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Contents

Long Title

Part I PRELIMINARY

Part II ENTRY INTO AND DEPARTURE FROM SINGAPORE

Part IIA SINGAPORE VISAS FOR NON-CITIZENS

Part III ENTRY AND RE-ENTRY PERMITS

Part IV PROCEDURE ON ARRIVAL IN AND DEPARTURE FROM SINGAPORE

Part V REMOVAL FROM SINGAPORE

Part VA OBLIGATIONS RELATING TO IDENTIFYING INFORMATION

Part VI MISCELLANEOUS

THE SCHEDULE Personal Identifiers

Legislative History

 
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PART VI
MISCELLANEOUS
Performance of duties of immigration officers
37.
—(1)  Immigration officers appointed under this Act shall perform the duties imposed on them by this Act and the regulations, and shall also perform such duties as are required of them by the Controller, either directly or through any other officer.
(2)  No action taken by any such officer under or for any purpose of this Act shall be deemed to be invalid or unauthorised by reason only that it was not taken by the officer specially appointed or detailed for the purpose.
(3)  Every immigration officer shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224).
Authority of immigration officer to arrest and prosecute
38.
—(1)  Every immigration officer appointed under this Act shall have the authority and powers of a police officer to enforce any of the provisions of this Act relating to arrest, detention or removal.
(2)  Every immigration officer shall have the authority to appear in court and conduct any prosecution in respect of any offence under this Act or the regulations.
(3)  In any case relating to the commission of an offence under this Act or the regulations, an immigration officer shall have all the powers of a police officer under the Criminal Procedure Code (Cap. 68) in relation to an investigation into a seizable offence.
[34/98]
Immigration officer to be armed
38A.  Every immigration officer shall be provided with such batons, arms, ammunition and other accoutrements as may be necessary for the effective discharge of his duties.
[53/2004]
Power to summon witnesses, etc.
39.
—(1)  The Controller may, for the purpose of any inquiry under this Act, summon and examine witnesses on oath or affirmation, and may require the production of documents relevant to the inquiry.
(2)  Any person summoned as a witness under subsection (1) who fails, without reasonable excuse, to attend at the time and place mentioned in the summons, or who, having attended, refuses to answer any question that may lawfully be put to him or to produce any document which it is in his power to produce, shall be guilty of an offence.
Exclusion of judicial review
39A.
—(1)  There shall be no judicial review in any court of any act done or decision made by the Minister or the Controller under any provision of this Act except in regard to any question relating to compliance with any procedural requirement of this Act or the regulations governing that act or decision.
[38/93]
(2)  In this section, “judicial review” includes proceedings instituted by way of —
(a)
an application for a Mandatory Order, a Prohibiting Order or a Quashing Order;
(b)
an application for a declaration or an injunction;
(c)
an Order for Review of Detention; and
(d)
any other suit or action relating to or arising out of any decision made or act done in pursuance of any power conferred upon the Minister or the Controller by any provision of this Act.
[38/93; 42/2005]
Duty of police officers to execute orders
40.  Every police officer shall, when so requested by an immigration officer, receive and execute according to the tenor thereof any written order of the Controller, and any warrant of the Controller for the arrest, detention or removal of any person made under the provisions of this Act.
Restriction on discharge of member of crew
41.
—(1)  When any seaman is about to be or is discharged or paid off in Singapore, the master, owner, charterer or agent shall so notify the Controller.
(2)  No member of a crew who has been discharged or paid off shall be left in Singapore unless either —
(a)
he is a citizen of Singapore; or
(b)
he is in possession of a valid permit or pass.
(3)  Where there has been any contravention of subsection (2), the master, owner, charterer, agent or consignee of the vessel, aircraft or train in which the person concerned was employed shall be liable for the maintenance of that person and for the cost of his repatriation to his place of birth or citizenship or, if the master, owner, charterer, agent or consignee so elects, to such other place as may be approved by the Controller.
[38/93]
Signing on or bringing as member of the crew any person with intent to land contrary to this Act
42.  Any transportation company and any person, including the master and the owner of a vessel, aircraft or train arriving in Singapore, who —
(a)
has knowingly signed on the ship’s articles or brought to Singapore as a member of the crew of the vessel, aircraft or train any person with intent to permit that person to enter Singapore contrary to the provisions of this Act or the regulations; or
(b)
represents to an immigration officer that that person is a bona fide member of the crew of the vessel, aircraft or train,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 and not less than $200 in respect of each such person.
[38/93]
Security to prevent unlawful landing
43.
