PART 2 | PROTECTION OF CHILDREN AND YOUNG PERSONS |
| When child or young person in need of care or protection |
5.—(1) For the purposes of this Act, a child or young person is in need of care or protection if —| (a) | the child or young person has no parent or guardian; | | (b) | the child or young person has been abandoned by his or her parent or guardian and despite reasonable inquiries the parent or guardian cannot be found, and no other suitable person is willing and able to exercise care or guardianship in respect of the child or young person; | | (c) | the parent or guardian of the child or young person —| (i) | is unable or has neglected to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person; or | | (ii) | is unfit or unable or has neglected to exercise proper supervision and control over the child or young person, and the child or young person is falling into bad association, or is exposed to moral danger, or is beyond control; |
| | (d) | the child or young person has been, is being or is at risk of being ill‑treated —| (i) | by his or her parent or guardian; or | | (ii) | by any other person, and his or her parent or guardian, although knowing of such ill‑treatment or risk, has not protected or is unlikely or unwilling to protect the child or young person from such ill‑treatment; |
| | (e) | the child or young person needs to be examined, investigated or treated for the purpose of restoring or preserving his or her health or development and his or her parent or guardian neglects or refuses to have him or her so examined, investigated or treated; | | (f) | the child or young person behaves in a manner that is, or is likely to be, harmful to himself or herself or to any person and —| (i) | his or her parent or guardian is unable or unwilling to take necessary measures to remedy the situation; or | | (ii) | the remedial measures taken by the parent or guardian fail; |
| | (g) | the child or young person suffers or is likely to suffer from emotional harm because the child or young person has been or is subject to emotional or psychological abuse by his or her parent or guardian; | | (h) | the child or young person —| (i) | is a person in respect of whom a relevant offence has been or is believed to have been committed; or | | (ii) | is a member of the same household as another child or young person in respect of whom a relevant offence has been or is believed to have been committed, and the child or young person appears to be in danger of a similar offence being committed against him or her, |
| and either the person who committed or is believed to have committed the offence or who has been convicted of the offence is the parent or guardian of the child or young person or a member of the same household as the child or young person, or the parent or guardian of the child or young person is unable, unlikely or unwilling to protect the child or young person from such offence; or |
| | (i) | the child or young person is found to be —| (i) | destitute or wandering without any settled place of abode and without visible means of subsistence; | | (ii) | begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale) or loitering for the purpose of so begging or receiving alms; | | (iii) | engaged in carrying out illegal lotteries, illegal hawking, gambling or other undesirable activities; or | | (iv) | using or inhaling any intoxicating substance (as defined in the Intoxicating Substances Act 1987) for the purpose of inducing or causing in himself or herself a state of intoxication. [3/2011; 30/2019] |
|
(2) Without limiting subsection (1)(g), the circumstances in which a child or young person may be regarded as being subject to emotional or psychological abuse by his or her parent or guardian under that subsection include any of the following:| (a) | the parent or guardian subjects the child or young person to persistent acts of rejection or degradation that are harmful to the child’s or young person’s wellbeing or sense of self‑worth; | | (b) | the parent or guardian threatens to physically hurt, kill or abandon the child or young person, or places the child or young person or a related person of the child or young person in any dangerous situation; | | (c) | the parent or guardian isolates the child or young person by consistently denying opportunities for the child or young person to communicate with any person; | | (d) | the parent or guardian confines the child or young person in any small space for the purpose of disciplining the child or young person; | | (e) | the parent or guardian influences the child or young person to develop self‑destructive, anti‑social, criminal, deviant or other maladaptive behaviour; | | (a) | The parent or guardian models, permits or encourages anti‑social behaviour such as prostitution, performance in pornographic media, initiation of criminal activities, substance abuse or committing violence to any person. |
|
| | (b) | The parent or guardian models, permits or encourages developmentally inappropriate behaviour by infantilising the child or young person. |
|
| | (c) | The parent or guardian models, permits or encourages any other behaviour that would result in the exploitation or corruption of the child or young person. |
|
|
|
| | (f) | the parent or guardian exposes the child or young person to, or places the child or young person at any risk of exposure to, any violence against a related person of the child or young person. [30/2019] |
|
| (3) In this section, “related person”, in relation to a child or young person, means another person about whose safety or wellbeing the child or young person would reasonably be expected to be seriously concerned. [4 [30/2019] |
|
| Ill-treatment of child or young person |
