Amrin Amin
Singapore
“The Police have taken this very seriously and have taken stern measures. The law is quite strict on this and I think it is adequate deterrence for those who persist in such conduct. We have, in addition to the law, also taken complementary measures such as advisories and various other measures.”
“The Police take a serious view of all reports of falsehoods regarding the COVID-19 situation, including those that claim “partial lockdown”, as these may cause public alarm. The Police will investigate such cases and take firm action against the culprits.”
“The offences under the Miscellaneous Offences Act and POFMA while similar, involve different elements which the prosecution is required to prove. Every case of communication of false message is assessed based on the findings rising from investigations and the Public Prosecutor exercises his discretion on the most appropriate charge.”
“Police operational deployments are confidential and are driven by an assessment of the law and order situation. The Police deploy a significant number of Auxiliary Police Officers and Security Officers to patrol Little India during peak periods such as weekend nights, eve of Public Holidays and Public Holidays.”
“The Government has announced legislation that will allow entities, including societies, to adopt prescribed alternative arrangements so that meetings can be conducted in a manner compliant with the safe distancing measures announced on 24 March 2020.”
“Patrol deployment plans are calibrated based on the crime trends as well as the crowd footfall. We note the Member's feedback but just to let the Member know, the patrol team does patrol common areas as well as specific areas of concern.”
The complete record
Every one of 359 lines we hold for Amrin Amin, in date order, each linked to its source. Free to read, in full, without an account. Page 2 of 8.
“Assoc Prof Walter Theseira asked whether officers who have low risk appetite may be allowed to transfer their INVEST Funds as they vest to their CPF accounts. CPF and INVEST have different structures, rules and entitlement terms. In the case of CPF, members can use their CPF savings in their Ordinary Accounts for housing investments and education, subject to the terms and conditions. Usage of funds is not contingent on the change in employment or specific rules set by the employer. In contrast, the INVEST monies are paid to the officer only upon satisfaction of conditions, such as satisfactory conduct and completion of service. Officers can choose from three INVEST plans during service. Upon retirement, officers can top up their CPF accounts with INVEST monies subject to CPF limits and rules, or they can choose to invest in other financial products available in the market. Assoc Prof Walter Theseira asked the Ministry to periodically review the investment strategies and investment plan choices by officers and to structure the default investment choices in such a way as to meet the needs of the majority of the officers. Under the INVEST Plan, there are three investment options, namely, the Stable, Balanced and Dynamic Plans and officers can choose from the three Plans to suit their personal circumstances, financial needs and appetites towards risk. Each Plan has its own risk return objectives and the Plans' performance is communicated to officers. As their circumstances change, officers can change Plan over the course of their career. MHA conducts reviews on investment choices as part of ongoing studies on industry best practices. MHA has been reviewing a lifecycle plan and is considering whether to introduce it as a new investment plan option for officers.”
“MHA has also recently launched a career transition resource portal to provide officers with information on the different industries, job opportunities, career events and workshops. MHA offers one-on-one career coaching sessions to officers to guide them on their career transition journey. We actively engage prospective employers to source for suitable opportunities for our retiring officers and organise regular job networking sessions. We also facilitate officers' career transition by enabling them to take up a job attachment in a company prior to their retirement to try out the job. This will help both the officer and the prospective employer to assess the fit before formal employment. Based on our survey of our retired officers, of those who had actively looked for jobs, more than 50% were able to find new employment within six months of their retirement. About 85% did so within a year. For retired officers who are looking for employment, they can continue to tap on our career transition resources. Assoc Prof Walter Theseira compared the Stable Plan returns with returns from the CPF Ordinary Account. This is not a like-for-like comparison and, hence, it is not an appropriate comparison, as they are, in fact, separate schemes with different objectives. In terms of returns, CPF Ordinary Account has a guaranteed floor of 2.5%, and this is a special arrangement guaranteed by the Singapore Government. All CPF accounts, including Special, Retirement Accounts, are subject to CPF rules on withdrawal and use of funds. In contrast, INVEST offers several options and the returns of these options are subject to market conditions.”
“The dismissal process is a rigorous one provided for by law, such as the Public Service (Disciplinary Proceedings) Regulations and the Police Force Act. It includes an inquiry to consider thoroughly, objectively and fairly the grounds for dismissal. The superannuation scheme is a benefit awarded to officers. This is over and above the market competitive salaries and the full CPF contributions. The superannuation benefits are fully funded by MHA; so, no funds are actually deducted from the officers' salary. The superannuation benefits do not vest in the officers while they are in service. The award of the full benefit is contingent on the officer’s satisfactory conduct and completion of the term of service. INVEST benefits paid to officers on retirement are exempted from tax. Therefore, if an errant officer has behaved in a manner that is unbefitting of an officer of the Home Team and is dismissed as a result of his misconduct, the superannuation benefits, in part or in whole, can and should be forfeited. The process is fair and transparent, and the forfeiture or reduction of the benefit requires the concurrence of the Public Service Commission. Mr Melvin Yong asked whether there are programmes to help officers enter high-growth job sectors, such as cybersecurity and fintech and the percentage of retired officers who found a second career within six months of retirement. MHA’s career transition programmes are broad-based as retiring officers have diverse career interests. The various initiatives to help retiring officers prepare for a second career include course subsidies and time-off to learn new skills to enhance employability.”
