Anti-corruption

In Singapore

What is corruption?• An act done with an intent to give

advantage inconsistent with official duty and the rights of others. The act of official or fiduciary person who unlawfully and wrongfully uses his status or character to procure some benefit for himself or for another person contrary to duty and the right of others.

—Black’s Law Dictionary Sixth Edition Definition

• Corruption involves the dishonest or preferential use of power or position which has the result of one person or organization being advantaged over another.

Lest you don’t know…• It is an offence to give or receive a

bribe.• It is not necessary to prove that the

receiver of a bribe in the position to carry out the required favour for the purpose of conviction.

• Any gratification received by a public officer is presumed corrupt, unless the contrary is proven.

• Public officers under investigation may be required to furnish sworn statements on their properties.

• Wealth disproportionate to income can be admitted as corroborative evidence.

• Singapore citizens are liable for corrupt offences committed outside Singapore.

• The corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act empowers the court to confiscate wealth which a convicted person cannot account for.

“Bribe“ as a ”corrupt gratification” in the PCA ( The Prevention of Corruption Act ） includes: 

• a. "Money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable; 

• b. Any office, employment or contract; • c. Any payment, release, discharge of liquidation of

any loan, obligation or other liability whatsoever, whether in whole or in part; 

• d. Any other service, favour, advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted;

• Any offer, undertaking or promise of any gratification within the meaning of paragraphs a, b, c and d. 

• a. 金钱或者其他任何礼物、贷款、费用、报酬、佣金、有价证券或其他任何形式的财产或权益，无论是动产还是不动产；

• b. 任何职位，工作或合约；• c. 任何款项，免除他人的任何贷款、义务、责任，

不论是全部或部分；• d. 任何其他服务、优惠，包括帮助他人免受任何

处罚、逃脱逮捕或刑事性质的任何诉讼或法律程序，不论是否已制定；

• 其他任何满足 a、 b、 c、 d 条件的约定、承诺或许诺。

The achievements Singapore has made

• Singapore has been consistently rated as the most transparent government in Asia by Transparency International based in Berlin.

Reasons

• Harsh penalty, powerful institutions and sound legal system

• Preventive measures• Strong political will of leaders

Court Punishment For Corruption

• In Singapore any person who is convicted of a corruption offence can be fined up to $100,000 or sentenced to imprisonment of up to five years or to both. If the offence relates to a government contract or involves a Member of Parliament or a member of a public body, the term of imprisonment can be increased to seven years.

• Besides the fine and imprisonment, a person convicted of a corruption offence will be ordered by the court to return the amount of the bribe he had accepted in the form of penalty. In addition, the court is also empowered to confiscate the property and pecuniary resources which a convicted person cannot satisfactorily account for.

Cases

About politicians

• "There is no way a Minister can avoid investigations and a trial if there is evidence to support one". - the Prime Minister of Singapore, Mr. Lee Kuan Yew, quoted in the Straits Times, Jan 27, 1987

• “一旦有任何证据支持，任何一位部长或者总理都无法避免被调查和审讯的命运。” -1987年 1月 27 号，《海峡时报》，新加坡总理李光耀

Former Minister : Accomplice &

Middleman

• Former Minister for National Development Tan Kia Gan was found to have attempted to assist his close businessman friend Lim Tjin Hauw and his son William Lim to sell a Boeing aircraft to Malaysian Airways. He also acted as the middleman for his brother-in-law in the sale of a tin mine to Lim. In return, he was given $70,000 worth of shares.

• After investigations in August 1966, Tan Kia Gan was administratively stripped of all public appointments by the Government. 

• 国家发展部门前部长陈家彦，被发现试图协助和他关系密切的商人朋友 Lim Tjin Hauw ，及其子 William Lim to 卖一架波音飞机给马来西亚航空公司 .

• 他还充当中间人为他的姐夫出售锡矿给Lim 。作为回报，他得到了价值 70,000 美元的股票。 在 1966年 8 月进行调查后，陈家彦被剥夺所有公职任命。

Use of Ministerial status in exchange for a bungalow and free air tickets

 • Wee Toon Boon, then Minister of State for

Environment, was found to have used his ministerial status to make representations to civil servants on behalf of developer Lauw Tjin Ho. In return, he was rewarded with a bungalow, galvanized roofing for his home, free air tickets for him and his family and bank overdrafts to speculate in shares.

• In April 1975, Wee was charged for corruption involving $839,023, sentenced to 4 and half years' imprisonment, and ordered to pay a penalty of $7,023. His jail sentence was reduced to 18 months after he successfully appealed against 1 of the 5 charges.

• 黄循文，国家环境部前部长被发现利用他的部长之位代表开发商 Lauw Tjin Ho 和公务员交涉。作为回报，他得到了别墅和免费机票，并填补了他家人炒卖股票透支的钱。

• 在 1975年 4 月，黄循文被控贪污 839,023 美元，被判入狱 4 年半，并令其缴纳罚款 7,023 美元。之后他提出上诉，刑期减至 18 个月。

About Private Sector• CPIB investigates corruption in the private

sector to help encourage fair business practices.

