Misuse of Drugs (Amendment) Act 1989 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 3]

Friday, January 12

[1990

The following Act was passed by Parliament on 30th November 1989 and assented to by the President on 27th December 1989:—

Misuse Of Drugs (Amendment) Act 1989

(No. 38 of 1989)

I assent.

WEE KIM WEE

President.

27th December 1989.

Date of Commencement: 15th February 1990

An Act to amend the Misuse of Drugs Act (Chapter 185 of the 1985 Revised Edition).

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

Short title and commencement

1. This Act may be cited as the Misuse of Drugs (Amendment) Act 1989 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Repeal and re-enactment of section 17

2. Section 17 of the Misuse of Drugs Act (referred to in this Act as the principal Act) is repealed and the following section substituted therefor:

“Presumption concerning trafficking

17. Any person who is proved to have had in his possession more than —

(a)	100 grammes of opium;
(b)	3 grammes of morphine;
(c)	2 grammes of diamorphine;
(d)	15 grammes of cannabis;
(e)	10 grammes of cannabis resin; or
(f)	3 grammes of cocaine,

whether or not contained in any substance, extract, preparation or mixture shall, until the contrary is proved, be presumed to traffic in that controlled drug.”.

Amendment of section 22

3. Section 22 of the principal Act is amended by deleting the words “a urine test” and substituting the words “both urine tests conducted under section 31”.

Amendment of section 31

4. Section 31 of the principal Act is amended —

(a)

by deleting the words “a urine test” in subsection (1) and substituting the words “urine tests to be conducted under this section”;

(b)

by deleting the words “a urine test” in subsection (3)(b) and substituting the words “urine tests conducted under this section”; and

(c)

by deleting subsections (4) and (5) and substituting the following subsections:

“(4) A specimen of urine provided under this section shall be divided into two parts and each part shall be marked and sealed in such manner and in accordance with such procedure as may be prescribed.

(5) A urine test shall be conducted by a Government chemist on one part of a specimen of urine provided under this section and, at the same time or soon thereafter, a second urine test shall be conducted on the other part of the specimen of urine by another Government chemist.”.

Amendment of section 33

5. Section 33 of the principal Act is amended by deleting subsection (3) and substituting the following subsection:

“(3) If any person convicted of an offence under section 8(b) is again convicted of such an offence, he shall be punished with imprisonment for a term of not less than 3 years; and in this subsection, “convicted of an offence” includes a conviction by a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act (Cap. 295).”.

Amendment of section 37

6. Section 37 of the principal Act is amended —

(a)

by deleting the marginal note and substituting the following marginal note:

“Supervision, treatment and rehabilitation of drug addicts.”; and

(b)

by deleting subsection (2) and substituting the following subsection:

“(2) If as a result of such medical examination or observation under subsection (1) or both the urine tests conducted under section 31 it appears to the Director of the Central Narcotics Bureau that it is necessary for any person examined or observed, or who supplied the urine specimen for the urine tests —

(a)	to be subject to supervision, the Director may make a supervision order requiring that person to be subject to the supervision of an officer of the Bureau for a period not exceeding two years; or
(b)	to undergo treatment or rehabilitation or both at an approved institution, the Director may make an order in writing requiring that person to be admitted for that purpose to an approved institution.”.

New section 38A

7. The principal Act is amended by inserting, immediately after section 38, the following section:

“Administration of approved institutions

38A. Subject to the directions of the Minister, approved institutions shall be under the general charge and administration of the Director of Prisons appointed under section 8 of the Prisons Act (Cap. 247).”.

Amendment of section 39

8. Section 39 (2) of the principal Act is amended by deleting the words “5 other members” and substituting the words “such other members, not being less than 3, as the Minister may determine”.

Amendment of section 43

9. Section 43 (1) of the principal Act is amended —

(a)	by inserting, immediately after the word “discipline” in paragraph (o), the words “(including the imposition of corporal punishment)”; and
(b)	by inserting, immediately after the word “persons” in paragraph (q), the words “referred to in section 37(2)(a), or”.

Repeal and re-enactment of Second Schedule

10. The Second Schedule to the principal Act is repealed and the following Schedule substituted therefor:

“SECOND SCHEDULE

Section 33.

