Christopher de Souza
Singapore
“I thank the Minister for his comprehensive reply. My supplementary question arises out of our deployment of our Multi-Role Tankers Transport. I think our airmen and soldiers, the Ministry of Foreign Affairs (MFA) and MINDEF should be commended. It was a complex high-altitude mission, and it was successful.”
“Much obliged, Sir. My supplementary questions draw from the fact that the situation displays: one, how Singapore has agency; and two, how Singapore can use the situation as a catalyst.”
“It cannot be allowed to be the master. It does not moralise. Thus, as we embrace AI, we must do so with discernment. We should use it to the extent that it facilitates decision-making, but it cannot be allowed to usurp our decision-making. Innovation cannot come at the expense of trespassing on some existing IP rights.”
“In relation to the study on the drug trafficking and the death penalty. In fact, in response to that, I think there is a very good statistic that we should elaborate on in this House and also out there in education that 15 grams of diamorphine feeds 180 drug abuses for one week.”
“The Singapore Land Authority plays an important role in unlocking the value of state land for community use. As a sportsman, I have personally seen with immense joy how underutilised spaces, such as areas under flyovers, can be transformed into safe and vibrant places for sport and recreation, whether for pickleball, futsal, badminton, te…”
“To propel our status as a hub, Singapore will need infrastructure, such as exhibition facilities, to showcase mediation capabilities, breakout rooms, bilateral mediation hearing rooms as well as printers, laptops and screens for settlement agreements to be typed out.”
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Every one of 1,264 lines we hold for Christopher de Souza, in date order, each linked to its source. Free to read, in full, without an account. Page 16 of 26.
“Therefore, we must have a compassionate and proactive Civil Service that ensures that we partner the vulnerable in Singapore and lift them up again. This is in line with the President's message to care for one another. Today, Madam, I would like to talk about four specific vulnerable groups. First, abused women and children. I have worked with shelters that do marvellous work for this vulnerable group. Among them, Dayspring, which runs a shelter within Holland-Bukit Timah GRC, and the Good Shepherd Sisters which also runs a shelter in Singapore. They are committed, dedicated and passionate. But I feel that the Government can do a lot more to partner these groups in three concrete ways. Page: 10 One, to provide livable long-term shelters. The Government should allow their tenancies to be much longer term than two to three years. It should be for five to 10 years at a stretch. Two, through financial support. Could the Government provide $3 to $4 matching grants for every $1 raised by voluntary welfare organisations (VWOs) and non-government organisations (NGOs) which are sheltering abused women and children? Three, full-time support in the form of book-keeping and administration. Here, would the Government provide, for example, on secondment a civil servant to assist with book-keeping and administration? This is so that the volunteers at such organisations can focus on giving their time and energy to vulnerable women and children, and partnering them out of difficult situations, rather than getting bogged down with administrative matters. The second vulnerable group are stateless residents of Singapore.”
“When I first raised this in Parliament, the then Minister for National Development, Mr Khaw Boon Wan, explained that he would much rather adopt a more calibrated and flexible approach to cooling the property market. And for that reason, he decided to introduce the Additional Buyer's Stamp Duties (ABSD) and Total Debt Servicing Ratio (TDSR). I appreciate the Minister's rationale and therefore in that same spirit of flexibility and the same desire to adopt a calibrated approach, would the present Minister for National Development, Mr Lawrence Wong, consider removing ABSD for Singaporean buyers while still retaining TDSR for Singaporeans and ABSD for foreigners? Let me explain. By retaining the TDSR, a Singaporean is only going to be allowed a credit line that is within his means. If this Singaporean is able to afford a second or third property through the TDSR regime, why tax him with an additional buyer's stamp duty? By retaining the ABSD for foreigners, we help ensure that the foreigners will not enter the Singaporean market in an overly speculative way. Therefore, would the Minister consider removing the ABSD for Singaporeans? The fourth policy area, Madam, relates to caring for the marginalised and vulnerable in our society. I strongly believe that one day soon, governments will be assessed also on how they treat the most vulnerable in society. Yes, Singapore has altruistic social and economic initiatives and, yes, we have an effective and efficient Government to administer these policies. However, some among us face circumstances that we were never able to predict. And some, through no fault of their own, land in some very dire straits.”
“This is because it recognises the individual talents and gifts of the child, Page: 9 beyond academics. It incentivises the school and prioritises the school's focus to bring out the best in each child, for example, to turn a less confident child into a team player. Therefore, I would ask the new leadership team at MOE, namely, the two new Acting Ministers, to advance and consolidate the existing character-, values- and ethics-based education system. My vision is for Singaporean students, when they eventually enter the working world, whether domestically, regionally or globally, to be known for their character, ethics and integrity and that they will make the right decisions and choices in difficult situations. Global MNCs, domestic and regional firms would want to employ Singaporeans because of their character traits and values, in addition to their academic ability and skillset. If we are able to get this right, then, the brightness of our little red dot will radiate in cities and countries around the world, through our Singaporeans who live and work in them. The third policy area that I wish to speak on, Madam, is the need to create a sustainable and predictable property market. I raised in this House the possibility of adapting the Australian model to Singapore to deter overly speculative behaviour by foreigners in the market. In summary, in Australia, foreigners are only allowed to buy new property and only allowed to sell that property back to domestic buyers. This somewhat fetters speculation by foreigners in the Australian property market because these foreigners will not buy property at a price that they do not think they will be able to resell it at to an Australian.”
“Madam, I do support the President's call to build a safe and secure Singapore. Second, education. It is important to ensure that our students are given the most number of opportunities available to reach their potential domestically, regionally and globally. This is because they will be our next generation of Singaporeans, advancing the country's interests and their own in the world. We need to create an education system that provides opportunities for all Singaporeans and that maximises their potential. Today, Madam, I would like to focus on one key policy in education and that is to ensure that we have a character-, values- and ethics-based education system. Let me explain how important it is to encourage all our students to reach their maximum academic potential, because this will stand them in good stead in their chosen vocations. I strongly believe that of equal importance is the need to instil character, values and ethics in a child. Let me further explain. To assess a school purely on its academic output is too simplistic. This is because the schools with longer histories usually have the ability to set the higher cut-off as the entry criteria into the school. It therefore follows that at the next major national examination, the school's academic performance would be good, if not better than average. I would have thought a better assessment of the success of a school would be the amount of value-add that the school gives to each individual child. Here, I would like to acknowledge the concerted effort of Minister Heng Swee Keat and his team in the Education Ministry in the last Term to instil the importance of character in students. This policy has gone down well among parents that I have met at school functions, dialogues and community events.”
