Misuse of Drugs (Amendment) Act 1998 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 27]

Friday, July 17

[1998

The following Act was passed by Parliament on 1st June 1998 and assented to by the President on 3rd July 1998:—

Misuse of Drugs (Amendment) Act 1998

(No. 20 of 1998)

I assent.

ONG TENG CHEONG,

President.

3rd July 1998.

Date of Commencement: 20th July 1998

An Act to amend the Misuse of Drugs Act (Chapter 185 of the 1997 Revised Edition), to make a consequential amendment to the Registration of Criminals Act (Chapter 268 of the 1985 Revised Edition) and related amendments to the Extradition Act (Chapter 103 of the 1985 Revised Edition) and the Intoxicating Substances Act (Chapter 146A of the 1988 Revised Edition) and to enable Singapore to implement the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1.—(1) This Act may be cited as the Misuse of Drugs (Amendment) Act 1998 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of section 2

2. Section 2 of the Misuse of Drugs Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the words "or thing" in the definition of "article liable to seizure" and substituting the words ", thing, controlled equipment or controlled materials";

(b)

by inserting, immediately after the definition of "controlled drug", the following definition:

“ “controlled equipment, controlled materials or controlled substances” means any equipment, materials or substances respectively specified in the Third Schedule;”.

(c)

by deleting the definition of "manufacture" and substituting the following definition:

“ “manufacture”, in relation to —

(a)	a controlled drug, includes any process of producing the drug and the refining or transformation of one drug into another; or
(b)	a controlled substance, includes any process of producing the substance and the refining or transformation of one substance into another;”.

(d)

by inserting, immediately after the definition of "opium", the following definition:

“ “permanent resident of Singapore” includes the holder of a Singapore blue identity card and a person who holds an entry permit or a re-entry permit issued by the Director, Singapore Immigration & Registration;”.

(e)

by inserting, immediately after the definition of "special police officer", the following definition:

“ “specified drug”, except for the purposes of the Second Schedule, means a drug specified in the Fourth Schedule;”.

Amendment of section 3

3. Section 3 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:

“(3) The powers and functions conferred upon the Director of the Central Narcotics Bureau under this Act, and the duties required to be discharged by him may, subject to such limitations as the Director may impose, be exercised and discharged by the Deputy Director or an Assistant Director of the Central Narcotics Bureau duly authorised by the Director to act on his behalf.”.

Amendment of section 8

4. Section 8 of the principal Act is amended by deleting paragraph (b) and substituting the following paragraph:

“(b)

smoke, administer to himself or otherwise consume —

(i)	a controlled drug, other than a specified drug; or
(ii)	a specified drug.”.

New section 8A

5. The principal Act is amended by inserting, immediately after section 8, the following section:

“Consumption of drug outside Singapore by citizen or permanent resident

8A. Section 8(b) shall have effect in relation to a person who is a citizen or a permanent resident of Singapore outside as well as within Singapore where he is found as a result of urine tests conducted under section 31 to have smoked, administered to himself or otherwise consumed a controlled drug or a specified drug; and where an offence under section 8(b) is committed by such person in any place outside Singapore, he may be dealt with as if that offence had been committed within Singapore.”.

New sections 10A and 10B

6. The principal Act is amended by inserting, immediately after section 10, the following sections:

“Manufacture, supply, possession, import or export of equipment, materials or substances useful for manufacture of controlled drugs

10A.—(1) Any person who —

(a)	manufactures any controlled equipment, controlled materials or controlled substances;
(b)	supplies any controlled equipment, controlled materials or controlled substances to another person;
(c)	has in his possession any controlled equipment, controlled materials or controlled substances; or
(d)	imports or exports any controlled equipment, controlled materials or controlled substances,

knowing or having reason to believe that the controlled equipment, controlled materials or controlled substances are to be used in or for the manufacture of a controlled drug in contravention of section 6 shall be guilty of an offence.

(2) It shall not be a defence to a person who contravenes subsection (1)(d) in respect of any controlled equipment, controlled material or controlled substance to show that the equipment, material or substance is the subject of a licence, permit or any other form of authorisation issued or granted under any regulations made under section 10B.