—(1)  An immigration officer may demand security from the master, owner, charterer or agent or consignee of any vessel, aircraft or train from which he has reasonable grounds to believe that any person is about to disembark in or enter Singapore in contravention of the provisions of this Act or the regulations, and may refuse to release the vessel, aircraft or train from examination until the security is furnished.
[38/93]
(1A)  Notwithstanding subsection (1), an immigration officer may demand security from the master, owner, charterer or agent of any vessel to ensure that no member of the crew of the vessel shall disembark in or enter Singapore in contravention of the provisions of this Act or the regulations, and may refuse to release the vessel from examination until the security is furnished.
[53/2004]
(2)  The Controller may, if satisfied that any person has disembarked in or entered Singapore from any vessel, aircraft or train, in respect of which security has been furnished under subsection (1) or (1A), in contravention of any provisions of this Act or the regulations, direct the forfeiture of the security or any part thereof.
[38/93; 53/2004]
(3)  The Controller shall not direct the forfeiture of any security under subsection (2) if he is satisfied that the master, owner, charterer, agent or consignee took every reasonable precaution to prevent any person from so disembarking in or entering Singapore.
(4)  The security under subsection (1) or (1A) shall be given in such manner and form as the Controller may determine and may be by bond, guarantee, cash deposit or any other method, or by 2 or more different methods.
[2/2007]
Reports as to persons failing to continue their journey
44.
—(1)  Where any through passenger on or member of the crew of any vessel, aircraft or train fails to continue his journey in the vessel, aircraft or train in circumstances from which it may reasonably be inferred that the passenger or member of the crew has remained in Singapore, the master of the vessel, aircraft or train, as the case may be, shall notify an immigration officer or a police officer of the failure of the passenger or member of the crew to continue his journey.
[21/73; 38/93]
(2)  A master of a vessel, an aircraft or a train who fails to comply with subsection (1) shall be guilty of an offence.
Repatriation
45.
—(1)  Any person residing in Singapore who —
(a)
is not a citizen of Singapore;
(b)
is by reason of destitution, infirmity or mental incapacity, unable to obtain employment or to support himself and his family (if any);
(c)
is unable to pay the cost of his passage and of the passages of his family (if any) to the country of his birth or citizenship; and
(d)
is or is likely to become a charge upon the public or on a charitable institution,
may apply to the Controller for the repatriation of himself and his family (if any) at the cost of the Government.
(2)  Upon an application under subsection (1), if the Controller is satisfied, after such inquiry as he thinks necessary, that the person has or is about to become a charge on the public or on a charitable institution and is unable to pay the cost of the repatriation of himself and his family (if any) and that no government, organisation, company or person is liable or willing to pay the cost of repatriation, the Controller may authorise the payment of the cost subject to the condition specified in subsection (3).
(3)  Any person repatriated at the cost of the Government shall enter into an undertaking, in such form as may be prescribed, that he will not return to Singapore without the sanction in writing of the Controller.
(4)  Such sanction shall be conditional upon the person refunding to the Controller all costs and charges incurred in the repatriation of the person and his family (if any) and shall be subject to such other conditions as the Controller may consider expedient.
(5)  Any person repatriated at the cost of the Government under this section who enters or attempts to enter Singapore without the sanction of the Controller under subsection (3), or who having entered Singapore with such sanction, fails or neglects to comply with any condition upon which the sanction was given, shall be guilty of an offence.
Masters, owners, etc., liable for expenses
46.
—(1)  If any person —
(a)
enters Singapore from any vessel, aircraft or train contrary to the provisions of this Act or the regulations; or
(b)
disembarks from any vessel, aircraft or train on which he has been re-embarked or to which he has been returned under section 19, 20, 24, 25 or 25A,
the master, owner, charterer and agent thereof shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of the person and his removal from Singapore.
(2)  The expenses shall be recoverable as a debt due to the Government from the master, owner, charterer and agent of the vessel, aircraft or train jointly and severally.
[38/93]
Obligation to afford free passage
47.
—(1)  When an order of removal is made under the provisions of this Act in respect of any person who has entered Singapore contrary to the provisions of this Act or the regulations, and the person was brought to Singapore in a vessel, an aircraft or a train, the master of the vessel, aircraft or train, and also the master of any vessel, aircraft or train belonging to the same owners or chartered by the same charterers, shall, if required in writing by the Controller, receive the person on board his vessel, aircraft or train and afford him free of charge a passage to the port or place at which the person embarked for Singapore or to any other port or place designated by the Controller and proper accommodation and maintenance during the voyage, flight or journey.
