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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“Mr Speaker, Sir, the reply from the Member for Anson is just begging the question. The very reason why we are here to renew this Criminal Law (Temporary Provisions) Act is that we can effectively take care of criminals -”
“The other point I would like to make is this. Although the police officer and the other witnesses are not presented in the Advisory Committee's proceedings to be cross-examined by the counsel or by the secret society detainee, the are available for cross-examination by the members of the Advisory Committee, who can therefore be in a position to ascertain whether this man is innocent or the man is guilty as his case has been put forward before the Advisory Committee. He also asked, "Why not have an appeal tribunal?" The answer is quite simple. The Advisory Committee itself is a tribunal. I think he should know that invariably the Chairman of the Advisory Committee that deals with these criminal law cases is a trained lawyer. Almost all of them are trained lawyers. They are assisted by two other members of the public, and there lies the safeguard of people who are innocent being detained. Then he asked about the length of detention. There again, the cases of those detained are also being reviewed every year by another advisory committee, which is also chaired by a member of the public who is also a lawyer. As far ,as locking up some of the detainees for long periods, some are detained and released on shorter terms and others have been detained for longer periods. And why did we detain them? Is it because we want to lock them up? May I inform the House that, in fact, when they are inside every attempt is being made to rehabilitate them. In fact, may I inform the House that as a result of work therapy, ie giving them skills, the rate of recidivism among criminal law detainees is much lower than the rate of recidivism among convicted criminals. With regard to safeguards against people being wrongly -detained, as I have said in my speech, the safeguards are quite adequate.”
“Because he will have to disclose the names of the victims in the proceedings, then it defeats the whole purpose of this Bill. Let us be honest about the whole thing. The Member is a lawyer. He knows about the conditions in such cases, that if you allow such evidence, particularly the names of the victims and the names of the persons who have given evidence or statements to the Police, then it defeats the whole purpose. It is quite clear. I think a non-lawyer can also understand that. I think he is not straight when he brings up this point.”
“Well, I cannot go further than that. I think he has answered my question that there. are no such cases. The Member for Anson says, "Why is that?", although he understands that we cannot bring up the victims as witnesses before the Advisory Committee. He says, "Why not Police officers?" The answer is quite simple, if he is honest about it. If the police officers were to appear and be cross-examined in the proceedings of the Advisory Committee, then it will defeat the whole purpose of this Act.”
“Do you have any cases now of any innocent persons who have been detained?”
“Either 1959 or 1961, that he would not detain anyone longer than was necessary and that all precautions would be taken to safeguard detaining innocent persons. I will reiterate that that is the position today. We do not want to detain a person longer than is necessary. And if he says that there have been innocent persons who have been detained under this law, why does he not bring up cases of that nature instead of just making snide remarks and making statements in a left-handed way to suggest that there are such cases. If you have cases you bring them up.”
“Mr Speaker, Sir, the Member for Anson's long repetitive exposition has espoused the virtues of the rule of law. I do not disagree that, as far as the rule of law is concerned, there are virtues to have the rule of law. In Singapore we do have the rule of law. But his version of the rule of law may be quite different from my version of the rule of law.'”
“Of the six arrested, three were smuggling drugs through Singapore to other countries, and the other three were trafficking only cannabis and morphine. The Act also provides for the prevention of strikes and lock-outs in the essential services, especially in the water, gas and electricity services. These provisions are still necessary. There are adequate built-in safeguards in the Act to prevent its abuses. After thorough investigations by enforcement authorities, cases are put up to the Home Affairs Ministry for consideration. After being satisfied with the investigation, the Ministry must seek the concurrence of the Public Prosecutor. It is only then that a Police Supervision or a Detention Order is issued. The Order must further be confirmed or otherwise by the President upon recommendation of an Advisory Committee charged with scrutinizing the investigation and examining all documentary evidence and witnesses. At this hearing by the Committee, detainees or supervisees have the privilege of being represented by counsel. The Act has contributed considerably to the maintenance of public order. It is still needed to further suppress secret society activities, drug trafficking and other serious crimes. It is therefore necessary to extend the Act for a further period of five years. Sir, I beg to move. Question proposed.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The Criminal Law (Temporary Provisions) Act, formerly known as the Criminal Law (Temporary Provisions) Ordinance, was brought into operation on 21st October 1955. Since then it has been extended every five years. The Act will lapse on 20th October 1984, and the Bill is to extend the Act for another five years. The Act provides for the maintenance of public safety, peace and good order, the prevention of strikes and lock-outs in essential services, and detention and supervision of persons associated with serious criminal activities. Without invoking the powers of this Act it would not have been possible for us to suppress secret society and drug trafficking activities in Singapore. It is not possible to successfully prosecute secret society elements in open court because potential witnesses are intimidated and therefore are unwilling to testify for fear of reprisal. It is the same with drug traffickers as addicts are invariably threatened with dire consequences by the traffickers if their identities were disclosed. This makes the application of ordinary legal procedures to prosecute such offenders ineffective. The effec- tiveness of the Act in curbing secret societies, is shown by the significant decrease in the number of secret society incidents such as rioting, unlawful assembly, settlement talk and murder. From a peak of 416 such incidents in 1959, the number of incidents dropped to 12 in 1983.ln respect of drug trafficking, the use of the Act has resulted in smashing the organized syndicates smuggling large quantities of heroin, cannabis and opium into Singapore, and the break-up of their distribution network. Last year, only six large scale traffickers were arrested compared with 46 in 1977.”
