IMMIGRATION (AMENDMENT) BILL

Order for Second Reading read.

4.00 p.m.

The Minister for Health and Home Affairs (Mr Chua Sian Chin): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Under section 56 (1) (c) of the Immigration Act, any person who engages in the business or trade of conveying to Singapore in or on any vessel, aircraft or vehicle, any person whom he knows or has reasonable grounds for believing is a prohibited immigrant, is guilty of an offence. This is an offence of trafficking in illegal immigrants.

It is, however, extremely difficult to secure convictions under this provision because of the difficulty in adducing evidence to prove beyond reasonable doubt that the defendant is engaged in the business of trafficking illegal immigrants to Singapore. Between 1970 and June 1973, of the 88 traffickers arrested only 35 were prosecuted in court. The other 53 were not charged because it was not possible to adduce the amount of evidence required for a conviction in court.

In order to facilitate proof, clause 2 (c) of the Bill therefore seeks to introduce a legal presumption to provide that where, in any proceeding for an offence of trafficking, it is proved that the defendant has conveyed any prohibited illegal immigrant in or on any vessel, aircraft or vehicle, it shall be presumed, until the contrary is proved, that the defendant is engaged in the business or trade of conveying to Singapore prohibited immigrants.

The penalty for trafficking illegal immigrants under the existing law is imprisonment for a term of two years and a fine not exceeding $4,000. Further a person who enters Singapore illegally and any person who abets his entry or harbours or employs him is liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding $4,000 or to both such imprisonment and fine. These penalties under the present law are manifestly inadequate especially for traffickers who prey on these illegal immigrants.

As a result, the number of illegal immigrants arrested since 1969 has been increasing. The numbers arrested in 1969, 1970, 1971 and 1972 were 902, 1,128, 1,002 and 1,554 respectively. In the first half of this year, that is, from January to June 1973 alone, there were 1,086 illegal immigrants arrested. These figures, however, do not reveal the true position as there are most probably many more illegal immigrants who have up to-date remained undetected.

Mr Speaker, Sir, the purpose of the Immigration (Amendment) Bill is to give more teeth to the law so that it will be a deterrent especially to traffickers and to those who abet another person to enter Singapore unlawfully, or to harbour or employ illegal immigrants. We must enhance penalties to ensure that it does not pay especially to traffic in illegal immigrants.

Clause 2 (a) (i) of the Bill therefore seeks to increase the penalties for traffickers to imprisonment for a term of not less than two years and not more than five years and to a fine not exceeding $10,000 and to caning. Thus for the offence of trafficking, a minimum sentence and mandatory caning are introduced for the first time.

The punishment for any person who enters unlawfully, or any person who abets his entry or harbours or employs him, is raised to imprisonment for a term not exceeding two years or to a fine not exceeding $6,000 or to both such imprisonment and fine. This is provided for in clause 2 (a) (ii) of the Bill.

At the Committee stage I shall be moving a further amendment to sections 2 and 49 of the Immigration Act. This amendment is to provide for the seizure, detention and forfeiture of vehicles used in the commission of any offence under the Immigration Act. This is necessary because under existing provisions, although there is power to seize, detain or forfeit vessels below 75 tons used in the commission of any offence under the Act, there are no similar provisions for vehicles. And traffickers have been known to use vehicles to convey illegal immigrants at the point of entry into Singapore to places of hiding and shelter. This amendment will be an additional deterrent against trafficking of illegal immigrants.

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. -[Mr C/ma Sian Chin].

Bill considered in Committee.

[Mr Speaker in the Chair]

4.09 p.m.

Clauses 1 and 2 ordered to stand part of the Bill.

New Clause A - "Amendment Section 2 of the Immigration Act is of hereby amended by inserting immediately section 2 after the definition of "transportation company" appearing therein the following new definition: - ""vehicle" means any vehicle whether mechanically propelled or otherwise;".".-[Mr Chua Sian Chin].

Brought up, and read the First time.

Clause read a Second time and added to the Bill.

The Chairman: This new clause A is to be inserted immediately after clause 1.

New Clause B - "Amendment Section 49 of the Immigration Act is of hereby amended - section 49 (a) by inserting immediately before the word "vessel" appearing in subsections (1), (2), (3), (4), (5) and (6) thereof the words "vehicle or"; and (b) by inserting immediately before the word "vessels" appearing in the marginal note thereto the words "vehicles or".".-[Mr Chua Sian Chin].

Brought up, and read the First time.

Clause read a Second time and added to the Bill.

The Chairman: This new clause B is to be inserted immediately after new clause A. A consequential amendment will, therefore, be made to renumber clause 2 as clause 4.

Bill reported with amendments; read a Third time and passed.