• Private sector corruption usually involves the payment or acceptance of illegal commissions or under table kickbacks which are still regarded by many businessmen as an accepted practice. Companies should lay down clear guidelines for employees in line with their policy on commissions so as to ensure fair and honest business transactions.

• 贪污调查局调查私营部门的腐败现象，以营造公平的商业环境。

• 私营部门的腐败通常涉及非法回佣或下表回扣，虽然这些做法仍被很多商人视为可以接受的做法。公司应该制定明确的指导方针，使其与员工佣金政策一致，以确保公平和诚信的商业佣金交易。

Singapore Turf Club case

• In this case of corruption at the Singapore Turf Club, an Australian jockey Troy Kenneth Jackman had received gratifications totaling $6,000. He had also agreed to receive another sum of $755 from 3 horse punters in exchange for racing tips. 

• The 3 punters were issued warnings from CPIB. Troy was charged on 19 August 2005. He was fined $9,000 and ordered to pay a penalty of $6,000.

• 在新加坡克兰芝马场的腐败案中，澳大利亚专业赛马骑师 Troy Kenneth Jackman收到了共计 6,000 美元的好处。他还同意接收三个赌马客 755 美元的好处，代价是给他们赛事情报。

• 贪污调查局对三名投注者发出警告。 Troy在 2005年 8 月 19日被控。他被判罚款9000 美元，并被要求支付 6000 美元罚金。

A statutory board officer and a company Director charged for

corruption  

• A Director of Yi Fong Construction Pte Ltd had, sub-contractor for NParks, gave an NParks Manager loans amounting to $2,500 on 4 occasions between April 2006 and February 2009. Although the Director knew that the Manager would not repay the loans, he still gave the loans because he did not want to offend the Manager as the latter was directly supervising his works.

• The Manager of NParks was charged on 18 Nov 2009 for corruptly receiving gratifications in the form of loans amounting to $2,500. He was sentenced to 4 months' imprisonment. The Director was charged on 25 Feb 2010 for corruptly giving gratifications in the form of loans amounting to $2,500/- to the Manager of NParks, and sentenced to 3 months' imprisonment.

• 易方建筑私人有限公司主管 NParks在 2006年4 月至 2009年 2 月期间前后 4 次给 NParks 的一名经理贷款总计 2500 美元 , 尽管他知道该经理并不会偿还贷款。他这么做是因为不想得罪这个经理，此人直接监督他的工作。

• 2009年 11月 18日， NParks经理被指控腐败，接受贷款总计 2500 美元，他被判 4 个月监禁。在 2010年 2 月 25日，这名主管被指控腐败，以放贷形式贿赂 NParks 的经理，贷款总计2500 美元，并被判处三个月监禁。

CPIB

• Mission: to combat corruption through SWIFT and SURE, FIRM but FAIR action.

• Take pride, stop bribes.

Powers of Investigation

Powers of Arrest under Section 15 of the PCA

• The Director or any special investigator may without a warrant arrest any person who has been concerned in any offence under this Act or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned.

• The Director or a special investigator arresting a person under subsection may search such person and take possession of all articles found upon him which there is reason to believe were the fruits or other evidence of the crime, provided that no female shall be searched except by a female.

• Every person so arrested shall be taken to the Corrupt Practices Investigation Bureau or to a police station.

• 局长或任何特别调查员可以不用逮捕证逮捕任何人，只要根据本法此人有任何违法行为或背有任何合理的投诉或已有可信的信息证实此人有违法行为

• 局长或任何特别调查员逮捕嫌疑人时可以搜查此人并可以没收他身上所有可以被确认为犯罪所得的物品，女性犯罪嫌疑人只应当被女性警员搜查。

• 每个被逮捕的人都应被带去贪污调查局或警察局

Powers of Search and Seizure under Section 22 of the PCA

Director, CPIB may, by warrant directed to any CPIB officer, empower them to enter any place by force if necessary and to search, seize and detain any document, article or property relating to the commission of any corruption offence, or a conspiracy/attempt to commit or an abetment of any such offence.

If the CPIB officer has reasonable grounds to believe that any delay in obtaining the search warrant is likely to frustrate the object of the search, he may exercise the powers of search mentioned above without a search warrant.

• 贪污调查局的局长可以直接任命调查局的官员，有权授权他们在必要情况下通过武力进入任何地方，并搜查、检取任何与腐败罪行相关的文件、物品或财务

•如果贪污调查局的官员有合理理由认为等待搜查令的时间可能会延误并妨碍搜查，他们有权行使上述无证搜查的权利。

 Legislation

Don'ts Do's• Do not accept any reward

from any member of the public for doing anything which is your duty to do.

• Do not intentionally make any erroneous or incorrect statement or entry in official documents.

• Do not accept any gift or present from anyone you have official dealings with for any reason or on any occasion or festival.