[38/93]
(2)  No master shall be liable under subsection (1) unless the order of removal has been made by the Controller within 12 months from the date on which the person entered Singapore.
(3)  A master of a vessel, an aircraft or a train who fails to comply with this section shall be guilty of an offence.
[38/93]
Seizure of moneys for purposes of repatriation, etc.
47A.
—(1)  A prohibited immigrant shall be liable to pay to the Government a sum sufficient to cover all expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Singapore of himself and his dependants.
[53/2004]
(2)  For the purposes of subsection (1), the Controller may order a prohibited immigrant to be searched and that all moneys found on him when so searched be seized and used by the Controller to meet the expenses which have been incurred or may be incurred by the Government under that subsection.
[53/2004]
(3)  Where any sum seized under subsection (2) is in excess of the total amount of expenses for which the prohibited immigrant is liable under subsection (1), the balance of the moneys shall be returned to him.
[53/2004]
(4)  The Controller may seize moneys under subsection (2) notwithstanding that the prohibited immigrant has not been charged with nor convicted of an offence.
[53/2004]
(5)  Any person who claims to be the legal owner of any moneys seized under subsection (2) (other than the prohibited immigrant from whom the moneys were seized) may, within 6 years from the date of seizure, apply to the Controller in such form and manner as may be prescribed for the moneys seized to be returned to him.
[53/2004]
(6)  Notwithstanding the provisions of any written law, the moneys seized under subsection (2) (except any excess moneys which have been returned to the prohibited immigrant under subsection (3)) shall not be liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than to meet the expenses referred to in subsection (1) or any claim made under subsection (5).
[53/2004]
Power to detain vessel
48.
—(1)  The Controller may by writing under his hand authorise the Director of Marine to detain any vessel in connection with which an offence under this Act is reasonably believed to have been or to be about to be committed, and the vessel may then be detained either at the place where it is found or at any place to which the Controller may order it to be brought.
(1A)  The Controller shall give notice to the master, owner, charterer or agent of the vessel of the detention of the vessel.
(2)  For the purposes of the detention and other lawful dealing with the vessel, the Director of Marine shall have power to muster the crew and may, if he considers it necessary to do so, place a police guard on board.
(3)  The detention shall be for safe custody only, and shall cease if a bond with 2 sufficient sureties to the satisfaction of the Controller is given by the master, owner, charterer or agent of the vessel for the payment of any fine, costs, expenses or charges incurred under this Act in respect of any offence or default thereunder.
[38/93]
(4)  If default is made in the payment of any such fine, costs, expenses or charges, the Director of Marine may seize the vessel and the vessel shall be declared forfeited to the Government by order of a court of competent jurisdiction upon the application of the Attorney-General.
(4A)  Any vessel so forfeited shall be sold free of all encumbrances.
[38/93]
(5)  The proceeds of sale of a vessel under this section shall, notwithstanding any rule of law relating to priority of claims, be applied first in payment of any fine, costs, expenses or charges incurred under this Act and of any costs incurred in and about the sale and the proceedings leading thereto, and the balance shall be paid to the owner of the vessel or other person lawfully entitled to the proceeds thereof.
[38/93]
(6)  Section 3(1)(r) of the High Court (Admiralty Jurisdiction) Act (Cap. 123) shall be construed as extending to any claim in respect of a liability incurred by the owner of a vessel under this Act.
[38/93]
Power to seize, detain and forfeit vessels below 76 tons or vehicles
49.
—(1)  Any vessel below 76 tons or any vehicle that is used, or in respect of which there is reasonable cause to suspect that it has been or that it is about to be used, in the commission of any offence under this Act or the regulations may be seized and detained at any place either on land or in the territorial waters of Singapore —
(a)
by the Controller, or any immigration officer authorised in that behalf by the Controller in writing under his hand; or
(b)
by any police officer authorised in that behalf by a Deputy Commissioner of Police in writing under his hand.
[34/98; 53/2004]
(2)  The seizing officer shall immediately give notice in writing of the seizure and the grounds thereof to the owner, charterer or agent of the vehicle or vessel so seized or detained, either by delivering the notice to him in person or by post at his place of office or abode, if known.
(3)  The notice under subsection (2) shall not be required to be given where the seizure or detention is made in the presence of or with the knowledge of the offender or the owner or his agent, as the case may be.
[60/73]
(4)  Any vehicle or vessel liable to seizure or detention under subsection (1) shall be liable to forfeiture.
[60/73]
(5)  An order for the forfeiture or for the release of any vehicle or vessel liable to forfeiture under this section shall be made by the court before which the prosecution with regard thereto has been held.
