IMMIGRATION (AMENDMENT) BILL

Order for Second Reading read.

3.40 p.m.

The Parliamentary Secretary to the Minister for Home Affairs (Dr Lee Siew Choh): Mr Speaker, Sir, I beg to move. "That the Bill be now read a Second time."

Sir, the purpose of this Bill is to strengthen the hands of the Government in its determined efforts to combat illegal immigration into the State. Because of the open nature of its coast line, its comparative prosperity based on an entrepot economy and stable conditions and the proximity of numerous islands in its neighbourhood, the problem of preventing illegal immigration into Singapore is not an easy one. The problem has been accentuated by recent amendments to immigration laws, which have drastically reduced the number of immigrants into the country. Active measures have been taken to prevent such illegal immigration by the combined efforts of the Customs, Immigration, Marine Police and the M.R.N.V.R. These measures have produced results, but it is felt that the Government should be given more legal powers to have a better control of the situation and to deal more effectively not only with illegal immigrants who have entered the State, but also persons who assist in bringing them into Singapore. It is with these objects in mind that the Immigration (Amendment) Bill, 1960, is introduced.

Clause 3 of the Bill now gives power to the Controller of Immigration to declare the presence of a person unlawful at any time if he is satisfied that the person is a prohibited immigrant or that any material statement in the application for his permit or certificate was false or misleading. Under the existing law, the Controller can only declare the presence of such a person unlawful within two years after his arrival. The effect of such a declaration is that the person will be liable for removal from the State by order of the Controller subject to appeal to the Minister. It is considered an unsatisfactory position whereby the Controller is only allowed to declare the presence of such a person unlawful within two years after arrival. The Controller should have discretionary power to remove him from the State at any time after his entry.

Clause 4 of the Bill amends the Immigration Ordinance to authorise the seizure, detention and forfeiture of any vessel below 75 tons which has been used or is about to be used for the commission of an offence against the Immigration Ordinance or any regulations made thereunder. This amendment therefore covers the seizure and forfeiture of vessels used for the purpose of bringing in illegal immigrants. An order of forfeiture of vessels is only made by the court and shall be made if it is proved to its satisfaction that an offence against the Ordinance or any regulations made thereunder has been committed and that the vessel was used in the commission of such offence, notwithstanding that no person may have been convicted of such offence. It will be seen that forfeiture of a vessel now by virtue of the new definition "vessel" in clause 2 of the Bill includes everything found in it, and this amendment is made with a view to deterring the owners of small craft from engaging in the profitable business of smuggling in illegal immigrants into Singapore. The majority of these illegal immigrants enter Singapore by means of small craft from the adjacent islands. Under the existing law, a taikong of a small craft bringing in illegal immigrants can only be charged with the abetment of the commission of an offence and experience has shown that the punishment meted out to them is no deterrent to prevent them using the same boats again and again to bring in illegal immigrants. It is hoped that this amendment will be an effective deterrent.

Clause 5 of the Bill amends the immigration Ordinance by putting the onus of proof on a person who is charged and who has no valid permit, certificate, pass or any other document or other evidence accepted by the Controller as evidence that he is a lawful resident, that he has entered or re-entered or remained in Singapore lawfully. Under the existing law, the Immigration Department has been handicapped in its work of prosecuting in court those illegal immigrants, who have already entered the State, because it has to prove that they have actually entered Singapore unlawfully and often unless these persons admit that they had entered illegally, it is not possible for the Immigration Department to prove that they had done so.

Sir, the Government has given sufficient indication that it is doing and will do all it can legally, administratively and industrially and through its encouragement of trade expansion to secure the social and economic well-being of its citizens. This Bill, which is aimed at illegal immigration, is another additional means of protecting the economic interests of its citizens and safeguarding their employment opportunities.

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. -[Dr Lee Siew Choh].

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