PART X OFFENCES AGAINST WOMEN AND GIRLS |
Offences relating to prostitution |
128.—(1) Any person who —(a) | sells, lets for hire or otherwise disposes of or buys or hires or otherwise obtains possession of any woman or girl with intent that such woman or girl shall be employed or used for the purpose of prostitution either within or without Singapore, or knowing or having reason to believe that such woman or girl will be so employed or used; | (b) | procures any woman or girl to have either within or without Singapore carnal connection except by way of marriage with any male person or for the purpose of prostitution either within or without Singapore; | (c) | by threats or intimidation procures any woman or girl to have carnal connection except by way of marriage with any male person either within or without Singapore; | (d) | by or under any false pretence, false representation, or fraudulent or deceitful means made or used either within or without Singapore, brings or assists in bringing into, or takes out of or assists in taking out of, Singapore any woman or girl with intent that such woman or girl shall be employed or used for the purpose of prostitution either within or without Singapore or knowing or having reason to believe that such woman or girl will be so employed or used; | (e) | brings into Singapore, receives or harbours any woman or girl knowing or having reason to believe that such woman or girl has been procured for the purpose of having carnal connection except by way of marriage, with any male person or for the purpose of prostitution either within or without Singapore and with intent to aid such purpose; | (f) | knowing or having reason to believe that any woman or girl has been procured by threats or intimidation for the purpose of having carnal connection except by way of marriage with any male person, either within or without Singapore, receives or harbours such woman or girl with intent to aid such purpose; | (g) | knowing or having reason to believe that any woman or girl has been brought into Singapore in breach of paragraph (d) of this subsection or has been sold or purchased in breach of paragraph (a) of this subsection receives or harbours such woman or girl with intent that she may be employed or used for the purpose of prostitution either within or without Singapore; | (h) | detains any woman or girl in a brothel against her will; | (i) | detains any woman or girl in any place against her will with intent that she may be employed or used for the purpose of prostitution or for any unlawful or immoral purpose; | (j) | has carnal connection with any girl under the age of sixteen years except by way of marriage; or | (k) | attempts to do any act in contravention of this section, |
shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding ten thousand dollars. |
(2) Any male person who is convicted of a second or subsequent offence under paragraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1) of this section shall in addition to any term of imprisonment awarded in respect of such offence be liable to caning. |
(3) For the purposes of this section it shall be presumed until the contrary is proved that —(a) | a person who takes or causes to be taken into a brothel any woman or girl has disposed of such woman or girl with the intent or knowledge mentioned in paragraph (a) of subsection (1) of this section; | (b) | a person who receives any woman or girl into a brothel has obtained possession of such woman or girl with the intent or knowledge mentioned in paragraph (a) of subsection (1) of this section; | (c) | a person has detained a woman or girl in any brothel or in any place against her will if, with intent to compel or induce her to remain therein, such person —(i) | withholds from such woman or girl any wearing apparel or any other property belonging to her or any wearing apparel commonly or last used by her; or | (ii) | where wearing apparel or any other property has been lent or hired out or supplied to such woman or girl, threatens such woman or girl with legal proceedings if she takes away such wearing apparel or property; or | (iii) | threatens such woman or girl with legal proceedings for the recovery of any debt or alleged debt or uses any other threat whatsoever. |
|
|
(4) Reasonable cause to believe that a girl was of or above the age of sixteen years shall not be a defence to a charge of an offence under paragraph (j) of subsection (1) of this section:Provided that in the case of a man of twenty-four years of age or under the presence of reasonable cause to believe that the girl was over the age of sixteen years shall be a valid defence on the first occasion on which he is charged with such an offence. |
|
|
|
Traffic in women and girls |
129.—(1) Any person who buys, sells, procures, traffics in, or brings into or takes out of Singapore for the purpose of such traffic, and whether or not for the purpose of present or subsequent prostitution, any woman or girl, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding ten thousand dollars.(2) No person shall be charged with an offence under this section if he satisfies the Director that the woman or girl brought into or taken out of Singapore by him or intended to be brought into or taken out of Singapore by him was so brought into or taken out of Singapore or is intended to be so brought into or taken out of Singapore for the purpose of her marriage or adoption and that such marriage or adoption can be solemnized or made and has been or will be solemnized or made under the laws and customs for the time being in force in Singapore. |
|
Importation of woman or girl by false pretences |