“Mr Speaker, I thank the Members who have spoken on this Bill and for their support for the Bill. Mr Melvin Yong asked about the progress of the review of Home Team uniformed officers' retirement age and whether the age limit for INVEST retirement contributions would be aligned with any change to the retirement age. MHA is in the midst of the review which will be completed in the next few months. As part of this review, MHA is also studying related areas, such as the age limit for INVEST retirement contributions and the INVEST vesting scale. Mr Melvin Yong also asked whether MHA could decouple the closure of INVEST account from officers' employment so as to give officers the flexibility to remain invested. The INVEST plan was established to help officers transit into their second career. As they have an earlier retirement age of 55 as compared to the rest of the Civil Service at 62 and also compared to the Civil Service's re-employment age of 67, this benefit ceases upon payment of the INVEST monies to officers at retirement. Keeping officers invested with the INVEST Fund when they are no longer in service would not be in line with this principle. When INVEST monies are paid to officers, they can invest in other funds available in the market that best suit their needs at the point of retirement. Mr Melvin Yong asked about the treatment of INVEST benefits of an officer who is dismissed from service. Assoc Prof Walter Theseira asked whether in such cases the officer's benefits could be protected from reduction or termination. First, it is important to set out that the dismissal of an officer is not taken lightly and is usually based on serious misconduct, such as fraud, corruption or other egregious conduct.”
“The use of derivatives will be guided by best practices, such as the Code on Collective Investment Schemes issued by the Monetary Authority of Singapore. Second, the delegation of the Board’s powers and functions. Clause 6 of the Bill will clarify the scope of the Board’s powers and functions for efficient and effective governance and administration of the Fund. The amendments will allow the Board to appoint investment managers to construct and manage the portfolio with multiple fund managers. This approach can help to achieve lower investment management fees through economies of scale that the investment managers would have. The amendments for delegation are in line with industry practice for other large pension funds and are consistent with the powers of delegation found in other legislation. The Board will maintain investment oversight of the Fund and will have a clear governance framework and reporting structures in place. The Board remains fully accountable to the Minister for the management of the Fund. In conclusion, the amendments to the Act will improve MHA’s management and governance of the Fund for the benefit of our uniformed officers who are under the INVEST Plan. Mr Speaker, I beg to move. [(proc text) Question proposed. (proc text)]”
“Mr Speaker, on behalf of the Minister for Home Affairs, I beg to move, "That the Bill be now read a Second time." The Home Affairs Uniformed Services Superannuation Act was enacted in October 2001 to establish a superannuation scheme, known as the INVEST Plan. This Plan is for officers in the uniformed services under the Ministry of Home Affairs (MHA). These officers have an earlier retirement age of 55. They receive additional contributions under the INVEST Plan, on top of full Central Provident Fund (CPF) contributions, to help them with their career transition. These additional contributions under the INVEST Plan are pooled to form an investment fund known as the INVEST Fund. The Fund invests in a diversified portfolio, managed by a Board of Trustees appointed by the Minister for Home Affairs. The Board comprises senior members from the Home Team and members with relevant experience from the finance industry. Today, the Fund has approximately 14,000 members and S$1.5 billion of assets. MHA has reviewed best practices in the investment management industry to achieve the Fund’s objectives of achieving appropriate risk-adjusted long-term returns and improving the management of the Fund. The Bill proposes to make the necessary legislative amendments to align with industry best practices. The key provisions relate to two main areas. First, the broadening of the range of permissible investments. Currently, the Board is empowered to invest in "stocks, funds, securities and investments". Clause 5 of the Bill will expand the definition of investments in the Act for more effective management of the Fund. One example is the use of derivatives to protect the value of the Fund and invest more cost-efficiently. This is consistent with industry practice.”
“There are various ways to assist the Home Team in this area. The first is for the public to take in SGSecure messages and, if possible, to train. That is the first. During major incidents, the public can also play a very important role by adhering to official advisories from authorities, such as the Police's advisories to keep out of harm's way. Members of the public can also help the Home Team by staying vigilant and reporting any useful information to the authorities. It is also important for the public to always refer to official sources of information. They should be discerning regarding the information they receive and to be mindful not to share information, photos, videos that can lead to panic or fear. Distortions, rumours, untruths, misinformation and spams can spread very quickly, especially through social media, and can cause confusion.”
