Misuse of Drugs (Amendment) Bill

Bill No. 14/1977

Read the first time on 2nd September 1977.

An Act to amend the Misuse of Drugs Act, 1973 (No. 5 of 1973).

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, 1977, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Misuse of Drugs Act, 1973 (hereinafter in this Act referred to as “the principal Act”) is hereby amended —

(a)

by deleting the definition of “approved institution” appearing therein and substituting therefor the following: —

“ “approved institution” means any institution or place declared by the Minister to be an approved institution under section 33A;”;

(b)

by inserting immediately after the definition of “immigration officer” appearing therein the following definition: —

“ “inmate” means a person who is detained in an approved institution;”;

(c)

by inserting immediately after the definition of “police officer” appearing therein the following definition: —

“ “Review Committee”, in relation to any approved institution, means a Review Committee appointed for the institution under section 33B;”;

(d)

by inserting immediately after the definition of “senior officer of customs” appearing therein the following definition: —

“ “special police officer” means a member of the Special Constabulary constituted under Part VIII of the Police Force Act (Cap. 78);”; and

(e)

by deleting the full-stop appearing at the end of the definition of “traffic” appearing therein and substituting therefor a semi-colon, and by inserting immediately thereafter the following definition: —

“ “Vigilante Corps” means the Vigilante Corps constituted under the Vigilante Corps Act (Cap. 80).”.

New section 2B

3. The principal Act is hereby amended by inserting immediately after section 2A thereof the following section: —

“Advisory committees

2B.—(1) For the purpose of assisting in the administration of this Act the Minister may from time to time appoint such advisory committees as he thinks fit.

(2) Every such committee shall have such functions as the Minister may from time to time determine.

(3) Subject to any regulations made under this Act, every such committee may regulate its own procedure.”.

Amendment of section 22

4. Section 22 of the principal Act is hereby amended by deleting subsection (1) thereof and substituting therefor the following: —

“(1) An officer of the Bureau, a police officer, an officer of customs, or any special police officer or member of the Vigilante Corps authorised in writing by a police officer not below the rank of Assistant Superintendent of Police, may arrest without a warrant any person who has committed or whom he reasonably suspects to have committed an offence under this Act.”.

Amendment of section 27

5. Section 27 of the principal Act is hereby amended —

(a)

by renumbering the existing section as subsection (1); and

(b)

by inserting immediately thereafter the following subsection: —

“(2) In subsection (1) of this section, “public officer” includes any special police officer or member of the Vigilante Corps exercising any power under section 22.”.

Amendment of section 28

6. Section 28 of the principal Act is hereby amended by deleting subsections (1) and (2) thereof and substituting therefor the following: —

“(1) Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he reasonably suspects any person to have committed an offence under paragraph (b) of section 6, require that person to provide a specimen of his urine for a urine test.

(2) A person who, without reasonable excuse, fails to provide a specimen of his urine within such time as may be required by any of the officers referred to in subsection (1) of this section shall be guilty of an offence.”.

Amendment of section 29

7. Section 29 of the principal Act is hereby amended —

(a)

by deleting the word “The” appearing in the first line of subsection (1) thereof and substituting therefor the expression “Except as provided in subsection (3) of this section, the”; and

(b)

by inserting immediately after subsection (2) thereof the following subsection: —

“(3) If any person convicted of an offence under paragraph (b) of section 6 is again convicted of such an offence during any period when he is subject to supervision pursuant to an order of supervision made against him, he shall be punished with imprisonment for a term of not less than three years; and in this subsection —

(a)	“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, 1972 (Act 7 of 1972); and
(b)	“order of supervision” means an order of supervision made under any regulations made under this Act.”.

Amendment of section 33

8. Section 33 of the principal Act is hereby amended —

(a)

by deleting subsection (2) thereof and substituting therefor the following: —

“(2) If as a result of such examination or observation or as a result of a urine test it appears to the Director of the Central Narcotics Bureau that it is necessary for any person 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 such purpose to an approved institution.

(2A) The Director may, by writing under his hand, delegate to the Deputy Director of the Central Narcotics Bureau the power vested in the Director under subsection (2) of this section, either absolutely or subject to such conditions as he may specify, but no such delegation shall prevent the Director from exercising such power.”;

(b)

by inserting immediately after the word “treatment” wherever it appears in subsections (3) and (4) thereof the words “and rehabilitation”; and

(c)

by inserting immediately after subsection (4) thereof the following subsections: —

“(5) Every person who has been admitted to an approved institution under this section shall be detained in the institution for a period of six months unless he is earlier discharged by the Director or the Review Committee of the institution.

