PART 2
ENTRY INTO AND DEPARTURE FROM SINGAPORE
Entry into and departure from Singapore
5.—(1)  The Minister may, by notification in the Gazette, prescribe approved routes and declare such immigration control posts, landing places, airports, train checkpoints or points of entry, as the Minister may consider to be necessary for the purposes of this Act, to be immigration control posts, authorised landing places, authorised airports, authorised train checkpoints or authorised points of entry, as the case may be.
(1A)  In declaring under subsection (1) any place to be an immigration control post, a landing place or an authorised point of entry, the Minister may specify that it or any part of the place is to be an immigration control post, a landing place or an authorised place of entry generally only for a fixed period or for fixed periods of time in any day, or only for the separate and exclusive immigration clearance of a particular person or class of persons.
[18/2012]
(2)  A person must not, unless compelled by accident or other reasonable cause, enter or attempt to enter Singapore except at an authorised landing place, airport, train checkpoint or point of entry.
(3)  The Minister may, by notification in the Gazette, prescribe approved routes and declare such immigration control posts, places of embarkation, authorised airports, authorised train checkpoints, authorised departing places or authorised points of departure, as the case may be.
(3A)  In declaring under subsection (3) any place to be an authorised departing place or an authorised point of departure, the Minister may specify that it or any part of the place is to be an authorised departing place or an authorised point of departure generally only for a fixed period or for fixed periods of time in any day, or only for the separate and exclusive immigration clearance of a particular person or class of persons.
[18/2012]
(4)  A person must not, unless compelled by accident or other reasonable cause, leave or attempt to leave Singapore except at an authorised place of embarkation, airport, train checkpoint, departing place or point of departure.
(5)  Any person who contravenes subsection (2) or (4) shall be guilty of an offence.
(6)  Without affecting subsection (1A) or (3A), where upon the application of any person (called in this section the applicant), any place or any part of that place is declared under subsection (1) or (3) (as the case may be) to be an immigration control post, a landing place, an authorised point of entry or an authorised departing place or authorised point of departure for the separate and exclusive immigration clearance of the applicant, or a particular person or class of persons associated with the applicant, the Controller may, with the approval of the Minister, require the applicant to pay to the Controller a rate, at such intervals and at such amount or rate as may be prescribed, for or in connection with immigration clearance performed by immigration officers at that place or part thereof.
[18/2012]
(7)  The number of immigration officers to be deployed at any immigration control post, landing place, authorised point of entry, authorised departing place or authorised point of departure mentioned in subsection (6) is to be determined at the Controller’s discretion.
[18/2012]
(8)  In this section, unless the context otherwise requires —
“immigration clearance”, in relation to any person, includes refusing the person entry into Singapore or exit from Singapore;
“separate and exclusive immigration clearance” includes immigration clearance carried out only during a particular period or periods in a day for a particular person or class of persons.
[18/2012]
Person entering or leaving Singapore to produce passport, etc.
5A.—(1)  Subject to subsection (2), every person, whether a citizen of Singapore or a non‑citizen, who is arriving in Singapore (by air, sea or land) from a place outside Singapore, or is leaving Singapore (by air, sea or land) to a place outside Singapore, must present to an immigration officer at the authorised airport, authorised landing place, authorised train checkpoint, authorised point of entry, authorised departing place or authorised point of departure, as the case may be —
(a)if the person is a citizen of Singapore (whether or not the person is also the national of a country other than Singapore) — the person’s Singapore passport that is valid, and any other prescribed evidence of the person’s identity and Singapore citizenship; or
(b)if the person is a non-citizen —
(i)the person’s foreign passport or other foreign travel document that is valid, and such other evidence of the person’s identity as the immigration officer may require; and
(ii)where a Singapore visa is required by section 9B, evidence of a Singapore visa that is in effect and is held by the person.
(2)  The immigration officer may waive —
(a)the requirements of a passport or travel document if the person is a citizen of Singapore and in prescribed circumstances; or
(b)the requirements of a passport, travel document or Singapore visa in the case of any person entering Singapore from a place outside Singapore and holding a valid entry permit, re-entry permit or certificate of status issued in accordance with this Act.
(3)  Any person who enters or leaves Singapore in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)  Subsection (1) does not apply to such categories of persons as the Minister may prescribe.
Facilities at authorised areas
5B.—(1)  The Minister may, by written notice, require the owner or occupier of any premises within which an authorised area is or is to be located (called in this section the relevant owner or occupier), but not the Government —
(a)to provide and maintain in the authorised area, at the relevant owner’s or occupier’s cost, such facilities and resources as the Minister considers necessary for the proper, secure and efficient functioning of the authorised area, including providing such facilities to the immigration officers whose duties require their presence within or at the perimeter of the authorised area; or
(b)to permit the establishment of immigration offices within the authorised area.
[18/2012]
(2)  The Minister may give to the relevant owner or occupier such written directions as may be necessary —
(a)to ensure compliance with the provisions of this Act and the regulations; or
(b)for the proper, secure and efficient functioning of the authorised area.
