—(1) No person shall employ a foreign worker unless he has obtained in respect of the foreign worker a valid work permit which allows the foreign worker to work for him.
(2) No foreign worker shall be in the employment of an employer without a valid work permit.
(3) No person shall employ a foreign worker otherwise than in accordance with the conditions of the work permit.
(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 worker was a foreigner unless the defendant further proves that he had exercised due diligence to ascertain the nationality of the worker .
(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 worker.
(6) Any person who fails to comply with or contravenes subsection (1) shall be guilty of an offence and shall —
be liable on conviction to a fine of an amount of not less than 24 months’ levy and not more than 48 months’ levy or to imprisonment for a term not exceeding 12 months or to both; and
on a second or subsequent conviction, be punished —
in the case of an individual, with imprisonment for a term of not less than one month and not more than 12 months and shall also be liable to a fine of an amount of not less than 24 months’ levy and not more than 48 months’ levy; and
in the case of a body corporate, with a fine of an amount of not less than 48 months’ levy and not more than 96 months’ levy.
(7) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(8) For the purpose of this section —
“employ” means to engage or use the service of any person, whether under a contract of service or otherwise, with or without salary;
“levy” means the monthly rate of levy applicable to the foreign worker at the date when he was first employed by the defendant without a valid work permit, and a certificate issued by the Controller and tendered in court shall be prima facie evidence of such rate;
a conviction of an employer for an offence under section 8(1) of the repealed Regulation of Employment Act (Cap. 272) shall not be considered a previous conviction; and