130. Any person who by or under any false pretence, false representation or fraudulent or deceitful means made or used either within or without Singapore brings into, or takes out of, or assists in bringing into, or assists in taking out of Singapore any woman or girl, whether or not for the purpose of present or subsequent prostitution, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding ten thousand dollars. |
Persons living on or trading in prostitution |
131.—(1) Any person who knowingly lives wholly or in part on the earnings of the prostitution of another person shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding ten thousand dollars.(2) Any male person who is convicted for a second or subsequent offence under this section shall in addition to any term of imprisonment awarded in respect of such offence be liable to caning. |
(3) Where any person is proved to live with or be habitually in the company of a prostitute or prostitutes or is proved to have exercised control, direction or influence over the movements of a prostitute or prostitutes in such a manner as to show that such person is aiding, abetting or compelling her or their prostitution with any other person or generally, such person shall, in the absence of proof to the contrary, be deemed to be knowingly living on the earnings of prostitution. |
|
Suppression of places of assignation |
132.—(1) Any person who keeps, manages or assists in the management of a place of assignation shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine; and on a second or subsequent conviction shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine.(2) Any person who keeps, manages or assists in the management of a club or a place of public resort which is used as a place of assignation shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding five thousand dollars or to both such imprisonment and fine; and on a second or subsequent conviction shall be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding fifteen thousand dollars or to both such imprisonment and fine. |
|
133.—(1) Any person who keeps or manages or assists in the management of a brothel shall be guilty of an offence under this section.(2) Any person who is the tenant, lessee, occupier or person in charge of any place which is used as a brothel shall unless such person proves that he has no knowledge that the place is used as a brothel be guilty of an offence under this section. |
(3) Any person who being the tenant, lessee, occupier or person in charge of any place lets such place or any part thereof shall notwithstanding such letting be guilty of an offence under subsection (2) of this section if the place or any part thereof is used as a brothel, unless he proves that he has no knowledge that the place or such part thereof is used as a brothel. |
(4) Any person who being the owner of any place or the agent of such owner lets the same or any part thereof with the knowledge that such place or some part thereof is to be used as a brothel or is wilfully a party to the continued use of such place or any part thereof as a brothel shall notwithstanding such letting be guilty of an offence under this section. |
(5) Any person who is guilty of an offence under this section shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine; and on a second or subsequent conviction shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine. |
|
Notice to owner and occupier |
134.—(1) Where the Director has reason to believe that a place is being used as a brothel or as a place of assignation he may serve or cause to be served a notice in the prescribed form on the owner of such place, as well as the occupier thereof.(2) If the owner or occupier is not otherwise known, service shall be made on the person inscribed in the books kept under any written law for the time being in force as the owner or occupier of such place; and if the name of the owner or occupier is not inscribed in such books or if the name of the owner or occupier cannot by the exercise of due diligence be found, then the notice may be served by being affixed to the principal outer door or upon the outside of any door or window or any conspicuous part of the place. |
(3) Every occupier receiving a notice under this section shall forthwith inform the owner or the person from whom he rents the place of the fact of receipt of such notice who shall in like manner inform the owner or the person from whom he rents the place and so on till the notice is brought to the knowledge of the owner, each tenant being responsible to bring the notice to the knowledge of his immediate lessor. |
(4) Any occupier who refuses or omits to inform the owner or the person from whom he rents the premises that such notice has been received shall be liable to prosecution under section 225C of the Penal Code (Cap. 119). |
(5) If in proceedings under this Part of this Ordinance, it is proved that the notice referred to in subsection (1) of this section has been served on the owner or occupier of a place it shall be presumed that the place is so kept, managed or used to the knowledge or with the permission of the owner or occupier of such place. |
|
Determination of tenancy of places on conviction for permitting use as a brothel, etc |
135.—(1) Upon the conviction of the occupier of any place for any offence under section 132 or 133 of this Ordinance in respect of such place, the owner of such place shall within one month require the person so convicted to deliver up possession of the place to the owner, and in the event of the person so convicted failing within one month of being so required to deliver up possession as aforesaid, the owner of such place shall be entitled to determine the lease or contract of tenancy but without prejudice to the rights or remedies of any party to such lease or contract accrued before the date of such determination.(2) Notwithstanding the provisions of the Control of Rent Ordinance (Cap. 242), where the owner of any place has determined the lease or contract of tenancy in accordance with the provisions of subsection (1) of this section and the occupier has not delivered up possession of the place after such determination, a Magistrate’s Court may on the application of the owner make a summary order for the delivery of possession of the place to the owner. |
