PART 6 | Performance of duties of immigration officers |
37.—(1) Immigration officers appointed under this Act must perform the duties imposed on them by this Act and the regulations, and must also perform such duties as are required of them by the Controller, either directly or through any other officer.| (2) No action taken by any such officer under or for any purpose of this Act is deemed to be invalid or unauthorised by reason only that it was not taken by the officer specially appointed or detailed for the purpose. |
| (3) Every immigration officer is deemed to be a public servant within the meaning of the Penal Code 1871. |
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| Authority of immigration officer to arrest and prosecute |
| 38.—(1) Except when exercising any powers under section 51AA, every immigration officer appointed under this Act has the authority and powers of a police officer to enforce any of the provisions of this Act relating to arrest, detention or removal. [6/2018] | (2) Every immigration officer has the authority to appear in court and may, with the authorisation of the Public Prosecutor, conduct any prosecution in respect of any offence under this Act or the regulations. [15/2010] |
| (3) In any case relating to the commission of an offence under this Act or the regulations, an immigration officer has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into a seizable offence. |
| (4) For the purposes of subsection (3), when an immigration officer is exercising the powers of a police officer under the Criminal Procedure Code 2010, the immigration officer is deemed to be an officer not below the rank of inspector of police. [15/2010] |
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| Immigration officer to be armed |
| 38A. Every immigration officer must be provided with such batons, arms, ammunition and other accoutrements as may be necessary for the effective discharge of his or her duties. |
| Power to summon witnesses, etc. |
39.—(1) The Controller may, for the purpose of any inquiry under this Act, summon and examine witnesses on oath or affirmation, and may require the production of documents relevant to the inquiry.| (2) Any person summoned as a witness under subsection (1) who, without reasonable excuse, fails to attend at the time and place mentioned in the summons, or who, having attended, refuses to answer any question that may lawfully be put to him or her or to produce any document which it is in his or her power to produce, shall be guilty of an offence. |
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| Exclusion of judicial review |
39A.—(1) There shall be no judicial review in any court of any act done or decision made by the Minister or the Controller under any provision of this Act except in regard to any question relating to compliance with any procedural requirement of this Act or the regulations governing that act or decision. (2) In this section, “judicial review” includes proceedings instituted by way of —| (a) | an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; | | (b) | an application for a declaration or an injunction; | | (c) | an Order for Review of Detention; and | | (d) | any other suit or action relating to or arising out of any decision made or act done pursuant to any power conferred upon the Minister or the Controller by any provision of this Act. |
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| Minister may designate others to hear appeals |
39B.—(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 8(6), 10(5), 11(6), 14(6), 29(7) or 33:| (a) | the Second Minister (if any) for his or her Ministry; | | (b) | any Minister of State for his or her Ministry; | | (c) | any Parliamentary Secretary to his or her Ministry. [16/2016] |
| (2) Any reference to the Minister in section 8(6), 10(5), 11(6), 14(6), 29(7), 33 or 39A includes a reference to a person designated under subsection (1). [16/2016] |
(3) To avoid doubt, in this section —| “Minister of State” includes a Senior Minister of State; |
| “Parliamentary Secretary” includes a Senior Parliamentary Secretary. [16/2016] |
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| Duty of police officers to execute orders |
| 40. Every police officer must, when so requested by an immigration officer, receive and execute any written order of the Controller, and any warrant of the Controller for the arrest, detention or removal of any person made under the provisions of this Act. |
| Restriction on discharge of member of crew |
41.—(1) When any seaman is about to be or is discharged or paid off in Singapore, the master, owner, charterer or agent must so notify the Controller.(2) A member of a crew who has been discharged or paid off must not be left in Singapore unless either —| (a) | he or she is a citizen of Singapore; or | | (b) | he or she is in possession of a valid permit or pass. |
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| (3) Where there has been any contravention of subsection (2), the master, owner, charterer, agent or consignee of the vessel, aircraft or train in which the person concerned was employed is liable for the maintenance of that person and for the cost of that person’s repatriation to that person’s place of birth or citizenship or, if the master, owner, charterer, agent or consignee so elects, to such other place as the Controller may approve. |
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| Signing on or bringing as member of crew any person with intent to land contrary to this Act |
42. Any transportation company and any person, including the master and the owner of a vessel, aircraft or train arriving in Singapore, who —| (a) | has knowingly signed on the ship’s articles or brought to Singapore as a member of the crew of the vessel, aircraft or train any person with intent to permit that person to enter Singapore contrary to the provisions of this Act or the regulations; or | | (b) | represents to an immigration officer that that person is a bona fide member of the crew of the vessel, aircraft or train, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 and not less than $200 in respect of each such person. |
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| Security to prevent unlawful landing |
43.—(1) An immigration officer may demand security from the master, owner, charterer or agent or consignee of any vessel, aircraft or train from which the immigration officer has reasonable grounds to believe that any person is about to disembark in or enter Singapore in contravention of the provisions of this Act or the regulations, and may refuse to release the vessel, aircraft or train from examination until the security is furnished. | (1A) Despite subsection (1), an immigration officer may demand security from the master, owner, charterer or agent of any vessel to ensure that no member of the crew of the vessel disembarks in or enters Singapore in contravention of the provisions of this Act or the regulations, and may refuse to release the vessel from examination until the security is furnished. |
| (2) The Controller may, if satisfied that any person has disembarked in or entered Singapore from any vessel, aircraft or train, in respect of which security has been furnished under subsection (1) or (1A), in contravention of any provisions of this Act or the regulations, direct the forfeiture of the security or any part thereof. |
| (3) The Controller must not direct the forfeiture of any security under subsection (2) if he or she is satisfied that the master, owner, charterer, agent or consignee took every reasonable precaution to prevent any person from so disembarking in or entering Singapore. |
| (4) The security under subsection (1) or (1A) shall be given in such manner and form as the Controller may determine and may be by bond, guarantee, cash deposit or any other method, or by 2 or more different methods. |
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| Reports as to persons failing to continue their journey |
44.—(1) Where any through passenger on or member of the crew of any vessel, aircraft or train fails to continue his or her journey in the vessel, aircraft or train in circumstances from which it may reasonably be inferred that the passenger or member of the crew has remained in Singapore, the master of the vessel, aircraft or train (as the case may be) must notify an immigration officer or a police officer of the failure of the passenger or member of the crew to continue his or her journey. | (2) A master of a vessel, an aircraft or a train who fails to comply with subsection (1) shall be guilty of an offence. |
