On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 09/11/2012.
5.
—(1) No person shall employ a foreign employee unless the foreign employee has a valid work pass.
[30/2007]
(2) No foreign employee shall be in the employment of an employer without a valid work pass.
[30/2007]
(3) No person shall employ a foreign employee otherwise than in accordance with the conditions of the foreign employee’s work pass.
[30/2007]
(4) In any proceedings for an offence under subsection (1), it shall not be a defence for a defendant to prove that he did not know that the employee was a foreigner unless the defendant further proves that he had exercised due diligence to ascertain the nationality of the employee.
[37/95; 30/2007]
(5) For the purpose of subsection (4), a defendant shall not be deemed to have exercised due diligence unless he had checked the passport, document of identity or other travel document of the employee.
[37/95; 30/2007]
(6) Any person who contravenes subsection (1) shall be guilty of an offence and shall —
(a)
be liable on conviction to a fine of not less than $5,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
on a second or subsequent conviction —
(i)
in the case of an individual, be punished with a fine of not less than $10,000 and not more than $30,000 and with imprisonment for a term of not less than one month and not more than 12 months; or
(ii)
in any other case, be punished with a fine of not less than $20,000 and not more than $60,000.
(7) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(7A) Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
[30/2007]
(8) For the purposes of this section —
(b)
for the avoidance of doubt, where a person has been convicted of an offence under subsection (6), and he has on a previous occasion been convicted for contravening section 5(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Ed.) in force immediately before 1st July 2007, the first-mentioned conviction shall be considered a second or subsequent conviction under subsection (6); and
(c)
all convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction.
[30/2007]