Regulations on controlled substances

10B.—(1) The Minister may by regulations make provisions for —

(a)	the licensing, by such person or authority as may be prescribed, of persons who intend to import or export any controlled equipment, controlled materials or controlled substances;
(b)	the regulation and control of the import or export of any controlled equipment, controlled materials or controlled substances;
(c)	imposing requirements for the registration of premises used in connection with the import, export, manufacture, processing, storage, distribution or supply of any controlled equipment, controlled materials or controlled substances;
(d)	imposing requirements as to the documentation of transactions involving any controlled equipment, controlled materials or controlled substances;
(e)	requiring the keeping of records and the furnishing of information with respect to any controlled equipment, controlled materials or controlled substances;
(f)	the inspection and production of records kept pursuant to the regulations; and
(g)	the labelling of consignments of any controlled equipment, controlled materials or controlled substances.

(2) Regulations made under subsection (1) may, in particular, require —

(a)	the notification of the proposed exportation of any controlled equipment, controlled materials or controlled substances to such countries as may be specified in the regulations; and
(b)	the production, in such circumstances as may be specified, of evidence that the required notification has been given,

and any such equipment, materials or substances shall be deemed to be exported contrary to a restriction for the time being in force with respect to the equipment, materials or substances under such regulations if they are exported without the requisite notice being given.

(3) Regulations made under this section may make different provisions in relation to different controlled equipment, controlled materials or controlled substances and in relation to different cases or circumstances.

(4) Regulations made under this section may provide that any person who contravenes or fails to comply with any provision thereof shall be guilty of an offence and shall on conviction be punished with a fine not exceeding $10,000 or with imprisonment not exceeding 3 years or with both as may be specified in the regulations.

(5) No information obtained pursuant to any regulations made under this section shall be disclosed except for the purposes of criminal proceedings or of proceedings under or in relation to the Drug Trafficking (Confiscation of Benefits) Act (Cap.84A).”.

Amendment of section 17

7. Section 17 of the principal Act is amended —

(a)

by deleting the word "or" at the end of paragraph (f); and

(b)

by deleting the comma at the end of paragraph (g) and substituting a semicolon, and by inserting immediately thereafter the following paragraphs:

“(h)

25 grammes of methamphetamine; or

(i)

10 grammes of any or any combination of the following:

(i)	N,a-dimethyl-3,4-(methylenedioxy) phenethylamine;
(ii)	a-methyl-3,4-(methylenedioxy) phenethylamine; or
(iii)	N-ethyl-a-methyl-3,4-(methylenedioxy) phenethylamine,”.

Amendment of section 24

8. Section 24(1) of the principal Act is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)

without a warrant enter and search any place or premises in which he reasonably suspects that there is to be found —

(i)	any controlled drug, controlled substance or article liable to seizure; or
(ii)	a person who has committed or is reasonably suspected to have committed any offence under this Act or any seizable offence under any regulations made thereunder;”.

Amendment of section 25

9. Section 25 of the principal Act is amended —

(a)	by inserting, immediately after the word "arrest" in the fourth line of subsection (1), the words "and search";
(b)	by inserting, immediately after the word "Act" at the end of subsection (1), the words "or a seizable offence under any regulations made thereunder";
(c)	by inserting, immediately after the word "any" in subsection (2), the words "controlled drug, controlled substance or"; and
(d)	by inserting, immediately after the word "any" in subsection (4), the words "controlled drug, controlled substance or".

Amendment of section 26

10. Section 26(1) of the principal Act is amended by inserting, immediately after the word "Act" in the third line of subsection (a), the words ", controlled substance".

Amendment of section 27

11. Section 27 of the principal Act is amended by inserting, immediately after the word "drug" in the second line of subsection (4), the word ", substance".

Amendment of section 28

12. Section 28 of the principal Act is amended —

(a)

by deleting the words ", aircraft or vehicle" in subsection (1) and substituting the words "or aircraft"; and

(b)

by inserting, immediately after subsection (1), the following subsection:

“(1A) Where a person has been convicted of an offence under this Act, the court shall, upon the application of the Public Prosecutor, order to be forfeited to the Government any vehicle which has been proved to have been used in any manner in connection with the offence.”.

Amendment of section 32

13. The principal Act is amended by renumbering section 32 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:

“(2) In any case relating to the commission of an offence under any regulations made under this Act —

(a)	where the offence is seizable, an officer of the Bureau shall have all the powers of a police officer under the Criminal Procedure Code (Cap.68) in relation to an investigation into a seizable offence; and
(b)	where the offence is non-seizable, an officer of the Bureau shall have all the powers of a police officer under the Criminal Procedure Code in relation to an investigation into a non-seizable offence.”.

