Chua Sian Chin
Singapore
“Mr Speaker, Sir, I rise to speak on this Bill as a person who had been in Government for many years and before that in legal practice for more than eight years and now back in legal practice. While I was in Government, I had cognizance of the shortcomings of the legal profession.”
“It is 62 members out of a total of 1,335 practising lawyers. This has brought about a situation which no responsible government can let it pass in the public interest. The Government has good reasons to deal with this situation firmly. In fact, the present amendments have only made a small inroad in self-regulation.”
“At the same time, a minority group of activists has also chosen to take on the Government by calling an Extraordinary General Meeting of the Law Society to pass fierce resolutions against the Government. This group comprised only 62 members.”
“Though he has only limited Constitutional powers and acts on the advice of the Cabinet, he is the symbol of the unity, loyalty and aspirations of the people of Singapore.”
“- to hold classes for children of his constituents. What right has he got? The PAP MPs equally have no such rights. It is the right of the Government, if they think so, to have such classes. In fact, through the People's Association, they have been holding kindergarten classes in the community centres.”
“It is the Government who says that, and the Government has the right to say it because they are responsible for the Government of Singapore. And it is not what I say or what you say. Let me turn to the Member for Potong Pasir. He also produced some exhibits which are equally bogus.”
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“Sir, it is not intended to delete it. The Chairman: It is a transfer of the penalty provisions from one column to another.”
“Sir, I beg to move, In page 8, lines 28 to 31, to leave out - "Maximum 20 years or $40,000 or both Minimum 3 years or $5,000 or both" and insert a dash. Sir, this is a formal drafting amendment.”
“Sir, I beg to move, In page 7, lines 17 to 20, to leave out "Unauthorized import or export of diamorphine where the quantity is -`` and insert "Unauthorized import or export of controlled drug containing such quantity of diamorphine being -". Here again, Sir, the explanation is similar, i.e. to make it clear that the quantities of diamorphine (or heroin), which are specified for the imposition of the death penalty and other enhanced penalties for unauthorised import or export of diamorphine, relate to the quantities of this substance contained in any controlled drug. Heroin is not dealt with in its pure state in practice. Amendment agreed to Mr Chua Sian Chin: Sir, I beg to move, In page 8, lines 4 to 6, to leave out the heading "Specified drug or specified quantity thereof involved" and insert "Specified drug or quantity thereof or drug with specified content involved". Here again, Sir, this is an amendment consequential to clause 9 which amends subsection (2) of section 29. Amendment agreed to.”
“Sir, I beg to move, In page 7, lines 7 to 10, to leave out "Unauthorized import or export of morphine where the quantity is -`` and insert "Unauthorized import or export of controlled drug (except opium) containing such quantity of morphine being -". Sir, here again, the amendment is to make it clear that the quantities of morphine which are specified for the imposition of the death penalty and other enhanced penalties for unauthorized import or export of morphine relate to the quantities of this substance contained in any controlled drug. Morphine is not dealt with in its pure state in practice. It is not intended to impose the death penalty for unauthorized import or export of opium, and as opium also contains morphine it is excluded. Amendment agreed to.”
“Sir, I beg to move, In page 6, lines 4 to 6, to leave out the heading "Specified drug or specified quantity thereof involved" and insert "Specified drug or quantity thereof or drug with specified content involved", This, Mr Speaker, Sir, is a consequential amendment. Amendment agreed to. Mr Chua Sian Chin: Sir, I beg to move, In page 7, lines 4 to 6, to leave out the heading "Specified drug or specified quantity thereof involved" and insert "Specified drug or quantity thereof or drug with specified content involved". Sir, this is also a consequential amendment. Amendment agreed to”
“Sir, I beg to move, In page 5, lines 25 to 27, to leave Out "Unauthorized traffic in diamorphine where the quantity is-" and insert "Unauthorized traffic in controlled drug containing such quantity of diamorphine being -". Sir, the reason for this amendment is also to make it clear that the quantities of diamorphine (which is, in fact, heroin) which are specified for the imposition of the death penalty and other enhanced penalties for unauthorised traffic in diamorphine relate to the quantities of this substance contained in any controlled drug. Heroin is not dealt with in the pure state in practice. Amendment agreed to. 6.45 p.m.”
“Sir, I beg to move, In page 5, lines 16 to 18, to leave out "Unauthorized traffic" in morphine where the quantity is -" and insert "Unauthorized traffic in controlled drug (except opium) containing such quantity of morphine being -". Sir, the reason for this amendment is to make it clear that the quantities of morphine which are specified for the imposition of the death penalty and other enhanced penalties for unauthorised traffic in morphine relate to the quantities of this substance contained in any controlled drug. Morphine is not dealt with in the pure state in practice. In fact, it is not intended to impose the death penalty for unauthorised traffic in opium and as opium also contains morphine it is excluded. This is to make the provision clear. Amendment agreed to.”
“Sir, I beg to move, In page 5, lines 4 to 6, to leave out the heading "Specified drug or specified quantity thereof involved" and insert "Specified drug or quantity thereof or drug with specified content involved". Sir, this is an amendment consequential to the amendment to section 29(2) in clause 9. Amendment agreed to.”
