2024 WLG Whisteblower Guide: Singapore
Is there a law to protect whistleblowers? If so, which law?
There is presently no overarching legislation in Singapore protecting whistleblowers. However, statutes containing provisions affording protection for specific reports exist. Examples of such statutes include the Prevention of Corruption Act 1960 ("PCA") and the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, which protect the identity of informers.
Are companies legally obliged to introduce a whistleblowing system?
There is no legislation mandating companies establish a whistleblowing system. However, companies listed on the Singapore Stock Exchange (SGX) are required by the SGX Listing Rules to establish and maintain a whistleblowing policy that sets out procedures for a whistleblower to make a report on the listed issuer regarding misconduct or wrongdoing related to the listed issuers or its officers.
If so, which companies must introduce a whistleblowing system (number of employees, turnover, sector)?
See the answer to Question 2 above.
What forms can a whistleblowing system take (written, verbal, email, electronic tool)?
There are no legal requirements on the form of the whistleblowing system though these are typically in writing.
Which reports must be permitted?
There are no legal requirements on reports that must be permitted. Knowingly making a false report to the authorities may, however, be an offense.
Must anonymous reporting be guaranteed?
As set out in Question 1 above, there is legislation protecting the identity of informers. Such protection may not be absolute, however. Under the PCA, for instance, if it is found that the informer knowingly made a false statement or where the Court believes that justice cannot be done without revealing the informer's identity, the informer’s identity may be disclosed.
The SGX Listing Rules require issuers to demonstrate how they ensure that the identities of whistleblowers are kept confidential.
Who must be able to provide information (only employees or also external third parties)?
There is no legislation prescribing the persons who can provide information under the whistleblowing system.
Can companies rely on one centralized hotline or is it necessary to have one hotline for each subsidiary?
There is no legislation in Singapore prescribing whether each subsidiary needs its own hotline. The SGX Listing Rules also do not expressly provide for this.
Can a whistleblowing system also be operated by an external body (e.g. consultant)?
There is no legislation in Singapore prescribing the requirements of the whistleblowing system. There is correspondingly no prohibition against appointing an external body to operate a whistleblowing system and companies in Singapore do appoint such independent external parties to do so.