6.—(1) A person shall be guilty of an offence if, being a person who has the custody, charge or care of a child or young person, he or she ill‑treats the child or young person or causes, procures or knowingly permits the child or young person to be ill‑treated by any other person.(2) For the purposes of subsection (1) —| (a) | a person (A) knowingly permits a child or young person (B) to be ill‑treated by another person (C) if A being a person who has the custody, charge or care of B, knows or has reason to believe that B was at risk of being ill‑treated by C, and failed to take such steps as A could reasonably have been expected in A’s circumstances to take to protect B from that risk; and | | (b) | A’s circumstances mentioned in paragraph (a) include but are not limited to A’s past or present experiences of being ill‑treated by C, if any. [15/2019] |
|
(3) For the purposes of this Act, a person ill‑treats a child or young person if that person, being a person who has the custody, charge or care of the child or young person —| (a) | subjects the child or young person to physical or sexual abuse; | | (b) | wilfully or unreasonably does, or causes the child or young person to do, any act which endangers or is likely to endanger the safety of the child or young person or which causes or is likely to cause the child or young person —| (i) | any unnecessary physical pain, suffering or injury; | | (ii) | any emotional harm; or | | (iii) | any injury to his or her health or development; or |
| | (c) | wilfully or unreasonably neglects, abandons or exposes the child or young person with full intention of abandoning the child or young person or in circumstances that are likely to endanger the safety of the child or young person or to cause the child or young person —| (i) | any unnecessary physical pain, suffering or injury; | | (ii) | any emotional harm; or | | (iii) | any injury to his or her health or development. [30/2019] |
|
|
| (4) For the purpose of subsection (3)(c), the parent or guardian of a child or young person is deemed to have neglected the child or young person in a manner likely to cause him or her physical pain, suffering or injury or emotional harm or injury to his or her health or development if the parent or guardian wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person. [30/2019] |
(5) A person may be convicted of an offence under this section despite —| (a) | that any actual suffering or injury on the part of the child or young person or the likelihood of any suffering or injury on the part of the child or young person was obviated by the action of another person; or | | (b) | the death of the child or young person in respect of whom the offence is committed. |
|
(6) Subject to subsection (7), any person who is guilty of an offence under this section shall be liable on conviction —| (a) | in the case where death is caused to the child or young person, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 14 years or to both; and | | (b) | in any other case, to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 8 years or to both. [15/2019] |
|
| (7) The court may, in lieu of or in addition to any punishment specified in subsection (6), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring such person to undergo such counselling, psychotherapy or other programme as may be specified therein. |
(8) If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of such bond, the person must —| (a) | if such bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or | | (b) | if such bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both. [5 |
|
|
| Contribution to delinquency of child or young person |
7.—(1) Any person who causes or procures any child or young person or, having the custody, charge or care of a child or young person, allows that child or young person to be in any place for the purpose of —| (a) | begging or receiving alms, or of inducing the giving of alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or | | (b) | carrying out of illegal hawking, illegal lotteries, gambling or other illegal activities or activities detrimental to the health or welfare of the child or young person, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
[3/2011; 30/2019] | (2) If a person having the custody, charge or care of a child or young person is charged with an offence under this section and it is proved that the child or young person was in any place for any such purpose and that the person charged allowed the child or young person to be in the place, the person is presumed to have allowed the child or young person to be in the place for that purpose unless the contrary is proved. [6 [3/2011] |
|
| Sexual exploitation of child or young person |
8.—(1) A person shall be guilty of an offence if —| (a) | the person, in public or private —| (i) | commits or abets the commission of; or | | (ii) | procures or attempts to procure the commission by another person of, |
| any obscene or indecent act with any child or young person below 16 years of age; or |
| | (b) | the person, in public or private, procures or attempts to procure the commission of any obscene or indecent act by any child or young person below 16 years of age. [30/2019] |
(2) A person (A) shall be guilty of an offence if —| (a) | A, in public or private —| (i) | commits or abets the commission of; or | | (ii) | procures or attempts to procure the commission by another person of, |
| any obscene or indecent act with any young person (B) of 16 years of age or older but below 18 years of age; and |
| | (b) | either —| (i) | B does not consent to the obscene or indecent act; or | | (ii) | A is in a relationship that is exploitative of B. [30/2019] |
|
|
(3) A person (A) shall be guilty of an offence if A, in public or private —| (a) | procures or attempts to procure the commission of any obscene or indecent act by any young person (B) of 16 years of age or older but below 18 years of age; and | | (b) | either —| (i) | B does not consent to the obscene or indecent act; or | | (ii) | A is in a relationship that is exploitative of B. [30/2019] |
|
|
| (4) For the purposes of subsections (2)(b)(i) and (3)(b)(i), it is a defence that A, by reason of mistake of fact or in ignorance of a fact in good faith, believed that B had consented to that obscene or indecent act. [30/2019] |