• Do not invest in the business of anyone you have official dealings with.

• Do not visit the office or home of contractors who have official dealings with you.

• Declare your interest in the business of any companies on account of yourself/family. Disqualify yourself from supervising the projects involved.

• Treat all person you have official dealings with equal and fairly without fear or favor.

• Acquaint yourself with the provisions of the Prevention of Corruption Act and the policies and instructions of the department governing the conduct of officers.

• Consult your superiors if in doubt of the propriety of anything you wish to do.

• 不要因为分内之事而接受公众对你的报酬

• 不要故意在官方文件中做出错误的表述或条目

• 不要在任何场合或节日因为任何原因而接受任何与你有公事往来的人的礼物

• 不要投资任何与你有公事往来的人员的业务

• 不要拜访与你工作有关的合约商的办公室或家

• 在任何因为自己或自己家人而有利益关系的公司中，要申明自己的利益所在。不监管与自己利益有牵扯的项目。

• 公正平等对待所有与你有公务关系的人，无畏无惧、不偏不倚。

• 熟悉《防止腐败法》中的条例规定和管理官员行为部门的政策与指导。

• 如果对想做的事情的分寸怀有疑问，请咨询你的上级。

Prevention of Corruption Act

• The Prevention of Corruption Act (PCA), was enacted in June 1960, to provide for the more effectual prevention of corruption. The law also empowers CPIB officers to investigate and arrest corrupt offenders. The PCA was amended a few times since its enactment. Through these amendments, punishments for corrupt offenders were enhanced and CPIB officers were given more investigative powers to make the fight against corruption easier.

•预防腐败法 (PCA),1960年 6 月颁布 ,以更有效的预防腐败。该法还授权 CPIB官员调查腐败和逮捕罪犯的权利。 PCA 制定以来修改了好几次。通过这些修正案 , 增强了惩罚腐败犯罪者的力度，并且 CPIB官员被赋予了更多的调查权力，这使得其反腐变得更加容易。

• Uunder Section 5 of the PCA, a person is guilty of a corruption offence when he, by himself, or in conjunction with any other person

• corruptly solicit, receive, or agree to receive any gratification for himself, or for any other person; or corruptly give, promise, or offer to any person any gratification, whether for the benefit of that person or of another person 。

• 无论是为自己还是为他人而索取 、接受或同意接收任何好处 ; 无论是为对方或另一人的利益而给予、承诺或向他人提供任何好处。

Under Section 26 of the PCA, any person who - 

• a. Fails to comply with any lawful demands of the Director or any officer in the execution of his duty under this Act;

• b. Refuses or neglects to give any information which may reasonably be required of him and which he has it in his power to give

• ----Shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both.

• a. 未能遵守法律要求或未能履行本法案要求的职责

• b. 在自己的职能范围内，拒绝或忽视他人合理的要求，不为他人提供相关信息

• ----即属犯罪，一经定罪，可被判罚款最高1 万元或监禁不超过一年或两者并罚。

Preventive Measures Against Corruption

Several administrative measures were taken to reduce the chances of public officers getting involved in corruption and wrongdoings. These measures included:

• replacing seconded police officers with permanent civilian investigators

• removing opportunity for corruption• streamlining administrative procedures• slashing down red tape• reviewing public officers' salaries to ensure that

they are paid adequately• reminding government contractors at the time of

signing that bribing public officers administering the contract can lead to termination of contract

Political will of leaders

After Independence in 1965, the new political leaders took it upon themselves to set good examples for public officers to follow by divesting themselves from financial and commercial ties and by working harder than their subordinates. 

• In 1979, Mr Lee Kuan Yew, then Prime Minister of Singapore stated : 

"The moment key leaders are less than incorruptible, less than stern in demanding high standards, from that moment the structure of administrative integrity will weaken, and eventually crumble. Singapore can survive only if ministers and senior officers are incorruptible and efficient... Only when we uphold the integrity of the administration can the economy work in a way which enables Singaporeans to clearly see the nexus between hard work and high rewards. Only then will people, foreigners and Singaporeans, invest in Singapore; only then will Singaporeans work to improve themselves and their children through better education and further training, instead of hoping for windfalls through powerful friends and relatives or greasing contacts in the right palces

• The law was revamped to give more powers to the Bureau and punishments for corruption offences were enhanced. In February 1960, then Minister for Home Affairs, Mr. Ong Pang Boon said in the Legislative Assembly:

"The Government is deeply conscious that a government cannot survive no matter how good its aims and intentions are, if corruption exists in its ranks and its public service on which it depends to provide the efficient and effective administrative machinery to translate its policies into action....... Therefore this government is determined to take all possible steps to see that all legislative and administrative measures are taken to reduce the opportunities of corruption, to make its detection easier and to deter and punish severely those who are susceptible to it and who engage in it shamelessly" 

Arising from firm action taken against corruption since self-government and independence, Singapore has gained prominence in being relatively corruption-free since the 1960s.