question.
"My husband and i have signed a deed of separation and now he doesn't want to pay at all. should i file the deed of separation in court? i have been to family court and was told they do not enforce the deed of separation and if i proceed with them, i","You should seek a family lawyer for advice. If the court has indicated they will not enforce it, then it is probably better for you to seek proceedings under the Women's Charter."
"If I get a PI and confirm my husband's adultery, can we go for divorce straight without seperation?",You do not need to show separation if you can show that your husband has committed adultery and you find it intolerable to live with him.
"If I have proof of lovey dovey messages between my husband and a lady, is it sufficient evidence to file for divorce?","Such messages are generally insufficient to prove adultery, which is a ground for divorce. You will probably require stronger evidence than that if that is the ground you wish to rely on."
"I need to appeal on the court order of my divorce  case, what should I do?",You will need to file a notice of appeal. You can contact the State Court at Tel: (65) 6435 5110 for assistance. Please note that there are strict time limits for you to file your notice of appeal.
Im a not from singapore and my husband is from china. We had our register of marriage in singapore. We decided to have a divorce can we do it here in china?  The reason is he cheated on me for so many times. Is it enough reasons for hve the custody of my 2 yr old son?,You can do so provided that either you or your husband:(a) views Singapore as your home at the time of the commencement of the proceedings
"Must I get a separation of 3 years before I can file for a divorce?  If divorce is mutually consensual, How do I prove that the marriage is irretrievably broken down?","You cannot apply for divorce within the first three years of marriage even if the divorce is consensual unless you can show that the case is one of exceptional hardship suffered by the plaintiff or of exceptional depravity on the part of the defendant. Once the three years have passed, you will need to prove to the Court one of the following (defendant and plaintiff refers to the spouses):(a) that the defendant has committed adultery and the plaintiff finds it intolerable to live with the defendant;(b) that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with the defendant;(c) that the defendant has deserted the plaintiff for a continuous period of at least 2 years immediately preceding the filing of the writ;(d) that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the defendant consents to a judgment being granted;(e) that the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ."
Can telephone bill statement and recorded messages whereby the husband admitted or indicated that he has committed adultery be sufficient to file for divorce? ,"In order to file for divorce, you will need to show irreconcilable differences. The fact of adultery in itself is likely to be sufficient. The recorded messages should be sufficient."
Is the divorce mediation date arranged by the court or lawyers of the 2 parties? Can the court do anything about delay tactics like hospitalisation excuses to absent from hearing or mediation perpetually?,It is normally determined by the Court who will take into consideration the available dates of both parties and their lawyers. You can seek an appropriate order from the Court in such an event.
How to file for separation? Can it be done with both parties mutually agree without going to the lawyer?,"You may want to refer to this for the details:http://www.lawsociety.org.sg/forPublic/YoutheLaw/Divorce.aspxYou do not need a lawyer, but you and your spouse will have to file the relevant documents yourselves."
"two Chinese citizens which are singapore permanent got married at ROM in singapore, and divorced one  year later in a court in China. Do they need to do anything in singapore before they can remarry someone else in singapore?","On the assumption that the divorce in China is recognised in Singapore, then there is no need for them to do anything although ROM will normally ask for proof that the divorce has taken place. Bear in mind that it is an offence to be in a polygamous marriage in Singapore."
"my sister in law had filed divorce against my brother a year ago but we did not receive any court document regarding his case. My brother is in jail now, my sister cannot be contacted. can we as a family member approach any place to check ?","You may be able to do so at the Family Courts - they may require you to obtain your brother's authorisation, but you should check with the Family Courts first."
Can I get a divorce in Australia Courts even though we were married under Syariah court in SG. is it viewed legal in SG?,"Your ability to obtain a divorce in Australia depends on Australian law. Unfortunately, we are not qualified to offer you an opinion on that basis."
My wife and I are separated not divorced yet and she has insisted me and my parents can only see our  eight month old daughter in her parents home which is considered hostile to us. What legal aid can i sort to obtain access in a neutral location?,"Depending on your salary level, you may wish to consider applying to the Legal Aid Bureau - see http://www.lab.gov.sg/"
how long does it takes if i file the divorce myself without a lawyer?,"It depends on whether the divorce is contested. If it is uncontested, it may be resolved with 3-6 months."
Do I need a specific reason to get a divorce?,"You will be granted a divorce only if the Family Court agrees that you marriage has ended, or in legal terms,  ?irretrievably broken down? . To prove this you must prove that:-your spouse has committed adultery, and you find it intolerable to live with him or her-your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her-your spouse has deserted you for at least two years-if your spouse agrees to the divorce, that you and your spouse have been separated for at least three years-if your spouse does not agree to the divorce, that you and your spouse have been separated for at least four years"
Do I need a lawyer to get divorced?,"No, you can apply for a divorce yourself, which is known in legal terms as  ?acting in person? . However, you will still need to comply with the legal and procedural requirements of the Family Court proceedings. For example, you must ensure that the necessary documents are prepared in the correct form and file these through the Electronic Filing System.The Family Court cannot give you any advice on what you should say or do. Only a qualified lawyer can give you independent legal advice on the merits of your case."
How do I apply for a divorce?,"You will need to file a Writ for Divorce, Statement of Claim and Statement of Particulars in the Family Court. You will need to pay the appropriate filing fees."
It's stated in the Order of Court that both parties retain our own assets. But he has already removed atleast one item. How do i retrieve my item back and also to prevent him from removing more items and for him not to damage the matrimonial home?,"As your ex-spouse has taken your property, you may sue him for the tort of conversion. You should demand the return of your item in writing. If he removes more items or damages the matrimonial home, he faces civil liability for conversion or trespass."
Order of Court obtained to my favor. We are to execute the transfer of matrimonial flat to me. My ex-spouse is not cooperative and unresponsive. She ceased communication and hide to the extent of not disclosing her correspondence address where she could b,"Assuming the court order stipulated a time frame within which the transfer is to be executed, then you could file for contempt of court against your ex-spouse for failing to comply with the order. If you wish to pursue this option, you must have compelling evidence that can prove beyond a reasonable doubt that your ex-spouse deliberately disobeyed the court order. For example, your ex-spouse must not have been incapacitated by illness throughout this period. The punishment for contempt of court can include a fine or imprisonment."
What are rights for wife regarding matrimony assets if they divorced who was married in Singapore?,"Your question relates to the division or sale (with the proceeds divided) of matrimonial assets, which are ancillary orders that are made after the dissolution of the marriage. The answer depends on a few factors. First, you should note that not all assets are matrimonial assets, and only matrimonial assets will be divided or sold. For example, assets purchased or improved during the marriage or the matrimonial home would constitute matrimonial assets.Second, the Court will take into account many factors in deciding the division of the matrimonial assets. These factors include the direct and indirect contributions by each party towards the matrimonial assets, the child? s or children? s needs and any agreement between the parties on the division of the matrimonial assets. Direct contributions are financial contributions, whereas indirect contributions are non-financial contributions such as looking after the children or the home."
"Hi, I am Indian. I got married with an Indian in Singapore in year 2009. Now we decided to divorce and applied in India. after divorced do we need to inform Singapore to cancel our marriage or do we need some legal procedure ? ","You may use the divorce order from the Indian court to have your marriage dissolved in Singapore. To do so, the foreign divorce order must be recognised in Singapore. The three ways for the recognition of the order may be found at the following link under the header of  ?Recognition of the foreign divorce order in Singapore? :https://singaporelegaladvice.com/law-articles/overseas-divorce"
Can I ask for a portion amounts from a sales for a HDB unit once I file for a divorce,"The division of matrimonial assets is settled as an ancillary matter after the filing for a divorce. After filing for a divorce, the court may grant an Interim Judgment to dissolve the marriage. Only then will the case move on to ancillary matters such as the division of matrimonial assets. Assuming that the HDB unit is a matrimonial asset, the sale proceeds would be reflected in the Affidavits of Assets and Means. Therefore, the proceeds would be divided during the hearings on ancillary matters.For more information on the division of matrimonial assets: https://singaporelegaladvice.com/law-articles/how-does-the-court-divide-matrimonial-assets-in-a-divorce/"
"My parents are getting a divorce and my dad want to sell the house. The house is under both parents name but my Mother did not pay a single cent since day 1. If the house is sold, will she be entitled to anything?","Potentially so, as the courts not just take into account the parties? direct financial contributions towards the asset in question, but also consider indirect contributions to the marriage that are both financial and non-financial in nature (e.g., the fact that one was a primary caregiver of the children)"
"If my husband has recently deserted the family taking most of the family wealth, and I do not know his whereabouts and is unable to contact him, what are my options for trying to get it back?","It would depend on what form of wealth you are referring to. If it was in some material form such as cash or physical possessions, your chances of recovering anything without first locating him are slim. If he took a card such as a debit card, you would need to check with the bank as to whether they are able to disable the card or reverse any charges. Apart from that, if you are unable to locate him, the most that can be done is likely just to file a police report."
"Hi, I've recently obtained sole ownership of my flat and have requested for my ex-hubby to move out. However, he refused. Can I obtain an eviction order to make him move out? He is not a registered occupier. How long does the process take? Thank you!",An eviction order would only be effective in a landlord-tenant situation. You may wish to bring an action against him for trespass.
"Whats the effect of HDB property when both applies for divorce? I heard, since the loan installment goes from husbands cpf, Wife has no right. True? How many percentage worth of the property s eligible for the wife?",The Court in determining the division of matrimonial property has the broad power to deal with the HDB flat and it is not bound by the strict contribution of the parties. It is not true that the wife has no rights to the property even if all payments were paid by the husband's CPF.
"If I single-handedly paid in full for my 4 rooms hdb flat and my husband did not contribute a penny towards household bills and raising my son. If we divorce, will he be awarded half share of my flat? Can my son and I continue to live in this flat after d","The division of assets during divorce is not based solely on financial contributions. The Court is entitled to consider non-financial contributions. If your husband did not contribute financially or non-financially, then he is unlikely to be awarded a half share. You will be allowed to stay in the flat if you are offered the right to purchase your husband's share and if you can form a family unit after divorce."
"Hi. If my ex spouse refuses to sign the hdb transfer form without monetary returns to his cpf, what can i do?","If this was a court-mandated order by the Family Justice Court, you may apply for an enforcement order at the Family Justice Court."
"I'm a divorcee, court has ordered to sell my house but my ex husband is not cooperating and wants to delay. As he and his mum still living in the house. After 6 months, still no news yet. What am I suppose to do now ?",You may wish to apply for an enforcement order at Family Justice Courts.
"We have the court of order issued after final judgment for the divorce. However, we'd like to vary one of the orders of the matrimonial flat. Can we process the application ourselves to the Court and what are the procedures? ",You can make a joint application to vary the maintenance. You would have to file a summons in Court.
I own a condo with my ex-husband. Didn't want to sell early to avoid stamp duty fee. Now he is being sued for bankruptcy. The house is subjected to mortgage. Can I sue him for the lost if bank sell the house less than the omv?,"It is not clear what your question is. However, there does not appear to be any loss caused to you if the bank sells the house at market value."
I had my divorce finalised  judgement with listed BTO flat surrender back to HDB. however right now my ex partner and I agreed to let me take over our BTO flat. How can I vary this court order?,"It is not exactly clear what your agreement is. However, if you need the Court order varied, you would have to file an application to Court and explain this to the Court's satisfaction. You would also have to take over legal ownership of the BTO flat (which may not be possible)."
"How do I protect my personal savings before marriage? As much as I don't want this to happen, I just need to be sure that these do not count matrimonial assets in the event of a separation or divorce","Generally, if they are owned by you, they would form part of the matrimonial assets."
I intend to get a divorce. What are the financial obligation i had to bear for my wife?  is it a case of asset equal split?,"This depends on various factors, including your earning power, your wife's earning power, the amount of matrimonial assets, and the length of the marriage. The matrimonial assets will first be split between you and your wife depending on your respective financial and non-financial contributions. Thereafter, you may be required to provide maintenance to your wife."
"If the flat is bought under Joint Tenancy but I have proof of me paying the bills all along, will the eventual split of sale proceeds be 50-50? I'm intending to get a divorce. The husband had been abusive and shirking his responsibilities.","No. If you divorce, then the matrimonial courts will consider all aspects including the financial and non-financial contributions of both spouses in the division of matrimonial assets."
"can i still apply for a flat on my own after divorce, third time application. Or can i keep the BTO flat, key collection this Friday. as long my husband agree? Please advice","You can't normally apply for a flat as a third time applicant. As for the BTO flat, this depends on whether it is dealt with as a matrimonial asset. If it is, then subject to you complying with HDB rules (whether you have custody of children etc), then you can keep the flat."
"if i paid the hdb for 20 years and i marry for 5 years and now have to divorce, husband only put in cpf 50k for 5 years during marriage. he wants not only his cpf 50k back but also a share of the house. is it fair?","It is difficult to advise you on fairness as the division of matrimonial assets is not a science. The Courts will look at many factors, including the financial and non-financial contributions by both parties to the marriage in deciding how to divide the matrimonial assets."
Is my saving income in my sole proprietorship bank account belongs to Matrimonial assets?,Yes
"For property that is under the name of the spouse's parents' names, but is used for the married couple, is the property considered a marital asset for division of matrimonial asset in the event of a divorce is filed?",It would generally not be considered a matrimonial asset unless it can be shown that the property is being held on trust for them by the parent.
"Is spouse obligated to share or pay the other spouse's debts, which are not related to joint benefits, I.e. mortgage for a property belongs to the biological family, personal debts?",Generally no.
"If me and my husband file for seperation, do we have to sell our private condo? Or can we sell at 3 yrs later?","This depends on how the Court divides the matrimonial assets and whether the divorce is contested. If your husband and you agree, then both options are readily available."
My ex has failed to comply with numerous Order of Court since 2011 on the Matrimonial Flat while I work overseas. Why is my ex not punished by law? That includes absence on hearings. How to end my misery? How do I bring to the attention of the Court that,You have to apply for committal for your ex being in contempt of court.
"We have cleared our divorce but ex is appealing against division of property, recently his mum passed away nd he is financially stronger.How can i claim more with a young child?","You will have to bring these points to the Judge, who will then decide on an equitable and fair division of the matrimonial assets."
"My HDB flat is under 3 owner (joint tenancy). My father-in-law, my husband and my name. In the event if we file for divorce, what will happen to the house?","In the event that your husband and you file for divorce, your husband and your share of the flat will form part of the matrimonial assets and be liable for division. Depending on how the judge divides the property, the flat may either have to be sold or transferred to your father-in-law and your husband."
My husband has moved money from one of our savings accounts which is under his sole name and refused to disclose it for the division of matrimonial assets. Is there something to do about it?,"You can ask the Court during the divorce proceedings to order your husband to disclose the location of those monies. If he refuses, you can ask the Court to draw an adverse inference against him."
"My ex has rented a room of our jointly owned HDB flat, which is currently on sale in the open market, without my consent. Of course, he isn't going to give me my share (60%) according to divorce case. What should i do to seek fairness of my right ?","This depends on whether your divorce is finalised. If the divorce is not finalised, then this can be raised before the Court during the distribution of assets."
Can one claim maintenance in arrears from ex-spouse CPF account by varying court order?,"Generally, no."
How long does the process take for the claim on the division of the matrimonial home after divorce?,This depends on how acrimonious the division is. The timing can range from a couple of months to a couple of years.
Must a wife make both monetary and non-monetary contributions before she can claim a share of the matrimonial asset?,"It is not necessary that the wife makes both monetary and non-monetary contributions. It is sufficient that she shows one or the other, although if she can show both, her share of the matrimonial asset may increase. This does not mean, however, that a wife who is only able to show only one type of contribution will receive a lesser share compared with a wife who can show both - it all depends on the degree of contribution to the overall marriage."
Most couples will have acquired a home and lived in it during the course of their marriage. This is generally regarded as the matrimonial house. Can my wife cliam part of her matrimonial assets from the HDB I bought my own self. ,"Assuming that the question is whether the wife can claim for part of the HDB flat even though she did not pay for it, the answer is yes. Division of matrimonial assets is not based only on monetary contributions. Contribution to the marriage can be both monetary and non-monetary, and the law recognises both forms. Thus, a wife who has not contributed to the HDB flat may still be able to claim a part of it if she can show that she made non-monetary contributions to the marriage, e.g., she stayed home to take care of the family while the husband worked."
what is does a matrionial house ?,Most couples will have acquired a home and lived in it during the course of their marriage. This is generally regarded as the matrimonial house.
What is a matrimonial asset?,"If the asset was acquired after marriage, it is a matrimonial asset if (i) it has been used by your spouse, or the children, while you were living together; (ii) it has been substantially improved during the marriage by your spouse, of by both of you.If the asset was a gift, or was inherited by you, it is not a matrimonial asset except if (i) it is the matrimonial home; (ii) it has been substantially improved during the marriage by your spouse, of by both of you."
How does the Court decide on our shares of the matrimonial assets?,"It will look at all the facts of the case and decide the fairest way to apportion those assets. For example, it will examine the effort each spouse has put into the family, and these efforts may be monetary or non-monetary."
"Hi,I have been paying $300 maintenance to my two sons since 200. recently I found out that the youngest son was not mine.my ex wife did confess to my daughter who is under my custody in front of my youngest son when she stay over at my ex wife place","Maintenance orders can be varied by the Court, but only with an exceptional change in circumstances (e.g. from a paternity test). If you are certain that the younger child is not your biological son, you may petition the Court to vary the maintenance order."
i need to lower child maintenance as i remarried and now with 2 kids and just got a bto flat and expense quite hign,"The Court permits applications to vary a maintenance obligation under section 72(1) of the Women? s Charter, provided certain criteria are met. It is up to the court's discretion whether to grant the variation. The application should be made by way of summons with a supporting affidavit indicating why you are seeking to vary the maintenance order."
Do i have to hire a lawyer in order to get a maintenance order from the court?,"No, you do not have to hire a lawyer. You may apply for maintenance via iFAMS at your own convenience, or apply directly at the Family Registry, Level 1, Family Justice Courts."
Can i file against father of child for maintainence if he did not claim he does not want to bear the responsibility but yet uncontactable?,"Assuming that you have received a maintenance order from the Family Court for the father of the child to provide maintenance for your child or yourself, and that he has subsequently defaulted on maintenance payments in the time he has been uncontactable, you may lodge a complaint to enforce the maintenance order before a District Judge or Magistrate in the Family Court."
"My ex lives in Singapore and I am in the states. He refuses to pay any more child support . He is living there in hiding after violating a us court order. He works at BMW financial services, how can we get the money owed to us by him .","You may be able to enforce the court order against him in the foreign jurisdiction. However, the costs involved may well be more than the maintenance he is obliged to pay."
"My ex-husband is applying for financial leave under s121(B) of the WC, and requests for the costs of the application to be bore by me. May I know what factors will the courts consider in the bearing of costs?","In general, costs will be awarded to the successful litigant. However, any award of costs is at the discretion of the Court."
"if it was a no contest divorce six years ago, with an alimony sum of one dollar, am I still eligible to make an application for alimony payment now?",Yes - you may be able to apply for a variation of maintenance if there has been a change in circumstances.
"My ex-wife remarried last year but keeps this fact from me, and I keep paying the maintenance to her for the past one year. So how could I claim this money back and is it a crime?","This depends on the terms of the maintenance order. If the order provides that maintenance ceases upon marriage, you can make a civil claim against her for the return of the monies. It may potentially be an offence, but it is unclear on your facts."
My ex husband had stopped his maintenance for my children and myself despite a court order. How to reinforce?,"You may apply to the Court for the enforcement of the order. Under section 71 of the Women's Charter, the Court may levy a fine or impose an imprisonment sentence against the party failing to pay the maintenance, amongst other things."
How much is the actual fee maintenance of a child ?,This depends on the needs of the child and your ability to provide maintenance.
What's the criteria for alimony in Singapore?,Please refer to this page: https://www.familyjusticecourts.gov.sg/Common/Pages/Maintenance.aspx
When does child support stop?,"This depends on what the Court ordered. Generally, maintenance will stop after the child attains the age of 21, unless the court is satisfied that the provision of the maintenance is necessary because  ? (a) of a mental or physical disability of the child; (b) the child is or will be serving full-time national service; (c) the child is or will be or would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or (d) special circumstances, other than those stated in paragraphs (a), (b) and (c), exist which justify the making of the order."
Me and my ex wife agreed on a maintenance fee of $500 (no child and uncontested divorce). Can I request for a reduction of the maintenance fee as she is earning more than me?,"If the agreement has already been recorded, then it will be difficult. You will only be able to vary the maintenance fee if you can show a material change in circumstances."
When should I stop paying child maintenance.,You should stop paying once the Court order providing for maintenance provides that you can stop.
"If a spouse is applying to stop spouse maintenance and has issue a court hearing, Do i need to attend the court hearing and do i need to be represented by a lawyer ?",Yes and No.
How old are the children before i can stop maintenance? My son next year is 18 and the girl next year is 21 and already working. Thanks.,"This depends on what the Court ordered.Generally, maintenance will stop after the child attains the age of 21, unless the court is satisfied that the provision of the maintenance is necessary because  ?(a) of a mental or physical disability of the child;(b) the child is or will be serving full-time national service;(c) the child is or will be or would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or(d) special circumstances, other than those stated in paragraphs (a), (b) and (c), exist which justify the making of the order."
I'm re-married with a new born. How can can I request for reduce in maintenance fee for my ex Wife?,You would have to apply to Court to vary the maintenance and persuade the Court that there has a material change in your financial circumstances.The form can be found on https://www.familyjusticecourts.gov.sg/QuickLink/Pages/FormsListofForms.aspx
My ex has suspension the maintenance till June 2017 and by then the arrears will be $13K. Will he ran away for not paying as he bought a house at JB. Can I ask debt collector to collect on behalf if he still dun pay up by July 2017. Please help.,"If your ex defaults after July 2017, the arrears of maintenance due shall be recoverable as a debt from him."
"I am considered a child in the eyes of the law and my parent does not want to give me pocket money as I am ""spending a lot"" and am ""able to finance myself"" Is there any law that parents have to give allowance as part of care? Thanks",Yes. Parents have an obligation to maintain their children.
If we had rent out our HDB flat and all along that rental fee is bank into my wife account do I still need to pay for my son expenses .,"It depends on the amount involved, your income, your family's needs and whether the rental fee is sufficient for their needs."
Not providing enough for the child and neglects his well being & education. Is this matter deem to negligence?,Possibly. It may also amount to an offence under the Children & Young Persons Act.
You are not aware that your child was not in singapore for 2 years and have not been going to school but you have been giving their maintenance promply. Can we seek claim of the amount paid from the other party?,"If your made payment of the maintenance on the basis of a Court order, you generally cannot claim the amount back."
"i been jobless for the pass 1 year but i still pay for my children maintenance and i have come to a point that i exhaust all my saving, what can i do now, as of end july i will only have $6 in my bank after the transfer",You can consider applying to vary the maintenance downwards. You may want to check if you can obtain legal aid.
"If the respndent is always late for child support payment,and i ask for the proof when his salary bank in he wouldnt wan to let me noe. Can i complain this to court?","If the respondent has not been paying the maintenance that he owes, then yes, you are able to go to the Family Justice Courts to enforce the existing maintenance order that you have against him."
Is it true that alimony is given base on the no.of yrs of marriage instead of until if i remarry? I'm born with hearing impaired n diagnosed with eye disease 9yrs ago after my marriage.Been home maker since marriage. Down with depression when he 1st m,"Factors that the Court will consider include: (i) the financial needs of the wife or child; (ii) the income, earning capacity (if any), property and other financial resources of the wife or child; (iii) any physical or mental disability of the wife or child; and (iv) the age of each party to the marriage and the duration of the marriage.However, if remarriage is likely, the court would likely not order maintenance in a lump sum. Instead, the maintenance would be in periodic payments."
Does the wife need to give the ex husband maintenance if the wife earn more than him?,"No. However, factors that the Court will consider in assessing the maintenance include: (i) the financial needs of the wife or child; (ii) the income, earning capacity (if any), property and other financial resources of the wife or child; (iii) any physical or mental disability of the wife or child; and (iv) the age of each party to the marriage and the duration of the marriage."
Hi my ex husband always vary or suapend the maintances.how can i stop this as it affects my work. His reason he is unemployed past 8yrs the same reason.he is a graduate with honurs degree.have remarried with no kids.,"If your husband does not comply with the maintenance order, you may recover the arrears by nforcing an existing maintenance order at the Family Justice Courts."
My son will be 21 years old this year oct 2016. Can my ex husband stop paying his maintenance now?,This depends on the terms of the court order. Your son may apply for maintenance even after 21 if he is serving full-time national service or if he is still studying.
My mom refused the my allowances to her and closed her bank account. Will she be able to sue me years later under the Maintenance of Parents Act?,It is possible as her circumstances may have changed years later.
My husband earns about 20 000 SGD per month. I am on maternity leave. What maintenance can Court order for 1 child?,This depends on the needs of your child and your specific circumstances. It also depends on your salary and employment situation.
My husband has moved to Singapore on Employment Pass. To apply for maintenance for our child in my country I need his proof of income and residential address in Singapore. I know the company he works in. Can I request a copy of his job contract from his j,"You can make the request, but they need not comply."
Can my ex wife claim seventy percent of my salary as maintaince,"This is a question of fact, but 70% is highly unlikely."
my husband defaulted our maintenance for 3 months. I filed enforcement. What does the court do this time?,"The Singapore Court can make any of the following possible orders against your husband to enforce the maintenance order (section 71(1) of the Women's Charter):a. make an order to levy a fine against him;b. sentence him to imprisonment for a term not exceeding one month for each month? s maintenance allowance remaining unpaid;c. make a garnishee order against him, i.e. order that his creditor, e.g. his bank, pays you the maintenance amount as a debt owed; d. order that your husband furnishes a security, e.g. a banker's guarantee, for future maintenance payments; e. order that your husband attends financial counselling;f. order that your husband performs community service for up to 40 hours."
when will the child maintenace stop when my daughter turn 21 in 21 Mar 2016 and Son on 4th Aug 2017? when is the last payment for each?,It depends on what your Court order states. Please refer to the order. Please bear in mind that the children can apply for further maintenance even after 21 if they are still studying.
How can i get a legal binding agreement to abstain from paying maintenance fee to my wife should we divorce?,"Under Singapore law, a pre-nuptial agreement is not binding on the Courts in the event of divorce. Hence, the Courts may give consideration to, but are not bound to comply with the terms of a pre-nuptial agreement on maintenance."
Must I still pay maintenance to my 14 yrs old daughter if my ex wife has remarried? I have varied for the maintenance for my daughter on 2010 as I was been incarcerated from 2009-2015. Currently I am serving my Home Detention now. I have custody of my son,Yes.
Hi. My husband businessman want divorce me after 16yers marriage. He told me list down my request for maintenance n so one and he will agree to give. My question is can judge final approve all my request that he agree on? Or only the judge will approve by,"The Court has the final say. However, if you proceed for a divorce and you agree on the ancillary (including maintenance) then the Court is unlikely to interfere."
Is there any expiry for the enforcement of the maintenance since a warrant of arrest is still pending since May 2014? Do I need to reapply for the enforcement since it has already been more than 3 months? And can I ask to retain our matrimonial flat and c,Yes.
how to freeze my ex husband cpf for my child maintenance payment,"Except in certain situations which are unlikely to apply, the monies in your husband's CPF account cannot be ""frozen""."
"Is it possible to get child maintenance from an unmarried partner? He is listed in the BC as the father. He broke his promise to marry me and take care of us, how can I get a recourse for this?","Yes, this should be possible. You should consider approaching a lawyer to know your rights in greater detail."
I would like to vary the court order for child maintenance since the final judgement in early 2009. How should I proceed? Do I need to engage a lawyer as I know the ex-spouse would bitterly contest it although he could well afford it.,"You would need to have good reasons why you would like to vary the child maintenance. You could represent yourself in the application, but hiring a lawyer may make it easier, especially if your ex-spouse may contest it."
"I would like to enforce a maintenance order against my ex-husband who currently works & resides in Labuan, Malaysia. Is this possible? There is currently a warrant of arrest out for him but as long as he does not turn up, the court cannot proceed. Pls","Unfortunately, this is a question of Malaysian law. You will have to seek Malaysian law advice as to whether the maintenance order can be enforced there."
Is there a legal way to ensure the husband provides financially for the family in a marriage on a regular basis?,"As long as you are validly married, you can seek maintenance from your spouse at any time during the course of your marriage -- you can apply to the Family Court for a maintenance order. You will have to file a Complaint at the Family Court, stating how much your spouse is earning, how many dependent children you have, how much you are applying for and in what circumstances your spouse has neglected/failed to provide for you or your children."
I have sole custody of my 4 children and maintenance for them are at $800 per month and my myself at $1. How can I go about to apply for higher maintenance fee for my kids as my income is now lower compared to during that point of time when I first apply,"You can apply to the Family Court to vary the order for maintenance, on the basis that the circumstances under which the original order was given has changed."
My ex-husband has been refusing to move out of my 2-room rental flat & change lock at times to deny us access into the house. He is also not paying kids maintenance as per court. What can I do make him move out of the house?,"This depends on whether your ex-husband is a tenant flat. If you are the registered tenant, then you can apply for relief from Court, or make a police report that you are been locked out."
i am unwed & pregnant. can i claim maintenance from the father of the child and how do i go about seeking the mainteance,"You are not entitled to maintenance since you are not married to the father of the child. However, you can claim maintenance on behalf of your child upon showing due proof that the father has neglected or refused to provide reasonable maintenance for his child who is unable to maintain himself. This entails the application for a court order. You may find it easier to do so with the assistance of a lawyer. If you cannot afford one, you may want to consider approaching the Legal Aid Bureau."
"In my divorce settlement in 2010, I had paid 200k to my ex-wife together with a monthly maintenace of $700. Since the divorce, she is living & working in New Zealand. I will also retire in a few monyhs time. Can I seek a court order to terminate the m","You can apply to the Family Court to vary or cancel the order for maintenance, provided that the circumstances under which the original order was given have changed."
"The Family Court ordered my ex-husband to pay me some money as divorce settlement in 2006. Till today, he had not paid. Can I still pursue this payment matter?","Generally yes. Your judgment is enforceable up to 12 years after it was given. However, you are advised to take action sooner rather than later as you may face other objections if you do not take any action."
Ex wife still claiming maintenance after i already paid a lump sum agreed at the syariah court. She claims she isnt working now. Previously she is only working odd jobs. And i dont have kids with her. thos are my step children only,"Wives are entitled to maintenance but the amount is for the court to decide. Facts such as her working odd jobs, etc, would all be relevant facts which the court takes into account in deciding how much maintenance to award."
"Hi,Nephew who just turned 21 yrs old, still in tertiary education but his father stops financial responsibility. Can the son claim support?",Yes. A Court can order maintenance for a child even after 21 provided that the Court finds that this may be reasonable having regard to the parent's means and station in life.
"After divorce, I'm paying my wife $1000 each month as a maintenance. What if I become jobless later for 1 year (and she did not remarry anyone during the period), do I have to top up the maintenance I owe her after I find a new job?","If you become jobless, then this may constitute a change of circumstances that may convince a court to vary the maintenance order. Until the order is varied, you will be obliged to pay her the full maintenance, including any arrears."
"My wife and I in the process of divorce. If she applies for maintenance from the subordinate courts of Singapore today, can she request for a backdated monthly maintainance, say starting from 1 year ago? Or will it only start from the date when the court",Singapore case law suggests that the Court can order maintenance to be back-dated to the date when the husband stopped providing for the wife. Whether the Court will do so is a question of fact.
Could an unwed single mother claim child maintanance from her partner who's name and information is in the child birth certificate?,"The women's charter provides that the Court may order a parent has neglected or refused to provide reasonable maintenance for his child who is unable to maintain himself, to pay a monthly allowance or a lump sum for the maintenance of that child. This applies even to the children whose parents are not married."
Could an unwed single mother claim child support from the foreighner father who Is residing out of Singapore?,"Yes, you may, on due proof that a father has neglected or refused to provide reasonable maintenance for his child who is unable to maintain himself, apply to Court for an order that the father pays a monthly allowance or a lump sum for the maintenance of that child. However, there will be problems with the enforcement of this order if the father does not reside in Singapore."
"My ex-husband pays for child maintenance. I would like to take my children for holidays. Do my ex-husband pays for 100% of the trip including my holiday fare or just the fare relating to the children? Fare includes air ticket, hotel cost, food and expense","Child maintenance is usually fixed at a fixed sum and is not variable depending on your expenses. This all depends on the court order made upon the end of your marriage. Child maintenance does not include your expenses. That has to be covered under maintenance for an ex-spouse; again, the extent to which your ex-husband is liable to pay depends on the terms of the court order."
What factors does the Court consider in making a maintenance order?,"Factors that the Court will consider include: (i) the financial needs of the wife or child; (ii) the income, earning capacity (if any), property and other financial resources of the wife or child; (iii) any physical or mental disability of the wife or child; and (iv) the age of each party to the marriage and the duration of the marriage."
Who can apply for maintenance?,"You can apply for maintenance (i) for your child from the other parent, if he or she neglects or refuses to provide your child with reasonable maintenance; (ii) for yourself from your husband, if you are a married woman whose husband neglects or refuses to provide you with reasonable maintenance; (iii) for yourself from your parent, if you are over 21 and you are still a full-time NSman or student."
What is maintenance?,Maintenance is financial support by your former spouse.
how to enforce child access order?,"You should consider working things out informally with your ex-spouse first. Alternatively, you could pursue an application for shared care and control with your ex-spouse. Lastly, you could file for contempt of court against your ex-spouse for failing to comply with the access order. If you wish to pursue this option, you must have compelling evidence that can prove beyond a reasonable doubt that your ex-spouse deliberately disobeyed the access order. The punishment for contempt of court can include a fine or imprisonment.More information available at https://singaporelegaladvice.com/law-articles/what-happens-if-your-ex-spouse-does-not-give-you-access-to-your-child"
Will I be in disadvantages in terms of child custody if I am a permanent resident?,"In deciding the issue of custody, the courts in Singapore tend to accord both parents joint custody, barring exceptional circumstances. Your nationality will therefore likely only pose a disadvantage if the court deems it as a factor that will not serve the best interests of the child. This depends on the factual matrix of your case."
"My Brother divorced with his Wife in year 2016 and the custody granted to my Brother in Malaysia. Unfortunately my brother passed away last year. In his Will, he appointed me as his two kids (7 & 9 year old) guardian. Do I need to legalise the appoint",There is no need to legalise the appointment of your guardianship as you are now their testamentary guardian and do not need any further appointment. Your guardianship should be jointly held with your wife's brother as the surviving parent.
My ex husband and I have a joint custody but my daughters are under my care & concern. He took my daughters away for holiday and they have not returned since. My daughters have missed 3 weeks of school. What should I do?,"If you are unable to contact your ex-husband or your daughters and you are not aware of their current whereabouts, you should file a missing person report with the police. They will provide you with further information and instructions."
Can a wife still get a custody of her one year old son if she is unemployed?,It is possible as unemployment does not preclude custody.
What is the legal procedure to disown my 17 year old child? And what are the legal obligation that I need to observe? Like providing for her education and accommodation until adulthood?,"s 68 of the Women's Charter holds that a parent must provide their child with accommodation, clothing, food and education."
How do I change the custody of my child to me? My Ex has no objection due to her long hours at work and we both want more supervision on our teenage boy. How do I proceed from here?,You have to apply by way of a consent application to the family Courts.
I wan to know if possible to change care and control of the child,"Yes, it is possible although this is quite rare. You will need to show a change in the circumstances since the original order."
How to change from joint to sole custody.Divorced for 8 years with no child support from ex.He has moved overseas with no forwarding address and no contacts for 7 years.I do not know where he is and I want to change our daughter to sole custody.Please adv,"Under the Women's Charter, you may apply to the court for a variation of the custody order or agreement based on a material change in circumstance or for the welfare of the child."
does the social worker has the right to bring baby of 3 months old who is still on breastfeeding?,"It is not clear what your question is. On the assumption that you are asking whether the child can be removed - this is a question of fact. The law provides that certain specified civil servants can, if they are satisfied on reasonable grounds that a child or young person is in need of care or protection, remove the child or young person and commit the child or young person to a place of temporary care and protection."
is it right to take away children without any consent from parents?,No. That can constitute a criminal offence.
I would like to know what is sole custody and joint custody ? Currently I am in a process of divorce and wants to have a clearer picture of sole and joint custody.,"The Singapore Courts generally grant 4 types of custody: sole custody order, joint custody order, hybrid order and split custody order. Under a sole custody order, the parent granted sole custody of the child will be the sole decision maker for major decisions concerning the child. Under a joint custody order, both parents will be decision makers for major decisions concerning the child. Both parents will therefore need to communicate with one another and reach a consensus where key decisions are concerned. In other words, both parents have an equal say in the upbringing of the child. For hybrid orders, although one parent will be granted custody over the child, the custodial parent must consult the non-custodial parent on matters pertaining to the welfare of the child. Under a split custody order, custody of different siblings may be split between the parents. This, however, is not a common order by the Court."
"Can a husband fight for temporary custody or guardianship of his wife's daughter whom he raised and was led to believe he was the father, when his wife is deemed mentally unfit and the biological father is not registered on the birth cert?",Yes.
How can a lawyer tell court to establish a paternity test if the Father already accept the child is his?,"It is not clear who the lawyer is acting for and whose interest the lawyer is seeking to advance. That being the case, we are unable to answer."
I am a Singaporean & I am divorcing my foreigner wife soon. I want her illegitimate son to stay in Singapore as i know she cannot to do that for him. What should i do for him to stay,You can try calling the ICA and asking them.
Hi good evening. I had an abusive husband and a 3.5 year old daughter. I would like to file for divorce but he strongly disagree about this. I'm currently unemployed. May I know because of unemployment will he have the custody of my child? Please note,"Your unemployment is only one of several factors the court will consider in granting custody. The court will decide the custody of your daughter based on what is in her best interests. This includes the general well-being of your daughter and all aspects of her upbringing, such as her happiness, comfort and security."
Can I sue my ex for cheating me to sign for divorce and get back the custody of all my kids? ,It depends on the specific facts of your case. It may be possible but it will not be straightforward. We suggest you seek legal assistance.
My step mom forced me to sign full custody of my daughter over to her by threatening to let us freeze on the streets in the winter. What do I do to get my daughter back,"We suggest that you consult lawyers. Further, you do not appear to be located in Singapore (since Singapore has no winter) so we are unable to advise on foreign law."
I am a divorcee living with childs which custody is with ex-wife. I want custody back but ex-wife not willing. ,"You can apply to Court for relief, but it may be difficult to enforce unless you can trace her down."
The parents name on the children birth certificate is not her biological parents names but her relatives one. She has been living with her biological parents in Singapore since young and they wants to acknowledge back her legally. How to go about doing it,They will have to apply to adopt her.
"I cannot find a guardian for my kids, below 21. how should my will be written?  Do not want to give rights to my ex who is abusive.",It will not be possible for you to provide via your will for how your children will be taken care of. The Court will have to decide this based on the best interest of your children.
Does the court implement any enforcement for violation of granted access. Applications have been made yet there is no means to enforce it. Police refuse to act. What would it take for father to have care & control.,You will have to apply for committal for contempt of Court.
"Hello. May I know if a person, who is a Singapore Citizen, above 21 years of age, and has a stable income to support a family of four and would like to apply for a legal guardianship of a 16 yr old youth who is not related. What should he/she do and where",You will have to make an application in the Family Courts under the Guardianship of Infant Act. There are various considerations including whether the youth is an orphan. You are advised to consult a lawyer.
"If I rent a room for me and my daughter near her school, will I still get the care and control under joint custody?",The presence of a room is not the key factor for who gets the care and control. The Court will look to what is in the best interest of your daughter.
"My sister can't work because of her disabled son. Will a court give her husband custody of the able son, if she cannot work?",The ability of a parent to support a child is only one of several factors that a court will consider in granting custody. Much will depend on the facts and reasons your sister give to the court as to why your sister should be given custody.
can i change joint custody to full custody if my ex stops paying mai1ntanance n has not seen the kids for 4 mths?,"You will have to apply to Court for a variation of the custody order. However, this is unlikely to succeed based on these facts."
My niece is 16.Her mum cane her often n now stop her sch n sending her to Msia to work for her. Can I fight custody?,You cannot 'fight custody' but you could make a police report first if you feel that your niece is being mistreated.
"My 16 year old girl, under my legal custody, was taken away by my 29 year old girl, without my permission, to my ex-in laws. How can I get her back?","You should first speak with your 29-year-old girl. Also, the ex-in laws may also have access rights that allow for your younger daughter to visit them."
"my husb insist for divorce , he insist on our twins custody (7years odl) not allowed them to visit me & my parents in indonesia (im singapore PR), i cant afford for lawyer fees in singapore so really need advise to who i should ask and get help for my",You may wish to check with Legal Aid Bureau but it is subject to a means test. Please see: http://www.lab.gov.sg/content/lab/en/applying-for-legal-aid/how-do-i-apply-for-legal-aid.html
my partner and I married in Au with a 2 yrs old son and recently we are seperated.can I go back sin and get legal aid to get my son'custody?,"This depends. If you have already applied for divorce proceedings in Australia, then you are unlikely to be able to obtain legal aid in Singapore. Further, please bear in mind that you can only apply for a divorce in Singapore if you or your spouse (i) have lived in Singapore for at least three years immediately before you apply for a divorce; or (ii) are domiciled in Singapore at the time of application."
"Hi Mr Lawyer, is it possible in Singapore to cut ties with family?",No it is not.
"I am a divorcee and I am not the biological father of the chilId, how can I the cdisown hild?","It is not clear what you mean by disown. If you are referring to your legal obligation to maintain the child, then this will continue unless a Court order directs otherwise (or if you and your ex-wife come to an agreement)."
Can I bring the courts order showing I have joint custody to the police station to request them to assist me to follow me to my ex wife house and help me to see my children .,"There is a distinction between custody and access. Joint custody allows you to make major decisions in your child's life, for eg, in his or her choice of school, religion, etc. However, by itself, joint custody does not assure you the right to visit your children on a regular basis. For that, you will need to have access rights granted by the court. As you have joint custody, it is likely that the court would also have made a decision on your access rights. Your right to visit your children will depend on the access rights granted by the court to you. As you have provided no details of such access rights, it is not possible for us to advise you on whether you can do what you have suggested."
How do I see my children if the Court grants care and control to the other parent?,"The Court will generally grant an access order to ensure that the parent without care and control will get to see his or her children regularly. If both parents can cooperate with each other, the Court will usually order  ?reasonable access? and the arrangements can be flexible. If not, the Court may set a timetable for access or impose specific conditions to be complied with."
Can my child choose who he or she wants to follow in a custody fight?,No. Your child can express their views to the court but the court will make a decision that is in the best interests of the child. The weight given to your child? s views will depend on their age.
How does the court decide on custody of a child in a divorce?,"The Court decides two things: (a) custody, which is the right to make major decisions on the welfare and upbringing of the child; and (b) care and control, which is the right to have the child live with you and to make every day decisions regarding them. Custody can be shared but care and control normally lies with one parent.The Court considers the welfare of the child (such as the child? s emotional and physical well-being) to be the most important factor when deciding custody, and care and control. Relevant factors include:-the role that each parent has played in the child? s life-the stability that each parent can offer the child-whether the child? s existing care arrangements can be left as they are-the child? s age: care and control of a very young child will normally lie with the mother-whether there are siblings: the Court tries if possible not to separate siblings-the child? s wishes, if he or she is old enough to express an independent opinion-the parent? s wishes, which comes second to the welfare of the child"
how i defend myself if i being served with PPO .during counselling was inform by my lawyer to come to agreement with my wife by writing LOU.,"Your lawyer will guide you through the drafting of your affidavit. If you are not satisfied with the order, you may appeal to a Judge of the High Court. The Notice must be filed and served within 14 days of the order."
"Can a parent be charged with assault or abuse for hitting and slapping their child causing bruises just because their child performed badly in school. Also, what type of corporal punishment is legal for parents to administer and under what conditions can","It depends; by law, corporal punishment of children is unlawful where it causes the child unnecessary physical pain, suffering or injury, any emotional injury or injury to health or development. However, parental physical punishment that is not excessive and is used by way of correction is not legally regarded as family violence, and is hence to that extent unlikely to be unlawful."
I am 19 years old and was recently involved in a fight with my parents. I left in an ambulance and have a medical report is there any way to press charges?,"Depending on the facts of the case, you could possibly sue them in tort for battery, or lodge a police report on the grounds that they have voluntarily caused hurt/grievous hurt."
"As im still a minor, can my parents put my boyfriend under a protection order? I am 17 years old","Your parents will be able to make the application on your behalf. However, if you refuse to sign the affidavit, the Court is unlikely to make this order on your behalf."
How do I satisfy the court that a personal protection order is necessary for my protection?,"If you have police or medical reports relating to your case, you should bring these with you. However, you do not need to have copies of such reports to file an application for a PPO. Please refer to https://www.familyjusticecourts.gov.sg/TBD/Pages/How-to-apply-for-a-PPO.aspx for more information."
I am 18 years old but still financially dependent on my parents. My mom has been starving me knowing I am unable to obtain immediate & steady cash flow anywhere else. Can I sue for neglect?,"Yes, you can apply for maintenance. You can also sue for the treatment."
i have a brother that is causing trouble in my family. He does terrible things to both my family and myself. I just want to ask if it is possible to use law to make him move out of the house.,"It depends on what you mean by ""causing trouble in [your] family"". If your brother inflicts violence, you may wish to apply for a Personal Protection Order (PPO) at the Protection Order Services of the Family Court. If there is imminent danger of physical violence to any of your family members, the court may grant an Expedited Order. Alternatively, the court may grant a Domestic Exclusion Order in exceptional circumstances, usually after a PPO has been disobeyed."
Can parents apply restraining order against child? Any justification/document needed?,"Yes, parents can apply for a Personal Protection Order (PPO) against their child. You can find out more about the process here: https://www.familyjusticecourts.gov.sg/TBD/Pages/How-to-apply-for-a-PPO.aspx"
"He borrowed money heavily for personal vices. Ovr the yrs continued to borrow and coerced parents how to borrow fr family friends. He gets violent. Elderly parents feared for own lives and also disheartened. Any laws to help break away from him, ie: paren","If the person concerned is a family member, you may apply for a Personal Protection Order against him.See for more info: https://www.familyjusticecourts.gov.sg/TBD/Pages/How-to-apply-for-a-PPO.aspx"
"What are the precedent cases for Protection from Harassment Act with regards a particular family member harassing other members without just cause e.g. Threatening, destruction of property, verbal abuse",It is not clear what you are asking. Please see https://www.statecourts.gov.sg/FillingForHarassment/Pages/CIVIL-REMEDIES.aspx for more information.
Can i legally force my spouse to undergo a psychological assessment if the spouse is suffering from serious psychological issues which is taking a toll on my family and my kid? Note the spouse refuses to go for assessment and treatment.,No. It is not legally permissible.