“Sir, I beg to move, In page 3, line 24, to leave out from "committed" to "and" in line 26 and insert-- "---- (i) in the case of unauthorized manufacture, in relation to such specified controlled drug as is mentioned in the second column; and (ii) in the case of unauthorized traffic or import or export, in relation to a specified quantity of such controlled drug or to a controlled drug (except opium) containing such quantity of morphine or diamorphine as is mentioned in the second column;". Sir, this amendment is to make it clear that the quantities of morphine and heroin which are specified for the imposition of the death penalty and other enhanced penalties in the Second Schedule relate to the quantities of these substances contained in any controlled drug. Here again, morphine and heroin are not dealt with in their pure state in practice. Amendment agreed to. Clause 9, as amended, ordered to stand part of the Bill. Clauses 10 to 12 inclusive ordered to stand part of the Bill. Clause 13 -”
“Sir, I beg to move, In page 3, line 21, after "Class C drug", to insert ", except as otherwise provided in paragraph (b) of this subsection". Sir, this is a formal drafting amendment. Amendment agreed to.”
“Sir, I beg to move, In page 2, line 32, after "drug", to insert "in contravention of paragraph (b) of section 6". Sir, this is a formal drafting amendment. Amendment agreed to. Clause 6, as amended, ordered to stand part of the Bill. Clauses 7 and 8 ordered to stand part of the Bill. Clause 9 -”
“Sir, I beg to move, In page 2, to leave out lines 21 to 26 inclusive and insert- '(a) by deleting paragraph (b) thereof and substituting thereof the following:- "(b) 3 grammes of morphine contained in any controlled drug; and (b) by deleting paragragh (c) thereof and substituting thereof the following:- "(c) 2 grammes of diamorphine (heroin) contained in any controlled drug; or".'. Sir, this amendment is necessary to make it clear that the quantities of morphine and heroin which are specified for the presumption of trafficking in section 15 of the Act relate to the quantities of these substances contained in any controlled drug. Morphine and heroin are not dealt with in their pure state in practice. Amendment agreed to. Clause 5, as amended, ordered to stand part of the Bill. Clause 6 -”
“Sir, I shall explain the reasons for my amendments. The Member for Punggol has jumped the gun by asking for clarification so soon after I have moved the first amendment to clause 3. Some of the amendments are merely formal, as in the case of this amendment to clause 3. The amendments to clause 5, however, are not formal, and I will explain the reason at the proper time. Apart from the formal amendments, the other amendments are to make the provisions in the Bill very clear. I agree with the Member for Punggol that since the Bill introduces the death penalty we have got to be very clear about its provisions. For this very reason careful thought has been given in looking over the Bill and we would like to make it still clearer. Hence, these amendments. So it does not mean that no careful thought has been given to the Bill. In fact, a great deal of thought has been given to it. If the Member will bear with me, I will explain the amendments as they are moved. Amendment agreed to.”
“Sir, I beg to move, In page 2, line 9, to leave out the full-stop and insert - `; and (c) by inserting immediately after the word "thereunder" at the end of the definition of "traffic" appearing therein the expression "; and "trafficking" has a corresponding meaning".'. Sir, this is a formal drafting amendment.”
“Mr Speaker, Sir, I thank the two hon. Members for supporting this Bill. First of all, let me assure the Member for Anson that if a person is innocent and that he is being framed by someone who tries to fix him by putting controlled drugs in his premises, he need not have any fear. There will first be a thorough investigation and if he is found innocent he will not be prosecuted. Even if he were prosecuted, there is the second line, which is the court. A court will not convict any person if it has a reasonable doubt that the accused is not guilty of the offence charged. So I can assure the Member for Anson that persons found innocent will not be prosecuted and sentenced. The Member for Potong Pasir raised the point that in the explanatory statement to the Bill it is stated that "it will not involve the Government in any extra financial expenditure.'.' May I explain to him that the introduction of the Bill itself does not involve any extra expenditure. It does not mean that the Government will not have to spend any money on employing more enforcement officers if we want to step up our enforcement action against traffickers. Even if this Bill had not been introduced, if we want to increase enforcement action more enforcement officers will have to be employed and the Government will have to spend more money. So he can be rest assured that there is no contradiction in the statement at the end of the Bill. Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill - [Mr Chua Sian Chin] Bill considered in Committee. 6.30 p.m. Clauses I and 2 ordered to stand part of the Bill. Clause 3 -”
“Now that the Vietnamese refugees have left, the drug addicts are now back at the Centre. Recently, the Government made available to the Singapore Anti-Narcotics Association a former police post at Rumah Miskin to be used as a half-way house. This half-way house will be used as temporary abode for drug addicts who are unable or not ready to go back to their home environment upon discharge from the Drug Rehabilitation Centre. A comprehensive programme covering enforcement, penalties, treatment and rehabilitation is being built up to combat our drug problem. Sir, I beg to move. Question proposed. 6.20 p.m.”
“Director and other officers of the Central Narcotics Bureau, and clause 8 confers on them all the powers of a police officer under the Criminal Procedure Code in relation to an investigation into a seizable offence. Clause 6 introduces a presumption that a person whose urine is found to contain a controlled drug as a result of a urine test has consumed a controlled drug unless the contrary is proved. Further, clause 11 provides the Director of Central Narcotics Bureau with the power to require a person to attend an approved institution for treatment or rehabilitation if, as a result of a urine test, he deems such a course of action necessary. Clause 7 amends section 22 of the Act to make clear that a person arrested by an officer of the Bureau may be taken to the Bureau. All these provisions are to strengthen the hand and facilitate the work of CNB officers in dealing with drug addicts with a view to treatment and rehabilitation. Although the more severe penalties and some of the other provisions in the Bill are meant to provide the necessary deterrence to drug traffickers and pushers, there will be no slackening in the Government's programme to deal with the drug problem on other fronts. On the one hand, there will be greater deterrence to traffickers to cut off the supply of narcotics, and on the other, every effort will be made to treat and rehabilitate those who have already been hooked on to the drug habit by improved rehabilitation facilities. The Drug Rehabilitation Centre at St John's Island has been enlarged and its facilities upgraded to take in a total number of 600 inmates at a cost of $900,000. The female section of the Centre has been completed and can accommodate 120 female addicts.”