(3) If the occupier disobeys any order made by a Magistrate’s Court under the provisions of subsection (2) of this section, he shall be liable to the penalty prescribed in that behalf in section 188 of the Penal Code (Cap. 119). |
|
Court to make order for demolition of structural contrivances for facilitating the running of a place of assignation or of a brothel |
136. Whenever it appears to a court, upon the trial of any offence under section 132 or 133 of this Ordinance, that the place in or in respect of which the offence is alleged to have been committed is a place of assignation or a brothel, and that the same is fitted or provided with any means or contrivances such as staircases, doors and partitions, ladders, planks, platforms, posts, palings, fences, locks, bars, bolts or any other things which appear to it to have been specially erected or constructed for the purpose of facilitating the carrying on of a place of assignation or of a brothel at such place, the court shall order the demolition of such means or contrivances. |
Authority of courts to issue arrest and search warrants |
137. If any court has reason to believe that any place is used by a woman or girl for the purpose of prostitution and that any other person residing in or frequenting the house is living wholly or in part on the immoral earnings of such woman or girl, it may issue a warrant authorizing the Director or any officer of the Ministry of Labour and Law or any police officer not below the rank of Inspector to enter and search the place and to arrest such person. |
Trials in camera in certain cases |
138.—(1) When any person is charged with or convicted of having committed any offence under this Part of this Ordinance, or under section 354 or 376, or sections 354 and 511, or sections 376 and 511 of the Penal Code (Cap. 119) in respect of any woman or girl, the court conducting a preliminary inquiry into, or trying such offence, or hearing any appeal or special case or any point reserved by a Judge of the High Court in relation to such offence, may order that all proceedings before it shall be dealt with in camera.(2) Whenever any such order is made the court shall not be deemed an open court, and the court shall order that no person shall have access to or be or remain in such court except such persons as are necessary for the purpose of the proceedings. |
(3) The court shall order proceedings before it to be dealt with in camera in any case where the girl in respect of whom an offence under this Part of this Ordinance, or under section 354 or 376, or sections 354 and 511, or sections 376 and 511 of the Penal Code is alleged to have been committed has not attained the age of sixteen years. |
(4) No newspaper report of any proceedings under this Part of this Ordinance in any court shall reveal the name or address, or include any particulars calculated to lead to the identification of any woman or girl in respect of whom the offence is alleged to be committed, nor shall any picture be published in any newspaper as being or including a picture of any such woman or girl. |
(5) Any person who publishes any matter in contravention of this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand dollars or to both such imprisonment and fine. |
|
139.—(1) All offences against this Part of this Ordinance shall be cognizable by a District Court:Provided that no prosecution shall be instituted in respect of any such offence without the previous sanction of the Director or the Public Prosecutor or his deputy. |
|
(2) Any District Court may, notwithstanding anything in the Criminal Procedure Code (Cap. 132), impose the full punishment prescribed by this Part of this Ordinance in respect of any offence. |
(3) Prosecutions in respect of offences committed under this Part of this Ordinance may be conducted by the Director or any officer of the Ministry of Labour and Law, authorized in writing in that behalf by the Director. |
|
Detention pending on judicial proceedings |
140.—(1) Any court inquiring into or trying an offence punishable under this Part of this Ordinance or under section 309, 312, 313, 317, 354, 370, 371, 372, 373, 373A, 376, 376B, 377 or 498 of the Penal Code or defined in section 321, 322, 339, 340, 350, 351, 360, 361 or 362 of the Penal Code may order any woman or girl in respect of whom the offence is alleged to have been committed to be detained temporarily until the determination of the proceedings against the person accused.(2) Where an order is made under subsection (1) of this section the Director shall receive such woman or girl and shall put her in a place of safety and shall there detain her until the determination of the proceedings. |
(3) Notwithstanding the determination of the proceedings against the accused person, the Director may by warrant under his hand, order the detention in a place of safety of any woman or girl referred to in this section whom he considers to need protection, and thereupon such arrangements shall be made for her welfare as the Director deems necessary:Provided that in exercising his powers under this subsection, the Director shall not contravene the provision of section 146 of this Ordinance. |
|
|
|
Director may examine women and girls and the person in charge of them |