Offences Punishable on Conviction

Section creating offence

General nature of offence

Punishment

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 controlled drug except as otherwise provided in this Schedule

Maximum 20 years and 15 strokes

Maximum 20 years and 10 strokes

Maximum 10 years and 5 strokes

—

Minimum 5 years and 5 strokes

Minimum 3 years and 3 strokes

Minimum 2 years and 2 strokes

—

Unauthorised traffic in opium where the quantity is —

(a) not less than 800 grammes and not more than 1200 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 1200 grammes

—

Death

—

Unauthorised traffic in controlled drug (except opium) containing such quantity of morphine being —

(a) not less than 20 grammes and not more than 30 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 30 grammes

—

Death

—

Unauthorised traffic in controlled drug containing such quantity of diamorphine being —

(a) not less than 10 grammes and not more than 15 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 15 grammes

—

Death

—

Unauthorised traffic in cocaine where the quantity is —

(a) not less than 20 grammes and not more than 30 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 30 grammes

—

Death

—

Unauthorised traffic in cannabis where the quantity is —

(a) not less than 330 grammes and not more than 500 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 500 grammes

—

Death

—

Unauthorised traffic in controlled where the quantity is —

(a) not less than 130 grammes and not more than 200 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 200 grammes

—

Death

—

Unauthorised manufacture of controlled drug except as otherwise provided in this Schedule

Maximum 30 years and 15 strokes

Maximum 20 years and 15 strokes

—

Minimum 10 years and 5 strokes

Minimum 5 years and 5 strokes

—

Unauthorised manufacture of morphine, or any salt of morphine, ester of morphine or salt of ester of morphine

—

Death

—

Unauthorised manufacture of diamorphine or any salt of diamorphinw

—

Death

—

Unauthorised manufacture of cocaine or any salt of cocaine

—

Death

—

Unauthorised import or export of controlled drug except as otherwise provided in this Schedule

Maximum 30 years and 15 strokes

Maximum 20 years and 15 strokes

—

Minimum 5 years and 5 strokes

Minimum 3 years and 5 strokes

—

Unauthorised import or export of opium where the quantity is —

(a) not less than 800 grammes and not more than 1200 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 1200 grammes

—

Death

—

Unauthorised import or export of controlled drug (except opium) containing such quantity of morphine being —

(a) not less than 20 grammes and not more than 30 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 30 grammes

—

Death

—

Unauthorised import or export of controlled drug containing such quantity of diamorphine being —

(a) not less than 10 grammes and not more than 15 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 15 grammes

—

Death

—

Unauthorised import or export of controlled drug containing such quantity of cocaine being —

(a) not less than 20 grammes and not more than 30 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 30 grammes

—

Death

—

Unauthorised import or export of cannabis where the quantity is —

(a) not less than 330 grammes and not more than 500 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 500 grammes

—

Death

—

Unauthorised import or export of cannabis resin where the quantity is —

(a) not less than 130 grammes and not more than 200 grammes

—

Maximum 30 years and 15 strokes

—

Minimum 20 years and 15 strokes

—

(b) more than 200 grammes

—

Death

—

8 (a)

Unauthorised possession of a controlled drug

—

Maximum 10 years or $20,000 or both

Minimum for second or subsequent offence 2 years

8 (b)

Smoking, self-administering or consuming a controlled drug

—

Maximum 10 years or $20,000 or both

Possession of pipes, utensils, etc., for smoking, administration or consumption of a controlled drug

—

Maximum 3 years or $10,000 or both

Cultivation of cannabis, opium, coca plant

—

Maximum 20 years or $40,000 or both

Minimum 3 years or $5,000 or both

Being the owner, tenant, occupier or person concerned in the management of premises and permitting or suffering certain activities to take place there

Maximum 10 years or $40,000 or both

Maximum 5 years or $10,000 or both

—

Minimum 2 years or $4,000 or both

Minimum 1 year or $2,000 or both

—

Abetting or procuring the commission outside Singapore of an offence punishable under a corresponding law

—

Maximum 10 years or $40,000 or both

Minimum 2 years or $4,000 or both

30 (1) (a)

Obstructing exercise of powers

—

Maximum 3 years or $5,000 or both

Minimum 6 months or $1,000 or both

30 (1) (b)

Failure to comply with lawful requirements

—

Maximum 3 years or $5,000 or both

Minimum 6 months or $1,000 or both

30 (1) (c)

Failure to furnish information

—

Maximum 3 years or $5,000 or both

Minimum 6 months or $1,000 or both

30 (1) (d)

Furnishing false information

—

Maximum 1 year or $5,000 or both

31 (2)

Failure to provide specimen of urine for urine test

—

Maximum $5,000”.

Search within Legislation