MINOR OFFENCES (AMENDMENT) BILL

2.37 p.m.

The Minister for Defence (Mr Lim Kim San): Mr Speaker, Sir, I beg to introduce a Bill intituled "An Act to amend the Minor Offences Ordinance (Chapter 117 of the Revised Edition)."

Bill read the First time.

Second Reading

Mr Speaker: Second Reading, what day?

Mr Lim Kim San: Now, Sir. I lay upon the Table a Certificate of Urgency signed by the President in respect of the Minor Offences (Amendment) Bill.

Certificate of Urgency handed in.

Mr Speaker: The Certificate is in order. Are typed or printed copies of the Bill available for distribution to Members?

Mr Lim Kim San: Yes, Sir.

Printed copies of the Bill distributed to Members.

Mr Speaker: Will Members please note that the copies of the Bill which have just been handed out differ from the copies which have been previously circulated, in that subsection (2) of new section 6 in clause 2 of the Bill has been redrafted.

Mr Lim Kim San: Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, during the Chinese New Year festive season, particularly on Chap Goh Meh, considerable damage to both persons and property was caused by the indiscriminate firing of crackers. A total of 29 incidents were officially reported; 25 persons were injured out of whom six died, one is still warded in hospital, while the remaining 18 have been discharged. Nine houses were damaged by fire and the total estimated value of the damage is assessed at $560,390. The loss of lives and the extent of damage have thus rendered it expedient and necessary to amend existing legislation on the subject.

Although cracker firing has been totally banned in countries like Hong Kong, West Malaysia and Indonesia, it is not our intention to place a total ban on the discharge of fireworks. We intend instead, to enforce very strict control over those who indiscriminately indulge in such activities without due regard to persons or property. Patterns of social behaviour must of necessity keep step with changes in standards and living conditions if grievous consequences to all are to be avoided. Where civic-responsibility and social-consciousness are lacking, human behaviour has to be regulated by means of social legislation. Much as we dislike to inhibit the enjoyment of some, the present amendment to the Minor Offences Ordinance has to be made if we are to prevent a repetition of the disastrous events on Chap Goh Meh.

At present, section 6 of the Minor Offences Ordinance, which came into force in 1966, does not prohibit the letting off of fire crackers unless specifically prohibited by the Deputy Commissioner of Police in the Gazette. It is now proposed to amend section 6 of the Ordinance to revert to the position before 1966, and to resuscitate the original regulations relating to the control, and firing of fire crackers. That is to say, there would not be a total ban on the discharge of fireworks but a general prohibition will be introduced which may be lifted by way of a Gazette Notification from time to time or by the issuance of licences for personal or other reasons to individuals or public bodies by the Deputy Commissioner of Police or his authorised representative. Such orders or licences may relate not only to specified dates, times and places wherein fireworks may be discharged, but also to particular types of fireworks that could be discharged or other conditions that the Deputy Commissioner of Police may deem it necessary to impose.

Administratively, for the purposes of implementation of the law, private persons or public bodies granted licences to let off fireworks under the Act will be identified by the use of special flags, pendants or other means to be displayed in those areas which are designated. The Police will charge a fee for the issue of such licences.

It is also expressly provided that no order published or licence issued under the Act shall be held to relieve any person or body from liability in the event that any damage, loss or injury to persons or property is occasioned by the discharge of fireworks.

The penalty for an offence under section 6 of the Act has been enhanced from a fine not exceeding $100 or imprisonment for a term not exceeding one month to a fine not exceeding $500 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

Sir, I beg to move.

Question proposed.

2.45 p.m.

Mr Ng Kah Ting (Punggol): Mr Speaker, Sir, this Bill, tabled on a Certificate of Urgency, is the direct result of several deaths and considerable damage to property caused by cracker explosions and fires which broke out in some parts of the Republic during the recent Chap Goh Meh celebrations. We all agree that on festive occasions, one has a right to rejoice. To express joy and happiness, several forms of celebrations are planned and held, one of which is to let off crackers galore. This is especially true on Chinese New Year, Hari Raya Puasa and other festive occasions. But more so on Chap Goh Meh when long strings of crackers, strung up several storeys high, are let off in many parts of the city. So-called "cracker wars" are held and, as a result, thousands of dollars are literally burnt away. Whoever wins a war of this nature gains, in fact, nothing. On the contrary, I believe he is poorer by several hundreds or maybe thousands of dollars, though he may believe that he will be prosperous as a result of firing crackers.

Sir, clearly there was some form of carelessness or indiscriminate throwing of crackers, resulting in outbreaks of fire and bringing misery and untold hardship to others. I felt deeply disgusted and aghast when I read in the papers of the deaths and of those who suffered burns in the Chap Goh Meh disaster. That was senseless and, therefore, the timely appearance of the Minor Offences (Amendment) Bill will, I hope, bring home some sense to those who are responsible for such deaths and suffering.

