PART III | REFUSING OR CANCELLING SINGAPORE PASSPORTS AND TRAVEL DOCUMENTS |
| When Singapore passport may be refused |
19.—(1) The Controller may, by notice in writing, refuse a Singapore passport to any citizen of Singapore.(2) Without prejudice to subsection (1), the Controller may, by notice in writing, refuse a Singapore passport to any citizen of Singapore if —| (a) | the citizen of Singapore is the holder of another Singapore passport or a Singapore travel document that is still valid at the time when the Singapore passport applied for is to be issued; | | (b) | a competent authority makes a request under section 24(1) to the Controller to refuse the Singapore passport, and section 24(4) does not apply; | | (c) | the Controller believes on reasonable grounds that the citizen —| (i) | is a person mentioned in section 23(1) or 24(5); or | | (ii) | has, in the 10 years before the application for the Singapore passport is made, been convicted of an offence under this Act or the repealed Act, or of a seizable offence against any written law which is prescribed; or |
| | (d) | the Controller is aware of a circumstance in section 25, 26 or 27 whereby it would be lawful for the Controller to refuse to issue the Singapore passport to the citizen. |
|
|
| When Singapore travel document may be refused |
20.—(1) The Controller may refuse a Singapore travel document to any person.(2) Without prejudice to subsection (1), the Controller may, by notice in writing, refuse a Singapore travel document to any person if —| (a) | the person is the holder of another Singapore travel document of the same kind and that Singapore travel document is still valid at the time when the Singapore travel document applied for is to be issued; | | (b) | a competent authority makes a request under section 24(1) to the Controller to refuse the Singapore travel document, and section 24(4) does not apply; | | (c) | the Controller believes on reasonable grounds that the person —| (i) | is a person mentioned in section 23(1) or 24(5); or | | (ii) | has, in the 3 years before the application for the Singapore travel document is made, been convicted of an offence under this Act or the repealed Act, or of a seizable offence against any written law which is prescribed; or |
| | (d) | the Controller is aware of a circumstance in section 27 whereby it would be lawful for the Controller to refuse to issue the Singapore travel document to the person. |
|
|
| When Singapore passport, etc., may be cancelled |
21.—(1) The Controller may, by notice in writing, cancel a Singapore passport or a Singapore travel document that has been issued to any person.(2) Without prejudice to subsection (1), the Controller may, by notice in writing, cancel a Singapore passport or a Singapore travel document that has been issued to any person if —| (a) | the Singapore passport or Singapore travel document has been reported lost or stolen, or is so damaged or defaced as to render it, in the opinion of the Controller, unsuitable for use; | | (b) | the Singapore passport or Singapore travel document is still valid at the time when the person applies for, or is issued with, another Singapore passport or Singapore travel document; | | (c) | there is reasonable cause to believe that the particulars recorded in the Singapore passport or Singapore travel document are incorrect; | | (d) | the holder of the Singapore passport or Singapore travel document is convicted of —| (i) | in the case of the holder of a Singapore passport, a seizable offence against any written law which is prescribed for the purposes of section 19(2)(c); | | (ii) | in the case of the holder of a Singapore travel document, a seizable offence against any written law which is prescribed for the purposes of section 20(2)(c); or | | (iii) | in any case, an offence under this Act or the repealed Act; |
| | (e) | a competent authority makes a request under section 24(1) to the Controller to cancel the Singapore passport or Singapore travel document, and section 24(4) does not apply; | | (f) | the Controller believes on reasonable grounds that the holder is a person mentioned in section 23(1) or 24(5); | | (g) | the Controller becomes aware of a circumstance that would have required or permitted the Controller to refuse to issue a Singapore passport or a Singapore travel document to the person because of section 7(1) or 13(1) or of any provision in this Part, had the Controller been aware of the circumstance immediately before issuing the Singapore passport or Singapore travel document, as the case may be; or | | (h) | in the case of a Singapore passport or a Singapore temporary travel document — the holder has ceased to be a citizen of Singapore. |
|
