Significantly, a new civil penalty of up to S$10 million gives the authorities the option to choose to pursue an action that could succeed on the balance of probabilities. That matters, because the criminal standard of needing to demonstrate an offence was committed beyond reasonable doubt can sometimes set the evidential bar too high for cross-border prosecutions such as these.
A trial-in-absentia provision closes another gap. If an accused served with a notice to attend court fails to appear, the court may proceed without them, provided they were warned this could happen.
Companies cannot later have such proceedings set aside. Playing hide and seek with the law is no longer a viable strategy.
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