PENAL CODE (AMENDMENT) BILL

Order for Second Reading read.

4.40 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."

In moving the Arms Offences Bill, I explained the need to introduce legislation to stop the increasing use of firearms in the commission of crime. I also spoke of the urgent need to make use of the element of deterrence to help cut down crime, especially crimes of violence in Singapore.

However, besides firearms, other offensive weapons are also being used in the commission of crime, particularly robberies. Armed with offensive weapons like knives, bearing scrapers or other sharp objects, the robbers would waylay their victims in some quiet street or backlane, or hold them up in their premises, rob them and disappear quickly. Most victims invariably do not resist because they fear injury or being killed. It is well known that these thugs who carry offensive weapons will not hesitate when resisted to cause grievous hurt to their victims.

Our records show that these crimes of violence whether they be armed robbery occurring in the streets, or in taxis, or extortions, intimidations and gang clashes by secret society thugs are on the increase. Hon. Members will remember that not too long ago an example of a blatantly inhuman act was perpetrated by thugs on a boy of 14 years when he was set fire upon after kerosene was poured on him. I understand that this boy is now emasculated and his whole appearance is quite hideous. Our law-abiding members of the public have to be protected from this growing threat of brutal assaults and grievous hurt being inflicted upon them apart from being robbed by these violent thugs.

The Police have the responsibility of ensuring peace and good order of our Republic as well as the personal safety of our citizens. However, in discharging these duties, the Police have often to face dangers of attack and assault from violent criminals. These thugs have no hesitation in using force and violence against the Police when confronted or in resisting arrest. Members may recall the brutal assault on two Police constables by a mob in a firecracker incident in February last year. The constables were discharging their duty to enforce the firecracker ban. One of them was so brutally assaulted and sustained such serious injuries that he now exists almost as a "living vegetable".

Since 1972, a total of 31 Police officers were assaulted by thugs in the course of their duties. Of these, eight Police officers (or 25.7 per cent) were injured or killed by the use of offensive weapons or firearms. Thus apart from our law-abiding members of the public, our law enforcement officers who undertake risks in discharging their duties must also be protected from being brutally assaulted by thugs. There is an urgent need to enhance the penalties for the various offences under the Penal Code so that they will act as a deterrent to offenders from maiming or inflicting hurt on any person whether he is a member of the public or any public officer who is discharging his duty.

Clause 2 of the Bill proposes to increase the maximum punishment for rioting with violence from two years to five years, and caning is made mandatory. Clause 3 further provides that if any arms or offensive weapons are used which are likely to cause death, this offence will be made punishable with imprisonment of seven years and caning, instead of three years and/or a fine presently provided in section 148 of the Penal Code.

Under this Bill any person found guilty of obstructing a public servant from discharging his duties with intimidation or assault will be punished with imprisonment of up to six years, instead of three years as presently provided in section 152 of the Penal Code.

In addition, if the offender inflicts hurt to prevent a public servant from carrying out his duties, he will be punished with imprisonment of up to five years, instead of three years presently provided under section 332 of the Penal Code. He is also liable to be caned for this offence. If the public servant sustains grievous hurt, then the offender will be punished with imprisonment of up to 10 years in addition to caning.

Another important amendment involves offences against the person. Under clause 7 of the Bill, any person who voluntarily causes hurt to another person by the use of dangerous weapons or any corrosive substance likely to cause death will be imprisoned up to five years, instead of three years. If this offence results in grievous hurt to the person, under clause 8 of the Bill he is liable to imprisonment for seven years and caning as well.

The Bill also seeks to make caning mandatory for robbery and robbery with hurt. Under clauses 14 to 16 of the Bill these offences are punishable with caning of not less than four strokes to not less than six strokes in addition to the imprisonment term already provided in the Penal Code. These offences will no longer be punishable by imposition of a fine.

In a robbery, if an offender is armed or uses any deadly weapon to cause grievous hurt or attempt to cause death to any person, the punishment for this offence is increased under clause 19 of the Bill by caning with not less than 10 strokes in addition to the term of imprisonment already provided under the relevant section of the Penal Code.

The penalties for gang robbery are also enhanced. In the Bill any person who commits gang robbery will be punished with imprisonment for life or with imprisonment for a term of up to 10 years. In addition he is liable to be caned with not less than six strokes of the rotan. The provision of fining has also been deleted for this offence.

Where murder is committed in the course of a gang robbery, every one of its members will be punished with death or imprisonment for life, or with imprisonment of up to 10 years. However, if the punishment is other than death, clause 18 of the Bill provides that they be caned with not less than 10 strokes, instead of imposition of a fine as provided in section 396 of the Penal Code.

Sections 401 and 402 of the Penal Code, which provide punishment for persons who habitually commit gang robbery or theft, are amended to provide for mandatory caning in addition to imprisonment. The provision of fining is also removed for these offences.

The punishment for receiving stolen property is also increased. In the Bill, whoever is guilty of this offence is liable to be imprisoned for five years instead of three years as provided in section 411 of the Penal Code. In addition he may be fined for this offence.

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 Chua Sian Chin].

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