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45.—(1) Any person residing in Singapore who —| (a) | is not a citizen of Singapore; | | (b) | is by reason of destitution, infirmity or mental incapacity, unable to obtain employment or to support himself or herself and his or her family (if any); | | (c) | is unable to pay the cost of his or her passage and of the passages of his or her family (if any) to the country of his or her birth or citizenship; and | | (d) | is or is likely to become a charge upon the public or on a charitable institution, |
| may apply to the Controller for the repatriation of himself or herself and his or her family (if any) at the cost of the Government. |
| (2) Upon an application under subsection (1), if the Controller is satisfied, after such inquiry as he or she thinks necessary, that the person has or is about to become a charge on the public or on a charitable institution and is unable to pay the cost of the repatriation of himself or herself and his or her family (if any) and that no government, organisation, company or person is liable or willing to pay the cost of repatriation, the Controller may authorise the payment of the cost subject to the condition specified in subsection (3). |
| (3) Any person repatriated at the cost of the Government must enter into an undertaking, in such form as may be prescribed, that he or she will not return to Singapore without the written sanction of the Controller. |
| (4) Such sanction is conditional upon the person refunding to the Controller all costs and charges incurred in the repatriation of the person and his or her family (if any) and is subject to such other conditions as the Controller may consider expedient. |
| (5) Any person repatriated at the cost of the Government under this section who enters or attempts to enter Singapore without the sanction of the Controller under subsection (3), or who having entered Singapore with such sanction, fails or neglects to comply with any condition upon which the sanction was given, shall be guilty of an offence. |
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| Masters, owners, etc., liable for expenses |
46.—(1) If any person —| (a) | enters Singapore from any vessel, aircraft or train contrary to the provisions of this Act or the regulations; | | (b) | disembarks from any vessel on which he or she has been re‑embarked or to which he or she has been returned under section 19, 20 or 24; or | | (c) | arrives at any authorised airport or train checkpoint in Singapore from any aircraft or train (as the case may be) and is required to leave or depart from Singapore under section 25 or 25A, as the case may be, |
| the master, owner, charterer and agent thereof shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of the person and his or her removal from Singapore. |
[18/2012] | (2) The expenses are recoverable as a debt due to the Government from the master, owner, charterer and agent of the vessel, aircraft or train jointly and severally. |
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| Obligation to afford free passage |
47.—(1) When an order of removal is made under the provisions of this Act in respect of any person who has entered Singapore contrary to the provisions of this Act or the regulations, and the person was brought to Singapore in a vessel, an aircraft or a train, the master of the vessel, aircraft or train, and also the master of any vessel, aircraft or train belonging to the same owners or chartered by the same charterers, must, if required in writing by the Controller, receive the person on board his or her vessel, aircraft or train and afford the person free of charge a passage to the port or place at which the person embarked for Singapore or to any other port or place designated by the Controller and proper accommodation and maintenance during the voyage, flight or journey. | (2) No master shall be liable under subsection (1) unless the order of removal has been made by the Controller within 12 months from the date on which the person entered Singapore. |
| (3) A master of a vessel, an aircraft or a train who fails to comply with this section shall be guilty of an offence. |
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| Seizure of moneys for purposes of repatriation, etc. |
47A.—(1) A prohibited immigrant is liable to pay to the Government a sum sufficient to cover all expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Singapore of himself or herself and his or her dependants. | (2) For the purposes of subsection (1), the Controller may order a prohibited immigrant to be searched and that all moneys found on him or her when so searched be seized and used by the Controller to meet the expenses which have been incurred or may be incurred by the Government under that subsection. |
| (3) Where any sum seized under subsection (2) is in excess of the total amount of expenses for which the prohibited immigrant is liable under subsection (1), the balance of the moneys must be returned to him or her. |
| (4) The Controller may seize moneys under subsection (2) even though the prohibited immigrant has not been charged with nor convicted of an offence. |
| (5) Any person who claims to be the legal owner of any moneys seized under subsection (2) (other than the prohibited immigrant from whom the moneys were seized) may, within 6 years from the date of seizure, apply to the Controller in such form and manner as may be prescribed for the moneys seized to be returned to him or her. |
| (6) Despite the provisions of any written law, the moneys seized under subsection (2) (except any excess moneys which have been returned to the prohibited immigrant under subsection (3)) shall not be liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than to meet the expenses referred to in subsection (1) or any claim made under subsection (5). |
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48.—(1) The Controller may by writing under his or her hand authorise the Director of Marine to detain any vessel in connection with which an offence under this Act is reasonably believed to have been or to be about to be committed, and the vessel may then be detained either at the place where it is found or at any place to which the Controller may order it to be brought.| (1A) The Controller must give notice to the master, owner, charterer or agent of the vessel of the detention of the vessel. |
| (2) For the purposes of the detention and other lawful dealing with the vessel, the Director of Marine has power to muster the crew and may, if he or she considers it necessary to do so, place a police guard on board. |
| (3) The detention is for safe custody only, and ceases if a bond with 2 sufficient sureties to the satisfaction of the Controller is given by the master, owner, charterer or agent of the vessel for the payment of any fine, costs, expenses or charges incurred under this Act in respect of any offence or default thereunder. |
| (4) If default is made in the payment of any such fine, costs, expenses or charges, the Director of Marine may seize the vessel and the vessel is to be declared forfeited to the Government by order of a court of competent jurisdiction upon the application of the Attorney‑General. |
| (4A) Any vessel so forfeited is to be sold free of all encumbrances. |
| (5) The proceeds of sale of a vessel under this section must, despite any rule of law relating to priority of claims, be applied first in payment of any fine, costs, expenses or charges incurred under this Act and of any costs incurred in and about the sale and the proceedings leading thereto, and the balance must be paid to the owner of the vessel or other person lawfully entitled to the proceeds thereof. |
| (6) Section 3(1)(r) of the High Court (Admiralty Jurisdiction) Act 1961 is to be construed as extending to any claim in respect of a liability incurred by the owner of a vessel under this Act. |
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| Power to seize, detain and forfeit vessels below 200 tons or vehicles |
