Offences
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]
(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.
(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).
(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.
(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.
(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]
(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.
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.
(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;
“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.
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.
(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.
Marriage of convenience
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;
“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]
General penalty
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.
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Last updated 21 Nov 2024
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