“A look at the South China Sea will show many competing claims over territory. This should cause us pause and provides a poignant reminder that we must never take our sovereignty for granted. Therefore, I think it is odd that some quarters in the political field have called for a reduction in the defence budget by as much as half. This is totally at odds with the geopolitical situation presented to Singapore today. I ask the House in this political term to support a strong security budget to ensure that we have men and women of capability and courage to defend our shores, air spaces and borders. Equally, we need the best equipment and infrastructure to ensure that these men and women in uniform are able to fulfil their roles. A strong defence budget will help ensure this. However, Madam, it is not only sovereignty security that is important, but domestic security too. A quick look at our neighbours, Malaysia, Indonesia and even ourselves, shows that there are some individuals who become radicalised domestically. They then take up arms in other countries to support "terrorist causes". The 14 January Jakarta bombings and the rounding up of 27 Bangladeshi foreign workers just last week are cases in point. Therefore, we need to ensure that we have a strong Home Team budget to ensure that we have a well-equipped Home Team and a proficient Internal Security Department (ISD). This will ensure that we are able to detect and deter threats beyond our shores and to ensure that we have a safe and secure Singapore. Should the threats unfortunately vest in Singapore, we will have a strong team partnering various community organisations to preserve our communal ties and overcome such threats and adversities.”
“As we look into the horizon of the next 50 years, what will our drumbeat be as a people of Singapore to ensure that we stay united and get to our destinations together? Madam, I humbly suggest three tenets of this chant. First, that we recognise that Singapore is indeed a precious gem – unparalleled in the region, unparalleled globally. Second, we must realise that while economic accolades are important, these accolades must benefit the very Singaporeans who make up Singapore, her identity and drive. Third, we, as a Government, must put on the cloak of humility and realise that there is still a lot more progress and advancement that can be made for Singapore and Singaporeans. If we are to put on such a cloak of humility, we will realise that there are some countries globally that have effective social economic policies that have worked well for their populations. If we are humble enough, we will be able to adopt such policies while adapting them and nuancing them to the local context for the benefit of Singaporeans. However, while we put on such a cloak of humility, we should and must retain a deep sense of quiet confidence so that we can likewise recognise countries regionally and globally that have not done so well for their populations. We should have that quiet confidence to resist taking on-board short-term economic policies to the long-term detriment of our people. Mdm Speaker, undergirding these three tenets, is the foundational principle that we should never betray the trust placed into our hands by the constituents we serve as we discharge our fiduciary duties. Page: 8 Madam, let me delve into four key policy areas which I feel we need to get right for the continued survival of Singapore. First, security.”
“Mdm Speaker, I beg to move, "That the following Address in reply to the Speech of the President be agreed to: 'We, the Parliament of the Republic of Singapore, express our thanks to the President for the Speech which he delivered on behalf of the Government at the Opening of the First Session of this Parliament.'." Madam, my earliest memory is growing up on Changi Airbase. My family was allocated quarters there because my father was a pilot in the RSAF. This was back in the 1970s. They were happy memories: growing up within my close-knit group of Air Force families and their children, the smell of sea breeze from Changi Beach and the daily chant of "kiri, kiri, kiri, kanan, kiri" of soldiers, both National Servicemen and regulars, who would run through the streets of the airbase. That daily chant ensured that the whole team of soldiers got to their destinations together, united. One of the earliest lessons that I can remember I learnt was there on that airbase. I remember both my father and mother teaching me that, "You must ensure that Singapore survives." Madam, this is what GE2015 means for me – that Singapore will survive. Singaporeans voted to give the best chance possible for Singapore in the future. Singaporean voters placed into our hands that previous ingredient for effective leadership – that of trust. Being a Member of Parliament is not a job or an appointment. It is a calling. And so, we, the elected few, must respect that trust that has been placed in our hands. We must nurture it and reciprocate it with very hard work; even harder work now for the residents we serve and their families. But Madam, on this, the first Sitting of Parliament post-GE2015, what will our chant be as a country?”
“May I ask the Minister if there is an estimate cost per ticket from Jurong East to KL and KL back on the express version of the train?”
“I think there might be a Question No 10 before my question, Mdm Speaker.”
“Although many do not know this, but he would encourage me whenever the opportunity arose and reminded me that what we do as Members of Parliament is worthwhile and lasting, even though it is tough when we stick to our convictions. I had the opportunity to travel with Mr Lee Kuan Yew and Mrs Lee to Indonesia and to India on official visits there. In between the official meetings and the official calls, when it was just the Singapore delegation, he would ask over dinner, or in the corridors of the hotel, or in his hotel room, "Are you learning? What have you learnt?" He was a mentor and he encouraged. Thank you, Mr Lee, for your personal encouragement. Thank you, Sir, for laying down the foundations of the Singapore we have Page: 34 today. It is a deep privilege to pay this tribute to a great man. [Applause.] 5.37 pm”
“Mr Lee Kuan Yew believed that no one race, whether a majority or not, should pin down another, but that all races should work together to bring about a united future. Therefore, Singaporeans of all races, including Eurasians, salute you, Mr Lee Kuan Yew, for your beliefs which you toiled for at great personal expense, risking your life. Your toil helped to unleash our potential as a nation. The Singaporean Eurasian community is one of the smallest racial communities in Singapore. Yet, through Mr Lee's bold vision that Singapore should strive towards multiracialism, Singaporean Eurasians have found our way in our nation, taking opportunities presented to them on merit. Regardless of race, language or religion – it is a conviction Mr Lee held dear and one which all Singaporeans are assured of. That conviction of Mr Lee's was and continues to be of immense significance, of immense assurance to all races, especially the ethnic minorities, including the Eurasians. We have the space to practise our religious beliefs and our culture. We stand united, shoulder to shoulder, with all other races in Singapore. Mr Lee's belief of a Malaysian Malaysia which led to the belief of a Singaporean Singapore – not a Malay, Chinese, Indian or Eurasian Singapore – has allowed each racial community, whether a majority or a minority, or a small minority to strive towards the ideal of multiracialism, thereby unleashing potential of that other ideal, that of being one united people. For this, Singaporeans of all races are indebted to you, Mr Lee. On a personal note, Mr Lee Kuan Yew knew that I was the youngest Member of Parliament in the 2006 batch.”
“With rising cost and greater competition, the Government has consistently encouraged local businesses to look at different areas for new growth opportunities like innovation. Although industries which are unable to attract Singaporean workers and are thus more dependent on foreign manpower are suffering, such businesses tend to be manpower-intensive industries like the construction or processing industries, which find it difficult to adopt best practices and have been successful at raising productivity in other industries. Therefore, could the Minister explain what support MOM can offer to these SMEs?”