This Bill has my full support. But I wish to seek clarification on two points. Firstly, the Deputy Commissioner of Police is empowered to issue orders by a Gazette notification authorising the discharge of fireworks on certain fixed days during certain fixed hours and within certain defined areas. Sir, I do not know whether the defined areas are going to be workable in the light of the Minister's explanation. I feel that it will not work in the city as there is hardly any open space except in the parks. Therefore, those who wish to let off crackers must forgather there "to fight it out", so to say. And will they or will they not agree that such defined areas will eventually be littered with cracker paper? I feel that they will. If so, who is to clear up the mess, especially if the fireworks are let off in the parks or fields? Sir, will it not be better to have the firing of crackers carried out under controlled conditions? For example, I would suggest that the Government consider a total ban on the firing of long strings of crackers and only approve the firing of smaller packets of crackers. But even so, this also poses attendant problems, especially for those living in Housing and Development Board flats and other high-rise buildings.

Secondly, will the Minister not consider the setting up of a committee or committees with a view to calling on those who wish to let off crackers during the festive seasons to donate the money instead to charitable and welfare organisations? I am sure this will bring real happiness all round. After all, occasions like Han Raya Puasa, Chinese New Year and Deepavali, to name a few, mean joy and happiness to the people in general. Therefore, by contributing generously on such occasions to charity, those in receipt of it will be all the happier for it.

Sir, I beg to support the Bill.

2.52 p.m.

Mr Ang Nam Piau (Thomson): (In Mandarin): Mr Speaker, Sir, the firing of crackers to celebrate certain festivals and on certain auspicious occasions is a habit as well as a custom of the Chinese. In recent years, the people of Singapore, irrespective of their race, creed, faith and language, have been living in close contact and harmony with one another. So under this influence not only do the Chinese celebrate their festivals and auspicious occasions by firing crackers but other races also resort to this means to celebrate.

The Minister for Defence has introduced this amendment Bill which will inconvenience and embarrass those people who want to fire crackers, and put them in some sort of difficulty. When this Bill is passed into law, the firing of crackers will be prohibited and there will not be liveliness and merry-making during festivals.

Sir, this is the first time that the firing of crackers has caused deaths and loss of property in Singapore. I think this Bill may lead to abuse and to other unpleasant consequences. For instance, at the meet-the-people sessions, there will be crowds of people complaining to Members of Parliament about the banning of the firing of crackers and about matters regarding the issue of licences. I think the Minister himself will also meet with this kind of situation.

In view of the recent incidents, what we should do is to look into the causes of these incidents and study whether the manufacture and the contents of fire crackers have been against our laws. This is the first time such incidents happened in Singapore. This is also the first time that the people of Singapore resorted to the purchase of locally-produced fire crackers and the manufacturers had been working round the clock to meet the local demand. In this respect, I would like to ask the Minister whether the department concerned has analysed the contents of the various brands of fire crackers. I feel that imported fire crackers should not be banned, but investigations should be made into the causes of the incidents.

2.57 p.m.

Mr P. Govindaswamy (Anson): (In Tamil): Mr Speaker, Sir, this amendment Bill has been introduced at a very opportune moment. I have been living in Singapore for the last 42 years. On every festive occasion, fire crackers are let off. But only this year were there disastrous consequences of cracker firing, and the Minister should investigate into the incidents. We should look into the cause of the trouble. It seems somebody burned a house down because it was bug-infested.

Laws are made for the welfare of the people. But the penalty imposed by this Bill is rather excessive. The maximum penalty is $500. All festive occasions are celebrated by cracker firing. Therefore, there should be a provision in the law that crackers may be let off during festive occasions. We must find out the reasons why crackers are let off. In the past, crackers were let off without harmful consequences. Why is it that crackers are let off indiscriminately nowadays with loss of lives and damage to property? We must look into the manufacture of the crackers and see what substances are used.

I commend this piece of legislation. But I must repeat that the penalty is excessive. Some children may let off crackers indiscriminately, and where are their parents going to find the money to pay for their offences? Therefore, I would say that the provisions in the Bill should be re-examined. It should be sent to Select Committee.

2.59 p.m.

Mr Lee Teck Him (Ulu Pandan): (In Mandarin): Mr Speaker, Sir, I have been firing crackers ever since I was a boy. I am now 66 years old and I still fire crackers. However, I have never injured myself and I have never heard of any deaths caused by the firing of crackers. Therefore, we must look into the reasons why the firing of crackers can cause deaths and injuries. We should not impose a total ban on cracker firing. It is not right to do so. For example, the Minister for Science and Technology will be going to Ulu Pandan very soon to officiate at a certain ceremony, and crackers will be let off in his honour. We will have to fix a place for the firing of crackers. This is not very convenient. Therefore, I am totally against this provision in the Bill. We should allow people to choose their own places to fire crackers. It is not right for Government to fix a place for people to fire crackers. We must allow them the freedom to fire crackers whenever and wherever they like. We must not be like children and do whatever we like.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. -[Mr Lim Kim San].