“As for operational capabilities, the Police’s frontline first responders are trained and equipped to deal with public order situations. If necessary, the Singapore Police Force can also draw on specialist forces. The Special Operations Command (SOC) troopers are trained to handle such situations. Should there be a surge in capacity required to manage incidents, the Police have procedures in place to amass both on and off duty resources. They can also recall and mobilise Police National Servicemen and tap on Volunteer Special Constabulary officers. While Police resources could be stretched in managing multiple civil unrests, they remain committed to maintaining law and order, without compromising on response to urgent incidents.”
“Multiple concurrent civil unrest incidents will stretch the resources of the Home Team. Our primary strategy must, therefore, be to put in place measures to prevent any assembly or procession from escalating into civil unrest in the first place. Public assemblies in Singapore are regulated under the Public Order Act. A Police permit is required to hold a public assembly. Clear guidelines are given to event organisers during their permit application. For example, they are required to conduct their events in a socially responsible manner and ensure that they do not cause any danger or undue alarm to the general public. They are also advised to give due consideration to ensure that public safety, security, law and order are not compromised during the event. The Public Order and Safety (Special Powers) Act (POSSPA) was introduced in 2018 to ensure that the Police have powers to deal effectively with serious threats to public security and order. For example, in an area where POSSPA powers have been authorised, the Police may impose a cordon around the target area and order any vehicle or individual within the cordon to leave or be removed, close public roads within or leading to or from the target area, or impose a curfew requiring every person in the target area to remain indoors within specified hours. Such powers allow the Police to take decisive measures if the need arises to prevent public order incidents from escalating. The Government has in place a crisis management system to prepare for and respond to major incidents. In the event of multiple concurrent civil unrest incidents, the Homefront Crisis Management System would be activated to coordinate a whole-of-Government response.”
“The Member is right. There has to be an outlet for people to entertain themselves. I think that is a given. But what is important is the law and order situation has to be maintained and if the situation gets out of hand, the Police must ensure that whatever entertainment that we enjoy, do not cause inconvenience to others and pose law and order situations to the public.”
“We share the Member's concern. In fact, the Police have been keeping up a strong tempo of enforcement actions on top of their regular checks and enhanced ground presence. I mentioned in my earlier reply that the Police conducted 18 anti-vice operations at Orchard Towers and its vicinity in 2018 and these resulted in arrests of over 70 vice workers. The Police will continue to keep a close watch over the law and order situation at Orchard Towers, including its vicinity.”
“I thank the Member for the supplementary questions. Currently, there are 29 public entertainment establishments at Orchard Towers, of which 23 are nightlife establishments and, similar to the licences for massage establishments, the Police actively manage the Public Entertainment Licences they grant, taking into consideration URA's planning intent, feedback from the community and the prevailing law and order situation. Given these considerations, the Police are unlikely to grant new Public Entertainment Licences for Orchard Towers. This is publicised on the Police website. The Police conduct regular checks on the Public Entertainment Licensees to ensure that they comply with all licensing conditions. Licencees with infringements of licensing conditions may have their licence not renewed upon expiry. For those with more egregious infringements, their licences may even be suspended or cancelled by the licensing officer. The Police also conduct regular enforcement to ensure that operators do not circumvent the licensing regime and engage in vice activities. It is an offence for beauty salons, as the Member mentioned, to provide massage services without a licence under the Massage Establishments Act. An operator may be liable to a maximum fine of $10,000 or two years, or both. If vice activities are detected, the operator may be liable for additional vice-related offences under the Women's Charter.”
“There are currently three licensed massage establishments in Orchard Towers. This number has decreased in the past three years, as the Police have actively managed the licences they grant, to take into consideration the Urban Redevelopment Authority's (URA's) planning intent, feedback from the community and the prevailing law and order situation. The Police have been taking enforcement action against unlicensed massage establishments at Orchard Towers, and the number has remained stable over the past three years. In 2018, the Police detected seven such establishments, which have since been shut down. Five operators have been dealt with, of which four were fined, and one was issued a stern warning. Investigations against the remaining two are ongoing. The Police will continue its enforcement efforts in this area. The Police have deployed more resources there, including Special Operations Command troops. This enhanced presence is supplemented with an increased deployment of closed-circuit television (CCTV) cameras to deter street-walking and other illegal activities. The Police have also maintained a strong tempo of enforcement operations. In 2018, 18 anti-vice operations were conducted at Orchard Towers and its vicinity, resulting in the arrest of 76 vice workers. These operations were on top of the Police’s regular checks. The Police will continue to keep a close watch on the law and order situation at Orchard Towers and ensure the safety of the public.”
“Mr Speaker, with your permission, can I take Question Nos 17 to 19 together?”
