CRIMINAL LAW (TEMPORARY PROVISIONS) (AMENDMENT NO. 2) BILL

Order for Second Reading read.

5.55 p.m.

The Minister for Home Affairs (Mr Ong Pang Boon): Mr (Deputy) Speaker, I beg to move, "That the Bill be now read a Second time."

This Bill which seeks to amend the Criminal Law (Temporary Provisions) Ordinance, 1955, is a further manifestation of the determination of the present Government in taking strong positive action for the good and well-being of the people as a whole to fight gangsterism and thuggery relentlessly and vigorously, and to adopt more drastic measures if necessary to break the back of the secret society menace which has plagued this land of ours for some time now and terrorised the law-abiding people in this island.

I am confident that the Bill, drastic as it may be but drastic only against evil-doers who flout the rule of law and order and seek to continue the present state of lawlessness, will meet with the wholehearted support of all law-abiding members of the community. In fact, I believe that public opinion demands that more drastic measures be taken by the Government to maintain peace and order in the face of the prevalent abnormal crime situation.

Since the new Government came into power, we have taken several measures against gangster haunts and their sources of income. We have closed down pin-tables and juke-box premises which were the haunts of gangsters and thugs. We have dissolved societies which are purely gambling dens under the protection of secret society members. We have not hesitated to go for the really big shots as recent events have shown.

The special police squads have struck fear into the hearts of these gangsters, a number of whom had met with death. We will go on waging an unrelenting campaign against them. There is no place for relaxation of efforts and vigilance.

The additional powers asked for in this Bill are part of this campaign. Sir, before I come to the details of this Bill, I would like to stress that it is because of the present state of gang lawlessness that the Government is seeking these additional and exceptional powers contained in the Bill.

This Government, like any democratic Government, does not wish to lightly deprive the individual of his liberty by executive action, nor for that matter for a longer time than is absolutely necessary. But when we are dealing with unruly and unprincipled thugs and gangsters and because of the terrorism they have spread, the ordinary process of law is inadequate to deal with the crimes and misdeeds committed by them. Special powers such as those contained in this Bill are therefore necessary.

In adopting these measures the Government is conscious that they provide but temporary remedies and that in dealing with these secret societies, account has to be taken of the social and economic causes which have contributed to the growth of gangsterism and lawlessness. Increased unemployment, slum conditions, lack of purposefulness in directing the energies of the young, lack of recreational facilities, constant exposure to yellow culture, undesirable literature and - films all these have caused secret societies to flourish and have lured youth to their ranks by the glitter of sensationalism and easy money.

As the House is aware, the Government has taken a strong line in the banning of undesirable publications and in tightening the censorship of films. Some of the causes can only be tackled by long-term measures and their solution cannot be achieved quickly. But the Government has already taken action on these permanent remedies. For example, the provision of better housing, more open spaces, more recreational facilities, community centres, schools, etc, and the encouragement of industries, the full impact of which can only be felt in the years to come.

Coming now to the details of the Bill, the main provisions are (1) to extend the life of the Criminal Law (Temporary Provisions) Ordinance which expires in October this year for another five years; (2) to give the Minister alternative powers either to impose detention orders on persons associated with activities of a criminal nature or to order that they be placed under police supervision; (3) to extend the period of detention made by the Minister from six months as at present to one year; (4) to impose special restrictions on those persons placed under police supervision and special penalties on them for breaking the restrictions or for being convicted of specified offences; and (5) to issue special identity cards to those subject to police supervision under this Ordinance.

The life of the principal Ordinance will lapse on 20th October, 1959, and clause 2 of the Bill extends its life for another five years. In view of the intention that the maximum initial period of supervision should be three years with the Yang di-Pertuan Negara being empowered to extend this period if he thinks fit - it is only logical that the life of the Ordinance should be extended for at least five years instead of extending it for another year and then introducing further amending Bills to extend its life from year to year.

