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Immigration (Amendment) Bill

Bill No. 32/1993

Read the first time on 12th October 1993.

An Act to amend the Immigration Act (Chapter 133 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 Immigration (Amendment) Act 1993 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 Immigration Act is amended —

(a)

by deleting the definitions of “authorised airport”, “authorised landing place”, “authorised point of entry”, “authorised departing place” and “authorised point of departure” and substituting the following definitions:

“ “authorised airport”, “authorised landing place”, “authorised train checkpoint”, “authorised point of entry”, “authorised departing place” and “authorised point of departure” mean, respectively, an airport, a landing place, a train checkpoint, a point of entry, a departing place or a point of departure declared as such under section 5;”;

(b)

by deleting the definition of “crew” and substituting the following definition:

“ “crew” includes every seaman on a vessel, and every person employed in the operation of an aircraft or a train or in any service rendered to the crew or passengers of an aircraft in flight or a train in motion;”;

(c)

by deleting paragraph (c) of the definition of “entry” and substituting the following paragraph:

“(c)

in the case of a person entering by land and proceeding to an immigration control under section 26 or an authorised train checkpoint under section 25A, leaving the precincts of such post or authorised train checkpoint for any purpose other than that of departing from Singapore by an approved route; and”;

(d)

by deleting the definition of “master” and substituting the following definition:

“ “master” —

(a)	in relation to a vessel, means any person (except a pilot or harbour master) having for the time being control or charge thereof;
(b)	in relation to an aircraft, means the captain thereof; and
(c)	in relation to a train, means the driver of the train or any person having for the time being control or charge thereof;”; and

(e)

by deleting the words “vessel or aircraft” wherever they appear in the definitions of “passenger”, “stowaway” and “through passenger” and substituting in each case the words “vessel, aircraft or train”.

Amendment of section 5

3. Section 5 of the Immigration Act is amended —

(a)	by inserting, immediately after the word “airports” in the third line of subsection (1), the words “, train checkpoints”;
(b)	by inserting, immediately after the words “authorised airports” in the sixth line of subsection (1), the words “, authorised train checkpoints”;
(c)	by inserting, immediately after the word “airport” in the last line of subsection (1), the words “, train checkpoint”;
(d)	by inserting, immediately after the word “departure” in the fourth line of subsection (2), the words “, authorised train checkpoints”; and
(e)	by deleting the words “or place of departure” at the end of subsection (2) and substituting the words “, train checkpoint or departing place”.

Amendment of section 8

4. Section 8(3) of the Immigration Act is amended by deleting the words “deemed by the Minister to be reliable,” in paragraph (k).

Amendment of section 10

5. Section 10 of the Immigration Act is amended by deleting subsection (3) and substituting the following subsections:

“(3) The Controller may, in issuing an entry permit under subsection (2), impose any condition as he thinks fit and may at any time vary any condition subject to which the entry permit is issued or impose any additional condition thereto.

(4) Before varying any condition or imposing any additional condition on an entry permit, the Controller shall notify the holder of the entry permit of his intention to do so and shall give the holder an opportunity to be heard as to why the condition of his entry permit should not be varied or the additional condition should not be imposed.

(5) Any person who is aggrieved by the decision of the Controller under this section may, within 30 days of being notified of the decision of the Controller, appeal by petition in writing to the Minister whose decision shall be final.”.

Amendment of section 14

6. Section 14(2) of the Immigration Act is amended by deleting the words “or 26” in the fourth line and substituting the words “, 25A or 26”.

New section 18A

7. The Immigration Act is amended by inserting, immediately after section 18, the following section:

“Train arriving in or leaving Singapore

18A.—(1) The master of every train which arrives in or leaves Singapore shall stop his train at, or drive his train away from, an authorised train checkpoint.

(2) The master of any train who, without reasonable cause, contravenes or fails to comply with subsection (1) shall be guilty of an offence.”.