141.—(1) If the Director has reasonable cause to believe that —(a) | any woman or girl has been brought into Singapore either after having been purchased or by fraud, misrepresentation or any false pretence whether or not for the purpose of prostitution or of being sent from Singapore; | (b) | the custody of any woman or girl has been acquired either after having been purchased or by fraud, misrepresentation or any false pretence whether or not for the purpose of prostitution or of being sent from Singapore; | (c) | any woman or girl has been purchased either within or without Singapore for the purpose of being used, trained or disposed of as a prostitute; or | (d) | any woman or girl is being detained against her will for the purpose of prostitution or of being sent from Singapore for immoral purposes, |
the Director, or any person authorized in that behalf by him in writing, may require such woman or girl and any person who appears to have the custody or control of such woman or girl to appear before him at any reasonable time and at any convenient place and the Director may examine such woman or girl as to her reasons for entering or being in Singapore and may examine such person respecting such woman or girl and such woman or girl and such person shall be legally bound to answer such questions truthfully to the best of their ability. |
(2) The Director may also require any person in whose custody or under whose control the woman or girl appears to be to furnish him with copies of her and such person’s photograph and to furnish security to the satisfaction of the Director that such woman or girl will not leave Singapore without the previous consent in writing of the Director and will not be trained or disposed of as a prostitute or for immoral purposes and will not whether by way of adoption, marriage or otherwise, be transferred to the care and custody of any other person without the previous consent in writing of the Director and that she will be produced before the Director whenever he requires it. |
(3) In default of such photographs and security being given the Director may by warrant under his hand order such woman or girl to be removed to a place of safety and there detained until she can be returned to the place from whence she was brought or until other proper provision can be made for her welfare. |
(4) Where the Director has reason to believe that such woman or girl may be sent from Singapore, he may issue an order for the detention of such woman or girl in a place of safety until the determination of any inquiries or until after such arrangements have been made for her welfare as the Director deems necessary. |
|
142.—(1) The Director or any officer generally or specially authorized in that behalf in writing by the Director may at any time visit and inspect the place where any woman or girl in respect of whom security has been furnished under section 141 of this Ordinance lives or is believed to live or to be.(2) The Director or any such officer may inquire into the condition and circumstances of such woman or girl and for the purposes of such inquiry the Director or such officer as aforesaid may require any person to answer any questions he may think proper to ask. |
(3) Any person who —(a) | obstructs or hinders or attempts to obstruct or hinder the Director or any such officer in the exercise of the powers conferred by this section; or | (b) | refuses to answer to the best of his knowledge and belief any question which he is legally bound to answer and which is asked of him by any officer appointed or authorised under this Part of this Ordinance, |
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine. |
|
|
Security on departure of woman or girl from Singapore |
143.—(1) Whenever the Director is of opinion that it is in the interests of any such woman or girl as is referred to in section 141 of this Ordinance that such woman or girl should be permitted to leave Singapore, the Director may grant such permission upon being supplied with such photographs of such woman or girl as he may require and upon security being given to his satisfaction that the person in whose custody or control such woman or girl appears to be will bring such woman or girl before such public officer within such period and at such destination as may be specified in the bond.(2) The giving of such further security shall not relieve any person who furnished the security required by section 141 of this Ordinance from any obligation under the conditions of the bond entered into under that section, other than the condition relating to departure from Singapore, unless the public officer in the territory where such woman or girl then resides obtains fresh security conditioned in the manner specified in section 141 of this Ordinance. |
(3) A certificate under the hand of the public officer referred to in subsection (1) of this section that such woman or girl has not been brought before him shall in any legal proceedings be conclusive evidence to that effect, unless the court requires such officer to be called as a witness. |
|
Girl under twenty-one used or trained for immoral purposes, etc |
144.—(1) If the Director has reasonable cause to believe that any girl under the age of twenty-one years is being trained or used for immoral purposes or lives in or frequents any brothel or is habitually in the company of prostitutes or brothel keepers or procuresses or persons employed or living in brothels or persons directly interested in the business carried on in brothels or by prostitutes, he may, by warrant under his hand, order such girl to be removed to a place of safety and there temporarily detained until an inquiry has been held by him.(2) If the Director after holding such inquiry is satisfied that such girl comes within the provisions of subsection (1) of this section, he may, by warrant under his hand, order such girl to be detained in a place of safety. |
