ENDANGERED SPECIES (IMPORT AND EXPORT) BILL

[Mr Speaker in the Chair]

Order for Second Reading read.

The Senior Minister of State for National Development (Dr Lee Boon Yang) (for the Minister for National Development): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, Singapore acceded to the Convention in International Trade in Endangered Species, otherwise known as CITES, on 30 November 1986. The Endangered Species (Import and Export) Bill 1989 before this House is to enable the Primary Production Department (PPD) to effectively control the trade in endangered species to meet CITES's requirements.

The aim of CITES is the long-term protection of wild fauna and flora. The Convention recognizes that while individual nations are the best protectors of their own wildlife, international cooperation is essential for the protection of certain species of wildlife against over-exploitation through international trade. Sir, in short, wildlife conservation transcends national boundaries.

Singapore shares the concern of CITES member countries for the survival of endangered wildlife. Although Singapore has no indigenous wildlife to protect, being an important port of call and a major trading centre, we are conscious of Singapore's role in helping to control international trade in endangered species. Singapore has, therefore, acceded to CITES. In fact, even before acceding to CITES, we have already on our own initiative taken action to ban the trade in rhinocerous horns, orang-utans and monkey-eating eagles. These three are highly endangered species in our region.

Sir, about 2,400 species of animals and 30,000 species of plants are protected under CITES. These species are listed in the three appendices to the Convention depending on the degree of protection required. With Singapore's accession to CITES, traders have to obtain permits from Primary Production Department for the import and export of these species.

Since our accession to CITES, Primary Production Department, together with the Trade Development Board and the Customs and Excise Department, has been enforcing as much of the CITES's requirements as possible by using existing legislation such as the Wild Animals and Birds Act, the Animals and Birds Act and the Fisheries Act. However, these Acts are intended primarily to deal with disease control, general welfare of animals, and the protection of wildlife in Singapore. They are not enacted for the purpose of controlling trade in endangered species. For example, the Animals and Birds Act empowers PPD to issue licence for the import of animals and birds on the basis of health requirements and not whether the species is endangered. Furthermore, these Acts do not cover trade in molluscs, reptiles, amphibians, insects and plants. These existing Acts also do not provide for powers to require the marking and labelling of certain animal parts and derivatives as spelt out under CITES. They also do not empower Primary Production Department to issue possession licences, another of CITES's requirements. Hence, new legislation are needed to be enacted for this purpose.

Sir, in summary, the Endangered Species (Import and Export) Bill requires any person who wishes to import or export any of the endangered species listed in the three Schedules to the Bill to apply to the Director of Primary Production for a permit. It also empowers the Director to refuse a permit or to issue it with conditions. To facilitate enforcement, the Bill also provides for powers of search and arrest. These provisions will enable PPD to exert effective control on the trade in endangered species.

Sir, I beg to move.

Question proposed.

Dr Low Seow Chay (Chua Chu Kang): ( In Mandarin): Mr Speaker, Sir, I support this Endangered Species (Import and Export) Bill.

As a result of the development of land, pollution of the environment and the relentless and illegal poaching and killing by man for selfish interests, many species of wildlife are facing extinction. From documentary films we see baby sealions with their skins peeled off sprawling over snow-clad landscape. There are people who for the sake of the small rhinoceros horn would kill a big rhino weighing several tons, a species which is also facing extinction. This cruel action is abhorrent to those who love nature.

Although the promulgation of this Act does not mean that such wildlife will be protected, it means at least that we have joined the ranks of those who care for the protection of rare and endangered species, thereby augmenting their ranks.

I recall that not long ago the export of certain tropical fish was criticized by some countries, because this type of provision had not been promulgatedyet. I hope with the promulgation of this Act it may help the trade in the export of tropical fish.

Mr Speaker, Sir, I have read this Bill several times over . I have certain questions to ask the Minister. First, clause 9 states that an authorized officer may without warrant enter and search any place on which he has a reasonable suspicion, while clause 3 states that any public officer may become an authorized officer if he is duly authorized by the Director in writing. In my opinion, this authorized officer may be a junior officer. Nevertheless, he is given such great power to enter and search any place of suspicion without warrant, to the extent of breaking open any door or window. I personally feel rather uneasy about such authorized power. I would like to ask the Minister in cases of abuse of power, whether there is any measure by which there can be a check on such abuse. Further, I would like to ask the Minister whether it would not be better for the officer to apply for a warrant before taking such action, so as to better safeguard the interest of the public.

Second, many Chinese savour exotic game delicacies and take to health food, which include fruits and game like ant-eaters, turtles, lizards, crocodiles, monkeys and snakes, etc. Some food stalls and delicatessens are dependent on trading these animals for a living. In Chinese medicine, body parts of some game animals such as rhinoceros horn, antelope horn, crocodile meat, etc, are used as ingredients. Here in Singapore, there are crocodile farms breeding crocodiles for sale of their meat and skin, some of which are also for export. After the Act is promulgated, what effect will it have on the business of these people?

Dr Lee Boon Yang: Mr Speaker, Sir, first, I must thank the Member for Chua Chu Kang, Dr Low Seow Chay, for his support of this Bill.

Sir, the power to enter, search and arrest without warrant is not unique to the Endangered Species (Import and Export) Bill. Such powers can be found in a variety of other legislations. These include the Animals and Birds Act, Fisheries Act, Environmental (Public Health) Act, Control of Import and Export Act.