“Can the Ministry consider working with the relevant authorities to announce sites to be released for tender on a slightly longer term, perhaps on a yearly basis? This will help interested parties research and make more informed choices, such as sensible investment and pricing. Given the current and future climate of such developments, it is a big undertaking and bears huge risks for these employers. Madam, finally, the current dormitory operators will be given six months to comply with the new regulations and policies. Will this time be sufficient? My concern is for the older dormitories which may need major renovations and upgrading to the stipulated standards. Will the Ministry be working with the operators to customise and give those who need a little more time to revamp their operations, logistics and practices some leeway, but, of course, with close oversight? Madam, I support the Bill. 3.24 pm”
“They contribute to the brand name and reputation of Singapore when it comes to our handling of foreign workers. Therefore, I feel very strongly about this, that we should really review this on a more practical basis. What about employers who house their foreign workers on factory sites, in office buildings and makeshift places, including some residential areas, which are also Page: 48 overcrowded? I hope that we can work in stronger partnership with the Ministry and the URA in handling some of these issues that we face at the ground level. Next, can I also ask the Minister about the exclusion criteria being set at 1,000-bed spaces in the Bill as it stands? What proportion of our foreign workers currently will be excluded if we set this at 1,000-bed spaces, and what will be its target in the next three, five and 10 years perhaps? Madam, the licensing framework is a good progressive move on the part of the Ministry and I applaud that. It is also a step in the right direction forward towards the proper management of our foreign workers and it is also linked to their welfare. Their compliance to these regulations and licensing requirements will certainly pose heavy investments in various areas, and my concern is also that this may ultimately trickle down to the employers of foreign workers. How will the Ministry of Manpower (MOM) be monitoring this as we move forward? Next, the land prices for building dormitories have reached pretty high levels now and, at times, even unprecedented levels. For example, recently, a tender was awarded for nearly S$150 million for a dormitory for housing some 9,000 foreign workers on a 20-year-old piece of land. And this is just one example. This, again, represents the very heavy investment I referred to earlier.”
“Also, could the Minister outline how the Ministry will keep a close eye on dormitory operators to prevent them from deliberately keeping numbers below the 1,000-bed threshold to escape the licensing requirements proposed under this Bill? Therefore, in setting out a new regulatory and licensing regime, we must be careful not to inadvertently incentivise dormitory operators to circumvent these important requirements by deliberately operating dormitories with less than 1,000 beds. While the majority of foreign workers have expressed their satisfaction with respect to working conditions in Singapore, many of them leave their families behind in search of a brighter future. Therefore, we should respect the dignity of these foreign workers by providing them with safe and humane living conditions. I would like to ask the Minister whether there will be a move to extend the regulations contained in this Bill to dormitories which have less than 1,000 beds. Nonetheless, Madam, I support this timely Bill. 3.20 pm Assoc Prof Fatimah Lateef (Marine Parade): Mdm Speaker, I stand in support of the Bill. Pertaining to the threshold set at 1,000-bed spaces, I can understand the practicality of this from the Minister's explanation. However, my concern is that the smaller dormitories – 600-, 800-, 999-bed spaces – are we going to subject them to some kind of regulation? Sure, there are current guidelines that are present and in practice, but we all know that there are some improvements that still need to be done. I echo hon Member Christopher de Souza's call to update us as to whether there will be plans, going forward, for these smaller dormitories as well. Next, Madam, whatever the size of the dormitory, all of them play an important part and role in housing our foreign workers.”
“Mdm Speaker, I rise in support of this timely Bill. As of June 2014, there were about 770,000 non-domestic Work Permit holders in Singapore. About half of those workers are non-Malaysian construction, marine and process workers who require housing in Singapore. Presently, such foreign worker housing, whether small or large, are subjected to rigorous regulatory standards. Such regulations include the safe upkeep and maintenance of sanitary and hygiene conditions. However, in recent months, there have been several unsettling reports that have called our attention to the poor living standards and conditions that some foreign workers are subjected to. For example, in November last year, a spot check conducted by the Migrant Workers' Centre found about 50 construction workers from Bangladesh and India being housed in two-bedroom condominium apartments along Selegie Road. Possibly the most troubling was a photograph that was published in August, which exposed the deplorable living conditions and bathing facilities that some foreign workers were subjected to when they were housed on-site at a construction site in Punggol. Page: 47 I support this Bill, Mdm Speaker, but I would like to ask three pertinent questions. The first is: would the Minister clarify why the proposed licensing regime only seeks to target larger dormitories with 1,000 beds and over, when a large proportion of foreign workers in Singapore reside in dormitories which have less than 1,000 beds? While these smaller dormitories will continue to be caught under existing regulations, what was the reason for not including them under the new framework as well?”
“Very well, Madam. Thank you. I did press "Present". I did. Thank you.”
“Mdm Speaker, a point of clarification. I have voted "Yes" the first time round but it may not have been registered. So, I think I am the reason for the "extra" one. If I could be recorded as "Yes" for both the Second and Third Readings. Thank you.”
“It raises our standards of combating TIP domestically and internationally and sends a strong signal of our continued commitment towards dismantling this evil and in upholding justice. Ultimately, is this law about ourselves, or does it extend beyond ourselves? It extends beyond ourselves. Many will be exploited foreigners. But this House will not turn the other way. It will, I hope, acknowledge the vulnerability of the exploited and protect each one of them. I urge the House and, indeed, all persons who hope for a better Singapore to give your fullest support to the Bill, to extend a hand and a heart to the vulnerable who are exploited. Page: 123 Sir, I beg to move. [Applause.]”
“It is, therefore, our hope, through our various assistance measures and avenues, to conceal the identity of witnesses and informers that the Bill provides for. We have victims who are emotionally and physically able and cared for and encouraged and willing to assist in investigations and trial. This goes a long way towards promoting the objectives of the Bill in deterring TIP. Some Members have raised questions on international benchmarking. In developing this Bill, we have, indeed, benchmarked ourselves to international standards and norms, especially the UN TIP Protocol. Laws from other jurisdictions, such as the US, UK, Australia, Hong Kong and Taiwan, were also studied and our laws are aligned in most respects. For instance, Hong Kong law similarly prescribes up to 10 years' imprisonment for sex trafficking-related offences. While certain jurisdictions prescribe even higher maximum imprisonment terms, our laws provide the option of caning, which can be imposed in deserving cases. Nevertheless, I must stress that we have been mindful to ensure that all terminology and measures we have adopted internationally work well with our existing frameworks and laws. We want to ensure our measures are enforceable and pragmatic. I think I have covered the points that have been made. I thank once again the Members who have spoken for their comments and their support. In conclusion, Sir, human trafficking is an inhuman crime which leaves victims buried in anguish and hopelessness. The introduction of this Bill is one of the many efforts we can undertake to stay ahead of this scourge and protect our most vulnerable. It attempts to empower the powerless and give a voice to the voiceless.”