The potential threat of violence is still with us and we still have need for the continuance of this Ordinance. Furthermore, the knowledge that the Ordinance will be in force for another five years will be a deterrent to both present and potential gangsters and, I hope, will also make them seriously consider the advantages of reforming themselves.

Clause 7 is a clause which empowers the Minister either to order the detention of persons associated with activities of a criminal nature in the interests of public safety, peace, and good order for a period up to one year or to make an order directing that they be placed under police supervision for a period not exceeding three years. The extension of the period of detention order by the Minister from six months to one year is aimed at the real hard-core criminal leaders and fighters who must be removed out of commission for an effective period of time. On the other hand, there are many gangsters including some who are already detained, who are really misled and misguided persons, often teenagers, who are not all lost to the society of decent people and who should be given a second chance to redeem themselves and go straight. This class of gangsters could be put under police supervision instead of being detained. They would be released and returned to the intimate circle of their relatives and friends. They would be subject to restrictions but they could lead comparatively normal lives and participate in remunerative employment. They will not be bothered so long as they do not break the restrictions imposed on them or commit certain specified crimes of violence for which the penalty is deterrent prison sentences.

Clause 9 replaces the existing procedure of persons under detention orders being released on suspension orders and provides for the Minister to make orders for police supervision in respect of persons who are already detained under detention orders, or under detention orders the validity of which has expired. I can give the assurance that the orders under these two clauses will be made with the greatest care and examination. I must also point out that the powers conferred on the Minister by clauses 7 and 9 would still, as in the principal Ordinance, be subject to the consent of the Public Prosecutor being obtained and subject to confirmation by the Yang di-Pertuan Negara after consideration of reports from the Advisory Committee appointed under section 51 of the Ordinance. The Minister therefore does not act completely on his own. There are these important safeguards which I have just mentioned.

Clause 10 makes persons directed to be under police supervision subject to other disabilities and provisions intended to make it easier to control their activities and to prevent or to deter them from committing crimes. If they break the restrictions imposed on them under these police supervision orders or if they consort with other persons subject to similar supervision orders without permission, or if they are found loitering in public places or are found at places where breaches of the peace have been committed, or are found in the company of two or more persons subject to supervision without being able to account for themselves satisfactorily, they are liable on conviction to be punished with imprisonment for a term not exceeding three years and not less than one year. Also, if such persons are convicted of any of the offences included in the Third Schedule to the Ordinance, they will become liable to double the maximum term of imprisonment imposed therefor and will also be liable to caning. Sir, we are not alone in imposing these special restrictions on specified offences for they are taken from the Prevention of Crimes Ordinance recently enacted in the Federation of Malaya. This clause also provides for the taking of photographs and finger impressions of such persons.

Clause 11 makes corresponding provision for the Yang di-Pertuan Negara to extend the validity of detention orders for periods not exceeding one year at any one time to be in line with the initial period of up to one year for these detention orders. The existing provision that no detention order shall extend beyond two years still remains. The clause also empowers the Yang di-Pertuan Negara to extend the period of supervision orders from time to time. As in the case of detention orders under the principal Ordinance, he may also refer any supervision order for further consideration by an Advisory Committee.

Clause 14 gives the Minister powers to make rules providing, inter alia, for the issue of special identity cards to all persons subject to supervision orders. This is desirable for purposes of their easier identification by the police and the control of their movements and activities. It is not the intention, however, to issue identity cards of a conspicuous nature like having a big X endorsed on them, or having a different colour from the ordinary cards. They will be made easily identifiable by the police without making them too obvious. This is desirable because it is felt that persons subject to police supervision under this Ordinance should not be hampered by a public branding from obtaining and succeeding in legitimate employment.

Two other clauses which should perhaps be mentioned are clause 6 which now gives the Minister the power to amend, add to or vary any of the Schedules in the Ordinance, and clause 12 which now empowers the Minister to make appointments to the Advisory Committee.