49.—(1) Any vessel below 200 tons or any vehicle that is used, or in respect of which there is reasonable cause to suspect that it has been or that it is about to be used, in the commission of any offence under this Act or the regulations may be seized and detained at any place either on land or in the territorial waters of Singapore —| (a) | by the Controller, or any immigration officer authorised in that behalf by the Controller in writing under his or her hand; or | | (b) | by any police officer authorised in that behalf by a Deputy Commissioner of Police in writing under his or her hand. [18/2012] |
| (2) The seizing officer must immediately give written notice of the seizure and the grounds thereof to the owner, charterer or agent of the vehicle or vessel so seized or detained, either by delivering the notice to the owner, charterer or agent in person or by post at that person’s place of office or abode, if known. |
| (3) The notice under subsection (2) is not required to be given where the seizure or detention is made in the presence of or with the knowledge of the offender or the owner or the agent of the offender or owner, as the case may be. |
| (4) Any vehicle or vessel liable to seizure or detention under subsection (1) is liable to forfeiture. |
| (5) An order for the forfeiture or for the release of any vehicle or vessel liable to forfeiture under this section is to be made by the court before which the prosecution with regard thereto has been held. |
| (6) Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that an offence under this Act or the regulations has been committed and that the vehicle or vessel was used in the commission of the offence, the court is to make an order for the forfeiture of the vehicle or vessel, even though no person may have been charged with or convicted of the offence. |
| (6A) No vehicle or vessel is to be forfeited under this section if it is established by the owner thereof that the vehicle or vessel was unlawfully in the possession of another person without the owner’s consent. |
| (7) The Controller may sell any vehicle or vessel forfeited under this section. |
| (8) The proceeds of the sale must, after payment of the expenses of the sale, be applied in payment of any fine, costs or charges incurred under this Act and any balance remaining must be paid into the Consolidated Fund. |
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50.—(1) Any person reasonably believed to be a person liable to removal from Singapore under any of the provisions of this Act may be questioned by an immigration officer.| (2) The person must fully and truthfully answer all questions and enquiries put to the person by the immigration officer tending, directly or indirectly, to establish the person’s identity, nationality or occupation or bearing on any of the restrictions contained in this Act or the regulations, and shall disclose and produce to that officer on demand all documents in the person’s possession relating to those matters. |
| (3) All such answers and documents are admissible in evidence in any proceedings under this Act against the person making or producing the same. |
| (4) Nothing in this section is to be construed as rendering any such answers inadmissible in any other proceedings in which they would otherwise be admissible. |
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| Power of search and arrest for offence under Act |
51.—(1) Any immigration officer or any other officer generally or specially authorised in writing in that behalf by the Controller, and any officer of the Singapore Customs acting under the instructions of such immigration officer, and any police officer may without a warrant and with or without assistance —| (a) | enter and search any premises; and | | (b) | stop and search any vehicle, train, vessel or person, or search any aircraft, whether in a public place or not, |
| if he or she has reason to believe that any evidence of the commission of an offence under this Act or the regulations is likely to be found on the premises or person or in the vehicle, vessel, aircraft or train, and may seize any evidence so found. |
[6/2018] | (2) A woman must not be searched under this section except by a woman. |
| (3) Any police officer, immigration officer or customs officer may arrest without warrant any person whom the officer reasonably believes has committed an offence under this Act or the regulations. |
| (4) Where any person is arrested by an immigration officer or customs officer under subsection (3), the immigration officer or customs officer must comply with sections 67 and 68 of the Criminal Procedure Code 2010 as if he or she were a police officer. [15/2010] |
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| Power of search and arrest for offences committed within authorised area, etc. |
51AA.—(1) An immigration officer or a police officer may, without a warrant and with or without assistance, stop and search any vehicle, train, vessel or person, or search any aircraft, within or in the vicinity of an authorised area, if the immigration officer or police officer has reason to believe that —| (a) | a relevant offence has been, or is likely to be, committed within or in the vicinity of the authorised area; and | | (b) | any evidence of the commission of the relevant offence is likely to be found on the person or in the vehicle, train, vessel or aircraft. [6/2018] |
| (2) An immigration officer or a police officer may seize any evidence so found under subsection (1). [6/2018] |
| (3) A woman must not be searched under this section except by a woman. [6/2018] |
(4) An immigration officer or a police officer may require any person subject to a search under subsection (1) to undergo any form of security screening, including doing one or more of the following:| (a) | to walk through a walk-through detector; | | (b) | to pass the person’s personal property through an X‑ray machine; | | (c) | to allow the immigration officer or police officer to pass a hand‑held scanner in close proximity to the person; | | (d) | to allow the immigration officer or police officer to pass a hand‑held scanner in close proximity to the person’s personal property. [6/2018] |
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| (5) If an immigration officer has reason to believe that a relevant offence has been committed within or in the vicinity of an authorised area, the immigration officer may examine orally any person who appears to be acquainted with the facts and circumstances of the relevant offence. [6/2018] |
| (6) The person mentioned in subsection (5) is bound to state truly the facts and circumstances with which the person is acquainted, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. [6/2018] |
(7) A statement made by a person mentioned in subsection (5) must —| (a) | be reduced to writing; | | (b) | be read over to the person; | | (c) | if the person does not understand English, be interpreted to the person in a language that the person understands; and | | (d) | after correction (if necessary), be signed by the person. [6/2018] |
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| (8) An immigration officer may arrest without warrant any person if the immigration officer has reason to believe that a relevant offence (being also an arrestable offence) has been committed within or in the vicinity of an authorised area. [6/2018] |
(9) An immigration officer may arrest any person who, within or in the vicinity of an authorised area, is accused of committing or commits in the view or presence of the immigration officer, a non‑arrestable offence if, on the demand of the immigration officer —| (a) | the person refuses to give his or her name and residential address; or | | (b) | the person gives a residential address outside Singapore, or a name or residential address which the immigration officer has reason to believe is false. [6/2018] |
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(10) In making the arrest under this section, the immigration officer —| (a) | must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action; and | | (b) | may use all reasonable means necessary to make the arrest if the person to be arrested forcibly resists or tries to evade arrest. [6/2018] |
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| (11) The person arrested must not be restrained more than is necessary to prevent the person’s escape. [6/2018] |