“On the contrary, by allowing the Government agencies to make a thorough assessment on each victim's needs, we ensure we have a victim care regime that is robust, flexible and fair. As Senior Minister of State Masagos has explained, there are specialised investigation teams within the agencies that look into trafficking cases. These are staffed with experienced and competent officers who are trained to identify, refer and provide for genuine victims, based on their respective needs. Let me assure Dr Intan that the Director of Social Welfare will only appoint Child Protection Officers, counsellors, psychologists and social workers in voluntary welfare organisations who are trained in addressing the needs of victims of child abuse. On this point, let me also assure Mrs Chiam that the Director of Social Welfare will be able to provide for all trafficked victims, as provided for under this Bill. There are also established protocols to support frontline officers in their roles so that all cases of potential trafficking are investigated thoroughly and managed sensitively. Members would be glad to know that the suite of victim care services is also regularly reviewed and enhanced under the National Plan of Action. The task force is committing Page: 122 significant effort and resources to this cause, including studying how we can partner civil societies – so, partnership is very much a part of this – to better deliver services to the victims. This, to me, is the hallmark of an effective regime and is one that the Bill seeks to uphold. Dr Janil and Mr Gerald Giam observed that successful prosecution of the offenders depends largely on the cooperation of the victims. I agree.”
“This process applies uniformly to all categories of crime and the Bill should not fetter the exercise of the Public Prosecutor’s discretion. I would like to touch on Dr Janil Puthucheary's point. I think he was quite nuanced about false claims. I touched on it earlier but I would like to address it because I like to respect that point, which is a valid point. What is our thinking on false claims if indeed all of these victims' rights are hardwired into the Bill? Traditionally, vice activities are deterred via raids. So, you have enforcement raids and the Vice Branch goes down and these are conducted regularly and perhaps 50 ladies are rounded up. If you are rounded up, you have every incentive to say, look, I have been trafficked and I have all of these rights – employment, legal residence, wage and so on – it becomes a very difficult exercise for the Police and, certainly, for those in the Attorney-General's Chambers, to decipher who is and who is not a genuine human trafficking victim. I think we should have the confidence in our officers to determine and assess who deserves and which unique victim deserves a unique type of victim measure that they require and to provide a compassionate and unique set of assistance for each of these vulnerable victims. So, that, essentially, is a practical difficulty of hardwiring, in a legislative format, victim protection measures into the Bill, rather than have them in a balanced approach and dealt with in an honest fashion administratively, with appropriate discretion. Sir, this approach of not entrenching all measures in the Bill does not mean that effective victim care cannot be provided.”
“This is a real risk and is a key reason why the Bill has refrained from hard-coding measures like legal residence and employment as rights or entitlements. This is unprecedented in our local laws and doing so only serves to make the assessment process more rigid. In the worst case, it opens the regime to abuse by incentivising persons to claim that they were trafficked in order to gain access to these measures. This could complicate investigations and create enforcement difficulties. Instead, the Bill continues to adopt a balanced approach by leaving the assessment and provision of the various victim care measures to the professional discretion of the ground agencies. For instance, depending on the circumstances, victims can be provided special passes to even stay in Singapore and will be provided even temporary employment under MOM's Temporary Job Scheme, as Senior Minister of State Dr Amy Khor has explained. On a related point, Mr Alex Yam and Mrs Chiam have touched on immunity from prosecution for victims and whether we can provide for it within the Bill as an assurance to victims who come forward. As a matter of practice, I understand our authorities usually do not prosecute a victim for offences which they are compelled to commit as a direct consequence of being a TIP victim, quite simply because they have not acquiesced or consented to and they may not even have the requisite mental element or the mens rea to commit these under compulsion. So, I think some comfort can be derived from those legal Page: 121 principles. The Public Prosecutor makes a detailed assessment based on the full facts of each case, not least the degree of culpability of the parties involved.”
“And the authorities do leverage heavily on the compassion and the unique insights of VWOs and the shelters which are currently occupied with this meaningful work. Page: 120 Mrs Lina Chiam also talked about clause 19(1). I think Mrs Chiam's point was whether all victims, whether victims of human organ trafficking, sexual exploitation or victims of labour trafficking, could avail themselves of the rights under clause 19(1). The answer is yes. They may avail themselves of these rights. So, one group is not discriminated vis-a-vis the other group. So, what is effective victim care? As Senior Minister of State Masagos has mentioned, effective victim care is a model that delivers the required support services to victims promptly and reliably, based on their needs. These needs differ from individual to individual. This is affirmed from my own interactions with victims at a local shelter, where it struck me how unique their circumstances were. In this regard, it is not meaningful to exhaustively list out all the measures that can be provided in the Bill, if we do not intend to provide them all as a common suite to each victim. I believe this is a point made insightfully by Mr Zainal Sapari and I thank him for his work and the work of his colleagues at the Migrant Workers’ Centre. An effective victim care model is also one that is robust against abuse, as some Members have noted. Ms Tin Pei Ling has cautioned that we should prevent the law from being abused as a backdoor to gain legal residence and employment. I think Dr Janil Puthucheary’s comment on mitigating false claims of trafficking is also relevant in this context. We agree fully and I am, indeed, very mindful that the Bill should not encourage such behaviour.”
“I echo what Dr Janil Puthucheary had said that the best cure is prevention and one should not look at a simple arithmetic to see how many parts of the Bill are allocated to victim, enforcement, prevention and so on. A suite of measures and prevention is specifically the best upstream cure. But I can understand the Members' concerns and I do not wish to underplay them in any way. Senior Minister of State Masagos has provided an explanation on the Government's priorities and efforts in this area and how the existing victim care regime operates in relation to the Bill. I will not repeat those points but it bears emphasising that the measures in the Bill do not stand alone and complement what is currently available to all victims of crime. The provisions in Part 4 of the Bill precisely seek to support the delivery of effective care to victims and not detract from it, although I accept that views may differ on the means to bring this about. On what the Members very recently raised, for example, employment as part of the measures in victim protection in the Bill, my experience speaking with some trafficked women is that they do not want to be employed. They want to stay in the comfort and security of a shelter. So, it may not be wise to overly prescribe or be overly prescriptive in terms of what measures we want to load the Bill with. An administrative flexibility to our enforcement officers on the ground may be the better remedy and the better measure. Mr Giam talked about partnership. Yes, the taskforce certainly partners and I have worked with partners in this field. So, it is not only about prevention; it is not only about protection, but it is certainly also about partnership.”
“We need to import these powers specifically into the Bill so that the MOM officers will be able to lean on them when investigating and enforcing. The powers will be similarly useful in the context of investigations into the more serious potential trafficking cases. I echo the point that Mr Zainal had made about the necessity for enforcement officers to be allowed to carry non-lethal defensive aids for protection during operations. These Page: 119 operations are not without risk and I would add that officers are equipped with the doctrines and training to carry out these tasks responsibly and professionally. If a Member or any NGO is aware of any specific allegation of abuse by the enforcement officers, I strongly advise them to refer it immediately to the proper authorities, as opposed to making general claims in this House, and I am sure it will be thoroughly looked into. I now come to the issues pertaining to victim assistance. All Members who spoke have touched on victim assistance and the importance of providing victims with adequate protection and support so that they are facilitated in their recovery and are encouraged to report their cases and testify against their traffickers. I am ad idem, I am of a similar mind with many of the Members who have spoken up for the victims in this House. I assure the House that this is wholeheartedly the shared view of both the Taskforce and I. Mr Alex Yam, Ms Tin Pei Ling, Mrs Lina Chiam, Mr Gerald Giam and, indeed, many interested segments of the public have queried as to why the protection measures accorded to victims under the Bill seem so limited.”
