On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 11/06/2007.
21. Section 21 of the principal Act is repealed and the following sections substituted therefor:
21.
—(1) Any police officer or employment inspector may arrest without warrant any person whom he reasonably believes —
(a)
is employing a foreigner —
(i)
without a valid work pass; or
(ii)
otherwise than in accordance with the conditions of a work pass;
(b)
is a foreign employee or self-employed foreigner who is working without a valid work pass;
(c)
has obstructed an employment inspector who is discharging his duties under this Act;
(d)
has made any statement or furnished any information to the Controller or an employment inspector under this Act which is false in any material particular or is misleading by reason of the omission of any material particular;
(e)
has given, sold, forged or unlawfully altered a work pass;
(f)
has used or, without lawful authority, has possession of a forged or an unlawfully altered work pass, or a work pass which is issued to another person; or
(g)
has abetted any other person in any act referred to in paragraphs (a) to (f).
(2) An employment inspector making an arrest without warrant shall, without unnecessary delay and subject to subsection (4), take or send the person arrested before a Magistrate’s Court.
(3) No employment inspector shall detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and such period shall not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
(4) Any person who has been arrested by an employment inspector may be released on bail, or on his own bond, by an employment inspector.
21A.
—(1) In making an arrest, an employment inspector making the arrest shall touch or confine the body of the person to be arrested unless the person submits to arrest by word or action.
(2) If the person forcibly resists or tries to evade arrest, the employment inspector may use all means necessary to effect the arrest.
21B.
—(1) The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
(2) An employment inspector may use handcuffs or any similar means of restraint on a person arrested to prevent him from —
(a)
inflicting any bodily injury to himself or others;
(b)
damaging any property;
(c)
creating any disturbance; or
(d)
escaping from custody.
(3) The handcuffs or means of restraint shall not be used for the purpose of punishment.
21C.
—(1) When a person is arrested, the employment inspector making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the employment inspector has reason to believe were connected with the offence for which the person was being arrested.
(2) Whenever it is necessary to cause a person to be searched, the search shall be made by an employment inspector of the same sex as the person, with strict regard to decency.
21D. Every employment inspector shall be provided with such batons and accoutrements as may be necessary for the effective discharge of his duties.
21E. An employment inspector making any arrest may take from the person arrested any offensive weapons which he has about his person.
21F. If a person in lawful custody escapes or is rescued, the employment inspector from whose custody he escaped or was rescued may immediately pursue and arrest him in any place within Singapore and deal with that person as he might have done on the original arrest.
21G.
—(1) Any document or article produced, retained or requisitioned under section 16(1)(b), (c) or (g) or 21E shall —
(a)
where the document or article is produced in any criminal trial, be dealt with in accordance with section 386(1) of the Criminal Procedure Code (Cap. 68); or
(b)
in any other case —
(i)
be returned to the owner; or
(ii)
if the owner is not known, be reported to a Magistrate’s Court.
(2) Where the report of any document or article produced, retained or requisitioned under section 16(1)(b), (c) or (g) or 21E is made to a Magistrate’s Court under subsection (1)(b)(ii), the Magistrate’s Court may order the document or article —
(a)
to be forfeited; or
(b)
to be disposed of in such manner as the Magistrate’s Court thinks fit.
(3) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.”.