PASSPORTS BILL

Order for Second Reading read.

9.36 p.m.

The Minister for Home Affairs (Prof. Wong Lin Ken): Sir, I beg to move, `That the Bill be now read a Second time."

Members will recall that in the Parliamentary sitting of 4th November this year, my colleague, the Minister of Defence, had announced in a Ministerial statement that it is the intention of the Government to allow children of parents who wish to send them abroad for secondary education to leave the country. However, the Government requires adequate safeguards from such parents that the children will be sent home to discharge their national service obligations to the country. Passports will not be issued unless parents provide adequate security in cash bond or bank guarantee that when their children reach their 18th birthday, they will return to Singapore to do full-time national service. If the children fail to return, the bond will be forfeited, and the Government will take steps to bring them home. In the new enlistment policy, no distinction will be made with respect to students at home and abroad, when they reach the age liable for national service. Neither will deferment nor exemption be granted on the grounds that they have been placed in institutions of higher learning except for 25 per cent of the H.S.C, students who may proceed next year to the local universities on the basis of ballot. My colleague, the Minister of Defence, has already explained the rationale for the new enlistment policy.

It will be recalled that there was public outcry that the rich had sent their children abroad to dodge national service. Since July this year, the Immigration Department has not issued passports to boys below l6« years for purposes of secondary schooling abroad. The result has been public criticism against the Government.

The Government has reviewed the policy of total refusal of granting of passports and has come to the view that it is unduly restrictive. There may be parents who quite honestly believe, although I think they are quite mistaken in their belief, that their children will be better equipped in life if they receive their education abroad than at home. There is also genuine public demand that those who can afford to send their children abroad for secondary education should not take advantage of their wealth to provide their children with opportunities to avoid their national service liability. The Government endorses this position.

However, it is equally inequitable to impose a total ban on the issue of passports as to leave unremedied an avenue by which those who so desire can utilize their wealth to enable their sons to dodge national service. A rational solution to the problem must allow those who wish to send their children abroad the opportunity to do so but also impose a penalty on those who exploit the opportunity to save their children the burden of national service, which should be borne by all, without distinction as to social classes For this reason, the Government has planned to introduce a scheme of bonding students on overseas schooling, the operation of which makes it possible to lift the restriction on the issue of passports and to provide sanctions against those whose ulterior motive is to avoid national service.

The Passports Ordinance (Chapter 103), which the Passports Act, 1970, seeks to replace, is an archaic piece of legislation, originally introduced half a, century ago. It does not provide a statutory basis to enable the Minister in charge of Immigration to make regulations governing the issue, renewal or refusal of passports, particularly to meet the requirements of the bonding system.

The Passports Ordinance (Chapter 103) cannot be neatly amended to provide for such statutory power. For this technical reason, the Passports Act, 1970, has been introduced. Advantage has been taken to remedy certain defects, in the existing Ordinance. At present, the Minister in charge of Immigration may invalidate, cancel or withdraw a. passport already issued to a person, but neither an immigration nor a police officer has legal power to recover the passport if the holder refuses to surrender it. In such an event, the holder can still use the passport, despite the fact that the Minister has declared it to be invalidated or cancelled. Legal power for impounding or re-possessing a passport is, therefore, essential if the order made by the Minister to invalidate or cancel a passport is to be made effective.

Sir, in the present Bill, the Minister will be empowered to remedy this deficiency. In addition, the Bill incorporates the various actions for which the Minister may, at present, make regulations under section 2 of the existing Passports Ordinance. When regulations are made, they will be published in the Gazette and presented to this House in accordance with clause 3 of the Bill.

Clause 4 of the Bill provides for all fines imposed, and all monies forfeited, and recovered under the Passport Regulations made under this Bill, to be paid into the Consolidated Fund.

Clause 5 of the Bill provides that a passport or any visa, renewal or endorsement, issued or granted immediately prior to the commencement of this Act, shall continue in force, unless cancelled under the provisions of any regulations of the proposed Act. Finally, clause 6 repeals the existing Passports Ordinance (Cap. 103).

It is intended that the Passport Regulations made under this Bill will come into operation early next year.

Sir, earlier I have explained that the immediate objective of introducing this Passports Act is to empower the Minister in charge of Immigration to set up a scheme for bonding boys sent overseas for secondary education. It is obvious that the scheme must necessarily be tailored to meet the enlistment policy of the Ministry of Defence.

Under the bonding scheme, all male citizens born on or after 1st January, 1949, and liable for national service, will be subject to the requirement of a bond if they wish to proceed overseas for studies, if they have not already completed their national service obligation.

Those above the age of 16« years will be granted an exit permit, subject to their parents' or guardians' furnishing a cash bond or banker's guarantee, that these boys will return to serve national service on their reaching the age of 18 years, or the scheduled date of completion of their respective stages of studies, whichever is the greater. The amount of cash bond or banker's guarantee is graduated according tolines of the graduated scheme have already been worked out.

Under the scheme, guarantors are divided into three categories. Under category "A" are the employees of government, statutory bodies or educational institutions. The amount of guarantee required is $20,000 or the total gross income declared in the income tax return of the preceding year, whichever is the greater.

Under category "B" are employees in the private sector, excluding managerial, executive, professional and related personnel. The guarantee required of them amounts to $30,000 or the total gross income declared in the income tax return of the preceding year, whichever is the greater.

The third category includes all others excluded in the other two categories. The amount required of these persons is $50,000 or the total gross income declared in the income tax return of the preceding year, whichever is the greater.

The Immigration Department will issue passports to male citizens above l6« years on presentation of valid exit permits. It will issue passports to boys, 11 to l6« years old, on the same conditions as those required of boys above 16« years.

All those in the two age groups now studying abroad will be bonded in the same way.

The bonding scheme will exempt those awarded scholarships by the Public Service Commission, the Government, and statutory boards, and those awarded prestigious scholarships endorsed by the Public Service Commission, e.g., the Rhodes and Fullbright awards. Exempted also are those who leave the Republic for not more than six months for holidays and other purposes, those who have discharged their national service obligations, and those not required for full-time or part-time national service for a variety of reasons.

An Appeals Committee will be set up with powers to deal with appeals made by parents whose boys are already abroad, should they feel they are unable to meet the guarantee requirements. The Committee will be empowered to waive in full or in part the bond, depending on the merits of each individual appeal. The Appeals Committee, however, will not consider current applications for overseas schooling.

Sir, this Bill will not involve the Government in extra financial expenditure.

Sir, I beg to move.

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. - [Prof. Wong Lin Ken].

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