TERRORISM (SUPPRESSION OF BOMBINGS) BILL

TERRORISM (SUPPRESSION OF BOMBINGS) BILL: Order for Second Reading read.

6.15 pm

The Deputy Prime Minister and Minister for Home Affairs (Mr Wong Kan Seng): Mr Deputy Speaker, Sir, just let me say that I was not impatient with my SMS. Probably, he did not understand why Mr Low Thia Khiang and I were nodding at each other. He saw Mr Low Thia Khiang's face but not mine. We were just acknowledging that indeed the Workers' Party did make submissions to MHA regarding the Penal Code amendments. That is why I appreciated that.

Mr Deputy Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Introduction

To prevent and counter terrorist activities that had spread beyond the immediate boundaries of countries or regions, the international community developed a number of universal legal instruments to combat this threat. To date, there are 13 international conventions which are drafted within the framework of the United Nations system to deal with the internationalised nature of terrorism.

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One such instrument is the International Convention for the Suppression of Terrorist Bombings. This Convention expands the legal framework for international cooperation in the investigation, prosecution and extradition of people who engage in acts of terrorist bombings by establishing a system of universal jurisdiction to punish this crime. This is especially important given the transnational nature and reach of the terrorist today. Terrorism threatens the peace and security of nations and no single country, government or agency can fight terrorism alone. Being a Party to the Convention will provide Singapore with another effective means to deal with the multi-faceted and ever evolving terrorist threats and facilitate international cooperation to fight this global challenge.

Sir, the Convention requires States to punish perpetrators by introducing appropriate national legislation to criminalise terrorist bombing offences. The Terrorism (Suppression of Bombings) Bill allows Singapore to implement the Convention. We will establish extra-territorial jurisdiction over terrorist bombing offences and make these punishable with appropriate penalties.

We will ensure that these offenders do not escape punishment by either extraditing or prosecuting persons accused of committing or aiding in the commission of terrorist bombings. The Bill also permits Singapore to afford assistance to other States in connection with criminal proceedings brought under the Convention.

Sir, I will now touch on the key provisions in this Bill.

( A) Terrorist bombing offences

Bombings remain terrorists' preferred mode of attack and continue to make up

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the largest incidence of terrorist attacks today. Hardly a week now passes without a report of a terrorist bombing or attempt occurring in some parts of the world.

Clause 3 of the Bill makes it an offence to deliver, plant and set off an explosive or other lethal devices to cause death, serious bodily injury or extensive destruction, targeting places of public use, State or government facilities, our public transportation system or any other infrastructure facility.

Insurgents are also using chemicals such as chlorine gas to increase the lethality of their bombing attacks in places like Iraq. To address this emerging threat of chemical, biological and radioactive attacks, clause 2 of the Bill has expressly defined explosives and lethal weapons to include those that make use of chemicals, biological agents or toxins or radioactive materials.

(B) Punishment

Sir, terrorist bombings destroy lives and our livelihood. It creates a climate of fear and deprives people of the right to live the life they have worked so hard for. Bombings are criminal acts and the penalties to be meted out under the new Terrorism (Suppression of Bombings) Bill have taken the grave nature of these offences into account.

Upon conviction, an offender will be punished with the death penalty if he had intended to cause death or serious bodily injury and if death is caused. The punishment of life imprisonment applies in other cases. These severe penalties are aimed as a deterrent against terrorist bombings and to constrain the operating terrain of terrorists.

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( C) Withholding information

Sir, given the devastating consequences that would arise from a bombing, everyone must play their part. Having prior information of terrorist plans enables the Government to act before these mature into actual terrorist operations. This is crucial as it can save lives. Hence, clause 4 of the Bill requires anyone who has information that can prevent a terrorist bombing, or which is useful to arrest, prosecute or convict the terrorist for bombing offences, to come forward and provide the information to the authorities.

There are adequate safeguards for a person who provides the information in good faith. He will be protected against any civil or criminal proceedings. Conversely, failure to disclose such information renders a person liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years or both.

(D) Extra-territorial jurisdiction

Sir, clause 7 of the Bill provides for extra-territorial jurisdiction over bombing offences. Any person outside Singapore who commits an act or omission which constitutes a terrorist bombing offence, if carried out in Singapore, is deemed to have committed the act or omission here.

If taken into custody in Singapore, the person will be charged, tried and punished accordingly. Having this provision gives Singapore the ability and flexibility to prosecute any offender found in our territory if it is not possible or desirable to extradite him. It will also ensure that the perpetrators do not escape punishment regardless of who they are and where the offences were committed.

(E) Extradition and mutual legal assistance

Sir, the Convention requires Singapore to include terrorist bombing

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offences as extraditable offences. Clause 6 of the Bill provide for terrorist bombing offences to be deemed included in the list of extraditable offences under the First Schedule of the Extradition Act. This is to facilitate any extradition request made by countries who are parties to the Convention.

The Bill also provides that the Minister of Law can issue a notification under section 4 of the Extradition Act to apply the Act when a request is received from a state which is a party to the Convention, but has no extradition treaty with Singapore or if the existing extradition treaty does not provide for the extradition of persons accused or convicted of terrorist bombing offences.

To facilitate mutual legal assistance between state parties to the Convention, clause 5 of the Bill provides that a foreign terrorist bombing offence shall not be deemed to be an offence of a political nature. This also applies to an extradition request. This is to prevent anyone from blocking mutual legal assistance or extradition on the grounds that the offences in question are politically motivated.

Sir, we are obliged to provide mutual legal assistance in relation to an investigation or criminal or extradition proceedings if requested by a country party to the Convention. However, any request for such assistance will have to be consistent with the principles of sovereign equality, territorial integrity and non-intervention in our domestic affairs. Singapore will render assistance within what is allowable under our domestic legal framework.

