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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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On 25/04/2014, you requested the version as published on or before 25/04/2014.
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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]