The opportunity has also been taken of incorporating in the Bill a number of formal amendments, for example, the substitution of the words "Governor in Council" by "Yang di-Pertuan Negara", and "Chief Secretary" by "Minister".

A few amendments either for clarification or of a purely drafting nature are also incorporated, for example, the renumbering of Schedules due to the fact that the First to the Fifth Schedules in the Ordinance have been repealed by Ordinance 34 of 1959 dated 26th March, 1959.

Sir, these then are the aims and objects of this Bill. The additional powers and measures asked for are drastic but, as i stressed earlier on, we are dealing with unruly and unprincipled thugs and gangsters who have no regard for the rule of law. The present Government is determined to end the present state of gang lawlessness and I am sure, with this end in view, the Bill will commend itself to the House and to the law-abiding public of Singapore.

Sir, I beg to move.

Question proposed.

6.15 p.m.

Mr Rajah: Mr (Deputy) Speaker, Sir, I would like to congratulate the Government on this Bill to amend the principal Ordinance. But there is one aspect of this Bill which I would like to bring to the attention of the House.

This Bill has been enacted in order that the public safety, peace and good order in Singapore might be preserved, and there is no doubt that there are elements in the country doing their best to upset public safety, peace and good order. In this connection, too, Sir, and in respect of the point I wish to make, I wish to bring to the attention of the House the Preservation of Public Security Ordinance which is also an Ordinance designed to secure public safety, possibly at a different level, but nevertheless to secure public safety. In the Preservation of Public Security Ordinance, Mr (Deputy) Speaker, there is provision for an appeals tribunal to which any person, who is detained under the provisions of that Ordinance, could appeal. Now, the appeals tribunal comprises a High Court Judge and two District Judges, and to this appeals tribunal any person who has been detained under the provisions of the Preservation of Public Security Ordinance could put in an appeal. The appeal is heard in camera, but the appeal is heard, and the detained person has opportunities of making his defence before that tribunal. In other words, Mr (Deputy) Speaker, he himself might be able to say something or adduce some evidence which has not reached the ears or the eyes of the Minister in charge. There is no doubt that when the safety of the State is being threatened, the executive must be given sufficient powers to combat that evil. But the greater the powers that are given to combat that evil, Mr (Deputy) Speaker, I venture to suggest that there must be corresponding provisions which will enable persons who possibly should not have been accused - maybe one in a hundred; but even in that exceptional case that person should be given the opportunity of presenting his case with a view to determining whether or not his detention has been right.

Now, the Preservation of Public Security Ordinance makes provision for that. In this Ordinance, Mr (Deputy) Speaker, Sir, there is an Advisory Committee which has the powers of a Court; it can subpoena and administer oaths and take evidence. But there is no provision in this Ordinance which gives the right to a person who has been detained to prefer an appeal to this Advisory Committee. The Ordinance merely says that his case may be submitted to the Advisory Committee. It is not obligatory but permissive; the Minister or some other person in charge may submit his case to the Advisory Committee. As far as I have been able to ascertain, Mr (Deputy) Speaker, Sir, the position now is that this Advisory Committee is only given papers which the Minister himself has seen. Now, where the Minister himself has seen the papers and satisfied himself on the advice of the Public Prosecutor, it stands to reason that the Advisory Committee itself must also be satisfied. After these safeguards, it is hardly likely that the Advisory Committee could come to any other conclusion. But what I would be interested to see, Mr (Deputy) Speaker, Sir, is for the person detained to be enabled to bring as of right to this Advisory Committee evidence which has not been placed before the Minister himself. In order to do this, I think some provision should be made in the Bill which will enable this detained person to make his appeal in the same way that the Preservation of Public Security Ordinance enables persons detained under its provisions to make the appeal.

But for that observation, Sir, I am entirely in support of the Bill.

6.21 p.m.

