PART V
REMOVAL FROM SINGAPORE
Removal of prohibited immigrants from Singapore
31.—(1)  If during the examination of any person arriving in Singapore or after such inquiry as may be necessary that person is found to be a prohibited immigrant, the Controller shall, subject to the provisions of the regulations, prohibit him from disembarking or may, in his discretion, detain him at an immigration depot or other place designated by the Controller.
(2)  The person shall be liable to be removed from Singapore to his place of embarkation or to the country of his birth or citizenship or to any other port or place designated by the Controller.
[38/93]
(3)  For the purposes of this Part, any reference to a person who has arrived in Singapore includes a reference to a person who has arrived but has not yet entered Singapore.
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Power of Controller to remove prohibited immigrants
31A.—(1)  The Controller may, at any time, by order in writing, direct any person mentioned in subsection (2) to remove, within such period as may be specified in the order, a prohibited immigrant who has arrived in Singapore.
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(2)  An order under subsection (1) shall be made against and served on —
(a)the master of the vessel, aircraft or train which first brought the prohibited immigrant to Singapore; or
(b)the master of any other vessel, aircraft or train belonging to the same owner or chartered by the same charterer of the vessel, aircraft or train mentioned in paragraph (a).
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(3)  The Controller may take such action or use such force as may be necessary to ensure that an order under this section is complied with.
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(4)  Without prejudice to the generality of subsection (3), the Controller may, by order in writing, direct the person against whom an order under this section is made, not to move his vessel, aircraft or train unless the prohibited immigrant named in that order is on board the vessel, aircraft or train.
[38/93]
Removal of illegal immigrants
32.—(1)  Any person who is convicted of an offence under section 5, 6, 8 or 9 shall be liable to be removed from Singapore by order of the Controller.
(2)  No citizen of Singapore convicted of an offence under section 5 shall be ordered to be removed from Singapore under this section.
Removal of persons unlawfully remaining in Singapore
33.—(1)  Where the presence of any person in Singapore is unlawful by reason of section 15 or 62, that person shall, whether or not any proceedings are taken against him in respect of any offence under that section, be liable to be removed from Singapore by order of the Controller.
(2)  Any person in respect of whom an order of removal has been made under subsection (1) may appeal to the Minister in such manner and within such time as may be prescribed.
(3)  There shall be no appeal under subsection (2) against an order of removal under subsection (1) made in respect of any person whose presence in Singapore is unlawful under section 15 or 62 by reason of the expiry of any pass relating to or issued to him.
(4)  An appeal under subsection (2) shall not operate as a stay of execution of any order of removal under subsection (1).
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(5)  Where an order of removal under subsection (1) has been made in respect of any person, any permit, certificate or pass to enter or remain in Singapore issued to him under this Act or the regulations shall cease to be valid.
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(6)  Nothing in this Part or the regulations shall require the Minister, the Controller or any other public officer to disclose any fact, produce any document or assign any reason for the making of any removal order under this Part which he considers it to be against the public interest to do so.
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Detention of persons ordered to be removed
34.—(1)  Where any person is ordered to be removed from Singapore under the provisions of this Act, it shall be lawful for the Controller to order that person to be detained in custody for such period as may be necessary for the purpose of making arrangements for his removal.
(2)  Any person detained under subsection (1) who appeals under section 33(2) against the order of removal may, in the discretion of the Controller, be released, pending the determination of his appeal, on such conditions as to furnishing security or otherwise as the Controller may think fit.
(3)  Subject to the determination of any appeal under section 33, any person who is ordered to be removed from Singapore may be placed on board a suitable vessel, aircraft or train by any police officer or immigration officer, and may be lawfully detained on board that vessel, aircraft or train, so long as the vessel, aircraft or train is within the limits of Singapore.
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(4)  Any person who is detained in custody in pursuance of an order made by the Controller under subsection (1) may be so detained in any prison, police station or immigration depot, or in any other place appointed for the purpose by the Controller.
Power to arrest person liable to removal
35.  Any person reasonably believed to be a person liable to removal from Singapore under this Act may be arrested without warrant by any immigration officer generally or specially authorised by the Controller in that behalf or by a police officer, and may be detained in any prison, police station or immigration depot for a period not exceeding 14 days pending a decision as to whether an order for his removal should be made.
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Unlawful return after removal
36.  Any person who, having been removed or otherwise lawfully sent out of Singapore, enters or resides in Singapore without the permission in writing of the Controller shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than one year and not more than 3 years and shall also be liable to a fine not exceeding $6,000, and shall in addition be liable to be removed from Singapore.
[35/84; S 22/89]