|
Director may order detention of woman or girl in certain cases |
145.—(1) Any woman or girl —(a) | whose lawful guardian requests the Director in writing to detain her in a place of safety; or | (b) | whom the Director considers to need protection and whose lawful guardian cannot be found; or | (c) | whom the Director believes to have been ill-treated and to need protection; or | (d) | whom the Director considers to be in moral danger, |
may by warrant under the hand of the Director be ordered by him to be removed to a place of safety and there detained until he has held an inquiry as to the circumstances of her case. |
(2) Every such inquiry shall be completed within a period of one month from the date of such woman’s or girl’s admission into the place of safety. |
(3) If after holding such inquiry, the Director is satisfied that such woman or girl is in need of protection, he may by warrant under his hand order that such woman or girl be detained in a place of safety. |
|
Period of detention of woman or girl in a place of safety |
146. No woman or girl appearing to be under the age of twenty-one years at the time of her being received into a place of safety shall be detained under this Part of this Ordinance after such arrangements have been made for her welfare as the Director deems necessary or in any case after she attains the age of twenty-one years or marries, whichever first happens. |
Marriage not to be contracted without consent of Director |
147. No girl detained under the provisions of this Part of this Ordinance or in respect of whom security has been taken under the provisions of subsection (1) of section 141 of this Ordinance shall contract any form of marriage without the previous consent in writing of the Director. |
Women and girls in urgent need of refuge |
148.—(1) Any woman or girl may on her own application be received by the Director into a place of safety if he is satisfied that such woman or girl is in urgent need of refuge.(2) Where the situation warrants it, the person in charge of any place of safety may receive into such place of safety any woman or girl who makes an application to her. |
(3) Where the person in charge of a place of safety receives any woman or girl into such place of safety in accordance with subsection (2) of this section she shall within forty-eight hours of the admission of such woman or girl, produce her before the Director with a full report of the circumstances. |
|
Transfer of women or girls from one place of safety to another place of safety within Singapore |
149. Whenever an order has been made under subsection (3) of section 140, section 141, 144 or 145 of this Ordinance for the detention of a woman or girl in a place of safety and it appears to the Director to be expedient in the interests of such woman or girl that she should be transferred from such place of safety to another place of safety within Singapore, it shall be lawful for the Director to issue an order that such woman or girl shall be so transferred:Provided that no woman or girl admitted into a place of safety in Singapore on the request in writing of her lawful guardian under paragraph (a) of subsection (1) of section 145 of this Ordinance shall be so transferred from such place of safety except with the approval in writing of her lawful guardian. |
|
|
Removal of women or girls to Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong by order of the Minister |
150.—(1) Whenever an order has been made under subsection (3) of section 140, section 141, 144 or 145 of this Ordinance for the detention of a woman or girl in a place of safety and it appears to the Minister to be expedient in the interests of such woman or girl that she should be removed from such place of safety and transferred to a place of safety established in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong under the provisions of any law for the time being in force in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong, as the case may be, for the protection of women and girls, it shall be lawful for the Minister to issue an order that such woman or girl shall be removed to such place of safety established in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong:Provided that no woman or girl admitted into a place of safety in Singapore on the request in writing of her lawful guardian under paragraph (a) of subsection (1) of section 145 of this Ordinance shall be so removed from such place of safety except with the approval in writing of her lawful guardian. |
|
(2) The order for removal under this section shall be addressed to the person in charge of the place of safety in which the woman or girl is detained and shall direct such person to deliver the woman or girl to the person mentioned in the said order for removal at such place in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong and in such manner as may be specified in the said order for the purpose of transfer as aforesaid; and the woman or girl shall be delivered up and shall be transferred accordingly. |
(3) The Minister may direct that any conditions not inconsistent with the provisions of this Part of this Ordinance, which may be prescribed by the provisions of any law for the time being in force in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong for the reception of women and girls from Singapore into the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong, and the detention therein of such women and girls shall be observed. |