“Similarly, the maximum sentence for the unauthorised trafficking, importing and exporting of opium, cannabis and cannabis resin above a specified quantity is enhanced. For example, the unauthorised trafficking of heroin from 10 grammes to 15 grammes, morphine from 20 grammes to 30 grammes, opium exceeding 6 kilogrammes, cannabis exceeding 10 kilogrammes and cannabis resin exceeding 4 kilogrammes carries the maximum sentence of 30 years imprisonment and 15 strokes of the rotan. Without the amendment such offences would at most be punishable with 20 years imprisonment or a fine of $40,000 or both and 10 strokes of the rotan. The minimum sentence for such offences after the amendment will he 20 years imprisonment and 15 strokes of the rotan. The existing minimum sentence is three years imprisonment or a fine of $5,000 or both and two strokes of the rotan. These stiffer penalties for the lesser offences are introduced to harmonise with the imposition of the death penalty. Opportunity is also taken to include other amendments in this Bill. I need mention only the more important of these amendments. Clause 5 reduces the quantity of morphine from 5 grammes to 3 grammes and diamorphine (heroin) from 5 grammes to 2 grammes for invoking the presumption of trafficking in these drugs provided in section 15 of the Act. The morphine and heroin retailed in Singapore contain an average of 40% adulterants and 60% adulterants respectively. Taking this into consideration, the weights are lowered so that the weight of the pure substance is used consistently in defining the offence as well as for specifying the penalties.”
“It is usually mixed with other substances in the proportions of about 40% pure heroin and 60% adulterants. Each phial contains about 0.8 grammes of the mixed substance. Therefore, a person will only be in danger of receiving the death penalty if he has in his possession some 37.5 grammes of adulterated heroin which contains 40% of pure heroin. This works out to 47 phials. And it costs about $1,500 to buy this amount at the current retail price. It is, therefore, most unlikely for a person who is in possession of so much heroin to be only a drug addict and not a trafficker. An addict uses between half to one phial of heroin a day. Even if he is rich and can afford it, he does not buy more than two or three phials at a time for fear of being arrested and convicted as a trafficker. It is not possible to determine the addictive dosage of heroin and morphine to equate the weights of these two drugs for the purpose of imposing the death sentence. This is because the addictive dosage varies from one addict to another depending on the individual's physiology and psychological make-up. Therefore, medicinal dosage is used to differentiate the weights. Since every gramme of heroin is equivalent in medicinal doses to two grammes of morphine, it is provided that trafficking, importing and exporting of a controlled drug containing more than 30 grammes of pure morphine will attract the death penalty. Although traffickers of morphine and Clause 4 of the Bill makes statutory heroin dealing in quantities up to but not provision for the appointment of the exceeding the specified weights will not be hanged, the Bill provides for heavier sentences for them than those in existence.”
“The death penalty provided in the Second Schedule of the Bill is a close parallel to the provisions in the Iranian law in that the death penalty is imposed for the unauthorised manufacture of morphine and heroin irrespective of amounts involved, but in the case of unauthorised trafficking, importing and exporting of those drugs the death penalty is imposed only when the quantities exceed a specified weight. Under the Misuse of Drugs Act, 1973, trafficking is defined as selling, giving, administering, transporting, sending, delivering and distributing drugs. It is not intended to sentence petty morphine and heroin pedlars to death. It is, therefore, necessary to specify the quantity by weight, exceeding which the death penalty will be imposed. The weights refer to the pure substance. For heroin any quantity in which the pure heroin content is above 15 grammes will attract the death penalty. Such an amount when mixed with adulterants is sufficient to spike some 500 heroin cigarettes. One heroin-spiked cigarette is usually shared by a few beginners. Thus 15 grammes of pure heroin can do considerable damage and ruin a very large number of our youths. As a comparison, Iranian law provides for a mandatory death sentence where the trafficking only involves more than 10 grammes of heroin. Let me also allay the fear of those who may have the impression that drug addicts might inadvertently be hanged as a result of their having in their possession a controlled drug which contains more than 15 grammes of pure heroin. The heroin that is commonly used by drug abusers and addicts in Singapore is referred to as Heroin No. 3. This is currently sold in little plastic phials, at $32 per phial.”
“Equally significant is the fact that the number of traffickers arrested for dealing in heroin had also increased from six in the first half of 1974 to 26 in the corresponding period this year. These statistics show clearly that existing penalties under the Misuse of Drugs Act, 1973, have not been a sufficient deterrence to traffickers. In 1974 the Criminal Law (Temporary Provisions) Act was invoked to detain traffickers and financiers, and 31 major traffickers and financiers have been detained so far. Despite this threat of indefinite detention, trafficking is still rife. This is because it is lucrative and syndicates are prepared to look after the interests of traffickers and their dependants whenever they are caught and imprisoned. Clause 13 of this Bill, therefore, seeks to amend the Second Schedule of the Misuse of Drugs Act, 1973, so that the death penalty will be imposed for the unauthorised manufacture of morphine and heroin irrespective of amounts involved. The death penalty will also be imposed for the unauthorised import, export or trafficking of more than 30 grammes of morphine or more than 15 grammes of heroin. A number of countries, including Malaysia, Thailand, Philippines, Burma, Egypt, Nigeria, Turkey and Iran, have imposed the death penalty for the unauthorised manufacturing, importing, exporting and trafficking of hard drugs such as morphine and heroin.”