“So, this intention to protect the victims, which is Dr Intan Azura's point, has already been subsumed in the legislation. I should also add that the Bill does not act alone and other punitive levers remain applicable. For instance, the Court, when convicting an offender for a TIP offence, may additionally make an order under the Criminal Procedure Code to compensate his victim for the harm caused and losses incurred. This is in response to Mr Gerald Giam who wanted some form of civil remedy to be introduced into the Bill. Under section 359 of the Criminal Procedure Code, a Court is bound to consider whether or not to award compensation to a victim of crime and, if he or she is so inclined, then he or she must do so. So, the law already caters for what Mr Giam has in mind in terms of that form of remedy and what Mrs Lina Chiam talked about on reparation and restitution. It is already subsumed in section 359 of the Criminal Procedure Code which this Bill can lean on. Furthermore, a trafficker's ill-gotten gains may, additionally, be subject to confiscation under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act, once the offence of trafficking is scheduled in that Act. Our position is unambiguous. TIP offenders can expect to pay a very heavy price for their crimes. This is no different from our stance towards other serious crimes. With regard to the scope of enforcement powers in Part 3 of the Bill, let me assure Mrs Lina Chiam that the powers are adapted from the Employment of Foreign Manpower Act – an Act which already exists in our Statute books – and are not new; neither are they excessive. MOM officers already possess these powers to support their investigations into labour violation cases.”
“It is also aligned to the offence of offering to sell organs or blood from another person under section 14(2A) of the Human Organ Transplant Act (HOTA). This offence is similar to the act of trafficking for the purposes of organ harvesting which the Bill covers, hence, the intense deliberation on the parity of sentencing with our existing suite of laws. As a further deterrent, we have also provided for a caning sentence. This is apt, given that elements of force and coercion, as well as the serious exploitation of the human form, are present in trafficking offences. We have adopted a similar discretionary caning penalty of up to six strokes for a first-time offender from the Moneylenders Act for the offences of unlicensed moneylending and harassment which, we can all agree, is another serious crime involving syndicate elements. Repeat offenders face up to one-and-a-half times the punishment, including caning of up to nine strokes, which will be mandatory in such Page: 118 instances. On Dr Intan Azura's point for heavier penalties to be imposed where the victim is a child, this has already been expressly indicated as an aggravating factor in clause 4(2)(c) and the provision will seek the Court's consideration to impose a stiffer sentence than what would ordinarily be applicable to deter such perpetrators. Just a brief explanation – for a first-time offender, it is up to 10 years' imprisonment. The first-time offender may not, in the Court's discretion, receive up to 10 years. For example, the Court's discretion moves him or her to pass a sentence of six or seven years but, because of an aggravating factor which is listed in the Bill, the Court then has the discretion to increase the sentence to something higher, say, eight or nine years.”
“Next, I come to the territorial scope of the Bill. Mr Zainal cites the example of trafficked fishermen to illustrate how the Bill allows us to do more in cross-jurisdictional trafficking cases where the victims are transited through Singapore. In fact, I received a report from NTU journalist students, who passed me the report personally, on this serious issue. Action can be taken as long as any part of the act has been committed within our borders. This is notwithstanding that exploitation may not have taken place in Singapore. I should repeat that – this is not notwithstanding that exploitation may not have taken place in Singapore. The Bill recognises the transboundary nature of the offence and allows us to contribute to combating TIP regionally. With regard to the penalties for TIP, all Members have supported the need for firm deterrence. The call for stiff penalties was also unanimous during the public consultation exercise. Dr Janil Puthucheary and Mr Gerald Giam have suggested for higher penalties than what is being prescribed, in view of the syndicated and severe nature of the crime. Let me address this important issue. The proposed penalties that we see in the Bill are established on two key principles – proportionality and deterrence. The penalties must be proportionate to those for similar crimes in our other criminal laws and they should also be severe enough to deter would-be offenders. As mentioned in my opening speech, we have pegged the imprisonment term to the offence of importing a woman for purposes of prostitution under section 373A of the Penal Code, which also provides for a maximum 10-year imprisonment sentence and reflects similar gravity.”
“Under this Bill, we can recognise all elements of the Trafficking Act under a single offence and prosecute the perpetrator to the fullest extent of the law. Officers will also be vested with necessary powers to detect and investigate these crimes. In the context of labour trafficking, Mrs Lina Chiam has asked for the reason why the Bill has not provided a definition for terms, such as "forced labour" and "deception". The interpretation section of the Bill provides a fairly comprehensive, not a very comprehensive, set of definitions for the key terms that are used. On balance, we felt that some of the terms should be kept broad to provide our Courts with sufficient flexibility to apply them to the diversity of cases that they will receive before them. The definitions in our existing laws and the international conventions, such as the Forced Labour Convention that Mrs Chiam has cited, will certainly be useful references. While the Bill possesses a wide scope of application, given that TIP is a serious offence carrying severe penalties, it is important for the thresholds to be appropriately high. The prosecution must show all three elements of action, means and purpose to make out a trafficking offence. This ensures that we do not incorrectly elevate lesser violations into TIP offences where they are not warranted and also acts as a safeguard against false claims of Page: 117 trafficking, as Ms Tin Pei Ling had noted. However, this is not to say that we will not go after cases that fall short of TIP. As Senior Minister of State Dr Amy Khor has noted, other pieces of legislation, such as the Penal Code, Women’s Charter and the Employment of Foreign Manpower Act, will continue to penalise related offences that may not need the TIP threshold.”
“I would like to thank all nine Members who have spoken in affirmation of the ethos and objectives behind the Bill. I would like to thank Senior Minister of State Masagos and Senior Minister of State Amy Khor for conveying the Government’s unequivocal support and for explaining how our agencies can leverage on the Bill to enhance their anti-TIP efforts. It is clear from this debate and the discussions leading up to it that the issues relating to TIP are complex. It is for this reason that we have developed the Bill from the backbone of extensive and meaningful consultations. Over the past year, we have canvassed a wide range of opinions, many with great emotion and interest. We have considered all of them very carefully and incorporated them into the Bill where appropriate. The Members have raised a number of issues. These can broadly be categorised into a few themes, namely, the scope and coverage of the Bill, territoriality, penalties, enforcement powers, victim assistance and protection, and international benchmarking. Let me address them in turn. First, I will touch on and clarify the rationale behind certain definitions adopted in the Bill. Much effort has been spent in scoping appropriate definitions, given its far-reaching implications, as Mr Zainal Sapari has highlighted. Exploitation can take many forms and Mr Alex Yam and Mr Zainal Sapari have portrayed this vividly with the cases that they have cited. Should any of these activities happen in Singapore, these are the exact situations that we envision the Bill will cover. Mr Yam's example illustrates the need for a dedicated piece of legislation that is sufficiently robust to cover the full range of TIP activities.”
