PUNISHMENT OF KIDNAPPING BILL

Order for Second Reading read.

5.45 p.m.

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

This Bill is the strongest manifestation yet of the Government's determination to wipe out evil perpetrators of the offence of kidnapping for ransom and to create a situation whereby the payment of ransom money is made so difficult that, on the one hand, it will deter potential kidnappers from risking their necks without the certainty of gain and that, on the other hand, it will encourage victims and their families and agents to be more resolute in their co-operation with the Police in tracking down and arresting these evil-doers. Nothing makes the kidnapper feel more secure and become bolder than the knowledge that most victims and their relatives are tongue-tied during negotiations whilst the victim is in captivity and even after payment of ransom through fear of possible reprisals instilled into them by these kidnappers, who cleverly use this psychological weapon to good advantage. At heart, the kidnapper is a cowardly adventurer, who banks on the wall of silence built by his victims to protect him from the forces of law and order.

The introduction of this Bill - a similar Bill has also been introduced by the Federation Government - does not mean that the Government has not been taking strong and effective action to combat this kidnapping menace, which has reared its ugly and evil head in recent years and caused alarm and nervousness especially among the wealthy merchants and businessmen. Indeed since this Government came to power, substantial results have been achieved. Not only were protective and preventive measures carried out, but as a result of intensive and painstaking investigations by the Police, a number of kidnapping gangs were broken up, several thugs and gangsters involved in kidnapping detained under the Criminal Law (Temporary Provisions) Ordinance, some kidnappers convicted in Court and the notorious gangster and kidnapper, Oh Kim Kee, whose short reign of terror was largely due to the conspiracy of silence between him and his victims, was shot dead and his accomplices captured. Much of this was achieved by the efforts of the Police themselves, despite the reluctance on the part of many victims and their relatives and agents to talk or co-operate with the Police. Nothing is more frustrating to the Police than to find their efforts to help the very people who need help badly, bogged down by the tight-lipped silence and blank stares of those who have only to open their mouths to bring about quick retribution to these evil-doers. But much more could have been achieved and ought to have been achieved and better results obtained, if there had been the will to resist and sincere co-operation with the Police manifested. The Government is determined to wipe out the kidnapping menace and it is hoped that the wide powers in this new legislation will be fully appreciated by the public who should show more public-spiritedness and wholehearted co-operation with the Police in the onslaught against crime.

Sir, at present, under the existing provisions of the Penal Code, there is no suitable punishment of treating kidnapping for ransom as an aggravated form of ordinary kidnapping or abduction. Under this Punishment of Kidnapping Bill, each element of kidnapping is made punishable. As you are aware, Sir, the elements of kidnapping are abduction plus wrongful restraint or wrongful confinement, and, under this Bill, each of these elements is punishable, if it is perpetrated for ransom. Clause 3 of the Bill makes it an offence for a person to abduct, wrongfully restrain or wrongfully confine any other person with intent to hold such person for ransom, and, on conviction, he shall be punished with death or imprisonment for life and, if the sentence is imprisonment, he shall be liable to caning. Clauses 4 and 5 make the receiver of ransom money or property, knowing that such money or property has been given as ransom, and the person who negotiates to obtain ransom for the release of any person abducted or wrongfully restrained or confined, to be guilty of offences and liable, on conviction, to a term in prison not exceeding ten years and also to caning. Provision is also made in clause 5 for any person who knowingly negotiates to pay or pays or provides funds for the payment of any ransom to procure the release of any person, who has been wrongfully restrained or wrongfully confined, to be guilty of an offence punishable with imprisonment for a term not exceeding seven years and also liable to a fine.

In clause 6 of the Bill, power is given to the Public Prosecutor to order any bank to freeze any banking account, where he is satisfied that the money may be withdrawn for the payment of any ransom for the release of any person, and it makes a manager or a banker, who fails to comply with an order of the Public Prosecutor, guilty of an offence.

