CRIMINAL LAW (TEMPORARY PROVISIONS) ACT (Period of detention)

[Mr Speaker in the Chair]

Mr Ho See Beng asked the Minister for Home Affairs (a) what is the maximum period of detention for a person held under the Criminal Law (Temporary Provisions) Act; (b) whether a period of five years' detention of a suspect is adequate for the purpose of rehabilitation; and (c) whether he will consider, on humanitarian grounds, the plea of a detainee with good conduct for an early release to go abroad for further study.

The Minister for Home Affairs (Mr Chua Sian Chin): Mr Speaker, Sir, there is no stipulation in the Criminal Law (Temporary Provisions) Act of a maximum period of detention. But all detentions under the Act are for a period of 12 months initially. Orders of Detention can, however, be extended for periods not exceeding one year at a time. A Review Committee reviews all cases to assess whether a detainee should be released. The Committee takes into consideration the gravity of the criminal activities the detainee was involved in, his conduct in prison and his response to rehabilitation. As soon as he is found to have been suitably rehabilitated, he is released from detention.

It is difficult to specify what period of detention would be adequate for the purpose of rehabilitation. Each case will have to be considered on its merits. Generally, first offenders will be released earlier than hardened criminals.

Education is part of the rehabilitation programme for the detainees who wish to study. Some of them have earned GCE 'O' and 'A' level certificates through studies during detention. If a detainee requests to be released early in order to pursue his studies abroad, his request will be considered by the Review Committee. So far, there has been one such request and it was granted.

Mr Ho See Beng (Khe Bong): Mr Speaker, Sir, a supplementary question. Would the Minister like to comment on this? His predecessor's predecessor at one time said that he never held any person under the Criminal Law (Temporary Provisions) Act for more than three years.

Mr Chua Sian Chin: Sir, I do not know under what circumstances my predecessor's predecessor made that statement. But the point is this. I would not like to make a general comment on this matter as it is quite clear in my answer to the Question that each case must be treated on its own merits. In other words, a first offender could be detained for a shorter period whereas a hardened criminal would be detained for a longer period. Of course, the length of detention would depend on the progress of the rehabilitation of the detainee.

Dr Augustine H.H. Tan (Whampoa): Sir, would the Hon. Minister also consider the plea of a detainee with good conduct for an early release to study further in Singapore?

Mr Chua Sian Chin: Mr Speaker, Sir, as I said, we have facilities in the prison where a detainee can study in peace and quiet. Some of them have done so and have attained GCE 'O' and 'A' levels. If the Member for Whampoa is asking about further study in the university, we have no university facilities in the prison, but if there is such a case we will consider it.