“[(proc text) Question proposed. (proc text)] 5.30 pm Page: 84 [Deputy Speaker (Mr Seah Kian Peng) in the Chair]”
“She refused to work the first day, she refused to work the second day and was adamant that she would not become a sex worker, and good for her. She said she was physically beaten up on the third day as a sex worker to pay back what she owed. Soon after, she found an opportunity to escape and sought help. She is currently residing safely in a shelter and away from her environment of harm. The second story is one of a lady who was destitute and was told she could earn a sizeable amount of money by coming to Singapore. In her desperation to earn money to support her family, she agreed to the offer and left her home town. Upon her arrival, she was similarly told to prostitute herself to make a living and to repay her debt. She was told to work on a daily basis from 9.00 am to midnight – and all of us in this House can agree that this is extremely exploitative by any measure. After three days, while her captors were distracted, she saw an opportunity to escape and she took it. She is now recovering safely in a shelter and receiving counselling support. These two stories encapsulate what this Bill is all about – whether it is sexual exploitation, labour trafficking or organ trafficking, this Bill seeks to protect the most vulnerable of the vulnerable – the innocent who often do not have a voice and who are caught in a merciless web of exploitation. The intention is that this Bill will dismantle syndicates and prevent the exploitation of innocent women, men, girls and boys. I firmly believe that, one day, perhaps soon, societies will be measured by how they care for and protect their most vulnerable. If this Bill can help save one life, then it would be all worthwhile. It is our hope, of course, that it will save many more lives than just one. Mdm Speaker, I beg to move.”
“I would also like to thank MSF, MOH, MinLaw, AGC, Singapore Police Force and ICA for the valuable discussions we had on the policy considerations for the Bill. It has been a privilege to work alongside these officers, and the officers in MHA and MOM who are dedicated to the cause of combating TIP and, of course, the 300 individuals from the religious groups, business community, NGOs, VWOs and like-minded Singaporeans and residents who participated in the six focus-group dialogue sessions. Thank you for your passion, support and ideas, without which this Bill would not have been possible. Madam, this Bill seeks to dismantle human trafficking syndicates and protect people who have been trafficked. It plants a flag on Singapore – a flag that signifies that we will not stand for trafficking of people on or through our shores. In closing, I would like to share with colleagues in this House two stories of two different ladies whom I met during my visit to the shelter for trafficked women. Page: 83 The first is a story of a lady who was working as a chef in a country in the region. She was offered a job to work as a chef in Singapore. She considered her options carefully and found that the potential earnings that she could make from taking up the offer far exceeded what she was then earning in her home country. So, she left her child behind and came to Singapore in the hope of earning more money to support her family back home. Upon arrival in Singapore, she was told that she was in debt to the man who had arranged her entry into Singapore and that she would have to work as a prostitute and sexually service as many men as would be necessary for her to repay her debt.”
“I will now touch briefly on the other provisions in the Bill. To encourage the reporting of trafficking or suspected trafficking activity, clause 21 makes clear that information provided by informers cannot be admitted as evidence in any civil or criminal proceeding. In addition, no witness shall be obliged or permitted to disclose the name or address of any informer in respect of the offence, or state any matter which might lead to his discovery. Clause 24 empowers the Minister for Home Affairs to make rules for the purposes of the Bill. Mdm Speaker, human trafficking is real, cruel and must be stemmed. We, as a society, must speak up for the voiceless and helpless by sending as strong a signal as we can against these serious crimes. Indeed, this is the ethos behind the Bill. To prevent TIP from taking root in our community, our laws have to be comprehensive yet targeted, possess sufficient bite to punish perpetrators and deter would-be offenders and offer protection and support to those in need. The Prevention of Human Trafficking Bill strengthens these fronts by supplementing our existing suite of laws and measures. It raises our standards of fighting TIP, both locally and internationally, and will serve as a beacon to our enforcement officers who are involved in this effort. On this note, I would like to place on record my thanks to the TIP Taskforce, led by MHA and MOM, for their invaluable partnership in the past one year. I experienced first-hand their deep resolve to curb human trafficking in Singapore. Their partnership was especially meaningful to me, when debating and discussing the operational needs of the enforcement officers who will be relying on the powers contained in the Bill when carrying out operations on the ground.”
“The Bill endorses this established approach and codifies it under clause 19(1) which states that the Director of Social Welfare – or any person authorised by him – may provide trafficked victims with any such assistance as he considers practicable and necessary. This includes, but is not limited to, temporary shelter and counselling services. Both measures have been expressly cited as examples because they are commonly provided to victims to ensure they are quickly removed from their environment of harm and are supported in their recovery. Clause 25 makes a consequential amendment to section 16 of the Children and Young Person’s Act to allow the Director of Social Welfare, in his capacity as a protector under the Act, to commit trafficked child victims to a place of temporary care and protection where their safety can be ensured and they can receive specialised support. I should also add that these discretionary victim support measures complement other provisions in existing legislation, which we have refrained from duplicating in the Bill, which the judge hearing the case can nonetheless leverage on. For example, section 359 of the Criminal Procedure Code continues to apply and already makes it mandatory for a Court to consider whether to make a compensation order after convicting a person of an offence. Such order must be made where it is appropriate. This provides a means to compel an offender to pay damages to the victim, especially where the victim may not have the financial means or faces difficulties seeking such redress from the offender. Collectively, it can, therefore, be seen that we have a robust and flexible victim care framework in place; one that meets individual needs and signals our commitment to this Page: 82 area.”
“Clause 18(2) prohibits any person from publishing the name, address or photograph, or any other fact, which is likely to lead to the identification of the trafficked victim in such proceedings. These measures protect victims from being identified Page: 81 and encourage them to testify in confidence. This does not mean that sensitive cases that do not involve sexual exploitation will be denied similar protection. Clause 18(5) expressly provides that the Court's powers under section 7 of the State Courts Act and section 8 of the Supreme Court of Judicature Act – that is, to order any proceedings to be held in camera or to prohibit the publication or disclosure of the identity of a victim or witness, are not prejudiced. Under those Acts, the Court can order such proceedings to be conducted in camera if the Court is satisfied that it is "expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason to do so". Notwithstanding, it should be noted that it is a fundamental pillar of criminal justice that trials be conducted in open Court. Any deviation deservedly requires strong justification and much will depend on the facts and circumstances of each case. With regard to victim support, currently victims of abuse, including trafficked victims, are provided a range of services which includes temporary accommodation, food, counselling services, medical care and temporary employment. Each victim is assessed thoroughly, as the needs differ from individual to individual and the support measures are tailored and provided accordingly.”