"I have been charged with family violence, what should I do",You should engage a lawyer to defend you or at least consult one to know your legal position.
my 8 year daughter gets beaten and threatened regularly by her mum who has custody (we are divorced). any child abuse protection policy that exists here that can be used to protect my child from further mental and physical abuse by her mother?,"You can consider applying for a variation of the custody order to seek care and control of your daughter. Alternatively, you can apply for a personal protection (see https://app.statecourts.gov.sg/family/page.aspx?pageid=3768) although you should be mindful that you will need cogent proof (medical reports etc)."
Can i sue my husband for verbal abuse? Many times he shouted at me to the top of his voice with vulgarities.,"You may apply for a protection order if there is family violence. Family violence is defined in the Women's Charter as:he courts must also consider whether the charge of family violence is properly satisfied before granting the order. As defined in Section 64 of the Women? s Charter (Cap 353), family violence means any of the following acts:(a) Willfully or knowingly placing, or attempting to place, a family member in fear of hurt;(b) Causing hurt to a family member by such act which is known or ought to have been known would result in hurt;(c) Wrongfully confining or restraining a family member against his will; or(d) Causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member."
Can my boyfriend who is under police investigation since February and had his passport confiscated allowed to leave this country?,An individual cannot leave Singapore without a passport.
my son 16 yesrs old was recently detained by police for investigation of a riot. he was denied of his request to make a call to inform his parents. pls advise what is our rights under this scenario,"Generally, if the police deny his request on the basis that it will affect the investigations, there is little that you can do from a legal perspective as his parents."
I have been called for an investigation for importing 5 e cigarettes. Will i be arrested during the investigation?,"You may be. However, it is likely that you will be released on station bail even if you are arrested."
Does plea bargaining occur at the police investigation stage or at the PTC? Can I request for a lighter sentence to the IO in exchange for cooperation? Can I plea bargain at the PTC stage without a lawyer?,It can take place at both stages depending on the severity of the offence. You can plea bargain without a lawyer.
Is it possible to be requested to be bailed out without a bailor by depositing a sum of money (unconditional bail)?,"It depends on the terms of the bail offered by the Court. If the Court requires a surety, then this must be complied with."
How long does a remand process take?,"In cases where no bail is offered or bail is offered but not taken up, the accused person will be remanded in the Prison until the bail is furnished or the case concluded, whichever is earlier"
my son have been detain for robbery since wednesday by the police. it has been more than 48 hrs. I would like to know is this normal procedure or who should i seek. Thanks.,"It is not normal for your son to be detained more than 48 hours. The police are required to charge him and apply for him to be held for longer. We suggest that you consult a lawyer immediately or you should check with the police. If the potential offence is robbery, the police are likely to have applied to Court to detain him for further investigation."
"My husband was arrested for loanshark activities, do I need to engage a lawyer?","It depends on the facts. However, a lawyer would generally be able to advise you and your husband on his rights and how to best mitigate or defend the situation."
hi just want to know if commited an offence of 376 penal code..is it possible to bail out..and how much the amount?,"It is possible for the accused person to be bailed out (although this is up to the court). The amount depends on the specific facts of the case, but it would be substantial."
"my mum has been arrested for attempted suicide, how long will she be arrested? Is there a way to shorten it?","We are very sorry to hear about this. Section 309 of the Penal Code sets out the fine and jail terms of the offence:Attempt to commit suicide309. Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.However, you may wish to point out mitigating circumstances which may lead to a more lenient sentence."
"I have read an overseas website and there was conditional bail and unconditional bail.Does it occur in Singapore? My university friend was arrested for upskirting. However, he did not need to make regular trips to the police","Yes, it is possible to be granted conditional and unconditional bail."
"I initially denied any wrongdoings during first 48 hours of investigation. One week later, I decided to cooperate. Will any actions be taken against me?","It is not clear what you mean by ""any actions"". The decision whether to prosecute you is made by the public prosecutor who will take into account all relevant factors. The fact that you did not cooperate during the initial 48 hours is merely one factor."
how many times can someone be remanded for up to 48 hours?,"You can only be remanded for 48 hours in the first instance. Thereafter, you have to be produced before a Magistrate's Court where the Magistrate will decide whether to remand you further."
Can I request to see a pro bono lawyer during police investigation? There is no contact with the outside world there. What should I do instead of answering wrongly.,"As the law currently stands, there is no right to consult a lawyer during the first 48 hours of the investigation. Thereafter, you may be able to consult a lawyer but this is a question of fact. Separately, there is no right to a pro bono lawyer - if you cannot afford a lawyer, the state will only provide you with a lawyer in the event that you are facing a capital charge. It is difficult to advise as to how you should answer as that is a question of fact."
"I am relased on bail after 24h @ CPIB. I am sure no offence was committed. Its been a month no news, what should i expect?","You may want to contact the IO to find out more. Unfortunately, there is no limitation period for criminal prosecutions. However, no news is good news in this situation."
"For posting bail, if I cannot raise the money, what else can I produce to post bail?","Unless otherwise ordered by the Court, you may be able to pledge personal properties such as household items, jewellery and watches (up to S$15,000 in value). These items must belong to the bailor (not the accused), it may not be on hire purchase and the value will be determined by the Bail Centre."
What is bail review? Do I need to engage a lawyer for bail review?,It is a hearing to determine whether the amount of bail offered is too high. You can handle this yourself although it may be useful for you to consult a lawyer first. You may find this resource useful: http://app.subcourts.gov.sg/criminal/page.aspx?pageid=64541#faq2-1
I am under police investigation and unemployed. is this the right time to file divorce from abusive hubby  whic is my bailor?,It depends on whether you can find an alternative bailor. You may want to consider approaching the Legal Aid Bureau for assistance.
Can I stand as bailor or surety for my relative?,"Anyone who is above 21 years old, not a bankrupt and does not have any pending criminal proceedings against him or her can stand as a surety, subject to the discretion of the court."
What is the procedure for granting bail?,"An accused may be offered police bail after his arrest and before he is charged in Court. Once the accused is formally charged in Court and until the case is concluded, the police bail granted may be extended or fresh bail may be offered at the first mention by the Court. Once bail is granted, the accused will be remanded until the bail bond is executed. If the bail offered is not processed within the same day, the accused will be remanded (imprisoned) until his next appearance in Court unless someone agrees to stand bail for him. If a person agrees to be the bailor, he would have to go to the Bail Centre during its processing hours. The accused will be released from remand once the bail is furnished."
Who can grant bail?,"The Court, a police officer who is not below the rank of sergeant and other law enforcement officers are empowered to grant bail."
How much is bail?,"The amount of bail depends very much on the seriousness of the offence. Bail may be increased or reduced at any time by applying to the Court. If the police asks for bail in the sum of S$5,000.00 or more, the ability (means) of the bailor to stand bail will first of all have to be checked by the police and reported to the Court before granting bail. A bailor may show his ability to stand bail by depositing cash, or producing fixed deposit certificates, bank passbooks, car log books, title deeds to a property, share certificates or valuables."
When may a person be released on bail?,"While most offences allow the accused the right to bail, some offences are non-bailable. However; a Magistrate or District Judge has the discretion to grant bail even though the offence is non-bailable unless the offence is one where the punishment is death or life imprisonment."
What is bail?,"Bail is a security either in cash or by an undertaking given to the Court or the police to ensure that the person released on bail (the accused) attends Court on all subsequent dates until the case is over.. The person furnishing such a security is called a bailor or a surety. When a person agrees to be a bailor or a surety, he is said to be ""standing bail"". Depending on the amount, the Court or the police officer may allow more than one bailor for the person bailed.The surety or sureties who procure the release of the accused become responsible for his appearance when required at the stipulated time and place. The responsibility of a surety to ensure the attendance of the accused in court is very serious."
What happens after I am arrested?,"On arrest, you may be searched and brought to a police station for questioning. Pending questioning, you may be detained in a lock-up. You will be required to surrender whatever you have on you. A list of these things will be made and you will be asked to confirm it. A copy of this list will be given to you.You may be detained for a maximum period of 48 hours from the time of your arrest. If the officer wants to detain you for more than 48 hours, he must bring you to Court. During this period you may be taken out for searches. In Court, the officer must tell the Judge why he wants to detain you further. The Judge will consider the reasons given and then decide whether you are to be further detained. If the police or other officers do not wish to detain you for more than 48 hours they will let you go on a personal promise or put you on police bail to make sure you go back to the station or attend Court when told to do so."
Is being a camgirl or webcam model in Singapore illegal? I understand that camgirls are known to be explicit but what if I am a non-nude camgirl? Like I dont go full nude and just talk & interact with my viewers in a live stream and get paid money for the effort.,"There is no law yet governing webcam models in Singapore. Appearing naked in public view despite being within the confines of your own home is criminalised by section 27A of the Miscellaneous Offences (Public Order and Nuisance) Act, though this should not apply in your situation."
Is it illegal to film you and your partner engaging in sexual activities and keeping the videos?,"Under the Undesirable Publications Act, the Penal Code and the Films Act, it is illegal to keep, distribute or sell pornographic materials. For more information, see https://singaporelegaladvice.com/law-articles/what-is-the-law-on-pornography-in-singapore/."
Will i be in trouble with the police or face legal repercussions if found in possession of a banned book for example? once a jolly hangman? ?,"It is an offence under the Undesirable Publications Act to possess a banned book or extracts thereof without reasonable excuse, and you may be fined not exceeding $2,000 or imprisoned not exceeding 12 months or both. Regarding your example, however, there are currently only 17 prohibited publications under the Act and Once a Jolly Hangman is not one of them."
"I forged some of my MCs, I was fired without notice for this. HR wants me to pay back the salary for all sick leaves taken in 2 years of work. Payment to be done in less then a week. Have I committed a crime? What's the implications for me if they",You should only be liable to account for all sick leaves taken if they were indeed taken on the basis of forged MCs. Genuine sick leaves should not render you liable.
Bring a lit up cigeratte in lift but not smoking it . is it illegal?,It would be illegal since the prohibition of smoking does not depend upon there being an actual act of inhalation. A lit cigarette would be sufficient to cause inconvenience to others and trigger any smoke alarm.
"What is the difference between section 323 & 325? My boyfriend was charged section 325, his police did not mention anything but saying they have evidence to proof my bf was hurting other parties.","Section??325 (of the Penal Code) concerns a more serious type of hurt than s??323, and, as a result, carries with it greater penalties (10 years and fine/caning, as opposed to 2 years and/or fine up to $5,000 under s??323.) Section??320 of the Penal Code designates certain types of hurt which constitute  ?grievous hurt? , including permanent privation of the sight of either eye or the hearing in either ear, permanent disfiguration of the head or face, and fracture or dislocation of a bone."
"Can I check with you, under Section 506, criminal offense , can the police charge me if the person was not hurt in the process and there was no eye witness and cctv.","Yes, you may be charged. A mere threat to inflict bodily injury, property damage, or damage to reputation upon another, when accompanied by an intention to cause alarm or to coerce the victim to do something he is not legally bound to do, may amount to criminal intimidation under section 503 of the Penal Code. It matters not that there was no eye witness or CCTV recording."
"On a Tioman trip with friends and lecturer, I (male) found a spy cam belonging to lecturer. It has images of me in toilet. Will police take up case? Or will have to sue?","We are unable to advise on whether the police will take up the case as that would depend on matters of evidence and their assessment of the strength of the case. This is independent of your choice to sue. Further, the remedies under both are different. A police prosecution would not allow you to recover damages or obtain other remedies, if you are interested in that."
Is it legal for schools to search through students' cell phones without their prior consent or their parents? More than 50 phones were confiscated based on accusations from other students that they were used in class and then social media and messages,"It depends on the circumstances and the issues involved. There are various issues here depending on the age of the students, the agreements involved, the scope of the school's authority, the consent given by the students etc."
"I took an unattended handphone, will I be charged for theft and this is my first offence.","It is not clear based on your facts whether you will be charged for theft. This depends on your age as well as all the other factors, but this is a possibility. Depending on the circumstances, it may well be that you are given a stern warning or that you are charged for the dishonest misappropriation of property."
"18, female, Singaporean. Stole an item worth less than $20 and was caught. Pleaded guilty right away and is now on bail. First offence. Is there a chance of my friend being given a warning or will she be charged?","Yes, there is a chance."
Is catfishing a crime? What is the likely sentence if convicted,"It depends on what you were doing on the various accounts. The improper use of social media is not necessarily itself a crime but this really depends on the specific facts and how you obtained the information on the various accounts. Further, it can potentially give rise to various offences including deceit, criminal breach of trust or fraud."
Cbt charge of $900. Cant afford to pay back. Whats the likely sentence?,"This depends on the facts of your matter, including the circumstances of the CBT, as well as the accused person's criminal record. In general, the sentence should range from a fine of around S$2,000 (in default, a couple of weeks of imprisonment) to a short custodial term."
"I understand online sport and casino gambling is illegal in Singapore.May i know about game betting for example League of legend, counter strike and Dota 2. is it legal in Singapore ? http://egb.com/tables#dota","It depends. The general position is that the Remote Gaming Act does not cover games which do not, as part of the game design, enable players to receive money or money? s worth consequent to the outcome of that game. It would also generally not prohibit leader-boards, which rank and reward top players, or tournaments organised by game developers or promoters where players can win real-world prizes. Instead, it is meant to prohibit casino-style games which give players a chance to win money or real-world merchandise."
Is it an offence to do round-tripping credit card transactions on local e-commerce websites/apps to accumulate credit card points?,"it is not clear what you mean by round-tripping credit card transactions. If each purchase is legitimate, then it would not be an offence."
"If AGC decide not to charge some1 who use my IC to purchase deals, cause me monetary loss,is it considered case closed?","The prosecution case is closed. However, if you have suffered any loss, you can pursue your claim."
"Hi, can i know whether is littering a criminal or civil offence? As im being enlisted into the police force, will it affect my career in the police force?","Littering is a criminal offence. However, you have not made clear whether you were permitted to compound the offence or if you were charged in Court. If you were allowed to compound the offence, then no records will remain."
what does it means when the police told you they are waiting for advice from AGC prosecutor? Does it means the police has decide on a charge but waiting for advice wheger can proceed or they want to gives stern warning but need to seek advice?,"It means that they are waiting for AGC to decide how to proceed. The AGC is the one that decides whether to charge or warn you, not the police."
I am on bail currently. Have a sec 380. But me and my wife doesn't have the intention to steal the item. But we were confronted by the shop staff before returning it. Any advice on this?,"If you do not have any intention to steal, you can claim trial and require that the prosecution prove its case. This is a question that is dependent on the specific facts."
What will the likely sentence be for someone who has been charged for possession of 1g of Cannabis and paraphernalia?,"This depends on the specific facts of your case, including the criminal record and the specific age. The sentence is likely to be in the range of 6 months imprisonment."
I approached a prostitute but did not engage in her services. Did I commit a crime?,No.
"Is it legal to solicit donations online? The donation is going to an individual, not a registered organization.","It is, strictly speaking, not illegal although you should be mindful of what you are doing as there can be other ancillary offences."
I accidentally stumble onto an illegal website. I did not download or save anything and closed the site immediately. Do I have to report it to the authorities to prevent myself from getting into trouble?,No.
"I have made a police report 2 years ago about molested. Reported to police, but until now no news, what can i do?","You should write to the investigating officer assigned to your matter to ask for a formal update. You should also copy your request to the Commander and Head Investigator of the Police Division in question. In the event that the police decline to take any further steps, you may want to consider commencing a private prosecution if you feel strongly about the matter."
"i had being charge of missappopirate handling other property by defender . Which i denial during the investigation . What should i do , should i engage a lawyer ?",It is difficult for us to advise you without knowledge of the specific facts. You may want to consider consulting a lawyer for this.
"Is it possible to withdraw a police report that I have filed where I an the victim of a crime, such that there is no record of it?",No.
"if I make representations to AGC not to prosecute me, what documents must I prepare?","This depends on the facts of your specific case. Generally, you should submit with your representations any documents that would support the points you are making - e.g. testimonials, evidence of a supporting family, exculpatory evidence, etc."
I have been charged with outrage of modesty under Section 354(2) with a similar charge taken into consideration. What are the chances of me being able to ask permission from the judge to successfully settle it out of court? I have no previous criminal rec,"If you want to compound such a case, you will need to obtain the consent of the victim, the prosecutor as well as the judge. If the prosecution objects, then you will have to apply to the Court for its consent. The chances of success depends on the specific facts of your offence."
penal code 294 is not in the first second and third schedule of the Registration of criminal act. does it mean that i am criminal free after conviction?,This means that your conviction under s 294 PC is not recorded in the Register of Criminals. It does not mean that you have not been convicted.
what is the penalty for obstruction of justice?,"It is not clear what you mean by obstruction of justice. The Penal Code provides that ""Whoever intentionally obstructs, prevents, perverts or defeats the course of justice shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both."""
"If I'm jailed for traffics offence, will I have a criminal record? Do I have to declare when applying for jobs?","Yes, that will constitute a criminal record, which will have to be declared if the employment form asks for it."
what and how long is the sentence for drug consumption?,"Smoking, self-administering or consuming a controlled drug or a drug specified in the Fourth Schedule of the Singapore Misuse of Drugs Act is punishable upon conviction as follows: a maximum of 10 years jail term or $20,000 or both."
What happens if I fail to attend a criminal court mentions hearing? Can I produce a medical certificate to excuse my attendance?,"If you fail to attend a Court mentions or hearing, a Warrant of Arrest will be issued by the Court. If you are on bail, your surety may have his bail money or property forfeited by the Court. A medical certificate will not be accepted unless: (a) it contains the name of the medical practitioner who issued the certificate; (b) states the name of the hospital/clinic in which he practices; (c) indicates that the person to whom the certificate is issued is unable to attend Court; (d) specifies the date(s) on which he is unfit to attend Court; (e) it is signed in full by the medical practitioner and must not be merely initialled; and (f) it is authenticated by a rubber stamp showing the medical practitioner's full name and designation in the hospital or clinic."
What is mitigation?,"A plea in mitigation refers to facts that may tend to reduce the sentence or persuade the court to be lenient when imposing sentence. Such facts may include, family background, educational qualification, medical history, employment history and other relevant factors which led to the offence."
"I have been charged with a serious criminal offence, should I engage a lawyer?","Self-representation should not be taken lightly. A criminal case may have severe consequences. If you do not have a lawyer, you will have to prepare your case and do the legal research to represent yourself which may not be easy. Even if you choose to represent yourself in court or have no choice as a result of circumstances, it is advisable to start speak to a lawyer to help you understand the law and the procedures that might apply to your case. Ask what it would cost to hire a lawyer to handle it for you. In some instances you may be eligible to obtain free (pro bono) legal advice or representation."
How do I start a criminal action?,"The prosecution of criminals is an action by the State against an individual. The decision of whether to charge an individual with a crime lies with the Attorney General's Chambers (""AGC""). If you suspect a crime has been committed, please make a report to the Police. They will investigate the matter and forward the results of their investigations to the AGC, who will decide whether a charge should be made. If either the Police or the AGC is of the view that no charges should be made but you remain of the view that a crime has been committed, you can file a Magistrate's Complaint. Information on how that is done can be found at this page: http://app.subcourts.gov.sg/criminal/page.aspx?pageid=10028"
"Hi, I wasn't able to attend hearing previously, now State Courts issued a WRIT against me. But I have a genuine case against this personnel, and i need a fair hearing. What do I do now? Thank you.",You will have to attend Court and make your submissions.
"Hi, IRAS has charged me for a criminal case on 27th Jan 2017 @ Court 23 @0900hrs. I want a pro bono lawyer. My income is $0. Please advice.","If the charge you are facing meets certain requirements, you may apply for a pro bono lawyer under the Criminal Legal Aid Scheme. You may visit http://probono.lawsociety.org.sg/Pages/Criminal-Legal-Aid-Scheme.aspx for more information."
"If a person is charged with cannabis offence for the 1st time of consuming it, can a lawyer meet him in rehab while waiting the cannabis tests results",Yes.
How do I submit a mitigation plea before the hearing?,"A mitigation plea can be made in writing and sent to the Court a few days prior to the hearing of the matter. Remember to state clearly the charge number so the Court has a reference, and also attention the plea to the Judge who will be hearing the case (if you know who that is)"
Hi.What is the outcome if i falsify furnishing a driver details and if i have 9 charges.Do i get a fine or jailed?As the prosecutor told the judge to include a jailed term for me.Haiz,"Pursuant to section 177 of the Penal Code, when a person is legally bound to give information to any public servant but knowingly furnishes false information instead, he may become liable for a fine of up to $5,000, imprisonment of up to 6 months, or both. The judge will decide your sentence after hearing the submissions from both the prosecution and the defence. Examples of considerations that the judge would likely take into account include aggravating factors such as whether you have committed a repeated offence; and mitigating factors such as remorse or your personal circumstances."
"Without CCTV camera's or witnesses, how does a IO prove and affray charge without reasonable doubt? If unable to, what are the possible scenarios of charges and probability of dismissal or a charge or a stern warning given?","Potentially, they may prove the charge via indirect or circumstantial evidence which, taken in totality, lead to an irresistible finding of guilt. If they are unable to prove a criminal charge beyond reasonable doubt, then the accused cannot be convicted of that particular charge; whether the accused is eventually convicted of another charge really depends on the circumstances."
"I was tricked and forced into criminal activities such as loansharking, harassment etc. while I was working overseas. I tried to escape but was caught and ended up paying a ransom in order to leave. Am I culpable for the crimes they make me partake in at","You may be found not culpable if you were compelled to commit the offence by threats, which at the time of the commission of the offence, reasonably caused the apprehension that instant death (whether to you or another person) would otherwise result. This is provided that you did not commit murder or offences against the State punishable with death, and that you did not place yourself in such a situation of your own accord or based on threats short of instant death. Even if you fall short of this defence, the fact that you were tricked and forced may be regarded by the court as a mitigating factor and hence you may receive a lesser sentence. Though another country's laws may apply if the crimes were committed overseas."
Hi I need an advice. My 12 year old son recently got caught by the police for taking drug. Will they give my son probation or charge him in court? I need to know do I need a lawyer so he can get probation. As a parent doing time is the last place we want,"A lawyer would best present your son's circumstances and to plead on behalf of your son for a more suitable punishment. Depending on the circumstances, probation may or may not be appropriate. It is best to seek legal advice for this matter, and the Legal Aid Bureau's services may be available should you qualify for it."
I am 17 and charged with drug trafficking and consumption of drugs. What are the likeliest sentence given if I'm convicted?,"In determining the sentencing, the court may consider various factors, such as amount and the kind of drugs, your age, whether you committed any crime before, etc."
"my bf did a criminal offense under section 435 penal code(chap224). he was remanded in imh for 2 weeks, as he did his offense with no bad intentions.now he is custody for 3 wks in prison for further assesments. is he likely to get probation or rtc?",It would depend on the facts of the case and surrounding circumstances. The Public Prosecutor has the discretion to decide.
"Ive been charged with section 406 criminal breach of trust. Im a mother of 4, age from 9 to 3 months old. My 3 months old is currently fully breastfed. May i ask what should i do to get a lighter sentence of fine only?","If convicted, you may face imprisonment for up to 7 years, or with fine, or with both. Your sentence will depend on the facts of your case. The Court will take into account mitigating factors (e.g. your child needs to be breastfed; you are the sole carer of the children), but it is not uncommon for a custodial sentence to imposed, even in such cases."
if i am 16 and i convicted to the Moneylender's Act (Cap. 188) [Sections 14 & 28] . will i have chance to get probation??,"Given your age and the offense for which you have been convicted (provided that you have not previously been convicted of any offense for which the sentence is fixed by law), under section 5 of the Probation of Offenders Act, the court has the discretion to make a probation order instead of sentencing you."
"My friend had been charged section 380 and have admited and shown regret to the crime made when recording statement. She've been asked to visit the IO 2 weeks ltr,She has a clean record, what will the possible charges be?Is there any way to help to re","The possible charges are section 380. This may potentially be reduced to section 379, and she may seek probation or community sentencing depending on the specific facts."
"My father is a loanshark runner. He only collect money but no harassment and never use any bank account. Only for two weeks and he also became an informer, what is his penalty?","This depends on the specific facts of your father's case. Generally speaking, such acts would constitute an offence under section 14 of the Moneylenders Act. The penalty provided would be shall on conviction be punished with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 4 years. In addition, he shall also be liable to be punished with caning with not more than 6 strokes."
I have been charged for Hiring worker without permit and I'm on bail. The case is still investigating. And I'm doing business without license in HDB. What is the sentence if I am convicted?,"The employment of a foreign worker without a permit is an offence which renders you upon conviction to a fine of not less than $5,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both."
"If my relative is sentence to 8 weeks imprisonment, how long does he need actually to serve after deduction of good behavior?","On the assumption that he qualifies for remission, he is likely to be released after he serves 2/3 of his sentence."
Given probation for carnal connection 12yrs ago.Is it consider conviction & have criminal record?ask coz job application,"No, it is not considered a conviction: see s 11 of the Probation of Offenders Act."
I have been charged for simple hurt , what is the likely sentence if I am convicted?
I have been charged for outrage of modesty or molest , what is the likely sentence if I am convicted?
I have been charged for theft in dwelling, what is the likely sentence if I am convicted?
I have been charged for simple theft, what is the likely sentence if I am convicted?
"My ex company lodged a police report against me that I took $10k from the company which I only admitted $3500 on a confession letter written by me and requested by the ex company. They threathen me and my family, and requested to pay remaining $6500 or el","Regardless of whether you owe the remaining $6,500, the threats from the company towards you and your family may constitute harassment. Furthermore, if you only took $3,500 and the company does not have evidence proving that you took $10,000 from it, then you may ignore the threats that have been made."
Is consensual fight legal in Singapore?,"The defence of consent under section 87 of the Penal Code covers acts not intended and not known to be likely to cause death or grievous hurt, done to any person above 18 years of age, who has given consent. If the participants are fencing or sparring for amusement and act in fair play, then it is likely legal.Section 87 of the Penal Code provides an illustration of this defence:-A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence."
Is infecting someone with a non- life threatening STD considered a criminal offence?,Section 269 and 270 of the Penal Code refer only to diseases that are dangerous to life. It is technically not a criminal offence under the Penal Code or the Infectious Diseases Act.
i am a bankrucy. debtor collector harrass me and my house frequently. my company already ceased trading for about last 2 to 3 years and there is no bank account. Police reported several times but not helping. cctv was captured of their action of harassmen,"Depending on the acts of the debt collectors, you may have a claim against them for harassment or trespass."
Is throwing water at someone's face considered assault/battery?,You may face the criminal action and/or an action in tort for battery.
Can I go to the police if a relative is harassing me in my workplace and making calls everyday to threaten me?,"Yes, you can."
Husband & Wife are separated. Wife moved out of the house but weeks later visited to plant a hidden camera in his bedroom to capture intimate acts with other women. Husband found wires in the air conditioner in the room. Wife admitted to planting survellience,"Under section 7 of the Protection from Harassment Act, it is an offence to unlawfully stalk a party. This includes placing a party under surveillance by planting a hidden camera."
Can parents make police report to charge 18 year old daughter for going oversea without permission ?,"No, it is not an offence to leave the country without parental permission."
"Hi, I was jailed for 8 weeks for the offence of Insulting the Modesty of a woman (Section 509). The judges took in consideration of Criminal Trepassing and possession of obscene materials. Do I get a criminal record for this offence and how can I appeal against it?",You will have a criminal record and you will have to file a notice of appeal with the court registry within 14 days after the date of sentence.
"My friend and his relative started a small shop without any legal documents and only based on trust. Due to some miss understanding, my friend was assaulted by his relative and his eyes are affected. What is the course of action police will take on this c","They may charge your friend? s relative with the criminal offence of voluntarily causing hurt or voluntarily causing grievous hurt, depending on the severity and permanency of the eye injury."
I was accused of theft and admit it.  but the victims agreed out of court settlement and drop the case. Will i still be charged and sentenced,"Large degree of discretion is given to the public prosecutors. Hence, the chance of being charged and sentenced is still there."
"I have a case TIC of under age sex in 7year ago so now if I got a flash charge of possession of weapon will they bring out my old TIC case? Because I not sure how TIC work and mean, cause issit similar case den they will drag out my TIC sex case? Cause se","Your old TIC case is unlikely to be invoked; TIC cases are outstanding offences (i.e. that were not proceeded with against you) that were taken into consideration for sentencing purposes regarding your principal charge seven years ago. It may potentially be admissible under the Evidence Act as evidence of bad character (if you try to adduce good character evidence) but the fact that your present offence is unrelated to your past case diminishes the latter? s relevance, if any."
"Hi, I would just like to ask if I was charged in court for section 509 insulting the modesty of a women, and jailed 4 weeks. Is it a registrable offence? Do I have a criminal record? And if so, can it be rendered spent after five years?","The offence with which you were charged is not a registrable offence. As such, you will not be registered on the relevant Register."
I am being falsely accused of rape for consensual sex which happened 1.5 years ago. The complainant forwarded a photo of a police report. What must I do next?,"There is nothing that you need to do. The police will investigate into this matter and you will be invited to give your statement to the police. If you are concerned, we would recommend that you consult a lawyer who specialises in such work before you speak to the police."
Are photos and police report good enough to get a PPO? I did not get checked up at the hospital because it was only a slap and scratch.,"It depends on the surrounding facts. If the injury is minor, the Court may be more hesitant in granting a PPO."
Is mercy killing an offence? My in-law is suffering from terminal illness for almost 2 years and in semi coma. She needs full time attention every day and night. Her children can't see her suffer anymore and have no time to care.,"Yes, this is an offence."
"My younger brother,who is 15 y/o has been accused by school of looking at a 8yo kid's private parts in a toilet. Is such an act, where w/o intent, illegal and if so, what's the charge?If my family is unhappy with the school investigation,how can w","It is unclear what you meant by 'without intent'. Accidental glancing is not an offence, and in fact your brother will have been a victim. If he made any act to attempt to look, then intent is present for the purposes of an offence."
Is mercy killing an offence? My in-law is suffering from terminal illness for almost 2 years and in semi coma. She needs full time attention everyday and night. Her children can't see her suffer anymore and have no time to care.,Yes
"i was voluntarily beaten in restaurant I am OKU 64 year old by group of 15 persons they have pleaded guilty on the 29 april - can i ask use lawyer because the danaged my OKU 2 wheeler motor cycle, smashed my phone and stole my sim Can anyone help guide",You should request that the prosecution seeks an order of compensation from the 15 persons. That would be the most cost efficient manner of recovering your losses.
"if i provide porngraphy website link to someone, is it a criminal offence?","Depending on the specific facts (the person you are providing it to, the type of content, your country of residence etc) It can be an offence under Singapore law."
I was charged under VCH. This happens after a traffic accident. I shoved my shoulder into the other party shoulder. Both of us does not need any medical attention.What would b the likeliest outcome? Would it still be VCH if no injuries has occurred?,"It depends on the facts of the specific case and your personal circumstances. It can still be VCH even if there were no injuries at all. This is because hurt includes bodily pain, and is not limited to physical injuries."
Receiving abusive messages from my ex partner in Singapore how can I gain a personal protection order next time I visit Singapore?,You may wish to refer to this:https://www.familyjusticecourts.gov.sg/Common/Pages/FamilyViolence.aspx
Can licensed debt collectors threaten or harass debtors?,This depends on what they are doing. Licensed debt collectors are subject to the same legal constraints as everyone.
"A heated argument led to a family member wielding a chopper towards another with no intention of hurt. however due to disarming the weapon, a member got hurt with a ruptured tendon. what will happen if the victim decides to report this case?",The police will investigate the case and decide based on the evidence whether to proceed with a criminal charge against the family member who caused the injury.
I was charged under 'voluntarily causing hurt'. The incident happen when someone kick my car when I failed to stop for him at a zebra crossing. We got into a scuffle after I confront him and he file a report against me. What is the likely sentence?,"This depends on the injuries caused. If the injuries are minor, then a fine is possible. However, if the injuries are severe, then a short custodial sentence is likely, especially since this is likely to be viewed as a road rage case."
My ex girlfriend threatened to file a false rape case after we broke up. What can I do ?,You can put her threat on record by making a police report.
Is it an offence to slap a person in public in singapore ?,Without consent? Yes.
"if i slap a person face , is it an offence ?",Without consent? Yes.
my friend have a pay sex with a prostitute and have check her passport to ensure 18 before proceeding. what if she use a fake passport and she below 18. in this case is this case fightable in court??,No. He will still be liable unless he is a first time offender under the age of 21.
i am charged with insult of modesty. i placed an electronic device in the bathroom. i am first time offender.will i be fined or go to jail?,"This depends on the particular provision in the Penal Code you are charged with, and whether it provides for mandatory imprisonment. If the provision provides for mandatory imprisonment and you are found guilty, then you will go to jail. You may find out more about the provision you have been charged with here: http://statutes.agc.gov.sg/aol/home.w3p"
I've been charged with Outrage of Modesty. I am 20 years old & have no past records. What is the likeliness sentence to be dealt with & is it possible to settle the case out of court?,The sentence depends on the facts and circumstances of the case. You may wish to make representations to the DPP to explain why you should not be charged.
"I had an altercation with a customer at work. We had verbal exchanges but she threatened to slap me and beat me up which I didn't respond to. However, I did say a few vulgarities toward her. Is there any grounds for her to sue me? Btw, I'm an SPR.",Probably not.
"two guys debt management came demand for $56k becuse of what my hubby bike purchase. They came before and shut the house power supply. We notified police. Hubby did bought a bike about 20+ yrs back but already settled, did not owned bike for ages.We are very worried our ki","You may wish to highlight the fact that your husband has settled the debt to the debt collectors. If they persist in their actions, you may wish to make a further police report, or consider a harassment action against them."
I will be charged for rash act? , what is the likely sentence if I am convicted?
"I have been charged for word or gesture intended to insult the modesty of a woman, i was basically drunk texting. What is the likely sentence if I am convicted?","This depends on the specific facts of your case. However, a fine of $1,000 to $2,000 is the norm."
"Is oral sex defined as sex in Singapore? If oral sex but no penetrative sex takes place with a minor, is it still an offence?","Oral sex is not considered ""sex"". However, oral sex with a minor (under 16) with or without her consent is an offence, and it is also an offence to obtain commercial oral sex from a minor (under 18)."
What can I do if a person has my photos and personal data in his computer and mobile? He steals data through his company database as he is IT admin.,This may be regarded as theft. You may want to make a formal complaint to your company's management or make a police report.
"there is a guy who is using my pic on apps to solicit sex from guys, i made a police report but they said that if i dont intend to sue, they cant do much. Is this true? if it is, why so? Im only 19 and my family cannot afford legal help.","The police can decide whether to pursue a criminal investigation on the matter, which then may or may not lead to a criminal prosecution. Alongside that, you have the option of commencing civil proceedings, which is what the police probably meant."
"My mum hired a contractor to rebuild our house. We paid in full. 16 months later, the contractor is sending rough looking people to claim for payment for additional work done in a new invoice we did not agree to. Hiring a lawyer may cost more than the fra","It is not clear what your question is. If you are being harassed, you may want to consider making a police report. If not, you may have to consider whether you want to settle the matter with the contractor or to seek legal advice."
I have been slandered in 'watsapp status' since Jan14 with derogatory remarks without directly using my name. Recently my contact no was published in the person watsapp status. Can I sue the party for slandering. How do go about doing it?,"On the assumption that the ""watsap status"" is visible to the world at large, and if it is clear from the context of the status that the slanderous remarks are directed at you, then you may be able to succeed in a claim for defamation. A suit for defamation is commenced by way of the filing and serving of a writ of summons."
what is the law regarding obscene act in singapore?,"It is not clear what you mean by ""law regarding obscene act"". The Penal Code provides that ""Whoever, to the annoyance of others... does any obscene act in any public place... shall be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both."""
I've found a handphone in Marina Sands Casino and I keep It.is found and keep is an offence in singapore? Cause the y reported to the Police and has retained my passport.,"You are not allowed to keep the item that you have found. Under Singapore law, you may be criminally liable for dishonest misappropriation under s 403 of the Penal Code. You should bring the item to the security/customer service."
"I am a foreigner. I was accused of theft in dwelling, currently out on bail, plead guilty and told the IO im willing to reinstitute, I need to report back after 2 weeks. This is my first offence. What is likely my sentence? When should I involve a lawyer","The sentence would depend on the facts of the case. Under s 380 of the Penal Code, theft-in-dwelling carries a mandatory jail sentence. The length of the sentence will depend on various factors such as the value and number of the item(s) taken, whether restitution has been made, the circumstances of the offence etc."
I took company fund and had paid back to company and now my boss want to report to police so what will happen to me?,The police may investigate and take action against you.
My boss accuses me of stealing money but there's no evidence. Will the police take the case or will I be charged?,The police will investigate the matter and they will then decide based on the state of the evidence.
"Is forging of medical certificate  a crime? The company had made a police report. Will police press charges? If yes, what will the likely sentence?","If done dishonestly, then it is a crime. The maximum punishment for forgery is imprisonment for a term which may extend to 4 years, or with fine, or with both. The actual sentence depends on the specific facts of the case, and the specific charge that is preferred."
does returning a lost item after in procession for 1 week lead to dishonesty misappropriation,No.
"If we had confessed to our employer of the amount we stole and paying back in instalments, are we still liable for jail time if our employer make a police report","If your employer does make a police report, it is for the police/DPP to decide whether to charge you. If you are charged, then depending on the facts, the Court will decide on the appropriate sentence. The fact that you confessed and are making restitution will be taken as mitigating factors, but it is difficult to assess the possible sentence without further facts."
"Is it possible to sue someone based on emotional distress in Singapore? If yes, must physical injury be present?",In principle yes (but this will be difficult). The claimant need not have suffered physical injury. You are advised to consult a legal practitioner as this is an area of some complexity.
My mum was hit by a malaysian company tipper truck while crossing the pedestrian traffic light and had to go for multiple ops. What are the chances of us seeking compensation from the malaysian company?,"The first thing to do in such situations is to make a police report as soon as possible. This way, the Singapore Customs can stop the foreign vehicle from leaving Singapore. However, once the vehicle leaves Singapore. it may be very difficult to claim against the said driver. You may wish to claim against the Malaysian Insurers instead. You may visit http://www.sgcarmart.com/news/writeup.php?AID=286 for more information."
Will there be a driving suspension if I am a first time offender for drink driving?,"Disqualification from holding or obtaining a driving licence??generally follows a conviction for drink driving, unless the court for special reasons thinks fit to order otherwise (s 67 of the Road Traffic Act)."
Will I get a criminal record for drink driving,"Only convictions under registrable offences are recorded in the register kept by the Police. Such offences are listed in the Schedules of the Registration of Criminals Act. Drink driving is a criminal offence under section 67 of the Road Traffic Act, which does not fall under the Schedules. As such, you will not get a criminal record."
Will a court case for a speeding offence be recorded in any register or stay with the offender for life?,"It depends on the specific offence one is convicted under. If the offence is not listed in the Schedules of the Registration of Criminals Act, it will not be recorded in the register of criminals."
how do i get legal help to write an appeal letter for committing an offence while driving vehicle with expired road tax and insurance,"You can approach a lawyer. Alternatively, you can approach the Legal Clinic for assistance: see http://www.lawsociety.org.sg/probono/pdf/community_legal_clinic_flyer_04092007.pdf"
I had an accident on 2010 and then suddenly i was given a writ of summon and then i overlook on the matter as i am a sole breadwinner working long hours. A letter came up regards to judgement order and then people came with the writ of seizure. ,You would have to apply to set aside the default judgment that was probably entered against you. We would suggest you seek legal counsel as the process is not straightforward.
I have been charged for dangerous driving for causing a minor injury to a pedestrian. Should I get a lawyer representations. And should I raise a appeal to the Traffic police and AGC? Or I should do it through an appointed lawyer?,It depends on the specific facts. It cannot hurt to get a lawyer to assist you in sending in representations.
"If i am charge with drunk driving, should i engage a lawyer now or wait till after the charge date?","If you intend to engage a lawyer, then you should engage the lawyer now rather than after the charge date."
My dad drives a taxi and got into an accident with a motorbike as he was exiting a minor road. The motorbike crashed onto his car and he is being charged for negligently causing grievous hurt. Is there any way we can plea for leniency against a suspension,Your father can plead for leniency from the Court by showing how he needs the licence etc.
The court has disqualified my Driving Licence for 12 months. How and where can I get help to appeal for reduction to lesser months.,You can either engage your own lawyer or apply for criminal legal aid (CLAS). Please be mindful that you must file your notice of appeal within 14 days of the sentence.
"A relative of mine driving a van while exiting from his office's carpark accidentally knocked down a cyclist at the exit, unfortunately the cyclist passed away. What offence will this be and the maximum penalty ? What should can my uncle do now ?","There are various offences that can potentially be made out. For example, if your uncle drove recklessly, this is an offence under s 66 of the Road Traffic Act. The maximum penalty here is 5 years imprisonment. In comparison, if he did so negligently, the penalty actually imposed may be far lesser. Your uncle may wish to consult a legal practitioner."
I invested some money in a company (Krish Chartered Bus Services Pte Ltd) and is owed returns and capital. I have been told the court has issued a liquidation for said company. I checked the Ministry of Law search and came up empty. I would like to kno,"You should use ACRA's Business Information Services to do a free online directory search and find out the status of the company. You will be able to estalbish whether the company is  ?live? or  ?in liquidation? , for example. If the company is in liquidation, you should then prove to the liquidator for any unpaid dividends that you are owed. Please note that as an ordinary shareholder, your dividend claims and your residual claims are subordinated in priority in the distribution of the company? s assets. As such, you may not receive much, if anything, from this process.More information available at https://www.acra.gov.sg/Publications/Guides/ACRA_Consumer_Guide/Use_of_ACRA_s_Business_Information_Services_to_do_Background_Checks/"
A Claim is lodged via SCT against Respondent according to the Address as per Business Profile Purchased from ACRA. I then realised that the address is not valid. How should we handle such case?,"The first thing you should do is to inform ACRA of the invalid address. After informing ACRA, you could either wait or proceed according to the SCT? s instructions on service of the Notice of Consultation and a copy of the claim. The SCT advises that the Notice of Consultation and a copy of the claim should be sent to the registered address as stated in the latest ACRA business search. Since the Respondent? s registered business address is invalid, it is likely that the Registrar, Assistant Registrar or Referee who is hearing the matter will find that the documents have not been properly served on the Respondent. This is because you would not be able to submit a  ?delivered? status from Singpost. As such, you should try to serve the documents on a director of the Respondent company by way of personal service, registered or ordinary post, or any other mode of service as decided by the Registrar, Assistant Registrar or Referee hearing the matter."
"How do i get money back from a client who has a powerful law firm? Will he sue me even though he owes me money? He is turning the table and so can I go to Small claims if its 20k. He wont come as he has money for a lawyer, while I dont have funds for that","The Small Claims Tribunal (? ?SCT? ) hears claims for amounts up to S$10,000. The claims limit can be raised to S$20,000 if both parties agree to it, and upload the signed memorandum of consent when filing the claim online. You should consider whether it is likely that your client will agree to raise the claims limit, especially since he has a  ?powerful law firm? as you describe. If your client agrees to raise the claims limit and is aware of the proceedings against him, he must attend the proceedings.If your client refuses to raise the claims limit and you choose to sue in the Magistrate? s Court, you should consider getting legal representation through legal aid.Regardless of whether you commence proceedings against your client in the SCT or in the other courts that are part of the State Courts such as the Magistrate? s Court, your client may file a counterclaim against you. Similar to your claim, the merits of the counterclaim will be duly assessed by the person hearing the matter."
I was told to make a civil suit for a cheating case. I lost money through online scam. What are the procedure?,"In order to commence a civil suit, you will need to know the identity of the defendant/respondent to the suit (the person behind the scam). You should lodge a Police Report which may be done online through the Singapore Police Force? s E-service. The defendant/respondent may be an individual or a company, depending on the online scam. If the defendant/respondent is in Singapore, you may commence a civil suit in the Small Claims Tribunals or the Magistrate? s Court, depending on the size of the claim.Instructions on the Singapore Police Force? s E-service:https://www.police.gov.sg/e-services/report/police-reportInstructions on filing a claim at the Small Claims Tribunals:https://www.statecourts.gov.sg/SmallClaims/Documents/Brochure%201%20-%20Filing%20a%20claim%20at%20SCT.pdf"
I made a loan to an oversea friend. However no IOU was signed as everything was verbal but  technically with no hard evidence. Would it be wise to engage legal help?,"If there is no evidence to speak of (even phone messages or other electronic media will suffice), you will likely face difficulties in trying to establish your claim."
"my friend recently noticed his company director forged several purchase invoices to get money from company pay to his own account , what shall he do ? some said company unable sue director if those forged invoices are dated 15 years ago , already pass","The Singapore High Court case of Dynasty Line Ltd (in liquidation) v Sia Sukamto & Anor [2013] SGHC 146 is relevant. In that case, it was held where a company sues its directors who have disposed of the company? s assets unlawfully or fraudulently in breach of their fiduciary duties, no limitation period prescribed by the Limitation Act applies. This is because section 22(1)(a) of the Limitation Act provides an exception for actions or lawsuits by a beneficiary under a trust, being an action in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy. A director who disposes of company property in breach of his fiduciary duties is treated as having acted in breach of trust, and therefore the exception would apply."
My ex fiance communicated to me through wat app to say he will pay me the renovation cost but no IOU. Can I sue him for this?,"It depends on the agreement. Was the agreement for you to help him to pay first, with him paying you back later? If so, then there is likely a valid contract. On the other hand, if the payment was a gift from him to you, then it would likely be unenforceable. Without a contract, it will be extremely difficult to successfully sue as there is no breach of contract. Before deciding to sue anyone, it is recommended you carefully consider the merits and strength of your case as litigation is an expensive process. The legal fees may amount to a sum larger than the size of your claim. Consider other alternative means of enforcing your agreement such as mediation. A list of considerations is available here for your perusal. https://singaporelegaladvice.com/law-articles/should-you-sue??"
"My friend hired me for consultant work for her business for 2 months, but hasn't paid me. She has delayed payments several times. No contract was signed, but there are Whatsapp messages indicating acceptance of service and the dates she mentioned that","It may be difficult to prove that you are entitled to remuneration for the work done if there is no contract signed between parties. However, if you have text messages supporting that you are entitled to payment for the work done, and the expected payment does not exceed $10k, you may wish to bring a claim in the Small Claims Tribunals."
"If I was physically blocked from moving my vehicle, by another vehicle, and despite attempts to understand and resolve the matter with the driver, he refused to move and I could not move my car. Does this act constitute to any form of harassment or such?","Such act may constitute harassment, depending on the facts of the case. However, the difficulty is producing evidential proof of the same."
I have renounced my PR last 2014 and have left Sg. I have unpaid credit card debts amounting to 12K. There is no bankruptcy order against me but 2 writ of summons. Will I be detained when entering Singapore?,"It is unlikely that you will be refrained from entering Singapore. However, your creditors may enforce the default judgment obtained against you once you enter Singapore."
What does writ of summons with judgement concluded and final judgement without trial means?,A writ of summons with judgment concluded is when the matter has been heard before the court and the court passes its decision (the judgment). A Plaintiff applies for judgment without trial on the ground that the Defendant has no real defence to contest his claim.