(4) Any woman or girl removed under this Part of this Ordinance to a place of safety in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong may, if she so desires, on being discharged from such place of safety, be returned to Singapore. |
|
151. An appeal shall lie from any order made by the Director under this Part of this Ordinance to the Minister whose decision shall be final and shall not be questioned in any court. |
Women and girls may be received into and detained in Singapore |
152.—(1) Whenever the Government of the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong makes a representation to the Minister that it is expedient that any woman or girl whose detention in a place of safety has been ordered by the authority thereunto empowered by the law of such territory should be removed to Singapore for detention in a place of safety within Singapore, and satisfies the Minister that provision will be made for the payment of all expenses that may be incurred in the reception, maintenance and detention of, or otherwise in relation to, such woman or girl, the Minister, if it appears to him that there is sufficient accommodation for such woman or girl in a place of safety within Singapore, may by warrant under his hand in the prescribed form direct such woman or girl, when brought into Singapore, to be received therein and conveyed to a place of safety specified in such warrant and to be there detained until discharged in due course of law or until further order.(2) The representation mentioned in subsection (1) of this section shall be delivered under the hand of the Minister or the officer for the time being charged with the responsibility for making such a representation on behalf of the Government concerned. |
(3) Every warrant purporting to be issued in pursuance of this Part of this Ordinance and to be under the hand of the Minister shall be received in evidence in every court without further proof and shall be evidence of the facts therein stated, and all acts done in pursuance of such warrant shall be deemed to have been authorized by law. |
|
Women and girls so received to be subject to local law |
153. Any woman or girl received into Singapore under the provisions of section 152 of this Ordinance shall be dealt with in Singapore in like manner as if her detention in a place of safety had been ordered by the Director by warrant under his hand, and shall be subject to all laws and regulations in force in Singapore. |
Women and girls detained to be subject to rules |
154.—(1) Every woman or girl detained under this Part of this Ordinance shall be subject to such rules as are prescribed.(2) Every woman or girl detained or ordered to be detained under this Part of this Ordinance who leaves any place in which she is detained otherwise than in accordance with such rules may be arrested and taken back to such place by any police officer or by any officer duly authorized thereto either specially or generally by the Director. |
(3) Any person who induces or assists any woman or girl so detained as aforesaid to leave the place in which she is detained, otherwise than in accordance with such rules, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine. |
|
Director may cause persons to be photographed |
155.—(1) Whenever the Director, after inquiry, has reason to believe that a breach of any of the provisions of this Part of this Ordinance is about to be or has been committed by any person, the Director may direct that such person be photographed, and his finger impressions taken at such time and place and in such manner as the Director may think fit, and the person so directed shall submit to be photographed and to have his finger impressions taken at such time and place and in such manner as the Director may think fit and in default of so doing shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine.(2) Any person whose finger impressions and photograph have been taken under subsection (1) of this section may apply on the expiry of five years from the date when such finger impressions and photograph were taken for the return of such finger impressions and photograph and the Director shall, unless such person has in such period of five years been convicted of any offence under this Part of this Ordinance, deliver to such person the sheet upon which his finger impressions have been made together with the negative and all copies of any photograph taken of him, or, if no such application is received within three months from the period specified in this subsection, shall destroy such sheet and every such negative and photograph. |
|
Power to summon and examine persons in certain circumstances |
156.—(1) The Director may summon any person who he has reason to believe can give any information —(a) | regarding any woman or girl in respect of whom he has reasonable cause to believe that an offence under this Part of this Ordinance is or may be committed or who he has reasonable cause to believe is or may be liable to be dealt with under section 141, 144 or 145 of this Ordinance; or | (b) | regarding any place which he has reasonable cause to believe is being used as a brothel, a place of assignation or for the purpose of prostitution. |
(2) The person so summoned shall attend at the hour and place specified in the summons and shall produce all documents in his custody, possession or control relating to such woman or girl or place, as the case may be, and shall answer truthfully all questions which the Director may put to him respecting any such woman or girl or place or in any way relating to the matter being inquired into, and where the inquiry relates to any woman or girl, such person shall also, if so required by the Director, produce such woman or girl, unless such person is able to satisfy the Director that he is unable to do so. |