| (5) For the purposes of subsections (2)(b)(ii) and (3)(b)(ii), it is not necessary for the prosecution to prove that B did or did not consent to the obscene or indecent act mentioned in subsection (2)(a) or (3)(a), as the case may be. [30/2019] |
(6) In deciding whether an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative of the young person for the purposes of subsections (2) and (3), the court is to have regard to all of the following:| (a) | the age of the minor; | | (b) | the difference between the age of the accused and the young person; | | (c) | the nature of the relationship; | | (d) | the degree of control or influence exercised by the accused over the young person. [30/2019] |
|
| (7) To avoid doubt, the court is not confined to consideration of the matters specified in subsection (6) and may take into account such other matters and evidence as may be relevant in the circumstances of each case. [30/2019] |
(8) For the purposes of subsection (6) and subject to subsection (9), it is presumed until the contrary is proved that an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative where the relationship is any of the following:| (a) | the accused is a parent, step‑parent, guardian or foster parent of the young person; | | (b) | the accused is the de facto partner of a parent, guardian or foster parent of the young person; | | (c) | the accused is a member of the teaching or management staff of the school or educational institution at which the young person is a student; | | (d) | the accused has an established personal relationship with the young person in connection with the provision of religious, sporting, musical or other instruction to the young person; | | (e) | the accused is a custodial officer of an institution in which the young person is detained; | | (f) | the accused is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the young person is a patient of the accused; | | (g) | the accused is an advocate and solicitor or a counsellor and the young person is a client of the accused. [30/2019] |
|
| (9) However, the presumption in subsection (8) does not apply to a person who is lawfully married to a young person of 16 years of age or older but below 18 years of age even though the relationship may fall within any of the relationships mentioned in subsection (8). [30/2019] |
(10) Any person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | if the offence committed involves a child other than as an accused, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both; and | | (b) | if the offence committed involves a young person other than as an accused, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both. [30/2019] |
|
| (11) Any person who is guilty of an offence under subsection (2) or (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both. [30/2019] |
(12) In subsections (10) and (11), “repeat offender”, in relation to an offence under subsection (1)(a) or (b), (2) or (3), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of —| (a) | an offence under subsection (1)(a) or (b), (2) or (3); [Act 23 of 2021 wef 01/03/2022] | | (b) | an offence under the repealed section 7 of the Children and Young Persons Act (Cap. 38, 2001 Ed.) as in force between 20 July 2011 and 30 June 2020 (both dates inclusive); [Act 23 of 2021 wef 01/03/2022] | | (c) | an offence under the repealed section 7 of the Children and Young Persons Act (Cap. 38, 2001 Ed.) as in force between 1 February 2008 and 19 July 2011 (both dates inclusive); [Act 23 of 2021 wef 01/03/2022] | | (d) | an offence under the repealed section 7 of the Children and Young Persons Act (Cap. 38, 2001 Ed.) as in force between 31 December 2001 and 31 January 2008 (both dates inclusive); [Act 23 of 2021 wef 01/03/2022] | | (e) | an offence under the repealed section 6 of the Children and Young Persons Act (Cap. 38, 1994 Ed.) as in force between 15 March 1994 and 30 December 2001 (both dates inclusive); or [Act 23 of 2021 wef 01/03/2022] | | (f) | an offence under the repealed section 6 of the Children and Young Persons Act 1993 (Act 1 of 1993) as in force between 21 March 1993 and 14 March 1994 (both dates inclusive), |
| on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence. |
[7 [30/2019] [Act 23 of 2021 wef 01/03/2022] |
|
| Power to obtain and communicate information |
9.—(1) The Director‑General or a protector may exercise the powers conferred by subsection (2) for any of the following purposes:| (a) | the Director‑General or protector has reasonable grounds to believe that a relevant offence has been, is being or will be committed against a child or young person, and the Director‑General or protector has reason to believe that a particular person can provide any information regarding the commission of the relevant offence; | | (b) | the Director‑General or protector has reasonable grounds to believe that a child or young person is in need of care or protection, and the Director‑General or protector has reason to believe that a particular person can provide any information which will assist him or her in ascertaining —| (i) | whether the child or young person is in need of care or protection; and | | (ii) | the nature of care or protection that the child or young person needs; |
| | (c) | where a child or young person (A) is the subject of a voluntary care agreement or an order made under section 54(1) or 56(2), section 57 (read with section 56) or section 59(4), and the Director‑General or protector has reason to believe that a particular person can provide any information —| (i) | relating to the suitability of the fit person to whom, or the place of safety or place of temporary care and protection to which, A is committed; | | (ii) | relating to the standard of care, protection and supervision that A or any other child or young person who is a member of A’s household, is receiving; | | (iii) | that will assist the Director‑General or protector in formulating a proper care plan to cater to A’s safety and sense of wellbeing; or | | (iv) | that will assist the Director‑General or protector in exercising any power or carrying out any duty under the Act with respect to A or any other child or young person who is a member of A’s household; |
