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Immigration (Amendment) Bill

Bill No. 30/1984

Read the first time on 19th October 1984.

An Act to amend the Immigration Act (Chapter 81 of the Revised Edition).

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

Short title

1. This Act may be cited as the Immigration (Amendment) Act 1984.

Amendment of section 6

2. Section 6(3) of the Immigration Act is deleted and the following subsection substituted therefor:

“(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and —

(a)	in the case of an offence under subsection (1) shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000;
(b)	in the case of an offence under subsection (2) shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding $4,000 or to both.”.

Amendment of section 9

3. Section 9(4) of the Immigration Act is deleted and the following subsections substituted therefor:

“(4) Any person who enters or re-enters or remains in Singapore in contravention of any order made under subsection (1) shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 4 years and shall also be liable to a fine not exceeding $6,000.

(5) Where a person, who has been previously convicted of any offence which is punishable with imprisonment for a term of not less than 3 years, commits an offence under subsection (4) by the use of a passport or other travel document which bears a name different from that stated in the order made against him under subsection (1), he shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 5 years and shall also be liable to a fine not exceeding $10,000 and to caning.”.

Amendment of section 15

4. Section 15(3) of the Immigration Act is deleted and the following subsection substituted therefor:

“(3) Any person who without reasonable cause contravenes this section shall be guilty of an offence and —

(a)	in the case where he remains unlawfully for a period not exceeding 90 days shall be liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $4,000 or to both;
(b)	in the case where he remains unlawfully for a period exceeding 90 days shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000.”.

Repeal and re-enactment of section 36

5. Section 36 of the Immigration Act is repealed and the following section substituted therefor:

“Unlawful return after removal

36. Any person who, having been removed or otherwise lawfully sent out of Singapore, enters or resides in Singapore without the permission in writing of the Controller shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than one year and not more than 3 years and shall also be liable to a fine not exceeding $6,000, and shall in addition be liable to be removed from Singapore.”.

Amendment of section 56

6. Section 56 of the Immigration Act is amended —

(a)

by deleting the words “enters unlawfully or” in subsection (1)(a);

(b)

by deleting subsection (1)(i), (ii) and (iii) and substituting the following paragraphs:

“(i)	in the case of an offence under paragraph (a) shall be punished with imprisonment for a term of not less than 3 months and not more than 2 years and shall also be liable to a fine not exceeding $4,000;
(ii)	in the case of an offence under paragraph (b), (d) or (e) shall be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000;
(iii)	in the case of an offence under paragraph (c) shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and shall also be liable to a fine not exceeding $10,000 and to caning; and
(iv)	in the case of an offence under paragraph (f), (g), (h), (i), (j), (k) or (l) shall be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $2,000 or to both.”;

(c)

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

“(1A) Where a body corporate is guilty of an offence under subsection (1)(e) and that offence is proved to have been committed with the authority, consent or connivance of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”; and

(d)

by inserting, immediately after subsection (5), the following subsection:

“(6) Where in any proceedings for an offence under subsection (1)(d) it is proved that the defendant has given shelter to any person who has remained in Singapore unlawfully for a period exceeding 90 days after the expiration of any pass issued to him or who has entered Singapore in contravention of section 5(1) or 6(1), it shall be presumed, until the contrary is proved, that the defendant has harboured him knowing him to be a person who has acted in contravention of the provisions of this Act or of the regulations.”.

Amendment of section 57A

7. Section 57A of the Immigration Act is amended by deleting the words “one hundred dollars” and substituting “$500”.