“Police Officers are similarly empowered to invoke the powers in the Bill and can, additionally, rely on their powers conferred under the Criminal Procedure Code. The specific powers in clauses 8 to 16 are mapped over from existing legislation, primarily the Employment of Foreign Manpower Act. These include the power to enter and search premises, interview and gather evidence, retain and dispose of property seized during investigations and to arrest without warrant. These focused powers have proven to be necessary and effective by MOM officers in investigating labour violation cases and will be similarly useful in the context of investigations into potential trafficking cases. I now come to the victim protection and support provisions under Part 4 of the Bill. Much has been discussed regarding the welfare of trafficked victims during the public consultation exercise and also leading up to today’s debate. I would like to take this opportunity to explain what the clauses purport to do and how they work with the existing victim care framework. First, on the measures to protect victims in sensitive cases, the Bill adapts relevant provisions from the State Courts Act, Supreme Court of Judicature Act and the Women's Charter. Under clause 18(1), the Court can order the entire proceedings relating to a sexual exploitation case, or any part of it, to be held in camera, which means that it is closed to the public and the media. Where the victim in a sexual exploitation case is a child, in-camera proceedings are mandatory. In addition, a gag order will be in force for all proceedings regarding sexual exploitation.”
“To send a stronger signal against those who are minded to re-offend, the penalties for a repeat offender will be a fine not exceeding $150,000 and imprisonment for up to 15 years, essentially up to one-and-a-half times what a first offender could be liable to receive. Caning of up to nine strokes will also be mandatory for repeat offenders. Similar penalties are prescribed for the offence of knowingly receiving payment in connection with exploitation of a trafficked person. In calibrating the penalties, we have benchmarked them against comparable crimes of similar gravity in other Acts, such as the offence of importing a woman for purposes of prostitution under section 373A of the Penal Code which also provides for a maximum 10- Page: 80 year imprisonment sentence. The provision of a caning sentence is also found in other crimes, such as abduction and sexual assault, and is apt in this instance, given that elements of force and coercion, as well as the serious exploitation of the human form, are present in trafficking offences. Clause 4(2) also provides for the Courts to consider imposing heavier penalties within the prescribed range of penalties, where aggravating circumstances are present. These aggravating circumstances are not exhaustively defined and may include situations where death or injury is caused to the victim, where drugs or weapons are used during the act, where the offender has abused his position of authority or trust, or where the victim is particularly vulnerable. Madam, the enforcement powers are set out in Part 3 of the Bill. Clause 7(2) vests the relevant inspectors from MOM and MOH with authority to use the powers in Part 3 as "enforcement officers" under the Bill.”
“Clause 5 sets out acts which constitute abetment of the trafficking offence under the Penal Code. These include conveying instructions, providing transport or shelter, or participating in any act to promote the actual or intended exploitation of the trafficked victim. The scope of this clause covers ringleaders and masterminds who order their subordinates to carry out the trafficking acts, as well as middlemen who knowingly make arrangements to place trafficked victims with their exploiters. It will additionally be an offence under clause 6 of the Bill for a person to receive any payment in connection with the exploitation of another person with the knowledge that he or she has been trafficked. This targets persons, such as pimps and labour agents, who have received payment from the trafficking activity but who are not directly involved in the trafficking offence itself or in the abetment of it. Taken together, these provisions create an encompassing umbrella of offences that target the main TIP actors and allow us to take them firmly to task. Having outlined the scope of the trafficking and related offences, let me now touch on the penalties. To provide sufficient deterrence and reflect the severity of human trafficking, the Bill prescribes stiff penalties in the form of mandatory imprisonment terms and fines. Under clause 4(1), a first-time offender of a trafficking offence shall be punished with a fine not exceeding $100,000 and with imprisonment for a term not exceeding 10 years. Convicted persons may further be liable to caning not exceeding six strokes, which can be imposed at the Court's discretion where warranted.”
“The trafficking offence is gender-neutral, meaning that the trafficking of male and female victims is equally covered. The consent of a trafficked victim to the intended exploitation is also irrelevant when determining whether the offence is made out, that is, the offender cannot claim his victim’s consent to be a valid defence. The elements of the offence and definition of key terminology are adapted from and are consistent with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organised Crime, or the UN TIP Protocol, in short. Also, as aligned with international standards, the Bill defines a person under 18 years old as a child, and clause 3(2) stipulates lower requirements for the trafficking offence to be made out for child victims in recognition of their vulnerability to exploitation. To afford a child greater protection under the law, there is no requirement for the Prosecution to prove the methods or means used. It is sufficient for the Prosecution to show that there was an act to recruit, transport, transfer, harbour or receive a child victim for the purposes of exploitation. Page: 79 As TIP is a transnational crime, clause 3(4) holds a trafficking offender liable in Singapore, even if his acts which comprise the offence straddle between Singapore and another jurisdiction. This recognises the transnational nature of trafficking activities where the acts of recruitment and transportation often take place overseas, with Singapore being the destination or the transit point. Besides traffickers, persons who abet the offence are similarly liable to be punished.”
“Page: 78 The objectives of the Prevention of Human Trafficking Bill before Parliament today are four-fold. First, the Bill clarifies our legal regime by providing a formal definition of TIP and prescribing appropriate penalties to allow us to deal with human trafficking in a more targeted and deterrent manner. Second, it empowers enforcement agencies with the necessary investigation and enforcement levers to tackle TIP. Third, it provides measures to protect and support trafficked victims and encourage the reporting of trafficking or suspected trafficking activities. Lastly, the Bill will bring Singapore closer in line with international standards and uplift efforts to combat TIP in Singapore and the surrounding region. Mdm Speaker, let me now highlight the key aspects and provisions of the Bill. Clause 3(1) creates the offence of trafficking-in-persons and makes clear the three necessary elements for the offence to be made out. First, there must be an "act" of recruitment, transportation, transfer, harbouring or receipt of an individual. Second, this act must be accompanied by "means" of a threat or use of force, or any other form of coercion, abduction, fraud or deception, or of an abuse of power or a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over the trafficked victim. Third, these must be done for the "purpose of exploitation", such as sexual exploitation, forced labour or organ removal. As TIP is a serious charge, all three elements must be proved. Cases which fall short of the required thresholds may still be taken up by other existing laws, where appropriate.”