Mr Chan Chee Seng (Jalan Besar): (In Mandarin): Mr (Deputy) Speaker, Sir, I heartily support this Criminal Law (Temporary Provisions) (Amendment No. 2) Bill. This amending Bill is to eradicate the misdeeds of the previous Government, whose attitude was based on partial changes.

Mr (Deputy) Speaker, Sir, in the light of the written language contained in this Bill, it seems that this Bill is drastic and harsh. But if we examine it and take into consideration the threat to a person's safety under the wave of gangsterism, then this amending Bill is not drastic and harsh enough. The new Government has its responsibility to the people, and it has to bear in mind the interests of the masses of the people. In order to ensure security in this country, we have to enact proper laws, and if we cannot do so, then we will be just like the previous Government. Because of this, therefore, this amending Bill is decisive. We must be decisive and provide in this Bill means to check the activities of gangsterism. The amending Bill is a good prescription. It is `tasty' to us, and to those who are aware of the implications of this amendment, they will know that it is to their own interests.

We must know what is gangsterism. We must know their origin. Since the 18th century, Chinese immigrants have poured into this country from every corner of China. From the inflow of immigrants into Malaya and Singapore, there came the Ang Bin Hoay. This Ang Bin Hoay was established in Singapore, and its purpose was to overthrow the Manchurian Government and reinstate the Ming Dynasty in China. But because of changes in the society, this Ang Bin Hoay dissolved itself into many small gangster groups. We must not under-rate the activities of this organisation. It has its own traditions and its own merits. If we can witness a ceremony of these gangsters and can look into some of the regulations of this organisation, we can then easily find that they strongly uphold their unity and justice. From these came the theory of gangsterism. It is based on what they call justice to unite the gangster members. Their principle has been handed down since the 18th century to the present society. Although this organisation looks very simple, their influence is widespread. At the same time, because of this influence, the leadership in the ranks of the gangsters is able to continue up to the present.

Now that this Government has taken office, I believe the masses of the people realise its attitude towards the gangsters. My Party, the P.A.P., stands for the principle of socialism, and this gangsterism is detrimental to socialism. We must know why these gangsters become gangsters. I believe that a gangster becomes one because he was not properly brought up when young and living in obscurity. The old social institutions contributed much to the organisation of gangsterism. We want to suppress gangsterism. We must think of an alternative to help to reform gangsters and to lead them to the road of happiness. Today we amend this Criminal Law (Temporary Provisions) (Amendment No. 2) Bill in order to suppress the obstinate elements of gangsterism. We must make them realise their present situation, for they are responsible for the disorderliness in the present society. On the one hand, they can kill a dog to give a lesson to the monkey. This can be said to be a lesson to the new members of the gangs. The previous Government were different from the present Government in their attitude towards gangsterism. The previous Government adopted a partial policy towards gangsterism. When certain things happened they put all these gangsters into gaol. They just put them in there for a certain period without educating them and without giving them any opportunity to reform themselves. This was the policy of the previous Government towards gangsterism. Therefore I support the new Government unconditionaly to amend the criminal law.

On the one hand, we give them an opportunity to get their places in life again and, on the other hand, we make them realise that they are responsible for the state of insecurity of our present society.

6.32 p.m.

Mr Byrne: Mr Speaker, Sir, as my colleague, the Minister for Home Affairs

Mr Deputy Speaker: Order. I would like to draw the attention of hon. Members to the correct form of address. It should be "Mr Deputy Speaker" and not "Mr Speaker."

Mr Byrne: I beg your pardon, Mr Deputy Speaker, Sir.

Mr Deputy Speaker, Sir, my colleague and friend, the Minister for Home Affairs, has already drawn the attention of this House to the magnitude of the threat which is facing society here through organised thuggery. The situation, Mr (Deputy) Speaker, Sir, is not an ordinary situation whereby some misguided people get into criminal activity. The situation is one of real seriousness whereby the whole organisation of society is being threatened by criminals who are organised in gangs. The situation is extraordinary and, therefore, it is necessary that the Government seek extraordinary powers to deal with this very abnormal criminal situation.