"I have a credit card debt over $15k. The repayment date was 10 years ago. During those 10 years, the bank didn't sue me or commence any legal proceedings. Does the Statute of Limitations apply in my situation? Thank you so much for replying!",The limitation period for recovery of debts is 6 years.
I have invested 10K to a private investment manager with signed agreement. I did not receive any profit and he refused to allow me to withdraw my investment. What should I do against him?,"Whether you have any recourse depends on what the terms of your signed agreement with the manager provide, and whether they have been breached."
Can I sue my husband cousin who owed him S$25k? My hubby now has stage 4 cancer and we need the money.,"This would depend on the nature of the loan and the consequent actions taken by both parties. The court will look at the entire context of the transaction and what was subsequently done in order to determine whether the money was loaned or gifted, and in what amounts. In any scenario, do note that the court process is not necessarily completed within as short a time as you may require."
"I have filed a claim for my deposit with small claims tribunal. I have basic knowledge about the proceedings and the possible outcome. As I am unable to afford legal aid and do not qualify for state help due to means test, what are my options in any case",You do not need to be represented to appear before the Small Claims Tribunal.
Which country legal system will rule or apply should a breach or dispute arises with a legal contract that was made between 2 companies from different countries? eg. Singapore Company and China Company?,"It depends on what the contract provides. In the absence of any express choice of law, the Courts will have to decide based on the parties' intent or which system of law the contract has its closest connection to."
i transferred my earnings to spouse account and invested bonds in that account. now ere have split (not divorced yet). can i claim my money back ?,"Yes, you can claim for your money back. However, if your spouse then files for divorce, the matrimonial courts will not be strictly bound by legal ownership when it comes to the division of assets."
"hi, me & my wife rent a room, I pass her $$ to pass to landlord for deposit when I went to work. Now landlord refuse to pay back deposit, so I am filing small claim against her. Can I be the 1 to file against her or my wife needs to file? Thanks","This is a matter of privity of contract. As long as you are party to the contract, and the money was given on the understanding that it was for said contract, you may file the action."
"I invested into a company and have a small share in the company. But over the years, the company closed down its operations WITHOUT notifying me. The company's directors went MIA and refused to answer my questions. Do I have basis to sue this company?","This really depends on the basis of your investment into the Company. Based on your description, you are likely to have a claim against the directors and/or the Company for the provision of records and the calling of the annual general meeting."
I received a letter from debt collector indicated Writ of Seizure and Sales. If not wrong yes I have an unpaid loan 12 years ago. But can the company still chase me for this payments after 12years? ,"Generally, an action founded on contract (e.g. loan) cannot be commenced more than 6 years after the cause of action accrues (i.e. date when the defendant breached the contract). However, with a valid Writ of Seizure and Sale, the Bailiff is able to enter your premises to seize and mark movable items. You will be given 7 days to settle all sums owing, after which the seized items may be auctioned off."
the Judge has allow me for a substituted service to post in the front door of the dependent the writ of summons. in order to do so what are the steps i need to do or file?,"If you have already been granted leave, then you only need to comply with the specific terms of the order, e.g. post the writ of summons on the front door of the dependant."
Can you claim non-pecuniary losses and pecuniary loss (diminution of value) at the same time?,"There is nothing specifically prohibiting a claim for both non-pecuniary and pecuniary losses at the same time. It boils down to a question of double recovery: where, for example, the loss of amenity causes a diminution in value of a property, the court would not award both as this would be allowing the plaintiff to recover twice for the same loss."
Does civil proceedings only allow monetary claims and not other forms of judgement?,"This would depend on the subject matter of the civil proceeding in question. Nonetheless, an award of damages is the default remedy."
"Bought a condo which is under construction , agent says Colour of facade will be similar to model, now developer is painting it totally different Colour, what legal recourse do I have?","It depends on what your contract provides. However, it is unlikely that the contract will provide for the colour of the fa??ade. You may be able to take action against the agent but this depends on the specific facts of your case. In this event, you may also have difficulties quantifying your loss."
I damaged my camera when the train made an emergency break. Can i sue for losses?,"We do not have sufficient information to advise you as it is not clear how you damaged your camera and why the train made the break. That being said, you are unlikely to have a sustainable cause of action."
Can I file a case against someone which shows hand rude gesture to me and I have evidence to proof? How much is the lawyer fees likely to be?,"It depends on whether you have suffered any loss. If you are a lady, and depending on the rude gesture, he may have insulted your modesty. Lawyer fees vary depending on the lawyer. You are advised to check with the lawyer."
I've invested $60K in a single owner private limited company under a simple MOU. A year later I discovered he did not register me in the ACRA as shareholder.  I request for money return. He agree to pay by instalment without guarantee. What is my expose and chanc,"Your exposure is that you may be unable to recover the entire S$60,000. You are advised to check with a lawyer as it may be important for you to take immediate action. At the very least, we suggest that you should document his agreement to return the monies to you."
"I have lost all my savings SGD $250,000 from a bank investment and i would like to seek further advice if i can pursue the matter. I have no more money left to hire a lawyer. What can i do?",We are sorry to hear of your loss. You may want to check with these free clinics:http://legalclinics.sg/
Our main con owes us more than 20k how can we retrive this. Please help,You can commence an action against them in the State Courts.
Do I have any legal leverage as a foreign national against a company based in Singapore,"It depends on the specific facts of your case. If you have a legal case, you can commence a claim against them or seek the assistance of the relevant ministry/embassy/NGO."
can I go to small claim court for wrongfully transferred money and the seller who received the money doesnt want to authorise the bank to return my money to me? ,"If your claim arises from a contract for the sale of goods or provision of services, you may be able to file a claim with the Small Claims Tribunals.You can refer to this checklist for more information on whether you can file a claim: https://www.statecourts.gov.sg/SmallClaims/Documents/GUIDE%20_%20CHECKLIST%20_%2025%20JUL%202014.pdf"
Wisdom tooth procedure led to side of tongue numbness. How much compensation to ask from clinic? ,This depends on the loss that you suffer (severity of the injury and whether the damage is permanent). The range would be between a few hundred to few thousand.
I invested in some securities oversea with a particular security company. Employee of company conducted scam by asking for taxes not required which company now confirms. Do I have the right to get company to return the taxes cos' it's their employ,"This depends on the specific facts, but you should have a right to claim against the company since they are likely to be vicariously liable for their employee's fraud."
"I'm a victim of an investment scam. I have filed a CAD report and am pending progress from CAD. Meanwhile, is there any legal actions that can be taken against the company?","This depends. You are likely to be able to commence a civil claim against the Company on the basis of misrepresentation, and/or breach of contract."
"We are forced to take legal action against our client, can we then claim legal fees from the errant client?","If you succeed in your legal case, you can ask the Court to award you legal costs - however, if you did not engage a lawyer, the amount that you can claim will be limited to reasonable compensation."
"By pointing the middle finger at someone or calling others a dog, is it illegal? Can one be sue for it?","It is potentially an offence. This depends on various facts, including the circumstances, the intent and the nature of the statements. It is possible for a civil claim to be brought, and/or a private prosecution. However, you are advised to consider mediation (especially community mediation) instead of litigation."
"my friend refused to return me the money refunded from cancelling my airticket. though the amount is small, is there any legal recourse for such cases?","It is not exactly clear why he received the money. However, if the money belongs to you, and he refuses to return it, then you can claim against him for the recovery of the money."
is it possible to sue an online person for buying e-cigarette for my sister?,It depends. Do you know the identity of the person? It is also not clear what your loss is.
can a bank sue or force me to pay for credit card debt more than 10 years old?,"It depends. Generally, creditors cannot claim for debts that are more than 6 years old. However, there are a number of exceptions to this rule, including the rule of acknowledgment, where the time to sue will be reset if you acknowledge that the debt is payable during the 6 years period."
Recruitor forged signature n terms. Employer n I - 2 signed ctts but diff terms. Seek loss compensation fr recruitor?,"Generally yes, but this depends on what your losses are. If you can prove forgery, then you may also want to make a police report."
Can recruit agency sue me if I don't pay penalty fee 50% of my salary for leaving the company within 90 days ?,"Yes, they can. However, the penalty fee may not be enforceable unless it is shown to be a genuine pre-contract estimation of damages."
The promoter of a company is neither giving me share certificates nor returning my money? What are the ways to get my money back?,You would probably have to sue them for breach of contract. This depends on the specific terms of the contract.
X invested 15k in a overseas property under Y name. now Y does not want to return 15k back to X. X only has bank statement transfers as proof. How can X claim the money back from Y? No IOU.,X can sue for the amount in the State Courts on the basis of the transfer. It is up to X to persuade the Court that the monies were transferred to Y on the basis of a loan (as opposed to on the basis of an investment).
My ex-employee used works he did during his employment on his portfolio disclosing the client and using the collaterals and claiming they were his. Can I sue him?,"This would depend on whether he is in breach of his contractual obligations and his obligations of confidentiality. These are questions of fact, but it would appear that you have a prima facie claim against his."
I received a lawyer letter from my neighbour but I am the victim but being accused of things I have never done. The lawyer also looks fake and threatening. The neighbours here all gang up and bully me. Please advise,"It is difficult to advise you without any specific context. However, you should make your position clear in your response."
My car dealer refused to settle my outstanding car loan with my bank despite reminders to him. What recourse do I have?,"You should check the wording of your contract. If this is provided for, you can commence an action against him - depending on the amount, you may be able to commence this in the Small Claims Tribunal, if not, the State Courts."
What is the procedure to charge a person for willful neglect under mental capacity act?,You should make a police report on this and let the police decide whether to proceed.
"Can I get restitution from someone that was convicted of stealing my bicycle? If yes, how?","Yes. You can either ask for a compensation order to be made in your favour (contact the IO/DPP and ask for this) or you will have to commence a civil claim against the thief. However, if the thief does not have funds, then you will not be able to recover."
"I was molested after surgery, while waiting to transfer. How can I sue the hospital?",You can commence an action in Courts by serving a writ of summons on the hospital.
"Does this sentence ""I declare that I have peformed the due diligence to verify the accuracy and completeness of the transactions/adjustments contained herein"" has a legal implication when it is included in a day to day payment processing form?","It would meant that the person who makes the declaration would have done the necessary work. In the event that the statement is untrue, it may expose the maker to civil liability."
"Someone is using my photos on their website without my permission, where should report to and what's the procedure?","When you say ""my photo"", I presume that you are referring to photos taken by you (which you therefore own the copyright of). You can write to the website administrator to request that the photos be taken down. If they refuse, you may have to consider legal action."
I am harrassed by my ex-landlord's frequent insulting SMSes. I do not know where he physically is (within Singapore) when he texts me the SMSes. Can I press charge under intentional harassment (section 13A1b) of Chapter 184 MO(PON) Act?,"The fact that you do not know his location does not matter. If he is in Singapore then you may be able to proceed with the private prosecution. However, do bear in mind that you can only ""press charges"" if you can physically serve the writ on him in Singapore."
My nude photos were posted on a revenge porn site based in oversea. Please advise what legal actions I can take to remove them.,"You should seek advice from US/Dutch lawyers -- generally, law is jurisdictional and any proceedings and/or actions taken in Singapore may not be enforceable against the site providers or administrators since they are based in the US/Amsterdam."
There appears to be many different courts in Singapore. How do I choose which court to commence my civil claim in?,"This depends on the amount of your claim. There are three different courts in which you can commence your civil claim: Magistrate? s Court, District Court and High Court. The Magistrate? s Court can hear any claim for which the amount in dispute does not exceed S$60,000. The District Court can hear any claim for which the amount in dispute does not exceed S$250,000. The High Court can hear any claim and it is not limited by the amount in dispute. However, parties who commence civil claims in the High Court when such claims can be heard by the District Court or the Magistrate? s Court instead may be penalised in costs. Apart from the courts, parties may also commence civil claims in the Small Claims Tribunal where (a) the amount in dispute does not exceed S$10,000 (or up to S$20,000 where the parties to the dispute agree to have the dispute resolved by the Small Claims Tribunal); and (b) the dispute arises from a contract for the sale of goods or provision of services, or the dispute arises in tort where there is damage caused to any property (except where it is damage in an accident involving the use of a motor vehicle)."
My mum attends a local elderly day care and brought back bed bugs 2 years ago. It recurred recently. Can I sue the centre to claim the cost of damages such as cost to engage the pest exterminator? Do I need to prove the bed bug spread is from centre? D,"You may be able to sue the centre for damages under the tort of negligence. However, you will need to prove on a balance of probabilities that the bed bugs are from the centre."
My neighbour living directly below me is asking for compensation to damages. He is arguing that the plants in my balcony are shedding leaves and flowers and these are falling into his balcony and causing stains to his balcony floor and clothes that are pu,Your neighbour would have to prove that the leaves and flowers that caused the stains are from your plants. He would be able to claim for damages to revert his balcony floor and clothes to the condition that they would be in if not for the stains caused by your leaves and flowers. This would likely take the form of a cleaning fee.
Can a half side disable sibling sue another silbing of not to take care him or her?,"Ordinarily, there is no duty for a person to take care of his/her sibling. However, if the person has assumed responsibility for the disabled sibling, and has been negligent in taking care of the him/her, then the person may be sued under the tort of negligence."
My condo TOP feb17 and has fungi issue under kitchen cabinet above aircon drain pipes.Developer rectify once and i engaged 2 mold specialist whonadviced fungi not cleared.My family suffer unwell symptoms.Can we claim compensation for health hazard or tort,You could try bringing a claim in tort for negligence.
My Son got injured when Swimming at a hotel property. The hotel did not render first aid attention. The Swimming pool condition was run down. Can I use legal means to sue the hotel for negligence?,"On a plain reading of the brief facts provided, it is possible to sue the hotel for negligence via legal means; however, the strength and eventual likelihood of success of your case will have to be assessed in much greater detail by counsel."
My goods are 400+ kg each and sit on individual wooden pallets. They were stored at a warehouse. Pallets broke when goods were loaded onto lorry for delivery. Should warehouse bear cost for replacement of pallets?,This would depend on the terms of the contract entered into between yourself and the warehouse.
"My father was hospitalised due to a leg infection. He is diabetic. The doctors recommended to do a few procedures to stop the infection, but instead the infection got worse and after a month in hospital, his leg was amputated ABOVE the knee. We felt that",We suggest that you consult a lawyer as it is not possible for us to advise you on your rights as medical malpractice is a complex area of law.
Can an outsourced contractor be liable for any damages due to negligence if there was no contract signed that specifically covers damages due to negligence?,"You can proceed against your main contractor as your agreement is with him. However, if you can show that the outsourced contractor is negligent, then you may be able to proceed even in the absence of a contract."
I recently lost a son in one of the chalet. He drown in the pool. The lifeguard wasnt alert enough. The operation amanager told me the boss would call me the next day but there was no phonecall . They seem not to be bothered. CN i take action against the,"We are sorry to hear about your loss. There is a possibility of suing the chalet owner for negligence in not providing sufficient safety measures. You could hire a lawyer to explore the possibilities, but perhaps not before hearing from the chalet first."
Can I file a disability claims for stress/anxiety cause by other party?,This would depend on the facts but it is highly unlikely.
My dad suffered stroke which affected his visual ability. When he was brought to a&e, the doctors just could not diagnose the reason of his sudden vision lost. The GP and the the eye doctor both said it is unlikely stroke. Can I sue for incompetency on
can i sue someone for emotional distress due to him giving me fake personal particulars in a contract which made him to pay monthly installments owed by me to a third party?,It is unlikely to succeed suing for emotional distress in the circumstances unless you can truly prove a recongised psychiatric illness.
I have been misdiagnosed by govt hospital that cause a delay in my treatment and now have cause me to lose my eye sight of my right eye. how can I make a complaint and seek compensation.,"You can complain to the Singapore Medical Council against the doctor. In terms of compensation, you may want to consult a lawyer as it is more complicated."
"Almost killed by drug B. Suspected A allergy. Internet state if A allergy, cannot give B. Any worthwhile recourse?",It depends on how drug B was given to you. You may have a claim in negligence against the medical professional (if the drug was prescribed to you) especially if you had declared that you had an allergy to A. It is recommended that you consult a legal practitioner.
"next door construction causes cracks in my house. Who is legally responsible, builder or my neighbour ?","This depends. Generally the neighbour, having employed the contractor, is responsible. But some times the contractor is also responsible."
Where to report gross negligence of a medical practioner in Singapore ?,You can lodge a complaint with the Singapore Medical Council. More information can be found here: http://www.healthprofessionals.gov.sg/content/hprof/smc/en/leftnav/information_for_publicpatients/lodging_complaint.html
My car dealer admitted in recorded phone call that he submitted longer loan tenure than I wanted. Can I revert the loan?,"If you signed the loan document, then you cannot escape from your contractual obligation even in cases of fraud or misrepresentation. It may be possible to plead the defence of non est factum, that the written agreement was radically different from what you believed you were signing and that you had taken care in signing the document, if you are illiterate, for example. Otherwise, you may be able to sue the representative that dealt with you for fraud or misrepresentation, for inducing you into entering the loan agreement. The success of your action will depend on the circumstances."
"My client owes me around 20k and now is saying that he won't pay. When I am asking him for the money, he is saying that I did a bad job etc and that my solution did not help him and he spent much time in looking for another vendor. How do I get back m","Whether you have any legal action against your client depends largely on the terms of the agreement between the two of you. Where you have performed up to the specifications required in your contract you may have a claim against your client. However, if the work done was substantially different from what was agreed or unable to perform the function required, it may be the case that you will be taken to have breached the contract and therefore not be able to claim."
I found out that my ID ask me to transfer money for job to be done is not her company account. Now her company asked me to file a police report against her. but the contracts i signed is with the company itself.,"It would be wise to file a police report against her first. For the contracts, if you received the benefit from the job done, there is nothing else to be done."
I have a contract with a Chinese company and have cancelled the contracts as a supplier has let me down. I am waiting for a refund from the supplier but they advised me up to 45 days but the Chinese company is threatening legal action unless I pay back in,"You have terminated the contract with the Chinese company and have already received payment from it. Unless the contract specifically allows you to delay repayment until after you have received repayment from your supplier, you are obligated to pay the Chinese company."
"Hi, i have an issue and need legal advices urgently. I have trade my rolex watches with a buyer and after 1 day he text n say i trade him a replica watches. And demand to trade it back. But we have an mutual agreement among us. What shall i do ?","It depends on the nature of the agreement. If the agreement was specifically to trade a Rolex watch, and you have provided a replica watch, then the agreement is void due to fraud on your part. If you are not opposed to receiving your watch back, trading it back with the buyer may be a good option.On the other hand, if you are certain that the Rolex watch you have provided is genuine, and you have the means to prove it, then you should refuse his request to trade the watch back.??"
Am I liable to pay Reno company if I agreed to the quotation over sms but didn't sign contract and pay deposit,"Generally, an agreement to a quotation does not amount to a binding contract. However, the label ""quotation"" is not conclusive. The terms of the documents must also be taken into account."
I bought an iphone from Lazada. Item did not reach me in time and they told me there is a mistake in their system. so i cancled. but i still did not get refund for the item yet after almost two month. Can I sue them?,"You should first look at the refund policy on the website. If the website has stated its refund policy, those terms are binding between you and the website.??"
Is it illegal for anyone to deal with an unregistered business? Will the customer be dealt with legal consequences? What are the legal consequences that could be faced by a registered retailer who deals with an unregistered wholesaler?,"According to section 31(6) of the Business Names Registration Act 2014, the non-registration of a business does not affect the rights of counter-party (the  ?customer? or  ?registered retailer? as you have described). This means that there is no restriction on any party that wants to enforce the contract against the unregistered business. The main legal consequences of non-registration are primarily detrimental for the unregistered business only."
Can counter staff of a company be held accountable for misrepresentation if they tell consumer wrong info?,"It is possible that the counter staff is deemed to be an agent of the company and hence the company may be liable for misrepresentation. However, the misrepresentation must be differentiated from the nature of a 'puff'. Also, a statement of the party's intention or opinion is also not a sufficient ground for relief. In this sense, the misrepresentation must be material, relating to a matter which would influence a reasonable person's decision whether to enter into the contract. The falsehood must have also inducted the contract."
"If all the contact details of the Seller in a Purchase Contract are not valid, would the Seller be considered cheating?","A contractual dispute is likely to be a civil claim. In the event that the details of the seller are considered material/fundamental terms of the contract, the contract would be considered as void an unenforceable."
Can I make a small claim against a car rental company because I was not given my security deposit back?,Yes but the legal cost may be higher than the deposit.
I am a re-seller. I bought some products from another country and sold it to a customer. There is an exclusive distributor in Singapore selling these items but I did not purchase it from them. I am thinking whether I can be sue for it.,"Potentially, you may be liable for, amongst other things, trademark and copyright infringement."
"After serving notice, employer request extension of work, without signing anything. Is this legal? what if they don't pay me after I delivered the job?","It is legal if you agree to the extension. However, we suggest that you require this to be documented. If they refuse to make payment, then you would have to pursue a claim against them - one option may be to ask that they make payment in advance failing which you can refuse to the extension."
I signed an agreement with a company to complete the sale of my wine portfolio. It was owned by one person then. The company has been taken over by another person. Is the agreement still valid?,"Yes, a it is still valid. A change of shareholder does not change the legal obligation of the company."
"I have signed a contract with a company to provide IT service. The contract states that I am to pay 50% deposit, and no work commences until then. Before I paid the deposit, I changed my mind and I informed the other party. Am I legally required to pay","It depends on what the contract provides. Once you signed the contract, you become liable if you breach it."
"Client agreed all bugs send by 10sep will be under free support, they sent on 6am 11sep instead. Can I refuse to fix it for free? Can conversation over email and whatsapp screenshot use as proof in court if they tried to sue me?","It is not clear what your contractual rights are. If they sent the request after the deadline, then it appears that you are not obliged. Emails and whatsapp records can be used as evidence."
I signed an agreement with a company to complete the sale of my wine portfolio. The company was taken over. Is the agreement still valid?,"It is not clear what you mean by the company is taken over. If the shareholders sell their shares, the agreement with the company remains valid."
"If someone says he will transfer me a certain amount of money after giving him a virtual item, but didnt, is he chargable? Through facebook message and gaming platform without signature involved. Just verbal communication.","It is not clear what you mean by chargable. If he fails to transfer money to you, this may constitute cheating or other criminal offences under the Act. However, unless your counterparty is in Singapore, the Singapore police may have limited jurisdiction to investigate or even locate him."
"I am a designer, I have completed a job for an overseas client and they have not paid for my work done.","If your client has no presence in Singapore, you will find it very difficult to recover your fees. Depending on the amount involved, you can seek to sue them in Singapore or in the overseas jurisdiction (please bear in mind that this is often a case of throwing good money after bad)."
I'm trying to sell a famous korean skin care product in store. But my supplier of other products warns me not to import from Korea and sell in store as the local official distributor will sue me. Is it true?,It is not clear what the basis of this suit will be. Singapore law does not generally prevent the parallel importation of products from other countries for sale in Singapore.
"If a business issues a cheque, holds on to, closes their Corporate bank account then sends you (another business) a cheque which bounces what can you do? Can the director/finance people of the company be held responsible - if so how? The just closed their","If the business issues you a cheque on an account that has already been closed, you can make a police report against them and against the people directly involved. You can also make a claim against the business directly."
We are a construction subcontractor. Main contractor had engaged third party skilled worker to carry out our subcontract defect works with no basis. Unfortunately the 3rd party workmanship is poor creating more defects.,"It is not clear what your question is. Generally, you would not be liable for the works of third parties unless expressly provided for in the contract."
I have a customer who ordered a goods from me it did not turn out to be authentic even though the website says it is. I agreed to give him back on 24/4/2016 but my pau was delayed and he is deciding to sue me. If he sues me and I pay at a later date after,"It is not clear what your question is. Generally, if you pay after he has commenced the action, you may be liable for his legal costs."
"I sold my used car to a friend with the ownership transferred to her husband directly at LTA about one year ago when I left SG, however I have not received any payment from her so far. She always said she needed more time. I do not have any legal documents",You can commence an action against her based on the oral agreement.
A car sales consultant from a reputation authorised dealer forged my signature on the Sales agreement. What action can be taken from my end?,"On the assumption that this was not authorised, you should report him to the Police for forgery. In addition, you should write to the dealer to inform them and to put your position on record. You may wish to check with a lawyer as the implications of this can be substantial."
I received a letter of demand for outstanding debt for fitness package I signed I a few years ago. What should I do?,It depends on what the letter of demand requires and what your existing contract for the fitness package provides. It is difficult to advise you in the abstract. Please read your contract and see what your obligations are.
I had signed up for a package at a hair salon. They had been uncontactable for a while. I realised they had closed down. Do I have a case against them. Is there any way I can get my money back from them? The package I signed up for is not finished. I have,"Yes, you would have a case against them. However, you are unlikely to be able to recover anything since they have closed down - this suggests that they do not have any assets to repay creditors."
"i am the owner of a bike, with a agreement of the lender i sell it for 1.5k . how can i take action of take back my since the loan is still under my name. the lender always late payment of the monthly instalment of $259 to the bike shop",You may be able to approach the Small Claims Tribunal for help:https://app.statecourts.gov.sg/sct/page.aspx?pageid=8617
I am a contractor. I have awarded works of $100k of which I have paid $40k deposit to a subcontractor. The client does not want the works to be carried out anymore. Does the subcontractor have to refund me my 40% deposit? Thank you.,This depends on your agreement with the subcontractor.
Can USA debt collector force me to pay outstanding medical bill after I return to Singapore?,Yes.
"I signed up for three months at a dating website based in UK. After which, they still want to deduct as they say I did not cancel. Since they are unable to deduct from my card, their lawyers send me an email to pay immediately before further action. Can they sue me?",Yes.
"Is it legal for a debt collector to be charging fees to both creditors and debtors? Eg. Charge 20% of total amount owed + service fee to debtors and 15% of amount collected + $5,000 service fee to creditors.","There is no basis for the debt collector to charge a fee to the debtor, unless this was expressly provided for in the contract between the creditor and debtor. As between the creditor and the debt collector, this depends on the terms of the contract."
"Can I get a refund or replacement for a faulty product purchased online with mastercard?I bought a product from a company located in Brooklyn, New Work, online and had the product shipped by them to me to Armenia.The product is of unsa",You will have to check this with your bank directly as it depends on the specific terms and conditions that you signed with them.
"we paid our supplier the full amount according to the Small Claims Court order on time. 2 weeks later, the supplier photocopy many pieces of the court order and distribute around my neighborhood and made us looked bad. can we and does it worth to pursue o","It is unlikely to be worthwhile to pursue. Further, you are unlikely to succeed."
"I am a subcontractor. May I know if I can take legal action on a company that insists I must write a claim of 50% for my services, and prior to that the company has already acknowledged my full service? Total claim amount is $150-200.","This depends on the agreement between you and the company. Generally, if you have done the full work, then the company should be liable to pay you the full amount, whether by contract or otherwise."
is it legal to rent out a car that belongs to another rental company? eg. company B rented a car from company A. then company B rented out the same car to me at a higher price.,This depends on the terms of the agreement between company A and company B.
Is it legal to resell things online without permission from supplier or official/main distributors?,This depends on the contract you have with your supplier.
"Recently I participated and won an online lucky draw contest, however the company decided to change the winnings from a free return tokyo flight ticket to just a staycation.There is no terms and conditions stated in the contest. Can I take any legal actio","Since this is not a sale and purchase agreement, it is unlikely that the Small Claims Tribunal has the power to consider the matter. If you pursue an action in court, you may incur higher legal costs than the winnings. In any event, since there are no terms and conditions, it is difficult to ascertain what exactly the agreement is. Since you have won something, perhaps you should appreciate whatever that is given to you."
Can a UK base timeshare company sue me for stopping payment of my package to go through? I am stopping because they are not fulfiling their obligations?,"This depends on what your contract provides. However, if they are in breach of contract, then you may potentially be justified in stopping payment. This is a question of fact and we do not have sufficient information to provide you with a proper answer."
A client verbally said that they are not paying the full balance payment for a project done by my company. The payment due date is 10/7. I have signed a vendor service agreement and we fulfilled all the scope of service. What can I do to make sure full ba,"If your client fails to make payment after you have provided all the services, then you have a valid claim against him after the payment due date. Depending on the amount, you may want to consider the Small Claims Tribunal."
i return my motorcycle as i am unable to afford the instalments.now the shop claim i need to 25k due to interest even after i returned the bike.what idoes the law says regarding hire purchase agreement.do i need to engage a lawyer?,This is a matter of contract. The fact that you have returned the motorcycle does not necessarily mean that you are no longer liable for the balance of the installments as this depends on the value of the motorcycle at the point that you returned it. You can consider engaging a lawyer if you are not sure what the hire purchase agreement provides.
"I have paid 50% of the contract price under progressive payment. Due to disagreements with the contractor, I have terminated my renovation contract. The T&Cs; forfeited the monies paid. What is the chance of me getting back the monies paid for outstand","If the contract provides that the contractor can retain monies paid, then it is unlikely you can get them back."
what is the valid period for suing a customer under a contract?can we extend the the period after the valid period end?,The usual period for suing a person for a breach of contract is six years. The period can be extended by contract. It can also be extended in the event of various events such as recognition of debt etc.
I would like to know if it is a legal transaction for the bank to deduct funds from my account without my acknowledgment and consent?,"It is illegal for the bank to do so. If an unauthorised transaction has taken place, you should contact the bank immediately."
"Suppose someone online charges to give his stock recommendations/ market commentary/ opinions on the stock market, and someone takes those trades, will he be liable for any of the customers losses? In his disclaimer he says that he is not a financial advi","Unlikely to be liable. However, it may depend on the specific wording of the advice. If the wording would confuse the investors or manipulate the market, there may be some other liabilities."
Can I sue an overseas hotel for still holding my deposit after 3 months and not willing to refund me back?,"You can sue overseas defendants; the issue (which will be for the court to decide, if the defendants contest the choice of court) will be whether the action will eventually be heard in the Singapore courts or the overseas courts."
"I rented a vehicle (for 2 weeks, but only agreed for 1 week verbally) in order to drive Uber and returned it after one week. The rental company refused to return the refundable deposit of $500. Can SCT help me?","It depends on the terms in the contract that you signed with the vehicle rental company. If the agreement included an entire agreement clause, it may be hard to incorporate what was orally agreed. Hence SCT may be of limited help in such an instance."
A waitress of a restaurant accidentally made a little dent on the customer's laptop, only the exterior of the laptop is slightly disfigured but it still functions the same. Is the waitress liable for the repair amount as compensation if the customer i
Can i refuse to pay the tuition fee to the private tutor if my son fail in exam?,"This depends on the terms of the contract between you and the private tutor. Generally, the answer is no."
"Hi, my dad have received a mail from this company data register claiming that we have owe them total amount of 2k plus ever since 2014. But this is the first time we received this letter, I called Acra and commercial affair department for advice, they on","If you do not owe the sum, then it may be a scam or a mistake by the company. Is it a legitimate company incorporated in Singapore? If so, you should contact the company to clarify the matter. Otherwise, if you think that it is a scam, you should report it to the police and insist that they look into the matter."
"15 Year ago debt 2k, now than i receive an debt collector asking for 20k. how can i settle it with legal way.","You can settle it in a legal way by paying the debt. Otherwise, it depends on the circumstances such as the terms of the loan. If the debt was incurred with an unlicensed moneylending business, you do not have to repay the loan, according to a recent Court of Appeal case (Ochroid Trading v Chua Siok Lui)."
"I am a foreigner. I want to recover an unsecured loan of $S18k from my landlord. He reduced my rent by $S150 as the interest. But I have been asking him since so long to me pay back my all money, but he didn't pay. Is there any way recover money in a","You could send the landlord a letter setting out a list of your demands and a threat of legal action if the landlord does not comply. You could sue the landlord in the State Courts to recover the debt owed by issuing a Writ of Summons in the Magistrates? Court. You may act for yourself in court, but if you were to do so, you would have to bear the same responsibilities as a lawyer would in acting for you, such as complying with the Rules of Court and drafting and filing Court documents.A lawyer would be able to help you to send a formal letter of demand; give you more specific advice on how you should proceed, depending on your particular situation; and represent you in court.For more information on going to court on civil matters: https://www.statecourts.gov.sg/CivilCase/Pages/Going-to-court-on-civil-matters.aspx"
Recently I received a call from DBS bank that I got an outstanding amount yet to be paid to the ANZ bank they acquired over that I wasn't aware of which supposed I had cleared it many years back. I wasn't been contacted from ANZ bank on the outsta,"This likely occurred recently as DBS has only just completed the acquisition of ANZ's wealth management and retail banking business. If you have records showing that the ANZ loan was repaid in full, then you should clarify with DBS that the loan has already been repaid."
Do I have legal recourse if I made 2 late payments on a loan and my guarantor is harassing me for being called by the bank. I am in good standing with my bank of choice but this loan is administered by another bank. The guarantor has harassed me and my fa,"Where the guarantor has used threatening, abusive, or insulting words, behaviour, or communication with an intent to cause you or others harassment, alarm or distress, and this was likely to or did actually cause harassment, alarm or distress, you could try applying for a protection order from the courts and/or lodging a police report."
"I have lent a friend $1330 but he is not paying me back. Can this case be settled under the jurisdiction of the small claims tribunal? What should I put under ""nature of dispute"" ?","It is unlikely that such a case can be settled by the small claims tribunal as they only have jurisdiction to hear certain categories of cases, including contracts for sale and purchase or provision of services, torts for property damage, refunds of motor vehicle deposits, and contracts relating to leases of residential premises not exceeding 2 years."
i would like seek your advice if signed IOU have the legal right for the borrower to collect the money back from lender?,"It is likely to depend on whether the IOU was presented in such a way that a reasonable man would believe, in light of all the circumstances, that the borrower and lender intended for the loan to have a legal effect."
"Got a housing loan thru bank and wish to cancel the loan after signing the Letter of offer, the cancellation fee is 1.5% of the loan amount. Can it be waived or reduce?","Given that you have signed the letter of offer, it is likely that the terms you have agreed to are legally enforceable by the bank. Any requests for waiver or reduction are best negotiated with the bank directly."
Can my fre sue me 8k for bankruptcy? I did in fact wrote him an IOU and he's serving Me a letter of demand. I did inform him that due to family commitments I can only return him bit by bit every month and I have default 2 months payment. ,"The first question is whether the IOU was legally binding to begin with. This depends on whether it was presented in such a way that a reasonable man would believe, in light of all the circumstances, that the borrower and lender intended for the loan to have a legal effect. If it is found legally binding, he can sue you for your default. (Though depending on your circumstances  ? for instance if you have no money to repay him in the long run  ? he may think it makes little practical sense to sue you.)"
How to stop using legal way to stop debt collector from harrassing my family as i am not the one borrower or the debtor,"Generally, consider lodging a police report based on the pertinent sections of the Protection from Harassment Act. If the moneylender is unlicensed, you may consider doing the same under s??28 of the Moneylenders Act, which provides for criminal sanctions for harassment or abetment thereof. Where he is licensed, you could lodge a report with the Registry of Moneylenders."
"I have small credit card debt with bank A but now bank A is closed and bank B took over, what can happen in this case?","It depends on the arrangement of the takeover but but the Bank B is most likely to have the Bank A's receivables now. As such, it appears that you are required to pay your debt to the Bank B unless stated otherwise."
"I bowled with someone a month ago, but the alley was full and we shared a lane. He left early, and i paid first for us both. He promised to repay me by bank transfer, but always delayed it by saying  ?next week? or  ?tomorrow? . He owes me only $17.20, but i","Even though you have rights to be paid back, legal fee would be far more than the claimed amount."
Can the loan be repaid by upfront + installment? Where can I get a draft IOU form?,It would depend on your loan contract.
I lent money to an overseas property developer via an intermediary based in Singapore. The loan has matured and they have not paid me back. Can I sue the local intermediary to recover the funds? How else to recover?,"Yes you can. If there is a contract, you can claim compensatory damages for breach of contract. You will then be able to recover the funds since that is what you are entitled to if the contract was properly performed. Alternatively, this seems to be a clearcut case of fraud. You can go under criminal law for breach of trust (penal code)."
Are family members liable if a person leaves Singapore for good with outstanding credit loan? Are family members obliged to inform the person's debtor that he has left the country?,Family members are not automatically liable for the debtor's debts. Informing the creditor of the debtor's absence may be useful so that creditors may stop harassing the family members.
In a Dept recovery (individual) . After sending a letter of demand and final warning to pay. But the deptor claims he/she has no money to pay or shifted funds else where. What could be done further to recover the debt ? Thanks,"This would depend on what assets the other party has, and where he or she has shifted the funds. Potentially, you may apply for a garnishee order (to recover amounts in that person's bank) or a writ of seizure and sale (to seize and auction off the person's physical assets), amongst others. Further, where the party has shifted the funds to a company, the court may ignore the separate legal personality of the company on the basis of piercing the corporate veil."
"what to do ,if someone own you money and refuse to repay","Potentially, you may want to engage a debt collection firm to collect the debt for you. However, you will need to have proof of the debt such as an IOU. You may also engage a lawyer to issue a letter of demand, although the same evidential barriers will apply. Further, legal proceedings must be initiated within six years from the stipulated repayment date. Please visit https://singaporelegaladvice.com/law-articles/how-do-i-recover-a-debt-from-a-personal-loan-made-to-a-friend-in-singapore-does-it-matter-if-i-have-an-iou/ for more information."
continue from my 1st posting:Do i still need to be responsible for the past debts & any leasing financial document that i signed earlier as the company is still currently operating?,"If you signed the financial documents as a guarantor, then you continue to be responsible. Otherwise, you are not liable since the liabilities are borne by the Company not the director."
My mother in law passed away and the hospital is demanding payments of the hospital bills. She has no estate. Do the descendants need to pay the hospital bills?,"No, unless the descendants were guarantors of the sum owed, or party to the contract with the hospital."
"HI, is there anyway to get back money loaned to a person who just passed away, if got proof of debt in message/sms? What's the procedure? And within how long or period we must take action? Thanks.","When a person passes away, his debts must be still be paid after paying off his funeral expenses. If there are any assets left, they will be part of his estate; you may then consider lodging a caveat against his estate before probate is granted. If there is nothing left, his relatives are not liable and the debt dies with the deceased."
i borrow $3k to a friend and my friend wrote a IOU with name and NRIC that will repay every month in installment but it has been 2 years and I have yet to receive any money. Can I sue my friend and get back the money.,"Yes, you can sue. However, please bear in mind that litigation costs money and a successful judgment does not mean that your friend will pay - it only means that the Court has ordered him to repay you. You will still have to enforce the judgment against him. Consider whether you will end up spending good money chasing after bad."
"If a company owes me money and refuses to pay, is there anyway I can get the money back from the CEO even if I don't have a personal guarantee?","Generally, no."
A friend gifted me $20k a while back. Due to some falling out now he's demanding the money back by turning around and saying that its a loan and will take me to court if I don't repay him. Can he do that? There is no IOU or any black and white.,"Legally, he cannot. The question is whether you can persuade the Court that you are telling the truth as opposed to him."
My husband chalked up a huge credit card bill. Am I liable for it?,"Unless you signed as his guarantor, then no."
"My wife and I loan our $80, 000 which was for our annuity to our son and his wife to purchase their EC 10 years ago. They are about to divorce and sell their EC. How can we get back our money?","On the assumption that you have proof of the loan, you can demand repayment from them couple. Your son should highlight this to the Court and request that the Court order repayment. Alternatively, you can file a claim against your son and his wife to secure repayment."
"How to claim back money from Batam girl with relationship with me, but owe me money with IOU and Invoice from Batam, please introduce some Singapore lawyer firm with Batam branch to me, or where can I find one. Thank you",You should check with the law society of SIngapore. We are not aware of any Singapore law firm with a Batam branch.
"a person owes me money. if i get him to sign a home printed promissary note, would this suffice as proof he owes me money?","On the assumption that the wording is clear, a home printed PN is sufficient as evidence of the debt, although you would still have to proceed to Court to enforce it if he disputes the debt."
i had breakup with my ex-girlfriend can i recover the loans i lend her and gifts? also she had incurred credit card debts from the sub-card which i give her and is not paid till now.,"It depends. If you lent her (as opposed to gave her) money, then you can claim it back. Similarly, if you let her have the sub-card on the basis that she would repay you, then yes. If it was a gift, then no."
"IOU signed for x amount with employer but loan is for another company under same employer. biz folded, am I liable?","Unfortunately, your question is not clear. Whether you are liable depends on the terms of the guarantee that you signed."
"Dear Lawer, I m a banker from India one of a Singapore citizen took a loan when he was working here and defaulted, now he Singapore what are provisions we have in Singapore laws and which authority do I need to contact, kindly help",You can sue him for the recovery of the monies in Singapore in the State Courts or High Court. You should engage legal counsel to assist you.
Can a debt collector collect a personal loan on behalf of someone?,"If he is properly authorised, yes. However, you should ensure that he is properly authorised as it may not discharge the debt."
I lent about $20K to a girl known from wechat and she mentioned will return to me. However she went missing. I made a police report as I felt it is a scam. How can I retrieve back the money? I have the bank account number and mobile number.,"You would have to first ascertain her identity. You can do so by way of a Court application to the bank or the tel-co company to ascertain her identity. After you ascertain her identity, you can file a claim against her in the Magistrate Court for the monies. However, there is no guarantee that you will be able to recover the monies unless she is resident in Singapore and she has assets."
A sum of money was given to X as a sponsorship by O. And now O claims it to be a loan. Can X win in court? No IOU.,This depends on whose testimony the Court believes.
"My friend owned me $1,600 for a year and constant reminders given. My friend agreed to return the $ but when the date due, will constant create different excuses. Recently, I found out the truth that All the excuses and reason givenfor me to loan the $ ar","You could seek to enforce the loan, which is a personal contract between you and your friend. However, it might be practically difficult to do this without incurring legal costs exceeding the amount of the loan. The Small Claims Tribunal, which would have been an easy way of enforcing a contract, does not hear cases involving personal loans."
one of my bank creditor's collecting agent threatened me that they will file a legal action if i do not pay my debt in full. what will i do?,They are entitled to pursue a claim against you to recover the debt. You may wish to propose a repayment schedule with them and discuss how best to proceed.
My friend is a bankruptcy. She borrowed money from me & we signed an agreement for the loan. She defaulted the payment on due date. What can I do to recover my money?,"On the assumption that your friend borrowed the money from you after bankruptcy, you can sue her for the money. However, since she is already a bankrupt, you are unlikely to be able to enforce any judgment you may receive."
"if i have a loan contract with my company stating that repayment will be on a monthly basis through deduction from my salary and if company terminate me, must i pay the outstanding in full or can wait till i found another job and continue paying monthly a","This depends on the specific terms in your loan contract. In most such loans, there is normally a clause that provides for immediate repayment if your employment with the company comes to an end."
creditors want to auction my items because my ex wife default payment. have given them her new address but was still harrassed by the creditors. how do I solve this issue? I been forced to pay for something I didn't purchased. is it possible for t,"If the creditors have applied for a writ of sale and seizure and the bailiff has seized your properties, then you will have to prove to the Court that the items belong to you and not your ex-wife. You may want to refer to this website for more details: https://app.statecourts.gov.sg/civil/print.aspx?pageid=10939#17"
If I sign a document stating a personal loan with my company but this document eventually appeared as an affidavit in a legal case. Is this legally right since I did not sign in the presence of any legal officer?If there is any sentenc,"On the assumption that you are asking whether the loan documentation is enforceable against you, the answer is that the fact that the loan agreement was not signed in the presence of a legal officer does not, of and by itself, mean that the loan is not enforceable against you."
"I have lent slightly over 10K to an individual. He has previously agreed to return me the money on whatsapp and emails (proof). What are my chances in obtaining my money if he refuses to return? 2. If he is willing to return, but only an extremely low amo","You must be able to prove a contract between you and the individual. The proof comes from the whatsapp and email and you can try to enforce it in courts. However, the legal costs associated with such an action may make it financially not worthwhile."
"A has borrowed a sum of money $X from Z, and promised to return the via monthly instalment. After 1 year, A denied borrowing that sum of money and keeps delaying the payment. What can Z do to claim the back the money? Z only has the bank transaction state","Z has to prove that there was a loan agreement between him and A. The bank transactions may not be enough to show this because all they prove is that A has been giving money to Z, but that does not show that Z lent A money."
I have loans from legal moneylenders. I lost my job due to loansharks. Now I'm unable to pay. Do I need a lawyer? I was able to talk to some of the lenders but others are not as accommodating. I just need more time to collect my CPF and pay them.,"You do not need a lawyer to talk to the legal moneylenders (and a lawyer is unlikely to be of any assistance with the loan sharks), although it may be useful for a lawyer to assist you. Depending on the amount involved, you may want to consider applying for a debt repayment scheme as that may assist you with the legal moneylenders."
Can I recover a personal loan of about $50k from the living family after the person had passed away suddenly? Not sure about the leftover estate. Would it be advisable to take action against the estate? Roughly how much would the court fee like?,No. You are only entitled to recover the monies from the estate. It is difficult to advise whether you should take action as this depends on the factual matrix of your loan and whether you have documentary proof. The fees depends on the law firm that you approach - you may want to check with the lawyers directly.
the director borrow money from me with black and white.. but the company closed down. what can I do to get my money back?,"This depends on what your ""black and white"" states - if the loan is between you and the Company, then you will have to prove your claim against the Company (which may be pointless if the Company has closed down). If the loan is between you and the director, then you can sue the director for the monies."
How can i recover the 50k loan from the person who owns me money? If there is a written IOU. What can be done?,"You will need to sue the borrower on the IOU in court. You will not be able to go to the Small Claims Tribunal as they do not have the power to hear such cases. Going through the normal court system may entail legal fees, which you will have to factor into your considerations."
Can a creditor take legal action to take money from a obligor's CPF account?,"This depends on the facts, but generally no."
Is the bank or debt collector allowed to deduct funds from my bank account which issue is not related to me in any written form of black or white ?,"Generally, without a court order, the bank or debt collector will be unable to do anything with your bank funds."
Is it ileegal to film someone without their consent,"If the filming is carried out in a personal or domestic capacity, there is no obligation to obtain consent. If the filming is carried out in the capacity of an employee who was acting in the course of his employment with an organisation, there is no obligation to obtain consent, but the person filmed may sue the employer should he/she have incurred any losses or damages directly arising from the filming. Additionally, there may be criminal liability under the Protection from Harassment Act, if the person filming had intended to cause harassment, alarm or distress, and the filming is threatening, abusive or insulting behaviour, unless the person filming can show that he/she had acted reasonably."
"Hi, my colleague and I are on poor terms. She has been secretly taking my pics in the office. She denies it and is close with my supervisor. Supervisor does not believe me. I don't have concrete evidence of her taking my pic. Even if I demand to check","In your situation, you would only be able to sue under the Protection from Harassment Act if your colleague had published threatening, abusive or insulting words together with the photo of you. Additionally, your colleague's actions are not in contravention of the Personal Data Protection Act 2012, since the photo was taken in a personal or domestic capacity."