“Our drug laws have been effective and remain so. We have presumptions under the MDA because it can be difficult to prove a person's state of mind as it is something that is intangible and cannot be seen. The presumptions under the MDA impose a legal burden on accused persons to rebut the presumed facts on a balance of probabilities. The presumptions were introduced precisely to address the difficulty of proving an accused person's subjective state of knowledge. This has been our policy intent right from the beginning. The fact alone that the drugs were well-hidden would not cause the presumptions to be rebutted. Instead, the outcome of each case depends on a holistic assessment of all its unique facts and circumstances as well as the evidence. Our Courts in the past have carefully scrutinised such claims to assess if they are credible such that the presumption is rebutted. And I am confident that they will continue to do so. Moreover, when the presumptions apply, the accused persons bear the onus of persuading the Court that such claims are credible and should be believed. The outcome of each case depends on its unique facts and circumstances as well as the evidence, and Adili's case turns on its facts. One point worth noting is the robustness of our criminal justice system. If the prosecution fails to discharge its burden of proof, an accused person will be acquitted.”
“The Court of Appeal noted that the prosecution, in their cross-examination of Adili and in their arguments in addressing this issue, had conceded that Adili did not actually know of the presence of the drugs. Members will appreciate, once the prosecution accepts that the accused did not know of the presence of the drugs, then the presumption cannot apply. The presumption allows the Court to conclude that the accused did know. But if the prosecution accepts that the accused did not know of that fact, then obviously the presumption cannot be relied upon. This legal reasoning is neither novel nor new and is not in any way different from the Government’s understanding of the law. There are other observations made by the Court of Appeal on willful blindness. We are studying those observations carefully and will set out the Government's views in due course, and whether any legislative amendments are necessary.”
“Adili Chibuike Ejike was charged with importing almost two kilogrammes (kg) of methamphetamine, commonly known as "Ice" into Singapore. A person will be guilty of importing under section 7 of the Misuse of Drugs Act (MDA) if: (a) he is in possession of the drugs; (b) knew of their presence and their nature; and (c) brought the drugs into Singapore without prior authorisation. In practice, it can be difficult to prove a person's state of mind. To address this, MDA builds in presumptions. When these presumptions apply, a person charged with importing prohibited drugs can be presumed to know of their presence, as well as their nature. It is then for the accused to give sufficient evidence to rebut the presumptions. There is also the legal concept of "willful blindness". Under the law, a person will be treated as having knowledge of a fact, if it can be shown that he: (a) suspected something was amiss; (b) yet, did not verify his suspicion out of fear of legal consequences; and (c) he had reasonable means of discovering the truth. Adili was arrested at Changi Airport in November 2011 after flying in from Nigeria. Two packets containing close to two kg of Ice were found concealed in the inner lining of his suitcase. Adili claimed that an acquaintance in Nigeria had told him to pass the suitcase to an unknown person in Singapore and he was given about US$5,000 for his travel expenses. He claimed that he does not know what the suitcase contained, why he had to deliver it, and he did not ask those questions of his acquaintance. The one issue was whether Adili could rebut the presumption that he knew the nature of the drugs in his suitcase.”
“I do not have the information on that. Perhaps the Member can file a separate Parliamentary Question on that.”
“I do not have the information on the stage in which the TB cases are detected. On the second question on what will be done, we are constantly looking at ways to improve, and as for how extensive, it depends on the effectiveness of the strategy that we have implemented. As I mentioned just now, we have the three-pronged strategy. If we stick to that strategy and everyone cooperates, I think we stand a better chance at controlling transmission.”
“Due to the previous exposure when TB rates were quite high in the 1950s and 1960s, there is now a fairly significant number of older Singaporeans with latent TB infection. Waning immunity in older adults also contributes to reactivation of latent TB later on in life. Hence, it is quite difficult to set a firm target to achieve firm TB control. But in the longer term, our goal is to benchmark ourselves against high-income countries that have TB rates of about less than 20 cases per 100,000 population. As for the strategy, we adopt a three-pronged strategy towards reducing TB incidence rates. The first strategy is to improve public knowledge of TB. Besides information on MOH's webpages and press releases, the Health Promotion Board also runs campaigns, specifically, a social hygiene campaign called "Fight Each Year" and this is aimed at promoting good hygiene practices and help prevent the spread of infectious diseases. Exhibitions are conducted at Tan Tock Seng Hospital on annual World TB Day to educate the public. The second strategy is to educate healthcare practitioners about current practices in their diagnosis and management of TB. Towards this end, the Clinical Practice Guidelines were launched in 2016 and these contain information on TB diagnostic tools, treatment regimes and public health measures for TB control. Finally, MOH is also reviewing its policies and measures to increase early detection of active TB.”