| | (d) | where upon the termination of a voluntary care agreement or an order made under section 54(1) or 56(2), section 57 (read with section 56) or section 59(4) for a child or young person (B), B is returned to the care and custody of B’s parent or guardian, and the Director‑General or protector has reason to believe that a particular person can provide any information relating to the welfare and safety of B or any other child or young person who is a member of B’s household. [30/2019] |
(2) The Director‑General or protector may, by written order —| (a) | require the particular person mentioned in subsection (1)(a), (b), (c) or (d) to provide to the Director‑General or protector the information within the time and manner specified in the order; or | | (b) | require a person given the order to appear before and provide to the Director‑General or protector the information within the time and manner specified in the order. [30/2019] |
|
(3) The Director‑General or a protector may communicate any information about a child or young person (whether or not obtained under this section) including a photograph of the child or young person, to any of the following person or persons for a relevant purpose:| (a) | another protector or any other person assisting the Director‑General or protector in the administration of this Act in respect of the child or young person; | | (b) | any other person or class of persons as may be prescribed. [30/2019] |
|
| (4) No liability shall lie personally against a person for providing any information under subsection (2), or communicating any information under subsection (3). [30/2019] |
(5) An individual cannot rely on —| (a) | the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or | | (b) | any rule of law relating to legal professional privilege or any other privilege, or the public interest, |
| to refuse to provide the information required under subsection (2) by the Director‑General or protector, as the case may be. |
[30/2019] |
| (6) However, any information is not admissible in evidence against the individual in any criminal proceeding other than a proceeding for an offence under section 26(b) or section 177 of the Penal Code 1871, if the information might in fact tend to incriminate the individual. [30/2019] |
(7) In this section, “relevant purpose” means either of the following:| (a) | a purpose mentioned in subsection (1)(a), (b), (c) or (d); | | (b) | for a child or young person who is the subject of —| (i) | a voluntary care agreement; | | (ii) | an order made under section 54(1)(b) read with section 55; | | (iii) | an order made under section 56(2) read with section 58; or | | (iv) | an order made under section 57 read with sections 56 and 58, |
| to enable the Director‑General, a protector or a care‑giver of the child or young person to make a decision on a matter relating to the child or young person and to give effect to such decision. |
[8 [30/2019] |
|
|
| Power to order child or young person to be produced for assessment or treatment, etc. |
10.—(1) Where the Director‑General, a protector or a police officer is satisfied on reasonable grounds that a child or young person is in need of care or protection, the Director‑General, protector or police officer may by written notice order any person to —| (a) | produce the child or young person before the Director‑General, protector or police officer at a specified time and place; or | | (b) | produce the child or young person before a registered medical practitioner, a psychologist or an approved welfare officer for an assessment or for any medical or other treatment as may be necessary, |
| following which the Director‑General, protector or police officer may, if he or she thinks necessary, remove the child or young person and commit the child or young person to a place of temporary care and protection or to the care of a fit person until the child or young person can be brought before a Youth Court to be dealt with under section 54. |
[30/2011; 27/2014; 30/2019] | (2) For the purposes of this section and sections 11 and 12, a reference to a police officer is a reference to a police officer not below the rank of sergeant. [8A [3/2011] |
|
| Power to remove child or young person to place of temporary care and protection, etc. |
11.—(1) Where the Director‑General, a protector or a police officer is satisfied on reasonable grounds that a child or young person is in need of care or protection, the Director‑General, protector or police officer may without warrant and with such assistance and by such force as is necessary, by day or by night enter any place in which the child or young person is to be found and —| (a) | remove the child or young person and commit him or her to a place of temporary care and protection or to the care of a fit person until the child or young person can be brought before a Youth Court to be dealt with under section 54; or | | (b) | remove the child or young person and, before committing him or her to a place of temporary care and protection or to the care of a fit person under paragraph (a), present the child or young person before a registered medical practitioner, a psychologist or an approved welfare officer for an assessment or for any medical or other treatment as may be necessary. [3/2011; 27/2014; 30/2019] |
| (2) Subject to subsection (3), every child or young person who is removed by the Director‑General, a protector or a police officer under section 10 or this section must, unless he or she is sooner returned to the custody of his or her parent or guardian, be brought before a Youth Court within 3 working days from the date of his or her being so removed in order that he or she may be dealt with under section 54. [3/2011; 27/2014; 30/2019] |