Amendment of section 22

8. Section 22 of the Immigration Act is amended —

(a)

by inserting, immediately after the word “master” in the first lines of subsections (1), (2) and (3), the words “, owner, agent or charterer”;

(b)

by deleting the words “, whenever required to do so by an immigration officer” in subsection (1);

(c)

by inserting, immediately after the word “shall” in subsection (3), the word “each”;

(d)

by deleting subsection (4) and substituting the following subsection:

“(4) If any person whose presence has not been reported under subsection (1)(f) is found on board a vessel, the master, owner, agent and charterer of the vessel shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not exceeding $10,000 in respect of each such person.”; and

(e)

by inserting, immediately after the word “masters” in the marginal note, the word “, etc.,”.

Amendment of section 23

9. Section 23 of the Immigration Act is amended —

(a)

by deleting the words “whenever required to do so by an immigration officer” in subsection (1);

(b)

by inserting, immediately after the word “captain” in the first lines of subsections (1) and (2), the words “, owner, agent or charterer”;

(c)

by inserting, immediately after the word “shall” in subsection (2), the word “each”;

(d)

by deleting subsection (3) and substituting the following subsection:

“(3) If any person whose presence has not been reported under subsection (1)(f) is found on board an aircraft, the captain, owner, agent and charterer of the aircraft shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not exceeding $10,000 in respect of each such person.”; and

(e)

by inserting, immediately after the word “captain” in the marginal note, the word “, etc.,”.

New section 23A

10. The Immigration Act is amended by inserting, immediately after section 23, the following section:

“Production of lists and persons by master, etc., of train

23A.—(1) The master, owner, agent or charterer of every train arriving in or leaving Singapore shall whenever required to do so by an immigration officer —

(a)	furnish to that officer a complete list of the members of the crew in such form and containing such particulars as may be prescribed;
(b)	produce to that officer for inspection and interrogation all the members of the crew;
(c)	submit to such search of his train as may be necessary to establish the presence or absence of other persons on board; and
(d)	report the presence on board of any stowaway or any unauthorised person or any person proceeding to any state or country on his removal from any other state or country by the competent authorities of that state or country.

(2) In the case of a train carrying passengers, the master shall, in addition —

(a)	furnish a complete list of all passengers in such form and containing such particulars as may be prescribed;
(b)	furnish in relation to every passenger disembarking in or embarking from Singapore such particulars in such form as may be prescribed; and
(c)	produce all passengers for inspection and interrogation.

(3) The master, owner, agent or charterer of any train who contravenes or fails to comply with subsection (1) or (2), and any person who hinders or obstructs any search of a train under subsection (1)(c), shall each be guilty of an offence.

(4) If any person whose presence has not been reported under subsection (1)(d) is found on board the train, the master, owner, agent and charterer of the train shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not exceeding $10,000 in respect of each such person.

(5) In any proceedings under this section, the certificate in writing of an immigration officer who boarded or examined any particular train to the effect that the train on arrival in Singapore carried a total number of crew corresponding in description to the particulars on the list furnished under subsection (1)(a) shall be conclusive proof that the train did on arrival carry that number of crew.”.

New section 25A

11. The Immigration Act is amended by inserting, immediately after section 25, the following section:

“Examination of persons arriving by train

25A.—(1) Every person arriving by train at any authorised train checkpoint in Singapore shall appear before an immigration officer at such time and place as that officer may direct, and that officer, after such examination as he may consider necessary, shall inform any person whom he considers to be prohibited from entering Singapore under the provisions of this Act or any regulations or orders made thereunder of his finding, and the person shall not leave the precincts of the checkpoint except for a place approved by that officer, and shall leave and depart from Singapore by the first available means in accordance with the instructions of that officer. The master, owner, agent or charterer of the train in which the person arrived shall, if so required by that officer, remove the person from Singapore by the same train.