(12) Where any person is arrested by an immigration officer under subsection (8) or (9), the immigration officer —| (a) | must immediately inform a police officer of the arrest and await the arrival of a police officer to hand over the person to the police officer; and | | (b) | while awaiting the arrival of a police officer, may detain the person for a period not exceeding 24 hours in any suitable place of detention within or in the vicinity of an authorised area. [6/2018] |
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| (13) An immigration officer, who has reasonable grounds to suspect that a relevant offence may be committed within or in the vicinity of an authorised area, may intervene for the purpose of preventing and must, to the best of the immigration officer’s ability, use all lawful means to prevent the commission of the relevant offence. [6/2018] |
| (14) Where a relevant offence is committed within or in the vicinity of an authorised area, an immigration officer may, for the purpose of preserving any crime scene, cordon off any area where the relevant offence is committed. [6/2018] |
| (15) Nothing in this section affects any other power exercisable by an immigration officer under any other written law. [6/2018] |
(16) In this section —| “arrestable offence” and “non-arrestable offence” have the meanings given by section 2(1) of the Criminal Procedure Code 2010; |
| “relevant offence” means an offence under any written law (other than this Act or the regulations). [6/2018] |
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| Provision of information by Housing and Development Board |
| 51A.—(1) Any immigration officer duly authorised by the Controller may, if the immigration officer considers it necessary for administering or enforcing any requirement under this Act or the regulations relating to the reporting of the place of residence of any person or any change thereof, by written notice require the Board to disclose any secret or confidential document or information which is in the possession or control of the Board. [5/2010] | (2) The Board must disclose the document or information required by an immigration officer under subsection (1) despite any obligation as to secrecy or confidentiality imposed by any law. [5/2010] |
(3) Any immigration officer to whom any document or information has been disclosed under subsection (2) must not disclose that document or information to any other person except —| (a) | to another law enforcement officer for the performance of his or her official duties in administering or facilitating the administration of any written law, provided the Board consents to such disclosure; or | | (b) | for the purpose of criminal proceedings. [5/2010] |
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| (4) Any immigration officer who contravenes subsection (3), or any law enforcement officer who discloses any document or information obtained under that subsection to any other person other than for the purpose specified in paragraph (a) or (b) of that subsection, 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. [5/2010] |
(5) In this section, unless the context otherwise requires —| “Board” means the Housing and Development Board established under section 3 of the Housing and Development Act 1959; |
| “disclose”, in relation to any document or information, includes allowing access to such document or information; |
“law enforcement officer” means —| (a) | any police officer; | | (b) | any immigration officer; or | | (c) | any registration officer within the meaning of the National Registration Act 1965. [5/2010] |
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| Person registered under Enlistment Act 1970 |
52.—(1) An immigration officer may prevent any person from leaving Singapore and require the person to surrender the person’s passport to the immigration officer if the immigration officer has reason to believe that the person is a person subject to the Enlistment Act 1970 who has been registered under section 3 of that Act or is deemed to be registered or is liable to be registered under that Act and is attempting to leave Singapore without an exit permit issued by the proper authority. | (2) In this section, “person subject to the Enlistment Act 1970” and “proper authority” have the meanings given by the Enlistment Act 1970. |
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| 53. [Repealed by Act 26 of 2022 wef 12/06/2023] |
| Counterfoils, etc., to be prima facie evidence |
| 54. In any proceedings under this Act or at the hearing of any charge for an offence under this Act, any counterfoil or counterpart of any permit, pass, certificate or other document issued under this Act or the regulations and purporting to be signed by the Controller or by an immigration officer generally or specially authorised in that behalf by the Controller may be produced in evidence without further proof and is prima facie evidence of the facts therein stated and is, unless the contrary be proved, presumed to be a true statement of the relevant contents of the permit, pass, certificate or other document to which it relates. |
55.—(1) The Minister may make regulations not inconsistent with the provisions of this Act for all or any of the following purposes:| (a) | prescribing anything that is to be or may be prescribed under the provisions of this Act; | | (b) | prescribing the forms to be used for the purposes of this Act; | | (c) | prescribing —| (i) | the period for which permits are valid; | | (ii) | the terms and conditions subject to which any person (other than a person referred to in sub‑paragraph (v)) may be granted a permit and the authority who may issue permits; | | (iii) | the terms and conditions subject to which any person (other than a person referred to in sub‑paragraph (v)) may be granted a pass entitling him or her to enter and remain temporarily within Singapore, the period for which any pass may be granted, the classes of passes and the authority who may issue passes; | | (iv) | the terms and conditions subject to which any person may be granted a certificate of status entitling him or her to enter Singapore, the period for which the certificate may be granted and the authority who may issue such certificates; | | (v) | the terms and conditions subject to which any person who has ceased to be a citizen of Singapore may be granted a permit or a pass entitling him or her to enter, re‑enter or remain temporarily within Singapore, including but not limited to the period for which such a permit or pass may be granted, the classes of such permits and passes and the authority who may issue such permits or passes; |
| | (d) | providing for the payment and recovery of any expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Singapore of any person under the provisions of this Act; | | (e) | prescribing the place where, the person to whom and the manner in which application to enter Singapore must be made; | | (ea) | providing for the circumstances for granting Singapore visas and the conditions subject to which a Singapore visa may be granted; | | (eb) | providing for the manner in which personal identifiers (within the meaning of Part 5A) are obtained and kept; | | (f) | prescribing the procedure to be followed by persons entering Singapore; | | (g) | prescribing the procedure to be followed by authorities in the exercise of their functions under this Act; | | (ga) | providing for the taking or recording of any personal identifier of —| (i) | any person who applies for or has been issued with a permit or pass; | | (ii) | any person suspected or have been convicted of an offence under section 5, 6(1), 15 or 36 or the regulations; | | (iii) | any prohibited immigrant; | | (iv) | any person (other than a citizen of Singapore) who transits through Singapore; or | | (v) | any applicant for, or holder of, a Singapore visa; |
