jurisdiction

Source  of law Prevention  of  Corruption Act 1960 ("PCA")  Penal Code 1871 
Offence Corruption through obtaining gratification as an inducement or reward. 

The Penal Code provides for offences against: 

  1. a public servant for taking gratification other than legal remuneration, in respect of any official act 
  2. a person taking gratification in order, by corrupt or illegal means, to influence a public servant 
  3. a person taking gratification, for the exercise of personal influence with a public servant 
  4. a public servant obtaining any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by such public servant  
  5. the bribery of witness;

and the abetment of any of the above offences.

The bribe  
Is there a presumption that any advantage was given/received corruptly? Yes (only for gratification given to a person in the employment of the government or a public body)  No
Would facilitation payments be caught? 

 

Yes  

 

Yes  

Would corporate hospitality be caught? 

 

Yes  

 

Yes  

Is there any de minimis? NoNo
Does the bribe have to be monetary? NoNo 
Public officials  
Does the offence only apply to bribing public officials? NoYes (except bribery of a witness) 
Acts  performed  outside Singapore  
Can bribery performed outside Singapore be caught? Yes (if committed by a Singapore citizen) 

 

Yes  

Does the act also need to be illegal in the foreign country of performance? NoNo
Who can be liable  
Singapore national? 

 

Yes  

 

Yes  

Company incorporated in Singapore? 

 

Yes  

 

Yes  

Partnership (including limited liability partnership) incorporated in Singapore? 

 

Yes  

 

Yes  

Director of company incorporated in Singapore? 

 

Yes  

 

Yes  

Company incorporated in Singapore if the bribe is committed abroad by its foreign subsidiary? Yes (where the company incorporated in Singapore was acting in conjunction with the foreign subsidiary) No   
Foreign subsidiary of a company incorporated in Singapore if the bribe is committed abroad? Yes   No 
Foreign national / company / partnership if bribe is committed in Singapore? 

 

Yes  

No 
Foreign national domiciled or “ordinarily resident” in Singapore if bribe is committed outside Singapore? Yes  No   
Foreign company / partnership if bribe is committed abroad? No No
Penalties  
Penalties include: 
  • Imprisonment up to seven years 
  • Fine up to SGD 100,000 
  • Confiscation of benefits from under the Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act 1992 (“CDTSCA”)
  • When a corrupt offender is convicted, the Court shall also order the offender to pay a penalty equivalent to the amount of bribes the offender received. 
  • Imprisonment up to three years and/ or fine in relation to corruption of public servants 
  • Seven years and/or fine for bribery of witnesses 
  • Confiscation of benefits under the CDTSCA
Defences  
Are there any defences available? NoNo