“This section has seldom been used in the past as most of the armed robbers were charged and punished for the more serious arms offences such as carrying a firearm in a robbery or for discharging a firearm, punishable with a mandatory life sentence and the death penalty respectively. In order to put across a message to the collaborators of armed robbers that a serious view is taken of their offences, the Arms Offences (Amendment) Bill seeks to provide for a minimum of five years' imprisonment for the unlawful possession of firearms and ammunition and also for other offences under different subsections of section 3 of the Act. After all, it is what the offender thinks the penalty he will got rather than what is actually imposed that deters him from crime. This amendment will leave no doubts in his mind on what he will get. 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. CRIMINAL LAW (TEMPORARY PROVISIONS) (AMENDMENT) BILL Order for Second Reading read. 3.50 pm”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." In my earlier speech, I have already discussed the rising crime situation and the need for enhanced penalties for certain offences which have caused the most concern and alarm to the public. So, Mr Speaker, Sir, I will not take very much time this time. Enhanced punishment enacted by law has proved to be an effective deterrent against crime in the past. A good example is the Arms Offences Act introduced in 1974. The Act provides for, among other things, the death penalty for discharge of firearms in the commission of an offence and life imprisonment for having a firearm at the time of the commission of a scheduled offence. With the enactment of the Act, the number of firearm robberies dropped dramatically from 174 in 1973 to 3 in 1982. However, in 1983, the number of firearm robberies increased to 18, with firearms being discharged in six of the cases. This increase does not, however, disprove the deterrent value of the enhanced punishment. Most of the criminals involved in these 18 cases belonged to gangs of foreign criminals who thought they could manage to elude arrest by making a quick exit from Singapore after the offence. Recent Police intelligence indicates that these foreign criminals have adopted new tactics to reduce the chances of being apprehended with firearms. They usually deposit their guns with associates in Singapore before and after the commission of an offence instead of bringing them in and out of the country and risking detection. Presently, under section 3(1) of the Arms Offences Act, unlawful possession of firearms and ammunition is punishable with imprisonment of up to 10 years and with not less than six strokes of the cane.”
“Magistrate's courts, or whatever it is, I do not want to quarrel with him on the terminology. That will be wasting the time of the Members. The other thing is that by laying down these minimum sentences we do not in any way indicate that we lack confidence in our courts to administer proper justice. What we are doing, as I said, it provides certain guidelines. With regard to the point about the statement in the Bill which says, "This Bill will not involve the Government in any extra financial expenditure", I think that is a technical matter. It is good for making a debating point but, as you know, every measure that the Government makes will eventually involve Government expenditure. Even the printing of this Bill involves Government expenditure. So I do not think I need to elaborate further. But I would like to emphasize again that whatever Government expenditure is incurred in this respect will be worthwhile. As I have said, with longer term imprisonment, they get better opportunities for rehabilitation. And if our rate of recidivism goes down, and more of the offenders are well rehabilitated, then I think the saving will be very enormous, not only on the part of Prisons but also on money having to be expended to maintain law enforcement agencies and also on the economy of Singapore. It can be quite disastrous if we have a crime-ridden Singapore. 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. ARMS OFFENCES (AMENDMENT) BILL Order for Second Reading reed. 3.44 pm”
“Whether most of it is lay or not, it is not true that she refers only to lay justices. She refers to the whole of the subordinate courts in the United Kingdom.”
