DANGEROUS DRUGS (AMENDMENT) BILL

Order for Second Reading read.

11.26 a.m.

The Acting Financial Secretary (Mr Oon Khye Kiang): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, the Dangerous Drugs Ordinance came into operation on 1st March, 1951, and there has been no decrease in the illicit traffic of opium into Singapore. This calls for the necessity for the imposition of sterner measures to ensure the complete eradication of this evil. The proposed amendments have been framed with a view to closing certain loopholes in the law made apparent in the light of its practical working. They provide for more stringent action against opium smugglers, dealers and vendors, and also ship-owners and masters, when responsible ships' officers are shown to have been negligent in supervision, with the result that their vessels are used for drug trafficking.

Clause 2 gives statutory definitions of "pipe" and "utensil", used in opium smoking.

Clauses 3 and 4 are drafted to combat difficulties which have been encountered in the interpretation of the word "possession". Section 6 of the Ordinance is expanded by the addition of the word "Keeps". Section 9 (1) (b) is similarly expanded by adding the words "custody or control".

Clause 5 amends section 10 of the Ordinance by substituting the words "is found in or escaping from any place" for the words "frequents any place", as it is found to be extremely difficult to prove frequency of visits to places where opium is consumed. It is expected that only a nominal penalty will be imposed in cases where the Court is satisfied that a person found in an opium den is there for an innocent purpose.

Clause 6 amends section 11 of the Ordinance to empower the Minister to amend Part III of the First Schedule to the Ordinance, either to secure strict control of any dangerous drugs not hitherto listed in the Schedule, or to delete therefrom any drug which has been exempted from control.

Clause 7, which amends section 12, makes it clear that the unauthorised possession of drugs listed in Part III of the Third Schedule to the Ordinance is an offence.

Clause 8, which expands section 15, is designed to make persons found escaping from premises used for any of the purposes listed in section 13 of the Ordinance liable to punishment.

Clause 9 empowers the Minister to authorise the temporary removal from a ship or an aircraft, for safe keeping, dangerous drugs in transit through Singapore. Such powers are particularly necessary in the case of air freight consignments.

Magistrates, Justices of the Peace and senior officers of the Police are at present empowered to issue search warrants and to conduct searches. In former times senior officers of the Customs Department were appointed Justices of the Peace, but this practice has now been dropped, and clauses 10 and 11, which amend respectively sections 27 and 27A are designed to permit such officers of the Department to issue search warrants and to conduct searches, since the Department still plays a major part in suppressing the traffic in dangerous drugs, and frequently needs to operate under a search warrant at night. Clause 10, in addition, also enables these officers to board aircraft as well as ships in the course of their duties.

Clause 12, which amends section 28, makes an attempt to dispose of case property as much an offence as the actual destruction of such property.

Clause 13 is intended to prevent the removal of any conveyance which has been used for the transport of dangerous drugs.

Clause 14 brings section 30 of the Ordinance into line with similar provisions relating to seizure and forfeiture contained in the Customs Ordinance.

Opportunity has also been taken in clause 15 to clarify the meaning of section 35 (2) (b) of the Ordinance.

Clause 16 strengthens the presumptions under section 37 (c) of the Ordinance. It follows a similar provision under the Common Gaming Houses Ordinance, and makes it possible to take proceedings against persons who erect obstructions against legal entry into premises for the administration of dangerous drugs. Paragraph (b) of this clause extends the presumption in section 37 (d) of the Ordinance to cases where a person has custody or control of anything containing a dangerous drug, and the opportunity has been taken in paragraph (d) to remove an ambiguity under section 37 (h) of the Ordinance.

Clause 17 is designed to make the owners of premises exercise greater responsibility and to prevent the rise of their property for purposes involving the administration or smoking of dangerous drugs. It empowers the police to take action against owners and magistrates to order the demolition of obstructions erected to faciliate the administration of dangerous drugs or smoking or other consumption of such drugs.

Clause 18 amends section 38 (1) of the Ordinance, to make owners and masters of vessels jointly liable for the negligence of any responsible officer, which results in the vessel being used for the smuggling of dangerous drugs. This clause is based upon the United Kingdom Customs and Excise Act, 1952.

This Bill has the support of all the authorities concerned with the suppression of the traffic of narcotics, and of the Director of Medical Services.

The situation with regard to narcotics smuggling into Malaya is grave, and it demands vigorous and early action. During 1958, there were no less than 23 discoveries of illicit opium on board ships calling at Singapore, but because of the weakness in the existing provisions of the Ordinance, it was not possible in one single instance to arrest those implicated.

Sir, I beg to move.

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 Oon Khye Kiang].

Bill considered in Committee.

[Mr Speaker in the Chair]

11.32 am.

Clauses 1 to 13 inclusive ordered to stand part of the Bill.

Clause 14-

Mr Oon Khye Kiang: Sir, I beg to move,

In page 4, line 34, to leave out "lamps,".

The definition of "utensil" in clause 2 (b) includes reference to lamps. So it is not necessary to make such a reference in this clause.

Amendment agreed to.

Mr Oon Khye Kiang: Sir, I beg to move,

In page 6, lines 5 and 6, to leave out "Court or to a Magistrate's Court" and insert "Judge or to a Magistrate".

There is a reference to District Judge or Magistrate in lines 7 and 8. So for uniformity a similar reference should be made in the preceding lines 5 and 6.

Amendment agreed to.

Mr Oon Khye Kiang: Sir, I beg to move,

In page 6, line 13, after "default", to insert "of appearance".

This is to rectify a drafting error.

Amendment agreed to.

Clause 14, as amended, ordered to stand part of the Bill.

Clause 15 ordered to stand part of the Bill.

Clause 16-

Mr Oon Khye Kiang: Sir, I require your guidance in the matter. Since the two amendments in this clause are of a similar nature, can I take them together?

The Chairman: If the Hon. the Financial Secretary will just propose formally. He can take them one at a time.

Mr Oon Khye Kiang: Sir, I beg to move,

In page 8, line 24, after "or", to insert "otherwise".

This is to rectify a drafting error.

Amendment agreed to.

Further Amendment made: In page 9, line 6, after "or", to insert "otherwise". -[Mr Oon Khye Kiang].

Clause 16, as amended, ordered to stand part of the Bill.

Clause 17-

The Chairman: I would like to direct the attention of the Hon. the Financial Secretary to page 9, line 18. There appears to be a typographical error. Should not "or" be "of"?

Mr Oon Khye Kiang: That is correct, Sir.

The Chairman: To deal with the typographical error, "or" will now read "of".

Mr Oon Khye Kiang: Sir, I beg to move,

In page 11, line 12, after "being", to insert "on the premises".

The amendment clarifies the position.

Amendment agreed to.

Clause 17, as amended, ordered to stand part of the Bill.

Clause 18-

Mr Oon Khye Kiang: Sir, I beg to move,

In page 11, lines 37 and 38, to leave out "or mate or engineer" and insert ", a mate or an engineer officer".

This amendment is to make the phraseology of the term more precise.

Amendment agreed to.

Mr Oon Khye Kiang: Sir, I beg to move,

In page 11, line 41, to leave out "passengers" and insert "a passenger certificate".

This amendment is also to make the phraseology of the term more precise.

Amendment agreed to.

Clause 18, as amended, ordered to stand part of the Bill.

Clause 19 ordered to stand part of the Bill.

Bill reported with amendments; read the Third time and passed.