| | (h) | governing the procedure to be followed and the fees and costs to be paid on any appeal; | | (i) | providing for a deposit or security to be made or given by or in respect of any person as a condition of, or for the grant of, an entry permit, a re‑entry permit or a pass to him or her and the conditions subject to which the deposit or security may be forfeited; | | (j) | prescribing the fees to be charged upon the issue of any entry permit, re‑entry permit, certificate, pass, Singapore visa or document issued or to be issued under this Act or the regulations and the processing of any application for the issue of such entry permit, re‑entry permit, certificate, pass, Singapore visa or document; | | (ja) | prescribing different fees for different classes of applicants for any entry permit, re‑entry permit, certificate, pass, Singapore visa or document issued or to be issued under this Act or the regulations, and any application fee so prescribed need not bear any relationship to the cost of issuing or processing the entry permit, re‑entry permit, certificate, pass, Singapore visa or document; | | (k) | prescribing the penalties of imprisonment for a term not exceeding 2 years or a fine not exceeding $3,000 or both for the breach of the regulations; | | (ka) | prescribing the penalties for the late payment of any fees prescribed under the regulations; | | (l) | generally for the better carrying into effect of the purposes and provisions of this Act. [18/2012; 6/2018] |
| (2) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette. |
| (3) If a resolution is passed within the next 3 months after the regulations are so presented disapproving the regulations or any part thereof, the regulations or such part thereof (as the case may be) then cease to have effect but without affecting the validity of anything previously done thereunder. |
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| Power to exempt from provisions of this Act |
56.—(1) Despite anything in this Act, the Minister may by order exempt any person or class of persons, either absolutely or conditionally, from all or any of the provisions of this Act and may in that order provide for any presumptions necessary in order to give effect thereto.| (2) Every order made under this section which relates to a class of persons shall be published in the Gazette. |
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57.—(1) Any person who —| (a) | attempts unlawfully to enter Singapore in contravention of any provision of this Act, other than section 6(1), or the regulations; | | (aa) | abets any person to enter Singapore in contravention of the provisions of this Act or the regulations; | | (b) | abets any person to leave Singapore in contravention of the provisions of this Act or the regulations; | | (c) | engages in the business or trade of conveying to or out of Singapore in or on any vehicle, vessel, aircraft or train any person whom he or she knows or has reasonable grounds for believing is a prohibited immigrant; | | (d) | harbours a person —| (i) | whom the defendant knows has acted in contravention of the provisions of this Act or the regulations; | | (ii) | with reckless disregard as to whether he or she has acted in contravention of the provisions of this Act or the regulations; or | | (iii) | negligently failing to ascertain as to whether he or she has acted in contravention of the provisions of this Act or the regulations; |
| | (e) | employs any person who has acted in contravention of section 6(1), 15 or 36 or the regulations; | | (f) | makes or causes to be made any false report, false statement or false representation in connection with any obligation imposed by the provisions of this Act or the regulations; | | (g) | resists or obstructs, actively or passively, any immigration officer in the execution of the immigration officer’s duty; | | (h) | without lawful excuse hinders or obstructs any removal under the provisions of this Act; | | (i) | gives, sells or parts with possession of any entry or re‑entry permit, pass, Singapore visa or certificate in order that it may be used in contravention of paragraph (j); | | (j) | uses any entry or re-entry permit, pass, Singapore visa or certificate issued to any other person as if it had been lawfully issued to himself or herself; | | (k) | by making a false statement obtains or attempts to obtain an entry or a re‑entry permit, pass, Singapore visa or certificate for himself or herself or for any other person; | | (l) | uses or without lawful authority has in the person’s possession any forged, unlawfully altered or irregular entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations, or any permit, pass, Singapore visa or certificate or other document so issued on which any endorsement has been forged or unlawfully altered; | | (m) | makes or has in the person’s possession, without lawful authority, or traffics in any electronic template, stamp, seal, plate, paraphernalia or other instrument knowing that the electronic template, stamp, seal, plate, paraphernalia or instrument is or is intended to be used for forging or unlawfully altering any endorsement made under this Act or the regulations on any passport, entry or re‑entry permit, pass, Singapore visa or certificate or other document issued or to be issued under this Act or the regulations; or | | (n) | makes or has in the person’s possession, without lawful authority, or traffics in any device, machine, paper, material or other thing knowing that the device, machine, paper, material or thing is or has been specially designed or adapted for making a forged entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations, |
| shall be guilty of an offence. |
(1AA) A person who is guilty of an offence under subsection (1) —| (a) | in the case of an offence under subsection (1)(a), shall be punished with imprisonment for a term not exceeding 2 years and shall also be liable to a fine not exceeding $4,000; | | (b) | in the case of an offence under subsection (1)(aa), shall be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years, and —| (i) | where the offence is abetted within the meaning of section 107(1)(b) or (c) of the Penal Code 1871 and the offence abetted is punishable with caning, 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 | | (ii) | in any other case, shall also be liable to a fine not exceeding $6,000; |
| | (c) | subject to subsection (1A), in the case of an offence under subsection (1)(b) or (e), shall be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000; | | (d) | in the case of an offence under subsection (1)(c), shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and shall also be punished, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning with not less than 3 strokes; | | (e) | in the case of an offence under subsection (1)(d)(i) or (ii), shall on conviction be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000; | | (f) | in the case of an offence under subsection (1)(d)(iii), shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both; | | (g) | in the case of an offence under subsection (1)(f), (g), (h), (i), (j), (k) or (l), shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both; and | | (h) | in the case of an offence under subsection (1)(m) or (n), shall be liable on conviction to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 5 years or to both. [15/2010; 18/2012; 15/2019; S 22/89; S 227/95] |
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| (1A) Where, in the case of any offence under subsection (1)(e), it is proved to the satisfaction of the court that the defendant has at the same time employed more than 5 immigration offenders, the defendant shall be punished, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning in addition to the punishment prescribed for that offence. [15/2010] |
| (1B) Where, by virtue of sections 325(1) and 330(1) of the Criminal Procedure Code 2010, the defendant referred to in subsection (1A) is not punishable with caning, he shall, in lieu of caning, be punished with a fine not exceeding $10,000. [15/2010] |
| (2) Where a body corporate is guilty of an offence under subsection (1)(e) 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 any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. |
| (2A) Where a body corporate is guilty of an offence under this Act for which a period of mandatory imprisonment or mandatory caning is prescribed, the body corporate shall, in lieu of imprisonment or caning, be liable on conviction to a fine of not less than $100,000 and not more than $200,000. |