(3) If for any reason it is not possible for the child or young person to be brought before a Youth Court within the time specified in subsection (2) —| (a) | the Director‑General, protector or police officer (as the case may be) who removed the child or young person under subsection (1) must, within 3 working days from the date of the removal of the child or young person, inform the Youth Court of the removal and the reason for which it is not possible to comply with subsection (2); and | | (b) | the Youth Court may make such order as the circumstances may admit and require in relation to the custody, charge and care of the child or young person until such time as the child or young person may be brought before the Youth Court. [3/2011; 27/2014; 30/2019] |
|
(4) Where the Director‑General or a protector is of the view that any contact or access between the child or young person removed under subsection (1) and any other person is not in the best interests of the child or young person, the Director‑General or protector may order that —| (a) | the other person concerned must not make any contact or have access to the child or young person during the period before the child or young person is brought before the Youth Court under subsection (2); or | | (b) | the other person concerned may only have contact or access to the child or young person subject to such conditions as the Director‑General or protector may impose. [9 [3/2011; 27/2014; 30/2019] |
|
|
| Assessment, examination and treatment of child or young person, etc. |
12.—(1) A registered medical practitioner, a psychologist or an approved welfare officer to whom a child or young person is brought under section 10 or 11 —| (a) | must conduct the requisite assessment of the child or young person and report his or her assessment to the Director‑General, protector or police officer (as the case may be) who presented the child or young person for assessment; and | | (b) | may, with the consent of the parent or guardian of the child or young person or, if such consent cannot be obtained or if there is immediate risk to the health of the child or young person, with the authorisation of the Director‑General, protector or police officer —| (i) | administer or cause to be administered to the child or young person such procedures and tests as may be necessary to diagnose the condition of the child or young person; and | | (ii) | provide or cause to be provided to the child or young person such treatment (including any surgical treatment) as the registered medical practitioner, psychologist or approved welfare officer considers necessary as a result of his or her assessment or diagnosis. [3/2011; 30/2019] |
|
| (2) If the registered medical practitioner, psychologist or approved welfare officer conducting the assessment of the child or young person under subsection (1) believes on reasonable grounds that the child or young person is suffering from any physical pain, suffering or injury, or emotional harm or injury to his or her health or development as a result of being ill‑treated, the registered medical practitioner, psychologist or approved welfare officer must immediately notify the Director‑General, protector or police officer (as the case may be) who presented the child or young person for assessment. [3/2011; 30/2019] |
| (3) Section 115 applies to a registered medical practitioner, a psychologist or an approved welfare officer who makes a notification under this section as if it were a notification made under section 115(1). [3/2011] |
| (4) If the registered medical practitioner conducting the assessment of the child or young person under this section is of the opinion that the hospitalisation of the child or young person is necessary for the purpose of treating the child or young person, the Director‑General, protector or police officer may authorise the hospitalisation of the child or young person. [9A [3/2011; 30/2019] |
|
| Warrant to search for or remove child or young person |
| 13.—(1) If a Magistrate’s Court, upon receiving any information or complaint, has reason to believe that a relevant offence has been or is being committed in respect of a child or young person, the Court may issue a warrant authorising any police officer named therein to search for the child or young person, if necessary, and remove the child or young person and commit him or her to a place of temporary care and protection until he or she can be brought before a Youth Court to be dealt with under section 54. [3/2011; 27/2014] | (2) A warrant issued by a Magistrate’s Court under this section may authorise the police officer named therein, before committing the child or young person concerned to a place of temporary care and protection, to present the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may appear to be necessary. [3/2011] |
| (3) Sections 11(2), (3) and (4) and 12(1) to (4) apply, with the necessary modifications, in the case where a child or young person is removed under this section as they apply in the case where a child or young person is removed under section 11. [3/2011] |
| (4) A Magistrate’s Court issuing a warrant under this section may, by the same warrant, cause any person accused of any offence in respect of the child or young person to be apprehended and brought before the Court and proceedings to be taken against that person according to law. |
| (5) Any police officer authorised by warrant under this section to search for any child or young person or to remove any child or young person, with or without search, may enter, by the use of force if necessary, any house, building or other place specified in the warrant and may remove the child or young person therefrom. |
(6) Every warrant issued under this section —| (a) | must be addressed to and executed by a police officer who must be accompanied by the person laying the information, if that person so desires, unless the Magistrate’s Court by which the warrant is issued otherwise directs; and | | (b) | may, if the Court by which the warrant is issued so directs, also be accompanied by a registered medical practitioner appointed by the Director‑General for the purpose. [30/2019] |
|