Conclusion

Sir, terrorism remains a real and present threat to Singapore. The Convention was designed to help track down and punish those who promote and

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perpetrate these heinous and violent acts. Singapore does not tolerate terrorism in any form or under any disguise.

Acceding to the Convention and implementing the new Terrorism (Suppression of Bombings) Bill will strengthen existing counter-terrorism cooperation between Singapore and like-minded countries. It ensures no safe haven for the terrorists and complements domestic legal instruments already in place to deal with the terrorists. Through these international and domestic instruments, we reiterate our commitment to combat terrorism and our unequivocal condemnation of the violent activities and the ideology of hate and violence espoused by terrorists and their sympathisers.

Sir, I beg to move.

Question proposed.

6.22 pm

Dr Fatimah Lateef (Marine Parade): Sir, at this late hour, I will make my speech short, sharp and straight to the points that I would like to raise.

Before that, I would like to first declare that I speak as someone who has been involved in the medical management of victims of terrorist attacks, namely in Pakistan, Iran, Iraq and in the Jakarta and Bali bomb blasts.

This Bill, Sir, serves to remind us all of the potential ongoing threat to our safety and security. Terrorism is emerging as a most formidable challenge globally. Terrorists do not respect territorial boundaries, age, ethnicity, customs and traditions. This Bill strengthens the need for commitment at every level of society to combat this threat. It is also a further step by the Government to ensure we have in place a full and comprehensive

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range of measures to prevent and respond to any effort by terrorists who operate in our society.

In the definition and interpretation sections, Sir, I would like to suggest the inclusion of the definition of "terrorist" or "terrorist groups". This would add weight to the list of terms defined and also it would be good to include some of the recognised terrorist groups in operation, especially in our region. This would help to enhance awareness as well as the spillover effects will be apparent in the form of growth of a transborder link between various extremists and terrorist groups.

My next proposal is related to quite a larger picture of terrorism and terrorist acts. Under clause 3, with regard to the types of activities, can we also consider including something more specific, and I quote, "offences such as contamination of products such as food, water, vegetation intended for human consumption with the intent to harm persons or cause major economic disruption and damage"? This is over and above the phrase, and I quote, "a place of public use which is currently mentioned in section 3". This is certainly a form that terrorist acts can take today and I feel it would be good to include this as well unless it is covered under any other Acts elsewhere. Moreover, there is now the emerging threat of chemical, biological and radiological attacks.

Indeed, Sir, terrorist acts are usually criminal offences, such as intimidation, property damage or murder, but these offences are committed with an ideological, political or religious motive. The latter may not be known for sure until investigations have been carried out and completed. Singapore is acutely aware of the need for regional and international cooperation given the transnational character of modern terrorism. No

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country is immune. Being a member of the global community, we must also have our options for the treatment of international terrorists who commit offences on our shores, and vice versa. This is where the provision in the Bill which gives Singapore the extra-territorial jurisdiction over bombing offences is highly relevant.

In the event where there is no extradition treaty between Singapore and the Convention country, or if the existing treaty does not have provisions for extradition of persons involved in a terrorist bombing attack, this Bill allows for notification to be made for the application of the Extradition Act. I would hope, Sir, that this will be executed expeditiously in a timely fashion, given the nature of the crime that we are considering. To eliminate terrorist acts, it is also important to eliminate supporters of terrorism. Terrorists operate where they are able to receive funds and information from supporters and sympathisers.

A final suggestion I have, Sir, is to have it specifically written that designated customs officers or relevant authorities are given the power to access or detain property if they are found to have suspicious activities such as being relations to terrorists or terrorism. They should also be given authority to use tracking devices or some similar devices as deemed relevant and necessary for national security that would better protect Singapore against any asymmetric terrorist attacks, as we align with the requirements of the Convention.

Sir, I support the Bill.

Mr Wong Kan Seng: Sir, Dr Fatimah asked about having a definition on "terrorists" or "terrorist groups". In fact, the international community has been locked in a long-standing debate, and there has been no universally accepted definition on "terrorists" or "terrorist

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groups". Despite the lack of consensus about the definition, there is international recognition that a more effective way to deal with terrorist threats is to focus on acts of terrorism and criminalise these in the appropriate legislation, instead of focusing on defining what a terrorist really is.

The International Convention for the Suppression of Terrorist Bombings targets specific terrorist acts of bombing using explosives and other lethal devices, and does not define "terrorists". So, our Bill has been crafted to criminalise terrorist bombings and follow quite closely what is provided for in the Convention.

Dr Fatimah also suggested that the offences in the Bill be expanded to include other activities. As I said earlier, the purpose of the Bill is to enable Singapore to comply with the international obligations under the Convention. So, the types of activities which are included as terrorist bombing offences will therefore have to follow those too. But, of course, we also have other legislation to deal with the scenarios highlighted by Dr Fatimah, and they are already in place. But, from time to time, if there are new ways where terrorist activities can be carried out and we do not have an existing legislation to deal with them, then we will look at the law again to see whether we need to make any amendments to the law.

Dr Fatimah also suggested that some officers, like customs officers, be authorised to detain and confiscate items or devices which are likely to cause a terrorist act. In fact, ICA officers already have such powers in our present laws. From time to time, and we can read this in the press reports, the ICA does detain and confiscate such material. Indeed, if it is an offence to bring in a particular item, then prosecution may follow after the investigation.

Question put, and agreed to.

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Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Mr Wong Kan Seng].

Bill considered in Committee; reported without amendment; read a Third time and passed.