“Rampant drug addiction among our young men and women will also strike at the very foundations of our social fabric and undermine our economy. Once ensnared by drug dependence they will no longer be productive digits contributing to our economic and social progress. They will not be able to carry on with their regular jobs. Usually for the young men, they turn to all sorts of crime, and for the girls, to prostitution to get money to buy their badly needed supply of drugs. Thus, as a developing country, our progress and very survival will be seriously threatened. Singapore, as it is situated, is in a rather vulnerable position. The "Golden Triangle" straddling Thailand, Laos and Burma, which is the source of supply of narcotics, is not far from Singapore. Being a busy port, an important air communication centre and an open coastline easily accessible from neighbouring countries, it makes detection of supplies of narcotics coming in difficult. Further, the manufacture of morphine and heroin is not a complicated process and can be done in as small a space as a toilet. Our Central Narcotics Bureau has intelligence information that much of the heroin brought into Singapore has been manufactured in illicit laboratories clandestinely established in a neighbouring country. The Central Narcotics Bureau also reported that there was an abortive attempt to set up an illicit heroin laboratory in Singapore itself. Heroin is one of the most potent and dangerous drugs. In the first half of 1974 only nine out of 1,793 drug abusers arrested consumed heroin. In the corresponding period this year 1,007 out of 1,921 drug abusers arrested consumed heroin. Thus the number of heroin abusers arrested increased by almost 112 times in 12 months. This is an explosive increase by any reckoning.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, the tragedy of drug abuse has been presented in terms of the individual drug abuser and his family. The irreparable damage caused by drug addiction to the health and career of the drug abuser and the sorrow, anxiety and the shame caused to the family has often been emphasised. This, therefore, need not be elaborated upon here. But what is not sufficiently appreciated is the threat that drug addiction poses to national security and viability. If drug abuse were to be allowed to grow unchecked, particularly among our youths, we would eventually be faced with a dangerous national security problem. In no time we would find that it had penetrated right into the vital and sensitive institutions of the State, like the Police and the Armed Forces. This, in fact, happened in South Vietnam during those tortuous years of undeclared war and was a major factor leading to its eventual collapse. Drug addiction became rampant and uncontrollable there. It not only sapped the spirit of the soldiers to fight but also undermined their fitness to act out what little spirit that was left in them. Thus from the very onset they had no chance at all despite their superiority in firepower, military hardware and sophisticated gadgetry. We have some indications that there is a Communist plan to use narcotics to corrupt and soften the population of the various states in South-East Asia for the purposes of subversion and eventual take-over. It is, therefore, vital that we take the severest of action now to forestall it and stop the supply of narcotics into the country and check the spread of drug addiction.”
“I understand that the reason for the University authorities to continue to hold on to the subscriptions has already been given by the Vice-Chancellor when he met the students recently. The Vice-Chancellor told the students that he was not satisfied with the accounts of the Students' Union because the accounts showed that the Students' Union was indebted to the Australian Students' Union to the tune of $45,000 and that the Students' Union leaders were unable to satisfactorily account for this debt or explain why they were so heavily indebted to the Australian Students' Union. Another reason why he was not satisfied with the accounts was that a large sum of money made out as loans to former University of Singapore Students' Union councillors had still remained unpaid. The Vice-Chancellor and the University administration, who have a moral obligation to ensure that funds collected from every student are properly used for the benefit of the student body as a whole, therefore have rightly withheld the release of the funds until a satisfactory explanation from the Students' Union has been given to the University authorities, failing which the funds will be transferred to the new Students' Union when it comes into being. Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill-[Mr Chua Sian Chin]. Bill considered in Committee; reported without amendment; read a Third time and passed.”
“Mr Speaker, Sir, first of all, I would like to thank those Members who have come out positively in support of this Bill, and I believe that the support is quite overwhelming. May I just touch on the speech by the Member for Katong? He has put his points much more picturesquely in support of the Bill. I believe he is able to do so because, as he said, he had watched what happened from his office in the Extra-mural Department, which overlooks the lower quadrangle where they held rallies. As such, I am quite sure he speaks with solid experience. It now, leaves me to answer two questions which have been raised by Members. The Member for Jalan Kayu wants to know why we do not propose to refer this Bill to a Select Committee. There are two reasons. The first is that it is quite a clear-cut Bill. There is no controversy except the controversy thrown up, as stated by Members, by a coterie or a small group of vociferous student leaders who want to cloud the issue with distortions. Secondly, this Bill is merely making the formal amendments. After the passing of this Bill, as far as the Students' Union is concerned, a statute will have to be enacted by the University Council, setting out in detail the provisions of the new Students' Union that will replace the existing one. As such, we do not think there is any need for this Bill to go to Select Committee. On the question brought up by the Member for Potong Pasir regarding funds which have been retained by the University authorities and, to-date, not released to the Students' Union, part of the answer has, in fact, been given by a few Members of Parliament who referred to the qualified report given by the external auditors on the 1974 accounts of the University of Singapore Students' Union.”