| (3) Any person unlawfully entering or re‑entering or attempting unlawfully to enter or re‑enter Singapore or unlawfully remaining in Singapore shall, whether or not any proceedings are taken against him or her in respect of that offence, be liable to be removed from Singapore by order of the Controller. |
| (4) Where the master of any vessel is charged with an offence under this Act, the clearance of the vessel may be refused until the charge has been heard and the fine (if any) imposed has been paid. |
(5) Where, in any proceedings under this Act or the regulations, it is proved that the defendant has failed to produce on demand by an immigration officer or a police officer —| (a) | any valid permit, pass or certificate issued to him or her under this Act or the regulations; | | (b) | any other document accepted by the Controller as evidence that the defendant has entered or remained in Singapore lawfully; or | | (c) | any other evidence showing to the satisfaction of the Controller that the defendant is exempted from section 6(1), |
| it is presumed, until the contrary is proved, that he or she has (as the case may be) entered or re‑entered or remained in Singapore unlawfully. |
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| (6) Where, in any proceedings for an offence under subsection (1)(c), it is proved that the defendant has conveyed any prohibited immigrant in any vehicle, vessel, aircraft or train, it is presumed, until the contrary is proved, that he or she is engaged in the business or trade of conveying to Singapore in or on that vehicle, vessel, aircraft or train that prohibited immigrant knowing him or her to be, or having reasonable grounds for believing him or her to be, a prohibited immigrant. |
| (7) Where, in any proceedings for an offence under subsection (1)(d)(ii) or (iii), it is proved that the defendant has given shelter to an immigration offender, it is presumed, until the contrary is proved, that the defendant has harboured him or her with reckless disregard as to whether he or she is an immigration offender or negligently failing to ascertain as to whether he or she is an immigration offender, as the case may be. |
| (7A) In any proceedings for an offence under subsection (1)(d)(ii) or (iii), it is not a defence for the defendant to prove that the immigration offender harboured was in possession of a permit or pass issued to the immigration offender under this Act or the regulations unless the defendant further proves that he or she had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations. |
| (7B) Where a defendant who is charged with an offence under subsection (1)(d)(ii) has rebutted the presumption that the defendant has harboured an immigration offender with reckless disregard as to whether he or she is such a person under subsection (7), the defendant shall be liable to be charged with an offence under subsection (1)(d)(iii). |
(7C) For the purpose of subsection (7A) —| (a) | a defendant who is charged with an offence under subsection (1)(d)(ii) is not to be deemed to have exercised due diligence unless the defendant has carried out any 2 of the acts specified in subsection (7D); and | | (b) | a defendant who is charged with an offence under subsection (1)(d)(iii) is not to be deemed to have exercised due diligence unless the defendant has carried out all the acts specified in subsection (7D). |
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(7D) The acts referred to in subsection (7C), to be carried out by the defendant in relation to the immigration offender harboured, are —| (a) | inspecting the permit or pass issued to the immigration offender under this Act or the regulations; | | (b) | checking the permit or pass to ascertain that the particulars on the passport of the immigration offender materially correspond with the particulars set out in the permit or pass; | | (c) | checking with —| (i) | the Controller of Immigration or the Controller of Work Passes (as the case may be) that the permit or pass was valid at the material time; or | | (ii) | the employer to verify that the immigration offender is employed by the employer and that the particulars of the immigration offender correspond with the records of the employer, where the name of the employer of the immigration offender is specified in the permit or pass. |
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| (8) Where an immigration offender is found at any premises or place, other than premises used solely for residential purposes, the occupier of the premises or place is presumed, until the contrary is proved, to have employed him or her knowing that he or she is an immigration offender. |
| (9) In any proceedings for an offence under subsection (1)(e), it is not a defence for the defendant to prove that the person employed by the defendant was in possession of a permit or pass issued to the person under this Act or the regulations unless the defendant further proves that the defendant had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations. |
(10) For the purpose of subsection (9), a defendant who is charged with an offence under subsection (1)(e) is not to be deemed to have exercise due diligence unless the defendant —| (a) | has inspected the permit or pass issued to the person employed by the defendant; | | (b) | has checked the permit or pass to ascertain that the particulars on the passport of the person employed by the defendant materially correspond with the particulars set out in the permit or pass; and | | (c) | where the person employed by the defendant is a holder of a visit pass, has reasonable grounds for believing that the person had, at the material time, in force a work pass issued under the Employment of Foreign Manpower Act 1990 or had obtained the written consent of the Controller of Immigration. |
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| (11) A person, being the owner, tenant or occupier of any premises or place referred to in subsection (8), must not knowingly permit or suffer such premises or place or any part thereof to be kept or used as a place or premises in which any person is employed in contravention of subsection (1)(e). |
| (12) Any person who contravenes subsection (11) shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000. |
(12A) Where, in any proceedings for an offence under subsection (1)(m) of possession without lawful authority of any electronic template, stamp, seal, plate, paraphernalia or instrument, it is proved —| (a) | that the electronic template, stamp, seal, plate, paraphernalia or instrument was in the custody or under the control of the defendant when it was used for forging or unlawfully altering an endorsement mentioned in that subsection; or | | (b) | that the defendant had in the defendant’s possession the electronic template, stamp, seal, plate, paraphernalia or instrument which had been specially designed or adapted for forging or unlawfully altering an endorsement mentioned in that subsection, |
| it is presumed, until the contrary is proved, that the defendant knew that the electronic template, stamp, seal, plate, paraphernalia or instrument (as the case may be) was or would be used to forge or unlawfully alter an endorsement mentioned in that subsection. |
[18/2012] |
(12B) Where, in any proceedings for an offence under subsection (1)(n) of possession without lawful authority of any device, machine, paper, material or thing, it is proved —| (a) | that the device, machine, paper, material or thing was in the custody or under the control of the defendant when it was used to make the forged entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations; or | | (b) | that the defendant had in the defendant’s possession the device, machine, paper, material or thing which had been specially designed or adapted for making a forged entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations, |
| it is presumed, until the contrary is proved, that the defendant knew that the device, machine, paper, material or thing (as the case may be) was or had been specially designed or adapted for making a forged entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations. |
[18/2012] |
(12C) In subsection (1)(m) and (n), “traffic”, in relation to any thing, means —| (a) | to sell, deliver or distribute that thing; or | | (b) | to offer to do or to cause to be done any act mentioned in paragraph (a) in relation to that thing. [18/2012] |
