OFFENCES RELATING TO VEHICLES BILL

[Mr Speaker in the Chair]

Order for Second Reading read.

2.31 p.m.

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

Under the existing law, persons who commit theft of motor vehicles or bicycles, or parts of these vehicles, are only charged with simple theft for which the maximum penalty for the first offence is three years' imprisonment or a fine or both; but in practice, such a heavy penalty is seldom imposed. At the present time, thefts of motor vehicles, including motorcycles and of bicycles are quite common in Singapore. Although action has been taken by the Police to endeavour to reduce the number of such thefts, and in spite of the number of arrests, these thefts remain at a high level. It is considered that the present penalties are inadequate to act as a deterrent in these rather abnormal conditions

The Bill now before the House, therefore, seeks to enhance the punishment for the theft of motor vehicles which include motorcycles, and of bicycles or parts thereof, to a maximum of seven years' imprisonment. It also prescribes that the minimum sentence for the theft of a motor vehicle or motor vehicle part shall be one year, and for the theft of a bicycle or bicycle part shall be three months' imprisonment. In all cases, provision is made for the imposition of a fine as well.

Clause 4 (1) of the Bill enhances the penalty for those who are found guilty of receiving or retaining motor vehicles, bicycles or parts thereof, which are proved to be stolen property, and prescribes a maximum term of imprisonment of five years with a minimum term of six months and provides for the imposition of a fine as well.

Similarly, clause 4 (2) of the Bill imposes the same penalty on those who are found guilty of voluntarily assisting in concealing or disposing of motor vehicles or bicycles or parts thereof, which are proved to be stolen property. The provisions of this section are necessary to ensure that not only the thieves shall be adequately punished when detected, but also those who encourage such thefts by providing facilities for the disposal of stolen property.

Clause 5 of the Bill empowers the District Court to impose the full enhanced punishments for offences committed under this Ordinance.

It is of interest to note that similar legislation was enacted in 1946 when thefts of vehicles, bicycles and spare parts thereof were exceedingly prevalent in Singapore. This legislation had a salutary effect, but was allowed to lapse in 1948 when the situation became more normal.

The present Bill is to be in force for one year in the first instance, but provision is made for its extension from time to time by the Yang di-Pertuan Negara. Such extension would depend on whether circumstances prevailing at the time warrant it.

Sir, I beg to move.

Question proposed.

2.37 p.m.

Mr A. P. Rajah (Farrer Park): Mr Speaker, Sir, this Bill does not seek to create a new offence in the sense that it will give the Police something, new in respect of which they could charge an offending person. There are sufficient provisions, Mr Speaker, Sir, in, our penal system whereby people who will contravene the provisions of this Bill can be brought to book. There is the Penal Code offence of theft, receiving stolen property, and of assisting in the concealing or disposing of stolen property which meets the offences set out in this Bill.

What this Bill proposes to do, Mr Speaker, Sir, is to increase the punishment in the hope that that increased punishment would reduce the crimes. There is a statement on page 3 which says:

"This Bill will not involve the Government in any extra financial expenditure."

Might I suggest to the Minister who is moving this Bill that if his Government does not propose to incur extra financial expenditure in enforcing this Bill, when it becomes law, this law will remain redundant and quite useless. Sir, may I with respect again say that the difficulty is not that our laws do not provide the remedies - they do - but that the Police are not able to arrest the thieves, however much the punishment might be: for 10 years, for 15 years, or it might be a sentence for life. Before the sentences can be imposed, the thieves have to be caught! That is where our system is about to break down. The Police think that if the punishments are increased, they have half solved the crime. In 1947, Mr Speaker, Sir, it was necessary to bring in a special law to deal with this peculiar situation then. In that year, Sir, you might remember there was a very great shortage of transport, and it was a common occurrence for people to lose their bicycles or motorcars every day. As far as I know, this is not a very prevalent occurrence at the moment. In fact, what the police are trying to do is to cut down on the number of vehicles on the roads as much as possible. To suggest that it is necessary to bring in this Bill because the theft of vehicles is so prevalent, is not a proposition which I can accept. I would suggest to the people who enforce the law that it is not increased punishments that will stop the theft of vehicles, but the catching of the thieves that is going to stop it.

2.41 p.m.

The Minister for Labour and Law (Mr K. M. Byrne): Mr Speaker, Sir, in a situation where there is evidence that there is an increase in offences such as the theft of bicycles, motorcars and parts belonging to these vehicles, and also the offence of dishonest retention and purchase of such articles which are the subject of thefts, the Member for Farrer Park will appreciate that it is necessary for the Government to take determined action to suppress this sort of crime.

If he will look at sub-clause (2) of clause 1 of this Bill, he will see that it is proposed that:

"This Ordinance shall continue in operation for a period of one year from the date of commencement:"

subject to extensions from time to time as the Yang di-Pertuan Negara may think fit by notification in the Gazette. Clearly this Bill is designed to meet an emergency situation.

Mr Speaker, Sir, I think the Member for Farrer Park has also failed to look at the penal provisions of this Bill. He will see that the punishment for theft of a motor vehicle has been increased from three years to seven years, and also that a minimum penalty is prescribed-a penalty of not less than one year in the case of the theft of motor vehicles, a minimum penalty of not less than six months in the case of dishonest retention of a motor vehicle, and a minimum penalty of not less than three months in the case of the theft of a bicycle.

Mr Speaker, Sir, I think this is not the first time that the Government has found it necessary to have such powers. You will remember that not so long ago, the Minister for National Development came to this House and asked for special powers to deal with the case of attap houses which had been appearing everywhere in our City. I am told that there were venturesome people who even attempted to build homes on the public roads of Singapore, and something had to be done to stop that. Previous Governments had tried to deal with that situation-nothing happened. They continued to build these homes. The moment we sought and obtained those powers in this Assembly, Mr Speaker, Sir, that situation has completely stopped. It is because we have got the, powers to deal with that situation. If we allow the situation to drift, then one day the Member for Farrer Park will come here and say, "Does the Government not know that the situations get ting from bad to worse? What is the Government doing about it? I have also lost my motorcar! What is the Government going to do about it?"

Mr Speaker, Sir, I can assure the Member for Farrer Park that when this Bill is passed, he will have the security of his motor vehicle for so long as this Bill appears in the Statute Book.

Mr Rajah: I have only a bicycle!

Mr Speaker: Mr Ong Pang Boon, in reply?

Mr Ong Pang Boon: Mr Speaker, Sir, the most important provision in this Bill, apart from the enhanced penalty, is the imposition of a minimum sentence on the thieves concerned. It is only too common that when the Police arrest a person who has committed the theft of a motorcar or a bicycle, he is always allowed bail and after a lapse of several months, he is only fined $25 or $50 in the end. That, I am sure, Mr Speaker, Sir, will not have any deterrent effect on the person who has committed such an offence.

In the past, criminals could depend on pin-tables and juke-boxes for their income, but with the closure of this form of activity, more and more of them have resorted to thefts of motor vehicles or bicycles, and it is necessary that enhanced punishment be introduced and also provision for a minimum sentence.

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 Speaker in the Chair]

2.48 p.m.

Clause 1-

The Chairman: There is an alteration:

In page 1, line 5, to leave out "1959" and insert "1960".

That will be done.

Clause 1 ordered to stand part of the Bill.

Clauses 2 to 5 inclusive ordered to stand part of the Bill.

Bill reported without amendment read the Third time and passed.