[18/2012]
(3)  The relevant owner or occupier must comply with the written notice or direction served or given to the relevant owner or occupier under subsection (1) or (2).
[18/2012]
(4)  Any relevant owner or occupier who or which fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $100,000 and not more than $200,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.
[18/2012]
(5)  Where a body corporate is guilty of an offence under subsection (4) 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 of any person purporting to act in any such capacity, he or she, as well as the body corporate, shall each be guilty of that offence and shall each be liable to be proceeded against and punished accordingly.
[18/2012]
(6)  In this section, “owner” means any person who has an estate or interest in the premises and whose permission to enter the premises is needed by another before that other may enter the premises.
[18/2012]
Control of entry into and departure from Singapore
6.—(1)  A person, other than a citizen of Singapore, must not enter or attempt to enter Singapore unless —
(a)he or she is in possession of a valid entry permit or re‑entry permit lawfully issued to him or her under section 10 or 11;
(b)his or her name is endorsed upon a valid entry permit or re‑entry permit in accordance with section 12, and he or she is in the company of the holder of that permit;
(c)he or she is in possession of a valid pass lawfully issued to him or her to enter Singapore; or
(d)he or she is exempted from this subsection by an order made under section 56.
(2)  Every person departing from Singapore, other than a citizen of Singapore or a person exempted from this subsection by an order made under section 56, must, if so required by an immigration officer, complete an embarkation form and submit it for examination by that officer at the time he or she leaves Singapore.
[18/2012]
(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence and —
(a)in the case of an offence under subsection (1), shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished with caning with not less than 3 strokes, or where by virtue of that section he or she is not punishable with caning, he or she shall, in lieu of caning, be punished with a fine not exceeding $6,000;
(b)in the case of an offence under subsection (2), 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.
[15/2010]
(4)  In any proceedings for an offence under subsection (1), it is presumed, until the contrary is proved, that the defendant attempted to enter Singapore in contravention of subsection (1)(c) if the defendant was found within the waters of the port and it is proved to the satisfaction of the court that —
(a)he or she was unable, or refused, to produce when requested to do so by a police officer or an immigration officer a valid passport or other valid travel document issued by the competent authority of any State or territory;
(b)he or she has no visible means of subsistence; or
(c)he or she had taken precautions to conceal his or her identity or presence from any police officer or immigration officer.
(5)  In this section, “port” means any place declared to be a port under section 3 of the Maritime and Port Authority of Singapore Act 1996.
Non-citizens born in Singapore
6A.—(1)  A child who —
(a)is born in Singapore on or after 15 January 2005; and
(b)is not a citizen of Singapore at the time of his or her birth,
is deemed to be issued with a special pass authorising him or her to remain in Singapore.
(2)  A special pass mentioned in subsection (1) is valid for 42 days from the date of the birth of the child and may be extended for such period as the Controller thinks fit.
(3)  An application to renew a special pass referred to in subsection (1) —
(a)must be made —
(i)in the case of a legitimate child, by the father or mother; or
(ii)in the case of an illegitimate child, by the mother; and
(b)must be in such form as the Controller may determine.
(4)  Upon an application made under subsection (3), the Controller may extend the special pass or issue the child with such permit or other pass as the Controller thinks fit.
(5)  The father or mother in the case of a legitimate child, or the mother in the case of an illegitimate child, must ensure that the child mentioned in subsection (1) does not remain in Singapore after the expiry of the special pass or, where a permit or pass has been issued to the child under subsection (4), the expiry of the permit or pass, as the case may be.
(6)  Any person who contravenes subsection (5) shall be guilty of an offence.
Right of entry
7.—(1)  A citizen of Singapore is entitled to enter Singapore without having obtained a permit or pass in that behalf under this Act.
(2)  The burden of proof that any person is a citizen of Singapore shall lie upon that person.
Prohibited immigrants
8.—(1)  Any person, not being a citizen of Singapore, who is a member of any of the prohibited classes as defined in subsection (3) or who, in the opinion of the Controller, is a member of any of the prohibited classes, is a prohibited immigrant.
(2)  Subject to any exemption granted under section 56 —
(a)a prohibited immigrant who is a member of the prohibited class defined in subsection (3)(o) must not enter Singapore; and
(b)any other prohibited immigrant must not enter Singapore, unless he or she is in possession of a valid pass in that behalf issuable to a prohibited immigrant under the regulations.