"If an individual took a voice recording of me on behalf of an organization, does that organization or the individual has the right to publicize or send the un-consent recording to any others? If they don? t, what possible will happen if they do?","Under the Personal Data Protection Act, the voice recording may constitute ""personal data"" if it contains data about you, and if you can be identified from that data. The organisation needs to get your consent before the data can be collected or disclosed. Since the individual took the recording on behalf of the organisation, the responsibility for obtaining consent from you lies with the organisation. You could make a complaint to the Personal Data Protection Commission. However, note that if the recording was made at a public location or event, it is possible that the personal data may be considered generally available to the public.For more information: https://singaporelegaladvice.com/can-an-organisation-record-a-conversation-without-consent/"
"If my creditor trespass and take my personal belongings including ic , can I sue them ? What should I do ?",Creditors are not allowed to enter the premises and remove your belongings. You may bring a claim against them for trespass.
"What are the possible consequences should one party finds out a phone conversation being recorded without mutual consent? What are the recourse available to address this issue, if any?","If you are an individual acting in your own personal capacity, you will not be sued for the infringement of privacy because Singapore has not yet recognized the infringement of privacy as a separate reason to sue. But you may face the possibility of being sued for a breach of confidence if the conversation recorded contains confidential information and the confidential information within the conversation has been used or disclosed by you."
Landlord placed a spy camera/with audio recording in living rm w/o consenting the tenants. I rent 1 room. Legal in SG? What is the next step?,"It depends on the terms of your agreement. While the installation of the spy camera can involve an invasion of your privacy, it depends on what the camera recorded. We note that the camera was placed in a public area and within the areas under the landlord's consent. If there is a breach of the agreement, you can terminate the lease, but you will face practical problems recovering your deposit."
"Hey, Is collection feedback from customers towards a business entity legal? Then providing the feedback collected to the business entity.Does this infringe the Data Protection Right in Singapore?","On the assumption that you have obtained the necessary consents, it is legal."
I was asking a website administrator to delete a post containing my personal information. But they refuse to do so. Which step should I go to resolve this issue? Any government agency is responsible for such conflict?,You may wish to make a report to the Personal Data Protection Commission. You can find out more here: https://www.pdpc.gov.sg/individuals/complaints-and-reviews
"If a person record another person's call without his or her consent and pass that recording to the other party's employer, is it illegal?","This depends on the facts, but it is unlikely to be illegal."
Can an employer impose a regulation whereby it can check an employee's own personal hand phone for audit and compliance purposes? The hand phone is used for both work and personal use. Since the hand phone contains both work and personal contacts,"This is a question of contract. Generally, if the contract is silent, there is no basis for the company to check on the employee's personal handphone although this is a fairly common practice especially where the employee has a handphone allowance."
I found a photo of my friend in an online indecent photo gallery site. Photos of her showering taken by hidden camera in her own home toilet. What can/should I do?,You can inform your friend (anonymously if you prefer) so that she can take preventive steps. You can also report this to the police or ask the website to take down the photos.
is recording against employer legal in Singapore?,This depends. Voice recording is generally legal. Video recording depends on whether the person's privacy is violated.
My neighbor just installed a cctv that points right into our yard area. What legal actions can I take to protect home privacy?,"This depends. If this is a HDB flat, then it is not legally permitted for your neighbour to install CCTVs in the common area without permission from the town council. If the CCTV is on his own property, it would be difficult to stop him."
"As a business registered and operating in Singapore, can I record calls without telling people. The only reason we want to do this is for training purposes and it's quite difficult to announce this on outbound calls.",Generally yes.
"A website uploaded a video of me without my knowledge and approval , tried to message them to remove my video but no actions taken at all. It's causing me unneccessary distress. What can I do? Thanks",It depends on where the website is hosted as your available recourse against the website depends on the laws of that country.
"Person X has been making harassements call to me since 2006. Upon changing number, he started sending harassing messages to me through facebook for the past years. Is there anything that can be done? How much would it cost to take legal actions?",You can apply for relief under the Prevention of Harassment Act if the acts took place after November 2014. Check https://www.statecourts.gov.sg/FillingForHarassment/Pages/CIVIL-REMEDIES.aspx for more details. We cannot advise you on the cost as that varies depending on which lawyer you approach.
Is it legal to record conversations in singapore with consent of other persion,There are no express legal prohibitions (assuming that you are dealing with private individuals).
Can I steal and possess confidential information of the other party for legal self-defence when the need arises?,"It is not clear what you mean by ""legal self-defence"". Theft will be an offence. Further, evidence that is improperly obtained can in certain circumstances be excluded from use in Court."
Can i take legal actions against someone who is spreading my nude photos?,"This depends on the facts, but generally yes."
someone send a message to my husband saying that I am having an affair outside but we don't know who is that prankster. is it possible to find who is that person?,"Possibly, but this is not a legal question. You may wish to seek help from the telcos."
My ex-husband got the photo of me and my bf's nude photo. He sent the photo to my bf's company (attn to my bf) and also to his house. Would like to know if there any legal action can be taken against my ex-husband?,You may wish to make a police report and also commence a civil action against your former husband.
if a post on a Facebook group chat by someone is fringing into my privacy? what can I do and how can I get the post down?,"It is not clear what you mean by ""fringing into my privacy"". However, if you are unhappy with anything posted on Facebook, you can write directly to Facebook to complain."
A now-defunct tuition website has obtained & published my educational history and personal information online. I have been harassed because of it. How can I remove it?,You can write to the server host to request that they remove the entire website.
"Someone has posted a photo of me and himself as his Facebook profile photo which I do not want. Despite many requests for him to remove that photo, he has not taken any actions. I am feeling harassed and is there anything I could do about it?","It is difficult for you to compel the removal of the photo. Some options that you may want to consider are to report him to Facebook for harassment. If not, if you know who the copyright holder is, then you may want to ask the copyright holder of the photo to assist you in demanding the removal."
"Someone created a wordpress blog using my full name, what can I do ?","Legally speaking, unless there is defamatory material on the blog or if the blog creator is impersonating you to cheat others, there is nothing that you can do."
"If A sends an email to B to tell on C, but there is no evidence against C etc. Can B sue A on any grounds?","B likely cannot sue A.??However, C may be able to sue A depending on the contents of the email.??First, C may claim against A under the tort of defamation (specifically libel)?? provided the elements of defamation can be proven: generally, the statement must harm the reputation of the victim, the statement must refer to the victim, and must have been communicated to a third party (B in this case). There are??defences??available such as fair comment and justification. Additionally, defamation is a criminal??offence??under section 499 of the Penal Code.??Second, C may also claim against A for malicious falsehood if A has maliciously made false representations with a view to injuring A's goodwill or economic reputation. C would have to prove that he/she has suffered loss as a result, such as loss of sales.Third, C may be able to sue A under the economic tort of inducing breach of contract if B has breached a contractual obligation owed to A as a result of the email. Specifically, it must be proven that A knows of an existing contractual relationship between B and??C,??and that A has intended the breach of the obligation. The email must be a direct and effective cause of B's breach, and damage must have resulted from the breach of contract."
Managing agent took a photo of resident's vehicle that was parked indiscriminately with vehicle number masked. This was sent to all residents as a reminder note over proper parking. Can the vehicle owner sue MA for defamation over the photo?,"It is unlikely that you will be able to make out a defamation claim in this scenario, given that the element of reference to a party may not be made out. Further, the MA will likely be able to rely on the defence of justification against such a claim."
Can the landlord come to see the HR at work without prior warning/consent for late payment of rent even though I have contacted her already ensuring that I will pay the full sum ASAP? Can I sue her for defamation and causing unnecessary disturbance at wor,"Depending on the exact facts of your case, you might consider an action in the torts of defamation or even unlawful stalking  ? though, to reiterate, it really depends on what actually transpired; for example, if what your landlord said was true, a defamation claim cannot succeed."
I have came across someone posting untrue things in the facebook about me and my company. What help can I get ?,"One of the possible cause of actions would be defamation. However, this may depend on the facts of your case. For your reference, to establish prima facie case of defamation, following conditions must be met. 1.Statement must be defamatory in nature a.Objective test is applied. i.Court will see natural and ordinary meaning ii.It can be true or legal innuendo b.Statement tends to: i.Lower the claimant in estimation of right-thinking members of society, generally ii.Cause the claimant to be shunned or avoided iii.Expose claimant to hatred, contempt or ridicule2.Statement must refer to the claimant a.Third party reasonably understands defamatory words to refer to the claimant i.claimant does not have to be mentioned in the statement as long as third party can reasonably refer to claimant. ii.Also mistake cannot be used as an excuse. E.g. newspaper wrongfully claiming that X has committed a crime while X is in fact not the one accused. iii.According to the Singapore court, defamatory words can refer to class of people as long as plaintiff can show that it refers to plaintiff). However, largeness of group may affect difficulty in pointing to the plaintiff3.Statement must be published a.Communication to third party or parties i.Publication must occur in Singapore, and/or accessible in Singapore if in the case of Internet ii.If the website is blocked in Singapore by the Government, plaintiff may not be able to bring the action in Singapore iii.Publication requires that someone in Singapore actually have read it"
what case i can file against posting pictures without my consent and posting containing untruthful statement and saying bad words in social media against me?,You can proceed under the Protection from Harassment Act to make an application to the District Court for a protection order.
"Hi, can I sue someone who posted I and family member (photo and words) on Facebook. He wrote we are cheater. And I have been suffered for one year plus. Police officer advised I go to file magistrates Complaint. Can I file as defamation? Is it under crime","Defamation is indeed a criminal offence under section 499 of the Penal Code, and the defamer can be prosecuted if it is shown that he intended, knew, or had reason to believe, that his words would harm the reputation of the victim. Additionally, defamation can also give rise to civil action under the tort of defamation and the Defamation Act. Where written words constitute libel, you may commence a civil lawsuit against the wrongdoer and pursue monetary compensation or an injunction. Depending on the circumstances, mediation, arbitration, or a private settlement outside of court may be recommended."
"I am a teacher and one my fifteen year old student wrote, ""Ms.xxx (refers me) is a **** (a word which imputes unchastity) and she knows it exactly"" on a worksheet that she submitted to me. Will I be able to take legal action under libel laws?","You will not be able to take legal action as the worksheet was submitted only to you. There has not been any publication of the libel.Quite apart from the above, and more importantly, we suggest that you should consider other options of discipline apart from legal process since you are a teacher and the perpetrator, your 15 year old student."
A customer posted on my Facebook page for my bistro claiming the good reviews posted in my page is me making use of other Facebook accounts to hike up the 5stars review. Can I take legal action?,"Yes, you can sue the customer for defamation."
two eye witness claimed they over heard me passing remarks calling 1 women a whore. The lady filed an official complain to HR/management and I was being called for questioning. Can I sue the 2 eye witness and the 1 lady for deframation? As I did not called,"Based on the limited information you have provided, it sounds like you may have a case for defamation. If you have been defamed, you are advised to consult a lawyer to advise you on your options to recover damages, and/or to help you put a stop to the defamatory actions in order to protect your reputation."
If I have said anything to a person about his recruitment agency that how bad your company is and everybody knows how you deal & harass your employees. If it was said with no intention to harm anybody. Is it defamation?,"It would depend on who you have made these statements to. If you have made similar statements to other parties, there may be a cause for defamation. You may wish to talk to a lawyer to advise you further on this issue."
Someone threaten to defame me for something I did wrong I offered an apology and damages. Can I win a case if the person still go ahead with defaming me online if she accept the damages? Under what statues would it be?,"If a person has defamed you online, you may be able to bring a case against him/her under the Defamation Act. However, you are advised to consult a lawyer on this as defamation is a fairly technical area of the law."
"A freelancer left in Jan 16, but continues posing as our staff and use our name in dealing with clients. What can we do?","You can sue the freelancer for deceit and defamation, or make a police report for cheating."
can i sue someone If someone made untrue comments about singapore,No
i caught someone taking my photos in a shop due to a misunderstanding. i approached the person n she said that she will delete the photos but no way of checking. can i sue her if i found my pics in her fb with her writing things abt me?,"It depends on the facts. There is generally no right to privacy, but you may have a claim for defamation or breach of contract."
I had a written complain from a customer using vulgarities. Can i sue him? Can i report/demand a compensation from my employer who did not make effort to defend me?,"It depends on what was stated. You can explore proceeding with defamation proceedings against him. As for your employer, this depends on the nature of the terms of employment and/or on the specific facts in question."
Which is Defamatory and which is Malicious - If one were to say that I am cunning? and another one added that I will cheat and lie?,"It is not clear what you mean by ""Malicious"". However, the former (cunning) is unlikely to be defamatory. The latter is likely to be defamatory (although it may be subject to the defences)."
Someone is making defamatory remarks of me and my company on Facebook. My request for an apology was rejected. It has caused me to lose customers & damaged my personal & business reputation. Can I sue her for defamation?,"In general yes. However, you are advised to consult a lawyer on this as defamation is a fairly technical area of the law."
"I was intentionally insult by sms. In the sms, the party also threaten to shame me. Can I file for a court case? What can I ask for PPO? What can I do regarding this?",This depends on what exactly was said in the SMS. It is unlikely that mere SMSes alone can qualify you for a PPO.
I have been accused through verbal and SMS conversations by a colleague's wife for a non-existent affair. She has shown others the SMS chat. Can I sue for slander?,Yes.
"I have been threaten with a lawsuit based on a comment I made on another person's Facebook status. In the comment, there was no untrue information, but does include some information on the person's personal life. Is there a case?","It depends on what action is being commenced against you. If it is defamation, and you have stated truths, then there is probably no action."
"If a person was found to be wrongly accused of outrage of modesty, can we counter sue the other party for defamation?","Probably not, but if the prosecution was maliciously procured by a false complaint, you may be able to sue the complainant in the tort of malicious prosecution."
How to sue someone for libel defamation,"You will have to commence court proceedings and while this can be done in person, you may wish to consult a lawyer if you are unsure. In the first place, you will need to satisfy yourself that there is a likely case of libel or defamation."
Someone has taken a snapshot of my status on FB and posted about it. The post was rather negative. Can I make a report against her under the Defamation Act?,"This depends on whether the person who posted the snapshot can subject himself or herself to the defences to defamation. It is always open to you to sue someone, but whether you succeed will depend on the exact facts of the case. And also, whether it is financially viable to commence an action, taking into consideration legal costs."
"Invloved in accident with Msia car in SG. Claiming OD for time being for repair before my insurer try to claim 3rd party from Msia insurance co. Is there case to sue for excess, rental car, med exp which are not covered and under my own expense? Other dri","You may sue the other driver directly under the tort of negligence and claim for the excess amount, rental car expenses and medical expenses. You should consider seeking legal representation for such a claim."
I'm a lorry driver and got accident that my cargo drop on the road cost $5000 and I go no way how to pay it we never talk about insurance before I carry it . do I really have to pay it by legal matter? Thank you,Please consult with your employer (if any) as they likely have separate insurance coverage.
I was involved in a motor car accident but did not make any claims against the other part. Is there any way to claim against the 3rd party?,You could potentially bring a claim against him in tort provided that his actions caused you to suffer damage and that damage is not too remote.
"What can I do if a car tried to ram my car multiple times, and intentionally, as well as three objects out of their car which impacted my car twice causing damages. But I have no in car camera and only a photo of the offending car, which was taken by my p","If a collision had taken place and the other driver did not stop, the accident may be categorised as a hit-and-run. In such a scenario, you may wish to make a police report."
"Recently involved in a car crash as passenger and sustained injuries. Driver at fault as he turned without checking. Though I accepted the insurance payout, is it still possible to file small claims against the driver as the claims are now insufficient to","The small claims tribunal does not hear cases involving damage caused by the use of a motor vehicle. You can make a claim against the driver in Court, but you should check with the insurer first as they have a subrogated right to make the same claim and you should not prejudice that claim."
"Delivery lorry hit my car as he drove out of his lane. Despite providing video evidence, insurance company deny my claims. Can I sue the employer of the delivery driver for compensation?",Yes you can. It will be for you to persuade the Court that he caused the accident.
Having trouble with insurance company for a car accident. A car moved into my lane and stopped suddenly causing us to collide. The insurer says its my fault and I won? t succeed in recovering for damages.It says the fault will always be the car who hit f,"It is not clear what your question is. But generally, if you do not agree with your insurer, you can take over conduct of the matter and join your insurer as a defendant. That being said, the burden of proof is on you - it is generally very difficult to prove what you are claiming."
"My vehicle was hit by a company car, which turns out breached the motor insurance terms. Should I sue the insurer for the repair claim, the other driver, or the vehicle's company?",You should send the letter of demand to the Driver and the vehicle's insurer.
"was involved in traffic incident in july, still pending tp verdict. other party claiming 6k for minor abrasions under pain and suffering, i feel amount is outrageous. Shld i let my insurers handle or get my own legal counsel? thx","If you do not wish to let your insurers handle, then you will have to bear the costs of instructing legal counsel and paying the amount ultimately determined."
my mom passed away in a car accident involving 2 cabs. The other cab diriver was found guilty and sentenced. My sister is doing the claims but we are not in talking terms. If there is a claim a i eligible for share in it? Do i need a lawyer?,"If there is a claim that results in payment, the money will likely be paid to your mother's estate. Whether or not you are eligible for a share, may depend on the terms of your mother's will or intestacy rules."
My car insurer has not been responding to lawyer making a claim. Now they have commenced action by filing a Writ of Summons gainst me. What should i do ?,"You should inform your insurers immediately and ask them to handle the matter. However, if they choose not to take any action, you should enter an appearance within 8 days of the service of the writ or the claimant will obtain default judgment against you."
"my brother died in a fatal car accident, he was jay walking , is there any claim we can do",You can attempt to sue in negligence if there was evidence that the car driver was careless.
"I got a bad burn on my leg from accidentally touching the exhaust of an illegally parked motorbike in my condo. Can I sue condo MCST or the owner of the motorbike and win? If yes, What can I sue for?","It might be possible for you to seek an action against the owner of the motorbike for causing you personal injury as a result of his negligent act. However, more facts are required to determine whether or not the injury is too remote for such a claim."
"Vendor and freelance found customers through a internet platform. After job done, customers will pay the internet platform first then the internet platform will pay vendors. What if the freelance injured during the work. Who will take the responsibility?",The freelancer bears the responsibility.
Can I claim legal compensation in an assault case against the attacker ?,"Yes, provided that you can show that you have suffered loss."
I am a security personal working in a condo in singapore. I was abused by a resident who actually spat on the ground infront of me while giving demeaning remarks. How to i go about this?,You can make a police report if you felt threatened by his actions.
I bought a pull up bar online and pasted it between the doorway of my room. Yesterday it gave way and dropped as I was doin pull ups. I landed haed on my left and may require a surgery in my left knee. Can I sue the company that I bought from?,"This depends on why the pull-up bar gave way. If it was because it was not installed properly, then you probably cannot sue the company. If it was due to some defect with the pull-up bar, then you may have a case."
My son suffered from bleeding beneath the scalp as a result of vacum- assisted delivery. Is subgaleal hematoma during delivery considered medical malpractice in Singapore?,It depends on the facts of your specific case. We would suggest that you consult a lawyer to obtain specific legal advice.
"A fire shutter came crashing down on two infants for no reason, almost causing death. Luckily 10 people helped in rescuing them. The landlord is unwilling to compensate for trauma. Police told me to find my own lawyer. where can i seek help?","We cannot advise on specific lawyers to seek, but you can check the lawyers' directory on the Law Society's website."
What is my liability if my son five year old had accidentally injured another kid during play while under the supervision of their guardians? Do I need to pay the resulting medical bills and subsequent reviews?,"On the assumption that you did not do anything negligent (i.e. you did not leave the kid alone or leave the kid with a dangerous item, or if your child has a history of injuring others and you have done nothing etc), then you are unlikely to be liable for the medical bills etc just because of your child's negligence."
My uncle was hit by cyclist and needed stitches on his head. Cyclist refuse to admit his fault or pay. What shld he do?,"You should seek legal assistance to see if you have a claim against the cyclist. You may wish to seek legal advice at a free legal clinic: http://probono.lawsociety.org.sg/Help-for-Public/personal-legal-issue/CommunityLegalClinic/If you have a case, you may elect to sue the cyclist to recover damages."
I was a victim in hit n run accident. What can I do to claim that guy?,"You could commence a legal action against the other person, but be aware that your legal costs may exceed what you may eventually recover."
"Hi, I had a beer yesterday and after drinking i came to know that, there is marble size plastic ball in the beer tin(Can). Pls let know, how can we handle this case and bring notice to the beer company. Pls Suggest.",You could acquire legal representation and sue the beer company for negligence.
A company send me items I didn't purchase. Threaten to seek legal action against me if I don't pay up . What should I do?,"This would depend on what you have done with the items, as well as the surrounding circumstances. Where you have not used the items, you may be able to return them instead of making payment. Alternatively, if you have, you may be liable to pay for the price of the items that you have used, unless it is found that the goods are ""unsolicited goods"" under section 2 of the Consumer Protection (Fair Trading) (Opt-Out Practices) Regulations 2009, whereupon the company would not have a claim against you. This is a finding of fact based on the circumstances of the delivery and your subsequent actions."
Are business entities not covered by lemon law for used cars? What remedies can I seek?,"The lemon law generally applies only for consumers, so it depends on whether the business entity bought the car as a consumer, or in the course of its business. Otherwise, it can seek recourse under the Sale of Goods Act."
A telco has a promotion for only new customers and those who wish to re-contract and existing loyal customers are excluded! Is this discrimination?,Generally no.
If I purchase a car and found out mileage has been meddled with. What should I do?,"This depends on the terms of the contract. Generally, you can make a claim against the seller under the Lemon's law."
"If my sofa is discoloured after professional cleaning has been done, should my compensation amount be for a new set of covers or the current value of the covers (minus wear and tear cost)",You should generally be compensated for the loss you suffered. It would probably be the value of the covers just prior to the damage (which would be less than a new set).
"Hi. I purchased a car in August 2015 from a used car dealer, and since then it has broken down several times. Recently I discovered that the mileage on the car as of March 2015 was around 100,000 km higher than it is now. I want to sell the car, and minim","It is not clear what your question is. However, you may have a claim against the car dealer."
"Hi, had bought 2nd hand car within a mth. dealer require me to pay half of the repair cost. dealer said engine oil leaks is wear and tear. is that true under lemon law?",The lemon law does not require you to pay half. You may want to read this for more information: https://www.case.org.sg/consumer_guides_cpfta.aspx
"i have been sold a car with an illegal engine from a direct owner, what action can i take against the seller?","It depends on what your contract with the seller provides - in particular whether he had warranted that there were no illegal modifications. Even in the absence of such a clause, this may be implied."
Can hotels refuse customers even if there is room available?,"Yes certainly. Although the general principle is that hotels are bound to provide accommodation for fee-paying customers, but they are not bound to do so at all risks and all costs. For a start, hotels are mandated by regulations to refuse rooms to persons of bad character. Further, hotels also cannot permit any gaming, drunkenness, drug abuse or disorderly conduct to take place on its premises. This probably means that the hotel can refuse customers who reasonably seem prone to exhibit such tendencies. Quite apart from those regulations, hotels can also refuse guests who are unwilling or unable to pay for a room or if the occupancy of the guests would exceed the hotel? s maximum capacity."
"For petty crimes like stealing a lighting fixture, can hotels sue the guests?","Yes, hotels can sue guests for stealing items that belong to the hotel. The civil action is known as the tort of conversion. The hotel can claim damages resulting from the unlawful possession of its property. The hotel can of course also lodge a police report. If the guest is successfully prosecuted, then he may be liable to a fine or imprisonment for up to three years under the terms of the Penal Code."
How hard is it to prove or disprove that something is stolen from a hotel room?,"It really depends on the facts. Where there is clear evidence of forced entry, then that is clear proof of theft. In one Singaporean case, the guests? jewellery box was found to have been smashed. In another case, the guests? suitcases were ransacked. These constitute clear proof of theft. On the other hand, where there is no sign of forced entry, theft will be harder to proof. Indeed, in such cases, the guest may himself have been careless so as to afford the thief the easy opportunity to steal without much force or effort."
What if you signed an agreement that hotel is not accountable for any loss of belongings? Are hotels allowed to do that?,"Singapore cases have held that such clauses are ineffective. This is because the basis of the hotel? s responsibility does not lie in a private contract between it and the guest. Rather, it is imposed upon the hotel as a matter of law and as such, the hotel cannot contract out of this requirement by way of a clause in a private agreement. At best, such notices is no more than a warning to the guest that they must do their part to take care of their things themselves."
Are hotels liable to the belongings of their guests? Up to what extend?,"Yes, they are, but the extent of their liability depends on the circumstances. In law, the hotel is regarded as insurer of the belongings of his guests. Therefore, if such belongings are lost or stolen within the confines of the hotel, the hotel must make good to its guests any damage or loss to the belongings. However, the hotel may not be liable for the full extent of the guests? loss. The hotel can escape liability if it can show that the guest himself was careless and that the carelessness led to the loss of the belongings. Another way in which the hotel can escape liability is if it has put up a display limiting its liability. This display must follow the terms of section 3(1) of Innkeepers? Act. Where the display is properly exhibited in a conspicuous part of the hotel, then, subject to very few exceptions, the hotel? s liability to its guests will be limited to $500 only. However, this display will not be effective in restricting the hotel? s liability when the theft occurred through its negligence or fault."
Are hotels liable for the belongings of their guests?,"Yes, they are, but the extent of their liability depends on the circumstances. In law, the hotel is regarded as insurer of the belongings of his guests. Therefore, if such belongings are lost or stolen within the confines of the hotel, the hotel must make good to its guests any damage or loss to the belongings. However, the hotel may not be liable for the full extent of the guests? loss. The hotel can escape liability if it can show that the guest himself was careless and that the carelessness led to the loss of the belongings. Another way in which the hotel can escape liability is if it has put up a display limiting its liability. This display must follow the terms of section 3(1) of Innkeepers? Act. Where the display is properly exhibited in a conspicuous part of the hotel, then, subject to very few exceptions, the hotel? s liability to its guests will be limited to $500 only. However, this display will not be effective in restricting the hotel? s liability when the theft occurred through its negligence or fault."
Can I refund my registration fee that i paid to an employment Agency if i want to withdraw my application?,"As the Employment Agencies Act is silent on this, it probably depends on the specific terms and conditions of the agreement you signed with the agency."
"if living pest or bugs found in my newly purchased furniture which are imported from oversea by the seller, then which law is the seller violating?","You are likely to have a right to require the seller to repair or replace the goods, or receive a discount or rescind the contract under the Consumer Protection (Fair Trading) Act. If the seller does not comply, he will be violating that law."
"I have paid a car dealer 5000 to pay for my insurance, but they did not pay how do I get my money back, besides making police report?",You may speak to your car dealer on a settlement. You may also bring an action under the Small Claims Tribunal.
Can I cancel an unused facial package paid for with credit card within five days of purchase without valid reasons? Receipt stated there is a five-day cooling off period.,You can most likely do so.
"i was request for paying $560 for cleaning service but market price around$380, I refuse to pay, will deposit forfeited? As I signed the TA will use landlord's professional cleaning company, but it wasn't stated which company and price on TA.","In general, deposits are irrecoverable, and in most cases, the party in breach of a contract cannot recover a lawfully forfeited deposit even if total failure of consideration can be demonstrated. Only in exceptional cases where the deposit is an unreasonable amount may it be recovered."
"If someone has met up with me and paid money for a product, but now wants it returned has its not authentic - do i have the right to refuse? We met up and he had ample time to check the product, and nowhere in my description said the product was authentic",It depends on the facts and the representations made. It is not clear what you mean by it is not authentic. Bear in mind that it may be a criminal offence if there are breaches of intellectual property rights.
Company supposedly storing wine I bought from a scam company (The Bottled Wealth) demands payment of storage fees or they will take legal action. Need advice for what I can do to stop this blatent harassment.,"It is not clear what you mean by harassment. If this is a scam, then you can make a police report. Alternatively, if they are harassing you and they refuse to stop, you can file an application for relief under the Protection from Harassment Act."
"Is it legal for a warehouse owner to withhold my furniture, stored by the movers at his premises, because the mover company owes him the storage fees?",Yes.
i have paid 90% of my wedding photography and videography. Since it has been more than a year after the wedding. CASE and Small claims tribunal cant help with our case as it has been more than a year. Need legal advise on how to pursue the matter.,You would have to apply for relief in the Magistrate's Court.
Is it against the law to order something but cancel it and not pay it. So basically my friend and i ordered a jersey and the gay paid his supplier for us first but my friends dont want it anymore even though it is made already,"If you have ordered an item, you have entered into a contract for the purchase. If you fail to take delivery, you have breached the contract. However, it is unlikely to be a criminal offence."
Can an independent dance school charge a registration fee every term if your child is not withdrawing? What is the purpose of a registration fee and if you are already registered do you pay again?,"The right of a school to charge any fees is a matter of contract. If the contract provides that you agree to pay the registration fee, then it is legal. Whether it is proper or moral is a separate question."
"Can I get back my deposit legally if the retailer cannot meet the deliver date? I specified that I needed it by a month, we agreed on 4 weeks. Now she said I can only receive it 1 3/4 month - 2months",It will depend on your agreement with the retailer.
I was given a 3 day cooling period that ends on a weekend. is it fair that merchant deems I did not meet the 3 day cooling period and refused full refund?,"It is not a question of fairness. If the product you purchased is regulated under the Consumer Protection Fair Trading Act, then they are required to give you a five working days cooling off period. If they failed to do so, then they would be in breach. If the product is not regulated, then this depends on the terms of the contract you signed."
"Hi, I've leased a car from a car rental company. The company claims they do not issue receipts or invoice for payments made by me. Is this legal? I've paid a refundable deposit and a 1 week advance rental to them. But no receipts were issued to me","Generally, a car rental company is required to issue receipts, although they can legally avoid issuing receipts if they have practices that can ensure the completeness and accuracy of the recording of all their sales receipts.That being said, we would hesitate from dealing with any business that refuses to issue receipts."
"Does SCT hear case involced in rented car damage? If not, how much it costs to file in a civil court?","? ?The Small Claims Tribunals have no powers to hear your claim. The cost to file a civil suit would depend factors such as the lawyer you wish to engage, and the damage involved. You may wish to call a couple of lawyers directly: see http://www.lawsociety.org.sg/ for a list of lawyers."
I made 30% deposit for furniture package under pushy sales tactic. Request for cancellation 2 days later but was rejected and told that there were NO CANCELLATION policy which vaguely scribled on the sales order. Do I have the right to ask for refund?,"It depends on the circumstances, such as how clear the notice of the ""no cancellation"" policy was to you. You are advised to consult a lawyer."
Can I demand for transparency of retail prices of facial treatments? The company states that it is confidential therefore they just quote the prices by mouth and don't show black and white. How would I know if I was being overcharged? Though it is a n,"According to CASE website (https://www.case.org.sg/consumer_guides.aspx), you are entitled to check the prices before making payment. If you are overcharged and the company refuses to refund, you may lodge a claim with Small Claims Tribunal (depending on the amount claimed) or CASE."
Do I legally own a vehicle if the hire purchase installments have been completed over 5 years ?,This depends on what your hire purchase contract provides for. But generally yes.
Can I refuse to pay the legal fees charged by my lawyer if he refused to explain to me what are the basis of charges.,"Generally, yes. But this depends on the specific facts."
Can my lawyer charge me a legal fees without me knowing it in the first place?,No.
Do I have the right to demand that a car company show me documents as proof that my car is new?,It depends on the basis on which you purchased the car and the terms of the car purchase agreement.
My tattoo artist drew the tattoo flipped over backwards. What are my legal rights as a customer?,"You may be able to sue him for the loss that you suffered - i.e. the costs of getting the tattoo removed, the pain and suffering caused and the cost of rectification. That being said, you will have to prove that you communicated the image properly."
I paid a contractor to do some installation but it has been almost 4 months and he is not performing it. I have an official receipt from him to perform the work. What are my options if he still refuse to perform?,"This depends on your contract. You would probably have the right to seek a refund of any monies paid, or for the costs of engaging another party to do the same installation (to the extent that this entails additional costs)."
Signed up for gym membership. Monthly membership is supposed to be deducted every month but no deduction is being made due to negligence of the gym/bank And i did not realised. Would consumer get charged if he/she refused to pay the full amount owing?,"You will not get ""charged"" in Court, but you will be ""charged"" for the amount you owe."
I've been reported to the police for scamming because the buyer claimed the tablet is spoilt after the sale (meet-up). Am I answerable to the police? What are my rights? Is this a civil case? (Buyer inspected the item before deal),The police are unlikely to investigate further into this matter unless there is clear evidence that the tablet is damaged prior to the sale. This is likely to be a civil case.
"A firm I paid to hand out marketing leaflets is not performing it, refusing to provide a timeframe nor return my leaflets. The initially promised(expired) timeframe was verbal and not on contract. What are my options/chances?",A contract can be oral but the difficulty then is enforcing it. You could try suing them in the Small Claims Tribunal if the sums involved are not great.
"We email the customer as an acknowledgement that the goods have been received in good condition. We give them a reasonable length of time to reply and dispute, after which no reply means that it is accepted. Is this practice legally recognized by small cl","This will depend on other aspects of your contract. Generally, it is possible to do this, although the enforceability of such a clause will depend on the facts and circumstances of each case."
My wardrobe is damaged and the Furniture owner do not want to refund my deposit and insist to collect back his wardrobe if I don't pay him in full. I want to know if I can withhold the wardrobe until I get back my deposit?,This depends on the sale and purchase agreement you entered into with the seller.
I signed up for a manicure/pedicure package at a location of convenience. The outlet relocated recently to another location of inconvenience. I requested for a refund but was rejected. Is it within my rights to claim for the refund? Which law/article can,"This depends on your contract with the company. Generally, in standard consumer contracts, it is uncommon for the company to agree to a refund if it moves its premises."
"Is it the service provider's duty to highlight the terms & conditions of a contract to the customer before the customer signs the contract (or agreement)? If the provider fails to do so (meaning they don't explain anything to the customer), is","Generally, a consumer is taken to have agreed to the terms on the agreement that he or she has signed. However, if there is a particularly onerous clause, the service provider may be under a duty to highlight those clauses to the consumer."
i signed a contract to sell my car to a 2nd hand dealer. I decided to breach the contract the next day. I was asked to pay 10% of the value of my car to the dealer as damages. In the end we renegotiated to half that amount. Am i protected by any law which,"If you agreed to the amount, you are bound by it, subject to any laws to the contrary."
What are my rights and likelihood of getting back the pro-rated remainder of membership fee paid upfront if the gym I signed a 12 month package with closes merely 3 months after I paid them the money?,"You should be entitled to a pro-rated refund. However, if the gym has closed, this suggests that they are insolvent (debts exceeds assets). Hence, there may not be any assets to repay you."
"If A enters into a contract with B to provide a service for payment, and B enters into a contract with C to ""resell"" the service in return for payment, can C sue A directly/vicariously?","Since A is performing the service for C directly, C may have a claim against A under the tort of negligence, although C is unlikely to have a contractual claim but this depends on the exact terms of both contracts."
Can I sell any product we got from overseas without a proper distributorship from the manufacturer? Can they sue us for selling or using it's company product image to sell?,This depends on the manner in which you are selling the product. You may be able to do so provided that you are not doing so in a manner that infringes upon their intellectual property rights etc.
How can i cancel sign membership without paid any penalty? As i did not used any single trip of the member that i sign.,"This depends on the terms of your agreement. The mere fact that you did not use a single trip does not automatically entitle you to cancellation with any penalty. Further, depending on the nature of your member, you may also be entitled to a 14 day free look period where you are entitled to cancel the contract without any penalty (although an admin fee may be payable)."
Developer wants to reduce size of furniture deck smaller than promised during the sales promotion.,This would depend on whether the contract signed between the developer and the buyer allows the developer to make such variations unilaterally.
Can a lorry rental company sue me for any repair charges two years after the rental period?,"This depends on what your contract provides. Generally speaking, unless provided otherwise, the company will be able to do so."
"Contractor used Letter of Demand to induce a contract. Later found ""expenses incurred"" were false. Contract still valid?","This depends on whether 'expenses incurred' induced the conclusion of the contract. The contract may be set aside for misrepresentation of the 'expenses incurred', but the party now seeking to set aside the contract must show that the misrepresentation had caused him or her to enter into the contract. It is also important to note that misrepresentation is difficult to prove in practice, and may involve other more difficult issues."
"Renovation contractor charged design fee, provided labour and materials which fail to meet minimum legal req.Legitimate?","This depends on the contract that the renovation contractor signed with the homeowner. The terms of the contract generally set out what is expected of the renovation contractor in terms of labour and materials. There may be other legal requirements that apply, but the most relevant document is usually the contract, which governs the legal obligations and liabilities of both parties."
Is it legal to take over the monthly instalments of someone else's car?,"A car loan is governed by an agreement between the lender and the borrower. The borrower is usually the owner of the car. As with any agreement, the car loan agreement can be varied so that a third party ""takes over"" the obligation of paying the instalments for the car loan. However, this must be agreed to by the lender, the borrower and the third party. Alternatively, the borrower / owner of the car can enter into a private agreement with the third party under which the third party agrees with the borrower / owner of the car to pay the instalments for the car loan. In such a case, the lender is not involved and the private agreement is strictly a relationship between the borrower / owner of the car and the third party only. The borrower / owner of the car remains liable to repay the car loan to the lender under the original car loan agreement. Therefore, if the third party fails to pay the instalments, the lender can have recourse to the borrower / owner of the car and may exercise the rights (if any) under the car loan agreement to take possession of the car. The borrower / owner of the car will have to enforce the private agreement against the third party separately."
What if there is no written contract?,"It does not matter that the contract is not written. Contracts may be made orally or in writing. In addition, there need not be a formal contract as such; the agreement between the parties may be contained in a series of correspondence, such as emails or letters. Once there is an agreement between the parties, the ambit of the agreement must be determined. If the ambit is found to cover the issue in question, then there would be a breach if the supplier fails to provide goods or services provided for under the agreement. Even if the contract is silent on the quality of goods, various statutes imply the condition that the goods must be in sufficiently good condition or match their description. Hence, the lack of a written contract, or even the absence of specific terms as to the fitness of goods, is not necessarily fatal to a claim against a supplier for breach of contract."
"If the supplier supplies goods or services which do not match their description, can the consumer sue?","Yes, the consumer will be able to sue for breach of contract. If the contract provides a description of the goods or services to be provided, that is a term of the contract that has to be satisfied by the supplier. If the supplier does not satisfy those terms, he would have breached the contract. Such breach of contract enables the consumer to sue either int the Small Claims Tribunal or a higher level court if the claim amount is sufficiently large."
By when must the consumer commence any action under the Consumer Protection (Fair Trading) Act?,"Generally, the consumer must do so no later than 2 years from the date on which the unfair practice was alleged to take place."
What action can a consumer take in instances of  unfair practice against him or her by a supplier of goods or services?,"The consumer can file an action with the Small Claims Tribunal. The Small Claims Tribunal is empowered by the Act to order the return of any money, property or any other item given by the consumer to the supplier; award the consumer damages to compensate for loss suffered as a result of the unfair practice; or direct the supplier to do certain acts to ensure that the consumer obtains the true value of his or her bargain."
Does a consumer have any recourse against a supplier of goods or services who omits to provide key information?,Yes. The Consumer Protection (Fair Trading) Act accords the consumer some level of protection. A consumer who has been misled or deceived by the supplier of goods or services can sue the supplier for unfair practice.  ?Unfair practice? is defined widely under the Act and generally includes instances where the supplier? s silence amounts to misleading or deception of the consumer.
"A widower re-marries an Indonesian lady. Upon his death, the Indonesian lady went back to her home country (she's not a SPR nor SG citizen), without contact details. What happens to the property and his savings account all under his own name?","If the deceased left behind a valid will, then the executor will carry out his instructions. If the deceased died without a will (also known as dying intestate), then Singapore's rules on intestate succession will determine the distribution of the deceased's estate (see section 7 of the Intestate Succession Act for the rules on distribution). Therefore, either the deceased's will or the rules on intestate succession will govern the distribution of the deceased's estate.You should note that certain property may not form part of the deceased's estate. For example, property held in a joint tenancy at the time of death will be solely held by the surviving joint tenant. Also, any property that the deceased held on trust for another person will rightly belong to the beneficiary of the trust."
will it be considered as an offence if I book an appointment with a female escort in singapore,"No, it is not an offence."
"My mother has 4 children (A, B, C & D). She does not want to pay for a will. Her intention is not to leave any money for A & C. Her money is deposited in the banks under the joint name of B & D. Will A & C have the right to challenge B","There will be some amount of uncertainty in the absence of a will. First, if A&C; do not ever find out about the monies in the account, then they will not make a claim. Second, if they do find out, then it is for them to prove that the monies actually belongs to your mother. If they can, then the monies would properly be divided intestate which is effectively equally between all children. We suggest that your mother does a will if she wishes to avoid all risk."
My uncle left no will. will his estate goes to his siblings in China?,"It depends on whether he has any spouse, children or surviving parents. If he does not have any, then his siblings (and the children of any deceased siblings) will share equally."
My mother passed away intestate and I can't find a lawyer genuinely interested in taking on the matter because it is complicated and I live overseas,"You may want to check with the law society for recommendations on lawyers. If the matter is complicated, you would have to expect to pay more. Hence, if you are not prepared to pay, then it may be hard to find a lawyer to assist you."
What is the liability of a sole proprietorship company should the owner pass away?,The liability would fall upon the estate of the owner.
My aunt lives in a nursing home. She has a house rented to a tenant and also has bank accounts with a few banks. She does not want to make a will. What will happen to her assets if she does?,Her assets will be distributed pursuant to the rules under section 4 of the Intestate Succession Act:http://statutes.agc.gov.sg/aol/search/display/view.w3p
Is adopted child entitled to parents intestate estate?,"Yes, under the Intestate Succession Act, the definition of ""child"" means legitimate children and includes any child adopted pursuant to the adoption laws in Singapore, Malaysia and Brunei."
"How much will it cost to make a simple will? If I pass away, my asset is going to be freezed till the will is executed. How long will it take for my assets to be liquidated in order for my inheritance be issued to my beneficiaries?","Professional will writing services can cost a few hundred dollars. Note that what may seem like a simple will to you may actually pose complicated legal issues. The time period for the Grant of Probate and (if no Executor is named in the Will), the Letters of Administration and the subsequent management and distribution of the deceased? s assets may take a long time, ranging from 4 months to a year or even longer."
Any difference in getting my divorce lawyer to draft my will vs an estate planning firm? Concerned abt will processing after death. My divorce lawyer has changed firms, do I approach her previous firm or her new one? Does my case follow the lawyer or the
can I write my own Will without engaging a lawyer?,"Technically, it is possible to write your own will without engaging a lawyer. The validity of the will is subject to the Wills Act. If you are unclear about the requirements of a will, it is still recommended that you engage a lawyer or a will-writing service. A list of such formalities is available at https://singaporelegaladvice.com/law-articles/how-do-i-make-a-will/ if you wish to draft your own will."
"I am a foreigner who owns a condo in Singapore. I wish to will it to my relative who is a Singaporean. Can I include this in the will I prepared in my home country, or must I create a separate will in Singapore for this asset?","It is recommended that you execute a will in Singapore in respect of your assets in Singapore. If the Singapore asset has only been included in the foreign will, administrator(s) of your estate will have to apply for a fresh grant of letters of administration. A sworn statement from a foreign solicitor may have to be obtained stating that the persons who wish to deal with the deceased? s assets in Singapore are the persons who have the legal right to do so."
Is e-will recognise in Singapore/can it be used to apply for probate? E-will as in all signatures are signed digitally and no hardcopy of the will is available at all.,"According to the Electronic Transactions Act (Singapore), electronic records of wills are not legally recognised in Singapore."
I am making a will. Do the executors have to be Singapore citizens?,"No, the executors do not have to be Singapore citizens."
"In preparing a will, can a testator transfer ownership of non-HDB residential properties to a company under the control of the beneficiaries? If possible, what are the pitfalls and best practises?","Yes, this can be done. It is not feasible to provide you detailed advice on the pitfalls or best practices as this is a fact dependant analysis."
Do I need to change the address in my will when I move to a new home?. Thks.,No unless you have specified your house as one of the items in the will to be dealt with.
"I am a divorcee and have an adult son. After my death, will all my assets automatically go to my son? Do I need a will?","In the absence of a will, distribution of your estate will be determined by Singapore? s rules on intestate succession (the Intestate Succession Act). A deceased's estate will be divided in equal portions among the deceased's children, if the deceased does not have a spouse. In your case, your estate will go to your son, assuming you do not remarry and assuming you are survived by only the one mentioned son. Nevertheless, it is always recommended that you make a will to avoid any unforeseen developments that may defeat your intentions."
"If I will my CPF to A and HDB house to B but my HDB house was fully paid by using my CPF, will B receive the full amount from the sale of my HDB house?","Upon a member's death, the CPF used to purchase a HDB house ceases to be refundable. Hence, B will receive the full proceeds of sale and A receives the balance of your CPF account."
Want to check what is the procedure to revoke any previous WILL once the marriage is done. Is the WILL automatically revoked or should there be any documents submitted. Please respond. Thanks,"Generally, a will made prior to marriage is automatically revoked upon a marriage. If you want to be certain, please make a fresh will which expressly states that you revoke the earlier will."
How do I remove beneficiary from will,"If you had previously engaged a lawyer to draft the will involving that particular beneficiary, we would advise you to go back to that lawyer to remove that beneficiary from the will."
I am in the process of changing from a Joint-Tenancy to Tenancy-In-Common. Can I proceed to do my will as part my assets prior to finalising? Will the will be valid?,You may proceed to do the will but it would be better to do the will after completing the process of changing from Joint-Tenancy to Tenancy-In-Common.
Can I will a portion of my assets to my grandchild (even when he is still a foetus in the womb)? How should I phrase this clause?,"There are various problems and permutations in this. Generally, if you die while your grandchild is still a foetus, you cannot will property to him since he does not exist at the time of your death. You can circumvent this by willing the property to say his father in his lifetime then to any male children. As this is not straightforward and can result in the invalidation of your will, we recommend that you check with a lawyer. Alternatively, make your will after your grandchild is born."
"How many types of Will are there? By that, I mean is there one type specifically for trustee to manage deceased sole-name accounts, and another type for his/her joint-name accounts?",No. A person should only make a single will which deals with all his assets.
My grandfather wrote a will in 2003 that left the majority of his assets to his daughter. His doctor stated in a 2002 document that he is metally incapable of decision making due to his dementia and alzheimers. Can the rest of the siblings contest that wi,"Yes, the siblings can challenge the validity of the will. They must show that he was of unsound mind at the time of making the will."
"Hi, my father just married to a non-Singaporean woman. He intends to put a Will due to some concern in the family. Can he disinherit the spouse in the Will? Can this be done without lawyers as we have the intention to draft ourselves and deposit the Will","Yes, it can be done. It can also be done without lawyers. However, you are advised to familiarise yourself with all the legal requirements as an invalid will is void. In addition, your father can always change his will in the future."
Can I seek community legal clinic to make a will,You will have to check with the relevant community legal clinic whether they are prepared to offer assistance on this as the policy depends on the specific clinic.
