Unlawful Society Or Gang Activities

Gang activities

A gang is legally called an “unlawful society”, so long as it contains more than 10 people and is not registered with the authorities under the Societies Act. Any society using triad rituals (or having custody or control of any books, accounts, writings, seals, banners or insignia of or relating to any triad society or branch of a triad society) will automatically be deemed an unlawful society.

Am I legally a member of a gang?

Membership to a gang is not dependent on entry, membership fees, pacts, or contracts. The act of even spending time together with established gang members may put you at risk of prosecution.

The following are offences under the Societies Act, and the penalties they carry:

Manages or assists in the management

o Imprisonment for a term not exceeding 5 years.

Acts as a member of an unlawful society, or attends a meeting of an unlawful society

o Liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

Knowingly allowing a meeting of an unlawful society, or of members of an unlawful societyto be held in apremises belonging to or occupied by him

o Liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

It is easy to imagine you are not a member of a gang, especially when you are not privy to much information, but small actions like being present with gang members at gatherings and settlements and fights may implicate you in a way you ere not prepared for. In these cases, it is best to ensure your relationship with the gang remains legally acceptable – and it is best to seek the legal advice of Singaporean criminal lawyers.

Coming Soon – Video recording of interviews during investigations

The first quarter of 2016 shall mark another step towards greater criminal justice – the pilot of video recording interviews during investigations. The Singapore Police Force (SPF) and Central Narcotics Bureau (CNB) are going to consult stakeholders, and test the feasibility of video recording interviews.

This move is greatly welcomed by Singapore criminal lawyers and members of Parliament (MPs) alike, who pointed out the obvious advantages of video-recorded interviews.

There have been some cases where suspects alleged inappropriate behaviours by the police to challenge the validity of their statements.

With a video recording, courts can rely on this tool to determine the truth in a case through the disposition of the witness and the exact words used.

 

Interviews during the course of investigations are already being recorded in other countries such as United States, United Kingdom, Australia, and Hong Kong. Greater transparency of the interview process benefits both the police and suspects, as there will be less undue pressure given by police and false allegations by witnesses. Also, reducing unmeritorious claim will save costs and time of court.

Gloria James Civetta& Co specialises in criminal representation. If you wish to seek legal advice or legal representation, email us or call +65 63370469 now. 

Can I sue someone for defamation?

Defamation means making statements about another person that damages his/her reputation.

How do I sue someone for defamation?

First, you must show that you have suffered some loss that can be calculated in monetary terms. This means that you cannot sue someone simply because they have hurt your feelings or caused you to be socially ostracised. This is unless the other person has accused you of:

• Having committed a criminal offence punishable with imprisonment, whipping, or death,
• Having a contagious or infectious disease,
• Being unchaste or committed adultery (only if you are female), or
• Said words to deliberately discredit you in your profession/career/business.

Next, to show that there is defamation,

1. The statement or words must cause your situation in society to be worse-off
2. The defamatory remarks must refer to you
3. The defamatory words were made known to other people

However, there are many other considerations in whether a lawsuit for defamation can succeed. If you think you might become involved in a civil claim for defamation, you should contact a lawyer to determine your next steps.

At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our friendly lawyers, who will explain the civil claims procedure to you and assess your case. Kindly contact us at 63370469 or email us.

Directors' Duties: Loans to Directors

Companies (other than exempt private companies) are prohibited from granting loans or entering into any guarantee in relation to loans made to their directors or the directors of their related companies (section 162(1) of the Companies Act), except in circumstances prescribed in the statutory provision.

The director that authorised the loan or guarantee shall be guilty of an offence punishable with a fine up to $20,000 or with imprisonment for up to 2 years (section 162(4) of the Companies Act). 

The director may also be made to indemnify the company for any loss suffered as a result of the unauthorised grant.

Need help?

Want to know how to fulfill your statutory duties and to avoid criminal liability? It is recommended that you seek advice from our Singapore Commercial Lawyers at Gloria James-Civetta!

Are you facing potential charges? The trial process is often a mentally draining and challenging experience. You should seek a criminal defence lawyer to help you to present your case to the court in the best way possible. Not having a defence lawyer will put you at a great disadvantage. Should you have any questions or require legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email us at consult@gjclaw.com.sg. 

What does the offence of kidnapping entail?

What is the punishment for kidnapping in Singapore? Let GJC Law explain.