“As for the Political Club or clubs, I have already stated the reasons why they should register under the Societies Act like all political parties. An interim provision in the Bill makes it lawful for the University to retain Union subscriptions collected by the University before the commencement of the Act. This provision is made in anticipation of the University's new role as bankers of the Union and its clubs when the Act comes into force. The full amount of subscriptions thus withheld will be used for the benefit of the new Union and its clubs. However, there is also an interim provision for the University Council to make grants to the existing Union. The amendments proposed are in the best interests of the University. I shall be pleased to supply any further information which Members may require. Sir, I beg to move. Question proposed. 4.44 p.m.”
“The Union will be managed by a, Council consisting of committee members representing the various clubs constituting the Union, the number of seats on the Council for each club being in proportion to the size of its membership. Union subscriptions will be collected by the University and apportioned among the Union and its clubs by the University Council as it thinks fit. Sufficient funds will be set aside for the Union to maintain its premises and pay its staff. The balance will be allocated among the clubs in proportion to their membership. All the allocated funds will be retained by the University in separate accounts for the use of the Union and its clubs. The University will act as bankers for all student organisations. This will ensure that their financial' transactions are not disrupted by the annual change of office-bearers and that financial records are properly maintained. Clause 3 of the Bill, which will be the new section 13 of the University Act, provides .for the application of the Societies Act to the University of Singapore Students' Union and its constituent bodies when they are constituted in accordance with the new subsection (1) of section 45 of the Constitution of the University. However, the Minister in charge of societies is empowered to exempt the Union and any of its constituent bodies from all or any of the provisions of the Societies Act. I wish to state here that, as the Minister in charge of societies, I intend to exempt the Union and its constituent bodies except the Political Club section of the Union from the provisions of the Societies Act. This is because I believe that the University authorities can under normal circumstances well look after the proper functioning of the new Students' Union.”
“It is the intention of the University to have the new Students' Union made up of a number of clubs, including a Political Club, to cater to the academic and extra-curricular interests of the entire student body. Every student will be a member of the Union as well as a member of at least one but not more than three of the Union's constituent clubs. Each club will have its objectives defined in its constitution, and its activities managed by a Committee elected by and from amongst members of that club. For several years now, a few student, activists, quite a disproportionate number of whom were non-Singapore students, have dominated the Students' Union. They have sought to give the impression that the whole student population is behind them in their activities espousing the causes of communist political detainees, interfering in labour disputes and trade union affairs, and generally taking up anti-establishment political issues. Under the new Students' Union Statute, such students will have to rally their supporters openly under the Political Club section of the Students' Union. They will have to register themselves under the Societies Act like all political parties, and assume responsibility for their political activities like ordinary citizens in politics, without the protective camouflage of academic autonomy and student exuberance. Only Singapore citizens can be members of such political clubs, a requirement which applies to all political parties. The role of the Students' Union will be to look after the welfare of the entire student body within the confines of the University in such matters as student welfare and health service, recreational amenities, canteen facilities, and so on.”
“Provision is made instead for some of our own institutions, namely, the Ngee Ann Technical College and the Institute of Education, to be represented on the Court. The next proposed amendment relates to section 19 which provides for the Deans of Faculties in the University to be elected by their respective Faculties. The Deans are the key academic officers of the University. They are also responsible for the general administration of their respective Faculties. It is therefore vital that persons with the requisite academic standing and administrative experience be appointed Deans. The proposed amendment, therefore, provides for a Dean to be appointed by the Vice-Chancellor after consultation with the Faculty concerned to ensure that the most suitable person is appointed. The next proposed amendment, which concerns section 42, is a minor one. This section provides for a Convocation to be held annually for the conferment of degrees. In practice, the Chancellor now confers degrees in writing and those who attend Convocation, having already graduated, are merely presented to the Chancellor. The proposed amendment seeks to regularise the position by redefining the purpose of the Convocation. The last proposed amendment of the Constitution of the University seeks to delete the whole of the existing section 45 which deals with the Students' Union, and to introduce in its place a new section 45 on the same subject. The intention of the proposed amendment is to provide a more comprehensive range of organised activities for the benefit of the students. The details of the reconstituted Students' Union are not spelt out in the proposed amendment to this section. They will form the subject of a statute to be made by the University for this purpose.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The Bill before the House seeks to amend certain provisions of the University of Singapore Act which have become either obsolete or inadequate since the Act was first enacted. The proposed amendment to section 3 of the Act empowers the Minister, on the advice of the Council of the University, to make amendments in the future without having to introduce amending legislation in Parliament. This provision is necessary in view of the rapid growth of the University and its impending move to Kent Ridge. Moreover, universities in many parts of the world have found their circumstances and functions altered and their operation rendered difficult by antiquated constitutions which could not be revised without great difficulty. The present procedure of making amendments is too cumbersome and time-consuming. The amended procedure will ensure that the University's growth is not hampered or retarded by outdated provisions in the Act. The other proposed amendments mainly concern provisions in the Constitution of the University of Singapore as set out in the Schedule to the Act. The existing Constitution provides, under section 5, for preference in the admission of students to be given to persons domiciled in Singapore, Malaysia or Brunei. It is clearly desirable that preference should now be given to Singapore citizens above all others. The proposed amendment seeks to rectify this anomaly. Sections 13 and 16 of the Constitution provide for certain governments and institutions to be represented on the Court and on the Council of the University, appropriate in the years before 1965. These outdated provisions are deleted in the proposed amendment.”