“The incidence rates of active tuberculosis (TB) cases in 2017 and 2018 were similar, at 39 cases per 100,000 resident population. In fact, the rate had remained within a stable range of about 37 to 41 cases per 100,000 over the last five years. In 2018, almost half of new active TB cases were aged 60 and older, although their incidence rates had also remained stable. Many older Singaporeans were exposed to TB when they were younger, when incidence rates in Singapore were much higher. As such, up to 30% have latent TB. Latent TB patients do not exhibit symptoms and are not infectious, but one in 10 may progress to active TB during their lifetime. The World Health Organization (WHO) and local experts do not recommend population-level preventive medication to treat latent TB. Those with active TB and recent latent TB infection will be treated with medication. The treatment approach for older Singaporeans is the same as for the general population. To contain TB transmission, the Tuberculosis Control Unit (TBCU) conducts contact investigations to identify persons who have had close and prolonged contact with infectious TB cases. Contacts are tested for TB for early detection and treatment of the disease to prevent its spread. The Ministry of Health (MOH) launched the TB Clinical Practice Guidelines in 2016 to strengthen TB management. For Multi-Drug Resistant TB (MDR-TB), patients are isolated for treatment until they become non-infectious, which takes about two months, and they will undergo directly observed therapy (DOT) for about two years. We have also adopted new technologies, such as rapid DNA tests for drug resistance, reducing time taken for identification of MDR-TB from two months to a few hours to facilitate early intervention.”
“Mr Speaker, may I take Question Nos 2 and 3 together?”
“Mr Deputy Speaker, I beg to move amendments 1 to 3* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. The amendments provide that the lifting of marital privilege under section 124 of the Evidence Act will apply to the following situations: (a) Child abuse offences committed against a person below 16 years old; (b) All hurt offences committed against children. This is consistent with the coverage of domestic workers and vulnerable persons; and (c) All attempts, abetments and conspiracies to commit such specified offences. This will ensure that spouses of an accused person can be required to give evidence in a trial of that accused person for sexual or violent offences committed against children. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 166, line 1: after "offence", to insert "committed against a person below 16 years of age". (proc text)] [(proc text) (2) In page 166, line 2: after "offence", to insert "or an offence under Chapter XVI of the Penal Code (other than a sexual offence)". (proc text)] [(proc text) (3) In page 166: after line 17, to insert — (proc text)] [(proc text) "(e) an abetment of, a conspiracy to commit or an attempt to commit any of the offences mentioned in paragraphs (a) to (d);". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 174, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 175 to 191 inclusive ordered to stand part of the Bill. (proc text)]”
“Mr Deputy Speaker, there are three amendments to clause 174, as indicated in the Order Paper Supplement. As the amendments are related, may I seek your permission to move them together?”
“Mr Deputy Speaker, I beg to move amendments 1 to 5* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. The amendments provide for consequential amendments to the First Schedule of the Criminal Procedure Code arising from the amendments made during the Committee Stage. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 142, lines 41 and 44: after "years", to insert " and fine'. (proc text)] [(proc text) (2) In page 142, lines 43 and 46: after "years”, to insert ", and fine, or caning". (proc text)] [(proc text) (3) In page 143, line 18: to leave out "items relating to sections 121 and 121B", and insert “item relating to section 121". (proc text)] [(proc text) (4) In page 143: after line 18, to insert — (proc text)] [(proc text) "(g) by deleting the word “Ditto” under the sixth column in the item relating to section 121A and substituting the words "Imprisonment for life, or imprisonment for 20 years, and fine"; (proc text)] [(proc text) (h) by inserting, immediately after the word "life," under the sixth column in the item relating to section 121B, the words "or imprisonment for 20 years,";".(proc text)] [(proc text) (5) In page 148, line 35: after 'age', to insert ", domestic worker". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 169, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 170 to 173 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 174 – (proc text)]”
“Mr Deputy Speaker, there are five amendments to clause 169, as indicated in the Order Paper Supplement. As the amendments are related, may I seek your permission to move them together?”
“Mr Deputy Speaker, I beg to move amendments 1 to 4* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. The amendments are editorial amendments to provide clear examples of situations where a person has committed an offence of attempt, and to provide that for offences of attempts, mandatory minimum sentences for the underlying offence do not apply. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 134, line 11: to leave out "act or", and insert "person in such possession". (proc text)] [(proc text) (2) In page 134, line 16: to leave out "act or", and insert "person mentioned in subsection (1)". (proc text)] [(proc text) (3) In page 135, line 30: to leave out "subsection (1)", and insert “that subsection". (proc text)] [(proc text) (4) In page 136, line 7: to leave out "(1)", and insert "(2)". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 167, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clause 168 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 169 – (proc text)]”
“Mr Deputy Speaker, there are four amendments to clause 167, as indicated in the Order Paper Supplement. As the amendments are related, may I seek your permission to move them together?”