In Singapore, the offence of kidnapping is taken very seriously and this is reflected in Singapore’s criminal law.

1. KIDNAPPING

Under Singapore criminal law, specifically section 359 of the Penal code, there are 2 kinds of kidnapping. There is first, kidnapping from Singapore, and second, kidnapping from lawful guardianship.

The first kind of kidnapping (kidnapping from Singapore) is provided for in section 360 of the Penal code which states that whoever conveys any person beyond the limits of Singapore without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Singapore.

The second kind of kidnapping (kidnapping from lawful guardianship) is provided for in section 361 of the Penal code which states that 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. The words “lawful guardian” includes any person lawfully entrusted with the care or custody of such minor or other person.

An exception is made in the second kind of kidnapping for any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

2. PUNISHMENT FOR KIDNAPPING

Section 363 of the Penal code provides that whoever kidnaps any person from Singapore or from lawful guardianship, shall be punished with imprisonment for a term which may extent to 10 years, and shall also be liable to fine or caning.

It must also be noted that the punishment may differ if the kidnapping was done to further an ulterior motive. This is provided for in section 364 to 369 of the Penal code.

3. NEED HELP?

Kidnapping is a serious offence and the punishment accompanying this offence is extremely severe. Criminal Law in Singapore can be challenging and it is vital to have experienced criminal lawyers working with you. If you require assistance with any criminal matter, the criminal lawyers at Gloria James-Civetta are at hand. Our law firm has the best interests of clients at heart and is committed to giving clients sound legal advice. Please do not hesitate to contact us .

Should you have any questions or require legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg.

Criminal Law Firms in Singapore

Singapore Law firms specializing in criminal representation against crimes such as white collar, blue collar crimes focus on representing individuals who can afford their own Singapore criminal lawyer. If you are facing criminal charges in Singapore you will need to hire a specialist criminal lawyer to inform you of all the stages of the criminal process, assist you in understanding the possible penalties and work implications if you are a foreign worker in Singapore and represent you in court.

Because your liberty is at stake when facing criminal charges in Singapore, experienced criminal lawyers in Singapore are very skilled and knowledgeable about the laws and procedures involved.They will give you realistic expectations based on law and years of practice experience.

The costs of hiring a criminal lawyer firm will vary on the law firm's experience and track record. You may need to seek opinion from several lawyers to understand their approach and establish if they have expertise on the nature of the charges that you are facing. Always seek representation from the best Singapore criminal lawyers when your liberty is at stake.

Singapore criminal Lawyer– When you need the best

Miscellaneous crimes in Singapore

Singapore has one of the lowest crime rates in the world and this can be attributed to the strict laws we have in our jurisdiction. However, there are many miscellaneous crimes in which the general public may be unaware of. These miscellaneous offences fall under the Public Order and Nuisance Act and they include:

Drunkenness in Public Places

Any individual found intoxicated and unable to take care of himself in a public area, public roads, places of interests, the immediate vicinity of any courts, places of worship or police station etc, is liable to a fine of up to S$1,000 or imprisonment for not more than a month. For compounding or subsequent sentences, it is advisable for one to obtain legal advice from a Singapore criminal lawyer.

Soliciting in Public Places

Anyone who solicits or loiters in public areas for any immoral purpose, such as prostitution, may be liable to a fine of up to S$1,000 and in subsequent convictions, a fine of up to S$2,000 or imprisonment of up to six months of both. An individual who is charged or sentenced should seek legal advice from a criminal lawyer to determine how he can get his charges or sentence reduced. 

Touting

A person who solicits business persistently in any public area may be fined for an amount of S$1,000 to S$5,000 or imprisonment of up to 6 months or both. This includes soliciting business for himself or for another person. Subsequent convictions will result in a fine of S$2,000 to S$10,000 or imprisonment of up to one year or both.

Threatening, abusing or insulting a public servant. 

Using any indecent, threatening, abusive or insulting words or behaviour towards a public servant in the course of his duty is an offence. It is also an offense to distribute or display any writing, signs or visible representation which is indecent towards a public servant. Any person convicted under this offense will be liable to a fine not exceeding S$5,000 or imprisonment for a term not exceeding one year. 

At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the criminal law process and assess whether you meet the requirements to file for divorce in Singapore. Kindly contact us on 63370469 or email us