Bill considered in Committee.

[Mr Speaker in the Chair]

3.01 p.m.

Clause 1 ordered to stand part of the Bill.

Clause 2 -

Question proposed, "That clause 2 stand part of the Bill."

Mr Ng Kah Ting: Mr Speaker, Sir, just now several Back-benchers have made some comments on the Bill and I hope the Minister will reply.

The Chairman: The Minister will do so now.

Mr Lim Kim San: Mr Speaker, Sir, of the four speakers, two of them fully support the Bill, one is against it, and one, not understanding the purpose of the Bill, is probably neither for nor against it. I do not know what his stand is. Anyway, I will take the two points raised by the Member for Punggol. He seeks clarification on what is meant by "defined areas". In this respect, I wish to seek the assistance of all Members of Parliament, the management committees of the respective community centres, and the Citizens' Consultative Committees, in helping to find suitable areas for the letting off of crackers during festive occasions. The Deputy Commissioner of Police will then be directed to specify those areas for the firing of crackers which Members of Parliament, with members of their own constituencies, have decided upon.

Mr P. Govindaswamy: On a point of clarification, Sir.

The Chairman: Is the Minister prepared to give way?

Mr Lim Kim San resumed his seat.

Mr P. Govindaswamy: Mr Speaker, Sir, people celebrate their New Year or other festivals in their respective homes. How can they celebrate them in the community centre or other open places? Can the Minister answer that?

Mr Lim Kim San: I believe the Member for Anson supports the Bill and he wants the firing of crackers to be controlled. That is the only way we know of controlling it. If we allow everyone to fire crackers freely and indiscriminately in their own homes, we will have a repetition of what has happened. I hope that clarifies the point the Member has made.

Of course, it would be preferable if, out of their own feeling for the community and out of civic consciousness, those who participate in firing crackers in the specified areas will do the cleaning up of the areas themselves. I am sure my colleague, the Minister for Health, will have his burden relieved, especially during the Chinese New Year, if those who indulge in firing crackers help to clear up the area.

The Minister for Health (Mr Chua Sian Chin): Hear, hear!

Mr Lim Kim San: I hope there will be a large proportion of the public who will heed the call of the Member for Punggol, and, instead of spending their money on the futility of firing crackers or engaging in a fire-cracker war, donate their money to charity or to the Defence Fund. Mr Speaker, Sir, in moving the Second Reading of the Bill, I did mention that if there is no social consciousness in the habits of the people, we have to regulate their behaviour by social legislation. This is exactly what has happened here. Those who indulged in firing crackers during the Chap Goh Meh festival showed a lack of responsibility and social consciousness and, as a result, six people lost their lives. One person is still warded in hospital. I do not know whether the Member for Ulu Pandan is very happy when people are able to fire crackers whilst others die. If that is his idea of celebrating an occasion, then I think we have got to change his idea, before it is too late-

Mr Lee Teck Him: (In Mandarin): Sir, let me make my points clear. The Minister for Defence said he did not understand what I said just now. He said it was futile to fire crackers. However, in the past whenever the Prime Minister toured the constituencies and the Ministers went to the rural areas, they were welcomed by the people there by the firing of crackers. I would like the Minister to withdraw what he has said just now.

Mr Lim Kim San: Mr Speaker, Sir, perhaps the Member for Ulu Pandan is not aware that, as a result of one of the many welcoming receptions that Ministers had in which a lot of crackers were fired, some of us have suffered from deafness because of the noise. I for one find it difficult to hear with my left ear just because on one occasion the welcome was most uproarious indeed.

The point I want to make is this. Do we want to allow a few irresponsible persons to celebrate a festive occasion in such a way that it can cause damage and endanger the lives of the majority of the people? I think, by and large, the feeling is that we should not allow such a dangerous practice to continue. It may be that the incidents that happened during Chap Goh Meh may have been the result of faulty manufacture of the fire crackers. On that score, we are taking legal action to see that those who manufacture fire crackers and do not conform to the safety regulations required for their manufacture will be prosecuted. Incidentally, Mr Speaker, Sir, before I conclude, I would like to draw the attention of Members to page 3 of the Bill in which it says:

'(7) For the purposes of subsections (1) to (5) of this section, the expression "firework" or "fireworks" includes "fire crackers and sand crackers.".'

Question put, and agreed to.

Clause 2 ordered to stand part of the Bill.

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