| (7) It is not necessary in any information or warrant under this section to name the child or young person, but, in such case, the child or young person must be described as particularly as the knowledge of the informant or the Magistrate’s Court permits. [10 |
|
| Restrictions on children and young persons taking part in public entertainment |
14.—(1) No child or young person may take part in any public entertainment —| (a) | which is of an immoral nature; | | (b) | which is dangerous to life or prejudicial to the health, physical fitness and kind treatment of the child or young person; or | | (c) | without the consent of his or her parent or guardian. |
| (2) Any person who causes or procures such a child or young person, or being his or her parent or guardian allows the child or young person, to take part in any public entertainment in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [3/2011] |
| (3) If the person convicted under subsection (2) is the holder of a licence under the Public Entertainments Act 1958, the court may also order the cancellation of the licence or its suspension for such period as the court may think fit. [28/2017] |
(4) In this section —| “entertainment” includes an exhibition or performance; |
| “public entertainment” means an entertainment to which the public or any section of the public is admitted or in connection with which a charge, whether for admission or otherwise, is made. [11 |
|
|
| Voluntary care agreements |
15.—(1) The Director‑General may enter into a voluntary care agreement —| (a) | with both the parents of a child or young person; or | | (b) | where a child or young person has one or more guardians, with all the guardians, |
| subject to such conditions as may be prescribed, if the Director‑General is of the view that the voluntary care agreement will promote the welfare of the child or young person. |
[30/2019] (2) Despite subsection (1), where any parent or guardian of a child or young person —| (a) | cannot be contacted by the Director‑General after reasonable attempts have been taken to contact the parent or guardian; or | | (b) | is incapable or unwilling to decide whether or not to enter into a voluntary care agreement, |
| the Director‑General may enter into a voluntary care agreement in respect of the child or young person with the other parent, or guardian or guardians, as the case may be. |
[30/2019] |
(3) The Director‑General may extend the validity period of the voluntary care agreement by up to 3 years without the consent of both the parents or all the guardians of the child or young person (whether the voluntary care agreement was entered before, on or after 1 July 2020, if —| (a) | the voluntary care agreement expires in less than one month unless it is extended; | | (b) | either —| (i) | both the parents or all the guardians of the child or young person cannot be contacted by the Director‑General despite reasonable attempts by the Director‑General to do so; or | | (ii) | both the parents or all the guardians of the child or young person are incapable or unwilling to decide whether or not to extend the voluntary care agreement; and |
| | (c) | the Director‑General is of the view that it is in the best interests of the child or young person to extend the validity period of the voluntary care agreement. [30/2019] |
|
(4) A voluntary care agreement in respect of a child or young person may be terminated by —| (a) | the Director‑General giving written notice to the parent or parents, or guardian or guardians who are party to the voluntary care agreement; | | (b) | any parent or guardian who is a party to the voluntary care agreement giving written notice to the Director‑General; or | | (c) | the parent or guardian who is not a party to the voluntary care agreement, giving written notice to the Director‑General and the other parent or guardian or guardians. [30/2019] |
|
| (5) The voluntary care agreement in respect of which one or more written notices mentioned in subsection (4) are given terminates on the expiry of the prescribed period after the date of the service of the notice on the last person. [11A [30/2019] |
|
|
| Trafficking in children and young persons |
[30/2019] | Unlawful transfer of possession, custody or control of child or young person |
| 16.—(1) Every person who takes any part in any transaction the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody or control of a child or young person for any valuable consideration shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 4 years. [30/2019] | (2) Every person who, without lawful authority or excuse, harbours or has in his or her possession, custody or control any child or young person with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or outside Singapore shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. [3/2011; 30/2019] |
| (3) It is a defence in any prosecution under this section to prove that the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption and that at least one of the natural parents of the child or young person or the legal guardian of the child or young person, was a consenting party to the marriage or to the adoption by the adopting party, and had expressly consented to the marriage or adoption. [30/2019] |
| (4) In this section, “legal guardian”, in relation to a child or young person, means a person lawfully appointed by deed or will or by the order of a competent court to be the guardian of that child or young person. [12 |
|
| Importation of child or young person by false pretences |
| 17. Any person who, by or under any false pretence, false representations or fraudulent or deceitful means made or used either within or outside Singapore, brings or assists in bringing any child or young person into Singapore shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. [13 [3/2011; 30/2019] |
| Power to examine children and persons in charge of them |