Mr (Deputy) Speaker, Sir, I can assure the Member for Farrer Park that we dislike the necessity for this Bill as much as he does. But if we are to be realistic, and if we are to be able to deal with the situation, it is very necessary that we get these extraordinary powers.

We have also, Mr (Deputy) Speaker, Sir, seen to it that there are provisions written into this law to ensure that the powers that we seek are not in any way abused. As my colleague has already pointed out, these powers cannot be exercised by the Minister unless he first gets the consent of the Public Prosecutor, and when the detention is made by the Minister or police supervision is imposed by the Minister in pursuance of the exercise of these powers, the detainee still has further safeguards, Sir. The Bill does not in any way deprive the detainee of the right to make representations before the Advisory Committee (which is the Committee which advises the Minister on all matters appertaining to detentions), so that, Mr (Deputy) Speaker, Sir, I would like again to point out to the Member for Farrer Park that in all these things one has to be realistic. In a situation fraught with danger, it is essential that we seek these extraordinary powers.

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 Ong Pang Boon].

Bill considered in Committee.

[Mr DEPUTY Speaker in the Chair]

6.37 p.m.

Clauses 1 to 6 inclusive ordered to stand part of the Bill.

Clause 7 -

Mr Ong Pang Boon: Mr Deputy Speaker, Sir, I move,

In page 2, line 34, to leave out "any" and insert "such".

The Minister resumed his seat.

The Chairman: Would the Minister care to make an explanation on the amendment?

Mr Ong Pang Boon: It is only a drafting error.

Amendment agreed to.

Clause 7, as amended, ordered to stand part of the Bill.

Clauses 8 and 9 ordered to stand part of the Bill.

Clause 10 -

Mr Ong Pang Boon: Mr Deputy Speaker, I beg to move an amendment to clause 10.

In page 5, line 19, after "time", to insert "is found".

This is an omission.

Amendment agreed to.

Clause 10, as amended, ordered to stand part of the Bill.

Clauses 11 to 16 inclusive ordered to stand part of the Bill.

Bill reported with amendments.

Third Reading

6.45 p.m.

Mr Deputy Speaker: Third Reading, what day?

Mr Ong Pang Boon: Now. Mr Deputy Speaker, I beg to move, "That the Bill be now read the Third time."

I wish to take this opportunity to reply to some of the remarks made by the Member for Farrer Park just now. The Member for Farrer Park is an advocate and solicitor, and I presume he is aware of the Criminal Law Advisory Committee Rules, 1958. The rules enable the Advisory Committee to carry out a full enquiry. There is provision under rule 4, subsection (1) , and rule 5 subsections (1) and (2) of the Criminal Law Advisory Committee Rules, 1958, for a person detained under the Criminal Law (Temporary Provisions) Ordinance, to be notified of the date, time and place when the Advisory Committee will consider the grounds upon which his detention order has been made and he may then appear personally to make representations or have his representations made by his advocate and solicitor, or, in place of oral representations, have his representations made in writing. There is, therefore, provision for a detained person to appeal to the Advisory Committee, which is an outside and impartial body, consisting of three members of the public, one of whom, the chairman, is a member of the Bar. The Advisory Committee takes into consideration not the police papers and documents alone, but also hears the representations of the detained person and the representations of any of his witnesses. Further, there are several checks and counter-checks when the police statements and grounds for detention are considered by the Minister for the prosecution, the Advisory Committee, and finally the Cabinet. So, I can assure the Members of the House that in exercising the powers contained in this Ordinance we shall exercise every care and consideration. As I have pointed out earlier, this is an abnormal situation and therefore we require extraordinary powers to deal with the situation.

The Parliamentary Secretary to the Minister for Home Affairs (Mr Tan Kia Gan): I second the motion.

Question put, and agreed to.

Bill, as amended, accordingly read the Third time and passed.