No. S 338
Employment of Foreign Manpower Act
Employment of Foreign Manpower
(Bail and Personal Bond)
(Bail and Personal Bond)
In exercise of the powers conferred by section 29(2)(g) of the Employment of Foreign Manpower Act, the Minister for Manpower hereby makes the following Regulations:
1. These Regulations may be cited as the Employment of Foreign Manpower (Bail and Personal Bond) Regulations 2007 and shall come into operation on 1st July 2007.
—(1) When any person is arrested by an employment inspector and is prepared at any time to give bail while in the custody of the employment inspector, the person shall be released on bail by any employment inspector in accordance with regulation 4.
(2) Instead of taking bail from the person, the person may be released by an employment inspector if the person signs a personal bond without sureties in accordance with regulation 4.
—(1) A person who is released on bail or on personal bond shall give to the employment inspector releasing him an address where he can be served all notices under the Act.
(2) A surety of a person released on bail shall give to the employment inspector an address where he can be served all notices under the Act.
—(1) Before any person is released on bail, a bond for such sum of money as the employment inspector thinks sufficient shall be signed by the person and every surety required by the employment inspector to execute the bond.
(2) Before any person is released on personal bond, a bond for such sum of money as the employment inspector thinks sufficient shall be signed by the person.
(3) The employment inspector may impose such conditions as he thinks necessary before releasing a person on bail or on personal bond.
(4) Without prejudice to paragraph (3), it shall be a condition of the bond executed under paragraph (1) or (2) that the person released on bail or on personal bond shall —
attend at the time and place mentioned in the bond or at such other time and place as may be required by an employment inspector, and continue so to attend until otherwise directed by an employment inspector;
if so required by an employment inspector, appear when called upon by any court to answer the charge; and
as long as the bond remains in force, not proceed beyond the limits of Singapore without the permission of an employment inspector.
(5) Any permission granted under paragraph (4)(c) shall be evidenced by an endorsement on the bond specifying the period of time and the place to which the permission extends.
(6) No such permission shall be granted except on the personal application of the person so released on bail or on personal bond and in the presence of his surety or sureties, if any.
5. When any employment inspector requires a person to sign a bond with one or more sureties before releasing him on bail, the employment inspector may permit him to enter into a personal bond and provide security acceptable to the employment inspector.
6. The amount of every bond executed under regulation 4 shall be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person to be released on bail or on personal bond.
—(1) An arrested person shall be released by an employment inspector as soon as the bond has been signed —
in the case where the person is released on bail, by the person and every surety required by the employment inspector to execute the bond; or
in the case where the person is released on personal bond, by the person.
(2) Nothing in these Regulations shall be deemed to require the release of any person liable to be arrested for some matter other than that in respect of which the bond was executed.
8. When any person who is bound by any bond taken under regulation 4 to appear before a court does not so appear, the court shall issue a warrant directing that that person shall be arrested and produced before it.
—(1) If it is proved to the satisfaction of a court that any bond taken under regulation 4 has been forfeited, the court —
shall record the grounds of such proof;
may summon before it any person bound by the bond; and
may call upon the person to pay the bond amount or to show cause why he should not pay it.
(2) If sufficient cause is not shown and the bond amount is not paid, the court may proceed to recover the bond amount by issuing a warrant for the attachment and sale of the property belonging to the person.
(3) If the bond amount is not paid and cannot be recovered by such attachment and sale, the person shall be liable, by order of the court which issued the warrant, to imprisonment for a term which may extend to 6 months.
(4) The court may remit any portion of the bond amount mentioned and enforce payment in part only.
10. All orders made under regulation 9 by any Magistrate’s Court or District Court shall be appealable.
[WPSD 6:2/EFMA/06; AG/LEG/SL/91A/2003/2 Vol. 1]