“Mr Deputy Speaker, I beg to move the amendment* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. The amendment makes editorial amendments to ensure that similar definitions of “representation” apply for the offences of fraud introduced in sections 424A and 424B. [(proc text) *The amendment read as follows: (proc text)] [(proc text) In page 121, line 18: after "section", to insert "and section 424B". (proc text)] [(proc text) Amendment agreed to. (proc text)] [(proc text) Clause 138, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 139 to 166 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 167 – (proc text)]”
“Mr Deputy Speaker, I beg to move the amendment* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. The amendment makes editorial amendments to the list of minor-specific offences in section 377D. If the accused person had previously been charged for these minor-specific offences, he cannot avail himself of the defence in section 377D. [(proc text) *The amendment read as follows: (proc text)] [(proc text) In page 110, line 7: to leave out "375(1)(a), 375(1A)(b), 376(1), 376(2)", and insert '375(1)(b), 375(1A)(b), 376(1) (if the victim B is below 14 years of age), 376(2) (if the victim B is below 14 years of age)". (proc text)] [(proc text) Amendment agreed to. (proc text)] [(proc text) Clause 122, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 123 to 137 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 138 – (proc text)]”
“Mr Deputy Speaker, I beg to move amendments 1 to 3* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. These amendments are editorial, and consequential to the insertion of a new provision relating to the extraterritorial application of the offences of producing child abuse material and using or involving a child in the production of child abuse material. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 104, line 5: to leave out "377BN", and insert "377BO". (proc text)] [(proc text) (2) In page 104, line 6: to leave out "377BN", and insert "377BO". (proc text)] [(proc text) (3) In page 106, line 5: to leave out "377BN", and insert "377BO". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 121, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clause 122 – (proc text)]”
“Mr Deputy Speaker, there are three amendments to clause 121, as indicated in the Order Paper Supplement. As the amendments are related, may I seek your permission to move them together?”
“A is guilty of an offence under section 377BH read with section 377BO(7).".". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 120, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clause 121 – (proc text)]”
“(proc text)] [(proc text) (7) To avoid doubt, any person who does in Singapore an act which is a physical element of an offence under section 377BG, 377BH or 377BL(2) or (3) shall be guilty of an offence under section 377BG, 377BH or 377BL(2) or (3), as the case may be, if all the fault elements and physical elements of the offence are proven even though other physical elements of the same offence occurred outside Singapore. (proc text)] [(proc text) Illustrations (proc text)] [(proc text) (a) A, a Citizen or a Permanent Resident of Singapore, films in a foreign country a video recording of child abuse material involving a person below 16 years of age (B). B is in that foreign country during the filming. A is guilty of an offence under section 377BG or 377BH read with section 377BO(1).(proc text)] [(proc text) (b) A, who is in Singapore, uses remote video facilities to film a video recording of child abuse material involving a person below 16 years of age (B). B is in a foreign country during the filming. A is guilty of an offence under section 377BG or 377BH read with section 377BO(2). (proc text)] [(proc text) (c) A, who is in a foreign country and is not a Citizen or a Permanent Resident of Singapore, uses remote video facilities to film a video recording of child abuse material involving a person below 16 years of age (B). B is in Singapore during the filming. A is guilty of an offence under section 377BG or 377BH read with section 377BO(3). (proc text)] [(proc text) (d) A, who is in Singapore, uses computer software to alter and reproduce child abuse material which was not filmed in Singapore. The child abuse material is not stored in Singapore but in a computer server in a foreign country which A accesses through A’s computer in Singapore.”
“—(1) Any person, being a Citizen or a Permanent Resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 377BG, 377BH or 377BL(2) or (3), shall be guilty of an offence under section 377BG, 377BH or 377BL(2) or (3), as the case may be. (proc text)] [(proc text) (2) To avoid doubt, any person (A) who does in Singapore, any act involving a person below 16 years of age (B) and B is outside Singapore, that would if B were in Singapore constitute an offence under section 377BG or 377BH, shall be guilty of an offence under section 377BG or 377BH, as the case may be. (proc text)] [(proc text) (3) Any person who does outside Singapore, any act involving a person below 16 years of age (B) and B is in Singapore, that would if done in Singapore constitute an offence under section 377BG or 377BH, shall be guilty of an offence under section 377BG or 377BH, as the case may be. (proc text)] [(proc text) (4) Subsections (5) and (6) apply only where A is in a relationship that is exploitative of B. (proc text)] [(proc text) (5) To avoid doubt, any person (A) who does in Singapore, any act involving a person who is of or above 16 but below 18 years of age (B) and B is outside Singapore, that would if B were in Singapore constitute an offence under section 377BL(2) or (3), shall be guilty of an offence under section 377BL(2) or (3), as the case may be. (proc text)] [(proc text) (6) Any person (A) who does outside Singapore, any act involving a person who is of or above 16 but below 18 years of age (B) and B is in Singapore, that would if done in Singapore constitute an offence under section 377BL(2) or (3), shall be guilty of an offence under section 377BL(2) or (3), as the case may be.”