I have already made a Will. Is it necessary for me to get a Power of Attorney (POA)?,Strictly speaking no. But it depends what you want to do via the POA (especially if it is a lasting POA).
"Ig the beneficiary to a will is a minor, does the will have to be done by a lawyer & not by own self?","A will does not have to be prepared by a lawyer but there are certain requirements to be fulfilled to ensure that the will is valid, whether or not the beneficiary is a minor. It is advisable to engage a lawyer to ensure that the proper formalities are adhered to, to ensure that the will is valid."
can beneficiary be appointed as executor in a will or can the same person act as beneficiary and executor?,Yes.
We own a HDBflat still under loan servicing if we need to make sure my daugther can own the flat after we passed away what should we do?,You should make a will to this effect to be certain.
"If a Will has a lawyer & his secretary acting as witnesses,is it valid?",Yes.
which department can i go to make a WILL of my HDB Flats Thanks,There is no government department that handles this. You can consult a private lawyer if you want to make a will or alternatively there are various online providers of simple wills that charge a fee in the low hundreds.
My mother had made a will many years ago.Now i have 2 questions to ask: 1)The lawyer who made the will had passed away many years ago.2)The lawyer who make the will has only 1 witness other than him.So is the will still valid?,"If the will only has one witness, it is not valid. You should advise your mother to make a fresh will."
Is there a place where a free personal Will can be done up?,You may want to check with the free legal clinics at CDC. Some of them provide this as a service.
"if I entrust my married sister to be a trustee of my Will, in her absence, who will be the next trustee if not stated on the will","It is not clear what you mean by ""in her absence"". If she is not in Singapore, the appointment is still valid and continues. However, if your sister pre-deceases you, then this depends on what your will states. You should provide for this expressly."
"* Must 2 witnesses be present at same time ?* Should trustee be given a copy of WILL ? If yes, photocopy will do ? Who else should keep a copy?* If child is a minor when I pass away, iIs it valid to state in WILL trustee to continue t","In relation to the signing of the will, both witnesses must be present at the same time since they will have to witness you signing the will. It is not clear what you mean by trustee, but the executor does not have to be given a copy of the will (although it is common for a sealed copy to be given to the executor). You should leave a copy of the will with your relatives or friends so that your will can be found in the event that you pass away suddenly. Your query as to the minor is unclear. You may want to provide further clarification."
Would like to ask on the eligibility and criteria of being a guarantor lawfully.,"There are no prescribed statutory requirements on acting as a guarantor. Generally, a guarantor must have capacity to contract i.e. be of sound mind and be of 21 years of age."
"I have some questions regarding the will reading and the process after.1. Is it possible to read a will without a lawyer present? If none is present, what is the legal implication for the trustee should a dispute arise?&","There is no legal requirement for a lawyer to be present when the will is read. The main advantage to having a lawyer present (especially if the lawyer drafted the will) is that the lawyer can explain the contents of the will. That being said, the lawyer's explanation is not binding - he is just explaining his understanding of the will. If a dispute occurs as to the contents of the will (or the validity of the will), then the contents of the will speaks for itself and the beneficiaries will have to sort it out (in court or otherwise)."
"If the value of the deceased's assets is insufficient to cover the medical & nursing home debts, are the children liable to pay for it?","If the children incurred or guaranteed the debts, they will be liable for the debts. Otherwise, debts that were personally incurred by the deceased will only be paid from the deceased? s estate."
"The deceased money was channeled to his children. However he owed his employees' wages and has an outstanding vehicle debts, totally $10,000. How to handle such issue?","As a general rule, all debts will be paid out of the deceased estate, before the remainder is distributed (Probate and Administration Act). However, note that this rule only applies to debts owed by the deceased. For instance, debts undertaken by a company owned by the deceased are not debts owed by the deceased, as the company is a separate legal entity from the deceased."
"hi! my father recently passed away and the company has been recipient of the insurance. However, they (the company) are unwilling to pay the insurance to us (me and my mother, the beneficiaries). We have spoken to the insurance agent who has mentioned tha","Whether the insurance proceeds form??part of the deceased's estate depends on the insurance policy. For example, the company will be rightfully entitled to the insurance payout if it is the named beneficiary of the insurance policy. A common scenario for this is where the company takes out a key??person insurance policy.On the other hand, the policy may be taken out for the benefit of the company's employees (assuming the deceased was an employee). If so, then the insurance proceeds form part of the deceased's estate. The Insurance Act allows insurers to either pay to the insured/employer or to those entitled through the insured/employer to receive such payments i.e. the deceased. As the insurer has paid the insurance proceeds, the employer owes the same to the deceased's estate.The distribution of the deceased's estate will depend on his will. If the deceased did not leave behind a will, the distribution of assets will follow the rules laid down in the Intestate Succession Act."
can administrator of deceased minority shareholder request majority shareholder buy out deceased shares in private limited company ? Is the share transfer require all shareholders voting to allow such share sale and transfer ? Is there need to employ law,"It depends on the company's constitution and any agreement entered into with the company, and the terms of the will."
"what happen to director owe private limited company loan when he dies ? will his beneficary need to repay these director loan ? if they never repay these director loan , can the director loan continue compound with high interest loam rate until these be",The estate will be liable for the debts.
can spouse of deceased miniority sharehopder with letter of adminstration apply for reverse EGM decision to sell 2 high street centre shop units owe by private limited company to one major shareholder at 50% below market rate ? this company only busin,It depends on the company constitution and any agreement entered into with the company.
"can beneficary dispute their deceased parent loan , owe pte company director loan , loan rate 10% pa compounding even after director died ? will beneficary able to sell deceased company shares ( decaased is director n shareholder at same pte ltd ) ?",The debts of a debtor will remain payable by his estate. The treatment of the company shares will depend on the company's constitution and any agreements entered into with the company.
What can the beneficiaries do to get the executor of our father's will to distribute the assets? Ad he is delaying and ignoring our request. Regards and thanks.HL,"The person appointed as executor in the deceased person? s will may refuse or renounce the appointment. If this describes your situation, then the closest next of kin may get Letters of Administration in order to administer the estate. This person would be known as the administrator.If, on the other hand, the person appointed as executor has taken up the role executor, then he may be sued for breach of their executor's duties. However, it is best to engage a probate lawyer to ascertain whether the executor breached his duties and whether the damages which may be awarded makes suing the executor a worthy cause."
Am I liable for my mum? s credit card debt after she passed away? She is my guarantor for my education loan. We do not have anyone to administer her estate as she did not left much.,The estate will be liable for the debts of the deceased.
"My bro is a stroke patient and appointed my Sister in law as deputy via court of order under mental capacity act. If he passed away one day, does the duties of deputy go away too? My bro is a joint tenant with my Mother, does it mean my SIL will inherit t","If the deceased did not leave a valid will behind before he passed away, Singapore? s rules on intestate succession (Intestate Succession Act) will determine how the deceased? s estate is distributed to his survivors."
Does the estate of a testator include properties held on trust?,"Yes, as legal title is held seperately from equitable title. However, the properties being held on trust are still subject to the fiduciary obligations owed to the beneficiaries."
Parents passed away without will & leaving palm oil estate. Bro became the Administrator. 1. Can he keep estate revenues & not distributing to beneficiaries?2.Can he alone decide to sell the estate without beneficiaries' approval ?&,"1. No, it must be distributed equally among beneficiaries. 2. Yes, as long as he exercised due care and skill and did so in the best interest of the beneficiaries (in which case the proceeds from the sale will be distributed equally)."
Hi. Is it a must to hire a lawyer to get reseal of a letter of administration issued in Malaysia? Or it is possible to submit documents to Sg court by an individual? Thanks,"It is possible for an individual to do this. However, there are some situations where a grant of probate may be contentious and complicated. Thus, it is recommended that you consult a lawyer for this."
"If a HDB flat is co-owned by 2 or more owners, can one of the owners do a will for the entire ownership of the HDB flat? Or is the will limited to only the will doer's share of the HDB flat?","This would depend on whether ownership is in the form of joint tenants, or tenants-in-common. For more information, see http://www.hdb.gov.sg/cs/infoweb/residential/living-in-an-hdb-flat/changing-owners-occupiers/transfer-of-flat-ownership/manner-of-holding."
What happens when the executor of a will refuses to execute the will? What options are available for the beneficiaries?,The beneficiaries may apply to the court to grant letters of administration with the will annexed pursuant to s 13(e) of the Probate and Administration Act (Cap 251).
"Brother secretly brought my mother , 90+ , to make will granting him 100% share of assets. I can't afford the 50k to contest will. How can I seek justice?",You may wish to approach the Legal Aid Bureau.
My parents passed away. Can I take over the hdb flat? And how can I go about it?,"It depends on what is provided in their will. If you are the only child, and there is no will, then the HDB flat will pass on to you (subject to any outstanding debts on the flat). You would have to apply for probate for both your parents and obtain possession of the flat."
How much will it cost to apply to the court as a deputy for my father who lacks capacity,"It depends - the Court has the power to waive fees in the appropriate circumstances. If you need financial aid, we suggest that you approach the Legal Aid Bureau."
"If parent decease without will & leaving behind 3 children. Out of 3 children, 1 child had died ealier leaving behind his spouse & 2 children. How is the estate of the parent spilt, since 1 child had died so is allocation now 50/50 to surviving 2","Under the Interstate Succession Act, if there is no surviving spouse, then the assets of the parent are divided between the three children equally. In the case of the dead child, his 2 children will stand in his place. Hence, 1/3 will go to the 2 grandchildren, while 1/3 will go to each of the 2 surviving children."
"can i oppose the grant of administration request raised by brother ,who raise without my consent?actually my father who was the PR holder expired i India by leaving no Will,he have some estates left in bank ...in the AFFIDAVIT OF FOREIGN LAW cer",You can oppose the grant. It is not clear what the rest of your question is.
"if i own 99% of my house & my current husband 1%, in the event if i die, can my child from my previous marriage or my siblings have any legal rights to dispute with my current husband over the share of this property? if yes then how can i prevent it f","Generally, the disposal of your property after your death is governed by your will. Hence, if you wish to provide for your property, you are advised to make a will. If not, the Interstate Succession Act applies and your children would be entitled to a 50% share of your estate (not only this house). Please bear in mind that you are obliged to maintain and provide for your infant children, and the Court can override your will if you fail to provide for them."
"Can a grant of letter of administration in electtonic form? If yes, can such grant be revoked? What is the procesx? How long does the Court to revoke such grant?","You will have to apply to Court for the grant. The grant can be revoked - you will have to take out an application. Depending on the facts, it can take at least 6 months and often more to revoke the grant."
"My uncle who is 64, single is currently stay in the private nursing home. He own a 3 rm flat. Since he is now staying at the nursing home, my family thinking to rent out his flat as to cover his nursing expenses. What procedure and documents do I need in","Your uncle can appoint you or your family members to act on his behalf in renting out the flat, via a Power of Attorney. You should seek a lawyer's help to prepare the PoA.However, if your uncle does not have the mental capacity to make this decision, you will need to apply to the court to act on his behalf."
My father pass away a few years already. No administrator to handle his shares and dividends. The sum is small in the range of $100 to $200 per year. What must I do to administer his dividends without incurring huge sum of money?,You can apply to the Public Trustee to administer a deceased person? s estate. See more information at www.mlaw.gov.sg/pto
"How and where can I check if a Will is filed for probate? What happens if the executor which is the spouse of deceased did not file the Will?  Because he or she does not want the beneficiaries to get the estate monies. Does the Will gets ""expired"" after a period of time?","You can apply to the Family Justice Courts to check. If the executor refuses to file for letters of administration, then the beneficiaries can apply for the letter of administration themselves. Wills do not ""expire""."
How much does it cost to obtain the Grant of Probate? Where can I get the service?,This depends on the law firm. You should check the list of lawyers on the Law Society of Singapore and inquire with them on their rates.
"Application for grant of probate has to be made within six months after a testator's death, what consequences would the legal representatives of the estate face if application is made after this dateline? Are there additional costs involved? Thanks","Generally, as long as the delay is explained to the Court's satisfaction, there is no consequences."
"If both my parents passed away, they left a house to children and all children passed over 21 years old of age, are we able to split the house through Public Trustee?","It is not clear what you mean. If all the children are over 21 years old, the Public Trustee will not be involved."
What is the difference between a Grant of Probate vs Letter of Administration? Can I obtain 1 without a lawyer?,"Upon the death of a person, called a deceased, the Personal Representatives of the deceased will need to apply for a Grant of Probate (if there is a Will) or Grant of Letters of Administration (in Intestacy) that will authorise them to deal with and distribute the deceased's assets. You can obtain either without a lawyer but you may wish to consult one if you are unfamiliar with the procedures."
"How to search on whether a deceased person has any will made? I know there is a will registry but if the deceased person did not deposit the will with the registry, what other means of search are there?",You can consider advertising in the Law Gazette (the Law Society magazine) to ask whether any lawyers have prepared a will on behalf of the deceased.
my parents have been divorced more than 15 years my mother passed away April 2013. does he have the right to claim her assets n possessions?,"This depends on the terms of her will. If your mother did not leave a will, it is unlikely that he has such a right under the rules of intestacy in Singapore."
What is the liability of a will trustee? Will they be liable for any outstanding monies should the estate does not have sufficient funds to cover them?,Generally the trustee would not be liable.
i am married and have a step daughter from my hubby's ex marriage my hdb flat and condo are paid by me and under my name. I don't have kid yet and didn't make a will. what happens to my assets when I die?�?my hubby is an undischarged bankrupt be,"If you pass away without making a will, the Intestate Succession Act will govern how your assets are distributed. The relevant rules of distribution for your case include:Rule 1 If an intestate dies leaving a surviving spouse, no issue and no parent, the spouse shall be entitled to the whole of the estate.Rule 2 If an intestate dies leaving a surviving spouse and issue, the spouse shall be entitled to one-half of the estate.Rule 3 Subject to the rights of the surviving spouse, if any, the estate (both as to the undistributed portion and the reversionary interest) of an intestate who leaves issue shall be distributed by equal portions per stirpes to and amongst the children of the person dying intestate and such persons as legally represent those children, in case any of those children be then dead. Proviso No. (1)  ? The persons who legally represent the children of an intestate are their descendants and not their next? ?of? ?kin. Proviso No. (2)  ? Descendants of the intestate to the remotest degree stand in the place of their parent or other ancestor, and take according to their stocks the share which he or she would have taken.Note that a child includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam."
"Where ,and how can Can I get a Probate /administration letter- and how much will it cost ? what doc are required ?thks","You will have to apply to Court for this. The costs vary depending on the size of the estate. If the estate is not large, you can consider applying to the legal aid bureau to see if they are prepared to assist you."
how much is legal cost for applyiing letter of adminstration and transfer of shares . who shall estimate value of estate (minority shares in private company own only investment property mall shop ) ? please help widow and orphans !,"This varies depending on the law firm that you approach, and the work that is needed. It is difficult to provide you with an estimate here especially since the estimate is not binding on the lawyers you approach. You should approach a number of different firms and get quotes."
As a muslim how can i ensure MUIS is not involved in my iheritance matters?,"It is not clear what you mean by this. The estate of a Muslim must be distributed in accordance with Islamic inheritance laws. Hence, if the deceased was Muslim, then the monies that you inherit must be distributed in accordance with Islamic inheritance laws. In this regard, MUIS will generally be involved."
"If a person dies, what happens to the money in his bank account? Does it go to his relative s? What if there is dispute between them?","The monies in his bank account goes to his estate and the estate is divided up either (1) according to his will, if there is one; or (2) under the rules of the Interstate Succession Act."
"A has borrowed money from various colleagues estimate to exceed $300k. Then he commit suicide. If we have the text on our phone to prove that he borrowed money and bank statement to show the money was paid to him, can we get back the money from his colleagues?","Yes, you can make a claim against his estate as a creditor. You should put his executor (if he has one) or his next of kin on notice of your demand."
I am the only one out of seven children exclude in my mother's will to inherit her estate. Please advise if I want to know the my rights and the truth legally.,"Your mother could legally exclude you from the will. So long as the will was lawfully entered into, your mother can exclude anyone from it, including her children."
Hi!Please advise me where can I get help if asset from letter of administration not distribute accordingly?and the lawyer handling the case no informing one of beneficiary the money have being release..,"On the assumption that you are a beneficiary, then if you need legal assistance, you may want to approach the Legal Aid Bureau (http://www.lab.gov.sg/content/lab/en.html) if you qualify. Alternatively, you should write to the administrator to demand that distribution take place - please bear in mind that the administrator is not required to immediately distribute all assets."
My aunt lives in a nursing home. She is single. She has a house rented out to a tenant. She has bank accounts with several banks. She does not want to write a will. What happens to her assets if she dies?,"In the absence of a will, and on the assumption that she has no children, then the assets will go to her parents. If her parents have already passed away, then the assets will go to your aunt's brothers and sisters and children of deceased brothers or sisters of the intestate. Otherwise, the assets will go to her grandparents, then uncles/aunties, and failing all this, then the Government."
"Dear Legal Help, where can we obtain ""Letter of Adminstration"" at a lower cost ? Any goverment agencies we can seek ?You reply and assistance is greatly appreciate",You may want to approach the Legal Aid Bureau (www.lab.gov.sg).
"Must a letter of administration be issued in Singapore for a foreigner's family who passed away in Singapore? Family resides in India, can not travel. Do they have to be physically present in Singapore to handle his estate or can things be done oversea?",No. It can be issued overseas although they may then have to apply for registration of the foreign probate if the deceased's assets are in Singapore. They can appoint a representative to handle his estate in Singapore and need not be present themselves.
My mother is deceased. She has a personal bank account. How do I withdraw the balances?,"You can apply for probate or letters of administration and become appointed the executor of her estate. That will give you the legal right to withdraw the monies from the bank. Alternatively, you can write to the bank and inform them of your mother's passing. Depending on the amount involved, the bank may be prepared to release the monies to you (this would invariably involve you signing a letter of indemnity and to obtain the consent of your siblings (if any) and your father (if alive))."
Is there any free legal service that ffer help on estate matters pertaing to deceased assets. Thanks!,"Depending on your income level, you may want to consider approaching the Legal Aid Bureau."
"I intend to re-marry. Besides a Will to ensure my assets go to my son, what else can I do? Does my wife have any claims?","After you finalise your divorce with your present wife, the court will make ancillary orders dictating how your matrimonial assets are to be distributed. Therefore, depending on how the court rules, a part of your assets may go to your then ex-wife. Your ex-wife can also make claims for maintenance, further reducing your assets. But your remaining assets can be willed to your son."
Is there a time frame for the will executor to perform his/her duty?,"While there is no prescribed time frame, the executor should generally perform his or her duty in a reasonable time frame."
I worked under Employment Pass as an executive. The Board of Directors resolved to adjust my salary for new position but CEO didn't execute. Can I claim the company? How? My EP returned to MoM on July 2016. How many years for prescription?,"The Board of Directors is not compelled to provide an increment or promotion to the employees of the company, unless there was an agreement between the employee and the company to take on the new role."
Employee with more than 4500 salary but no managerial or executive functions also wont cover under employment act?My employment contract no where stated i am in magerial or executive level.Now they making issues to provide maternity leave.,"This would depend on the very nature of the job: professionals with specialised knowledge or skills with contracts similar to managers and executives are likewise not covered by the Employment Act. For more information, see: http://www.mom.gov.sg/employment-practices/employment-act/who-is-covered."
My company wants to make me redundant - I have been with them 10 years and offered the standard 6 month notice period but no extra 1 month per year employed as offered to others. Is this correct?,"It is statutorily provided in section 10(3)(d) of the Employment Act the notice to terminate the service of an employee shall not be less than 4 weeks' notice in writing if the employee has been so employed for 5 years or more. Absent any terms and/or conditions in the employment contract to the contrary, the company does not have a legal obligation to offer an addition 1 month notice period per year of employment as offered to others."
"I'm earning more than 4500$ pm, according to employment act, i'm not covered by the act, so then which Singapore law covered or act on me accordance with employment contract, i'm foreigner, please advice me. thank you","Your employment will be governed by the terms of your employment contract, interpreted in line with Singapore contract law."
i am working in a hotel as a front desk executive. i work 8 hours a day for 6 days per week. i got no lunch break and the hotel doe not pay me overtime. is this legal?,"Prima facie, this is in contravention with section 38 of the Employment Act, which prescribes the hours of work for an employee. Per section 38(1)(a), no employee is to work for more than 6 hours without a period of leisure, and as elaborated in proviso (i), a 45 minute break for meals has to be given even if the nature of the work requires it to be carried out continuously. Further, section 38(1)(b) states that an employee is only allowed to work for 44 hours a week, yet your total work hours has exceed that limit."
Can the employer dismiss anyone with a reason stating cultural misfit?,An employer may terminate an employee provided the terms of termination stipulated in the employment contract are adhered to. An employee may appeal to the Minister for Manpower to be reinstated in his former job if he feels that he has been wrongfully terminated.
My company forces employees to work more than 44 hours a week and no overtime  for the excess of 44 hours. Is the comoany act illegal ? If yed can i use it as breaching of contract and terminate the contract?,"It depends on whether the employees are covered by the Employment Act. If it is covered, then it would be a breach of the Employment Act, and a breach of contract. As to whether you can rely on this, it depends on the nature and extent of the breach, and the terms of the employment contract."
"Before April 2014, is one week of employment considered as Part-Time Employees under the act? If not, what is the implied minimum length of service required to be considered as Part-Time Employees?","It is not clear what Act you are referring to. Under the Employment Act, you are considered an employee regardless of your length of service, although you are only entitled to certain statutory protections if you work a minimum of 3 months."
Is it a crime in Singapore if I'm working for ABC retail company as the HR manager and I use XYZ recruitment company for its services. And I happened to own shares in XYZ recruitment company...so I'm actually using my position in ABC to commission,"Generally, no, unless your role in ABC company is of such a great importance that you are akin to being a director of the company."
Can I get a dependant pass to live in Singapore even without being married to my fianc???,"No, you may wish to refer to the following website for more details: http://www.mom.gov.sg/passes-and-permits/dependants-pass/eligibility"
As an employer do I need to pay for medical tests and x-rays apart from doctors fee under the Employment Act,"It would depend on the employee's circumstances, as well as the terms of his/her employment contract. Under the Employment Act, if an employee has worked for at least 3 months, the employer has to pay for the employee's medical consultation fees. The payment of additional medical services would depend on the terms of the employee's employment contract, or the company's collective agreement with its union."
My employer is asking me to sign a 2 year monetary bond which was never disclosed at the time of joining or during the interview process. The company is threatening that I will be fired if I do not sign the bond. Do i have any protection under the employm,"It depends on whether you are protected under the Employment Act and the terms of your contract. Generally, this is not permitted, but you should bear in mind that you will generally not have any recourse if your employer terminates your contract by giving you contractual notice."
"If a divorcee with 3 children is currently pregnant and not planning to marry the child father, will she be able to get the 4 months maternity leave and baby bonus?","Maternity leave depends on the policies of the employer - some employers are prepared to grant maternity leave even to single mothers. However, as a matter of law, the mother's entitlement to maternity leave (16 weeks under the CDSA) requires that the mother be lawfully married within 12 months of the child's birth. Hence, if that is not the case, then provided that the mother is not a managerial or executive position who earns a basic monthly salary of more than $4,500, she would only be entitled to 12 weeks maternity leave (8 weeks paid/4 weeks unpaid).She would not be entitled to baby bonus in any event as that requires that the mother be lawfully married."
is it legal to be told to be on stand by over time work on an off day? and if cannot work on d day to find someone to cover also must pay back on next off some more for us to find replacement if applying AL.,"It is not clear what your query is. Generally speaking, you are protected under the Employment Act in respect of the length of time that you are required to work only if you are either a workmen who receives less than S$4,500 a month as basic salary, or if your basic salary is less than S$2,000 a month. Apart from that, your working hours (and standby) are a matter of contract between you and your employer."
"I recently signed a 2 year contract with a company and I have only worked for a week but I want to terminate contract and the contract says I have to pay 3 month average salary and give 3 month notice if I want to quit within the 2 years, how Can I resign","These are terms stipulated in the contract and should therefore be complied with.The three month notice period means that you must give three months? notice of your intention to terminate the agreement, failing which you must pay three months? salary in lieu of notice. Note that this notice period applies for your employer as well  ? your employer needs to pay you the same amount to terminate your employment immediately as well. It may be possible to avoid paying the  ?three month average salary? sum if this term in the contract is deemed to be a penalty clause. A clause is an unenforceable penalty where it is not a genuine pre-estimate of loss. Otherwise, any sum payable in a contract that is a genuine pre-estimate of loss is not a penalty and is therefore enforceable. However, the payment stipulated in your contract (three months of salary) does not seem to be a penalty clause as it is likely a genuine pre-estimate of loss for the employer."
I have signed a agreement/employment bond for 1 year. Company requires me to pay sum back to them when nothing was investment in me in the first place. Is this enforceable?,"Was the sum stipulated in the contract? If so, it is possible to avoid paying if this term in the contract is deemed to be a penalty clause. Any sum payable in a contract that is a genuine pre-estimate of loss is not a penalty and is therefore enforceable. If there is a very large difference between the actual loss suffered by the company and the contractual sum, you may wish to consult a lawyer as the contractual term may be unenforceable as a penalty. If the sum was not stipulated in the contract, then the burden is on the company to prove that it had incurred a loss due to the breach of the contract."
I signed an employment contract with a company to render services to their client. It? s a one-year contract position. One of the clauses in the contract stated that I will be penalised a two-month salary if I terminate the contract prematurely. I? ve yet t,"It is possible to avoid paying if this term in the contract is deemed to be a penalty clause. A clause is an unenforceable penalty where it is not a genuine pre-estimate of loss. Otherwise, any sum payable in a contract that is a genuine pre-estimate of loss is not a penalty and must be paid. However, the payment stipulated in your contract (two months of salary) does not seem to be a penalty clause as it is likely a genuine pre-estimate of loss for the employer. As such, if you do wish to terminate your employment contract, you will likely have to pay the agreed sum."
"If the employer cannot allow an employee to fulfil notice period of resignation, due to access of sensitive company information, what should be done?","There are two main options. First, the employer can terminate the employment contract and pay the employee in lieu of the notice period. Second, the employer could assign the employee to do tasks that do not require access to such sensitive company information."
"I have signed a contract with the recruitment firm to pay a penalty if I dont work at least three months. Penalty is of my 1 month pay. As small tribunal court does not have Lawyers, will the agency be able to have a lawyer present them and sue me elsewhere","Lawyers are not allowed to represent any of the parties in Small Claims Tribunals proceedings. The recruitment firm therefore cannot be represented by a lawyer at the Hearing. The recruitment firm can be represented by a lawyer if it appeals against the decision made by the Small Claims Tribunal Registrar, Assistant Registrar or Referee who has heard the matter. The recruitment firm may only appeal against an order from the Small Claims Tribunal to the High Court in limited circumstances: on any ground involving a question of law; or on the ground that the claim was outside the jurisdiction of the Tribunal. It is unlikely that leave (permission) will be given to the recruitment firm to make such an appeal to the High Court.As regards the penalty of one month? s salary, it is possible to avoid paying if this term in the contract is deemed to be a penalty clause. A clause is an unenforceable penalty where it is not a genuine pre-estimate of loss. Otherwise, any sum payable in a contract that is a genuine pre-estimate of loss is not a penalty and must be paid. The payment stipulated in your contract (one month of salary) does not seem to be a penalty clause as it is likely a genuine pre-estimate of loss for the employer. As such, you will likely have to pay the agreed sum."
My contract ends on Sep 30th within 2 months notice period only to be submitted after Sep 30th. Am i able to buy out this 2 months notice period by compensating with my gross salary during this period and be free after Sep 30th?,"Potentially, termination without notice allows an employee to pay salary in lieu of giving notice. However, the exact sum you will need to pay depends on the exact terms of your employment contract. For more information, see http://www.mom.gov.sg/employment-practices/termination-of-employment/termination-without-notice for more information."
Contract states that Approved Overtime work is paid for any work done after 44working hours/week.If the contract start on a friday and i worked more than 9 hours/day[in excess of the normal hours of work] until sunday(But less than 44 hours).Am i entitled,"if the contract does not provide for the prorating of the 44 working hours/week limit, then you will likely not be entitled to overtime pay as you did not work more than 44 working hours in that week."
"Hi, at my previous employment, i was forced to clear all of my annual leaves (21 days) before being asked to leave the company. Upon resignation, the company demanded to recover money for the excess leave taken. ","Assuming that you only took the number of days of annual leave which is your contractual entitlement, it is likely that the company would be unable to recover money for excess leave taken. As such, you should refuse to pay the company or should demand your full salary, if they have deducted the amount from your salary."
"If contract stated cannot tender resignation till 30Jun and i resign with 2 months notice, last day 31 Jul, do i break bond n needs to compensate?","It depends on your specific employment contract. Most importantly, you should check if your contract provides for any remedies or damages if you were to tender resignation before 30th June. If not, then tendering resignation may mean the act of giving notice, and therefore you may be obligated under the contract to only give your 2 months' notice on 30th June, with your last day being 31st August. If this is the case, then you may have to work until 31st August or pay your employer an additional 1 month's salary in lieu of notice to terminate the contract on 31st July before the notice period has ended, as you have described."
Is it possible to terminate a 3yr employment contract without paying the stipulated (and unreasonably inflated) 3mth worth of salary as penalty fee? Is it legal to impose such large fines?,"It is possible to avoid paying if this term in the contract is deemed to be a penalty clause. Any sum payable in a contract that is a genuine pre-estimate of loss is not a penalty and enforceable. However, the payment stipulated in your contract (3 months of salary) does not seem to be a penalty clause in that it is likely considered as a genuine pre-estimate of loss for the employer, particularly since the employment contract is fairly long (3 years). As such, if you do wish to terminate your employment contract, you will likely have to pay the agreed sum."
"Am i liable for a job's non commencement penalty after i backed out from the offer 1 day after signing? The offer letter's approval is subjected to a security clearance, which i have not submitted documents for the clearance.","This will depend on the exact phrasing and terms used in the contract you have signed. If the monetary compensation stipulated in the contract is an extravagant amount, there is a possibility that the non-commencement clause will be held to be a penalty clause and made unenforceable. The Employment Act does not apply to the contract as you are not in an employer-employee relationship since you have not started work. Any claim against you from the workplace you have turned down will have to be a civil claim."
I have told my agency on the 4th day of training under probation period that i want to resign. She insists me to help her for a couple of days. And i helped her and after that she send me a letter for breaching contract. I have to pay a sum of money. Is i,"This would depend on the terms of the contract. If the contract stipulates that a sum is payable on your resignation, then you would have to fulfill your obligation to pay."
Need help urgently.My boss is threatening that if i were to leave my current job then 50k singapore dollars will have to be payable before the employment contract mature. We signed a contract and i did not receive a,"If the clause is stated in the contract which you agreed to, you have to perform your obligations under the contract. If $50,000 is the amount of money equivalent to the salary that you would have earned during the required notice period under the contract, then you may indeed have to pay such an amount if you choose to terminate the contract without waiting for the notice period to end. This is because you would need to pay the other party compensation in lieu of notice."
I have signed an employment contract that states that I have to stay in employment of the company for a certain period. However it is not written in the contract that there will be a penalty for breaking that. Can I resign before the stated period withou,"You may resign at anytime. However, you need to give advanced notice of your intention to terminate the employment to your employer. The notice period should be according to you employment contract, or verbal agreement. If it is not mentioned in your employment contract, you can refer to the Ministry of Manpower's website for more information on how much advanced notice should be given (http://www.mom.gov.sg/employment-practices/termination-of-employment/termination-with-notice). Alternatively, you may also terminate the contract without notice. You would then have to pay compensation in lieu of notice, or a ""notice pay"" (which is the money equivalent to the salary that you would have earned during the required notice period).If your contract does not require you to pay for monetary compensation (in addition to the notice pay) for terminating a contract before the specified period, then it is unlikely that you would have to pay money for resigning before the stated period apart from the notice pay if you terminate without notice."
"Hi, a recruitment agency informd me a day before starting new job that my role was made redundent. What recourse do i have? The role made me relocate back to Singapore","Your agreement with the recruitment agency will be governed by the contract that you have with them when they offer you the job. To understand your rights (and recourse), you will need to review the contract and demonstrate that the contract was breached. If so, you can then claim the damages 9e.g. cost of relocation) from the recruitment agency."
I signed for a domestic helper withiut being informed that she had seen a doctor 2 days prior for cough. 3rd day with me she was down with Severe Pneumonia which require Medical attention amounting to 26000K. I am seeking advice as i am at my wit ends.,A possible remedy could be to vitiate the contract on the grounds of misrepresentation by the agency for failing to disclose the domestic helper's physical condition at the time of contract.
I am resigning from my company. They paid portion of my course fee. I wanted to pay back the same amount. However they asked me to pay the full course fee instead as bond penalty. Is it legal? I was not told of this penalty verbally before hand and there,This is a matter of contract and the company is only entitled to do so should there be a clause of the contract which empowers them to do so.
My notice period is 2 months and i would like to shorten my notice period to one month. can my Company file any legal action against me if i offered to compensate my Company the one month if i were to shorten my notice period,"Unlikely so, as it is legal to terminate your contract without waiting for the expiry of the notice period as long as you compensate your company the amount of salary at the gross rate of pay which you would have accrued during the period of notice."
"Is non-hiring clause in Non-compete still valid, if they delayed salary by 30 days?",Yes because the contract is not void.
"If my monthly gross pay is made up of basic pay + daily regular OT, and I resign without serving the full notice period of 12 weeks, is my ex-employer entitled to claim against me for the 12 weeks of gross pay or only 12 weeks of basic pay?",Your employer is entitled to claim the 12 weeks of gross pay.
"I have signed a 2 years bond employment contract but left in 2 weeks and by contract it states that one completed month I? m required to compensate $9k for  ?staff costs and training fees? , however I have only served 2 weeks without completing my training,","It is a liquidated damage. The clause that stipulates that you are required to pay 9K is enforceable only if the amount is the actual amount of loss or reasonable estimation. If the 9K of ""staff costs and training fees"" are far below actual loss or loss that is reasonably estimated, the clause is considered penalty clause, and thus unenforceable."
"Employer gives a list of offences and fine amount for employees to sign. It ranges from being late to work to several minor things, thus it is really easy to get fined and add up way over the salary deduction limit according to MOM. Is it legal for the c","Penalty clause is not permitted to be included in contracts under Singapore common law. If the amount is not an actual damage to the company or reasonable estimate of the damage, the clause is not enforceable."
"Without China working permit & signed an employment contract with China, then decided not to go, is this contract still effective? Do I need to pay penalty?",It is likely that the contract still retains its effectiveness from before you decided not to go. Whether you need to pay a penalty depends on the terms of the contract you signed.
"I am terminated by my company. on the last day of employment, I have destroyed some of the material I have prepared in advance for future works. What trouble would I get into? What is the punishment I would get if reported to the police?","This would depend on the terms of your employment contract. If the contract states that the material prepared by you is the company's property, your act would be akin to destroying company property. If the material you prepared is IP-related, the general rule is that such material is also owned by the company if you were hired to produce such material and it was done in the course of your employment. The relevant punishment should be laid out in your contract as well"
My brother is a hairstylist and his previous employment contract stated that he cannot work with a competitor within 10km of the ex-company. Is this legally binding?,"Whether a restrictive covenant is binding is dependent on a large number of factors, with some of the most important being the length of time, geographical area, and scope of activities limited. At the end of the day, the restrictive covenant may be enforceable where it is legitimately for the protection of an interest, and where it is reasonable given the circumstances. Where the restrictive covenant does not have a set time limit, the court may either strike down the covenant as unreasonable, or potentially impose a time limitation that is deemed to be reasonable in the circumstances."
terminating my bond contract but contract states that compensation is full course fees + 4 months salary (with or without notice). company only paid 30% of course fees as it was subsidized by WDA. what is the reasonable amount that i should repay for term,"The amount that you will be required to repay is based on your contract - hence, unless the contractual term is viewed as a penalty, you will be required to repay the full amount. If the clause is unenforceable, then they can only claim their loss."
I am an unmarried woman who had an affair with another woman who was my subordinate married with kids. Her husband found and complained. I was terminated for misconduct though it was mutual. Is that justified? Also no action was taken against her.,This depends on the terms of your contract and your company's policies. It is common for many companies to terminate their employees if they have an affair with their subordinates and this is viewed as an abuse of power. It is also common for no action to be taken against the subordinate as they are not abusing their power.
"I signed an employment acceptance letter with a job agency. The words ""bleaching this term"" are used instead of ""breaching this term"". Is this employment acceptance letter still enforceable? Am I liable to pay any fee to the agency ?",Yes.
"On turning 62 years in Jun 2016, my employer did not discuss with me on rehiring. Two months later they terminated me citing restructuring and did not pay me compensation.",We suggest that you make a representation to the Minister. This must be done no later than one month after the last date of your employment. Please see http://www.mom.gov.sg/employment-practices/retirement for more details.
"in my employment contract, it states (exact wording) must provide 2 months advance notice and penalty charges of one month's salary are the penalty charges enforceable?",The penalty charges are only unenforceable if it stipulates an excessive amount of money to be paid upon the breach of the employment contract. This then depends on what work you are doing to asses the proportionality. It does not seem that the clause is a penalty clause in this case however.
"I'm still working as a Production Manager with 5.6k monthly salary. Salaries are never on time and now nearly 16k outstanding, all our employees facing this because of company financial problem. Can I go to MOM or what are other options do I have?","You will not be considered an employee for the purpose of the Employment Act. However, you can still go to the MOM for assistance, although if all the employees are facing the same problem, then you should go as a group. Alternatively, you can make a civil claim against the employer."
Can my employer state on my employment contract that i should bear both employer and employee CPF? Is this enforceable?,"While this depends on how the clause is drafted, it is generally not enforceable as the employer's portion is to be borne by the employer."
My employee has lost an equipment that cost $4500. He is a low salaried worker and does not want to pay for the loss. Is there any recourse for the employer? By the way he has tendered his resignation.,"The main recourse is to take legal action against the employee. However, if he is low salaried, then there may not be even effective recourse since you may not be able to recover any damages from him."
Contract states that Approved Overtime work is paid for any work done after 44working hours/week.If the contract start on a friday and i worked more than 9 hours/day[in excess of the normal hours of work] until sunday(But less than 44 hours).Am i entitled,"if the contract does not provide for the prorating of the 44 working hours/week limit, then you will likely not be entitled to overtime pay as you did not work more than 44 working hours in that week."
"At my previous employment, i was forced to clear all of my annual leaves (21 days) before being asked to leave the company. Upon resignation, the company demanded to recover money for the excess leave taken. I feel that it is very unfair and I wonder","Assuming that you only took the number of days of annual leave which is your contractual entitlement, it is likely that the company would be unable to recover money for excess leave taken. As such, you should refuse to pay the company or should demand your full salary, if they have deducted the amount from your salary."
"If contract stated cannot tender resignation till 30Jun and i resign with 2 months notice, last day 31 Jul, do i break bond n needs to compensate?","It depends on your specific employment contract. Most importantly, you should check if your contract provides for any remedies or damages if you were to tender resignation before 30th June. If not, then tendering resignation may mean the act of giving notice, and therefore you may be obligated under the contract to only give your 2 months' notice on 30th June, with your last day being 31st August. If this is the case, then you may have to work until 31st August or pay your employer an additional 1 month's salary in lieu of notice to terminate the contract on 31st July before the notice period has ended, as you have described."
Is it possible to terminate a 3yr employment contract without paying the stipulated and unreasonably inflated 3 month worth of salary as penalty fee? Is it legal to impose such large fines?,"It is possible to avoid paying if this term in the contract is deemed to be a penalty clause. Any sum payable in a contract that is a genuine pre-estimate of loss is not a penalty and enforceable. However, the payment stipulated in your contract (3 months of salary) does not seem to be a penalty clause in that it is likely considered as a genuine pre-estimate of loss for the employer, particularly since the employment contract is fairly long (3 years). As such, if you do wish to terminate your employment contract, you will likely have to pay the agreed sum."
"Am i liable for a job's non commencement penalty after i backed out from the offer 1 day after signing? The offer letter's approval is subjected to a security clearance, which i have not submitted documents for the clearance.","This will depend on the exact phrasing and terms used in the contract you have signed. If the monetary compensation stipulated in the contract is an extravagant amount, there is a possibility that the non-commencement clause will be held to be a penalty clause and made unenforceable. The Employment Act does not apply to the contract as you are not in an employer-employee relationship since you have not started work. Any claim against you from the workplace you have turned down will have to be a civil claim."
I have told my agency on the 4th day of training under probation period that i want to resign. She insists me to help her for a couple of days. And i helped her and after that she send me a letter for breaching contract. I have to pay a sum of money. Is i,"This would depend on the terms of the contract. If the contract stipulates that a sum is payable on your resignation, then you would have to fulfill your obligation to pay."
Need help urgently.My boss is threatening that if i were to leave my current job then 50k singapore dollars will have to be payable before the employment contract mature. We signed a contract and i did not receive a,"If the clause is stated in the contract which you agreed to, you have to perform your obligations under the contract. If $50,000 is the amount of money equivalent to the salary that you would have earned during the required notice period under the contract, then you may indeed have to pay such an amount if you choose to terminate the contract without waiting for the notice period to end. This is because you would need to pay the other party compensation in lieu of notice."
I have signed an employment contract that states that I have to stay in employment of the company for a certain period. However it is not written in the contract that there will be a penalty for breaking that. Can I resign before the stated period withou,"You may resign at anytime. However, you need to give advanced notice of your intention to terminate the employment to your employer. The notice period should be according to you employment contract, or verbal agreement. If it is not mentioned in your employment contract, you can refer to the Ministry of Manpower's website for more information on how much advanced notice should be given (http://www.mom.gov.sg/employment-practices/termination-of-employment/termination-with-notice). Alternatively, you may also terminate the contract without notice. You would then have to pay compensation in lieu of notice, or a ""notice pay"" (which is the money equivalent to the salary that you would have earned during the required notice period).If your contract does not require you to pay for monetary compensation (in addition to the notice pay) for terminating a contract before the specified period, then it is unlikely that you would have to pay money for resigning before the stated period apart from the notice pay if you terminate without notice."
"Hi, a recruitment agency informd me a day before starting new job that my role was made redundent. What recourse do i have? The role made me relocate back to Singapore","Your agreement with the recruitment agency will be governed by the contract that you have with them when they offer you the job. To understand your rights (and recourse), you will need to review the contract and demonstrate that the contract was breached. If so, you can then claim the damages 9e.g. cost of relocation) from the recruitment agency."
Can my employer dismiss my employment if I refuse to work overtime when asked?,"This depends on the circumstances of your employment (such as your position, etc), the nature of your employment contract, etc. If your case falls under the Employment Act, you may have a case for unfair dismissal depending on your situation. Please see http://www.mom.gov.sg/employment-practices/disputes-and-claims/Pages/lodge-claim-complaint.aspx"
I am demoted in my firm without formal notice. Does it constitute a dismissal and do I have the right to seek redress?,A demotion may not constitute a dismissal if you are still employed.
"Signed a job's offer, but after gg thru their others docs, I can't agree, wish to withdraw. Job Agt ask me to compensate","A contract, once signed, is legally binding. Employment contracts may legitimately ask for compensation if the applicant does not follow through. In such cases, it is likely that you will have to compensate, although this ultimately depends on the specific contents of your contract."
"In the context of signing a scholarship deed, is a letter of undertaking legally binding? Before I signed the contract, I signed a letter of undertaking and thus decided against signing the contract. The company now wants me to compensate them for ad","This depends on the nature of the 'letter of undertaking'. Some documents signed before the formal contract are expressly 'subject to contract'. In such cases, those documents do not bind both parties formally. It therefore depends on what your 'letter of undertaking' is."
Is employer allow to auto-offset employee's salary for the subsidised course fee for a 12 month training program?,"If you (assuming you are the employee) agreed to attend a paid training programme, you have a contractual obligation to pay the training fees. The terms of the training programme agreement may provide for contractual set-off, where your employer may pay your salary net of the your training fees. Even if the contract does not explicitly provide for set-off, based on the doctrine of equitable set-off, your employer? s obligation to pay your salary may be set-off against your training fees. Where equitable set-off is concerned, both debts must be due and payable. This means that your employer can only set-off your salary when it is time for you to pay the training fees. An additional requirement is that both debts must be mutual. This requirement is fulfilled in your situation."
"Hi, I have not been paid 5 months of salary from my employer. I am a cook working in a restaurant in Sg, and I am supposed to be paid 2.5k a month. My employer has not been paying for CPF as well and he has been summoned to court for this issue. However,","Since your claim amount is below the limit for the Tripartite Alliance for Dispute Management (""TADM""), you can file a salary claim with the TADM. You will likely have to go through mediation with your employer before your claim can be heard at the Employment Claims Tribunals.For more information:??http://www.mom.gov.sg/employment-practices/managing-employment-disputes"
"I was terminated due to a change in organization goals and focus, since they now require someone with different skillset to do the job. When I rejected the 'Termination', HR initiated that I resign. What do I do?","Employers have the discretion to dismiss any employee, provided that the terms of termination stipulated in the employment contract are adhered to. An aggrieved employee may wish to appeal to the Ministry of Manpower for unfair dismissal."
Can employer refuse paying overtime allowance or collect back overtime allowance paid?,"It depends on what was agreed upon in the employment contract. For more information, please visit http://www.mom.gov.sg/employment-practices"
"My wife had an IVF procedure and was given hospitalization leave. Her employer refuses to recognize it and mentioned her absence will be treated as no-pay leave instead. This exclusion was not mentioned in her employment contract, does she have any legal","That is unlikely to be allowed under the Employment Act. However, it must be noted that the Act does not cover certain classes of people (e.g. persons employed in a managerial/executive position earning $4,500 or more a month)."
Company have ended the contact before expiry as l have tender my termination after serious argument that was asked to quit so can l claim the losses?,"This would depend on what is provided in your employment contract with the company, and how the incident occured."
"my employer did not pay me OT and I understand if I am an executive I am not protected but I am actually just a salesman selling computers. So am I able to claim the company? I work from 11am - 9pm with 2 breaks total 1.5 hours, and have to work alter",It depends on whether you fall under the protection of the Employment Act and the amount of income that you receive.
"I am a project manager in a startup. But now, they are telling the salary for this month will be delayed by 1-2 weeks. Isnt it illegal to pay salary later than 7th of each month? What action can I take if they dont pay me my salary by 7th? please help. th","It is a breach of contract not to pay you your salary on the contractual date. If you are covered by the Employment Act (i.e. your salary does not exceed S$4,500), then it would also be a regulatory offence. If they fail to pay you your salary, you can make a complaint to the MOM or you can commence a claim against your employer."
"Is there any protection for Whistleblowers in Singapore? Raised COI issues concerning some Management Staff. Company indicated that they do not want to pursue matter. 3 months later, company taking actions to terminate me by indicating that they no longer","There is no legislation explicitly providing protection for whistleblowers. However, where the company is attempting to terminate your employment, you may be able to appeal to the MOM for unfair dismissal: see http://www.mom.gov.sg/employment-practices/termination-of-employment/unfair-dismissal for more information."
company do not allow i claim my medical and claim is prolong term therefore not cover amd they make mistake to allow me claim for past 1 year plus. how come other staff who took same medication is cover?,The provision of medical claims may be because of the contract that you signed with your company. You should check on the terms of your employment contract.