Amendment of section 33

14. Section 33 of the principal Act is amended —

(a)

by inserting, immediately after the words "subsection (3)" in subsection (1), the words "or under section 33A"; and

(b)

by deleting subsection (3) and substituting the following subsection:

“(3) If any person convicted of an offence under section 8(b) or 31(2) is again convicted of an offence under section 8(b) or 31(2), he shall on conviction be punished with imprisonment for a term of not less than 3 years unless he is punished under section 33A for that same offence.”.

New section 33A

15. The principal Act is amended by inserting, immediately after section 33, the following section:

“Punishment for repeat consumption of specified drugs

33A.—(1) Where a person who has not less than —

(a)	2 previous admissions;
(b)	2 previous convictions for consumption of a specified drug under section 8(b);
(c)	2 previous convictions for an offence of failure to provide a urine specimen under section 31(2);
(d)	one previous admission and one previous conviction for consumption of a specified drug under section 8(b);
(e)	one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2) ; or
(f)	one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2),

is convicted of an offence under section 8(b) for consumption of a specified drug or an offence of failure to provide a urine sample under section 31(2), he shall on conviction be punished with —

(i)	imprisonment for a term of not less than 5 years and not more than 7 years; and
(ii)	not less than 3 and not more than 6 strokes of the cane.

(2) Where a person who has been punished under subsection (1) is again convicted of an offence for consumption of a specified drug under section 8(b) or an offence of failure to provide a urine specimen under section 31(2), he shall on conviction be punished with —

(a)	imprisonment of not less than 7 years and not more than 13 years; and
(b)	not less than 6 and not more than 12 strokes of the cane.

(3) A certificate purporting to be signed by an officer authorised in writing by the Director of Prisons and purporting to relate to a person"s previous admission to an approved institution under this Act shall be admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate shall be evidence of all matters contained therein.

(4) A certificate purporting to be signed by the Registrar for the subordinate military courts or for the Military Court of Appeal appointed under section 82(5) of the Singapore Armed Forces Act (Cap.295) shall be admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate shall be evidence of a person"s previous conviction by a subordinate military court or the Military Court of Appeal.

(5) For the purposes of this section —

(a)

a conviction under section 8(b) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act (Cap.295) at —

(i)	any time before the commencement of the Misuse of Drugs (Amendment) Act 1998 but not before 1st October 1992 for the consumption of a controlled drug which is specified in the Fourth Schedule; or
(ii)	any time on or after the commencement of the Misuse of Drugs (Amendment) Act 1998 for the consumption of a specified drug,

shall be deemed to be a previous conviction for consumption of a specified drug under section 8(b);

(b)

a conviction under section 31(2) for failure to provide a urine specimen by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act at any time before the commencement of the Misuse of Drugs (Amendment) Act 1998 but not before 1st October 1992 shall be deemed to be a previous conviction for an offence under section 31(2) of failure to provide a urine specimen;

(c)

"admission" means an admission under section 37(2) to an approved institution at —

(i)	any time before the commencement of the Misuse of Drugs (Amendment) Act 1998 but not before 1st October 1992 for the consumption of a controlled drug which is specified in the Fourth Schedule; or
(ii)	any time on or after the commencement of the Misuse of Drugs (Amendment) Act 1998 for the consumption of a specified drug.”.

Amendment of section 37

16. Section 37 of the principal Act is amended by deleting subsections (3), (4) and (5).

Repeal and re-enactment of section 39

17. Section 39 of the principal Act is repealed and the following section substituted therefor:

“Administration of approved institutions

39.—(1) Subject to the directions of the Minister, the general charge and administration of —

(a)	approved institutions, except those designated in paragraph (b), shall be under the Director of Prisons appointed under section 8 of the Prisons Act (Cap.247);
(b)	such approved institutions, as the Minister may designate, shall be under such person as the Minister may appoint.

(2) The Director of Prisons or the person appointed under subsection (1)(b), as the case may be, may appoint a person to be the superintendent of an approved institution and such person shall be responsible for the supervision and administration of that approved institution.

(3) Subject to such modifications as may be made by the Director of Prisons, the standing orders issued under the Prisons Act shall apply to an approved institution under the charge of the Director as they apply to a prison.

(4) The person appointed under subsection (1)(b) may in writing issue orders, to be called standing orders, for the approved institutions designated under his charge.”.