[60/73]
(6)  Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that an offence under this Act or the regulations has been committed and that the vehicle or vessel was used in the commission of the offence, the court shall make an order for the forfeiture of the vehicle or vessel, notwithstanding that no person may have been charged with or convicted of the offence.
[53/2004]
(6A)  No vehicle or vessel shall be forfeited under this section if it is established by the owner thereof that the vehicle or vessel was unlawfully in the possession of another person without the consent of the owner.
[53/2004]
(7)  The Controller may sell any vehicle or vessel forfeited under this section.
(8)  The proceeds of the sale shall, after payment of the expenses of the sale, be applied in payment of any fine, costs or charges incurred under this Act and any balance remaining shall be paid into the Consolidated Fund.
[60/73]
Power of interrogation
50.
—(1)  Any person reasonably believed to be a person liable to removal from Singapore under any of the provisions of this Act may be questioned by an immigration officer.
(2)  The person shall fully and truthfully answer all questions and enquiries put to him by the immigration officer tending, directly or indirectly, to establish his identity, nationality or occupation or bearing on any of the restrictions contained in this Act or the regulations, and shall disclose and produce to that officer on demand all documents in his possession relating to those matters.
(3)  All such answers and documents shall be admissible in evidence in any proceedings under this Act against the person making or producing the same.
(4)  Nothing in this section shall be construed as rendering any such answers inadmissible in any other proceedings in which they would otherwise be admissible.
Power of search and arrest
51.
—(1)  Any immigration officer or any other officer generally or specially authorised in writing in that behalf by the Controller, and any officer of the Singapore Customs acting under the instructions of such immigration officer, and any police officer may without a warrant and with or without assistance —
(a)
enter and search any premises; and
(b)
stop and search any vehicle, train, vessel or person, or search any aircraft, whether in a public place or not,
if he has reason to believe that any evidence of the commission of an offence under this Act or the regulations is likely to be found on the premises or person or in the vehicle, vessel, aircraft or train, and may seize any evidence so found.
[21/73; 13/77; 38/93; 4/2003]
(2)  No woman shall be searched under this section except by a woman.
(3)  Any police officer, immigration officer or customs officer may arrest without warrant any person whom he reasonably believes has committed an offence under this Act or the regulations.
(4)  Where any person is arrested by an immigration officer or customs officer under subsection (3), the immigration officer or customs officer shall comply with sections 35 and 36 of the Criminal Procedure Code (Cap. 68) as if he were a police officer.
Person registered under Enlistment Act
52.
—(1)  An immigration officer may prevent any person from leaving Singapore and require him to surrender his passport to him if he has reason to believe that that person is a person subject to the Enlistment Act (Cap. 93) who has been registered under section 3 of that Act or is deemed to be registered or is liable to be registered under that Act and is attempting to leave Singapore without an exit permit issued by the proper authority.
[13/77]
(2)  For the purposes of this section, “person subject to the Enlistment Act” and “proper authority” shall have the meanings assigned to them by the Enlistment Act (Cap. 93).
Registration of particulars for purposes of identification
53.  The provisions of the Registration of Criminals Act (Cap. 268) relating to persons ordered to be expelled from Singapore shall apply to persons ordered to be removed from Singapore under the provisions of this Act or persons who have been found guilty of an offence under section 57(1)(a), (b), (c), (d) or (e), and for the purpose of so applying that Act an immigration officer shall be deemed to be a police officer.
[13/77]
Counterfoils, etc., to be prima facie evidence
54.  In any proceedings under this Act or at the hearing of any charge for an offence under this Act, any counterfoil or counterpart of any permit, pass, certificate or other document issued under this Act or the regulations and purporting to be signed by the Controller or by an immigration officer generally or specially authorised in that behalf by the Controller may be produced in evidence without further proof and shall be prima facie evidence of the facts therein stated and shall, unless the contrary be proved, be presumed to be a true statement of the relevant contents of the permit, pass, certificate or other document to which it relates.
[13/77]
Regulations
55.