A few of my friends work at a cafe and they've been laid off with only 15 days notice. The Cafe is closing down. What recourse do they have?,"If the Caf?? is closing down, then they are likely to have little recourse as the Caf?? may not have any real assets to repay them. This is on the assumption that the Caf?? is held and operated by a company (as opposed to a sole proprietor) as the shareholder/directors are unlikely to be liable in such a situation."
"I ws sacked frm a job, I hv filed claims, non payment of salary in lieu of notice, PHs wid labour court, Director is denying to pay after 2 inquiry sessions, nw d case hs been scheduled fr hearing, hw many hearings wil it take? I hv claimd abt 6k he hs co","The number of hearings depends on the complexity of the case and the specific issues raised. If the matter is straightforward, it can be resolved at a single formal hearing."
I believe I was wrongfully dismissed by my employer. Is it advsable to obtain a legal letter to inform them that I will be taking this case to MOM?,There is no specific need to obtain the legal letter before you take the case to MOM.
Can i take legal action against my employer who retrenched me saying that my position has become redundant due to an acquisition. But now i find that they wanted to retain an EP holder from the acquired organisation (due to personal favor) and hence retre,"It will be difficult for you to take action - if you have been validly retrenched, then the fact that they have decided to replace your position does not create a cause of action. However, you may want to approach MOM for assistance."
"As a contractor, my main con owes us est.28k job done 4 months ago, but refuse to pay and also refuse to answer phone calls and respond to our email.can i go for small claim for this amount. we have also issue a letter of demand but still no re","No. The Small Claim Tribunal can only hear claims of less than 20k and if your contract is an employment contract, the Small Claims Tribunal does not have the jurisdiction to hear claims regarding employment matters."
Where to seek advice on current potential unfair and bias treatment at work,"It depends on what you mean by ""current potential unfair and bias treatment at work"". For employment-related matters, you may approach Ministry of Manpower for advice."
"I'm working for security company. My company force me to work for six days, more than 12 hours each day. As I know the company got no rights to force us work ot involuntarily. Is it possible to sue the company for forcing us work against our will?","You cannot work more than 48 hours per week. Where an employee works 12 hour shifts, they should average 44 hours in a continuous 3-week period (unless you are not a shift worker and you have given your consent in writing for the special arrangement required). Furthermore, in a single month, overtime (OT) should not exceed 72 hours. The company is obliged to apply to the Ministry of Manpower for special permission to exceed 72 hours of OT a month. Please contact the Ministry of Manpower for further clarification."
i did not get my salary what can i do ?,You can commence a claim against your employer. You can also seek the assistance of MOM.
"I have not received CPF contributions from my employer since Dec'15, and salaries are never on time. They have cited reasons such as corporate account not being set up etc. What can i do?",Yes - they are statutorily obliged to make payment of your CPF contributions.
I am in a non-managerial position but my salary is above 4500. My employer hasn't paid my last month's salary. Is my case covered by MOM? what are my options?,You will be covered if you are not a manager or an executive.
Can my employer terminate my employment without any notice pay and without notice since I'm under probation?,"It depends on your contract, your salary and the amount of time you have worked for them. If the Employment Act applies, please refer to this website http://www.mom.gov.sg/employment-practices/termination-of-employment/termination-with-notice"
I signed an employment letter with a new employer but they rescinded the offer subsequently. Can I ask for compensation?,Yes - this would be limited to the notice period at best.
"If my employer's company fails, is the owner of the company still obligated to pay me what they owe me?","This depends on the contract of employment, but generally the answer is no."
How can I seek legal course to get ex-employer to pay the remaining reimbursement claims (incurred in the course of performing my duties) that are outstanding since the day I left the Company (it's been 11 months now),You can commence a claim in the State Courts for a breach of contract (on the assumption that they are contractually required to reimburse you).
"My boss at hawker has not paid me CPF since employment. I've no employment proof or payslip, what are my chances of recovery?",You should approach MOM for assistance. The absence of a payslip is not fatal.
"Hi, my employer is not paying salary to the middle management, is that any way we can pursue the matter? It has been 2 weeks due. Sadly we are not cover by the MOM because the salary package has exceeded the amount.","If you are not covered by MOM, then you would have to commence an action in the Courts."
I was fired abruptly a day after I appld to clear my leave. Thr ws no argmnt or miscndct that preceded the act. My super and HR are based overseas and hv refused to expln the act. I suspct ths ws dn on a whim and/or cold fin calc. I hv suffrd fin and rep,"Depending on whether you can within the Employment Act, you could consider filing a complaint with the MOM for unfair dismissal or suing them to such effect."
"If the redeployed job still provides for the same pay and benefits but is not to the liking of the worker, can the worker turn down the new position and expect retrenchment benefit?","You are generally bound by the agreement you reached with your employer, hence whether you can turn down the new position will depend on the exact agreement reached."
My employer engages in illegal manpower practices e.g phantom workers. Will I be offered whistleblower protection if I report him?,You may wish to contact the Ministry of Manpower at the link below for more information: http://www.mom.gov.sg/contact-us/Pages/report-to-us.aspx
non payment of pro rata 1 mth bonus & 9 mths over due sales commission.Can boss use excuses that due counter claims holding payment?,"If your boss uses a mere excuse, then he cannot do so. However, if there is some basis, then he may be able to withhold payment. This depends on the specific reason for his action. Further if you are covered by the Employment Act, (see http://www.mom.gov.sg/employment-practices/employment-rights-conditions/salary/Pages/default.aspx), then your boss' right to do so is limited."
"I fell in Aug 2013 and fractured my left kneecap while attending training. MOM claimed that as I was on my way home, I cannot claim that I was injured in the course of my work. I was retrenched by company in Dec 2013. Is there a way for me to seek medi","There are two options. First, under the Work Place Compensation regime, compensation is payable (regardless of fault) when an employee suffered an injury by an accident arising out of and in the course of employment. It is unclear from your question whether you fell while you were attending the training or while you were on your way home. However, under the Work Place Compensation regime, you will not be entitled to compensation if you suffered the injury while you were travelling to and fro between home and workplace (unless this is on the Company provided transport). Further, you must make this claim within 1 year of your accident. Second, if Work Place Compensation is not available (or if you choose not to rely on it), then you may have to elect to sue but it is unclear from your query whether you have any basis since it is not clear how you fell."
"How do I fight my case against a MNC bank for unfair treatement & wrong dismissal. They are not giving the reason for termination as they are not bound as per contract, MOM will not help as my salary is > than 4500 SGD, i'm not part of any wor",You may have to engage a lawyer and sue them in court.
"I have been terminated without cause by the company in early Jan after coming back from hospitalization leave which ends in 18 Dec. Is there a ground to fight for termination "" without just cause or excuse""?","This depends on the terms of your employment contract. However, if you have been terminated pursuant to the contractual notice clause, it may be difficult for you to successfully object since most employment contracts do not require ""just cause or excuse"" in order for the employer to terminate you by notice. However, if you have been summarily terminated, then you may have a case."
"Incorrect commissions was paid for 2013, and now in 2014. is there a legal case that can be taken up against the company? The employment contract does state that the commission payable is to the discretion of the company, does this mean i have no case?",The terms of payment are a matter of contract. This depends on the exact wording of the employment contract. The mere fact that the payment was incorrectly made in 2013 does not bar you from making a claim in 2014.
In desperate help: I was dismissed from work due to my pregnancy. I have secretly recorded the conversation between the company and I on the day they asked me to leave. This pc of evidence is crucial. Is it legal and admissable in court?,Yes.
Client dismisses me but agency says I need to pay one months salary to agency. Is this legal in employment law? I am under agency employment outsourced IT. Will legal fees end up higher than my salary.,"This is a matter of contract - you will need to look at the terms of your contract with the agency. Even if provided, such a term may potentially be void as a penalty."
"On share TRANSFER sheet said ""FULLY PAID"" but am paid by instalment x12 on a separate sheet. What are my right if I sign the TRANSFER sheet to him. Can I put ""BY 12 INSTALLMENT""? Then what is my right?","It would not be ideal for you to sign a document that does not reflect the true legal position. You can insert whatever qualifiers you choose, subject to agreement with the buyer. If you do sign the share transfer form on the basis that it is fully paid, then you may have difficulties in the future proving that you have not been paid."
employees entitle to earn bonus if employed in the company at the time of payment & without having submitted a notice of termination. Do employer seek employee to return bonus if paid on 25 mar & she tender on 26 mar?,"The employee's entitlement to bonus is a matter of contract. Depending on the specific terms of the bonus, the employer may be able to seek recovery."
"Could I know if my employment contract with my current employer is considered breached if I do not receive my last month's salary in full after the 7th day of this month? In this case, could I leave the company immediately without serving the notice p","The question of breach depends on the specific terms of your contract. If the contract provides for payment to be made on the 7th, then it would be a breach. The fact that your contract has been breached would entitle you to damages. Whether it allows you to terminate the agreement is a separate issue. If the notice period is one month, then you would effectively be able to set off the monies owed to you against the notice period in any event. But this is separate from a termination of the agreement."
"Can we be sued to bankruptcy if we formed a Limited Liability Partnership, but closed it down, with outstanding debts","The partners of a limited liability partnership are generally not liable for the debts of the LLP or the other partners. However, they would be liable for their own debts and liabilities. Hence, if the debts belong to the LLP, then the partners cannot be sued for them."
"Can I serve legal demand letter, writ of summon, etc followed by filing a bankruptcy on someone who owed more than $15k without IOU, only with records of smses and bank transfer proof?","You can do so. However, it is a question of fact as to whether this is sufficient for you to convince the Court that the defendant does owe you the monies. The IOU is not required."
"If an undischarged bankrupt leaves the country without permission from the OA, will he be prevented from leaving at the immigration checkpoint or will he only be apprehended upon his return?","Regardless of when the offender is convicted, upon conviction for failing to comply with section 131(1)(b) of the Bankruptcy Act, the offender will be liable for a fine not exceeding $10,000 or imprisonment for a term not exceeding 2 years or both."
Hi ! I am planning to self declare as bankruptcy.I am a sole proprietor. Does it make any difference to close my company before submission ? I also have a joint unsecure facility with the bank. How is it affecting the joint applicant ?,"It would not make a difference whether you close your sole proprietorship since you are directly liable for any losses. As for the joint facility, this depends on the terms of the facility. Generally, the joint applicant would be liable for all outstanding amounts but please look at your terms."
Can I (as guarantor) set statutory demand for bankruptcy aside when debtor is negotiating with creditor on repayment?,No.
"Must someone attend his bankruptcy order hearing if he do not intend to oppose the application from the Plaintiffs ? If he do not attend since there are no ground to oppose it, will it be an offend or it is alright?",There is no need to attend if you are not objecting although you may find it useful to attend as information will be provided to you as to what you will need to do as a bankrupt - there are various information/matters that you need to provide to the OA and that may constitute an offence if you fail to do so.
"in a bankruptcy petition, can the defendant successfully object to exorbitant interest rates charged (25-30% pa)?",You may be able to do so but this depends on who your creditor is and whether there are any offences committed (e.g. illegal money lending etc).
"In Singapore, if someone is declared bankcrupt, can he or she extend their PR?","A Permanent Resident status is permanent. However, his or her Re-Entry Permit may not be renewed if the bankruptcy status affects his or her ability to find employment."
"Prior to filing Bankruptcy, will it make sense to pay up outstanding instalments (2 months) to avoid a force-sell on my HDB by Bank?","Assuming that you will be unable to fully service the housing loan from the bank, it is likely that the bank would eventually apply to the court to order a sale of the HDB flat, even if you pay the instalments that are outstanding at the moment."
"A bankrupted family member got fined under the bankruptcy act for leaving singapore without permission of official assignee. What is the consequences if we are unable to pay the fine? Can a family member loan the sum of money to the bankrupt, with an IOU?","Failure to pay a fine under the Bankruptcy Act may result in imprisonment. A bankrupt is not allowed to obtain credit of $1,000 or more without revealing his bankruptcy status. However, he can get small personal loans and repay them."
"If I declare bankrupt, and my wife is waiting for her citizenship ceremony,to take her pink IC on hand.she already had a Singapore passport but she only got a temporary slip to prove that she has a Singapore IC. Will my declaration of bankrupt affect her","It is unlikely that your financial status would affect your wife's citizenship. Furthermore, from your description of the events, the citizenship ceremony would be a mere formality to your wife's citizenship rather than a necessary step. Therefore, your wife is already a Singaporean. However, if her application for citizenship had contained a false declaration of your financial status, it could affect her citizenship status."
my spouse is in credit card debts and cannot pay up. She is a Private Hire Grab driver and we set up a Partnership company with the only asset in the partnership being the car. Will creditors possess the car in this instance if she is made a bankrupt?,"It is unclear if you have formed a partnership or company (e.g. Private Limited). Assuming that it is a partnership, in general, partnership is not a separate legal entity and the car possess by a partnership generally belongs to the partners and thus, considered an asset of your spouse that is subject to claims from her creditors."
Is there any restriction for undischarged SPR to withdraw CPF after renounce Permanent Resident Status?,It is possible to withdraw your CPF in full if you are not a Singaporean citizen/PR and are about to leave or have left Singapore and West Malaysia permanently with no intention of returning to either country for employment or residence.
"If I am declared bankrupt, will I be forced to sell the joint HDB flat? How will my family be affected?","If you or any of the joint owners of the HDB flat are Singaporean citizens, you will not be required to sell the joint HDB flat under s 51(5) of the Housing and Development Act. However, this is subject to certain exceptions, such as where the mortgage payments on the house are still outstanding, or the Housing Development Board compulsorily acquires the property. See http://www.hdb.gov.sg/cs/infoweb/business/estate-agents--salespersons/selling-a-flat/bankruptcy-divorce-or-death-undone-page for more information."
I self declared and was adjudged bankrupt on 28/1/16 after I lost my job in Jul 15. Bank now want to take back the mortgage loan but I have been paying instalment on time without fail. Can the bank still force me out.,"This could depend on the terms of the mortgage loan. If your mortgage agreement provides for the Bank being able to call upon the security upon your bankruptcy, they may be able to do so."
"If my spouse is sued bankrupt, will we be forced to sell a jointly owned private property? If I contribute more to the payment of the property, when the property went into force sales, how would the sales proceeds be distributed?",This depends on the facts. It is possible that the OA may decide to sell your spouse's share of the property. The proceeds should be divided based on your interest in the property - you may have to prove to the Court's or OA's satisfaction your share of the property.
"Will ICA allow me to renounce by Singapore PR even if I am an un-discharged bankrupt? If yes, will CPF allow me to draw my CPF monies and to use CPF monies to pay off outstanding liabilities from bankruptcy and any balance from IRAS?","You will be allowed to do so. However, do bear in mind that you will be required to leave Singapore permanently."
My husband has incurred debt in China. Is the lawyer in China able to demand his legal wife to sell her property in Singapore to pay his debt?,"This is unlikely but depends on Chinese law, which we are unable to advise on."
"Is the insurance payout of life policy (if death/disability/illness) protected from creditor? If a bankrupt receives half of property as an estate when his parent pass away, will he be forced to sell his 50% share to pay creditor?","On the assumption that the insurance policy names a beneficiary, then the proceeds will belong to the beneficiary, and it will be protected from the insured's creditors. In your query, the bankrupt will have possession of the half. The OA will decide how to deal with the 50% share and it may not compel the bankrupt to sell the 50% share. Further, it is difficult, if not impossible, to sell a 50% share in any property as a matter of practical enforcement."
Bank is suing my husband Chapter 20 Section 64.Will there be any if he declare bankrupt before the other party act ? where can we get a bankruptcy attorney?,"It is not clear what you are asking. If you are asking whether there will be any benefit in your husband self-petitioning for bankruptcy, then this depends on the specific facts. However, there is generally no difference in treatment between bankrupts who were applied for bankruptcy themselves and those who are bankrupted by creditors. You may wish to approach the law society of Singapore for a list of lawyers."
I am a undischarged insolvent person for almost 3 years. 2 Money Lender Companies just put up claims against me for an amount which is so absorbadent. I would have thought they can only claim during a speculated period?,"You should refer to the OA for their guidance. If the debts pre-date your bankruptcy, and if they failed to file a proof of debt, then their claim may be barred."
I am a discharged bankrupt since 2014. Do I have to engage a lawyer to clear my record earlier from the Credit Bureaus if I cannot wait for 5 years for their auto deletion.,You may wish to lodge the Order of Discharge / Certificate of Discharge with the credit bureaus.
I went to a bank for opening a new saving account but was rejected. They need my bankruptcy discharge confirmation letter. How do I check whether am l discharge and how can I get this discharge letter? FYI: My bankruptcy is 17 years ago and if I rem,"A discharge does not take place automatically. Nonetheless, given the time passed since the bankruptcy order and the present, you are likely to be able to apply for a discharge certificate from the Official Assignee under s 125 of the Bankruptcy Act (Cap 20)."
I have been discharge from bankcrupt but one of my creditor during my bankcruptcy period didnt file a claim. And now the creditor is claming from me for payment after i have been discharge. Do i liable to pay them?,"Generally, if the debt was provable in the bankruptcy but the creditor did not lodge a proof of debt, the discharge would provide an answer and you would no longer be liable. However, there are various exceptions such as if the creditor is the Government, if the debt arises out of fraud, breach of trust, negligence, nuisance, or damages from personal injuries."
"HDB loan (after sale) include in debt list. After discharge from bankruptcy, do we need to settle debt to HDB?","We assume that you mortgaged your HDB flat to the HDB to secure the HDB loan. If so, the discharge will not affect the right of the HDB to recover under its security for payment of the debt. Effectively, you will need to settle the debt or they can look to your flat for repayment."
"I have been a bankrupt for 8 yrs. OA asked me to seek 3rd party help with lump sum to review discharge from bankruptcy. After 2 yrs, OA still reviewing & now OA wants to refund money back to 3rd party, pls advise what OA actually wants to do? pls advi","It is not clear from your question what the situation is. However, it appears that the OA does not intend to support your discharge from bankruptcy. You may wish to independently consider making a proposal to the Court for the discharge."
"I have a joint bank account with my ex-fiancee. The account is on a two to sign arrangement. However, there has been dispute on the split of the money. Should this go legal, may I understand how will the split of the money in the account be like?","You should look at the terms and conditions of the joint bank account, as it would generally provide for the procedure on termination and the split of the balance amount."
Facing in issue here. Broke up with my ex 2years ago. Lately she contacted me back asking that she wants back all her stuff that she moved into my home. But ive already dumb all her stuff and she insist she would make a police report,"The legal issue is whether she has abandoned her movable property (legally termed as her chattels) in your possession. The High Court in Wong Seng Kwan v PP held that  ?the circumstances surrounding the discarding of chattels should raise the irresistible inference that the original owners had clearly abandoned them  ? both possession and ownership? . It must be the  ?clearest of cases? that the original owner has  ?a specific and unequivocal intention? to abandon the property in question. In your situation, the most relevant factors likely are the nature of the items and the value of the items. If the items were of low monetary value and your ex-girlfriend has not shown any intention to reclaim them, then likely she would be considered to have abandoned the items. The two years between the break-up and her request would likely add to your case, assuming that she has not contacted you during the past two years regarding her items."
"My partner bought a condo under her name. She paid for the deposit, renovation fee & new furniture. She would like me to pay half of the loan together with her. What should I do to protect my benefit if there is anything happen in the future?","Ideally, you should ask to hold the condominium unit as joint tenants, or as tenants in common."
If a property is under joint name (Husband and Wife) and if one pass away then does it mean that the property will be fully owned by the surviving party?,"Assuming that the property is held as a joint tenancy, where there is no restriction on the rights to the property by one of the parties, the legal title will pass fully to the other party. However, it must also be determined if the parties have acted such as to sever the joint tenancy, or if the parties hold the property in some other form in equity (for example, holding it in name on behalf of a third party)."
My wife filed a separation deed against me i like to know if my hdb flat sell off will she entittle a share ? She is only a co owner but disnt contribute any money to the flat. She ll like to move out from the flat and take my 3 children away and put them in,"As you and your wife are co-owners, both of you either own the whole interest in the flat together (in the case of a joint tenancy) or hold a share in the flat (in the case of a tenancy-in-common). Even though your wife did not contribute any money to the flat, she will be entitled to a share of the sale proceeds."
"If my parents file for divorce, is transferring the flat ownership to my mother and I the only way to retain our HDB flat? Does that mean I will not be able to apply for a BTO with my fianc??? Or can my mother retain the flat under the Single Singapore Cit","Your mother can retain the flat under the Single Singapore Citizen Scheme if she is a Singapore citizen and at least 35 years old. Additionally, the HDB flat must either be a resale flat purchased from the open market without the Enhanced CPF Housing Grant (Family Grant), or the 5 year minimum occupation period must be satisfied if the flat was bought directly from HDB or if it was a resale flat purchased from the open market with the Family Grant."
"I am giving my HDB to my auntie who is my father's sister. Under the law, as a nephew, will I able to get back the flat in the future after she passes away?","Unless stated in a will, distribution of estate of the deceased will be done in accordance to the Intestate Succession Act."
"I have just bought a 5rm Hdb flat through bank loan, can they force withdraw the loan if I'm bankrupt?","The Official Assignee will be tasked to sort out your affairs once you are declared bankrupt. You will need to surrender your assets (including your HDB flat) to your Official Assignee, which will be sold and proceeds will be distributed to your creditors."
owner of items left in storage/warehouse hasn't collected them for 6 months nor paid any rent. is this considered to be abandoned? what is the duration to be considered abandoned? can the items be sold off to recover lost rent?,"It depends on the terms of your contract with the owner. However, if you are the owner of the warehouse, then you are entitled after reasonable time to sell the items off to recover the amounts owed to you. We suggest that you preserve your records showing your attempts to contact the owner."
"I've bought 5% stake in a friend's property 4 years ago, signed by both parties with a witness. Since then I've tried to try sell my stake but this person is not cooperating. Any legal way to deal with the situation to get maximum protection?","It depends on what sort of property and where the property is located. As this can be complex, you are advised to consult a lawyer."
My mortgage condominium the bank demand to take procession in 30 days. My question does the bank needs court order or they can exercise their rights with the caveat?,"Assuming that you have defaulted on your repayment of the mortgage principal loan and/or interest, the bank can indeed exercise their rights to possession by giving you this 30 days' notice."
"My late father stated in his Will that his house (solely in his name), be held in Trust for my mum. Does the Title deed of the house need to be amended to reflect this or do we leave it as it is? Tks!","Generally, your mother's interest in the house will be enforceable against the current registered proprietor of the land. So, you generally do not have to amend the title deed to reflect this trust. Nonetheless, the safest option is always to try to register your mother's name as the proprietor of the land, for the greatest protection."
what are the approximate legal charges for the transfer of a property of a deceased to 3 adult children's names (as specified in the deceased's will) ? The property is about 1 million Singapore dollars.,"We would not be able to advise you on the legal charges as the rate depends on the lawyer's expertise, the firm's pricing policy and the level of complexity involved in the transfer of the property. You may wish to contact the law firms directly to enquire on the charges."
I planning to be singaporean but i worry Singapore law not allow me to own a palm oil estate which inherit from my parent.May i know that as a Singaporean can i have example House Property and Palm Oil Estate at Malaysia?,"It depends on what you intend to do after gaining Singapore citizenship. If you wish to purchase a HDB flat, there may be restrictions on your ownership of foreign property during the Minimum Occupation Period. Please refer to HDB's website for more information: http://www.hdb.gov.sg/cs/infoweb/residential/living-in-an-hdb-flat/acquiring-private-property"
My wife and I are joint tenants of a condo With her agreement how can we severe her ownership and replace her ownership with my son so that my son and I are now owners under a new joint tenancy agreement,You would have to transfer her property interest from your wife to your son. This involves the payment of stamp duties. You are advised to consult a lawyer as there are substantial stamp duty implications. This also assumes that the condo is paid up as the bank may otherwise object.
"my parents own a fully paid up HDB flat. In the passing away of my father first scenario, can mom transfer flat to sis so she becomes co-owner if I am the donee for LPA for mum? In the case mom has declined mentally?",It depends on what your father's will provides for. It also depends on your mother's mental capacity at the point of transfer.
Property under B's name. Can a separate legal document say I'm the rightful owner and supersede other contracts?,This depends on the nature of the property. There are various rules governing property (e.g. prohibition of foreigner owning the property or where this is sought to avoid taxation) that may render this arrangement unenforceable.
"I co-own a private property with my husband (my share is approx one-fifth) which is being rented out. My husband refuses to pay me my share of the net rental profit (ie after deducting property tax, purchase of furnitures, etc). What are my legal rights",You can sue him for your share.
Is it possible to unilaterally relinguish one's ownership of a joint property? If so what is the proper legal procedure,"Yes, you will need to formally transfer your share of the property. It is advisable to engage a conveyancing lawyer to ensure that the proper formalities are adhered to."
Can a grandchild have inheritance ownership with a grandparent for a HDB flat? The grandparent is now sole owner after the spouse had passed away and the grandchild seems more suitable a choice that the children of the owner.,"If the spouse has passed away, the interest in the HDB flat will divest according to the will or the interstate succession act. The grandchild will not have an interest under the latter. However, the surviving grandparent can leave the flat to the grandchild by way of a will."
"Is it legal to pay for my sis's hdb flat and get a legal doc to state that I'm the owner of her hdb flat, if she is to sign to agree with that arrangement?","It is legal for you to pay for your sister's flat. However, you will not be able to enforce the trust in your favour without the prior written approval of the HDB."
"can a occupier (he is a relative but non owner) claim the private condo asset (and sell it off) after he been staying there without rental (free) and servicing all the bills (PUB etc) for a long duration, said 5 years or more?",No. Legal title of the property remains with the owner.
Hw do I excercise my rights amicably as a beneficiary of a property if the administrator refuse to communicate with me?,"It is recommended that you write to the administrator in writing and, if he or she does not respond, you may consider taking further recourse."
"My seller ask for extension of three month,hdb completion over on 18 June.Do I have the right to go view the home during this extension period n ask her to vacant immediately?","The seller is obligated to vacate the flat immediately after the legal completion of the sale. The temporary extension of stay for the seller is subject to your agreement. Assuming that you have not agreed to the extension and have not submitted a request of the temporary extension of stay at the time of the resale application, the seller must vacate the flat. Even if you had agreed to an extension previously and the extension has been approved by HDB, you may agree with the seller on the terms of the extension of stay and any additional monetary compensation for agreeing to allow the extension. For example, you may agree to a period of extension which is shorter than the three-month maximum period.More information available at: https://www.hdb.gov.sg/cs/infoweb/residential/selling-a-flat/selling-process/temporary-extension-of-stay-for-sellers"
"if a company business is rent out 2 commercial properties to collect rental income and major shareholder buy out these 2 properties at huge discount to market price , how can this company carry on business ? can minority shareholder block the unfair buy",Whether the buy-back is allowed depends on the constitution of the company and any agreement entered into with the company. Minority shareholder may make an application to the court under s 216A of the Companies Act to block the purported transaction.
"My owner didnt return my deposit in October 2017 , can i raise a complaint now in small claim tribunal. I raised a complaint in CEA and they said its between the owner and the client. But we never met the owner. We had the representative Agent from Propne","It would depend on what was agreed upon in the contract. As a general rule, deposits are non-recoverable."
how to sell condo flat if it's co-owned with parent who has dementia,"Where the dementia is such that the parent can be said to not have capacity as to make decisions as to the condominium under the Mental Capacity Act, section 20 of said Act allows the court to either make the decision on behalf of the person without capacity, or appoint a deputy to make such decisions for the person without capacity."
Can i withhold the last 5% payment to the developer due to defects in the common areas of the condominium property?,"The sale and purchase agreement should provide for a one-year defects liability period during which a developer has to rectify the defect at his own cost. This can be done after you send the developer a written notice. Regardless, you should write in to the developer to see whether they can rectify the defect whether it is patent or latent. A civil lawsuit should be the last resort."
completion date of oversea property was delay more than a year. Property was bought thru local agent ERA. What options do I have to recover the 80% sum I've paid?,"You can claim compensatory damages for breach of the sale of land contract. Whilst the general rule is that damages are assessed at the time of breach, this is displaced for sale of land because there is no readily available substitute. Thus, post-breach events will be taken into account in the compensation."
"The seller of the resale HDB flat have postpone the Resale Completion Appointment twice. Could we impose a late completion interest for the delay? If so, when can we start doing so and how do we go about doing it?",There is no HDB regulation on any delay in the Resale of Completion Appointment. You may wish to discuss with the seller for an agreement on the completion.
my partner have a warrant for his arrest but want to sell his property. Will he be blocked from selling?,"Your partner will need to comply with the warrant for arrest and is advised not to attempt to sell any property before doing so. If any person gives the court reason to believe that he/she has absconded or is hiding to avoid the warrant, the court may make an order involving that person's property. This property will then be at the disposal of the Government if the person against whom a warrant of arrest has been made does not comply with the directions given by the court."
"Is it possible to request seller to extend Condo OTP to 3 mths (waiting for sale proceeds)? Thinking to move-in first, and willing to pay rental fees. Is it allow to do renovation when we're not yet owner of the house? May I know any risks if we do s","It is possible, but the seller need not agree. If you renovate first, then you will require the consent of the owner."
"Just takeover a 2nd second property and officially ours now. found out the trace of termite, who's responsibility to remove as nothing was mentioned during the sale?","Generally, property sales are conducted on the basis of ""as is where is"" unless the contract provides otherwise. Hence, it is your responsibility."
My brother is an occupier with my late mother and our step father. Can my brother take legal actions to sell the house?,"Unless he has legal or beneficial interest in the property, no."
I co-own a private property with my ex-husband. My share is 99% and his is 1%. I would like to buyover his 1% and be the sole proprietor. But he would still be repaying the monthly instalments from his CPF. Is this possible legally? Please advise. Thanks.,"No. You cannot use your CPF to pay for a property that you do not own a share in. Further, he cannot use his CPF to pay either if he gets re-married."
Is it the buyer or seller's responsibility to fix ceiling leak before the second appoint? I discover there's some ceiling leak in the resale unit I am about to purchase. We have completed the first appointment and going to second appointment soon.,"It depends on what your terms of contract provide. If the sale is on a ""as is where is"" basis, then it is the buyer's responsibility to solve. Please check your contract."
"my husband agreed to give half of the flat selling cash even though i'm not the owner in the document! how can i secure n trust his word? he already accumulate alot of debt causing me fear to trust him! i'm with 2 kids, pls help","It is difficult for you to secure this save if your name is on the title deed. At best, you can enter into a contract with him for payment, but that would not give you security if the creditors make a claim."
We bought a condo which is 60 / 40 share. If my monthly cpf contribution or cash is more. Will I get back the same,"It depends on the agreement between the owners. Generally, the ownership would be based on the amount contributed (unless this is a matrimonial asset being divided during divorce)."
"Children of Seller, who has dementia, want to stop the sale of their parent's HDB flat. However, they refuse to refund the deposit and want the Buyer to cancel the application. What is the possible course of actions the Buyer could take?","This depends. Generally speaking, if the Buyer wants to proceed with the sale, then the Buyer will have to sue for performance. In contrast, if the Seller wishes to back out on the basis that the Seller lacks mental capacity, then they would have to refund the deposit. Whether the Seller is entitled to back out of the transaction depends on the specific facts. You are advised to seek legal advice."
"It was discovered before HDB 1st appointment, that Seller of HDB resale flat has dementia when he signed on an OTP that was exercised, is the contract still binding? Do his children have grounds to contest the sale of the flat if he didn't assign LPA?","This depends. A contract (i.e. the OTP) executed by a person who had no mental capacity to do so, is voidable, but it would have to be shown that the other contracting party knew or ought to have known of the lack of capacity. One way for the children to contest the sale of the flat on the Seller's behalf to be become appointed as his deputy and then seek to have the OTP voided. It is advised that you seek legal counsel on this."
I'am(son) want to buy my father property through bank home loan. Is it possible?,"Legally this is permissible, but it depends on the specific bank, the facts and the price."
A close family member owes me $40k. I have SMS messages as proof. He promises to return once sale of house completed. He refuses to write LOU. Can I get court order or any avenue to guarantee I be a payee of the sale proceeds?,"In the absence of an express contract, this is not possible. However, if you obtain a court judgment in your favour, you can seek an order that the buyer pays you out of the sale proceeds (if the sale has not completed by the time you get your Court order)."
I act as a guarantor for a company to finance a photocopier some years back. How can I discharge myself as the guarantor?,"A guarantee is a contract between you and the financier. You have to procure the financier to agree to discharge you. Normally, this is done via the company who will procure another guarantor."
"I am Malaysian, I purchased malaysia property and I want to sign the property agreement without traveling to malaysia, and the agreement required a witness, must I get a private lawyer as witness here in Singapore? Is there any other option? Like can I fi",This will depend on what the relevant Malaysian law is in relation to the purchase of property. We will not be able to discuss non-Singaporean law.
Hi is it possible to transfer my property deed as a gift of deed to third party.What are the procedures if it can be done,Yes you can. It is advisable to engage a conveyancing lawyer to ensure that the proper formalities are adhered to.
Trying to help a widow who has been abused by her son. He doesn't want his mother to stay with him - joint tenants hdb.Wanting her to stay at nursing home. Can she sell her flat and take the proceeds to stay in a nursing home?,"It is theoretically possible for her to compel the sale of the flat. However, the Court is unlikely to make such an order."
I m denied a planter area of abt 8% of my total area due to design fault. Developer simply fence off d area to clear BCA instead of rectifying the design fault. What r my rights? Where can I seek help? I paid for that area n mine is the only unit with thi,This depends on what your S&P
my ex sis-in-law defer in selling the HDB which she and my brother own.What or where can he go for help? he need to disown their flat in order to apply for a new flat.,This depends on the terms of the divorce - he can apply to Court for relief.
X has been served a severance to joint tenancy by his 82 year old paralysed mother. X has no access to the mother for a year because she is taken away by his sister. X suspects that it is the sister who has instigated the case. The HDB flat is paid for so,"The mother is entitled as a matter of law to sever the joint tenancy. That being said, it is unclear from your question who paid for the HDB flat. If the HDB flat was paid for entirety by X, then it may be argued that X has ownership rights (although there are rules regulating trust arrangements for HDB flats) - you are advised to seek formal legal advice."
"I intend to purchase a resale HDB. I paid option fee of $1000 in cheque and seller issued me an OTP (option to purchase) without signature of a witness. I was worried that the OTP maybe incomplete, thus I cancelled my cheque to seller. Is the OTP legally","Could we trouble you to complete your question please? If you meant to ask if the OTP is binding on you, yes, since you agreed to the option fee, you cannot unilaterally withdraw."
"I would like to know if 2 siblings age 22 and 23 can buy a hdb flat on their own? They are currently owners of a flat with their father. However due to circumstances, they would like to have a separate place from their father. Would that be possible?",This is unlikely to be permitted since you are less than 35 years old. Please see http://www.hdb.gov.sg/fi10/fi10321p.nsf/w/BuyingNewFlatEligibilitytobuynewHDBflat?OpenDocument#FamilyNucleus which sets out the definition of family nucleus. You will have to apply for dispensation from the HDB.
"My brother was in jail for 6 months,still under pending for his case. His wife file for divorce before he was caught. If his divorce case is settled, can his wife sell their flat by herself without my brother's knowledge? My sister-in-law and their c","It is not clear what you mean by ""divorce case is settled"". If this means that the divorce has been finalised and the wife awarded the flat, then she can certainly sell it. If not, she will not be able to sell it without his consent if he is one of the co-owners."
"Private estate developer claim their warranty only covers the first home owner, it this legally correct? I bought the estate from the first home owner, should the building warranty be transfer to me?","The warranty provided by the developer applies by way of a contract between the first owner and the developer. Unless this is specifically provided, the general rule is that the warranty will not be ""transferred"" to you."
I signed tenancy agreement on 25th June and said no on 26th June.Now agent says that we need to follow 1 year contract,"If the tenancy agreement does not contain a provision allowing for early termination by the tenant, then you will need to abide by the agreement. The landlord is not obligated to accept your surrendering of the lease. You should negotiate with the landlord for the discharge of the tenancy agreement, though you may be required to provide monetary compensation."
"Hi , I signed the TA for a property, nut the Landlord and the agent did not comply with all that was agreed on the day of signing the TA. They removed furniture , did not bring in new furniture , and several other issues. Can I break the lease before it h","The landlord has breached the tenancy agreement. However, a breach in itself may only allow you to claim damages, instead of additionally giving rise to the right to terminate the tenancy agreement. There are a few ways in which a breach may give rise to the right to terminate the tenancy agreement. First, if one of the terms that were breached was expressly stipulated as a condition in the tenancy agreement, then you have the right to terminate the contract. Second, if the terms were neither expressly stipulated as conditions nor as warranties, then you may be able to terminate the contract if the breach has consequentially deprived you of substantially the whole benefit of the contract. Note that if the terms were expressly stipulated as warranties, then you cannot terminate the contract."
"Expat situation. I have tenancy agreement for 12 months, 6 months diplomatic clause with 1 month notice period. What is my financial liability if I must leave Singapore in 3 months (e.g. I am fired in probation period at the end of month 2)?","The  ?six months diplomatic clause? means that you can terminate the lease after 6 months by giving 1 month? s notice. As such, it appears that you can only terminate the lease after 7 months (the sum of the 6 months and the notice period). Therefore, you will have to pay rent up until that point in time. You should consider negotiating with the landlord for a concession in the form of a shorter diplomatic clause period or for a right to sublet during the remainder of the 7 months."
"Hello, my landlord sent us a priority letter to change a tenancy agreement clause in his favor. We're within the warranty period. Is this legal?","Once the contract has been entered into, it cannot be varied without the consent of both parties. You should make it clear to your landlord that you do not consent to the amendments that he is proposing. Consider doing so in writing and keping a record of your correspondences."
"My client is owing us about $10,000.00 in rental. Do I have to pursue the matter in small claims courts","The Small Claims Tribunals hear claims not exceeding $10,000. This limit can be raised to $20,000 if both parties agree to it and file a Memorandum of Consent online. However, disputes arising from rental agreements do not fall within the jurisdiction of the Tribunals."
main tenant declare $200 more from the declare rental fee.sub-tenant found out he want to fill tribunal case is the legal? owner's know he just want them to settle but subtenant refuse. pls advice what the tenant need to do?,You may find this Small Claims Tribunals toolkit on tenancy disputes useful: https://www.statecourts.gov.sg/SmallClaims/Documents/SCT%20Tenancy%20Toolkit.pdf
What shall we do when the landlord is apparently breaching our contract?,"You may sue him for breach of contract and claim damages for the breach. However, you may want to consider whether it is worth commencing the action as the legal costs may well be more than the damages which you may be entitled to."
my tenant placed an induction cooker on kitchen countertop. there are well defined cracks at the end. they refuse to compensate and state it was due to wear and tear.can i claim back?,This would depend on what parties have agreed on in the tenancy agreement.
"My housemate, occupying the common room, moved out after 1 month notice. Owner is also aware of this case. Should my monthly rental be pro-rated until I find a replacement? Should Owner have to search for replacement too? There is nothing in our contract",There is no law governing finding replacement tenants in a tenancy agreements. This is up to parties to agree on.
I informed the Owner that a housemate is moving out after 1 month. Owner acknowledged my message. Who is responsible for searching for replacement? What is the Owner's obligation here?,This would depend on what is stipulated in the tenancy contract.
"Tenant issued post-dated cheque as final rent settlement. Chequed bounced due to Account Closed. Is this cheating or fraud? Criminal or Civil? If Civil and SCT dont take commercial property case, where else can small unit owner get help? Thank you","It is civil and potentially also criminal in nature. Regarding the latter, it may be criminal if it can be shown that the tenant had such intent to deceive and it was not an honest oversight. Regarding the former, you may wish to pursue a claim for breach of contract in the District Courts as SCT does not hear commercial property leases."
Can I scan and email back a signed copy of the Tenancy agreement to my landlord? Does it form a binding contract even I didn? t sign a physical copy. Can I proceed to e-stamp the document but landlord Agent say I can? t do the estamping because I need to si,"It is likely to form a binding contract nonetheless as the courts have generally taken an expansive view of the signature requirement. It should be possible to the-stamp the document given that stamping may be done before the document is signed. However, do note that there are time frames within which the document must be stamped if it has already been signed."
Landlord breached contract and refuse to return deposit. Filed for SCT but failed to issue order bcos we dk his home address. What can we do?,"You could try issuing the order via substituted service. That is a means of service, usually by newspaper advertisement, or delivery to last residential or business address, to inform the defendant that he is being sued when it is impractical to effect personal service. You must demonstrate by way of affidavit why you believe that the attempts at service were reasonable, and the court would not grant the application for substituted service unless it is satisfied that the proposed method will, in all reasonable probability, be effective to bring knowledge of the document to the defendant."
"As a commercial Tenant, Can we claim for recent major renovation works from the landlord if we are asked to vacant the unit due to an enbloc within 6 months?",It depends on the terms of your tenancy agreement.
"Who has to pay for repairs, tenant or landlord, when there is a leakage in the bathroom with unknown cause? The walls are thin, neighbours drill a lot, maybe they hit the pipes, damaging the whole unit. Landlord uncooperative despite the risks.",The party bearing repair costs depends on the terms in your tenancy agreement.
"Can I hold back my condo maintenance fee if MA is not responsive to my unit defect? MA arranged subcon to cut a hole in my toilet ceiling,thereafter, I have been asking MA to get subcon to patch the hole back but MA keeps delaying the action...not giving","It depends on the terms of the contract between the condominium and the tenants. Generally, non-payment of maintenance fee would be in breach of the contract. You may however bring a separate action against the condominium management for the defects if they are liable for the same."
"My commercial unit TA is due in October 2018 but I m breaking it in January 2018. The landlord? s agent said other than losing my security deposit, they want me to pay the rest of the rental as compensation. Is this lawful? I can? t find this clause in the",This would not be allowed if no such provision can be found in your tenancy agreement.
"Hi I rented a common room , and one of my friend visited for a day , I am not sure if i need to inform Landlord , he started blackmailing me it is illegal and will deduct money from your deposit please advise on it , he is trying to blackmail and deduct","Generally, if a friend visits for a day there is no need to inform the landlord. However, the specifics will depend on the terms of the tenancy agreement. You can file a claim against the landlord in the small claims tribunal."
"If there are 2 owners and only 1 has signed the tenancy agreement,will there be problems when they sell with tenancy?",This would depend on whether the owners own the property jointly or severally. Regarding the sale of the property - it depends on the terms contained within the agreement.
"how to file claim against tenant for the non payment of rent for commercial shop. The tenant has not paid since last two month.The amount is below 2K, can i file for claim in small claim tribunal.","No, as leases of commercial premises are outside the jurisdiction of the Small Claims Tribunal."
"We have a dispute with the landlord as he cancel the power supply without informing us ( been two mths yet we still cannot get back the supply due to Malaysia side on hari raya celebration the whole of last momth. , can we go thur the legal route against",You will need to examine the terms of the tenancy contract. If there is an express term allowing the landlord to cancel the supply without due notice then it will be unlikely for you to succeed.
Can I sue a Pte Ltd Company for non-payment of rent and deposit amounting to $11k in the small claim tribunal court?,"The Small Claims Tribunals hear claims not exceeding $10,000. This limit can be raised to $20,000 if both parties agree to it and file a Memorandum of Consent online.However, the Small Claims Tribunals cannot hear disputes relating to a lease of residential premises exceeding 2 years, nor can they hear disputes relating to leases of industrial or commercial premises. As such, you would likely be unable to sue in the Small Claims Tribunals.??"
"How to claim back my rental deposit paid in good faith prior to Tenancy Agreement signoff? Agent/Owner did not meet the my requirements for rental and after a final request and it was not fulfilled, I then withdraw my interest to proceed with the rental.","Deposits are generally unrecoverable. However, it still depends on the terms of the agreement."
"My tenant purchased wall air conditioners with a verbal agreement that I let her stay longer, we agreed but she subsequently ask to evict by HDB for breaking their term. Can she remove the air conditioners?","It depends on whether the air conditioners are regarded as fixtures or chattels by the court. If they are the latter, she may remove the air conditioners. Their classification depends on their degree of annexation to your property (the higher the degree, the more likely they will be regarded as fixtures on your property) as well as whether they were installed for enjoyment of the item or as an essential feature of the property (if the latter, it is more likely to be regarded as a feature)."
"My landlord refused to pay me deposit saying its additional electricity for ironing and starhub tv box. its 900 dollars . can you advise how can i claim this amount and can i sue him additional amount for headache , hazard and stress he caused me. he ref","You may wish to take a claim under the small Claims Tribunal for the return of the deposit. Please note that you would not generally succeed in a claim for ""headache, hazard and stress""."
"What is the legall recourse I can take if my tenant breaks his lease and have left the country? Alternatively, if he has not left yet, what legal recourse I can take, assuming all amicable negotiations did not work out?","Practically, in either instance, you can sue him in Singapore and apply for judgment against him. The problem with both situations is that if he leaves Singapore (and presumably has no assets in Singapore) is that you will incur costs enforcing the judgment overseas as you will have to enforce the judgment in a country where he has assets."
"Hello, in my tenancy agreement it states I need to contract an aircon servicing company - I did not contract, but regularly serviced anyway. Does the landlord have the right to keep the deposit?","Much depends on the tenancy agreement. A landlord typically only keeps all or part of the security deposit in instances like where there is failure to pay rent, early termination of the lease or damage to the property. It would appear that by regularly servicing the air-conditioning, you have done as required under the contract. However, no conclusive answer can be given without looking at the relevant term of the contract."
"Hi, my Brother is owner of house and not in Sg to sign TA, can he assign me to sign on his behalf or we need POA?","It depends on whether the tenant is prepared to accept your signature. Generally, one would require a POA."
"If I have quotation, photos and receipts for damages, do I win in small claims for deducting deposit? Tenant refused to Sign damages I wrote during handover. No Agent present","Yes, you are likely to win provided that the tribunal accepts your oral evidence."
During handover I wrote down damages but tenant refused to sign. Who will win in small claims? No agent present.,This depends on the state of the evidence (e.g. photographs etc).
do i need to do a walkover with the tenant during handover at end of lease before I deduct the security deposit for damages incurred by tenant,it is recommended that you do so.
can i deduct from security deposit for damages incurred by the tenant without any documentation of damages during handover,"You can deduct. However, this is not recommended as you may not be able to defend these deductions and it can lead to a claim which you may lose."
"I have a dispute with my landlord regarding the rental arrears. So far, I have cleared the outstanding arrears and now they are demanding for the full settlement till it the end of contract on top of legal fees which is basically a debt collection company",It is not clear what your question is.
my tenant has not paid rental for a commercial property for 3 months . He hasn't vacated the place although the tenancy has expired. Is it legal to dispose the left behind goods by the owner and how do one can recover the cost of disposal of goods and,"Yes it is legal to do so, although you are advised to put him on notice before you dispose of the goods. You would have to sue him to recover the costs."