Amendment of section 44

18. Section 44(1) of the principal Act is amended —

(a)

by inserting, immediately after the word "institution" at the end of paragraph (o), the words "and to return to their residences or other designated places";

(b)

by deleting the word "and" at the end of paragraph (r); and

(c)

by deleting the full-stop at the end of paragraph (s) and substituting a semicolon, and by inserting immediately thereafter the following paragraphs:

“(t)	prescribing the functions and procedure of advisory committees;
(u)	requiring the fingerprinting of inmates and the dissemination of this information to the police; and
(v)	prescribing the type of offences in regulations made under this Act which may be seizable offences for the purposes of the Criminal Procedure Code (Cap.68).”.

Amendment of section 45

19. Section 45 of the principal Act is amended by deleting the words "First Schedule" at the end thereof and in the section heading and substituting in each case the words "First, Third and Fourth Schedules".

Miscellaneous amendments

20. The principal Act is amended —

(a)

by deleting the words "Government chemist" wherever they appear in sections 16 and 31(5) and substituting in each case the words "Scientific Officer in the Department of Scientific Services (including the Director and Deputy Director of Scientific Services)";

(b)

by inserting, immediately after the words "controlled drug" in the second line of section 16 and in section 24(1)(c), the words "or controlled substances";

(c)

by deleting the words "Government chemist certificate" in the section heading to section 16 and substituting the words "Certificate signed by Scientific Officer";

(d)

by inserting, immediately after the words "controlled drug", wherever they appear in sections 26(2), 27(3), 27(4) and the section heading to section 27, the words ", controlled substances"; and

(e)

by inserting, immediately after the words "30 years" wherever they appear in the Second Schedule relating to the following sections creating offences, the words "or imprisonment for life":

Sections 5 (sixth column), 6 (third and fourth columns) and 7 (third, fourth and sixth columns).

Amendment of Second Schedule

21. The Second Schedule to the principal Act is amended —

(a)

by inserting, immediately below the entries relating to "unauthorised traffic in cannabis resin" against section 5 in the first column, the following entries in the appropriate columns as shown hereunder:

Punishment

Section creating offence

General nature of offence

Class A drug involved

Class B drug involved

Class C drug involved

Specified drug or quantity thereof or drug with specified content involved

General

Unauthorised traffic in methamphetamine where the quantity is —

(a) not less than 167 grammes and not more than 250 grammes

—

Maximum 30 years or imprison-ment for life and 15 strokes

Minimum 20 years and 15 strokes

—

(b) more than 250 grammes

—

Death

—

(b)

by inserting, immediately below the entries relating to "unauthorised manufacture of cocaine or any salt of cocaine" against section 6 in the first column, the following entries in the appropriate columns as shown hereunder:

Punishment

Section creating offence

General nature of offence

Class A drug involved

Class B drug involved

Class C drug involved

Specified drug or quantity thereof or drug with specified content involved

General

Unauthorised manufacture of methamphetamine

—

Death

—

(c)

by inserting, immediately below the entries relating to "unauthorised import or export of cannabis resin" against section 7 in the first column, the following entries in the appropriate columns as shown hereunder:

Punishment

Section creating offence

General nature of offence

Class A drug involved

Class B drug involved

Class C drug involved

Specified drug or quantity thereof or drug with specified content involved

General

Unauthorised import or export of methamphetamine where the quantity is —

(a) not less than 167 grammes and not more than 250 grammes

—

Maximum 30 years or imprison-ment for life and 15 strokes

Minimum 20 years and 15 strokes

—

(b) more than 250 grammes

—

Death

(d)

by inserting, immediately after the words "controlled drug" under the heading "General nature of offence" relating to section 8(b), the words "or a drug specified in the Fourth Schedule";

(e)

by inserting, immediately below the entries relating to section 10, the following entries in the appropriate columns as shown hereunder:

Punishment

Section creating offence

General nature of offence

Class A drug involved

Class B drug involved

Class C drug involved

Specified drug or quantity thereof or drug with specified content involved

General

10A

Manufacture, supply, possession, import or export of equipment, materials or substances useful for manufacture of controlled drugs.