—(1)  The Minister may make regulations not inconsistent with the provisions of this Act for all or any of the following purposes:
(a)
prescribing anything which is to be or may be prescribed under the provisions of this Act;
(b)
prescribing the forms to be used for the purposes of this Act;
(c)
prescribing —
(i)
the period for which permits shall be valid;
(ii)
the terms and conditions subject to which any person (other than a person referred to in sub-paragraph (v)) may be granted a permit and the authority who may issue permits;
(iii)
the terms and conditions subject to which any person (other than a person referred to in sub-paragraph (v)) may be granted a pass entitling him to enter and remain temporarily within Singapore, the period for which any pass may be granted, the classes of passes and the authority who may issue passes;
(iv)
the terms and conditions subject to which any person may be granted a certificate of status entitling him to enter Singapore, the period for which the certificate may be granted and the authority who may issue such certificates;
(v)
the terms and conditions subject to which any person who has ceased to be a citizen of Singapore may be granted a permit or a pass entitling him to enter, re-enter or remain temporarily within Singapore, including but not limited to the period for which such a permit or pass may be granted, the classes of such permits and passes and the authority who may issue such permits or passes;
(d)
providing for the payment and recovery of any expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Singapore of any person under the provisions of this Act;
(e)
prescribing the place where, the person to whom and the manner in which application to enter Singapore shall be made;
(ea)
providing for the circumstances for granting Singapore visas and the conditions subject to which a Singapore visa may be granted;
(eb)
providing for the manner in which personal identifiers (within the meaning of Part VA) are obtained and kept;
(f)
prescribing the procedure to be followed by persons entering Singapore;
(g)
prescribing the procedure to be followed by authorities in the exercise of their functions under this Act;
(ga)
providing for the taking or recording of any personal identifier of —
(i)
any person who applies for or has been issued with a permit or pass;
(ii)
any person suspected or have been convicted of an offence under section 5, 6(1), 15 or 36 or the regulations; or
(iii)
any prohibited immigrant;
(h)
governing the procedure to be followed and the fees and costs to be paid on any appeal;
(i)
providing for a deposit or security to be made or given by or in respect of any person as a condition of, or for the grant of, an entry permit, a re-entry permit or a pass to him and the conditions subject to which the deposit or security may be forfeited;
(j)
prescribing the fees to be charged upon the issue of any entry permit, re-entry permit, certificate or pass;
(k)
prescribing the penalties not exceeding imprisonment for 6 months or a fine of $1,000 or both for the breach of the regulations; and
(l)
generally for the better carrying into effect of the purposes and provisions of this Act.
[34/98; 53/2004; 33/2007]
(2)  All regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
(3)  If a resolution is passed within the next 3 months after the regulations are so presented disapproving the regulations or any part thereof, the regulations or such part thereof, as the case may be, shall thenceforth cease to have effect but without prejudice to the validity of anything previously done thereunder.
Power to exempt from provisions of this Act
56.
—(1)  Notwithstanding anything in this Act, the Minister may by order exempt any person or class of persons, either absolutely or conditionally, from all or any of the provisions of this Act and may in that order provide for any presumptions necessary in order to give effect thereto.
(2)  Every order made under this section which relates to a class of persons shall be published in the Gazette.
Offences
57.
—(1)  Any person who —
(a)
attempts unlawfully to enter Singapore in contravention of any provision of this Act, other than section 6(1), or the regulations;
(aa)
abets any person to enter Singapore in contravention of the provisions of this Act or the regulations;
(b)
abets any person to leave Singapore in contravention of the provisions of this Act or the regulations;
(c)
engages in the business or trade of conveying to or out of Singapore in or on any vehicle, vessel, aircraft or train any person whom he knows or has reasonable grounds for believing is a prohibited immigrant;
(d)
harbours a person —
(i)
whom the defendant knows has acted in contravention of the provisions of this Act or the regulations;
(ii)
with reckless disregard as to whether he has acted in contravention of the provisions of this Act or the regulations; or
(iii)
negligently failing to ascertain as to whether he has acted in contravention of the provisions of this Act or the regulations;
(e)
employs any person who has acted in contravention of section 6(1), 15 or 36 or the regulations;
(f)
makes or causes to be made any false report, false statement or false representation in connection with any obligation imposed by the provisions of this Act or the regulations;
(g)
resists or obstructs, actively or passively, any immigration officer in the execution of his duty;
(h)
without lawful excuse hinders or obstructs any removal under the provisions of this Act;
(i)
gives, sells or parts with possession of any entry or re-entry permit, pass, Singapore visa or certificate in order that it may be used in contravention of paragraph (j);
(j)
uses any entry or re-entry permit, pass, Singapore visa or certificate issued to any other person as if it had been lawfully issued to himself;
(k)
by making a false statement obtains or attempts to obtain an entry or a re-entry permit, pass, Singapore visa or certificate for himself or for any other person; or
(l)
uses or without lawful authority has in his possession any forged, unlawfully altered or irregular entry or re-entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations, or any permit, pass, Singapore visa or certificate or other document so issued on which any endorsement has been forged or unlawfully altered,
(m)
[Deleted by Act 53 of 2004]
shall be guilty of an offence and —
(i)
in the case of an offence under paragraph (a), shall be punished with imprisonment for a term not exceeding 2 years and shall also be liable to a fine not exceeding $4,000;
(ia)
in the case of an offence under paragraph (aa), shall be punished with imprisonment for a term of not less than 6 months and not more than 2 years, and —
(A)
where the offence is abetted within the meaning of section 107(b) or (c) of the Penal Code (Cap. 224) and the offence abetted is punishable with caning, shall also, subject to section 231 of the Criminal Procedure Code (Cap. 68), be punished with caning with not less than 3 strokes; or
(B)
in any other case, shall also be liable to a fine not exceeding $6,000;
(ii)
subject to subsection (1A), in the case of an offence under paragraph (b) or (e), shall be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000;
(iii)
in the case of an offence under paragraph (c), shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and shall also be punished, subject to section 231 of the Criminal Procedure Code (Cap. 68), with caning with not less than 3 strokes;
(iv)
in the case of an offence under paragraph (d)(i) or (ii), shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000;
(v)
in the case of an offence under paragraph (d)(iii), shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both; and
(vi)
in the case of an offence under paragraph (f), (g), (h), (i), (j), (k) or (l), shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both.
