11. Section 57 of the Immigration Act is amended —(a) | by inserting, immediately after the word "Singapore" in paragraph (a\) of subsection (1), the words "in contravention of any provision of this Act, other than section 6(1), or the regulations"; | (b) | by inserting, immediately after paragraph (a\) of subsection (1), the following paragraph:“(aa) | abets any person to enter Singapore in contravention of the provisions of this Act or the regulations;”; |
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| (c) | by deleting the words "enter or" in paragraph (b\) of subsection (1); | (d) | by deleting sub-paragraph (i) of subsection (1) and substituting the following sub-paragraphs:“(i) | in the case of an offence under paragraph (a), shall be punished with imprisonment for a term not exceeding 2 years and shall also be liable to a fine not exceeding $4,000; | (ia) | in the case of an offence under paragraph (aa), shall be punished with imprisonment for a term of not less than 6 months and not more than 2 years, and —(A) | where the offence is abetted within the meaning of section 107(b) or (c) of the Penal Code (Cap.224) and the offence abetted is punishable with caning, shall also, subject to section 231 of the Criminal Procedure Code (Cap.68), be punished with canning with not less than 3 strokes; or | (B) | in any other case, shall also be liable to a fine not exceeding $6,000;”; |
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| (e) | by inserting, immediately after subsection (1A), the following subsection:“(1B) Where, by virtue of section 231 of the Criminal Procedure Code (Cap.68), the defendant referred to in subsection (1A) is not punishable with caning, he shall, in lieu of caning, be punished with a fine not exceeding $10,000.”; |
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| (f) | by deleting "$50,000" and "$100,000" in subsection (2A) and substituting "$100,000" and "$200,000", respectively; and | (g) | by deleting subsection (10) and substituting the following subsection:“(10) For the purposes of subsection (9) —(a) | a defendant who is charged with an offence under subsection (1)(d) shall not be deemed to have exercised due diligence unless the defendant —(i) | requires the person harboured by him to produce for his inspection the original copy of the pass or permit or, where the pass or permit is endorsed on the passport or travel document, that person’s passport or other travel document; | (ii) | checks the pass or permit to ascertain that the particulars on the passport of the person harboured by him materially correspond with the particulars set out in the pass or permit; and | (iii) | where the name of the employer of the person harboured by him is specified in the pass or permit, checks with the employer to verify that the person is employed by the employer and that the particulars of that person correspond with the records of the employer; |
| (b) | a defendant who is charged with an offence under subsection (1)(e) shall not be deemed to have exercised due diligence unless the defendant —(i) | requires the person employed by him to produce for his inspection the original copy of the pass or permit or, where the pass or permit is endorsed on the passport or travel document, that person’s passport or other travel document; | (ii) | checks the pass or permit to ascertain that the particulars on the passport of the person employed by him materially correspond with the particulars set out in the pass or permit; and | (iii) | where the person employed by him is a holder of a visit pass, has reasonable grounds for believing that the 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.”. |
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