“Mr Deputy Speaker, I beg to move amendments 1 to 8* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. Amendments 1, 7 and 8 insert a new provision to provide for extraterritorial application for the offences of producing child abuse material and procuring or using a child in the production of child abuse material. Amendments 2 and 3 are editorial in nature. Amendments 4 to 6 provide that using or involving a child in the production of child abuse material will include situations where a person who has care or custody of a minor under 16 allows the minor to be used for the production of such material. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 88, line 17: to leave out "377BN", and insert "377BO". (proc text)] [(proc text) (2) In page 89, lines 14 and 33: to leave out “with that intention”. (proc text)] [(proc text) (3) In page 89, line 33: to leave out "A's", and insert "A". (proc text)] [(proc text) (4) In page 95, line 10: after "used", to insert "or allows the person to be so used". (proc text)] [(proc text) (5) In page 98, line 22: to leave out ", causes or procures". (proc text)] [(proc text) (6) In page 98, line 24: after "material", to insert "or causes or procures B to be so used". (proc text)] [(proc text) (7) In page 103, line 32: to leave out "".". (proc text)] [(proc text) (8) In page 103: after line 32, to insert — (proc text)] [(proc text) "Child abuse material offences outside or partially outside Singapore (proc text)] [(proc text) 377BO.”
“Mr Deputy Speaker, there are eight amendments to clause 120, as indicated in the Order Paper Supplement. As the amendments are related, may I seek your permission to move them together?”
“(proc text)] [(proc text) (12) In page 84: after line 28, to insert — (proc text)] [(proc text) "(f) either A or B is or both are in Singapore.". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 117, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 118 and 119 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 120 – (proc text)]”
“Mr Deputy Speaker, I beg to move amendments 1 to 12* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. The amendments provide for extraterritorial application of the offences of sexual communication with minors and sexual activity or image in the presence of minors. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 81, lines 18 and 19: to leave out "took place in or outside Singapore", and insert "originated in Singapore provided that either A or B was in Singapore at the time of such communication". (proc text)] [(proc text) (2) In page 82, lines 17 and 18: to leave out "took place in or outside Singapore", and insert "originated in Singapore provided that either A or B was in Singapore at the time of such communication". (proc text)] [(proc text) (3) In page 83, line 3: to leave out "and". (proc text)] [(proc text) (4) In page 83: after line 3, to insert — (proc text)] [(proc text) "(ii) when either A or B is or both are in Singapore; and". (proc text)] [(proc text) (5) In page 83, line 16: to leave out "and". (proc text)] [(proc text) (6) In page 83, line 18: to leave out ".", and insert "; and". (proc text)] [(proc text) (7) In page 83: after line 18, to insert — (proc text)] [(proc text) "(e) either A or B is or both are in Singapore.'. (proc text)] [(proc text) (8) In page 84, line 11: to leave out "and". (proc text)] [(proc text) (9) In page 84: after line 11, to insert — (proc text)] [(proc text) "(ii) when either A or B is or both are in Singapore; and". (proc text)] [(proc text) (10) In page 84, line 27: to leave out "and". (proc text)] [(proc text) (11) In page 84, line 28: to leave out ".", and insert "; and".”
“Mr Deputy Speaker, there are 12 amendments to clause 117, as indicated in the Order Paper Supplement. As the amendments are related, may I seek your permission to move them together?”
“Mr Deputy Speaker, I beg to move the amendment* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. The amendment makes editorial amendments to the list of offences relating to non-consensual sexual penetration which are excluded from the scope of section 376A. [(proc text) *The amendment read as follows: (proc text)] [(proc text) In page 76: to leave out after "375(1)(a)" in line 11 to end of line 16, and insert ", 375(1)(b) read with section 375(3), 375(1A)(a), 375(1A)(b) read with section 375(3), 376(1)(a), 376(1)(b) read with section 376(4), 376(2) (if the victim B is of or above 14 years of age) or 376(2) (if the victim B is below 14 years of age) read with section 376(4).". (proc text)] [(proc text) Amendment agreed to. (proc text)] [(proc text) Clause 112, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 113 and 116 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 117 – (proc text)]”
“Mr Deputy Speaker, I beg to move amendments 1 and 2* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. The amendments make editorial amendments to replace references to persons below 10 years of age with references to the section numbers of the provisions in the Penal Code on the Minimum Age of Criminal Responsibility. This is because the increased Minimum Age of Criminal Responsibility will only come into force after the mechanism for the management of young children who exhibit offending behaviour is ready. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 71, line 8: to leave out "10 years of age", and insert "the age specified in section 82". (proc text)] [(proc text) (2) In page 71, lines 9 and 10: to leave out "or above 10 years of age but below 12 years of age", and insert "the age specified in section 83". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 104, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 105 and 111 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 112 – (proc text)]”
“Mr Deputy Speaker, there are two amendments to clause 104, as indicated in the Order Paper Supplement. As the amendments are related, may I seek your permission to move them together?”