[12/70; 60/73; 13/77; 35/84; 34/89; 38/93; 41/95; 34/98; 53/2004; 33/2007; S 22/89; S 227/95]
(1A)  Where, in the case of any offence under subsection (1)(e), it is proved to the satisfaction of the court that the defendant has at the same time employed more than 5 immigration offenders, the defendant shall be punished, subject to section 231 of the Criminal Procedure Code (Cap. 68), with caning in addition to the punishment prescribed for that offence.
[41/95]
(1B)  Where, by virtue of section 231 of the Criminal Procedure Code (Cap. 68), the defendant referred to in subsection (1A) is not punishable with caning, he shall, in lieu of caning, be punished with a fine not exceeding $10,000.
[34/98]
(2)  Where a body corporate is guilty of an offence under subsection (1)(e) and that offence is proved to have been committed with the authority, consent or connivance of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
[35/84]
(2A)  Where a body corporate is guilty of an offence under this Act for which a period of mandatory imprisonment or mandatory caning is prescribed, the body corporate shall, in lieu of imprisonment or caning, be liable on conviction to a fine of not less than $100,000 and not more than $200,000.
[41/95; 34/98]
(3)  Any person unlawfully entering or re-entering or attempting unlawfully to enter or re-enter Singapore or unlawfully remaining in Singapore shall, whether or not any proceedings are taken against him in respect of that offence, be liable to be removed from Singapore by order of the Controller.
(4)  Where the master of any vessel is charged with an offence under this Act, the clearance of the vessel may be refused until the charge has been heard and the fine (if any) imposed has been paid.
(5)  Where, in any proceedings under this Act or the regulations, it is proved that the defendant has failed to produce on demand by an immigration officer or a police officer —
(a)
any valid permit, pass or certificate issued to him under this Act or the regulations;
(b)
any other document accepted by the Controller as evidence that the defendant has entered or remained in Singapore lawfully; or
(c)
any other evidence showing to the satisfaction of the Controller that the defendant is exempted from section 6(1),
it shall be presumed, until the contrary is proved, that he has, as the case may be, entered or re-entered or remained in Singapore unlawfully.
(6)  Where, in any proceedings for an offence under subsection (1)(c), it is proved that the defendant has conveyed any prohibited immigrant in any vehicle, vessel, aircraft or train, it shall be presumed, until the contrary is proved, that he is engaged in the business or trade of conveying to Singapore in or on that vehicle, vessel, aircraft or train that prohibited immigrant knowing him to be, or having reasonable grounds for believing him to be, a prohibited immigrant.
[60/73; 38/93]
(7)  Where, in any proceedings for an offence under subsection (1)(d)(ii) or (iii), it is proved that the defendant has given shelter to an immigration offender, it shall be presumed, until the contrary is proved, that the defendant has harboured him with reckless disregard as to whether he is an immigration offender or negligently failing to ascertain as to whether he is an immigration offender, as the case may be.
[53/2004]
(7A)  In any proceedings for an offence under subsection (1)(d)(ii) or (iii), it shall not be a defence for the defendant to prove that the immigration offender harboured was in possession of a permit or pass issued to the immigration offender under this Act or the regulations unless the defendant further proves that he had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations.
[53/2004]
(7B)  Where a defendant who is charged with an offence under subsection (1)(d)(ii) has rebutted the presumption that the defendant has harboured an immigration offender with reckless disregard as to whether he is such a person under subsection (7), the defendant shall be liable to be charged with an offence under subsection (1)(d)(iii).