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| (13) In this section and sections 57A and 57B, “immigration offender” means a person who has acted in contravention of section 6(1), 15 or 36 or the regulations. |
| (14) A reference to a permit or pass in subsections (7D) and (10) in relation to a person is to be read as a reference to the original copy of the permit or pass issued to that person under this Act or the regulations. |
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| Prohibition of immigration offender entering or remaining at work place |
57A.—(1) An occupier of a work place who has control of access to the work place must not permit any immigration offender to enter or remain at the work place. (2) Where an immigration offender is found at a work place, it is presumed, until the contrary is proved, that the occupier of the work place —| (a) | had control of access to the work place; | | (b) | had permitted the immigration offender to enter or remain at the work place; and | | (c) | had knowledge that he or she is an immigration offender. |
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| (3) The presumptions provided for in subsection (2)(b) and (c) are not rebutted unless the defendant proves that the defendant had exercised due diligence to prevent the immigration offender from entering or remaining at the work place. |
| (4) For the purposes of subsection (3), a defendant is not presumed to have exercised due diligence unless the defendant had taken all reasonable measures to prevent any immigration offender from entering or remaining at the work place, including all the measures prescribed under subsection (5) in respect of the work place. |
| (5) For the purposes of subsection (4), the Minister may, by notification in the Gazette, prescribe the measures that are required to be taken by the occupier of the work place. |
| (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $15,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both for each immigration offender found at the work place and, in the case of a second or subsequent conviction, to a fine of not less than $30,000 and not more than $60,000 or to imprisonment for a term not exceeding 2 years or to both for each immigration offender found at the work place. |
(7) In this section —“construction works” means the construction, extension, installation, carrying out, repair, maintenance, renewal, removal, alteration, dismantling or demolition of —| (a) | any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level; | | (b) | any road, motorway, harbour works, railway, cableway, canal or aerodrome; | | (c) | any drainage, irrigation or river control work; | | (d) | any electrical, water, gas or telecommunication works; | | (e) | any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation, |
| and includes any works which form an integral part of, or are preparatory to, the works described in paragraphs (a) to (e), including site clearance, earth‑moving, excavation, laying of foundation, site restoration and landscaping, and such other works or activities as the Minister may, by notification in the Gazette, specify to be construction works; |
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| “occupier”, in relation to a work place, means the principal contractor who undertakes any construction works at the work place and includes such other person as the Minister may, by notification in the Gazette, specify to be the occupier of the work place; |
| “principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property or an agent of one of those persons for the purpose of carrying out any construction works on the property; |
“work place” means any place or premises where any construction works are being carried out and includes —| (a) | all the land within the vicinity of the work place which are owned by the person for whom the construction works are being carried out and to which the principal contractor has control of access; | | (b) | any canteen, sleeping quarters, office and other structures or buildings erected on the work place; and | | (c) | such other place or premises as the Minister may, by notification in the Gazette, specify to be a work place. |
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| Assisting, encouraging or inducing giving of shelter to immigration offenders |
| 57B.—(1) Any person who, for or in expectation of any fee, gain or reward, assists, encourages or induces any other person to give shelter to any immigration offender shall, if the second-mentioned person gives shelter to the immigration offender in consequence of such assistance, encouragement or inducement, be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000. [15/2019] | (2) In any proceedings for an offence under subsection (1), it is not a defence for the defendant to prove that the immigration offender was in possession of a permit or pass issued to the immigration offender under this Act or the regulations unless the defendant further proves that he or she had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations. |
(3) For the purpose of subsection (2), a defendant who is charged with an offence under subsection (1) is not to be deemed to have exercised due diligence unless the defendant —| (a) | has inspected the permit or pass issued to the person harboured; | | (b) | has checked the permit or pass to ascertain that the particulars on the passport of the person harboured materially correspond with the particulars set out in the permit or pass; and | | (c) | has checked with —| (i) | the Controller of Immigration or the Controller of Work Passes (as the case may be) that the permit or pass was valid at the material time; or | | (ii) | the employer to verify that the person is employed by the employer and that the person’s particulars correspond with the employer’s records, where the name of the employer of the person harboured is specified in the permit or pass. |
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| (4) No prosecution for an offence under subsection (1) or for an attempt to commit that offence is to be instituted unless the person whom the defendant is alleged to have assisted, encouraged or induced in fact gave shelter to the immigration offender in consequence of such assistance, encouragement or inducement. |
| (5) A reference to a permit or pass in subsection (3) in relation to a person is to be read as a reference to the original copy of the permit or pass issued to that person under this Act or the regulations. |
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57C.—(1) Any person who contracts or otherwise enters into a marriage —| (a) | knowing or having reason to believe that the purpose of the marriage is to assist one of the parties to the marriage to obtain an immigration advantage; and | | (b) | where any gratification, whether from a party to the marriage or another person, is offered, given or received as an inducement or reward to any party to the marriage for entering into the marriage, |
| 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 10 years or to both. |
[18/2012] | (2) Any person who arranges or otherwise assists in arranging a marriage between 2 other persons, with the intention of assisting one of the parties to the marriage to obtain an immigration advantage, 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 10 years or to both. [18/2012] |
| (3) This section applies to a marriage entered into whether in Singapore or outside Singapore. [18/2012] |
| (4) In any proceedings for an offence under subsection (1) or (2), it is a defence for the person charged with the offence to prove that, although one purpose of the marriage was to assist a party to the marriage to obtain an immigration advantage, the defendant believed on reasonable grounds, when contracting or entering into the marriage, that the marriage would result in a genuine marital relationship. [18/2012; 7/2016] |
| (5) For the purposes of subsection (4), what constitutes a genuine marital relationship is a question of fact and the court is to have regard to all the circumstances of the case in determining the question. [18/2012] |
(6) In this section —“gratification” includes —| (a) | money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable; | | (b) | any office, employment or contract; | | (c) | any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part; and | | (d) | any other service, favour or advantage of any description; |