(2) Any person who —

(a)	refuses or neglects to appear before an immigration officer as required by subsection (1) or who leaves the place of examination without, or otherwise than in accordance with, the authorisation of that officer;
(b)	after being informed by an immigration officer that he is prohibited from entering Singapore, leaves the precincts of the checkpoint without the permission of that officer, or refuses or neglects to proceed to or remain at a place approved by that officer;
(c)	refuses or fails to leave Singapore in accordance with the instruction of an immigration officer given under subsection (1); or
(d)	being the master, owner, agent or charterer of the train in which any person arrived in Singapore, refuses or neglects to remove the person from Singapore after being informed by an immigration officer that the person is prohibited from entering Singapore or that the person has refused or neglected to appear before an immigration officer as required by subsection (1) or that he has left the place of examination without, or otherwise than in accordance with, the authorisation of an immigration officer,

shall each be guilty of an offence.

(3) Where any person leaves the precincts of an authorised train checkpoint in contravention of this section or refuses to leave and depart from Singapore in accordance with the instructions of an immigration officer given under subsection (1), the immigration officer may take such steps, including the use of force, as may be reasonably necessary to compel that person to return to the precincts of the checkpoint or to comply with those instructions, as the case may be.”.

Amendment of section 31

12. Section 31 of the Immigration Act is amended —

(a)

by deleting the words “until an opportunity arises to return him” in the seventh line and substituting the words “and that person shall be liable to be removed from Singapore”;

(b)

by inserting, immediately after the word “citizenship” in the last line, the words “or to any other port or place designated by the Controller”; and

(c)

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:

“(2) For the purposes of this Part, any reference to a person who has arrived in Singapore includes a reference to a person who has arrived but has not yet entered Singapore.”.

New section 31A

13. The Immigration Act is amended by inserting, immediately after section 31, the following section:

“Power of Controller to remove prohibited immigrants

31A.—(1) The Controller may, at any time, by order in writing, direct any person mentioned in subsection (2) to remove, within such period as may be specified in the order, a prohibited immigrant who has arrived in Singapore.

(2) An order under subsection (1) shall be made against and served on —

(a)	the master of the vessel, aircraft or train which first brought the prohibited immigrant to Singapore; or
(b)	the master of any other vessel, aircraft or train belonging to the same owner or chartered by the same charterer of the vessel, aircraft or train mentioned in paragraph (a).

(3) The Controller may take such action or use such force as may be necessary to ensure that an order under this section is complied with.

(4) Without prejudice to the generality of subsection (3), the Controller may, by order in writing, direct the person against whom an order under this section is made, not to move his vessel, aircraft or train unless the prohibited immigrant named in that order is on board the vessel, aircraft or train.”.

Amendment of section 33

14. Section 33 of the Immigration Act is amended by inserting, immediately after subsection (2), the following subsections:

“(3) An appeal under subsection (2) shall not operate as a stay of execution of any order of removal under subsection (1).

(4) Where an order of removal under subsection (1) has been made in respect of any person, any permit, certificate or pass to enter or remain in Singapore issued to him under this Act or the regulations shall cease to be valid.

(5) Nothing in this Part or the regulations shall require the Minister, the Controller or any other public servant to disclose any fact, produce any document or assign any reason for the making of any removal order under this Part which he considers it to be against the public interest to do so.”.

New section 39A

15. The Immigration Act is amended by inserting, immediately after section 39, the following section:

“Exclusion of judicial review

39A.—(1) There shall be no judicial review in any court of any act done or decision made by the Minister or the Controller under any provision of this Act except in regard to any question relating to compliance with any procedural requirement of this Act or the regulations governing that act or decision.

(2) In this section, “judicial review” includes proceedings instituted by way of —

(a)	an application for any of the prerogative orders of mandamus, prohibition and certiorari;
(b)	an application for a declaration or an injunction;
(c)	any writ of habeas corpus; or
(d)	any other suit or action relating to or arising out of any decision made or act done in pursuance of any power conferred upon the Minister or Controller by any provision of this Act.”.

Amendment of section 43

16. Section 43(1) of the Immigration Act is amended by deleting the words “, whether by deposit or otherwise,” in the first and second lines.

Amendment of section 46

17. Section 46 of the Immigration Act is amended by deleting the words “or 25” in the seventh line and substituting the words “, 25 or 25A”.

