REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 3]Friday, January 12 [1990

The following Act was passed by Parliament on 30th November 1989 and assented to by the President on 27th December 1989:—
Misuse Of Drugs (Amendment) Act 1989

(No. 38 of 1989)


I assent.

WEE KIM WEE
President.
27th December 1989.
Date of Commencement: 15th February 1990
An Act to amend the Misuse of Drugs Act (Chapter 185 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 Misuse of Drugs (Amendment) Act 1989 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Repeal and re-enactment of section 17
2.  Section 17 of the Misuse of Drugs Act (referred to in this Act as the principal Act) is repealed and the following section substituted therefor:
Presumption concerning trafficking
17.  Any person who is proved to have had in his possession more than —
(a)100 grammes of opium;
(b)3 grammes of morphine;
(c)2 grammes of diamorphine;
(d)15 grammes of cannabis;
(e)10 grammes of cannabis resin; or
(f)3 grammes of cocaine,
whether or not contained in any substance, extract, preparation or mixture shall, until the contrary is proved, be presumed to traffic in that controlled drug.”.
Amendment of section 22
3.  Section 22 of the principal Act is amended by deleting the words “a urine test” and substituting the words “both urine tests conducted under section 31”.
Amendment of section 31
4.  Section 31 of the principal Act is amended —
(a)by deleting the words “a urine test” in subsection (1) and substituting the words “urine tests to be conducted under this section”;
(b)by deleting the words “a urine test” in subsection (3)(b) and substituting the words “urine tests conducted under this section”; and
(c)by deleting subsections (4) and (5) and substituting the following subsections:
(4)  A specimen of urine provided under this section shall be divided into two parts and each part shall be marked and sealed in such manner and in accordance with such procedure as may be prescribed.
(5)  A urine test shall be conducted by a Government chemist on one part of a specimen of urine provided under this section and, at the same time or soon thereafter, a second urine test shall be conducted on the other part of the specimen of urine by another Government chemist.”.
Amendment of section 33
5.  Section 33 of the principal Act is amended by deleting subsection (3) and substituting the following subsection:
(3)  If any person convicted of an offence under section 8(b) is again convicted of such an offence, he shall be punished with imprisonment for a term of not less than 3 years; and in this subsection, “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 (Cap. 295).”.
Amendment of section 37
6.  Section 37 of the principal Act is amended —
(a)by deleting the marginal note and substituting the following marginal note:
Supervision, treatment and rehabilitation of drug addicts.”; and
(b)by deleting subsection (2) and substituting the following subsection:
(2)  If as a result of such medical examination or observation under subsection (1) or both the urine tests conducted under section 31 it appears to the Director of the Central Narcotics Bureau that it is necessary for any person examined or observed, or who supplied the urine specimen for the urine tests —
(a)to be subject to supervision, the Director may make a supervision order requiring that person to be subject to the supervision of an officer of the Bureau for a period not exceeding two years; or
(b)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 that purpose to an approved institution.”.
New section 38A
7.  The principal Act is amended by inserting, immediately after section 38, the following section:
Administration of approved institutions
38A.  Subject to the directions of the Minister, approved institutions shall be under the general charge and administration of the Director of Prisons appointed under section 8 of the Prisons Act (Cap. 247).”.
Amendment of section 39
8.  Section 39 (2) of the principal Act is amended by deleting the words “5 other members” and substituting the words “such other members, not being less than 3, as the Minister may determine”.
Amendment of section 43
9.  Section 43 (1) of the principal Act is amended —
(a)by inserting, immediately after the word “discipline” in paragraph (o), the words “(including the imposition of corporal punishment)”; and
(b)by inserting, immediately after the word “persons” in paragraph (q), the words “referred to in section 37(2)(a), or”.
Repeal and re-enactment of Second Schedule
10.  The Second Schedule to the principal Act is repealed and the following Schedule substituted therefor:
SECOND SCHEDULE
Section 33.
Offences Punishable on Conviction
Section creating offence
General nature of offence
Punishment
Class A drug involved
Class B drug involved
Class C drug involved
Specified drug or quantity thereof or drug with specified content involved
General
5
Unauthorised traffic in controlled drug except as otherwise provided in this Schedule
Maximum 20 years and 15 strokes
Maximum 20 years and 10 strokes
Maximum 10 years and 5 strokes
 
Minimum 5 years and 5 strokes
Minimum 3 years and 3 strokes
Minimum 2 years and 2 strokes
Unauthorised traffic in opium where the quantity is —
 
 
 
 
 
(a) not less than 800 grammes and not more than 1200 grammes
Maximum 30 years and 15 strokes
Minimum 20 years and 15 strokes
(b) more than 1200 grammes
Death
Unauthorised traffic in controlled drug (except opium) containing such quantity of morphine being —
 
 
 
 
 
(a) not less than 20 grammes and not more than 30 grammes
Maximum 30 years and 15 strokes
 
 
 
 
Minimum 20 years and 15 strokes
(b) more than 30 grammes
Death
 
Unauthorised traffic in controlled drug containing such quantity of diamorphine being —
 
 
 
 
 
 
(a) not less than 10 grammes and not more than 15 grammes
Maximum 30 years and 15 strokes
 
Minimum 20 years and 15 strokes
 
(b) more than 15 grammes
Death
 
Unauthorised traffic in cocaine where the quantity is —
 
 
 