“Mr Speaker, Sir, having got the clarification, may I ask the Member for Anson to submit details of his information so that it can be investigated? If it is true, then it is a very serious crime. As far as the National Registration Office is concerned, blank identity cards, whether pink or blue, are kept in safe custody. If he has any information he should submit it to me because this is a very serious matter.”
“Sir, before I answer the question, I would like to ask the Member for Anson for more details. What does he mean by "blank cards"? Are they forged identity cards or are they genuine identity cards stolen from the National Registration Office? Or are they identity cards stolen from the holders?”
“Mr Speaker, Sir, during the first 10 months of 1975, 33 illegal immigrants who were detected had forged identity cards. Arrest and prosecution of illegal immigrants, with or without forged identity cards, will continue. Under the National Registration Regulations, 1966, all Singapore identity cards have to be renewed periodically: (1) Regulation 15 provides that any person who has obtained his identity card or replacement thereof before attaining the age of 17 years shall re-register within a period not exceeding five years from the date of his first registration. (2) Regulation 16 provides that any person of the age of 17 years and above who has obtained his identity card or replacement thereof shall re-register within the tenth year from the date of his last preceding registration. The National Registration Office carries out re-registration exercises un- der Regulation 15 every year. Re-registration under Regulation 16 will begin next year. During re-registration exercises, the identity cards are checked to verify their rightful ownership arid the holders' status. Failure to re-register, as provided under the Regulations, is an offence which carries a penalty of imprisonment not exceeding two years or a fine not exceeding $3,000 or both such imprisonment and fine. A person who fails to re-register will not be able to enjoy the social benefits accorded by the State.”
“Government employees in these industrial or vocational training institutions, and other Government employees which the Minister may determine, will also be transferred to the Corporation. These employees will be given the option of remaining in the service of the Government. Their rights to pension, gratuity or other allowances payable by the. Government will also be preserved The Corporation will have a Chief Executive Officer who will be responsible to the Corporation for its proper administration and management. The Minister may also appoint other employees on terms and conditions determined by the Corporation. Clause 20 stipulates that the Corporation may, with the approval of the Minister, make regulations for the establishment of pension and provident fund schemes for its employees. Clause 22 confers personal immunity upon members and officers of the Corporation for any action taken by them for the purpose of carrying out the provisions under the Act. Part VI of the Bi1l contains provisions dealing with the Corporation's financial year, the financial procedure to be adopted by the Corporation, the audit, preparation and publication of annual statements of accounts and reports. Under clause 27, the Minister may make grants, approved by Parliament, to the Corporation to enable it to carry out its functions. Part VII of the Bill contains miscellaneous provisions dealing with such matters as the common seal of the Corporation, the execution of documents, and the power to make regulations relating to the appointment, promotion, dismissal and disciplinary control of employees. With the passing of this Bill a major step forward would have been taken towards reforming our penal system. Sir, I beg to move. Question proposed. 4.06 p.m.”
“The functions of the Corporation will be: (a) to manage and maintain the industrial or vocational training institutions transferred to the Corporation and such other institutions as the Corporation may establish for the employment, or industrial or vocational training of prisoners; (b) to provide or secure the provision of such employment or facilities for such training and to organise programmes therefore; (c) to provide technical training in skilled trades for suitable prisoners; (d) to promote the vocational skills of prisoners; (e) to require any prisoner to work pursuant to section 50 of the Prisons Act; and (f) to advise the Government on all matters relating to the provision of industrial or vocational training and technical training in trades for prisoners. The Corporation shall be governed by a Board whose members will be appointed by the Minister. The Board comprises: (a) a Chairman; (b) a Deputy Chairman who shall be the Permanent Secretary, Ministry of Home Affairs or his representative; (c) a representative each from the Ministry of Finance, the Ministry of Labour and the Industrial Training Board; and (d) not less than two but not more than ten other members. It is intended that a successful entrepreneur will be appointed as the Chairman and that there will be sufficient representation of the private sector on the Board. It can be seen from clause 16 of the Bill that the Board will have adequate powers and flexibility to perform the functions entrusted to it. Industrial or vocational training institutions, for the purpose of training prisoners, which were established by or vested and held by the Government, will be transferred to the Corporation as provided in clause 10.”
“The statutory board will be called the Singapore Corporation of Rehabilitative Enterprises, in brief SCORE. I shall hereafter refer to it as "the Corporation". The Prisons Reorganisation Committee also found that the existing prisoner-earning scheme is inadequate and does not provide sufficient incentive for hard work. At present, even the most highly skilled and productive worker in prison earns not more than $40 per month. Moreover, these wages do not allow the prisoners to contribute towards the upkeep of their dependants outside. Together with the establishment of the Corporation, the Government has decided that the prisoner-earning scheme will be revised to take into consideration the prisoners' skill. They will be placed on salary scales which would be comparable to those in the other industries. The revised earning scheme, which will be considered further by the Corporation once it is established, will range from $2.40 per day for an unskilled prisoner to $6.80 per day for a skilled artisan, depending on the product which he is making. Thereafter, prisoners will have to contribute towards their upkeep of board and lodging in prison. Prisoners will, however, be permitted to use a portion of their wages for canteen purchases. The remaining earnings would be credited to a compulsory savings account which would be opened for each prisoner at the Post Office Savings Bank. The prisoner's dependants would be permitted to draw upon his savings while the prisoner is serving his sentence. I would like now to mention the salient points in the Bill. The Bill is modelled on the Industrial Training Board Act. It provides for the setting up of the Singapore Corporation of Rehabilitative Enterprises.”