Amendment of section 47

18. Section 47(1) of the Immigration Act is amended —

(a)	by inserting, immediately after the word “embarked” in the tenth line, the words “for Singapore or to any other port or place designated by the Controller”; and
(b)	by deleting the words “voyage or flight” in the twelfth line and substituting the words “voyage, flight or journey”.

Amendment of section 48

19. Section 48 of the Immigration Act is amended —

(a)

by inserting, immediately after the word “costs” in the fourth line of subsection (3) and in the second line of subsection (4), the word “, expenses”;

(b)

by inserting, immediately after the word “sold” at the end of subsection (4), the words “free of all encumbrances”; and

(c)

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

“(5) The proceeds of sale of a vessel under this section shall, notwithstanding any rule of law relating to priority of claims, be applied first in payment of any fine, costs, expenses or charges incurred under this Act and of any costs incurred in and about the sale and the proceedings leading thereto, and the balance shall be paid to the owner of the vessel or other person lawfully entitled to the proceeds thereof.

(6) Section 3(1)(r) of the High Court (Admiralty Jurisdiction) Act [Cap. 123] shall be construed as extending to any claim in respect of a liability incurred by the owner of a ship under this Act.”.

Amendment of section 51

20. Section 51(1) of the Immigration Act is amended by inserting, immediately after the word “vehicle,” in paragraph (b), the word “train,”.

Amendment of section 57

21. Section 57 of the Immigration Act is amended —

(a)

by deleting the word “or” at the end of paragraph (k) of subsection (1);

(b)

by deleting the comma at the end of paragraph (l) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(m)	fails to comply with any order made under section 31A(1) or (4),”;

(c)

by deleting the word “and” at the end of sub-paragraph (iii) of subsection (1),

(d)

by deleting the full-stop at the end of sub-paragraph (iv) of subsection (1) and substituting the word “; and”, and by inserting immediately thereafter the following sub-paragraph:

“(v)	in the case of an offence under paragraph (m) shall be liable on conviction to a fine of not less than $5,000 and not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”; and

(e)

by inserting, immediately after subsection (8), the following subsections:

“(9) In any proceedings for an offence under subsection (1)(d) or (e), it shall not be a defence for the defendant to prove that the person harboured or employed by him was in possession of a pass or permit issued to the person under this Act or the regulations unless the defendant further proves that he had exercised due diligence to ascertain that the pass or permit was at the material time valid under this Act or the regulations.

(10) For the purposes of subsection (9), a defendant shall not be deemed to have exercised due diligence unless he had personally checked the passport or other travel document of the person whom he had harboured or employed and had reasonable ground to believe that —

(a)	the person harboured or employed by him had, at the material time, in force a pass or permit issued under this Act or the regulations; and
(b)	where such person is the holder of a visit pass, that person had, at the material time, in force a work permit issued under the Employment of Foreign Workers Act [Cap. 91A] or had obtained the written consent of the Controller to work in Singapore.”.

Miscellaneous amendments

22. The Immigration Act is amended —

(a)

by inserting, immediately after the word “master” wherever it appears in the following provisions, the words “, owner, agent or charterer”:

Section 24(1) (11th and 13th lines), (2) (c), (3) and (4);

(b)

by inserting, immediately after the word “captain” wherever it appears in the following provisions, the words “, owner, agent or charterer”:

Section 25(1) (12th line) and (2)(d);

(c)

by deleting the words “that officer” wherever they appear in the following provisions and substituting in each case the words “an immigration officer”:

Sections 22(1)(a) and 23(1)(a);

(d)

by inserting, immediately after the word “shall” in the last line of the following provisions, the word “each”:

Sections 24(2) and 25(2);

(e)

by deleting the words “, if required by an immigration officer to do so, appear before that officer” wherever they appear in the following provisions and substituting in each case the words “appear before an immigration officer”:

Sections 24(1) (1st, 2nd and 3rd lines) and 25(1) (2nd and 3rd lines); and

(f)

by deleting the words “vessel or aircraft” wherever they appear in the following provisions and substituting in each case the words “vessel, aircraft or train”:

Sections 34(2), 41(3), 42, 43(1) and (2), 44(1), 46, 47, 51(1) and 57(1)(c) and (6).