 
 
 
(a) not less than 20 grammes and not more than 30 grammes
Maximum 30 years and 15 strokes
 
Minimum 20 years and 15 strokes
 
(b) more than 30 grammes
Death
 
Unauthorised traffic in cannabis where the quantity is —
 
 
 
 
 
 
(a) not less than 330 grammes and not more than 500 grammes
Maximum 30 years and 15 strokes
 
Minimum 20 years and 15 strokes
 
(b) more than 500 grammes
Death
 
Unauthorised traffic in controlled where the quantity is —
 
 
 
 
 
(a) not less than 130 grammes and not more than 200 grammes
Maximum 30 years and 15 strokes
 
 
 
 
Minimum 20 years and 15 strokes
 
(b) more than 200 grammes
Death
6
Unauthorised manufacture of controlled drug except as otherwise provided in this Schedule
Maximum 30 years and 15 strokes
Maximum 30 years and 15 strokes
Maximum 20 years and 15 strokes
 
 
Minimum 10 years and 5 strokes
Minimum 10 years and 5 strokes
Minimum 5 years and 5 strokes
 
Unauthorised manufacture of morphine, or any salt of morphine, ester of morphine or salt of ester of morphine
Death
 
Unauthorised manufacture of diamorphine or any salt of diamorphinw
Death
 
Unauthorised manufacture of cocaine or any salt of cocaine
Death
7
Unauthorised import or export of controlled drug except as otherwise provided in this Schedule
Maximum 30 years and 15 strokes
Maximum 30 years and 15 strokes
Maximum 20 years and 15 strokes
 
Minimum 5 years and 5 strokes
Minimum 5 years and 5 strokes
Minimum 3 years and 5 strokes
Unauthorised import or export of opium where the quantity is —
 
 
 
 
 
(a) not less than 800 grammes and not more than 1200 grammes
Maximum 30 years and 15 strokes
 
 
 
 
Minimum 20 years and 15 strokes
(b) more than 1200 grammes
Death
Unauthorised import or export of controlled drug (except opium) containing such quantity of morphine being —
 
 
 
 
 
(a) not less than 20 grammes and not more than 30 grammes
Maximum 30 years and 15 strokes
 
 
 
 
Minimum 20 years and 15 strokes
(b) more than 30 grammes
Death
 
Unauthorised import or export of controlled drug containing such quantity of diamorphine being —
 
 
 
 
 
(a) not less than 10 grammes and not more than 15 grammes
Maximum 30 years and 15 strokes
 
 
 
 
Minimum 20 years and 15 strokes
(b) more than 15 grammes
Death
Unauthorised import or export of controlled drug containing such quantity of cocaine being —
 
 
 
 
 
(a) not less than 20 grammes and not more than 30 grammes
Maximum 30 years and 15 strokes
 
 
 
 
Minimum 20 years and 15 strokes
(b) more than 30 grammes
Death
 
Unauthorised import or export of cannabis where the quantity is —
 
 
 
 
 
 
(a) not less than 330 grammes and not more than 500 grammes
Maximum 30 years and 15 strokes
 
 
 
 
 
Minimum 20 years and 15 strokes
 
(b) more than 500 grammes
Death
 
Unauthorised import or export of cannabis resin where the quantity is —
 
 
 
 
 
 
(a) not less than 130 grammes and not more than 200 grammes
Maximum 30 years and 15 strokes
 
 
 
 
 
Minimum 20 years and 15 strokes
 
(b) more than 200 grammes
Death
8 (a)
Unauthorised possession of a controlled drug
Maximum 10 years or $20,000 or both
 
 
 
 
 
 
Minimum for second or subsequent offence 2 years
8 (b)
Smoking, self-administering or consuming a controlled drug
Maximum 10 years or $20,000 or both
9
Possession of pipes, utensils, etc., for smoking, administration or consumption of a controlled drug
Maximum 3 years or $10,000 or both
10
Cultivation of cannabis, opium, coca plant
Maximum 20 years or $40,000 or both
 
 
 
 
 
 
Minimum 3 years or $5,000 or both
11
Being the owner, tenant, occupier or person concerned in the management of premises and permitting or suffering certain activities to take place there
Maximum 10 years or $40,000 or both
Maximum 10 years or $40,000 or both
Maximum 5 years or $10,000 or both
 
 
Minimum 2 years or $4,000 or both
Minimum 2 years or $4,000 or both
Minimum 1 year or $2,000 or both
13
Abetting or procuring the commission outside Singapore of an offence punishable under a corresponding law
Maximum 10 years or $40,000 or both
 
 
 
 
 
 
Minimum 2 years or $4,000 or both
30 (1) (a)
Obstructing exercise of powers
Maximum 3 years or $5,000 or both
 
 
 
 
 
 
Minimum 6 months or $1,000 or both
30 (1) (b)
Failure to comply with lawful requirements
Maximum 3 years or $5,000 or both
 
 
 
 
 
 
Minimum 6 months or $1,000 or both
30 (1) (c)
Failure to furnish information
Maximum 3 years or $5,000 or both
 
 
 
 
 
 
Minimum 6 months or $1,000 or both
30 (1) (d)
Furnishing false information
Maximum 1 year or $5,000 or both
31 (2)
Failure to provide specimen of urine for urine test
Maximum $5,000”.