(3) The Director shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 119) and may administer oaths to and examine on oath any person summoned before him for the purposes of this Part of this Ordinance. |
(4) Any person summoned who fails to attend at the hour and place specified in the summons or to do any of the other acts referred to in subsection (2) of this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine. |
(5) The Director shall not be compellable in any judicial proceeding to answer any question as to the grounds of his decision or belief in any case dealt with by him under this Part of this Ordinance or as to anything which came to his knowledge in any inquiry made by him as Director. |
(6) The Director may during or after such inquiry as is referred to in subsection (1) of this section arrest or cause to be arrested any person whom he has reasonable cause to believe to be liable to prosecution for any offence under this Part of this Ordinance committed in respect of such woman or girl or such place, and may seize and detain any articles or any books, documents or accounts which he may have reason to believe to relate to such offence. |
|
157. The Director shall at any inquiry held by him take down and record the evidence taken by him upon such inquiry and of his decision thereon and shall furnish to the High Court a copy of such notes of evidence when called upon to do so by order of a Judge of such Court suppressing in such copy the name of any person from whom information has been derived if he thinks it expedient to do so. |
158.—(1) The Director, or any person being either a person employed in the Ministry of Labour and Law, or a police officer not below the rank of Inspector or an officer of the Immigration Department, Singapore, and being generally or specially authorized for that purpose in writing by the Director, may enter, and for that purpose use force if necessary, and search —(a) | any place where the Director or such person or officer has reasonable cause to believe that an offence under this Part of this Ordinance has been or is being committed; and | (b) | any person in any such place, |
and may remove any woman or girl who is or may be liable to be dealt with under section 141, 144 or 145 of this Ordinance to a place of safety to be there detained until her case is inquired into: |
Provided that no female shall be searched except by a female. |
|
(2) Any person who refuses to be searched or refuses the Director or such person or officer as aforesaid access to such place or otherwise obstructs or hinders him in effecting an entrance to such place or in removing any such woman or girl shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars, or to both such imprisonment and fine. |
|
Power of arrest and seizure |
159.—(1) The Director, or any person being either a person employed in the Ministry of Labour and Law, or a police officer not below the rank of Inspector or an officer of the Immigration Department, Singapore, and being generally or specially authorized for that purpose in writing by the Director, may arrest or cause to be arrested any person reasonably believed to be liable to prosecution for an offence under section 128, 129, 130, 131, 132 or 133 of this Ordinance and may seize, and for that purpose use force if necessary, and detain any articles or any books, documents or accounts which he may have reason to believe to relate to an offence.(2) Where any person is arrested by the Director or by any of the persons mentioned in subsection (1) of this section the Director or any such person making the arrest shall comply with the provisions of sections 35 and 36 of the Criminal Procedure Code (Cap. 132) as if he were a police officer. |
(3) Any person who obstructs or hinders the Director or such person or officer as aforesaid in the arrest of any such suspected person or in the seizure or detention of such articles, books, documents or accounts shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars, or to both such imprisonment and fine. |
|
Presumption arising out of warrants |
160.—(1) Every warrant or summons purporting to be issued in pursuance of this Part of this Ordinance and to be under the hand and seal of the Director shall be received in evidence in any court without further proof and shall be prima facie evidence of the facts therein stated.(2) All acts done in pursuance of such warrant or summons shall be deemed to have been authorized by law. |
|
161. The Minister may by notification in the Gazette appoint such officers as he may think fit for the purposes of this Part of this Ordinance and may by such notification confer upon such officers all or any of the powers conferred and duties imposed upon by the Director by this Part of this Ordinance. |
Minister may establish places of safety |
162. The Minister may, by order to be published in the Gazette, establish such places of safety as may be necessary for the purposes of this Part of this Ordinance. |
163.—(1) The Minister may by notification in the Gazette appoint for every place of safety a Board of Visitors to advise and make recommendations to the Director on such matters as he may refer to it.(2) A Board of Visitors may be appointed for one or more places of safety as the Minister thinks fit. |
(3) A Board of Visitors shall consist of twelve persons of whom at least five shall be women. |
|
164.—(1) The Minister may appoint for a place of safety a Discharge Committee which shall advise and make recommendations to the Director on the discharge and aftercare of women and girls in such place of safety.(2) A Discharge Committee may be appointed in respect of one or more places of safety as the Minister thinks fit. |
(3) A Discharge Committee shall consist of seven persons a majority of whom shall be women. |
|
|