PENAL CODE (AMENDMENT) BILL

Order for Second Reading read.

11.00 a.m.

The Chief Secretary (Mr E. B. David): Mr Speaker, Sir, I lay upon the Table a Certificate of Urgency signed by His Excellency the Governor in respect of the Penal Code (Amendment) Bill.

Certificate of Urgency handed in.

Mr Speaker: The Certificate is in order. Are typed copies of the Bill available for distribution to Members?

Mr David: Yes, Sir.

Typed copies of the Bill handed in to the Clerk and distributed to hon. Members.

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

Sir, the legislation which the Assembly has just approved will, as I have indicated, give greater powers to the Police and to the Courts to combat the activities of criminal gangsters under the Criminal Justice (Temporary Provisions) Ordinance. The Bill now before the Assembly makes certain amendments to the Penal Code to enable the courts to impose heavier sentences on persons found guilty of certain crimes which are all too prevalent at the present time and to act as a deterrent against their commission.

The first amendment in clause 2 deals with persons who are guilty of the offence of committing an affray. The punishment provided at present in the Penal Code for this offence is unduly lenient in the present circumstances consisting as it does of imprisonment which may extend to one month or a maximum fine of $100 or both such imprisonment and fine. I have already indicated to the Assembly the vicious nature of the type of gang fights which are unfortunately of such frequent occurrence in Singapore and I do not doubt that hon. Members will agree that the present penalties which I have detailed are not a sufficient deterrent in the present circumstances. It is accordingly proposed that the maximum punishment for committing an affray should be increased to imprisonment for a maximum period of one year or to a fine which may amount to $1,000 or to both such imprisonment and fine.

Sir, clause 3 of the Bill makes a number of amendments to certain sections of the Penal Code to increase the sentences which may be imposed by the courts for the crime of kidnapping or abduction to ten years and to make such offences also punishable with whipping. Members are no doubt aware from reports in the daily press that over a number of years there have been several cases of kidnapping and also a number of attempts which have been thwarted by the vigilance of the Police. There is also good reason to believe that there have been other successful kidnappings which have not been reported to the Police and which have resulted in the payment of large sums of money as ransom. Sir, the essence of every kidnapping case is to put the victim and his relatives in fear of physical violence and frequently involves the detention of the victim in conditions of extreme discomfort. If this form of crime is to be adequately discouraged, it is imperative that the punishment for this crime should be increased to a level which will afford the severest deterrent to those who seek to profit from it. Although modern penal reform is antipathetic to the use of corporal punishment, these principles of reform, if they are to achieve their purpose, require the existence of conditions which it must regrettably he admitted do not exist in Singapore today. The thugs who take part in these crimes of violence are not for the most part susceptible to the sympathetic treatment which these principles symbolise and for the better protection of the public, it is considered advisable to arm the Courts with this additional power to be used at discretion and which will act as a greater deterrent to those who now think nothing of inflicting physical violence on their innocent victims.

Sir, I beg to move.

Question proposed.

11.05 am.

Mr Lee Choon Eng (Queenstown): Mr Speaker Sir, the introduction of this Bill to amend the Penal Code Ordinance should be most welcome. I may say that this amendment more or less answers my question yesterday rather than the previous one, the Criminal Justice (Temporary Provisions) Ordinance, as this applies more to kidnapping and gangsterism.

However, Sir, in my opinion, I feel that the new punishment proposed under this new amendment is still inadequate. Kidnapping and gangsterism are very, very serious offences because they cause fear and alarm not only to the rich and poor but also to every individual citizen in this country. The condition in which the victim finds himself is not all to be considered. We must also consider the condition of the family of that victim. When a victim is kidnapped and confined illegally or wrongfully, the family is put under mental torture and suffers more if that victim is the sole bread-winner of the family. People who steal or commit minor offences may receive the sympathy and mercy of the court but kidnapping and gangsterism should not receive the slightest sympathy at all. These kidnappers or extortionists are just out to satisfy their taste for richness in that they can demand fantastic sums of money from the so-called rich people.

Sir, apart from the mental torture caused to the family, the victim is also subject to torture just as in one case where he was confined in a small box some time ago. The only way to wipe out such offences is to introduce the severest form of punishment so that the courts could impose the maximum fine allowed by law. Although the new legislation proposes ten years' imprisonment and/or whipping, I feel that that is inadequate as the Member for Tanjong Pagar this morning said that we must show to those who intend to commit these crimes that the Government really means business - not just putting it on paper.

Sir, although I am not satisfied with this proposed amendment because the new punishment is not adequate, I do not intend to propose another amendment to provide for more severe punishment because I may be obstructing the passing of this law. I am prepared to allow this amendment to go through. If after this amendment is made law and further crimes of this nature are not stopped, I would urge Government to consider introducing more severe punishment than ten years' imprisonment and/or whipping.

11.10 a.m.

Mr Lim Cher Kheng (Changi): Mr Speaker, Sir, I rise to support this amendment but there is one point I would like to bring up for the consideration of Government.

Sir, the amendment to section 160 of the Penal Code proposes to increase the term of imprisonment to one year and a fine of $1,000. I think this is beyond the power of a Magistrate Court to deal with. Therefore if there are not many District Criminal Courts available to deal with such cases, the Magistrates' Courts will not be able to impose the maximum term of imprisonment and this Bill will just be a scrap of paper. I want the Government to give me an assurance that we have sufficient District Criminal Courts to deal with such cases.

11.13 a.m.

Mr David: Sir, the Member for Queenstown (Mr Lee Choon Eng) suggested that these penalties are not adequate enough; that I think myself to be a matter of balance. In providing for maximum penalties, one must strike an appropriate balance between different types of crimes and, of course, it is for the courts in individual cases to decide what the appropriate penalty may be. What this legislation provides for is only the maximum.

The Member for Changi (Mr Lim Cher Kheng) pointed out that Magistrates' Courts can only inflict maximum penalties of six months and that therefore for any greater penalty under this amended provision, it would be necessary for cases to be taken before the District Courts. That is the case and serious cases will have to be taken before the District Courts. I can assure the hon. Member as regards the number of Courts that the position will be watched.

Question put, and agreed to.

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

Assembly immediately resolved itself into a Committee on the Bill. [Mr David].

Bill considered in Committee.

11.15 a.m.

[Mr Speaker in the Chair]

Clauses 1 to 3 inclusive ordered to stand part of the Bill.

The Schedule-

The Chairman: Mr Chief Secretary, on page 2, the word "Ditto" appears. I was wondering whether it would not be preferable to insert all the words appearing therein previously.

Mr David: Yes. Sir, I move.

To leave out "Ditto" appearing in the Second Column against "367" appearing in the First Column, and insert-

"Insert the words "or to whipping" after the word "fine" at the end thereof'.

Amendment agreed to.

The Schedule, as amended, ordered to stand part of the Bill.

Bill reported with an Amendment; read the Third time and passed.