Page:Moneylenders Act 2008.pdf/31

Rh :(b) commits any act likely to cause alarm or annoyance to his borrower or surety, any member of the family of the borrower or surety, or any other person, in connection with the loan to the borrower, whether or not the unlicensed moneylender does the act personally or by any person acting on his behalf, the unlicensed moneylender shall be guilty of an offence and shall be liable on conviction—
 * (i) in the case where the offender is a body corporate, to a fine of not less than $8,000 and not more than $80,000; and
 * (ii) in any other case—
 * (A) to a fine of not less than $4,000 and not more than $40,000 or to imprisonment for a term not exceeding 3 years or to both; and
 * (B) in the case of a second or subsequent offence, to a fine of not less than $4,000 and not more than $40,000 and shall also be punished with imprisonment for a term not exceeding 6 years.

(2) Subject to subsection (3), any person who, acting on behalf of an unlicensed moneylender, commits or attempts to commit any of the acts specified in subsection (1) shall be guilty of an offence and—
 * (a) in the case of a first offence, shall be liable on conviction to a fine of not less than $4,000 and not more than $40,000 or to imprisonment for a term not exceeding 3 years or to both; and
 * (b) in the case of a second or subsequent offence, shall be liable on conviction to a fine of not less than $4,000 and not more than $40,000 and shall also be punished with imprisonment for a term not exceeding 6 years.

(3) Subject to section 231 of the Criminal Procedure Code (Cap. 68)—
 * (a) a person who is convicted for the first time of an offence under subsection (1) or (2) shall also be liable to be punished with caning—
 * (i) with not more than 4 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, damage was caused to any property;