(6) If the Review Committee of an approved institution is of the opinion that an inmate whose period of detention therein is about to expire requires further treatment or rehabilitation or both, the Committee may by order in writing direct that the inmate be detained in the institution for a further period or periods not exceeding six months at any one time:

Provided that no person in respect of whom an order has been made under subsection (2) of this section shall be detained in an approved institution or institutions for a period of more than two years after his admission to any approved institution pursuant to such order.

(7) The provisions of subsections (5) and (6) of this section shall apply to every person who is an inmate of an approved institution at the commencement of the Misuse of Drugs (Amendment) Act, 1977, but any period during which such person has spent in an approved institution before the commencement of that Act shall be taken into account for the purpose of determining whether or not he should be discharged.”.

New sections 33A to 33C

9. The principal Act is hereby amended by inserting immediately after section 33 thereof the following sections: —

“Approved institutions

33A.—(1) The Minister may from time to time, by notification in the Gazette, declare any institution or place to be an approved institution for the purpose of the treatment and rehabilitation of drug addicts and other persons under this Act and may at any time in like manner revoke or amend any such notification.

(2) Every institution which at the commencement of the Misuse of Drugs (Amendment) Act, 1977, is an approved institution shall be deemed to have been so declared by the Minister under this section.

Review Committees for approved institutions

33B.—(1) The Minister shall appoint for any approved institution or institutions a Review Committee which shall have such functions as are conferred upon it by this Act or the regulations made thereunder.

(2) Every such Committee shall consist of a Chairman, who shall be a person registered under the Medical Registration Act (Cap. 218), and five other members.

(3) The Chairman and members of a Review Committee shall be appointed by the Minister for a term not exceeding three years, but may from time to time be re-appointed, or may at any time be removed from office by the Minister, or may at any time resign from their office by writing addressed to the Minister.

(4) Three members of the Committee shall constitute a quorum at any meeting of the Committee.

(5) The Chairman shall preside at every meeting of the Committee at which he is present and in his absence the members present shall elect one of their number to preside at the meeting.

(6) Every question before the Committee shall be determined by a majority of the votes of the members present and voting thereon, and in the event of an equality of votes the Chairman or the member presiding at the meeting shall have a casting vote in addition to his original vote.

(7) Subject to the provisions of this Act and any regulations made thereunder the Committee may determine its own procedure.

(8) Any order of the Committee may be signed by the Chairman or a member of the Committee.

Review, discharge and transfer of inmates

33C.—(1) The Review Committee of an approved institution shall keep the case of every inmate under review and shall as often as practicable consider whether he should be discharged.

(2) The Director of the Central Narcotics Bureau or the Review Committee of an approved institution may at any time by order in writing —

(a)	discharge any inmate; or
(b)	transfer any inmate from one approved institution to another approved institution.

(3) The Superintendent of an approved institution may, with the concurrence of the Director or the Review Committee of the approved institution, transfer any inmate to another approved institution.”.

Amendment of section 34

10. Subsection (1) of section 34 of the principal Act is hereby amended —

(a)

by inserting immediately after paragraph (l) thereof the following paragraphs: —

“(m)	providing for the management, maintenance and inspection of approved institutions;
(n)	prescribing the functions and procedure of Review Committees;
(o)	providing for the control, discipline and occupation of inmates;
(p)	prescribing the appointment and duties of officers of approved institutions;
(q)	providing for the supervision and aftercare of persons who have undergone treatment and rehabilitation at approved or other institutions or who have been convicted of an offence under paragraph (b) of section 6;”;

(b)

by re-lettering the existing paragraphs (m) and (n) thereof as paragraphs (r) and (s); and

(c)

by inserting immediately after subsection (2) thereof the following subsection: —

“(3) The Misuse of Drugs (Approved Institutions and Treatment and Rehabilitation) Regulations, 1976, in force at the commencement of the Misuse of Drugs (Amendment) Act, 1977 (G.N. Nos. S 168/76 S 202/77), shall be deemed to have been made under this section as amended by that Act. ”.

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