[53/2004]
(7C)  For the purpose of subsection (7A) —
(a)
a defendant who is charged with an offence under subsection (1)(d)(ii) shall not be deemed to have exercised due diligence unless the defendant has carried out any 2 of the acts specified in subsection (7D); and
(b)
a defendant who is charged with an offence under subsection (1)(d)(iii) shall not be deemed to have exercised due diligence unless the defendant has carried out all the acts specified in subsection (7D).
[53/2004]
(7D)  The acts referred to in subsection (7C), to be carried out by the defendant in relation to the immigration offender harboured, are —
(a)
inspecting the permit or pass issued to the immigration offender under this Act or the regulations;
(b)
checking the permit or pass to ascertain that the particulars on the passport of the immigration offender materially correspond with the particulars set out in the permit or pass;
(c)
checking with —
(i)
the Controller of Immigration or the Controller of Work Passes, as the case may be, that the permit or pass was valid at the material time; or
(ii)
the employer to verify that the immigration offender is employed by the employer and that the particulars of the immigration offender correspond with the records of the employer, where the name of the employer of the immigration offender is specified in the permit or pass.
[53/2004; 30/2007]
(8)  Where an immigration offender is found at any premises or place, other than premises used solely for residential purposes, the occupier of the premises or place shall be presumed, until the contrary is proved, to have employed him knowing that he is an immigration offender.
[41/95]
(9)  In any proceedings for an offence under subsection (1)(e), it shall not be a defence for the defendant to prove that the person employed by him was in possession of a permit or pass issued to the person under this Act or the regulations unless the defendant further proves that he had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations.
[38/93; 53/2004]
(10)  For the purpose of subsection (9), a defendant who is charged with an offence under subsection (1)(e) shall not be deemed to have exercise due diligence unless the defendant —
(a)
has inspected the permit or pass issued to the person employed by him;
(b)
has checked the permit or pass to ascertain that the particulars on the passport of the person employed by him materially correspond with the particulars set out in the permit or pass; and
(c)
where the person employed by him is a holder of a visit pass, has reasonable grounds for believing that the person had, at the material time, in force a work pass issued under the Employment of Foreign Manpower Act (Cap. 91A) or had obtained the written consent of the Controller of Immigration.
[53/2004; 30/2007]
(11)  No person, being the owner, tenant or occupier of any premises or place referred to in subsection (8), shall knowingly permit or suffer such premises or place or any part thereof to be kept or used as a place or premises in which any person is employed in contravention of subsection (1)(e).
[6/89]
(12)  Any person who contravenes subsection (11) shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000.
[6/89]
(13)  In this section and sections 57A and 57B, “immigration offender” means a person who has acted in contravention of section 6(1), 15 or 36 or the regulations.
[41/95; 53/2004]
(14)  A reference to a permit or pass in subsections (7D) and (10) in relation to a person shall be read as a reference to the original copy of the permit or pass issued to that person under this Act or the regulations.
[53/2004]
Prohibition of immigration offender entering or remaining at work place
57A.
—(1)  No occupier of a work place who has control of access to the work place shall permit any immigration offender to enter or remain at the work place.
[41/95]
(2)  Where an immigration offender is found at a work place, it shall be presumed, until the contrary is proved, that the occupier of the work place —
(a)
had control of access to the work place;
(b)
had permitted the immigration offender to enter or remain at the work place; and
(c)
had knowledge that he is an immigration offender.
[41/95]
(3)  The presumptions provided for in subsection (2)(b) and (c) shall not be rebutted unless the defendant proves that he had exercised due diligence to prevent the immigration offender from entering or remaining at the work place.
[41/95]
(4)  For the purposes of subsection (3), a defendant shall not be presumed to have exercised due diligence unless he had taken all reasonable measures to prevent any immigration offender from entering or remaining at the work place, including all the measures prescribed under subsection (5) in respect of the work place.
[41/95]
(5)  For the purposes of subsection (4), the Minister may, by notification in the Gazette, prescribe the measures that are required to be taken by the occupier of the work place.
[41/95]
(6)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $15,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both for each immigration offender found at the work place and, in the case of a second or subsequent conviction, to a fine of not less than $30,000 and not more than $60,000 or to imprisonment for a term not exceeding 2 years or to both for each immigration offender found at the work place.