| (3) The Controller may, without notice, cancel a Singapore passport or a Singapore travel document that has been issued to any person if the person dies, or the Singapore passport or Singapore travel document has expired. |
| (4) Every Singapore passport or Singapore travel document that is cancelled under subsection (1), (2) or (3) shall thereupon be invalid. |
|
| Cancellation of Singapore document of identity, etc. |
22.—(1) Without prejudice to section 21, the Controller may, by notice in writing, recall any Singapore document of identity and cancel it or retain possession of it where —| (a) | a Singapore passport is issued to the holder of the Singapore document of identity; | | (b) | another Singapore document of identity is issued under section 16 to the holder thereof in substitution for the first one; | | (c) | there is reasonable cause to believe that the particulars recorded in the Singapore document of identity are incorrect; | | (d) | there is reasonable cause to believe that the Singapore document of identity has been obtained by means of any false statement or any statement that is false in a material particular; | | (e) | the Singapore document of identity has expired; | | (f) | the Singapore document of identity is so damaged or defaced as to render it, in the opinion of the Controller, unsuitable for use; or | | (g) | the Singapore document of identity has been reported lost or stolen. |
| (2) Every Singapore document of identity that is cancelled under subsection (1) shall thereupon be invalid. |
| (3) A reference to a Singapore document of identity in this section shall include a reference to any other emergency travel document issued under section 16. |
|
| Division 2 — Law enforcement reasons for refusing or cancelling |
| Reasons relating to law enforcement |
23.—(1) The Controller may cancel any Singapore passport or Singapore travel document that has been issued to a person, or refuse to issue any Singapore passport or Singapore travel document to a person, if the Controller believes on reasonable grounds that —| (a) | the person is the subject of a warrant of arrest issued in Singapore in respect of a seizable offence against any written law which is prescribed; or | | (b) | the person (including a person who is in prison) is prevented from travelling internationally by force of —| (i) | a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under any written law; or | | (ii) | any written law, or an order or other direction (however described) under any written law. |
|
(2) In this section, “prevented from travelling internationally” includes being —| (a) | required to remain in Singapore; | | (b) | required to surrender a Singapore passport or a Singapore travel document; | | (c) | not permitted to apply for a Singapore passport or a Singapore travel document; or | | (d) | not permitted to obtain a Singapore passport or a Singapore travel document. |
|
|
| Reasons relating to potential for harmful conduct |
24.—(1) If a competent authority believes on reasonable grounds that —| (a) | if a Singapore passport or a Singapore travel document were issued to a person, the person would be likely to engage in conduct that —| (i) | might prejudice the security of Singapore or any other country; | | (ii) | might endanger the health or physical safety of other persons (whether in Singapore or another country); | | (iii) | might constitute an offence under this Act; or | | (iv) | might constitute a seizable offence against any written law which is prescribed; and |
| | (b) | the person should be refused a Singapore passport or a Singapore travel document in order to prevent the person from engaging in the conduct, |
| the competent authority may make a written request to the Controller — |
| (A) | to cancel any Singapore passport or Singapore travel document that has been issued to the person; or | | (B) | to refuse to issue any Singapore passport or Singapore travel document to the person. |
(2) A competent authority may make a written request to the Controller under subsection (1) —| (a) | whether or not the person has applied for a Singapore passport or a Singapore travel document; | | (b) | whether or not a Singapore passport or a Singapore travel document has been issued to the person; and | | (c) | whether or not the person is a citizen of Singapore. |
|
(3) If a competent authority makes a written request to the Controller under subsection (1) in relation to any person, the Controller may, as the case may be —| (a) | cancel the Singapore passport or Singapore travel document of the person; or | | (b) | refuse to issue a Singapore passport or a Singapore travel document to the person. |
|