“It was against this backdrop that I had mooted last year the proposal to introduce a dedicated law against human trafficking. I was very encouraged by the Government's shared concern and their support. There was close collaboration with the interagency Trafficking-In-Persons (TIP) Taskforce, co-led by MHA and MOM over the past 11 months. As part of developing the Bill, the Taskforce and I also canvassed views from all segments of society. This is in the hope of creating a law that reflects the values of the community and one that we can collectively endorse and co-own. Between March and April 2014, four separate public dialogues were conducted. These complemented two private dialogue sessions with NGOs, VWOs and interested Singaporeans. A consultation paper was also hosted on the REACH portal from 19 March to 18 April 2014. Almost 300 individuals, including NGOs, business leaders, religious groups and students, participated in the focus group dialogue sessions while others provided written feedback. Key findings during the public consultations were considered carefully. For example, it was raised during the public consultation that Singapore's definition of key TIP terms should not only be closely aligned with international benchmarks and standards, but should also be adapted to suit the local context. Another key finding was that the Bill should cover TIP perpetrators and all parties in the criminal value chain, including abettors, middlemen and facilitators of TIP offences. With the valuable feedback from internal and external partners and stakeholders, the draft was refined and augmented to ensure that this enforcement Bill would allow Singapore to deal holistically and decisively with human trafficking in Singapore and regionally.”
“The Children and Young Persons Act provides protection to a child or young person who is defined as under 14 and 16 years of age respectively, whereas the international standard classifies persons below 18 years of age as children for TIP purposes. Lastly, while the Employment of Foreign Manpower Act (EFMA) protects foreign worker well-being and employment conditions, the penalties contained within were crafted for employment offences, not the more serious labour trafficking offences. Mdm Speaker, allow me to emphasise that underlying this Bill is the need for us to show care and compassion for people, whether Singaporean or foreign, who have been, and continue to be, victims of human trafficking. If one is talking about vulnerability, this is a Page: 77 group of individuals that are extremely vulnerable, perhaps the most vulnerable of the vulnerable and, therefore, we must, out of principle, take steps to protect and care for them. Our role is not just to help them – we need to partner them and give them a sense of hope. We should partner them to restore their dignity – their dignity as a person, as a human being. When I visited a local shelter this year, I was moved by the commitment of the staff in their care for trafficked women. During a tour of the centre, they shared the centre's philosophy: "It is worthwhile to leave the whole world behind to save one life." Such is the commitment of the many good people who assist the vulnerable who fall prey to trafficking syndicates. The Bill shares that ethos. Indeed, if a syndicate is deterred from exploiting just one person as a result of this Bill, it would have served its purpose. Of course, it is hoped that the Bill will protect more than just one person from being exploited.”
“Mdm Speaker, I beg to move, "That the Bill be now read a Second time". Human trafficking is the acquisition of an individual by improper means, such as force, fraud or deception, with the aim of exploiting them. It is a lucrative transnational crime involving the recruitment, manipulation and abuse of vulnerable individuals. Many have referred to Trafficking-in-Persons, or TIP in short, as modern-day slavery and the global problem remains acute. Singapore is often described as a destination country for TIP. Through our existing criminal laws and active enforcement, the TIP situation in Singapore has been kept under control. Notwithstanding this, Singapore remains vulnerable to such crimes, not least because of our attractive economic conditions and status as a regional hub. This challenge is exacerbated by the increased movement of persons across national boundaries today and the ease with which they can do so. As such, we must continue to effectively detect and deter TIP activities with strong laws, supported by robust enforcement and victim support measures. Why do we need this specific law? While we have laws in place, such as the Penal Code, the Women's Charter, the Children and Young Persons Act, the Immigration Act and the Employment of Foreign Manpower Act to criminalise specific aspects of TIP, these do not operate under a consistent TIP framework. Furthermore, these laws were enacted some time back and would not have factored in prevailing TIP trends. For example, the Women's Charter is gender-specific and does not cover situations where men are trafficked. The Immigration Act deals more with the smuggling of persons into Singapore, as opposed to trafficking in persons.”
“A supplementary question. Would the Second Minister encourage the Police to red-flag cases where elderly victims are concerned and large amounts of money have actually been released to timeshare companies? Would the combination of those two facts give rise to special considerations where investigation is concerned?”
“I thank the Second Minister for his response. The Second Minister mentioned that half of the average of 110 reported cases per year were deemed to be criminal offences and at least investigated as such. May I enquire of the Minister about the other half: was it the Police's view that no dishonesty was involved on the part of the timeshare providers? Why I ask this question, Madam, is because in my constituency, I have had situations where the elderly have been cheated, have been misrepresented to, and from what I can see of the evidence, there was dishonesty. However, the Police took the view that that ought to have been a civil recourse case. My question really is: if there is dishonesty and dishonesty is represented, and a consumer acts on that Page: 26 dishonesty mistakenly, would that be rightfully categorised as a cheating offence?”
“However, I would be grateful if the good Minister could explain the rationale behind the exemption and how the Bill will not inadvertently encourage remote gambling through it. 5.33 pm”
“Therefore, I would seek the Minister's clarification to find out the thinking and rationale behind the exemption and how the Minister seeks to ensure that by having the exemption, we do not inadvertently encourage remote gambling. Would the Minister also elaborate on what other social safeguards, both formal and informal, will be put in place to protect vulnerable persons, like youths, and the society at large from the potential consequences of remote gambling? For example, will families be able to apply for family exclusion orders against members that may have caused or are in danger of causing serious financial harm to the family? By this, I mean should an exemption be given to an operator, will the exclusion orders be available to the family to exclude a fellow family member from going to a licensed operator who has received that exemption? Such measures will be essential to protect our community as problem gamblers are often unable to control themselves alone and need the help of their families and the community to kick their gambling habits. In conclusion, Madam, the Remote Gambling Bill should be viewed as being part of a wider effort by MHA to ensure that its legislative and policy levers remain effective to deal with emerging challenges like syndicated and organised crimes in Singapore and in the region. Therefore, the introduction of this Bill is timely, as it will ensure that our laws are kept up-to-date and continue to remain sensitive to changing times. It will act as both a helpful deterrent and a signal of Singapore's strict regulatory stance on remote gambling and other syndicated crimes.”
“To complement and enhance the effectiveness of these blocking measures, the Bill will also make it an offense to advertise or promote any form of remote gambling activity and this offence extends to both electronic and non-electronic forms of media. Together, these blocking measures and the prohibition against the advertising and promotion of remote gambling will act as a strong deterrent against individuals engaging in unlawful remote gambling. Although the access blocking measures may prove effective against casual remote gamblers, a determined, tech-savvy gambler may be able to easily circumvent these measures. Further, problem gamblers could set up bank accounts overseas so as to circumvent the payment blocking measures. In light of these potential problems, could the Minister clarify what safeguards will the Ministry put in place to monitor the remote gambling situation in Singapore and to ensure that these protection measures are not circumvented? Lastly, Mdm Speaker, the Bill lays outs the conditions and criterion that may be considered by regulatory authorities for the issuance of a certificate of exemption from the prohibition of the provision of remote gambling in Singapore. This is where it gets a bit difficult. On the one hand, we have enforcement and punishment which righty says that remote gambling should be deterred. Yet, we are also saying that there can be a medium through which remote gambling is legitimate. While we are saying that it is wrong and therefore we need to need to deter, but we are also saying in the Bill that perhaps, it can also be all right Page: 93 if done through the correct channel.”