"Landlord is refusing to return our security deposit. I wanted to serve him notice from Tribunal courts but doing so, I require his residential address which he is refusing to furnish (together with his mobile number). I only have his office address. Would",You may want to consider doing a search on the property in question as the search result normally shows the residential address of the landlord. The SCT retains the discretion to allow you to send the notice to the respondent's office address.
"Can I as a landlord execute an early termination before the tenancy agreement expire, there is no mention in the tenancy agreement on the landlord part for early termination. What's my legal right and what I need to do if tenant refuse to vacate.","This is a matter of contract. If the lease does not allow the landlord to terminate the lease early, then there would generally be no right for the landlord to do so. If you terminate the lease, you may be liable to pay damages for the breach."
"I had to break the Tenancy agreement on the next day of signing it due to dispute with house owner. How do I get refund? Paid one month rent as part of LOI. Tenancy agreement is not registered yet, just signed by me and house owner and now owner is refusi","Once the tenancy agreement has been signed, it is valid even if it is not yet registered. While stamping would be required prior to enforcement, you would be liable for the landlord's losses unless the agreement allows you to break the agreement."
Am I required to refund my housemate's security deposit if he fails to honor our group's lease terms with our landlord?,It will depend on the terms of your agreement.
My condominum unit had recently TOP. We had feedback to the developer that there is an inherent problem with rainwater from neighboring unit overflowing into our roof terrace. What is the developer's liability for rectiying this problem? They are atte,It depends on the terms and conditions between you and the developer. It also depends on whether you purchased the unit from the developer or if you purchased it from a third party. This also depends on the specific nature of the problem. You are advised to speak with a lawyer on this.
Cn I rent my condominium to a mother who is a foreigner but has 3 children studying here with study pass. Can the mother sign the Tenancy Agreement?,"Regardless of whether the mother has children studying in Singapore on a study pass, before allowing her to sign the tenancy agreement, you are required to exercise due diligence in checking the mother's immigration status to ensure that she is in Singapore legally. This means that you must carry out all three of the following mandatory checks: (1) check her original immigration pass and/or work pass; (2) cross-check the particulars of her pass against the particulars on her original passport; and (3) verify the validity of her pass either by checking with the issuing authority, which is the Immigration & Checkpoints Authority or the Ministry of Manpower."
can i rent my condominium to a foreign without employment pass,"No. Doing so will make you liable to be charged for harbouring overstayers and/or illegal immigrants and face an imprisonment sentence of not less than six months and not more than two years, plus a fine not exceeding S$6,000."
my tenant placed an induction cooker on kitchen countertop. there are well defined cracks at the end. they refuse to compensate and state it was due to wear and tear.can i claim back?,This would depend on what parties have agreed on in the tenancy agreement.
"My housemate, occupying the common room, moved out after 1 month notice. Owner is also aware of this case. Should my monthly rental be pro-rated until I find a replacement? Should Owner search for replacement too? There is nothing in our contract",There is no law governing finding replacement tenants in a tenancy agreements. This is up to parties to agree on.
I informed the Owner that a housemate is moving out after 1 month. Owner acknowledged my message. Who is responsible for searching for replacement? What is the Owner's obligation here?,This would depend on what is stipulated in the tenancy contract.
Tenant issued post-dated cheque as final rent settlement. Chequed bounced due to Account Closed. Is this cheating or fraud Criminal or Civil?,"It is civil and potentially also criminal in nature. Regarding the latter, it may be criminal if it can be shown that the tenant had such intent to deceive and it was not an honest oversight. Regarding the former, you may wish to pursue a claim for breach of contract in the District Courts as SCT does not hear commercial property leases."
Can I scan and email back a signed copy of the Tenancy agreement to my landlord? Does it form a binding contract even I didn? t sign a physical copy. Can I proceed to e-stamp the document but landlord Agent say I can?,"It is likely to form a binding contract nonetheless as the courts have generally taken an expansive view of the signature requirement. It should be possible to the-stamp the document given that stamping may be done before the document is signed. However, do note that there are time frames within which the document must be stamped if it has already been signed."
Landlord breached contract and refuse to return deposit. Filed for SCT but failed to issue order bcos we dk his home address. What can we do?,"You could try issuing the order via substituted service. That is a means of service, usually by newspaper advertisement, or delivery to last residential or business address, to inform the defendant that he is being sued when it is impractical to effect personal service. You must demonstrate by way of affidavit why you believe that the attempts at service were reasonable, and the court would not grant the application for substituted service unless it is satisfied that the proposed method will, in all reasonable probability, be effective to bring knowledge of the document to the defendant."
"As a commercial Tenant, Can we claim for recent major renovation works from the landlord if we are asked to vacant the unit due to an enbloc within 6 months?",It depends on the terms of your tenancy agreement.
"Who has to pay for repairs, tenant or landlord, when there is a leakage in the bathroom with unknown cause? The walls are thin, neighbours drill a lot, maybe they hit the pipes, damaging the whole unit. Landlord uncooperative despite the risks.",The party bearing repair costs depends on the terms in your tenancy agreement.
Can single occupier tenant refuse to pay rent while upper unit neighbour repair leak that affect only guest toilet ? It took a month to find the leak but water supply was not interrupted and nothing was impacted .,"This depends on the tenancy agreement between you and the tenant. That being said, and subject to the specific terms of the tenancy agreement, then unless he is able to show that he has suffered a substantial loss of amenities from the leak, the answer would be no - he cannot refuse to pay rent on that basis."
"Dear Mr Lawyer,Greatly appreciate for your kindly help. I just want a PDF of law or legislation about House rental business in Singapore. My email address: linazsong@gmail.com",You can find the relevant statutes at http://statutes.agc.gov.sg/aol/home.w3p
"For inter-floor leakages, if the leak is not at the area directly adjoining the upper and lower floors but rather further down the pipe within the false ceiling but serving only the upper floor, can it be claimed that this is not inter-floor leakage?",The interpretation of the contract will depend on what the parties had intended when the contract was entered into. You may wish to engage a lawyer to interpret the contract and provide more detailed advice.
I need to evict my HDB flat tenant whom is in rental default. What is the process?,"In order to evict the tenant, the right of forfeiture must first arise. The landlord's right to forfeit the lease may arise where the lease agreement expressly provides for the right to forfeit the lease upon rental default. Alternatively, if not provided in the lease agreement, it is statutorily provided in section 93(1)(d) of the Land Titles Act that the landlord has the right to forfeit the lease where, amongst others, the rent or any part thereof is in arrear for 30 days. Pursuant to section 18(1) of the Conveyancing and Law of Property Act, the landlord must serve a notice on the tenant specifying the breach, i.e. rental default, and requiring the tenant to make compensation, and where the breach is remediable, require the tenant to remedy the breach. Where the tenant fails to remedy the breach within a reasonable time or make reasonable compensation, the right of forfeiture is enforceable.The landlord may then obtain a writ of possession to re-enter the HDB flat. However, it should be noted that the tenant may apply to the court for relief against forfeiture of the lease agreement."
"If the tenant of my commercial unit suffered an injury in the unit due to some development defects, what are my liabilities and how can I protect myself?","You could be sued for negligence. Given the context-specific nature of each case, it is advisable to hire a lawyer to prepare your defence."
i stay in condo and owner. my unit toilet leaks and delay due to condo management inactive. Lower unit is claiming possible loss. Am I liable? I have at all times expedite on it. But the condo manager and landlord is not forthcoming. I will make good the,"According to the Strata Title Board, the owner of the upper unit should investigate and take steps to rectify the leakage if it is from his/her unit, unless there is evidence that the defect is in the lower unit."
"My house is being damaged by a leaking drainpipe and subsidence next door, what recourse do I have? The house is unoccupied I am unable to contact the owner (e.g. the property tax office and NEA have his contact details but will not provide me due to data",You can do a property search on the property and it will show you the contact details of the owner (on the assumption that it is updated).
Can I take action againt my co tenant who is troubling me,"It is not clear what you mean by your co-tenant ""troubling"" you. However, tenancy in Singapore is generally governed by the tenancy agreement. You can attempt mediation at a Community Mediation Centre or file a claim with the Small Claims Tribunal."
"If I stick a notice on the door of the person who owed me money, is it consider harassment? What if I go to his house regularly to ask for my money back? Can he call the police on me?","The Protection from Harassment Act sets out the types of behavior that will constitute harassment. It may be considered harassment if you: intentionally cause harassment, alarm or distress to the other party; behave in the manner described under section 4 of the Protection from Harassment Act, which is heard, seen or otherwise perceived by the other party as likely to cause harassment, alarm or distress; or cause fear or provocation of violence."
"Recently my neighbour use vulgarities on my wife, we have made a police report. As my neighbour is a violent person due to their domestic issues. I am worried for my wife safety. May i know how can i use legal ways to protect my wife?","If your wife is being harassed by your neighbour, she can apply for a protection order. see https://www.statecourts.gov.sg/FillingForHarassment/Pages/CIVIL-REMEDIES.aspx"
"My neighbour, living one floor below me, has been harassing me with false accusations that i've been making excessive noise at night. On two occasions to date, he has approached me in a threatening manner below my HDB block. Is there a law that can pr",It is not clear what your question is.
"I live in a terrace. My neighbor is doing major renovations. Cracks have appeared on my walls/ceilings & when it rains, water can be seen dripping through the cracks. Do I have the right to hire a surveyor to assess the degree of damage at his cost? C",You can hire a surveyor but not at his cost. He is not legally obliged to pay anything to you unless and until he is found liable by the court.
"Hi, my direct neighbor shoes are causing obstruction/inconvenience to our doorway. I have to remind my kids 5 & 7 to be wary in case they trip and fall each time we open/close the door. Can I be sued for moving his shoes aside?",No.
neighbour's unit is b beside the lift. Their dog bark when people walk pass or taking lift. Its cause distress to people. Ava spoken to them few times but only temporary improved. What other ways can we make owner more responsible for his action?,"You may wish to consider mediation with him. If all fails, you may wish to pursue an action in court for nuisance or harassment."
Is a magistrate's complain useful against neighbor who knocks on floor 24hours a day ad hoc in stopping it?,The value in a magistrate's complaint depends on your neighbour. We suggest that you may want to consider involving your RC/ CDC/MP first.
My friend got caught for throwing cigg butt on the floor and now hv to wait for court. He wanna chnage the court date. Isit possible,Your friend may apply for a change of a court mention date or a trial date if he is unable to attend court on the stipulated dates and has valid reasons for doing so. The procedure for such an application can be found here: https://www.statecourts.gov.sg/CriminalCase/Pages/Changeofmentionhearingdates.aspx
what should i do after filing memorandum of service,"After filing the memorandum of service, if the defendant does not file a Memorandum of Appearance within the time limit for appearance (the varying time limits may be found in Order 12 rule 4 of the Rules of Court), you may apply for judgment in default of appearance under Order 13. Further elaboration of types of judgment under Order 13: if your claim was for a liquidated demand only, then you would go under Order 13 rule 1 and obtain a final judgment against the defendant. If your claim was for unliquidated damages only, then you would go under Order 13 rule 2 to seek interlocutory judgment against the defendant, for damages to be assessed and costs. Where it is a mixed claim, you would go under Order 13 rule 5, and enter judgment."
Writs summons issued. What should i do next?,"This would depend on whether you wish to contest the claims in the summons or not. It is recommended that you quickly seek legal advice or legal aid if you qualify for it. If you do not wish to contest the claims (i.e. accept them), the plaintiff can apply for judgment without trial. This will result in a default judgment entered against you and a sum of money decided by the courts that you have to pay to the plaintiff. You could also attempt to come to an agreement with the plaintiff and settle outside of court. If you wish to contest the claims (you have a defence/valid legal excuse), it is recommended you quickly engage a lawyer/sign up for legal aid and enter a Memorandum of Appearance to defend your case in court within 14 days. A useful resource for your reference is at https://singaporelegaladvice.com/law-articles/writ-of-summons"
is it possible to postpone an appearance in court upon receiving a writ of summon? (i am the defendant),"For matters to be heard in the State Courts: https://www.statecourts.gov.sg/CriminalCase/Pages/Changeofmentionhearingdates.aspxYou may apply for a change of a court mention date or a trial date if you have valid reasons for doing so. This is done so by making a formal application in writing, addressed to the State Courts."
Do i need a lawyer for application of personal protection order,It is not necessary.
"Due to conflicting information from my lawyer about my case, I requested to see the court orders but my lawyer says that these can only be obtained by filing an application to the court. Is this true, or does the lawyer have the documents?","Under section 5 of the Legal Profession (Professional Conduct) Rules 2015, a legal practitioner must ""keep the client reasonably informed of the progress of the client's matter"". Furthermore, court orders are meant to be promulgated to the relevant parties for enforcement. Therefore, it is abnormal for a court to require an application to obtain the court order."
I received a summons for driving in a manner dangerous to the public under section 64(1) of Road traffic act chapter 276. Do I need to get a lawyer?,"Given the hefty penalty of a fine or imprisonment, it is advisable to engage in a lawyer's services to contest the charge. Although not strictly necessary, an experienced legal practitioner could be helpful in ensuring that an adequate punishment is given."
what to do of missed court appointment date?,"You might get issued with a warrant of arrest and you will be brought before the court. You will be asked to explain why you missed the previous hearing date. If you are ready to give a plea, the court will deal with the charges against you. If you are also facing a ""show cause"" action, the Court may impose a fine if no satisfactory reasons are given for your absence."
What is the difference between a REJOINDER and a REPLY,The Reply is a legal document filed by the Plaintiff in response to the Defence. The Rejoinder is a legal document filed by the Defendant in response to the Reply with leave of Court.
how do i get a trial postponed when a date for the trial has been fixed ?,"You will have to give the Court good grounds to do so. For example, if you have just instructed lawyers, the Court may be prepared to postpone the trial date to give your lawyers time to get up to speed. Ultimately, this depends on the specific facts as the postponement is a matter within the Court's discretion."
"I want to complain on an unfair decision made a the judge, could I write to law society asking for review of this judge","No. However, you may wish to file a notice of appeal on the judge's decision. You are advised to consult a lawyer."
"If I chose not to reply an affidavit that is full of lies, does it mean I agreed with the lies?",Yes. You should generally put on record that you do not agree.
Can I file a complaint to the clerk of court personally and engage a lawyer at a later stage should there be a trial?,Yes.
Can a defendant (from malaysia) ask to claim for transport and income losses compensation from plaintiff for travelling to court (from msia to sg) for annulment cases?,This depends on the specific facts and the circumstances. It is difficult to offer any views given the amount of information.
Can I represent my spouse in civil proceedings for fraud misrepresentation and forgery?,"Not unless you obtain leave from the Court, but it will be difficult."
can I use my cpf money to pay bail charges?,No.
What else can I do the speed up the process of filing WSS against my ex-employer? It has been a month and still no news from MOM.,You can take out the application yourself in Court if you have an order in your favour.
How do I get the magistrates court to issue private prosecutions? Or the Queen's Bench Division of the High Court to issue my application for committal to prison? Am a barrister. Thanks,"This site only provides legal advice on Singapore law. The Queen's Bench Division of the High Court is in England. As such, we are unable to assist. Since you are a barrister, we suggest that you speak with the clerk of your chambers who will be able to offer you advice."
i have a criminal record and due to CAD case was fined of $9000. I understand that the record cannot be removed but I really need to appeal for it as It is affecting my family and even my job opportunities. Are there any ways to sincerely seek an appeal?,"Even though the fine exceeds S$2,000, you can ""appeal"" to the Commissioner of Police for the criminal record to be treated as spent. However, please bear in mind that this does not remove the criminal record - it only renders it as spent."
"I have a court date to amend my dvo, I could not make it because I will lose my job, I called and stated that..but she rescheduled for this week..what are my options here??","If you really cannot attend, and you have already informed the Court and the Court has refused to change the date, then one solution may be to ask for a friend to attend on your behalf, although you must note that the Court may not necessarily allow your friend to attend."
Can I appeal to a final judgement verdict from family court if I have new prove/ evident / mislead ?,"Yes. However, if the judgment has already gone on appeal, it will be much more difficult. You are advised to consult a lawyer."
"Do we need to engage a lawyer to issue a writ of summon? Otherwise, please advise the procedure involved.",No. Please read up more on this website: http://www.ifaq.gov.sg/STATECOURTS/apps/fcd_faqmain.aspx#FAQ_2211
"I filed a writofsummon at crimsonlogic and delivered it to the defendant, and no reply after 2wks, what's my next step?","If you have filed and served the writ on the defendant, you will be entitled to apply for default judgment once the timelines have passed (assuming that you are seeking liquidated damages)."
"If I lodge a civil claim for non-payment, can I opt for a documents-only litigation? Can I lodge claim electronically?","There is no basis to opt for a document only litigation although you can, in certain cases, apply for a determination of your matter on the basis of documents only. You are required to lodge your claim electronically on the electronic litigation system."
"I have been asked to provide bank statements, credit card statements, telephone statements, power supply statements to the defendant's legal team. With no interim maintenance or financial support whatsoever, 2011, who is supposed to pay for the state","The costs of providing statements to your own lawyers will be borne by you in the first instance. Depending on the result, your lawyers can seek an order at the end of proceedings for the other side to reimburse you these costs."
Are unauthorised video recordings installed after divorce and during pre-ancillary proceedings admissible in court during acrimonious divorce? The defendant is no longer residing in the matrimonial home.,"Provided that the recordings are relevant, the parties may seek the admission of the recordings."
"I have a consultancy service agreement with a company,they refused to pay part of fee,what is my legal position?","This depends on the agreement between you and the company. If the company has breached the agreement by its refusal to pay you, you may sue them for breach of contract and recover what is due to you."
I had a car accident in September 2013 in Singapore with my malaysia car. A singapore's car hit to my car.I would like to claim under his insurance in singapore. How could i do about this ? I would like to repair the car in singapore,You should write to his insurers to lodge your claim - you can check on who his insurer is at onemotoring.com.sg.
"can i sue a company that mispresented itself as an employer, when it is not? I was made to work overseas for another.","Yes, you can sue a company (or indeed a person) in misrepresentation. However, you will need to show that the company provided you with false information that led you to enter into the employment contract with it."
I have received a subpoena. Please explain what I must do?,"This is an order that requires you to attend Court on a specified date and time to give evidence as a witness. Unless the subpoena is set aside by the Court, it is compulsory for you to attend Court on the specified day and every other day of the hearing until the case is completed. You can contact the law firm that served the subpoena on you to find out the type of questions that you will be asked."
"If there is no proof to substantiate the contents in a judge's grounds of decision, what is the next step to take ?","If you are convinced that there is no proof to substantiate the contents in a judge's grounds of decision, the next step is to lodge an appeal against that decision. But take note that not all decisions can be appealed against. For example, a judge's findings of fact may not be appealed against except in cases of serious errors. Also, there is a time period within which you have to lodge an appeal. Be sure that you have not exceeded that time period."
Will affidavits prepared by anyone other than a lawyer have any legal effect in a divorce suit ?,"Affidavits are tenable in a court of law only if they are properly witnessed by a licensed and properly appointed commissioner for oaths. However, the contents of the affidavit need not be prepared by a lawyer to be tenable, but may be more effective if properly prepared by a lawyer."
"Apart from lawyers? fees, are there any other costs and expenses which I may incur in commencing or defending proceed","Yes. Apart from the lawyers? own professional fees, you will also have to reimburse the lawyer for any disbursements incurred in respect of your proceedings (for example, photocopying charges, facsimile charges, postage, electronic filing fees, etc.) and you will have to pay court fees for the use of the courtrooms during the hearing of your proceedings."
"If I win my case in the Small Claims Tribunal, will I be able to claim all my legal costs from the losing party?","Generally, costs are not awarded to the successful party (and parties are required to bear their own costs) unless there are exceptional circumstances (for example, the Small Claims Tribunal finds that a claim is frivolous or vexatious)."
How do I commence a civil claim in the Small Claims Tribunal?,"You have to complete a Claim Form (which can be obtained from the Small Claims Tribunal in person, or downloaded from: http://app.subcourts.gov.sg/sct/page.aspx?pageid=4502).The Claim Form can then be submitted either at the registration counter of the Small Claims Tribunal or by facsimile (fax). Lawyers are not allowed to act in proceedings before the Small Claims Tribunal. Parties must appear in person or, in certain circumstances, through an authorised representative who is not a lawyer or a paid agent. More information on the claims process in the Small Claims Tribunal can be found on the Small Claims Tribunal website: http://app.subcourts.gov.sg/sct/index.aspx"
There appears to be many different courts in Singapore. How do I choose which court to commence my civil claim in?,"This depends on the amount of your claim. There are three different courts in which you can commence your civil claim: Magistrate? s Court, District Court and High Court. The Magistrate? s Court can hear any claim for which the amount in dispute does not exceed S$60,000. The District Court can hear any claim for which the amount in dispute does not exceed S$250,000. The High Court can hear any claim and it is not limited by the amount in dispute. However, parties who commence civil claims in the High Court when such claims can be heard by the District Court or the Magistrate? s Court instead may be penalised in costs. Apart from the courts, parties may also commence civil claims in the Small Claims Tribunal where (a) the amount in dispute does not exceed S$10,000 (or up to S$20,000 where the parties to the dispute agree to have the dispute resolved by the Small Claims Tribunal); and (b) the dispute arises from a contract for the sale of goods or provision of services, or the dispute arises in tort where there is damage caused to any property (except where it is damage in an accident involving the use of a motor vehicle)."
Can I commence a claim based on matters which have happened 20 years ago?,"Generally speaking, no. There are statutory limitation periods which apply. For example, claims for breach of contract are time-barred after 6 years from the time the cause of action accrued (ie., when the breach occurred). There are certain exceptions, for example, where fraud is involved. The statutory time bars and the exceptions thereto are set out in the Limitations Act which can be found on the Attorney General? s Chambers statutes online website: http://statutes.agc.gov.sg/aol/home.w3p.Apart from the statutory time bars, there are other equitable principles which may bar claims from being brought after a long unjustifiable delay. For example, if a person sits on his/her claims without doing anything for a long time, even though he/she is aware of such claims and there is no good reason why he/she could not have brought the claims more promptly."
"If I win my case in the courts, will I be able to claim all my legal costs from the losing party?",Generally you will be able to claim your legal costs and disbursements.
How do I sue someone?,"You may want to engage a lawyer. Alternatively, you can do this in person. It really depends on what you want to sue for."
How do I commence a civil claim in the courts?,"You have to file a Writ of Summons or an Originating Summons in the Subordinate Courts (for Magistrate? s Court and District Court matters) or the Supreme Court (for High Court matters). Generally, a Writ of Summons (instead of an Originating Summons) should be filed for proceedings in which a substantial dispute of fact is likely to arise. The filing has to be done electronically from a lawyer? s office or (for the Subordinate Courts) from the CrimsonLogic Service Bureau on the 6th floor of Apollo Centre, 2 Havelock Road, Singapore 059763, or (for the Supreme Court) from the LawNet Service Bureau on the ground floor of the Supreme Court Building, 1 Supreme Court Land, Singapore 178879). There are particular rules and directions governing the procedures relating to civil proceedings (for example, the Rules of Court). Non-compliance with such rules and directions may result in the dismissal of your claim."
Can I file a claim with Small Claims Tribunal for damages to my vehicle by HDB engaged contractors?,"It depends on the way in which the damage arose, as the Small Claims Tribunal does not have jurisdiction to hear claims relating to property damage where the damage arose from the use of a motor vehicle. The claim must also not exceed $10,000 (or $20,000 if parties consent)."
Can landlord and tenant have a representative or lawyer each to represent in small claim court? What if one of them resides overseas now?,It is not possible to have legal representation in the small claims tribunal
How do i obtain the address of the other party to file a claim with the small claims tribunal?,"You would have to source for this yourself - if the counterparty is a corporate entity, its address would be on ACRA's database. If the counterparty is an individual, then you may want to check the various government databases."
"I have received a Small claims tribunal order getting me to pay up but am unhappy with the amount claimed. Its passed 14 days for appeal, what can I do?",You will have to apply for an extension of time to appeal. This is very difficult and you are unlikely to succeed unless there are extenuating circumstances. We suggest that you make payment.
"How can I file small claims while residing overseas? If I come back for court hearing, can i claim the travel expense in claims?","You do not need to attend in person to file the small claims. However, you have to attend the hearings in person. You will not be able to recover the travel expenses."
"If a landlord files a case in Small Claim Tribunal, will it affect my police records?","No. The Small Claims Tribunal handles small claims between consumers and suppliers, not criminal cases."
We are the victim of small claims tribunal. Why the law could be so unfair to punish an innocent old woman. How to ensure the law is just and fair. What actions can we take,"If you are dissatisfied with the decision of a Referee after a hearing, you can file an appeal to the High Court. But the reasons for the appeal must be based on a question of law or that the claim was outside of the jurisdiction of the Small Claims Tribunals.Refer to this page for more information:https://www.statecourts.gov.sg/SmallClaims/Pages/ProcedureonthefilingofanAppealtotheHighCourt.aspx"
Does Small Claim Tribunal hear cases in recovering debts arising from car leasing to an individual/company?,Probably not. Please see https://www.statecourts.gov.sg/SmallClaims/Documents/GUIDE%20_%20CHECKLIST%20_%2025%20JUL%202014.pdf
What is the legal process in Singapore for late patment from a corporate perspective? I run a small firm - we have signed terms with one of our clients but they haven't paid their invoice and I am unable to contact them to discuss the payment.,"This depends on the amount involved. If the amount does not exceed S$10,000, you can consider going to the Small Claims Tribunal. If not, you would have to sue in either the State Courts or the High Court (>S$250,000) depending on the amount."
can SCT help us in tenancy related dispute? The terms of agreement doesnt allow last minute cancellation but agent decides to return the rental to the tenant.the tenant was actually evicted by the police for rowdiness & agent refus,"The SCT can only hear tenancy cases involving the rent of residential properties, where the lease term is not longer than 2 years.See: https://app.statecourts.gov.sg/Data/Files/file/SCT/GUIDE%20_%20CHECKLIST%20_%2025%20JUL%202014.pdf"
"Hi, I own a private limited company and recently obtained the court order from small claims for an amount of $5,000 SGD against another private limited company who has not paid up. What can I do if the registered office is no longer there?","You will still be able to proceed against the defendant even if the registered office is closed down. Your first step would be to apply for an examination of judgment debtor against the defendant's director. However, there may not be any assets left in the defendant so you may want to consider whether this is worth the cost."
how to get compensation or refund of course fees paid for breach of contract by an academy,"This would depend on the specific terms of the contract. If you have a claim, then depending on the amount (if less than S$10,000), you should consider lodging a claim with the Small Claims Tribunal: see https://app.subcourts.gov.sg/sct/index.aspx/"
What recourse do i have for breach of contract but amount is more than small claims but less than 25000$?,You can either waive the amount above the small claims limit or proceed with a claim in the magistrate's Court.
"found employment thru job agency, sign contract to work for 3mths. Co terminated me in 1mth. did I breach contract?","This depends on the terms of your contract, and who you signed the contract with. It is difficult to advise you in the absence of further information."
"If i were to sign a 2nd contract with the same employer, does it overwrite the previous contract despite it being diff?","It depends. If the intention of the parties in signing the second contract was also to terminate the first contract, then it would ""overwrite"" it."
"Do I need to compensate job agent if I have not signed on their agreement but accepted the job offer. Agreement forwarded to me after I signed with hiring co, I turned down the job 3 days later.","This depends on whether you had reached any earlier, non-written agreement with the company."
"Resigning with 1month notice.Ask me to compensate for liquidated damages,basic salary in-lieu of balance contract period","If these are required under the contract, then you will have to abide by that."
Is the non-compete clause valid in an employment contract when I was dismissed after 2 weeks on the job?,"This depends on the contract. Generally, if you were terminated properly, then the non-compete clause will be effective. But it all depends on the contract. No two contracts are really identical and each must be considered in light of its own circumstances."
How do I know if I can claim compensation under the Work Injury Compensation Act?,"Anyone who sustains injuries or who contracts occupational diseases arising out of his/her work, or the estates of employees who die in work-related accidents, are entitled to claim work injury compensation.The Work Injury Compensation Act covers all employees engaged under a contract of service or apprenticeship, regardless of their salary.There are some notable exceptions, including self-employed persons, independent contractors, domestic workers, and members/officers of the SAF, Singapore Policy Force, SCDF, CNB and Singapore Prison Service."
What is the time limit for filing a claim under the Work Injury Compensation Act?,"The time limit for filing a claim with the Ministry of Manpower is one year from the date of the accident. After this one-year period, no claims under the Work Injury Compensation Act will be entertained."
I was injured at work. Can I claim for compensation?,"You can make a claim under the Work Injury Compensation Act (WICA). Compensation is payable under WICA on a ""no fault basis"" as long as an employee suffers an injury arising out of and in the course of his employment. There is a fixed formula in the Act on the amount of compensation to be awarded. WICA covers all employees engaged under a contract of service regardless of salary, but self-employed persons, domestic workers and certain other occupations are not covered. For more information, see http://www.mom.gov.sg/workplace-safety-health/work-injury-compensation/Pages/default.aspx. Alternatively, you may bring a civil suit against your employer if you can prove negligence, but this is likely to be costly and time-consuming."
Can a lawyer charge his client the fees for court filing in a mediation when his client has not consented to mediation?,"This depends on the agreement that you have with your lawyer. There are some matters which are within a lawyer's retainer even without an express consent. This may be different if you refused to proceed for mediation as opposed to did not consent. Further, your lawyer may have been ordered by the Court to file for mediation."
Can tenant bring landlord to Small Claims Tribunal if tenancy agreement was made between landlord & tenant only hence not e-stamped?,"If the claim relates to a lease of residential property for a period of less than two years, it can be filed with the Small Claims Tribunal. You may wish to refer to this checklist for further details: http://app.subcourts.gov.sg/Data/Files/file/SCT/GENERAL%20_%20CHECKLIST%20_%2022%20JULY%202013.pdf"
I receive court letter to attend mediation but I missed the date. What happen next? Will I be charged?,You should write in to court immediately to explain why you had missed the date and to find out whether an alternative date has been fixed.
How do I commence arbitration?,"Arbitration is a type of alternative dispute resolution. You can resolve a dispute by arbitration only if all the parties to the dispute have consented to it. Such consent can take the form of an arbitration clause in a contract governing the relationship between / among the parties, or in the form of an arbitration agreement signed whether before or after the dispute arose. The dispute in question has to fall within the scope of the arbitration clause or arbitration agreement before it can be resolved by arbitration. Depending on the parties' agreement, the arbitration may be governed by a set of institutional rules or may be ad hoc. The precise procedure to commence arbitration would depend on the institutional rules chosen by the parties (if any) and/or the parties' agreement."
How to solve noise pollution with my upper floor neighbor?,"A person is entitled to quiet enjoyment of his or property under the law. Of course, this right has to be balanced against the right of your neighbour to engage in his or her own activities as well. Thus, it is only if the noise pollution level of your neighbour is beyond tolerable levels that you are entitled to seek recourse. What may constitute a tolerable level depends on the duration, frequency and loudness of the noise produced by your neighbour. If there is sufficient cause for action, you may seek mediation in the first instance through the Community Mediation Centre (http://www.cmc.gov.sg/). If that fails, you may wish to consider legal action, including instituting an action against your neighbour for private nuisance and/or harassment."
"If I decide to arbitrate my disputes, what do I have to consider?","There are a number of things which you will need to decide on, the main ones being:Number of arbitrators: Usually, parties choose either a sole arbitrator (ie., 1 arbitrator) or a panel of 3 arbitrators. A sole arbitrator can be agreed upon by the parties or assigned by an arbitration centre. As for a panel of 3 arbitrators, the two parties usually decide on 1 arbitrator each, and both arbitrators selected by the parties will in turn agree upon a third arbitrator (who will usually be the chairman of the tribunal).Seat of arbitration: This is usually the same as the place of arbitration. The choice of the seat of arbitration is important because the law of the seat of arbitration governs the arbitration procedure, and the courts of the seat of arbitration have supervisory jurisdiction over the arbitration proceedings. Rules of arbitration: There are different rules by different institutions, for example, the International Chamber of Commerce (ICC) Rules, the London Chambers of International Arbitration (LCIA) Rules and the Singapore International Arbitration Centre (SIAC) Rules. The different rules differ as to the procedure and the form which the arbitration proceedings will take."
What happens when a police report was withdrawn before police intervention.,The authorities still possess the discretion to investigate the case if they so wish.
hi is there any help for nsf person who has been charged on civil defence act,"There are a number of legal clinics that provide free legal advice. However, these volunteer lawyers will not be able to represent the accused in court. The Community Justice Centre at the State Courts as well as the Law Society of Singapore will be able to provide more information. You may also search for more options online."
My Brother need lawyer for criminal case under traffic offence. Rejected by CLAS(don't do traffic criminal) & LAB(don't do criminal). Any other legal aid he can go to as he can't afford a lawyer?,"You can register for a community legal clinic which will allow you to have a short consultation session with a lawyer for free. For more information, please see http://probono.lawsociety.org.sg/Help-for-Public/personal-legal-issue/CommunityLegalClinic/. Alternatively, you may contact the Law Society of Singapore Pro Bono Services Office which runs an Ad Hoc Pro Bono Referral Scheme that offers legal representation for persons with exceptional circumstances who do not meet the criteria for existing legal aid schemes (such as CLAS) but nonetheless are in urgent need."
"My son was arrested for housebreaking and is charge in court, can he be bill out? Can i request for pro bono lawyer?","Whether your son can be granted bail depends on the Court, a police officer who is not below the rank of sergeant and other law enforcement officers who have the discretion to grant bail. Your son may consider applying for the Criminal Legal Aid Scheme (CLAS) but he is subject to Means test and Merits test. Please see http://probono.lawsociety.org.sg/Pages/Criminal-Legal-Aid-Scheme.aspx for more details on the application process."
My business is not profit and im facing law suit can i apply for legal aid?,You can try but they generally do not offer legal aid for corporate matters.
"75 year old lady's singapore citizen ,has no family support needs help to represent her need for help with revelvant govt dept . Who can help her to present her case.",She can approach the legal aid bureau. see https://www.mlaw.gov.sg/content/lab/en.html
how do I seek legal aid for a lawyer?,You may wish to check with the Legal Aid Bureau at www.lab.gov.sg for detailed instructions on how to obtain legal aid in Singapore.
"Hi good day, want to check whether foreign wife (not PR) can seek help from LegalAid? She have been living in Sin for 5","Generally no, but you may wish to see this:https://www.mlaw.gov.sg/content/lab/en/eligibility/do-i-qualify-for-legal-aid.html"
How do I apply for a legal aid lawyer for my divorce case?,You may wish to approach the Legal Aid Bureau: www.lab.gov.sg for assistance.
What are the consequences of changing probono lawyer to fee paying lawyer ?,"You will now have to pay for your lawyer. You will also need to make sure the new lawyer is fully appraised of the facts of your case, which may mean you may have to ask for more time to prepare the case."
"My case is going for appeal nd im the respondant.I cant afford the lawyer anymore,what are my options?","Depending on the nature of your case, you may be able to qualify for legal help. Alternatively, you can represent yourself in court."
We would like to ask for list of affordable lawyer firms that specialise in Family Laws. Our mother has dementia and is co-Administrator with my eldest sister on our 3-rm HDB flat. We would like to seek legal advice if we can shift Mum's adm,"We are unable to offer suggestions on a list of law firms, but you can find a directory at the Singapore Law Society's website: http://www.lawsociety.org.sg/forPublic/FindaLawPractice/FindaLawPractitioner.aspx"
"I need a lawyer for my wife's criminal case, but i can't afford a lawyer and does not qualify for CLAS, where can I find help?","You can register for a community legal clinic which will allow you to have a short consultation session with a lawyer for free. For more information, please see http://probono.lawsociety.org.sg/Help-for-Public/personal-legal-issue/CommunityLegalClinic/. Alternatively, you may contact the Law Society of Singapore Pro Bono Services Office which runs an Ad Hoc Pro Bono Referral Scheme that offers legal representation for persons with exceptional circumstances who do not meet the criteria for existing legal aid schemes (such as CLAS) but nonetheless are in urgent need."
Punishment of offences committed within Singapore,"Every person shall be liable to punishment under Penal Code and not otherwise for every act or omission contrary to the provisions thereof, of which he is guilty within Singapore."
"Punishment of offences committed beyond, but which by law may be tried within Singapore","Any person liable by law to be tried for an offence committed beyond the limits of Singapore, shall be dealt with according to the provisions of this Code for any act committed beyond Singapore, in the same manner as if such act had been committed within Singapore."
Jurisdiction over public servants for offences committed outside Singapore,"Every public servant who, being a citizen or a permanent resident of Singapore, when acting or purporting to act in the course of his employment, commits an act or omission outside Singapore that if committed in Singapore would constitute an offence under the law in force in Singapore, is deemed to have committed that act or omission in Singapore."
Certain laws not to be affected by this Code,"Nothing in this Code is intended to repeal, vary, suspend, or affect any of the provisions of any Act for punishing mutiny and desertion of officers or servicemen in the Singapore Armed Forces, or of any other law for the time being in force."
Definitions in this Code to be understood subject to exceptions,"Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled General Exceptions, though those exceptions are not repeated in such definition, penal provision or illustration."
Expression once explained is used in the same sense throughout this Code,Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.
Gender,"The pronoun he and its derivatives are used of any person, whether male or female."
Number,"Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number"
Man and Woman,The word man denotes a male human being of any age
Person,"The word person includes any company or association or body of persons, whether incorporated or not"
Public,The word public includes any class of the public or any community
Government,The word Government includes any person lawfully performing executive functions of the Government under any law.
Judge,"The word judge denotes not only every person who is officially designated as a judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment"
Court of justice,"The words court of justice denote a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially"
Public servant,"The words public servant denote a person falling under any of the following: - (a)every officer in the Singapore Armed Forces;(b)every judge;(c)every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorised by a court of justice to perform any of such duties;(d) every assessor assisting a court of justice or public servant;(e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority;(f) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;(g) every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;(h) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;(i) a member of the Public Service Commission or the Legal Service Commission constituted under Part IX of the Constitution."
Movable property,"The words movable property are intended to include corporeal property of every description, except land and things attached to the earth, or permanently fastened to anything which is attached to the earth"
Wrongful gain and wrongful loss,"A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property."
Dishonestly,"Whoever does anything with the intention of causing wrongful gain to one person, or wrongful loss to another person, is said to do that thing dishonestly"
Fraudulently,"A person is said to do a thing fraudulently if he does that thing with intent to defraud, but not otherwise"
Reason to believe,"A person is said to have reason to believe a thing, if he has sufficient cause to believe that thing, but not otherwise."
"Property in possession of spouse, clerk or servant","When property is in the possession of a persons spouse, clerk or servant, on account of that person, it is in that persons possession within the meaning of this Code"
Counterfeit,"It is not essential to counterfeiting that the imitation should be exact. Where a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived thereby, it shall be presumed until the contrary is proved that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised."
Document,"The word document includes, in addition to a document in writing(a)any map, plan, graph or drawing;(b)any photograph;(c)any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;(d)any disc, tape, sound-track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;(e) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and(f) any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them."
Writing,"The word writing includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form."
Electronic record,The expression electronic record has the same meaning as in the Electronic Transactions Act (Cap. 88)
Valuable security,"The words valuable security denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right. valuable security includes credit cards, charge cards, stored value cards, automated teller machine cards and such other cards which have money or money?s worth or other financial rights attached."
A will,The words a will denote any testamentary document
Die and instrument,"For the purposes of Chapters XII and XVIII die includes any plate, type, tool, chop or implement and also any part of any die, plate, type, tool, chop or implement, and any stamp or impression thereof or any part of such stamp or impression; instrument includes any document whether of a formal or an informal nature, any postage stamp or revenue stamp, any seal or die, and any disc, card, tape, microchip, sound-track or other device on or in which information is recorded or stored by mechanical, electronic, optical or other means."
Words referring to acts include illegal omissions,"In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions"
Act and omission,The word act denotes as well a series of acts as a single act
"Each of several persons liable for an act done by all, in like manner as if done by him alone","When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone."
When such an act is criminal by reason of its being done with a criminal knowledge or intention,"Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention, is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention."
Effect caused partly by act and partly by omission,"Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence."
Co-operation by doing one of several acts constituting an offence,"When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence."
Several persons engaged in the commission of a criminal act may be guilty of different offences,"Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act."
Voluntarily,"A person is said to cause an effect voluntarily when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it."
Offence with specified term of imprisonment,An offence described in this Code or in any written law for the time being in force as being punishable with imprisonment for a specified term or upwards includes an offence for which the specified term is the maximum term of imprisonment.
Obscene,"The word obscene, in relation to any thing or matter, means any thing or matter the effect of which is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it."
"Illegal, unlawful and legally bound to do","The word illegal or unlawful is applicable to every thing which is an offence, or which is prohibited by law, or which furnishes ground for a civil action: and a person is said to be ?legally bound to do? whatever it is illegal or unlawful in him to omit."
Injury,"The word injury denotes any harm whatever illegally caused to any person, in body, mind, reputation or property."
Life,"The word life denotes the life of a human being, unless the contrary appears from the context."
Death,"The word death denotes the death of a human being, unless the contrary appears from the context."
Animal,"The word animal denotes any living creature, other than a human being."
Vessel,"The word vessel denotes anything made for the conveyance by water of human beings, or of property."
Year and month,"Wherever the word year or month is used, it is to be understood that the year or the month is to be reckoned according to the Gregorian calendar."
Section,The word section denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.
Oath,"The word oath includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant, or to be used for the purpose of proof, whether in a court of justice or not."
Good faith,Nothing is said to be done or believed in good faith which is done or believed without due care and attention.
Punishments,"The punishments to which offenders are liable under the provisions of this Code are death, imprisonment, forfeiture of property, fine and caning."
Imprisonment for life,"Imprisonment for life, in relation to any prescribed punishment under this Code or any other written law, means imprisonment for the duration of a person natural life."
"Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which","In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided, if the same punishment is not provided for all."
"Punishment of persons convicted, after a previous conviction, of an offence punishable with 3 years? imprisonment","Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII with imprisonment for a term of 3 years or upwards, is guilty of any offence punishable under either of those Chapters with imprisonment for a term of 3 years or upwards, shall be subject for every such subsequent offence to imprisonment for life, or to double the amount of punishment to which he would otherwise have been liable for the same; but if he is not sentenced to imprisonment for life, he shall not in any case be liable to imprisonment for a term exceeding 15 years"
"Act done by a person bound, or by mistake of fact believing himself bound by law","Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it."
Act of judge when acting judicially,"Nothing is an offence which is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law."
Act done pursuant to the judgment or order of a court of justice,"Nothing which is done in pursuance of, or which is warranted by, the judgment or order of a court of justice, if done while the judgment or order remains in force, is an offence, notwithstanding the court may have had no jurisdiction to pass the judgment or order, provided the person doing the act in good faith believes that the court had such jurisdiction."
"Act done by a person justified, or by mistake of fact believing himself justified by law","Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law, in doing it."
Accident in the doing of a lawful act,"Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner, by lawful means, and with proper care and caution."
"Act likely to cause harm but done without a criminal intent, and to prevent other harm","Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property."
Act of a child under 7 years of age,Nothing is an offence which is done by a child under 7 years of age.
"Act of a child above 7 and under 12 years of age, who has not sufficient maturity of understanding","Nothing is an offence which is done by a child above 7 years of age and under 12, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion."
Act of a person of unsound mind,"Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law."
Intoxication when a defence,"Except as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge. Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and the state of intoxication was caused without his consent by the malicious or negligent act of another person; or the person charged was, by reason of intoxication, insane, temporarily or otherwise, at the time of such act or omission."
Effect of defence of intoxication when established,"(1) Where the defence under section 85 is established, then in a case falling under section 85(2)(a) the accused person shall be acquitted, and in a case falling under section 85(2)(b), section 84 of this Code and sections 251 and 252 of the Criminal Procedure Code 2010 shall apply. (2) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence."
Act not intended to cause death done by consent in good faith for the benefit of a person,"Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm."
"Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian","Nothing, which is done in good faith for the benefit of a person under 12 years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:"
"Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89","The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given."
Act done in good faith for the benefit of a person without consent,"Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person?s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:"
Communication made in good faith,"No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person."
Act to which a person is compelled by threats,"Except murder and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person or any other person will otherwise be the consequence: Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint."
Act causing slight harm,"Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm."
Nothing done in private defence is an offence,Nothing is an offence which is done in the exercise of the right of private defence.
Right of private defence of the body and of property,"Every person has a right, subject to the restrictions contained in section 99, to defend his own body, and the body of any other person, against any offence affecting the human body; the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass."
"Right of private defence against the act of a person of unsound mind, etc.","When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind, or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence."
Acts against which there is no right of private defence,"(1) There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. (2) There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law. (3) There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities."
When the right of private defence of the body extends to causing death,"If the offence is not of any of the descriptions enumerated in section 100, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death."
Commencement and continuance of the right of private defence of the body,"The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or a threat to commit the offence, though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues."
When such right extends to causing any harm other than death,"If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, is theft, mischief, or criminal trespass, not of any of the descriptions enumerated in section 103, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrongdoer of any harm other than death."
Right of private defence against a deadly assault when there is risk of harm to an innocent person,"If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk"
Abetment of the doing of a thing,"A person abets the doing of a thing who instigates any person to do that thing; engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or intentionally aids, by any act or illegal omission, the doing of that thing."
Abettor,"A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor."
Abetment in Singapore of an offence outside Singapore,"A person abets an offence within the meaning of this Code who, in Singapore, abets the commission of any act without and beyond Singapore which would constitute an offence if committed in Singapore."
Abetment outside Singapore of an offence in Singapore,A person abets an offence within the meaning of this Code who abets an offence committed in Singapore notwithstanding that any or all of the acts constituting the abetment were done outside Singapore.
"Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment","Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence."
Punishment of abetment if the person abetted does the act with a different intention from that of the abettor,"Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other."
Liability of abettor when one act is abetted and a different act is done,"When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner, and to the same extent, as if he had directly abetted it: Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment."
"Abettor, when liable to cumulative punishment for act abetted and for act done","If the act for which the abettor is liable under section 111 is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences."
Liability of abettor for an offence caused by the act abetted different from that intended by the abettor,"When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner, and to the same extent, as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect."
Abettor present when offence committed,"Whenever any person who, if absent, would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence."
Abetment of an offence punishable with death or imprisonment for life,"Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment for a term which may extend to 14 years, and shall also be liable to fine."
Abetment of an offence punishable with imprisonment,"Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both."
Abetting the commission of an offence by the public or by more than 10 persons,"Whoever abets the commission of an offence by the public generally, or by any number or class of persons exceeding 10, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Concealing a design to commit an offence punishable with death or imprisonment for life,"Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with death or imprisonment for life, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if that offence is committed, be punished with imprisonment for a term which may extend to 7 years, or, if the offence is not committed, with imprisonment for a term which may extend to 3 years: and, in either case, shall also be liable to fine."