(4) Notwithstanding subsection (3), where a competent authority makes a written request to the Controller under subsection (1) in relation to any person, the Controller shall not —| (a) | cancel the Singapore passport or Singapore travel document of the person; or | | (b) | refuse to issue a Singapore passport or a Singapore travel document to the person, |
| if that request relating to the person has been withdrawn by the competent authority or is no longer considered by the Controller to be current. |
|
(5) Without prejudice to subsection (1), the Controller may cancel any Singapore passport or Singapore travel document that has been issued to a person, or refuse to issue any Singapore passport or Singapore travel document to a person, if the Controller believes on reasonable grounds that —| (a) | if a Singapore passport or a Singapore travel document were issued to the person, the person would be likely to engage in conduct that —| (i) | might prejudice the security of Singapore or any other country; | | (ii) | might endanger the health or physical safety of other persons (whether in Singapore or another country); | | (iii) | might constitute an offence under this Act; or | | (iv) | might constitute a seizable offence referred to in subsection (1)(a)(iv); and |
| | (b) | the person should be refused a Singapore passport or a Singapore travel document in order to prevent the person from engaging in the conduct. |
|
| (6) In this section, “competent authority”, in relation to a circumstance mentioned in subsection (1) or (5) that relates to Singapore, means such public authority or public officer as is prescribed by the regulations to be a competent authority in relation to that circumstance. |
|
| Division 3 — Other reasons for refusing or cancelling |
| Repeated loss or thefts of Singapore passports |
| 25. The Controller may refuse to issue a Singapore passport to a person if, before the passport application under consideration is made, 2 or more Singapore passports issued to the person have been lost or stolen and for reasons of passport security and integrity, the Controller considers that it is not desirable to issue that person with another Singapore passport. |
| Concurrently valid Singapore passports, etc. |
26.—(1) The Controller shall not issue a Singapore passport to a person if the person has already been issued with a Singapore passport or a Singapore travel document and that document is still valid.| (2) Subsection (1) shall not prevent the Controller from issuing a Singapore passport to the person in such circumstances as are specified in the Minister’s directions under section 5(2). |
|
27. The Controller shall not issue a Singapore passport or a Singapore travel document to a child unless —| (a) | a person who has parental responsibility for the child consents to the child travelling internationally; or | | (b) | an order of a court permits the child to travel internationally. |
|
| Division 4 — Appeals against refusals and cancellations |
28.—(1) If a person is aggrieved by the Controller’s decision under this Act —| (a) | to refuse to issue a Singapore passport or a Singapore travel document; | | (b) | to refuse to extend a Singapore passport or a Singapore travel document; or | | (c) | to cancel a Singapore passport or a Singapore travel document, |
| other than a decision made because of a warrant of arrest issued in Singapore against the person, the person may, within 14 days after being notified of the decision (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 14 days), appeal to the Minister, whose decision shall be final. |
| (2) An appeal must be in writing, and specify the grounds on which it is made. |
(3) After receiving an appeal under subsection (1), the Minister shall consider the appeal and —| (a) | reject the appeal and confirm the Controller’s decision; | | (b) | allow the appeal in whole or in part and vary the Controller’s decision; or | | (c) | set aside the Controller’s decision, |
| and the appellant shall be notified in writing of the Minister’s decision in respect of his appeal accordingly. |
|
| (4) [Deleted by Act 16 of 2016 wef 10/06/2016] |
|
| Minister may designate others to hear appeals |
28A.—(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 28:| (a) | the Second Minister, if any, for his Ministry; | | (b) | any Minister of State for his Ministry; | | (c) | any Parliamentary Secretary to his Ministry. |
| (2) Any reference to the Minister in section 28 includes a reference to a person designated under subsection (1). |
(3) To avoid doubt, in this section —| “Minister of State” includes a Senior Minister of State; |
| “Parliamentary Secretary” includes a Senior Parliamentary Secretary. [Act 16 of 2016 wef 10/06/2016] |
|
|
|