[41/95]
(7)  In this section —
“construction works” means the construction, extension, installation, carrying out, repair, maintenance, renewal, removal, alteration, dismantling or demolition of —
(a)
any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;
(b)
any road, motorway, harbour works, railway, cableway, canal or aerodrome;
(c)
any drainage, irrigation or river control work;
(d)
any electrical, water, gas or telecommunication works;
(e)
any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation,
and includes any works which form an integral part of, or are preparatory to, the works described in paragraphs (a) to (e), including site clearance, earth-moving, excavation, laying of foundation, site restoration and landscaping, and such other works or activities as the Minister may, by notification in the Gazette, specify to be construction works;
“occupier”, in relation to a work place, means the principal contractor who undertakes any construction works at the work place and includes such other person as the Minister may, by notification in the Gazette, specify to be the occupier of the work place;
“principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property or his agent for the purpose of carrying out any construction works on the property;
“work place” means any place or premises where any construction works are being carried out and includes —
(a)
all the land within the vicinity of the work place which are owned by the person for whom the construction works are being carried out and to which the principal contractor has control of access;
(b)
any canteen, sleeping quarters, office and other structures or buildings erected on the work place; and
(c)
such other place or premises as the Minister may, by notification in the Gazette, specify to be a work place.
[41/95; 53/2004]
Assisting, encouraging or inducing giving of shelter to immigration offenders
57B.
—(1)  Any person who, for or in expectation of any fee, gain or reward, assists, encourages or induces any other person to give shelter to any immigration offender shall, if the second-mentioned person gives shelter to the immigration offender in consequence of such assistance, encouragement or inducement, be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000.
[53/2004]
(2)  In any proceedings for an offence under subsection (1), it shall not be a defence for the defendant to prove that the immigration offender was in possession of a permit or pass issued to the immigration offender under this Act or the regulations unless the defendant further proves that he had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations.
[53/2004]
(3)  For the purpose of subsection (2), a defendant who is charged with an offence under subsection (1) shall not be deemed to have exercised due diligence unless the defendant —
(a)
has inspected the permit or pass issued to the person harboured;
(b)
has checked the permit or pass to ascertain that the particulars on the passport of the person harboured materially correspond with the particulars set out in the permit or pass; and
(c)
has checked with —
(i)
the Controller of Immigration or the Controller of Work Passes, as the case may be, that the permit or pass was valid at the material time; or
(ii)
the employer to verify that the person is employed by the employer and that the particulars of the person correspond with the records of the employer, where the name of the employer of the person harboured is specified in the permit or pass.
[53/2004; 30/2007]
(4)  No prosecution for an offence under subsection (1) or for an attempt to commit that offence shall be instituted unless the person whom the defendant is alleged to have assisted, encouraged or induced in fact gave shelter to the immigration offender in consequence of such assistance, encouragement or inducement.
[53/2004]
(5)  A reference to a permit or pass in subsection (3) in relation to a person shall be read as a reference to the original copy of the permit or pass issued to that person under this Act or the regulations.
[53/2004]
General penalty
58.  Any person guilty of an offence under this Act for which no special penalty is provided shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Composition of offences
59.  The Controller or any immigration officer authorised by name or by office in that behalf by the Minister by notification in the Gazette may compound such offence under this Act or the regulations as may be prescribed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding $500.
[13/77; 35/84]
Jurisdiction of Courts
60.
—(1)  All offences under this Act or the regulations shall be cognizable by a District Court or a Magistrate’s Court.
(2)  Any District Court or Magistrate’s Court may, notwithstanding anything in the Criminal Procedure Code (Cap. 68), impose the full punishment prescribed for any offence except that a Magistrate’s Court shall not impose a sentence of imprisonment for a term exceeding 12 months.
Disposal of fees, fines and forfeitures
61.  All fees levied, all fines imposed and recovered, all moneys forfeited and all costs and charges recovered under this Act shall be paid into the Consolidated Fund.
Amendment of Schedule
61A.  The Minister may, by order published in the Gazette, amend the Schedule, except that any other personal identifier so prescribed in the order must —
(a)
be an image of, or a measurement or recording of, an external part of the human body or a person’s voice; and
(b)
not be an identifier the obtaining of which would involve the taking of an intimate sample within the meaning of section 13A of the Registration of Criminals Act (Cap. 268).
[33/2007]
Saving
62.
—(1)  Any person in Singapore whose presence is unlawful under the provisions of any previous written law for the time being in force in Singapore or any regulations or orders made thereunder shall be deemed to be unlawfully in Singapore for the purposes of this Act.
(2)  Any authority to enter Singapore granted under the provisions of any law in force immediately before 16th April 1963 and valid on that date shall be deemed to be a valid permit issued under the provisions of this Act but subject to any limitations imposed by that law.