SINGAPORE Law and Practice Contributed by: Jason Lim, Sreenivasan Narayanan SC and Palaniappan Sundararaj, Sreenivasan Chambers LLC
4. Prosecution and Trial Process 4.1 Initiating a Prosecution Initiation of Financial Crime Prosecutions
3.8 Greenwashing and Environmental Pollution Violations Singapore does not have standalone legislation specifically labelled as dealing with “greenwashing offences”. However, such conduct is regulated under general consumer protection and advertising laws. The key framework is the Consumer Protection (Fair Trading) Act 2003 (CPFTA). Under the CPFTA, it is an unfair practice for a supplier to do or say anything; or omit to do or say anything if this results in a consumer being reasonably deceived or misled. This can include misleading environmental or sustainability-related claims (commonly referred to as “greenwashing”). Enforcement and Remedies Consumers may bring civil claims against suppliers under Section 6 (1) of the CPFTA. Remedies include restitution, damages or other civil relief ordered by the court. Enforcement is primarily civil and regulatory rather than criminal. Environmental Pollution and Regulatory Offences The Environmental Protection and Management Act 1999 regulates air, water and noise pollution, as well as hazardous substances. The offences include unlawful discharge of pollutants and unauthorised handling or import of hazardous substances. The penalties may include fines of up to SGD50,000 or higher depend - ing on the offence and/or imprisonment of up to two years. The Transboundary Haze Pollution Act 2014 criminal - ises conduct by entities (including foreign entities) that contribute to haze pollution affecting Singapore. The penalties include fines of up to SGD100,000 per day of non-compliance. The Carbon Pricing Act 2018 introduces a carbon tax regime for industrial facilities emitting greenhouse gases above prescribed thresholds. Non-compliance may result in financial penalties and enforcement action by regulators.
Financial crime prosecutions in Singapore are typically initiated following investigations by specialist enforce - ment agencies, like the Commercial Affairs Depart - ment (CAD) for financial and commercial crimes, or the Corrupt Practices Investigation Bureau (CPIB) for corruption-related offences. For market miscon - duct and securities-related offences, the Monetary Authority of Singapore may also conduct preliminary investigations and may work jointly with CAD under established joint-investigation arrangements. Investigations generally involve: • recorded interviews of suspects under the Criminal Procedure Code 2010; • seizure of documents and electronic devices; and • in serious cases, dawn raids on residential or busi - Criminal proceedings are typically initiated by the fil - ing of a formal charge in court, which is read to the accused person. Decision to Prosecute and Prosecutorial Discretion The decision to prosecute lies exclusively with the Attorney-General’s Chambers (AGC), acting as Pub - lic Prosecutor, under Article 35 (8) of the Constitution of the Republic of Singapore. This power includes the discretion to: • institute proceedings; ness premises to secure evidence. Commencement of Proceedings The AGC makes prosecutorial decisions based on investigative findings submitted by enforcement agen - cies such as CAD, CPIB or MAS. In this connection, prosecutorial discretion applies to both individuals and corporate entities. The Public Prosecutor may choose to prosecute individuals only or both individuals and companies. • conduct prosecutions; or • discontinue proceedings.
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