“Mr Deputy Speaker, I beg to move the amendment* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. The amendment clarifies the Illustration to make clear that it is only possible to commit attempted culpable homicide with an intention to kill. This renders it consistent with all other attempt offences. [(proc text) *The amendment read as follows: (proc text)] [(proc text) In page 65: to leave out after "amended" in line 7 to end of line 9, and insert — (proc text)] [(proc text) "— (proc text)] [(proc text) (a) by deleting the words "such intention or knowledge" and substituting the words "the intention to cause death"; and (proc text)] [(proc text) (b) by inserting, immediately after the words "at Z" in the Illustration, the words "intending to kill Z".". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 87, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 88 and 103 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 104 – (proc text)]”
“(proc text)] [(proc text) (9) In page 63: to leave out lines 5 and 6, and insert — (proc text)] [(proc text) "(d) "domestic worker" and "vulnerable person" have the meanings given by sections 73(4) and 74A(5), respectively; and". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 83, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 84 and 86 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 87 – (proc text)]”
“Mr Deputy Speaker, I beg to move amendments 1 to 9* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. Amendments 1 to 4 provide that the scope of offenders covered by the new offence of "causing death by sustained abuse" should cover persons who have care, custody and control of a child or a vulnerable person, or an employer of the domestic worker, member of the employer's household, or the employment agent of a domestic worker. Amendments 5 to 9 provide that the scope of victims covered by the new offence of "causing or allowing death" includes domestic workers. The rationale for these provisions has been dealt with by Minister Shanmugam. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 60, line 12: to leave out "Whoever", and insert "A relevant person who". (proc text)] [(proc text) (2) In page 60, line 18: to leave out "and", and insert ",". (proc text)] [(proc text) (3) In page 60, line 18: after " "employment agent" ", to insert "and "member of the employer's household" ". (proc text)] [(proc text) (4) In page 60, line 30: after "worker", to insert ", a member of the employer's household". (proc text)] [(proc text) (5) In page 61, line 12: after "age", to insert ", domestic worker". (proc text)] [(proc text) (6) In page 61, line 15: after "age", to insert ", a domestic worker". (proc text)] [(proc text) (7) In page 62, line 27: to leave out "10 years of age", and insert "the age specified in section 82". (proc text)] [(proc text) (8) In page 62, lines 28 and 29: to leave out "or above 10 years of age but below 12 years of age", and insert "the age specified in section 83".”
“Mr Deputy Speaker, there are nine amendments to clause 83, as indicated in the Order Paper Supplement. As the amendments are related, may I seek your permission to move them together?"”
“(proc text)] [(proc text) (3) In page 58: to leave out after "intention" in line 21 to end of line 24, and insert — (proc text)] [(proc text) ", which was formed prior to the circumstances constituting the sudden fight — (proc text)] [(proc text) (a) to cause death in section 300(a) or to cause such bodily injury as is mentioned in section 300(b) or (c); or (proc text)] [(proc text) (b) to do an act knowing that the act is so imminently dangerous in the way mentioned in section 300(d).". (proc text)] [(proc text) (4) In page 59, line 28: after "or" where it first occurs, to insert "wrong". (proc text)] [(proc text) Amendments agreed to. (proc text)] [(proc text) Clause 80, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 81 and 82 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 83 – (proc text)]”
“Mr Deputy Speaker, I beg to move amendments 1 to 4* standing in the name of the Minister for Home Affairs, as indicated in the Order Paper Supplement. Amendments 1 and 3 clarify the meaning of "premeditation" to make clear that it refers to the fault elements of the accused person arising before the time of the offence. Amendment 2 makes an editorial amendment to correctly site the proviso that an offender cannot rely on the Exception of sudden fight if he knew or had reason to believe that the victim was acting in obedience to the law or was a public servant lawfully exercising his powers in Exception 4. Amendment 4 is an editorial amendment to clarify that for an accused person to rely on Exception 7 of Diminished Responsibility, he must not know that what he is doing is wrong by the ordinary standards of reasonable and honest persons, and wrong as contrary to law. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 58: to leave out after "intention" in line 2 to end of line 5, and insert — (proc text)] [(proc text) ", which was formed prior to the circumstances which gave rise to the act of private defence — (proc text)] [(proc text) (a) to cause death in section 300(a) or to cause such bodily injury as is mentioned in section 300(b) or (c); or (proc text)] [(proc text) (b) to do an act knowing that the act is so imminently dangerous in the way mentioned in section 300(d).";". (proc text)] [(proc text) (2) In page 58, line 6: to leave out "3", and insert "4".”
“Mr Deputy Speaker, there are four amendments to clause 80, as indicated in the Order Paper Supplement. As the amendments are related, may I seek your permission to move them together?"”