(3)  The following persons are members of the prohibited classes:
(a)any person who is unable to show that he or she has the means of supporting himself or herself and his or her dependants (if any) or that he or she has definite employment awaiting him or her, or who is likely to become a pauper or a charge on the public;
(b)any person suffering from a contagious or infectious disease which makes his or her presence in Singapore dangerous to the community;
(ba)any person suffering from Acquired Immune Deficiency Syndrome or infected with the Human Immunodeficiency Virus;
(c)any person desiring to enter Singapore who refuses to submit to an examination after being required to do so under section 29(1);
(d)any person who —
(i)has been convicted in any country or state of an offence for which a sentence of imprisonment has been passed for any term;
(ii)has not received a free pardon; and
(iii)by reason of the circumstances connected with that conviction is deemed by the Controller to be an undesirable immigrant;
(e)any prostitute or any person who is living on or receiving or who, prior to entering Singapore, lived on or received the proceeds of prostitution;
(f)any person who procures or attempts to bring into Singapore prostitutes or women or girls for the purpose of prostitution or other immoral purpose;
(g)vagrants or habitual beggars;
(h)any person whose entry into Singapore is, or at the time of his or her entry was, unlawful under this Act or any other written law for the time being in force;
(i)any person who believes in or advocates the overthrow by force or violence of the Government or of any established government or of constituted law or authority or who disbelieves in or is opposed to established government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property;
(j)any person who is a member of or affiliated with any organisation entertaining or teaching disbelief in or opposition to established government or advocating or teaching the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or officers generally, of the Government or of any established government, because of his, her or their official character, or advocating or teaching the unlawful destruction of property;
(k)any person who, in consequence of information received from any source or from any government through official or diplomatic channels, is considered by the Minister to be an undesirable immigrant;
(l)any person who has been removed from any country or state by the government of that country or state on repatriation for any reason whatever and who, by reason of the circumstances connected therewith, is considered by the Controller to be an undesirable immigrant;
(m)any person who, being required by any written law for the time being in force to be in possession of valid travel documents, is not in possession of those documents or is in possession of forged or altered travel documents or travel documents which do not fully comply with that written law;
(n)the family and dependants of a prohibited immigrant; and
(o)any person prohibited by an order made under section 9 from entering Singapore.
[18/2012]
(4)  The burden of proof that any person seeking to enter Singapore is not a prohibited immigrant shall lie upon that person.
(4A)  Where the Controller refuses to allow any person to enter Singapore on the ground that the person is a prohibited immigrant, the Controller must, if so requested by the person, inform the person of the class of prohibited immigrants of which, in the opinion of the Controller, the person is a member.
(5)  Subject to any exemption granted under section 56, if any prohibited immigrant enters Singapore otherwise than in accordance with a valid pass lawfully issued to him or her, he or she shall be guilty of an offence.
(6)  Any person in possession of a permit issued to him or her under the provisions of this Act who, upon his or her arrival in Singapore, is refused permission to enter on the ground that he or she is a prohibited immigrant, may appeal against the refusal, within such time and in such manner as may be prescribed, to the Minister whose decision is final.
(7)  Despite sections 24, 25, 25A and 26, any person who appeals against such refusal must be permitted to disembark and must be detained in an immigration depot pending the determination of his or her appeal, unless released on a pass issued at the discretion of the Controller on such conditions as to furnishing security or otherwise as the Controller may think fit.
Power to prohibit or limit entry into Singapore
9.—(1)  The Minister may, by order —
(a)where the Minister thinks it expedient to do so in the interests of public security or by reason of any economic, industrial, social, educational or other conditions in Singapore —
(i)prohibit, either for a stated period or permanently, the entry or re‑entry into Singapore of any person or class of persons;
(ii)limit the number of persons of any class who may enter Singapore within any period specified in the order; or
(iii)limit the period during which any person or class of persons entering or re‑entering Singapore may remain therein; or
(b)prohibit the entry into Singapore of passengers brought to Singapore by any transportation company which refuses or neglects to comply with the provisions of this Act.
(1A)  No order made under subsection (1)(a), except an order made in the interests of public security, applies to any person outside Singapore at the time when the order is made and who is in possession of a valid re‑entry permit lawfully issued to him or her.
(2)  An order made under subsection (1) does not apply to any citizen of Singapore or to any person seeking to enter Singapore under and in accordance with any pass lawfully issued to that person.
(3)  Every order made under subsection (1)(a) which relates to a class of persons, except an order made in the interests of public security, must be presented to Parliament as soon as possible after publication in the Gazette and if a resolution is passed within the next 3 months after the order is so presented disapproving the order or any part thereof, the order or such part thereof (as the case may be) ceases to have effect but without affecting the validity of anything previously done thereunder.
(4)  Every order made under subsection (1), unless otherwise expressed therein, comes into force on the date of the making of the order, and must be published in the Gazette.
(5)  Any person who enters or re-enters or remains in Singapore in contravention of any order made under subsection (1) shall be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than 2 years and not more than 4 years and shall also be liable to a fine not exceeding $6,000.
[15/2019]
(6)  Where a person, who has been previously convicted of any offence which is punishable with imprisonment for a term of not less than 3 years, commits an offence under subsection (5) by the use of a passport or other travel document which bears a name different from that stated in the order made against him or her under subsection (1), he or she shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 5 years and shall also be liable to a fine not exceeding $10,000 and to caning.