Punishment of Kidnapping Ordinance

Bill No. 137/1961

Read the first time on 26th April 1961.

An Ordinance to provide for the punishment of the offences of abduction, wrongful restraint and wrongful confinement for ransom and other related offences and for matters incidental thereto.

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title

1. This Ordinance may be cited as the Punishment of Kidnapping Ordinance, 1961.

Interpretation

2. In this Ordinance “abduction”, “wrongful restraint” and “wrongful confinement” shall have the meanings assigned to them in sections 362, 339 and 340 respectively of the Penal Code (Cap. 119).

Abduction, wrongful restraint or wrongful confinement for ransom

3. Whoever, with intent to hold any person for ransom, abducts or wrongfully restrains or wrongfully confines such person shall be guilty of an offence and shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to caning.

Knowingly receiving ransom

4. Whoever receives, has possession of or disposes of any money or property or any proceeds thereof, which has at any time been delivered as ransom in connection with any offence punishable under section 3 of this Ordinance, knowing that such money or other property has at any time been delivered as such ransom, shall be guilty of an offence and shall be punished on conviction with imprisonment for a term not exceeding ten years and shall also be liable to caning.

Knowingly negotiating to obtain or for payment of ransom

5.—(1) Whoever knowingly negotiates or assists in any negotiation to obtain any ransom for the release of any person who has been wrongfully restrained or wrongfully confined shall be guilty of an offence and shall be punished on conviction with imprisonment for a term not exceeding ten years and shall also be liable to caning.

(2) Whoever knowingly negotiates or assists in any negotiation to pay or pays or provides funds for the payment of any ransom for the release of any person who has been wrongfully restrained or wrongfully confined shall be guilty of an offence and shall be punished on conviction with imprisonment for a term not exceeding seven years and shall also be liable to a fine.

Power to freeze bank account

6.—(1) The Public Prosecutor may, where he is satisfied that it is likely that the money for the payment of ransom for the release of any person may be paid out of any bank account, by order direct any bank in Singapore not to pay any money out of nor to pay cheques drawn on such bank account for a specified period not exceeding one month.

(2) Any officer of a bank who complies with an order of the Public Prosecutor under subsection (1) of this section shall be relieved of any liability to any other person in respect of the payment prohibited by such order.

(3) The manager of any bank which fails to comply with an order of the Public Prosecutor under subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Public Prosecutor’s power to order inspection of books, accounts, receipts, vouchers or other documents

7.—(1) Notwithstanding anything to the contrary in any other written law contained, the Public Prosecutor may, if he considers that any evidence of the commission of an offence under this Ordinance or of a conspiracy to commit, or an attempt to commit, or an abetment of such offence by a person is likely to be found in any book, account, receipt, voucher or other document in respect of the payment of money or the delivery of property relating to such person, the spouse or child of such person or to a person reasonably believed by the Public Prosecutor to be a trustee or agent for such person or the spouse or child of such person, by order authorise any police officer of or above the rank of Assistant Superintendent named in such order to inspect any such book, account, receipt, voucher or other document and a police officer so authorised may, at all reasonable times, enter any premises specified in such order and inspect any such book, account, receipt, voucher or other document and may take copies thereof or of any relevant part thereof.

(2) Any person who fails to produce any such book, account, receipt, voucher or other document which is in his possession or control shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(3) For the purposes of this section —

“bank” means any company carrying on the business of bankers in Singapore incorporated by or under any written law or licensed under any written law and the Post Office Savings Bank;

“book” includes ledgers, day books, cash books, account books and all other books and documents used in the ordinary course of the business of a bank or other person or body of persons, whether corporate or incorporate.

Public Prosecutor’s powers to obtain information

8.—(1) In the course of any investigation or proceedings into or relating to an offence by any person under this Ordinance or of a conspiracy to commit, or an attempt to commit, or an abetment of any such offence, the Public Prosecutor may by order —

(a)	require any such person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by such person and by the spouse and children of such person, and specifying the date on which each of the properties enumerated was acquired and whether it was acquired by way of purchase, gift, bequest, inheritance or otherwise;
(b)	require any such person to furnish a sworn statement in writing of any money or other property paid or disposed of by him during such period as may be specified in the order;
(c)	require any other person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by such person where the Public Prosecutor has reasonable grounds to believe that such information may be relevant to the investigation or proceedings;
(d)	require the Comptroller of Income Tax to furnish all information available to the Comptroller relating to the affairs of such person or of the spouse or child of such person and to produce or furnish, specified in the notice, any document or a certified copy of any document relating to such person or the spouse or child of such person which is in the possession or under the control of such Comptroller;
(e)	require the person in charge of any department, office or establishment of the Government, or the president, chairman, manager or chief executive officer of any public body to produce or furnish, as specified in the notice, any document or a certified copy of any document which is in his possession or under his control;
(f)	require the manager of any bank to give copies of the accounts of such person or of the spouse or child of such person at the bank.

(2) Every person to whom an order is given by the Public Prosecutor under subsection (1) of this section shall, notwithstanding the provisions of any written law or any oath of secrecy to the contrary, comply with the terms of the order within such time as may be specified therein and any person who wilfully neglects or fails so to comply shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Duty to give information to police

9.—(1) Notwithstanding the provisions of any written law any person who is aware of the commission of or the intention of any other person to commit any offence under this Ordinance shall in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to a police officer of such commission or intention, as the case may be.

(2) Any person bound to give any information under the provisions of subsection (1) of this section who fails to do so in accordance with the provisions of that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Power to intercept communication

10.—(1) Notwithstanding the provisions of any other written law the Public Prosecutor may if he considers that it is likely to contain any information relating to the payment of ransom for the release of a person who has been wrongfully restrained or wrongfully confined authorize any police officer —

(a)	to intercept, detain and open any postal article in course of transmission by post;
(b)	to intercept any message transmitted or received by any telegraph; or
(c)	to intercept or listen to any conversation by telephone.

(2) For the purposes of this section —

“postal article” shall have the same meaning as in the Post Office Ordinance (Cap. 105); and

“telegraph” shall have the same meaning as in the Telegraphs Ordinance (Cap. 108).

Offences to be seizable

11. All offences under this Ordinance shall be deemed to be seizable offences for the purposes of the Criminal Procedure Code (Cap. 132).

Evidence of accomplice

12. Notwithstanding any rule of law or written law to the contrary, no witness shall in any trial of any offence under this Ordinance be presumed to be unworthy of credit by reason only that he has paid or negotiated to pay any ransom or has provided funds for the payment of any ransom to procure the release of any person who has been wrongfully restrained or wrongfully confined.

Evidence of pecuniary resources or property

13.—(1) In any trial or inquiry by a court into an offence under this Ordinance or into a conspiracy to commit, or attempt to commit, or an abetment of any such offence the fact that an accused person is in possession, for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income, or that he had, at or about the time of the alleged offence, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken into consideration by the court as corroborating the testimony of any witness in such trial or inquiry that such accused person has received a ransom for the release of a person who has been wrongfully restrained or wrongfully confined.

(2) An accused person shall, for the purpose of subsection (1) of this section, be deemed to be in possession of resources or property or to have obtained an accretion thereto where such resources or property are held or such accretion is obtained by any other person whom, having regard to his relationship to the accused person or to any other circumstances, there is reason to believe to be holding such resources or property or to have obtained such accretion in trust for or on behalf of such accused person or as a gift from such accused person.

Protection of informers

14.—(1) Except as hereinafter provided, no complaint as to an offence under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his discovery.

(2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further.

(3) If on a trial for any offence under this Ordinance the court, after full inquiry into the case, is of opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.

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