“To run the prison industries in an efficient manner there must be sufficient flexibility in the recruitment and promotion of key marketing and production staff, purchase of raw materials, contracting of work and so on. There will also be a need to expand or install new facilities and these should be done promptly. Such flexibility .is not available to the Prison Industries Section of the Prisons Department because it has to comply with administrative and finan- cial regulations like all other Government departments. Without the flexibility, private industries competing with the Prison Industries Section will have a decided advantage. On a number of occasions the Prison Industries Section was unable to meet orders because it was unable to maintain adequate stocks of raw materials. There has also been a high turnover and poor recruitment of skilled instructors owing to the more attractive salaries offered by other industries in the private sector. It is therefore necessary to put the organisation of the productive work in prisons on a new footing. The Prisons Reorganisation Committee examined the idea of forming a private company to run the prison industries but considered it unlikely that such an arrangement would achieve the desired results. Also there would be other problems, such as the heavy capital outlay, high turnover and the special nature of prison labour and the need for physical security. The Committee therefore recommended that a statutory board be formed to run the prison industries. A statutory board has more flexibility than a Government department and it is not precluded from Government help in the form of a subsidy or a grant. It was therefore decided that a statutory board should be established to run the prison industries.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The Prisons Reorganisation Committee which was set up to examine the reorganisation of the Prisons Department had recommended that work should be the primary medium for the rehabilitation of prisoners. Work helps to develop discipline. It also equips the prisoner with skill in a particular trade or vocation so that, when he is discharged upon serving his sentence, he could be gainfully employed and be a useful digit in society. This would help the prisoner to readjust himself on his return to society. Work in prisons would also enable every employable inmate to be a productive unit instead of letting him waste away his time. To date, the Prison Industries has been responsible for organising work programmes for prisoners. It was started in 1965 as a separate section within the Prisons Department. It provides facilities for various trades including woodworking, metalworking, printing, bookbinding, tailoring, footwear and leather craft, canework, timber processing and cement work. But it is only able to cater for a work force Of 1,900 prisoners out of an average of 4,000 prisoners. Even the work force of 1,900 prisoners are not optimally utilised. The Prison Industries as presently constituted is handicapped by a number of major problems, which include problems of staff, operational difficulties and inadequate work facilities. As on 31st July, 1975, there are 18 vacancies out of an authorised establishment of 74 posts for instructors. It can barely cope with its present work programme and much less carry out a programme of expansion.”
“Clause 3 seeks to make certain minor consequential amendments to the First Schedule to the Act. Sir, I beg to move. Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill.-[Mr Chua Sian Chin]. Bill considered in Committee; reported without amendment, read a Third time and passed. SINGAPORE CORPORATION OF REHABILITATIVE ENTERPRISES BILL Order for Second Reading read.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, in the combat of crime it is essential to have not only an effective police force to detect and arrest criminals but also an adequate system of punishment and rehabilitation of the criminals when convicted. Those who are convicted of serious crimes such as armed robbery, criminal intimidation and rioting should be sentenced to corrective training for periods of three to seven years. Such corrective training is provided for in section 3(1) of the Criminal Justice (Temporary Provisions) Act, but it applies only to persons who are not less than 18 years of age. A disturbing trend has now emerged in that more and more young persons between the ages of 16 and 18 years are committing serious crimes. However, this trend is not peculiar to Singapore. It is a trend which' is prevalent the world over. In 1970, the number of criminals within this age group who were sent to penal institutions totalled 186. This number increased during the following four years, that is, 1971-74. In 1974, the figure had reached 377. However, in the first six months of this, year, the number has already reached 377. Expressed as a percentage of the total number of criminals sent to penal institutions, those who were within the age group of 16-18 years in 1970 accounted for 6.5%. In the first six months of this year the corresponding figure has already reached 9.1%. The Prisons Reorganisation Committee recommended that the minimum age for corrective training be lowered from 18 years to 16 years to enable the District and High Courts to sentence younger criminals to corrective training. This recommendation has been accepted by Government and clause 2 of the Bill is intended to give effect to this recommendation.”
“Sir, during the period from 1st January, 1974 to 30th June, 1975, 1 DSP, 3 ASPs and 18 Inspectors resigned from the Force making a total of 22 resignations. There were also 10 optional retirements as follows:- Superintendent 1 DSP 4 ASP 5 --- Total 10 === In addition to the above, 2 officers proceeded on retirement under section 7(2) (j) of the Pensions Act. Therefore, the total loss from resignation and retirement during the period 1st January, 1974 to 30th June, 1975 is 34 for the rank of Inspector and above. The Member for Katong may be interested to know that the total strength of Inspectors and above on 30th June, 1975 was 582 out of an approved es- tablishment of 664, i.e. 82 vacancies, representing 12.3% of the approved establishment. In comparison, the total strength of Inspectors and above on 31st December, 1973 was 500 out of an approved establishment of 653, i.e. 153 vacancies or 23.4% of the approved establishment. VEHICLES OWNED BY CHARITABLE INSTITUTIONS (Exemption from double road tax) 4. Mr Ho See Beng asked the Minister for Finance if he will consider exempting vehicles owned by charitable institutions which are non-profit making organisations from double road tax.”
“First of all, they have to reapply, and then we will consider whether their circumstances have changed.”