May I draw Members' attention to yesterday's Straits Times report, on the front page, of the discovery of an illegal food factory. Sir, I understand that the Environment Ministry officials in this particular case invoked Section 4 of the Sale of Food Act which provides for the power to enter and inspect premises without warrant. I believe timely action is necessary in this case. Such timely actions may well have saved thousands of Singaporeans from serious food poisoning. Therefore, the power of entry, search and even arrest is necessary in such situations.

Why is it then necessary to have it in the Endangered Species (Import and Export) Bill? The reason is that the trade in endangered species is very lucrative. It is well organized and it is carried out surreptitiously. Enforcement authorities must be able to act quickly in order to secure evidence. Any delay in obtaining warrant of arrest may allow the traders to escape prosecution by removing the controlled animals or animal parts.

The Member asked whether such powers will be abused by a junior officer who is authorized under the Bill. Sir, let me give the Member an example. The Animals and Birds Act has been in force for 23 years. It has the same power of entry and search without warrant. The Fisheries Act has been around for 19 years. Similar powers are also provided for. There has not been any abuse of the powers of entry, search and arrest without warrant. I think this is a track record which should reassure the Member for Chua Chu Kang.

Sir, before the powers can be used by the authorized officer, there must be reason to suspect that an offence is being committed under the Act. These powers cannot be used indiscriminately. Suppose one of the authorized officers turns out to be an errant officer, suppose one of them abuses his powers, let me assure the Member that every case of action under these powers will be reported to the Director of Primary Production Department and to the Ministry. Any errant officer, who misused or abused the power granted to him by the Director of Primary Production, will very soon have his wings clipped and put out of action quickly.

Sir, the Member also spoke about the concern of some Singaporeans who have a liking for dining on exotic animals. He also wanted to know what is the impact of this Bill on traditional Chinese cures and medicines. Sir, not all wildlife and animal parts used as Chinese delicacies or for medicinal purposes are endangered species protected by CITES. Certain species of snakes, deer, buffalo and many others are not threatened with extinction and are thus not on CITES' list. Even for species protected by CITES, there are variations in the degree of control. Some species are less threatened and can still be traded, provided they are accompanied by CITES documentations. Hence, the custom of eating certain types of exotic animals is not likely to become an endangered custom, provided these animals are not highly protected.

Sir, in the case of traditional medicine, there has been a steady move towards using alternative or substitutes in Chinese medicines. As I said in my Second Reading speech, even before we acceded to CITES, we have on our own prohibited the trade in rhinoceros horns. The Straits Times reported on the 25th October 1986 that very few Chinese sinsehs are prescribing scrapings of rhinoceros horns to their patients. This has been so since the trade has been prohibited. They have switched to using Siberian antelope horns. This shows that alternatives are readily available for traditional cures. Hence, the Endangered Species Bill will not have an adverse impact on the use of animals and animal products in Chinese cuisine or medicine.

Sir, the Member also wanted to know the impact of this Bill on those who are farming crocodiles or those who sell articles made from crocodile skins. In order to allow crocodile farmers to set up their breeding and rearing programme, Singapore has entered reservations on the two most common farm species of crocodiles in Singapore, namely, Crocodilus porosus and Crocodilus novaguinea novaguinea. Crocodile farmers can, therefore, continue to be able to freely obtain stocks of these crocodiles for breeding and rearing and exporting these crocodiles and their skins.

In fact, farming of wildlife helps to prevent their extinction. For example, the Singapore Zoological Garden has successfully bred 15 out of 28 endangered species in its collection. For this reason, crocodile farmers should make every effort to establish breeding and rearing farms.

Sir, I believe I have covered the points raised by the Member for Chua Chu Kang.

Mr Chiam See Tong (Potong Pasir): Sir, I rise to support this Bill. I must congratulate the Government ---

Mr Speaker: Mr Chiam, can I point out that under the Standing Orders, after the Minister has given his reply, the debate, in fact, has ended. You should have spoken before the Minister gave his reply.

Mr Chiam See Tong: I thought this is important. I just want to congratulate the Government for enacting this law. Because Singapore does not really benefit by enacting a law to be in line with the international law on this matter, ie, to give effect to the Convention of International Trade in Endangered Species.

Mr Speaker: Mr Chiam, I cannot permit you to make a speech at this stage.

The Leader of the House (Mr Wong Kan Seng): Mr Chiam can speak during the Committee stage.

Mr Speaker: All right.

Mr Chiam See Tong: I am much obliged, Sir.

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. - [Dr Lee Boon Yang].

Bill considered in Committee.

[Mr Speaker in the Chair]

Clauses 1 to 22 -

Mr Chiam See Tong: I am much obliged to you, Sir. I support the Bill and, as I said, I would like to congratulate the Government for enacting this law because we really do not economically benefit from it in any way as Singapore has got no endangered species.

Mr S. Chandra Das (Cheng San GRC): One Opposition Member!

Mr Chiam See Tong: Sir, although we derive no economic benefit, we do have a moral duty to make sure that endangered species in other countries are also preserved. I notice in the law that we do not allow the conveyance of endangered species through Singapore. This is a good move. I think we should not be held to be accessories to traders in endangered species.

Sir, I saw a wildlife film last night which was filmed in Australia.

Mr Speaker: Mr Chiam, can I point out that at Committee stage, we are not to go into the principles and the general merits of the Bill.

Mr Chiam See Tong: All right, Sir. I think I have made my point. Thank you.

Clauses 1 to 22 inclusive ordered to stand part of the Bill.

First to Third Schedules inclusive ordered to stand part of the Bill.

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