| 18.—(1) The Director‑General, a protector or any person authorised in that behalf by the Director‑General or a protector in writing may require any child or young person and any person who may appear to have the custody or control of the child or young person to appear before the Director‑General or protector at any reasonable time and at any convenient place. [30/2019] | (2) The Director‑General or a protector may examine the child or young person as to his or her reasons for entering or being in Singapore and may examine the person respecting the child or young person, and the child or young person and that person are legally bound to answer such questions truthfully to the best of their ability. [14 [30/2019] |
|
| 19. No female below 18 years of age who is or has been detained or in respect of whom a bond or security has been taken under the provisions of this Act may contract any form of marriage without the previous written consent of a protector. [15 |
| Power of Director‑General and protector to require security |
20. If the Director-General or a protector has reasonable cause to believe that any child or young person —| (a) | has been brought into Singapore either after having been transferred for valuable consideration or by fraud, misrepresentation or any false pretence; | | (b) | has been transferred to the custody or control of any person for valuable consideration either within or outside Singapore; | | (c) | is being detained against his or her will by some person other than his or her parents or lawful guardian; or | | (d) | is a trafficked victim, as defined in section 2 of the Prevention of Human Trafficking Act 2014, |
| the Director‑General or protector may either — |
| (e) | order any person in whose custody or under whose control the child or young person appears to be —| (i) | to furnish him or her with copies of the photographs of the child or young person and the photographs of that person; and | | (ii) | to furnish security to his or her satisfaction that the child or young person will not leave Singapore without the previous written consent of the Director‑General or protector (as the case may be), and that the child or young person will be produced before the Director‑General or protector (as the case may be) whenever he or she requires it; or |
| | (f) | in the first instance, or if default be made in complying with any order made under sub‑paragraph (e), order that the child or young person be taken out of the custody of the person in whose care, custody or control the child or young person is and commit the child or young person to a place of temporary care and protection or, on such security and on such conditions as the Director‑General or protector (as the case may be) may require, to the custody of a relative or other fit person until the child or young person attains 18 years of age or for any shorter period. [16 [3/2011; 45/2014; 30/2019] |
|
21.—(1) A protector or any officer generally or specially authorised in that behalf in writing by a protector may at any time visit and inspect the place where any child or young person in respect of whom security has been furnished under section 20 lives or is believed to live or to be.| (2) The protector or any such officer may inquire into the condition and circumstances of the child or young person and for the purposes of the inquiry, the protector or such officer may require any person to answer any question he or she may think proper to ask and that person is legally bound to answer such questions truthfully to the best of that person’s ability. |
| (3) Any person who obstructs or hinders or attempts to obstruct or hinder a protector or any such officer in the exercise of the powers conferred by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [17 [3/2011] |
|
| 22. The Director‑General or a protector may, during or after any inquiry referred to in section 9, 18 or 21, arrest or cause to be arrested any person reasonably believed to have committed an offence under section 6, 8, 16 or 17 and seize and detain any article or document which he or she may have reason to believe relates to the offence. [18 [30/2019] |
|
| Powers of entry, etc., for enforcement purpose |
23.—(1) The Director‑General, a protector or any officer generally or specially authorised in that behalf in writing by the Director‑General or a protector may, for an enforcement purpose, do all or any of the following:| (a) | enter, and for that purpose, use such force as may be reasonably necessary, and search any premises where he or she has reasonable cause to suspect that an offence under this Act has been or is being committed; | | (b) | take any document or other thing at the premises mentioned in paragraph (a), if the Director‑General, protector or authorised officer considers it necessary to do so for the purpose of obtaining evidence of an offence under this Act; | | (c) | photograph or film, or make audio recordings or make sketches, of any part of the premises mentioned in paragraph (a) or anything at the premises or of any person whom the Director‑General, protector or authorised officer reasonably believes is acquainted with any facts or circumstances relevant to the enforcement purpose; | | (d) | photograph any child or young person who is found at the premises mentioned in paragraph (a) or anywhere else, and whom the Director‑General, protector or authorised officer is satisfied on reasonable grounds that the child or young person is in need of care or protection. [30/2019] |
(2) In this section, “enforcement purpose” means —| (a) | ensuring that the provisions of this Act are being complied with; or | | (b) | investigating an offence under this Act or a contravention of a provision under this Act. [19 [30/2019] |
|
|
| When court may try offence |
24. No court may try any offence punishable under this Act except with the consent of the Public Prosecutor or a Deputy Public Prosecutor or upon a complaint made by —| (a) | the Director‑General or a protector; | | (b) | a Justice of the Peace; | | (c) | a police officer not below the rank of sergeant; or | | (d) | any other person authorised in writing by the Minister, the Director‑General or a protector, either by name or office, to make complaint of any offence under this Act. [20 [15/2010; 30/2019] |