A public servant concealing a design to commit an offence which it is his duty to prevent,"Whoever, being a public servant, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence, the commission of which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if the offence is committed, be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 15 years, and also be liable to fine; or if the offence is not committed, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence not committed is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 7 years, and also be liable to fine."
Concealing a design to commit an offence punishable with imprisonment,"Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if the offence is committed, be punished with imprisonment for a term which may extend to one-fourth, and if the offence is not committed, to one-eighth of the longest term provided for that offence; or with such fine as is provided for the offence, or with both."
Definition of criminal conspiracy,"(1) When 2 or more persons agree to do, or cause to be done (a) an illegal act; or (b) an act, which is not illegal, by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. (2) A person may be a party to a criminal conspiracy notwithstanding the existence of facts of which he is unaware which make the commission of the illegal act, or the act, which is not illegal, by illegal means, impossible."
Punishment of criminal conspiracy,"Whoever is a party to a criminal conspiracy to commit an offence shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence."
Waging or attempting to wage war or abetting the waging of war against the Government,"Whoever wages war against the Government, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or with imprisonment for life and shall, if he is not sentenced to death, also be liable to fine."
Offences against the President?s person,"Whoever compasses, imagines, invents, devises, or intends the death of or hurt to or imprisonment or restraint of the President, shall be punished with death, or with imprisonment for life and shall, if he is not sentenced to death, also be liable to fine."
Offences against authority,"Whoever compasses, imagines, invents, devises or intends the deprivation or deposition of the President from the sovereignty of Singapore, or the overawing by criminal force of the Government, shall be punished with imprisonment for life, and shall also be liable to fine."
Abetting offences under section 121A or 121B,Whoever abets the commission of any of the offences punishable by section 121A or 121B shall be punished with the punishment provided for those offences.
"Intentional omission to give information of offences against section??�121, 121A, 121B or 121C by a person bound to inform","Whoever knowing or having reason to believe that any offence punishable under section 121, 121A, 121B or 121C has been committed intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both."
"Collecting arms, etc., with the intention of waging war against the Government","Whoever collects men, arms or ammunition or otherwise prepares to wage war, with the intention of either waging or being prepared to wage war against the Government, shall be punished with imprisonment for life or imprisonment for a term not exceeding 20 years, and shall also be liable to fine."
Concealing with intent to facilitate a design to wage war,"Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine."
"Assaulting President, etc., with intent to compel or restrain the exercise of any lawful power","Whoever, with the intention of inducing or compelling the President or a Member of Parliament or the Cabinet, to exercise or refrain from exercising in any manner any of the lawful powers of the President, or such Member, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes by means of criminal force, or the show of criminal force, or attempts so to overawe, the President or such Member, shall be punished with imprisonment for life or for a term which may extend to 20 years, and shall also be liable to fine."
Waging war against any power in alliance or at peace with Singapore,"Whoever wages war against the government of any power in alliance or at peace with the Government, or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to 15 years, to which fine may be added, or with fine."
Committing depredation on the territories of any power in alliance or at peace with Singapore,"Whoever commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the Government, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, and any property used, or intended to be used, in committing such depredation, or acquired by such depredation, shall be forfeited."
Receiving property taken by war or depredation mentioned in sections 125 and 126,"Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, and the property so received shall be forfeited."
Public servant voluntarily allowing prisoner of State or war in his custody to escape,"Whoever, being a public servant, and having the custody of any prisoner of State or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment for a term which may extend to 15 years, and shall also be liable to fine."
Public servant negligently suffering prisoner of State or war in his custody to escape,"Whoever, being a public servant, and having the custody of any prisoner of State or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
"Aiding escape of, rescuing, or harbouring such prisoner","Whoever knowingly aids or assists any prisoner of State or prisoner of war in escaping from lawful custody or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 15 years, and shall also be liable to fine."
Piratical acts,"Whoever, while in or out of Singapore ? (a)steals a Singapore ship; (b)steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Singapore ship; (c)does or attempts to do a mutinous act on a Singapore ship; or (d)counsels or procures a person to do anything mentioned in paragraph (a), (b) or (c), shall be punished with imprisonment for a term not exceeding 15 years and shall be liable to caning."
Genocide,"A person commits genocide who, with intent to destroy, in whole or in part, a national, an ethnical, a racial or a religious group, commits any of the following acts: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births within the group; or (e)forcibly transferring children of the group to another group."
Punishment for genocide,"Whoever commits genocide shall (a) if the offence consists of the killing of any person, be punished with death; or (b) in any other case, be punished with imprisonment for life or with imprisonment for a term which may extend to 20 years."
"Abetting mutiny, or attempting to seduce an officer or a serviceman from his duty","Whoever abets the committing of mutiny by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore or attempts to seduce any such officer or serviceman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
"Abetment of mutiny, if mutiny is committed in consequence thereof","Whoever abets the committing of mutiny by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
"Abetment of an assault by an officer or a serviceman on his superior officer, when in the execution of his office","Whoever abets an assault by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, on any superior officer being in the execution of his office, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
"Abetment of such assault, if the assault is committed","Whoever abets an assault by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Abetment of the desertion of an officer or a serviceman,"Whoever abets the desertion of any officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Harbouring a deserter,"Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer or a serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore has deserted, harbours such officer or serviceman shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Deserter concealed on board merchant vessel through negligence of master,"The master or person in charge of a merchant vessel, on board of which any deserter from the Singapore Armed Forces or any visiting forces lawfully present in Singapore is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding $1,500, if he might have known of such concealment, but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel."
Abetment of act of insubordination by an officer or a serviceman,"Whoever abets what he knows to be an act of insubordination by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both."
Wearing the dress of a serviceman,"Whoever, not being a serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, wears any garb or carries any token resembling any garb or token used by such a serviceman, with the intention that it may be believed that he is such a serviceman, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both."
Application of Chapter VII to Singapore Police Force,"The provisions of this Chapter relating to offences committed in relation to members of the Singapore Armed Forces or any visiting forces lawfully present in Singapore shall apply, with the necessary modifications, to similar acts committed in relation to members of the Singapore Police Force or any volunteer, auxiliary or special force attached to, or coming under the jurisdiction of, that Force."
Unlawful assembly,"An assembly of 5 or more persons is designated an ?unlawful assembly?, if the common object of the persons composing that assembly is (a) to overawe by criminal force, or show of criminal force, the Legislative or Executive Government, or any public servant in the exercise of the lawful power of such public servant; (b) to resist the execution of any law, or of any legal process; (c) to commit any offence; (d) by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or (e) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do."
Being a member of an unlawful assembly,"Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly."
Punishment,"Whoever is a member of an unlawful assembly, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Joining an unlawful assembly armed with any deadly weapon,"Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments."
"Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse","Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Force used by one member in prosecution of common object,"Whenever force or violence is used by an unlawful assembly or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting."
Punishment for rioting,Whoever is guilty of rioting shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to caning.
"Rioting, armed with a deadly weapon","Whoever is guilty of rioting, being armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to caning."
Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object,"If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly is guilty of that offence."
"Hiring, or conniving at hiring, of persons to join an unlawful assembly","Whoever hires, or engages, or employs, or promotes or connives at the hiring, engagement, or employment of any person to join or become a member of any unlawful assembly shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly, in pursuance of such hiring, engagement, or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence."
Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse,"Whoever knowingly joins or continues in any assembly of 5 or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
"Assaulting or obstructing public servant when suppressing riot, etc.","Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly or to suppress a riot or an affray, or uses, or threatens or attempts to use, criminal force to such public servant, shall be punished with imprisonment for a term which may extend to 8 years, or with fine, or with both."
"Wantonly giving provocation, with intent to cause riot","Whoever malignantly or wantonly, by doing anything which is illegal, gives provocation to any person, intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting is committed in consequence of such provocation, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the offence of rioting is not committed, with imprisonment for a term which may extend to one year, or with fine, or with both."
Owner or occupier of land on which an unlawful assembly is held,"Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding $5,000, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police station, and do not, in the case of his or their having reason to believe that it is about to be committed, use all lawful means in his or their power to prevent it, and in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly."
Liability of person for whose benefit a riot is committed,"Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same."
Liability of agent of owner or occupier for whose benefit a riot is committed,"Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same."
Harbouring persons hired for an unlawful assembly,"Whoever harbours, receives or assembles in any house or premises in his occupation or charge, or under his control, any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Being hired to take part in an unlawful assembly or riot,"Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon, or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
"Public servant taking a gratification, other than legal remuneration, in respect of an official act","Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
"Taking a gratification in order, by corrupt or illegal means, to influence a public servant","Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person, with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
"Taking a gratification, for the exercise of personal influence with a public servant","Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Punishment for abetment by public servant of the offences above defined,"Whoever, being a public servant, in respect of whom either of the offences defined in sections 162 and 163 is committed, abets the offence, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
"Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant","Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any valuable thing, without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceedings or business transacted, or about to be transacted, by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
"Public servant disobeying a direction of the law, with intent to cause injury to any person","Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Public servant framing an incorrect document or electronic record with intent to cause injury,"Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause, or knowing it to be likely that he may thereby cause, injury to any person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Public servant unlawfully engaging in trade,"Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Public servant unlawfully buying or bidding for property,"Whoever, being a public servant, and being legally bound as such public servant not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly or in shares with others, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and the property, if purchased, shall be confiscated."
Personating a public servant,"Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office, or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
"Wearing garb or carrying token used by public servant, with fraudulent intent","Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $1,000, or with both."
"Absconding to avoid arrest on warrant or service of summons, etc., proceeding from a public servant","Whoever absconds in order to avoid being arrested on a warrant, or to avoid being served with a summons, a notice, or an order proceeding from any public servant, legally competent, as such public servant, to issue such warrant, summons, notice or order, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or, if the summons, notice or order is to attend in person or by agent, or to produce a document or an electronic record before a court of justice, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
"Preventing service of summons, etc., or preventing publication thereof","Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or, if the summons, notice, order, or proclamation is to attend in person or by agent, or to produce a document or an electronic record before a court of justice, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Failure to attend in obedience to an order from a public servant,"Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, a notice, an order or a proclamation, proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at the place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or if the summons, notice, order or proclamation is to attend in person or by agent before a court of justice, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Omission to produce a document or an electronic record to a public servant by a person legally bound to produce such document or electronic record,"Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both."
Omission to give notice or information to a public servant by a person legally bound to give such notice or information,"Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence or in order to the apprehension of an offender, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Furnishing false information,"Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both; or, if the information which he is legally bound to furnish respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Refusing oath when duly required to take oath by a public servant,"Whoever refuses to bind himself by an oath to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Refusing to answer a public servant authorised to question,"Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant, in the exercise of the legal powers of such public servant, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both"
Refusing to sign statement,"Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,500, or with both."
False statement on oath to public servant or person authorised to administer an oath,"Whoever, being legally bound by an oath to state the truth on any subject to any public servant or other person authorised by law to administer such oaths, makes to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
"False information, with intent to cause a public servant to use his lawful power to the injury of another person","Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant to use the lawful power of such public servant to the injury or annoyance of any person, or to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
Resistance to the taking of property by the lawful authority of a public servant,"Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Obstructing sale of property offered for sale by authority of a public servant,"Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant as such, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both."
Illegal purchase or bid for property offered for sale by authority of a public servant,"Whoever, at any sale of property held by the lawful authority of a public servant as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both."
Obstructing public servant in discharge of his public functions,"Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,500, or with both."
Omission to assist public servant when bound by law to give assistance,"Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both; and if such assistance is demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a court of justice, or of preventing the commission of an offence, or of suppressing a riot or an affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both."
Disobedience to an order duly promulgated by a public servant,"Whoever, knowing that by an order promulgated by a public servant lawfully empowered to promulgate such order he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both; and if such disobedience causes or tends to cause danger to human life, health, or safety, or causes or tends to cause a riot or an affray, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Threat of injury to a public servant,"Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Threat of injury to induce any person to refrain from applying for protection to a public servant,"Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application, for protection against any injury, to any public servant legally empowered as such to give such protection or to cause such protection to be given, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Giving false evidence,"Whoever, being legally bound by an oath, or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, is said to give false evidence."
Fabricating false evidence,"Whoever causes any circumstance to exist, or makes any false entry in any book or record or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, false entry, or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry, or false statement, so appearing in evidence, may cause any person, who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said ?to fabricate false evidence?."
Punishment for false evidence,"Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Giving or fabricating false evidence with intent to procure conviction of a capital offence,"Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by this Code, or under any other law for the time being in force, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine; and if an innocent person is convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described."
Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment,"Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by this Code or under any other law for the time being in force is not capital, but punishable with imprisonment for life, or imprisonment for a term of 7 years or upwards, shall be punished as a person convicted of that offence would be liable to be punished."
Using evidence known to be false,"Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence"
Issuing or signing a false certificate,"Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence."
Using as a true certificate one known to be false in a material point,"Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence."
False statement made in any declaration which is by law receivable as evidence,"Whoever, in any declaration made or subscribed by him, which declaration any court of justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence."
Using as true any such declaration known to be false,"Whoever corruptly uses or attempts to use as true any such declaration knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence."
"Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender","Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, and if the offence is punishable with imprisonment for any term not extending to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both."
"Intentional omission to give information of an offence, by person bound to inform","Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both."
Giving false information respecting an offence committed,"Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Destruction of document or electronic record to prevent its production as evidence,"Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence before a court of justice, or in any proceeding lawfully held before a public servant as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such court or public servant as aforesaid, or after he has been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
"Obstructing, preventing, perverting or defeating course of justice","Whoever intentionally obstructs, prevents, perverts or defeats the course of justice shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both."
False personation for the purpose of any act or proceeding in a suit,"Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued, or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree,"Whoever fraudulently removes, conceals, transfers, or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a court of justice or other competent authority, or from being taken in execution of a decree or an order which has been made, or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree,"Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a court of justice or other competent authority, or from being taken in execution of a decree or an order which has been made or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Fraudulently suffering a decree for a sum not due,"Whoever fraudulently causes or suffers a decree or an order to be passed against him at the suit of any person for a sum not due, or for a larger sum than is due to such person, or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or an order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Fraudulently or dishonestly making a false claim before a court of justice,"Whoever fraudulently, or dishonestly, or with intent to injure or annoy any person, makes before a court of justice any claim which he knows to be false, shall be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine."
Fraudulently obtaining a decree for a sum not due,"Whoever fraudulently obtains a decree or an order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or an order to be executed against any person after it has been satisfied, or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
False charge of offence made with intent to injure,"Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, or imprisonment for 7 years or upwards, shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to fine."
Harbouring an offender,"Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year and not to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both.In this section ?offence? includes any act committed at any place out of Singapore which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460, and every such act shall for the purposes of this section be deemed to be punishable as if the accused person had been guilty of it in Singapore."
"Taking gifts, etc., to screen an offender from punishment","Whoever accepts, or agrees to accept, or attempts to obtain any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both."
Offering gift or restoration of property in consideration of screening offender,"Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore or cause the restoration of any property to any person, in consideration of that person?s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both."
"Taking gift to help to recover stolen property, etc.","Whoever takes, or agrees or consents to take, any gratification for himself or any other person under pretence or on account of helping any person to recover any movable property of which he has been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
"Harbouring an offender who has escaped from custody, or whose apprehension has been ordered","Whenever any person convicted of, or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, if the offence for which the person was in custody, or is ordered to be apprehended, is punishable with death, he shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; if the offence is punishable with imprisonment for life, or imprisonment which may extend to 20 years, he shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year and not to 20 years, he shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.In this section, offence includes also any act or omission of which a person is alleged to have been guilty out of Singapore which if he had been guilty of it in Singapore would have been punishable as an offence and for which he is under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in Singapore, and every such act or omission shall for the purpose of this section be deemed to be punishable as if the accused person had been guilty of it in Singapore."
"Harbouring robbers or gang-robbers, etc.","Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or gang-robbery, harbours them or any of them with the intention of facilitating the commission of such robbery or gang-robbery or of screening them or any of them from punishment, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Public servant disobeying a direction of law with intent to save person from punishment or property from forfeiture,"Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a lesser punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
"Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture","Whoever, being a public servant, and being, as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
"Public servant in a judicial proceeding making an order, etc., which he knows to be contrary to law","Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict or decision which he knows to be contrary to law, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both."
Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law,"Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both."
Intentional omission to apprehend on the part of a public servant bound by law to apprehend,"Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished (a) with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with death; (b) with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for life, or imprisonment for a term which may extend to 20 years; or (c) with imprisonment for a term which may extend to 5 years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for a term less than 20 years."
Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice,"Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a court of justice for any offence, or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished (a) with imprisonment for life or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; (b) with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a court of justice, or by virtue of a commutation of such sentence, to imprisonment for a term of 20 years or upwards; or (c) with imprisonment for a term which may extend to 7 years, or with fine or with both, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a court of justice, to imprisonment for a term less than 20 years, or if the person was lawfully committed to custody."
Escape from confinement negligently suffered by a public servant,"Whoever, being a public servant, legally bound as such public servant to keep in confinement any person charged with or convicted of any offence, or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Resistance or obstruction by a person to his lawful apprehension,"Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged, or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Resistance or obstruction to the lawful apprehension of another person,"Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence (a)shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both; (b)if the person to be apprehended, or the person rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; (c)if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; (d)if the person to be apprehended or rescued, or attempted to be rescued, is liable, under the sentence of a court of justice, or by virtue of a commutation of such a sentence, to imprisonment for a term of 10 years or upwards, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; or (e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment for a term not exceeding 15 years, and shall also be liable to fine."
Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for,"Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person in any case not provided for in section 221, 222 or 223, or in any other law for the time being in force, omits to apprehend that person, or suffers him to escape from confinement, shall be punished (a) if he does so intentionally, with imprisonment for a term which may extend to 3 years, or with fine, or with both; or (b) if he does so negligently, with imprisonment for a term which may extend to 2 years, or with fine, or with both."
"Resistance or obstruction to lawful apprehension, or escape, or rescue, in cases not otherwise provided for","Whoever, in any case not provided for in section 224 or 225, or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Offences against laws of Singapore where no special punishment is provided,"Whoever does anything which by any law in force in Singapore he is prohibited from doing, or omits to do anything which he is so enjoined to do, shall, when no special punishment is provided by the law for such commission or omission, be punished with fine not exceeding $2,000."
Unlawful return from banishment,"Whoever, having been lawfully banished, or otherwise lawfully sent out of Singapore, returns to Singapore, the term for which he was banished or sent out of Singapore not having expired, and he not having received a remission of punishment, or otherwise not having lawful authority to return to Singapore, shall be punished with imprisonment for a term which shall not exceed that for which he was banished or sent out of Singapore, and shall also be liable to fine."
Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding,"Whoever intentionally offers any insult or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
Personation of an assessor,"Whoever, by personation or otherwise, intentionally causes or knowingly suffers himself to be returned, empanelled, or sworn as an assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled, or sworn, or knowing himself to have been so returned, empanelled, or sworn contrary to law, voluntarily serves as such assessor, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Counterfeiting coin,"Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Making or selling instrument for counterfeiting coin,"Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Making or selling instrument for counterfeiting current coin,"Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting current coin, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Possession of instrument or material for the purpose of using the same for counterfeiting coin,"Whoever is in possession of any instrument or material for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the coin to be counterfeited is current coin, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Abetting in Singapore the counterfeiting out of Singapore of coin or current coin,"Whoever, being within Singapore, abets the counterfeiting of coin or current coin out of Singapore, shall be punished in the same manner as if he abetted the counterfeiting of such coin or current coin within Singapore."
Import or export of counterfeit coin,"Whoever imports into Singapore, or exports therefrom, any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Import or export of counterfeits of current coin,"Whoever imports into Singapore, or exports therefrom, any counterfeit coin which he knows or has reason to believe to be a counterfeit of current coin, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
"Delivery to another of coin, possessed with the knowledge that it is counterfeit","Whoever, having any counterfeit coin which at the time when he became possessed of it he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine."
"Delivery of current coin, possessed with the knowledge that it is counterfeit","Whoever, having any counterfeit coin which is a counterfeit of current coin, and which at the time when he became possessed of it he knew to be a counterfeit of current coin, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
"Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be counterfeit","Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment for a term which may extend to 2 years, or with fine to an amount which may extend to 10 times the value of the coin counterfeited, or with both."
"Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be counterfeit","Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which is a counterfeit of current coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof,"Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed of it that the coin was counterfeit, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Possession of current coin by a person who knew it to be counterfeit when he became possessed thereof,"Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of current coin, having known at the time when he became possessed of it that it was a counterfeit, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine."
Fraudulently or dishonestly diminishing the weight or altering the composition of any coin,"Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Fraudulently or dishonestly diminishing the weight or altering the composition of current coin,"Whoever fraudulently or dishonestly performs on any current coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.c"
Altering appearance of any coin with intent that it shall pass as a coin of a different description,"Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that that coin shall pass as a coin of a different description, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Altering appearance of current coin with intent that it shall pass as a coin of a different description,"Whoever performs on any current coin any operation which alters the appearance of that coin, with the intention that that coin shall pass as a coin of a different description, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Delivery to another of coin possessed with the knowledge that it is altered,"Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of the coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers the coin to any other person, or attempts to induce any other person to receive the coin, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine."
Delivery of current coin possessed with the knowledge that it is altered,"Whoever, having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of the coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers the coin to any other person, or attempts to induce any other person to receive the coin, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Possession of altered coin by a person who knew it to be altered when he became possessed thereof,"Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in section 246 or 248 has been committed, having known at the time of becoming possessed thereof that that offence had been committed with respect to such coin, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Possession of current coin by a person who knew it to be altered when he became possessed thereof,"Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in section 247 or 249 has been committed, having known at the time of becoming possessed thereof that that offence had been committed with respect to such coin, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine."
"Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be altered","Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 246 or 248 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment for a term which may extend to 2 years, or with fine to an amount which may extend to 10 times the value of the coin for which the altered coin is passed or attempted to be passed."
"Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be altered","Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 247 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Counterfeiting a Government stamp,"Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Having possession of an instrument or material for the purpose of counterfeiting a Government stamp,"Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Making or selling an instrument for the purpose of counterfeiting a Government stamp,"Whoever makes, performs any part of the process of making, buys, sells or disposes of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Sale of counterfeit Government stamp,"Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Having possession of a counterfeit Government stamp,"Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by the Government for the purpose of revenue, intending to use or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Using as genuine a Government stamp known to be counterfeit,"Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both."
"Effacing any writing from a substance bearing a Government stamp, or removing from a document a stamp used for it, with intent to cause loss to Government","Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance bearing any stamp issued by the Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Using a Government stamp known to have been before used,"Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by the Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Erasure of mark denoting that stamp has been used,"Whoever, fraudulently or with intent to cause loss to the Government, erases or removes from a stamp issued by the Government for the purpose of revenue, any mark put or impressed upon such stamp for the purpose of denoting that the stamp has been used, or knowingly has in his possession, or sells or disposes of, any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Fraudulent use of false instrument for weighing,"Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Fraudulent use of false weight or measure,"Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Being in possession of false weights or measures,"Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, intending that the same may be fraudulently used, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Making or selling false weights or measures,"Whoever makes, sells, or disposes of, any instrument for weighing, or any weight, or any measure of length or capacity, which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Affray,"Where 2 or more persons disturb the public peace by fighting in a public place, they are said to commit an affray."
Punishment for committing affray,"Whoever commits an affray shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
"Making, printing, etc., document containing incitement to violence, etc.","Whoever (a) makes, prints, possesses, posts, distributes or has under his control any document; or (b) makes or communicates any electronic record, containing any incitement to violence or counselling disobedience to the law or to any lawful order of a public servant or likely to lead to any breach of the peace shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Public nuisance,"A person is guilty of a public nuisance, who does any act, or is guilty of an illegal omission, which causes any common injury, danger or annoyance to the public, or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right."
Negligent act likely to spread infection of any disease dangerous to life,"Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Malignant act likely to spread infection of any disease dangerous to life,"Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both."
Disobedience to a quarantine rule,"Whoever knowingly disobeys any rule lawfully made and promulgated for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Adulteration of food or drink which is intended for sale,"Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $1,500, or with both."
Sale of noxious food or drink,"Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Adulteration of drugs,"Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy, or change the operation, of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Sale of adulterated drugs,"Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Sale of any drug as a different drug or preparation,"Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both."
Fouling the water of a public spring or reservoir,"Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $2,500, or with both."
Making atmosphere noxious to health,"Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $2,500, or with both."
Rash driving or riding on a public way,"Whoever drives any vehicle, or rides, on any public way, in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
Rash navigation of a vessel,"Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
"Exhibition of a false light, mark or buoy","Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both."
Conveying person by water for hire in a vessel overloaded or unsafe,"Whoever knowingly or negligently conveys, or causes to be conveyed, for hire any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both."
Danger or obstruction in a public way or navigation,"Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to $1,000."
Negligent conduct with respect to any poisonous substance,"Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
Negligent conduct with respect to any fire or combustible matter,"Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
Negligent conduct with respect to any explosive substance,"Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from such substance, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
Negligent conduct with respect to any machinery in the possession or under the charge of the offender,"Whoever does, with any machinery, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
Negligence in pulling down or repairing buildings,"Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
Negligence with respect to any animal,"Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both."
Punishment for public nuisance,"Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to $1,000."
Continuance of nuisance after injunction to discontinue,"Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both."
Injuring or defiling a place of worship with intent to insult the religion of any class,"Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Disturbing a religious assembly,"Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
"Trespassing on burial places, etc.","Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture or any place set apart for the performance of funeral rites, or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
"Uttering words, etc., with deliberate intent to wound the religious or racial feelings of any person","Whoever, with deliberate intention of wounding the religious or racial feelings of any person, utters any word or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, or causes any matter however represented to be seen or heard by that person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Promoting enmity between different groups on grounds of religion or race and doing acts prejudicial to maintenance of harmony,"Whoever (a) by words, either spoken or written, or by signs or by visible representations or otherwise, knowingly promotes or attempts to promote, on grounds of religion or race, disharmony or feelings of enmity, hatred or ill-will between different religious or racial groups; or (b) commits any act which he knows is prejudicial to the maintenance of harmony between different religious or racial groups and which disturbs or is likely to disturb the public tranquility,shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Culpable homicide,"Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide."
Murder,"Except in the cases hereinafter excepted culpable homicide is murder (a) if the act by which the death is caused is done with the intention of causing death; (b)if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; (c) if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or (d) if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, or such injury as aforesaid."
Culpable homicide by causing the death of a person other than the person whose death was intended,"If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause."
Punishment for murder,"Whoever commits murder within the meaning of section 300(a) shall be punished with death or Whoever commits murder within the meaning of section 300(b), (c) or (d) shall be punished with death or imprisonment for life and shall, if he is not punished with death, also be liable to caning."
Punishment for culpable homicide not amounting to murder,"Whoever commits culpable homicide not amounting to murder shall (a) if the act by which death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, be punished with (i) imprisonment for life, and shall also be liable to caning; or (ii) imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; or (b)if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death, be punished with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or with any combination of such punishments."
Causing death by rash or negligent act,"Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished (a)in the case of a rash act, with imprisonment for a term which may extend to 5 years, or with fine, or with both; or (b) in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine, or with both"
Abetment of suicide of child or insane person,"If any person under 18 years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide shall be punished with death or imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine."
Abetment of suicide,"If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Attempt to murder,"Whoever does any act with such intention or knowledge and under such circumstances that if he by that act caused death he would be guilty of murder, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to imprisonment for a term which may extend to 20 years, and shall also be liable to caning or fine or both. (2) When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death."
Attempt to commit culpable homicide,"Whoever does any act with such intention or knowledge and under such circumstances that if he by that act caused death he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both; and if hurt is caused to any person by such act, the offender shall be punished with imprisonment for a term which may extend to 15 years, or with fine, or with caning, or with any combination of such punishments."
Attempt to commit suicide,"Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Infanticide,"When any woman by any wilful act or omission causes the death of her child being a child under the age of 12 months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, she shall, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of the offence of infanticide."
Punishment for infanticide,"Whoever commits the offence of infanticide shall be punished at the discretion of the court with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Causing miscarriage,"Subject to the provisions of the Termination of Pregnancy Act (Cap. 324), whoever voluntarily causes a woman with child to miscarry, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the woman is quick with child, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Causing miscarriage without woman?s consent,"Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Death caused by act done with intent to cause miscarriage,"Subject to the provisions of the Termination of Pregnancy Act (Cap. 324), whoever with intent to cause the miscarriage of a woman with child does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above-mentioned."
Causing death of a quick unborn child by an act amounting to culpable homicide,"Whoever does any act under such circumstances that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Exposure and abandonment of a child under 12 years by parent or person having care of it,"Whoever, being the father or mother of a child under the age of 12 years, or having the care of such child, exposes or leaves such child in any place with the intention of wholly abandoning such child shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both."
Concealment of birth by secret disposal of dead body,"Whoever by secretly burying or otherwise disposing of the dead body of a child, whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Hurt,"Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt."
Voluntarily causing hurt,"Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said voluntarily to cause hurt."
Voluntarily causing grievous hurt,"Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt."
Punishment for voluntarily causing hurt,"Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both."
Voluntarily causing hurt by dangerous weapons or means,"Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments."
Punishment for voluntarily causing grievous hurt,"Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
Voluntarily causing grievous hurt by dangerous weapons or means,"Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning."
Voluntarily causing hurt to extort property or to constrain to an illegal act,"Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
"Causing hurt by means of poison, etc., with intent to commit an offence","Whoever administers to, or causes to be taken by, any person any poison or any stupefying, intoxicating or unwholesome drug or other thing, with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
"Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act","Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
Voluntarily causing hurt to extort confession or to compel restoration of property,"Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning."
Voluntarily causing grievous hurt to extort confession or to compel restoration of property,"Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
Voluntarily causing hurt to deter public servant from his duty,"Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments."
Voluntarily causing grievous hurt to deter public servant from his duty,"Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning."
Voluntarily causing hurt on provocation,"Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,500, or with both."
Causing grievous hurt on provocation,"Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment for a term which may extend to 6 years, or with fine which may extend to $10,000, or with both."
Punishment for act which endangers life or the personal safety of others,"Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished (a) in the case of a rash act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both; or (b) in the case of a negligent act, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both."
Causing hurt by an act which endangers life or the personal safety of others,"Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished in the case of a rash act, with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; or in the case of a negligent act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both."
Causing grievous hurt by an act which endangers life or the personal safety of others,"Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished in the case of a rash act, with imprisonment for a term which may extend to 4 years, or with fine which may extend to $10,000, or with both; or in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both."
Wrongful restraint,"Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person."
Wrongful confinement,"Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said wrongfully to confine that person."
Punishment for wrongful restraint,"Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both."
Punishment for wrongful confinement,"Whoever wrongfully confines any person shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both."
Wrongful confinement for 3 or more days,"Whoever wrongfully confines any person for 3 days or more, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Wrongful confinement for 10 or more days,"Whoever wrongfully confines any person for 10 days or more, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine"
Wrongful confinement of person for whose liberation a writ has been issued,"Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any term of imprisonment to which he may be liable under any other section of this Code."
Wrongful confinement in secret,"Whoever wrongfully confines any person in such a manner as to indicate an intention that the confinement of that person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any other punishment to which he may be liable for such wrongful confinement."
Wrongful confinement for the purpose of extorting property or constraining to an illegal act,"Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security, or of constraining the person confined, or any person interested in such person, to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Wrongful confinement for the purpose of extorting confession or of compelling restoration of property,"Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined, or any person interested in the person confined, to restore, or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Force,"A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other?s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other?s sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following 3 ways: (a) by his own bodily power; (b) by disposing any substance in such a manner that the motion, or change or cessation of motion, takes place without any further act on his part, or on the part of any other person; (c) by inducing any animal to move, to change its motion, or to cease to move."
Criminal force,"Whoever intentionally uses force to any person, without that person consent, in order to cause the committing of any offence, or intending by the use of such force illegally to cause, or knowing it to be likely that by the use of such force he will illegally cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other."
Assault,"Whoever makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault."
Punishment for using criminal force otherwise than on grave and sudden provocation,"Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both."
Using criminal force to deter a public servant from discharge of his duty,"Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both."
Assault or use of criminal force to a person with intent to outrage modesty,"Whoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with caning, or with any combination of such punishments or Whoever commits an offence under subsection (1) against any person under 14 years of age shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments."
Outraging modesty in certain circumstances,"Whoever, in order to commit or to facilitate the commission of an offence against any person under section 354, voluntarily causes or attempts to cause to that person death, or hurt, or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning."
Assault or criminal force with intent to dishonour otherwise than on grave and sudden provocation,"Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Assault or criminal force in committing or attempting to commit theft of property carried by a person,"Whoever assaults or uses criminal force on any person, in committing or attempting to commit theft of any property which that person is then wearing or carrying, shall be punished with imprisonment for a term of not less than one year and not more than 7 years, and shall also be liable to caning."
Assault or criminal force in attempting wrongfully to confine a person,"Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both."
Assaulting or using criminal force on grave and sudden provocation,"Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both."
Kidnapping,"Kidnapping is of two kinds: kidnapping from Singapore, and kidnapping from lawful guardianship."
Kidnapping from Singapore,"Whoever conveys any person beyond the limits of Singapore without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Singapore."
Kidnapping from lawful guardianship,"Whoever takes or entices any minor under 14 years of age if a male, or under 16 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship."
Abduction,"Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person."
Punishment for kidnapping,"Whoever kidnaps any person from Singapore or from lawful guardianship, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
Punishment for abduction,"Whoever abducts any person shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments."
Kidnapping or abducting in order to murder,"Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to caning."
Kidnapping or abducting with intent secretly and wrongfully to confine a person,"Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
"Kidnapping or abducting a woman to compel her marriage, etc.","Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
"Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.","Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to non-consensual penile penetration of the anus, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
Wrongfully concealing or keeping in confinement a kidnapped person,"Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or keeps such person in confinement, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge or for the same purpose as that with or for which he conceals or detains such person in confinement."
Kidnapping or abducting child under 10 years with intent to steal movable property from the person of such child,"Whoever kidnaps or abducts any child under the age of 10 years, with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
Buying or disposing of any person as a slave,"Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Habitual dealing in slaves,"Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine."
"Selling minor for purposes of prostitution, etc.","Whoever sells, lets to hire, or otherwise disposes of any person under the age of 21 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
"Buying minor for purposes of prostitution, etc.","Whoever buys, hires or otherwise obtains possession of any person under the age of 21 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
"Importing woman for purposes of prostitution, etc.","Whoever (a) by any false pretence, false representation, or fraudulent or deceitful means, brings, or assists in bringing, into Singapore any woman with intent that such woman may be employed or used for the purpose of prostitution; (b) brings, or assists in bringing, into Singapore any woman with intent that such woman may be sold or bought for the purpose of prostitution; or (c) sells or buys any woman for the purpose of prostitution, shall be punished with imprisonment for a term not exceeding 10 years, and shall also be liable to fine."
Unlawful compulsory labour,"Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Commercial sex with minor under 18 outside Singapore,"Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence or A person who is guilty of an offence under this section shall be liable to the same punishment to which he would have been liable had he been convicted of an offence under section 376B."
Theft,"Whoever, intending to take dishonestly any movable property out of the possession of any person without that persons consent, moves that property in order to such taking, is said to commit theft."
Punishment for theft,"Whoever commits theft shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Punishment for theft of a motor vehicle,"Whoever commits theft of a motor vehicle or any component part of a motor vehicle shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
"Theft in dwelling-house, etc.","Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or for the custody of property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Theft by clerk or servant of property in possession of master,"Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine"
Theft after preparation made for causing death or hurt in order to commit theft,"Whoever commits theft, having made preparation for causing death or hurt or restraint, or fear of death or of hurt or of restraint, to any person in order to commit such theft, or in order to effect his escape after committing such theft, or in order to retain property taken by such theft, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 3 strokes."
Extortion,"Whoever intentionally puts any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits ?extortion?."
Punishment for extortion,Whoever commits extortion shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning.
Putting person in fear of harm in order to commit extortion,"Whoever, in order to commit extortion, puts or attempts to put any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and with caning."
Extortion by putting a person in fear of death or grievous hurt,"Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning."
Putting person in fear of death or of grievous hurt in order to commit extortion,"Whoever, in order to commit extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning."
"Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.","Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
"Putting person in fear of accusation of offence, in order to commit extortion","Whoever, in order to commit extortion, puts or attempts to put any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning."
When theft is robbery,"Theft is robbery if, in order to commit theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death, or hurt, or wrongful restraint, or fear of instant death, or of instant hurt, or of instant wrongful restraint."
When extortion is robbery,"Extortion is ?robbery? if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted."
Gang-robbery,"When 5 or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and of persons present and aiding such commission or attempt, amount to 5 or more, every person so committing, attempting, or aiding, is said to commit ?gang-robbery?."
Punishment for robbery,Whoever commits robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes
Attempt to commit robbery,Whoever attempts to commit robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and shall also be punished with caning with not less than 6 strokes.
Voluntarily causing hurt in committing robbery,"If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person, jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes."
Punishment for gang-robbery,Whoever commits gang-robbery shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
Gang-robbery with murder,"If any one of 5 or more persons who are conjointly committing gang-robbery, commits murder in so committing gang-robbery, every one of those persons shall be punished with death or imprisonment for life, and if he is not sentenced to death, shall also be punished with caning with not less than 12 strokes."
Robbery when armed or with attempt to cause death or grievous hurt,"If at the time of committing or attempting to commit robbery, the offender is armed with or uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, such offender, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with caning with not less than 12 strokes, in addition to any other punishment to which he may be liable under any other section of this Code."
Making preparation to commit gang-robbery,"Whoever makes any preparation for committing gang- robbery, shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and shall also be punished with caning with not less than 12 strokes."
Punishment for belonging to gang-robbers,"Whoever shall belong to a gang of persons associated for the purpose of habitually committing gang-robbery, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 6 strokes."
Punishment for belonging to wandering gang of thieves,"Whoever shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being gang-robbers, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes."
Assembling for purpose of committing gang-robbery,"Whoever shall be one of 5 or more persons assembled for the purpose of committing gang-robbery, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes."
Dishonest misappropriation of property,"Whoever dishonestly misappropriates or converts to his own use movable property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Dishonest misappropriation of property possessed by a deceased person at the time of his death,"Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person?s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the offender at the time of such person?s decease was employed by him as a clerk or servant, the imprisonment may extend to 7 years."
Criminal breach of trust,"Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person to do so, commits ?criminal breach of trust?."
Punishment of criminal breach of trust,"Whoever commits criminal breach of trust shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both."
"Criminal breach of trust by carrier, etc.","Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine."
Criminal breach of trust by clerk or servant,"Whoever, being a clerk or servant, or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine."
"Criminal breach of trust by public servant, or by banker, merchant, or agent","Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant, or in the way of his business as a banker, a merchant, a factor, a broker, an attorney or an agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine."
Stolen property,"Property the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated, or in respect of which criminal breach of trust or cheating has been committed, is designated as stolen property, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or without Singapore. But if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property."
Dishonestly receiving stolen property,"Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the property to be stolen property, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Dishonestly receiving property stolen in the commission of a gang-robbery,"Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of gang-robbery, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to gang-robbers, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Habitually dealing in stolen property,"Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine."
Assisting in concealment or disposal of stolen property,"Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Cheating,"Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to ?cheat?."
Cheating by personation,"A person is said to cheat by personation, if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is."
Punishment for cheating,"Whoever cheats shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect,"Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest, in the transaction to which the cheating relates, he was bound either by law or by a legal contract to protect shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Punishment for cheating by personation,"Whoever cheats by personation shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Cheating and dishonestly inducing a delivery of property,"Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors,"Whoever dishonestly or fraudulently removes, conceals, or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Dishonestly or fraudulently preventing a debt or demand due to the offender from being made available for his creditors,"Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration,"Whoever dishonestly or fraudulently signs, executes, or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Dishonest or fraudulent removal or concealment of property or release of claim,"Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Mischief,"Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or any person, causes the destruction of any property, or any such change in any property, or in the situation thereof, as destroys or diminishes its value or utility, or affects it injuriously, commits ?mischief?."
Punishment for committing mischief,"Whoever commits mischief shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Committing mischief and thereby causing loss or damage to the amount of $500,"Whoever commits mischief and thereby causes loss or damage to the amount of $500 or upwards, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Mischief by killing or maiming any animal,"Whoever commits mischief by killing, poisoning, maiming or rendering useless, any animal shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Mischief by injury to works of irrigation or by wrongfully diverting water,"Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural or industrial purposes, or for food or drink for human beings or for animals which are property, or for cleanliness, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
"Mischief affecting railway engine, train, etc.","Whoever commits mischief by doing any act with intent or with the knowledge that such act is likely to obstruct, upset, overthrow, injure or destroy any railway engine, train, tender, carriage or truck, shall be punished with imprisonment for life or imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
"Mischief by injury to public road, bridge or river","Whoever commits mischief by doing any act which renders, or which he knows to be likely to render, any public road, bridge, navigable river, or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
"Mischief by injury to telegraph cable, wire, etc.","Whoever commits mischief by cutting or injuring any electric telegraph cable, wire, line, post, instrument or apparatus for signalling, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
"Mischief by causing inundation or obstruction to public drainage, attended with damage","Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
Mischief by destroying or moving or rendering less useful a lighthouse or sea-mark,"Whoever commits mischief by destroying or moving any lighthouse or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such lighthouse, sea-mark, buoy, or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both."
"Mischief by destroying or moving, etc., a landmark fixed by public authority","Whoever commits mischief by destroying or moving any landmark fixed by the authority of a public servant, or by any act which renders such landmark less useful as such, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Mischief by fire or explosive substance with intent to cause damage,"Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
"Mischief by fire or explosive substance with intent to destroy a house, etc.","Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place for worship, or for the administration of justice, or for the transaction of public affairs, or for education, or art, or for public use or ornament, or as a human dwelling, or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden,"Whoever commits mischief to any decked vessel or any vessel of a burden of 20 tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe that vessel, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Punishment for the mischief described in section 437 when committed by fire or any explosive substance,"Whoever commits or attempts to commit by fire or any explosive substance, such mischief as is described in section 437, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
"Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.","Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Mischief committed after preparation made for causing death or hurt,"Whoever commits mischief, having made preparation for causing to any person death or hurt or wrongful restraint, or fear of death or of hurt or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine."
Criminal trespass,"Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit ?criminal trespass?."
House-trespass,"Whoever commits criminal trespass by entering into, or remaining in, any building, tent or vessel used as a human dwelling, or any building used as a place for worship or as a place for the custody of property, is said to commit house-trespass."
Lurking house-trespass,"Whoever commits house-trespass, having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass."
Lurking house-trespass by night,"Whoever commits lurking house-trespass after 7 p.m. and before 7 a.m., is said to commit lurking house-trespass by night."
House-breaking by night,"Whoever commits house-breaking after 7 p.m. and before 7 a.m., is said to commit house-breaking by night."
Punishment for criminal trespass,"Whoever commits criminal trespass shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both."
Punishment for house-trespass,"Whoever commits house-trespass shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both."
House-trespass in order to commit an offence punishable with death,"Whoever commits house-trespass in order to commit any offence punishable with death, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine."
House-trespass in order to commit an offence punishable with imprisonment for life,"Whoever commits house-trespass in order to commit any offence punishable with imprisonment for life, shall be punished with imprisonment for a term not exceeding 10 years, and shall also be liable to fine."
House-trespass in order to commit an offence punishable with imprisonment,"Whoever commits house-trespass in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to 7 years."
"House-trespass after preparation made for causing hurt, etc.","Whoever commits house-trespass, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault, or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Punishment for lurking house-trespass or house-breaking,"Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine."
Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment,"Whoever commits lurking house-trespass or house-breaking in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the offence intended to be committed is theft, shall be punished with imprisonment for a term which may extend to 10 years."
"Lurking house-trespass or house-breaking after preparation made for causing hurt, etc.","Whoever commits lurking house-trespass or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning."
Punishment for lurking house-trespass by night or house-breaking by night,"Whoever commits lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine."
Lurking house-trespass by night or house-breaking by night in order to commit an offence punishable with imprisonment,"Whoever commits lurking house-trespass by night or house-breaking by night, in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment shall be not less than 2 years and not more than 14 years."
"Lurking house-trespass by night or house-breaking by night after preparation made for causing hurt, etc.","Whoever commits lurking house-trespass by night or house-breaking by night, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 14 years and with caning."
Grievous hurt caused while committing lurking house-trespass or house-breaking,"Whoever, while committing lurking house-trespass or house-breaking, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years and with caning."
Lurking house-trespass by night or house-breaking by night when death or grievous hurt is caused,"If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years."
Dishonestly breaking open any closed receptacle containing or supposed to contain property,"Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Punishment for same offence when committed by person entrusted with custody,"Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."
Forgery,"Whoever makes any false document or electronic record or part of a document or an electronic record with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery."
Punishment for forgery,"Whoever commits forgery shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both."
"Forgery of a record of a court of justice, or a public register of births, etc.","Whoever forges a document or an electronic record, purporting to be a record or proceeding of or before a court of justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document or an electronic record, purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Forgery of a valuable security or will,"Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a child, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest, or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or a receipt, acknowledging the payment of money, or an acquittance or a receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine."
Forgery for the purpose of cheating,"Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Forgery for the purpose of harming the reputation of any person,"Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any person, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine."
Using as genuine a forged document or forged electronic record,"Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or forged electronic record, shall be punished in the same manner as if he had forged such document or electronic record."
"Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise","Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Making or possessing equipment for making a false instrument,"Whoever makes or has in his custody or under his control a machine or implement, or paper or other material, which to his knowledge is or has been specifically designed or adapted for the making of any false instrument shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both."
"Having possession of certain document or electronic record known to be forged, with intent to use it as genuine","Whoever has in his possession any document or electronic record, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the descriptions mentioned in section 466, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the document is one of the descriptions mentioned in section 467, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine."
Forging or counterfeiting currency notes or bank notes,"Whoever forges or counterfeits, or knowingly performs any part of the process of forging or counterfeiting, any currency note or bank note shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine."
Cohabitation caused by a man deceitfully inducing a belief of lawful marriage,"Every man, who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine."
Marrying again during the lifetime of husband or wife,"Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Marriage ceremony gone through with fraudulent intent without lawful marriage,"Whoever dishonestly or with a fraudulent intention goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."
Defamation,"Whoever, by words either spoken or intended to be read, or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person."
Punishment for defamation,"Whoever defames another shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Printing or engraving matter known to be defamatory,"Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Sale of printed or engraved substance containing defamatory matter,"Whoever sells or offers for sale any printed or engraved substance, containing defamatory matter, knowing that it contains such matter, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Criminal intimidation,"Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."
Intentional insult with intent to provoke a breach of the peace,"Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."
Punishment for criminal intimidation,"Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and if the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or with imprisonment for a term which may extend to 7 years or more, or impute unchastity to a woman, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both."
Criminal intimidation by an anonymous communication,"Whoever commits the offence of criminal intimidation by an anonymous communication, or by having taken precautions to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment for a term which may extend to 2 years, in addition to the punishment provided for the offence by section 506."
Act caused by inducing a person to believe that he will be rendered an object of divine displeasure,"Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he, or any person in whom he is interested, will become or will be rendered by some act of the offender an object of divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."
Word or gesture intended to insult the modesty of a woman,"Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both."