—

Maximum 20 years or $200,000 or both

"; and

(f)

by deleting the entries relating to section 31(2) and substituting the following entries in the appropriate columns as shown hereunder:

Punishment

Section creating offence

General nature of offence

Class A drug involved

Class B drug involved

Class C drug involved

Specified drug or quantity thereof or drug with specified content involved

General

31(2)

Failure to provide specimen of urine for urine test

—

Maximum 10 years or $20,000 or both

New Third and Fourth Schedules

22. The principal Act is amended by inserting, immediately after the Second Schedule, the following Schedules:

“THIRD SCHEDULE

Section 2

Controlled Equipment, Materials or
SUBSTANCES USEFUL FOR manufacturing
controlled drugs

Part I

1. The following substances:

N-acetylanthranilic acid also known as N-Acetyl-o-aminobenzoic acid

Ephedrine also known as b-Hydroxy-N-methylamphetamine

Ergometrine also known as Ergonovine or Ergobasine or [8b(S)]-9,10-Didehydro-N-(2-hydroxy-1-methylethyl)-6-methyl-6-methylergoline-8-carboxamide

Ergotamine also known as 12"-Hydroxy-2"-methyl-5"a-(phenymethyl)ergotaman-3",6",18"-trinone

Isosafrole also known as 1,2-(Methylenedioxy)-4-propenylbenzene

Lysergic acid also known as 9,10-Didehydro-6-methylergoline-8b-carboxylic acid

3,4-methylenedioxyphenyl-2-propanone

1-Phenyl-2-propanone also known as Phenylacetone

Piperonal also known as 3,4-(Methylenedioxy)benzaldehyde or Piperonylaldehyde

Pseudoephedrine also known as b-Hydroxy-N-methylamphetamine

Safrole also known as 4-Allyl-1,2-methylenedioxybenzene.

2. The salts of the substances listed in paragraph 1 of this Part whenever the existence of such salts is possible.

Part II

1. The following substances:

Acetic anhydride also known as Acetic oxide

Acetone also known as 2-Propanone or Dimethyl ketone

Anthranilic acid also known as o-Aminobenzoic acid

Ethyl ether also known as Ether or Diethyl ether or Ethyl oxide or Diethyl oxide or Ethoxyethane or 1,1"-Oxybisethane

Hydrochloric acid

Methyl ethyl ketone also known as 2-Butanone

Phenylacetic acid also known as Benzeneacetic acid or a-Toluic acid

Piperidine also known as Hexahydropyridine

Potassium permanganate

Sulphuric acid

Toluene also known as Methylbenzene or Phenylmethane.

2. The salts of the substances listed in paragraph 1 of this Part whenever the existence of such salts is possible.

FOURTH SCHEDULE

Sections 2 and 33A

Specified Drugs

1. Diamorphine

2. Morphine

3. Opium”.

Related amendment to Extradition Act

23. Paragraph A of the First Schedule to the Extradition Act (Cap.103) is amended —

(a)

by inserting, immediately after the words "relating to" in item 25, the words "psychotropic substances,"; and

(b)

by inserting, immediately after item 25, the following item:

“

25A.

An offence against the law relating to benefits derived from drug trafficking.

”.

Related amendments to Intoxicating Substances Act

24. The Intoxicating Substances Act (Cap.146A) is amended —

(a)

by deleting subsection (2) of section 18; and

(b)

by inserting, immediately after section 18, the following section:

“Administration of approved centres

18A.—(1) Subject to the directions of the Minister, the general charge and administration of —

(a)	approved centres, except those designated in paragraph (b), shall be under the Director of Prisons appointed under section 8 of the Prisons Act (Cap.247); and
(b)	such approved centres, as the Minister may designate, shall be under such person as the Minister may appoint.

(2) The Director of Prisons or the person appointed under subsection (1)(b), as the case may be, may appoint a person to be the officer in charge of an approved centre and such person shall be responsible for the supervision and administration of that approved centre.

(3) Subject to such modifications as may be made by the Director of Prisons, the standing orders issued under the Prisons Act shall apply to an approved centre under the charge of the Director as they apply to a prison.

(4) The person appointed under subsection (1)(b) may in writing issue orders, to be called standing orders, for the approved centres designated under his charge.”.

Consequential amendment to Registration of Criminals Act

25. Part II of the First Schedule to the Registration of Criminals Act (Cap.268) is amended by deleting the words "Sections 5 to 14 and 33(3)" in the second column against the words "Misuse of Drugs Act" in the first column and substituting the words "Part II, sections 31(2), 33(3) and 33A".

Saving

26.—(1) Any appointment, direction or approval made before the commencement of this Act shall, unless expressly revoked, continue and have effect.

(2) Any act done by a Government chemist before the commencement of this Act shall have the same effect as if it were done by a Scientific Officer in the Department of Scientific Services under the corresponding provision of the principal Act.

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