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| “immigration advantage”, in relation to a party to a marriage, means the grant or extension of the validity of any visa, pass, permit or re‑entry permit under this Act or the regulations or any order made under this Act for that party or for a child or parent of that party. [18/2012] |
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| Wearing and possession of uniforms, etc., by others |
57D.—(1) A person who, when the person is not an immigration officer —| (a) | wears or possesses any immigration officer uniform, or uses any immigration officer insignia —| (i) | for the purpose of personating or representing himself or herself as an immigration officer; or | | (ii) | knowing that it is likely to cause any member of the public to believe that he or she is an immigration officer; |
| | (b) | uses the designation or a rank of an immigration officer, in connection with any business, occupation or employment —| (i) | for the purpose of personating or representing himself or herself as an immigration officer; or | | (ii) | knowing that it is likely to cause any member of the public to believe that he or she is an immigration officer; |
| | (c) | represents himself or herself, by word or conduct, to be an immigration officer for the purpose of personating or representing himself or herself as an immigration officer; or | | (d) | wears or possesses any immigration officer uniform, or uses any immigration officer insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —| (i) | that the person receives or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Controller; | | (ii) | that the Controller has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Controller; or | | (iii) | that the person has the sponsorship or approval of the Controller for any goods or services provided by or on behalf of the person, |
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| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. |
[53/2018] (2) An immigration officer who wears any immigration officer uniform or uses any immigration officer insignia otherwise than —| (a) | in the course of, and for the purpose of, exercising the functions of an immigration officer; or | | (b) | for such other purpose authorised in writing by the Controller, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. |
[53/2018] |
(3) It is a defence to any prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —| (a) | the accused had the express permission of the Controller to wear or possess the immigration officer uniform or use the immigration officer insignia, as the case may be; or | | (b) | the accused wore or possessed the immigration officer uniform or used the immigration officer insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958. [53/2018] |
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(4) A person (whether or not an immigration officer) who —| (a) | manufactures any immigration officer uniform or immigration officer insignia otherwise than under an agreement with the Government; | | (b) | sells any immigration officer uniform or immigration officer insignia to a person who is neither an immigration officer nor otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; or | | (c) | gives or provides, whether or not for a consideration, any immigration officer uniform or immigration officer insignia to a person who is neither an immigration officer nor otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia, |
| 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 3 years or to both. |
[53/2018] |
(5) It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —| (a) | the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the immigration officer uniform or immigration officer insignia was sold, given or provided was —| (i) | an immigration officer; or | | (ii) | a person otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; or |
| | (b) | the accused had received from the person to whom the immigration officer uniform or immigration officer insignia was sold, given or provided, evidence purporting to show that —| (i) | that person was an immigration officer or was otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; and | | (ii) | it was reasonable to and the accused did accept that evidence as correct. [53/2018] |
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| (6) An offence under subsection (1), (2) or (4) is an arrestable offence. [53/2018] |
(7) In this section —“immigration officer insignia” means —| (a) | any item (being any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing) that is generally recognised as being used by an immigration officer; | | (b) | any part of any such item; | | (c) | any reasonable imitation of any such item, or part of such item; or | | (d) | any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing prescribed as being within this definition; |
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“immigration officer uniform” means the uniform of an immigration officer, and includes —| (a) | any part of such a uniform or any accoutrement of an immigration officer that is generally recognised as a part of the uniform or accoutrement of an immigration officer; or | | (b) | any reasonable imitation of such a uniform or accoutrement, or part of a uniform or accoutrement; |
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“sell” includes —| (a) | exchange or let on hire; | | (b) | offer, expose, possess, send, forward or deliver for sale, exchange or hire; or | | (c) | cause, suffer or allow any sale, exchange or hire; |
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“use”, in relation to immigration officer insignia, includes —| (a) | driving on a public road a vehicle that has on it any immigration officer insignia; and | | (b) | using a reproduction or representation of immigration officer insignia, |
| but does not include wearing an immigration officer uniform. |
[53/2018] |
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| 58. Any person guilty of an offence under this Act for which no special penalty is provided 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. |
| 59. The Controller or any immigration officer authorised by name or by office in that behalf by the Minister by notification in the Gazette may compound such offence under this Act or the regulations as may be prescribed as being an offence that may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $500. |
60.—(1) All offences under this Act or the regulations shall be cognizable by a District Court or a Magistrate’s Court.| (2) Any District Court or Magistrate’s Court may, despite anything in the Criminal Procedure Code 2010, impose the full punishment prescribed for any offence except that a Magistrate’s Court shall not impose a sentence of imprisonment for a term exceeding 12 months. |
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| Disposal of fees, rates, fines and forfeitures |
| 61. All fees levied, all rates and fines imposed and recovered, all moneys forfeited and all costs and charges recovered under this Act must be paid into the Consolidated Fund. [18/2012] |
61A. The Minister may, by order in the Gazette, amend the Schedule, except that any other personal identifier so prescribed in the order must —| (a) | be an image of, or a measurement or recording of, an external part of the human body or a person’s voice; and | | (b) | not be an identifier the obtaining of which would involve the taking of an invasive sample within the meaning given by section 8 of the Registration of Criminals Act 1949. [Act 26 of 2022 wef 12/06/2023] |
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62.—(1) Any person in Singapore whose presence is unlawful under the provisions of any previous written law for the time being in force in Singapore or any regulations or orders made thereunder is deemed to be unlawfully in Singapore for the purposes of this Act.| (2) Any authority to enter Singapore granted under the provisions of any law in force immediately before 16 April 1963 and valid on that date is deemed to be a valid permit issued under the provisions of this Act but subject to any limitations imposed by that law. |
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