Clause 7 (Public Prosecutor's power to order inspection of books, accounts, receipts, vouchers or other documents by the Police), clause 8 (Public Prosecutor's powers to obtain information), clause 12 (evidence of accomplice not to be deemed unworthy of credit because he has paid or negotiated to pay ransom), clause 13 (evidence of pecuniary resources or property, disproportionate to his known income) and clause 14 (protection of informers) are provisions taken from the Prevention of Corruption Ordinance, No. 39 of 1960, and are included in the Bill, as it is considered that they will facilitate investigations into the offences under this Bill.

Clause 9 of the Bill makes it the duty of any person, who is aware of the commission or of the intention of any person to commit an offence under this Bill, immediately to give that information to a police officer; and this clause also provides for the punishment of any person who fails to give such information to a police officer. Provision is made in clause 10 of the Bill for the Public Prosecutor to authorise any police officer to intercept any article sent by post or any messages sent by telegraph or to listen to any telephone conversation if he is satisfied that such communication is related to the payment of ransom for the release of a person who has been wrongfully restrained or wrongfully confined.

Clause 11 of the Bill provides that all offences under this Bill shall be deemed to be seizable offences for the purposes of the Criminal Procedure Code.

Sir, the introduction of this Bill will, it is hoped, achieve its desired purpose and deter criminally-minded kidnappers from kidnapping persons for ransom. It will be noted that the death sentence is not mandatory but is only provided as an alternative to life imprisonment, and this is similar to the punishment provided for using or attempting to use, arms under section 4 of the Arms Offences Ordinance. This Bill should be regarded as a stern warning that kidnapping does not pay. Should there be any future kidnapping case, it could become an appointment with death or an invitation to life incarceration for the kidnapper.

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 Ong Pang Boon].

Bill considered in Committee.

[Mr SPEAKER in the Chair]

6.00 p.m.

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

The Chairman: I propose to take all the remaining clauses together, unless any Member indicates he wishes to speak on any particular clause.

Mr Thio Chan Bee: I wish to speak on clause 6.

The Chairman: I will take clauses 4 and 5 then.

Clauses 4 and 5 ordered to stand part of the Bill.

Clause 6 -

Question proposed, "That clause 6 stand part of the Bill."

Mr Thio Chan Bee: Mr Speaker, Sir, this particular clause, if fully carried out, might result in great hardship to the workers. Sir, if it happens that the particular person kidnapped is the head of many organisations and the owner of many factories, according to this clause, Sir, his accounts in the various banks will be frozen and there will not be the wherewithal to pay the workers. Supposing the workers are on weekly wages, Sir, then they may, have to wait for a week, or two weeks, or three weeks to get their pay. Surely it is not the intention of the Government that the wages of workers should remain unpaid. But according to this clause, while the account is frozen, there is no way of paying the workers.

Mr Byrne: Surely, Mr Speaker, Sir, the Member for Tanglin is not all that innocent about the business practices amongst the big businessmen in Singapore. Mr Speaker, Sir, if their money is frozen, all they have to do quite easily is to raise a loan from other businessmen. Once they get that loan, they can pay the workers. And when their money is unfrozen, they can pay off the other businessmen by and by.

Mr Rajah: Mr Speaker, Sir, I had hoped that the Minister would say that in such a case he would go to the assistance of these unfortunate persons, and allow the bank to have the wages paid rather than force those unfortunate individuals to raise a loan in the market at eight per cent.

Tun Lim Yew Hock: There is a further point, Sir. If anyone helps anybody who is already kidnapped, he himself, Sir, may be facing a seven-year term of imprisonment!

Mr Ong Pang Boon: Mr Speaker, Sir, I am sure it is not the intention of the Government to cause any suffering to any worker as a result of this Bill. This Bill is directed at those who refuse to co-operate with the Police but with the kidnappers. If a case could be made out to the Public Prosecutor by the manager of any of those concerns belonging to the kidnapped victim, then I am sure the Public Prosecutor is not so unreasonable as to refuse money to be drawn for the purpose of paying wages to the workers.

Question put, and agreed to.

Clause 6 ordered to stand part of the Bill.

Clauses 7 to 14 inclusive ordered to stand part of the Bill.

Bill reported, without amendment; read a Third time and passed.