|
| Court may determine and declare age of child or young person |
25.—(1) Where, in any proceedings under this Act, a person is alleged to be a child or young person, the court may, after making such inquiry as it thinks fit as to the age of that person, determine and declare his or her age.| (2) For the purposes of this Act, the age declared by the court under subsection (1) is deemed to be the true age of that person, unless the contrary is proved, in the same or any subsequent proceedings brought in relation to that person. |
| (3) Where a person is charged with an offence under this Act in respect of a person apparently under a specified age, it is a defence to prove that the person was actually of, or above, that age. [21 |
|
26. Any person who —| (a) | refuses to answer, to the best of his or her knowledge and belief, any question which he or she is legally bound to answer and which is asked of him or her by any officer appointed or authorised under this Act; | | (b) | makes, signs or delivers or causes to be made, signed or delivered any wilfully false or incorrect notification, report or statement; | | (c) | refuses to allow an officer appointed or authorised under this Act such entry or access to any place as he or she is required by this Act to allow; or | | (d) | contravenes any order made by the Director‑General or a protector under this Act, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
[22 [3/2011; 30/2019] |
| Certificate of Director‑General or protector to be evidence |
| 27. A certificate purporting to be under the hand of the Director‑General or a protector as to any entry in a register or any other record or as to any matter or thing which he or she is authorised by this Act to make or to do is prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or not done. [23 [30/2019] |
| Maintenance of child or young person when committed to care of any person |
28.—(1) Where under this Act a child or young person is committed to the care of any person —| (a) | that person, while the order of committal is in force, has the like control over the child or young person as if that person were the parent of the child or young person and is responsible for the maintenance of the child or young person; and | | (b) | the child or young person continues in the care of that person even though the child or young person is claimed by his or her parent or guardian or any other person. |
(2) Any person who —| (a) | without lawful authority removes a child or young person from the custody of the person to whose care the child or young person has been committed under this Act; | | (b) | knowingly assists or induces, directly or indirectly, a child or young person to escape from the person to whose care he or she has been committed under this Act; or | | (c) | knowingly —| (i) | harbours or conceals a child or young person who has escaped from the person to whose care he or she has been committed under this Act; | | (ii) | prevents such child or young person from returning to the person to whose care he or she has been committed under this Act; or | | (iii) | assists any other person in doing any of the acts mentioned in sub‑paragraphs (i) and (ii), |
|
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. |
[3/2011] |
| (3) For the purposes of this section, a child or young person who, under this Act, is committed or sent to a juvenile rehabilitation centre, place of safety, remand home, place of detention or place of temporary care and protection is deemed to have been committed to the care of the person‑in‑charge of the juvenile rehabilitation centre, place of safety, remand home, place of detention or place of temporary care and protection, as the case may be. [24 [3/2011; 30/2019] |
|
| Contribution orders by Director‑General or protector |
| 29.—(1) Where an order has been made by the Director‑General or a protector under section 20(f), the Director‑General or protector may at the time of or subsequent to the making of the order make a further order (called in this section a contribution order) requiring the parent or guardian or the person having the custody of the child or young person at the time of the making of the contribution order to contribute such weekly or monthly sum as the Director‑General or protector, having regard to the means of the parent or guardian, thinks fit for the maintenance of the child or young person. [30/2019] | (2) It is the duty of the parent or guardian or other person to comply with the terms of a contribution order made by the Director‑General or a protector, as the case may be. [30/2019] |
| (3) The Director‑General or a protector must not make a contribution order without giving the person ordered to contribute an opportunity to be heard. [30/2019] |
(4) A contribution order made by the Director‑General or a protector remains in force for so long as the committal order in respect of the child or young person is in force except that such order —| (a) | may be varied, revoked or suspended by the Director‑General or protector, as the case may be; but | | (b) | must not be so varied as to increase any contribution payable thereunder without giving the person making the contribution an opportunity to be heard. [30/2019] |
|
| (5) If any person wilfully neglects to comply with a contribution order made by the Director‑General or a protector under this section, a court may, for every breach of the order, by warrant direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court, or may sentence the person to imprisonment for a term not exceeding one month for each month’s contribution remaining unpaid. [25 [30/2019] |
|
| 30. Any power exercisable by a Magistrate’s Court under this Part may also be exercised by a District Court. [26 |
| Provision of places of temporary care and protection |
| 31. The Minister may designate any orphanage, hospital, home for children and young persons, institution or other place to be a place of temporary care and protection for the purposes of this Act. [27 [30/2019] |
|
|