“I think we should not just look into precedents from members of the Commonwealth only; we do look into their practice. At the same time I think we should widen our horizon and look to other countries besides the Commonwealth. And Japan is a good example. They have practised such a system of minimum sentence and they have succeeded in being one of the developed countries with the lowest crime rate. With regard to the point made by the Member for Chong Boon about specifying maximum penalties, I do not think we can take that seriously. If the Member for Chong Boon reads the Tables (unfortunately I think he might not have the time to look into the Tables carefully), he will find that the actual average sentences of these offences are very much far below the maximum sentence. So if you up the maximum sentence, I wonder whether it can work at all or not because some of the maximum sentences is about seven years and the actual sentence is about 27 months. So you can up it to 10 years, maybe proportionately it may go up to another three months, six months. Is that what we want? The Member for Anson said Lady Barbara Wootton's lecture was with regard to lay justices. I think he is wrong. It covers all the magistracy in the UK. It does not only refer to lay justices.”
“And also those above 16 years old - he has such a discretion. But that is the existing law. I cannot say in the future whether we have to amend that law. I think it will depend on how this present legislation operates. If it operates well, that will be sufficient because the objective, as everybody agrees, is to deter criminals. From the tons of the Member for Anson, I think he also accepts the point that we must deter criminals. Let me now turn to the Member for Anson. He was making a lot of play on the taking away of the fundamental principles of giving the courts discretion in sentencing. This is only a minimum sentence. There still remains a very wide discretion on the part of the courts to determine the appropriate sentence. But what we are doing here is just to provide certain guidelines which Parliament, as the legislative body representing the people of Singapore, has a duty if it thinks fit to provide such guidelines. And that in no way interferes with the administration of justice. May I say that this has been done before under the Arms Offences Act. The provision of mandatory caning with regard to robbery has been in force for more than six, seven or eight years, and minimum sentences have also been provided under the Misuse of Drugs Act. So this is not something new. We have introduced this minimum sentence and it has proved effective, and we think that Parliament should enlarge the scope to other offences where the public regards that it should be done. This does not in any way take away the vast discretion of the courts in sentencing a person. May I say that Singapore is not the only country that has introduced the minimum sentence. As I have explained in my address earlier, the Japanese also have done the same thing.”
“So there is the safeguard that persons who commit such an offence because of youthfulness and so on will not be given a sentence which is mainly aimed at hard-core second offenders and those who are involved in such a syndicate. As far as the snatch theft is concerned, there again, as I have explained, a snatch theft may appear to be a simple offence but, in fact, if a snatch theft involves injury or hun to the victim, it amounts to a robbery. That is the sort of circumstance in which we are aiming at to use this amendment. There again, if the circumstances merit it, the Attorney-General's Chambers have got the discretion to decide under what section the person is to be charged. And also, before I could answer you on another point, the Member for Anson has been helpful in trying to answer for me. He mentioned the Probation of Offenders Act which allows the Magistrate the discretion with regard to young people aged 16 and below.”
“Mr Speaker, Sir, first, I would like to thank the Member for Punggol for his very ardent support of the Bill, particularly his sentiments regarding criminals and how they should be dealt with. Also, I would like to thank the Member for Chong Boon for his support. But may I also answer the queries that he has raised which are very relevant and which I should give an explanation. He mentioned the case of a person who is 16 years old who has been arrested and convicted for snatch theft, the minimum sentence that he would receive would be one year. He also mentioned the case of another boy 17 years old who stole a hub-cap and been convicted, he also will receive at least one year's jail. May I say, first of all, when the AG's Chambers prosecute the cases, not only will they determine whether there is a prima facie case to prosecute but also they look into other circumstances, that is under what circumstances the person has committed the, offence, the age of the person. It is within the discretion of the AG's Chambers to prosecute the person under the appropriate section of the Penal Code. If they do not think that in the case of the boy who is a first offender who has only stolen a hub-cap out of mischief and not as a person who is a member of a syndicate to steal vehicles from Singapore and dismantle them and send them to other countries for sale, then that is a different situation. In the first case, most probably he can be charged for simple theft and not under this new amendment that is before the House. On the other hand, the new amendment is primarily to deal with syndicates and hard-core criminals who commit theft of motorcars and other types of motor vehicles like motor cycles, and they must be dealt with severely.”
“It is therefore necessary to enhance the punishment for the various categories of robbery offences not just by the imposition of a minimum sentence but also by increasing the number of strokes given to convicted robbers. Clauses 19 to 25: Housebreaking Clauses 19 to 25 seek to enhance the punishment for the offence of housebreaking and theft. Housebreaking is a sinister offence because apart from losing one's property, there is always the possibility of the victim encountering the criminal which might lead to injury, assault, rape or even death. Such encounters had, in fact, occurred in housebreaking incidents in the past. The chances for such an encounter are greater at night than during the day when the occupants are more likely to be away. Such intrusions into a person's home leave an indelible mark which frequently result in him treating his house as a fortress. The quality of life of a housebreaking victim thus suffers in consequence. Many housebreakers are professionals and repeat offenders for whom an ordinary term of imprisonment will not be a sufficient deterrent. Clause 23 seeks to impose caning on such offenders as an additional deterrent. Sir, I beg to move. Question proposed.”
