(2) A person mentioned in paragraph (1) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.
(3) To avoid doubt, this regulation does not affect the application of Chapters 5 and 5A of the Penal Code 1871.
(4) To avoid doubt, paragraph (1) does not affect the liability of a corporation for an offence under these Regulations, and applies whether or not the corporation is convicted of the offence.
(5) In this regulation—
- “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005;
- “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes—
- (a) any person purporting to act in any such capacity; and
- (b) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
- “partner” includes a person purporting to act as a partner.
Composition of offences
39.—(1) An offence under these Regulations may be compounded by an authorised officer in accordance with section 243 of the Criminal Procedure Code 2010.
(2) An authorised officer may compound an offence under these Regulations by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding $2,000.