“Sir, when I say that the policy is being reviewed from year to year, it is not just an empty statement. First, since last year we have been granting citizenship to skilled workers. Secondly, we have also been granting citizenship to those who have done national service. So the policy is not static. We have reviewed our policy and have added on to the criteria of requirements for citizenship. The minimum requirement is, of course, residential qualification, i.e, permanent residence for 10 out of 12 years. There are other requirements, like not being a burden to the State and so forth. With regard to those who qualify under the various criteria, how do we know that circumstances have changed? As I said, they must go and take their turn in the queue. So when their turn comes, they will be notified and interviewed. From the interview we will know whether their circumstances have changed or not.”
“Sir, there should not be a case of one officer pushing the matter to another. If the procedure is properly complied, a decision would have been made either to grant or riot to grant. But I do not know what happened. If there is a case, perhaps the Member can write to me and I will consider it.”
“Sir, I have already answered the question. A returned resident can apply for a new identity card and the application will then be considered on its own merits.”
“As the father wanted the passport urgently, the Assistant Controller advised him to submit a fresh application immediately as the previous application had to be withdrawn. The passport was issued to the boy on an urgent basis the next day. The moral of this story, Mr Speaker, Sir, is that you may get into unnecessary difficulties if you want the best of both worlds, as was the case with the boy's father. The Member for Anson's narration of the story is the father's version. That is only one side of the story. Unfortunately, the narration of the story puts the Immigration Department in a bad light.”
“The Member for Anson related the story of a boy who went through considerable difficulty before he was issued with an international passport. I have been informed by my officers of a case, the threads of which are very similar and it could well be the same case. The boy was born in Singapore on 7th February, 1963. His application for a passport was submitted by his father on 11th November, 1974 at the Immigration counter. Although his father had declared on the application form that the boy had no other passport, it was discovered later that the child's name was included in his father's foreign passport and that both father and son had entered Singapore on a visit pass. Since the boy was a Singapore citizen he had really no reason to travel on a foreign passport, but having entered Singapore on a foreign passport, his application for a Singapore international passport was therefore referred to a senior officer. The senior officer told the father that it was necessary for the boy to regularise his stay in Singapore by applying for a certificate of status before the issue of a Singapore international passport could be considered. 5.15 p.m. On 18th November, 1974, father and son called at the Immigration Department and produced the boy's Singapore restricted passport. This case was then referred to the Assistant Controller of Immigration who was in charge of the Passport Section. He found that the boy's case had already been regularised by the fact that the boy had a Singapore restricted passport and that his name had, since the previous interview, been deleted from his father's foreign passport. He then decided that the boy could be issued with a Singapore international passport.”
“Under the amendment to the law introduced last year, penalties for traffickers have been enhanced. Illegal immigrants and their harbourers or employers are liable to imprisonment for a term not exceeding two years or to a fine of $6,000 or to both such imprisonment and fine. Traffickers are punished with imprisonment of two to five years and are also liable to fine of up to $10,000 and to caning. In addition, their boats and equipment are also confiscated. Recently one trafficker was sentenced to 64 years' imprisonment and 12 strokes of the rotan, and another trafficker four years' imprisonment and eight strokes of the rotan. Keeping the illegal immigrants out of Singapore is not easy because of the close proximity of neighbouring countries and the accessibility of our coastline. The Immigration Department has since last year set up an Intelligence Unit to seek out traffickers. As a result it has achieved considerable success in tracking down a number of traffickers who are now in gaol serving heavy sentences. With regard to congestion at Empress Place office of the Immigration Department, in early 1974 the Immigration Department secured an extra area of 11,330 sq, ft, at the headquarters, Empress Place. This extension of office and waiting space has helped to ease the congestion. Railings have been constructed at crowded sections of the counters to induce the public to queue up. This has been done, for instance, at the Passport counter where numerous applications are received daily. In addition to the railings, more cushioned benches have been placed for members of the public who have to wait. The issue of the various immigration documents is also done in an orderly fashion.”
“Mr Speaker, Sir, to take the question of the Member for Bras Basah first. The position is that the old Singapore paper identity cards have ceased to be valid documents after 31st January, 1967, vide Government Gazette Notification No. 145 dated 20th January, 1967. In view of this, persons who are away and still hold old Singapore identity cards are not automatically eligible for Singapore laminated identity cards. If they wish to return to Singapore, they must first apply to the Immigration Department for the necessary permits to return. If their applications are approved, they may then apply for new laminated identity cards after their return to Singapore. This is necessary because many people who have been residing in a foreign country for a long time may have lost their permanent resident status. With regard to illegal immigrants, brought up by the Member for Anson, the majority of the illegal immigrants are brought into Singapore by traffickers, some of whom are organised into syndicates. Concerted action continues to be taken by the Police and the Immigration Department on illegal immigrants. The Marine Police who patrol the territorial waters of Singapore are on the lookout for small vessels which sneak in with illegal immigrants on board. Police and Immigration Officers carry out surprise checks at work sites. They also conduct raids based on information gathered by the Immigration Department. This has resulted in numerous arrests of illegal immigrants. In 1972, 1973 and 1974, the number of illegal immigrants arrested was 1,547; 2,223 and 1,365 respectively. On arrest these illegal immigrants were prosecuted and imprisoned, and then repatriated. The traffickers were dealt with severely.”
“Sir, that is equally puzzling to me because there may be other reasons. If the details of the case are given to me, it will be investigated.”