“Hell-riders have also been known to steal vehicles for their parts and for hell-riding. Clauses 17 and 18 further provide for enhanced punishment for dishonestly receiving or retaining stolen motor vehicle or stolen motor vehicle parts and assisting in the concealment of such stolen property. Clauses 6 to 9: Extortion Clauses 6 to 9 seek enhanced punishment for the offence of extortion even though the number of extortion cases has not shown any significant increase since 1977. However, it is anticipated that with the heavier punishment prescribed for robbery, the number of extortions would increase if the sentence is not enhanced as many criminals would commit extortion instead of robbery. This is because extortion is similar in nature to robbery except that while the victim of the robbery is put in threat of visible harm, the threat of harm facing the victim of an extortion is a deferred one. Clauses 70 to 16: Robbery Clauses 10 to 16 seek to enhance the punishment for all types of robbery. When mandatory caning for robbery was introduced in 1974, the number of robberies decreased dramatically in the following five years. Over the last few years, however, the number of robberies has steadily risen. This does not necessarily disprove the effectiveness of the punishment introduced in 1974. Although the number of robberies has increased, the increase has not been as high as for housebreaking and motor vehicle thefts. Although caning is still dreaded among the criminals, it is no longer thought to be unbearable. The fact that sentences meted out for robbery offences has been declining has further diminished the effectiveness of the enhanced punishment introduced in 1974.”
“This section has seldom been used because the existing maximum punishment of imprisonment is only two years which is lower than the maximum punishment of three years provided by the general section on theft. The clause enhances punishment for snatch theft. It sets the minimum punishment at one year. The maximum will be seven years. A snatch theft differs from an ordinary theft in that the victim is usually aware of the crime at the necessary time of its commission. It is closer in character to robbery because in many cases it turns into a robbery when confrontation or hun takes place. The number of snatch theft cases has increased from 490 in 1978 to 1,057 in 1983, as shown in Table 1 (Annex A). Clause 4: Rape Rape is a particularly vicious offence because the victim suffers mental anguish and trauma which is not easily healed. Rape is particularly despicable when it involves the use of threat of violence and where the victim is a child of tender age. Clause 4 of the Amendment Bill seeks to provide for enhanced punishment for such categories of rape. It is recommended that the punishment be made a minimum sentence of eight years' imprisonment and a minimum of 12 strokes of the cane. Under the existing law, if the court will no impose life imprisonment, it may only imprison the offender for 10 years or less. In other words, the court may not impose a sentence between 10 and 20 years. Clause 4 now removes this gap. Clauses 5, 17 and 18: Motor Vehicle Thefts Clause 5 provides for enhanced punishment for theft of a motor vehicle or any component part of a motor vehicle. As already mentioned, the increase in the number of this offence has been particularly dramatic. Stolen motor vehicles are frequently used for committing robbery, housebreaking and snatch theft.”
“The Penal Code (Amendment) Bill proposes to impose minimum sentences for all classes of robbery, housebreaking and theft, vehicle theft, snatch theft, extortion, raps and outraging of modesty. Let me now deal with each offence affected by the Penal Code (Amendment) Bill in turn. Clause 2: Outraging of Modesty Clause 2 of the Amendment Bill seeks to provide for aggravated form of outraging of modesty to cover the cases in which hun, wrongful restraint or fear is caused to the victim. Table 1 (Annex A) shows that the number of cases of, outraging of modesty has increased from 205 in 1978 to 460 in 1983. Outraging of modesty ranges from a simple touch of the body to an act which would otherwise qualify as rape had there been penetration. The existing law does not differentiate the various degrees of severity of the acts involved in commining an outrage of modesty. The existing punishment carries only a maximum of two years' imprisonment or caning or fine, or any two of such punishments. It is thus necessary to introduce this section to cover a range of aggravated instances of outraging of modesty. The proposed section also provides for enhanced punishment for committing an outrage of modesty in a lift or against young girls. A lift being a closely confined cubicle makes the offence even more hideous because the victims have no choice but to succumb. An offence committed in a lift raises great alarm in the neighbourhood and causes severe psychological trauma to the victim. Clause 3: Snatch Theft Clause 3 of the Bill re-enacts section 356 of the Penal Code which provides for the offence of Snatch Theft.”
“Where there is inadequate guidance in law on sentencing, the temptation to play for safety will be strong. To redress the situation, we have chosen to ask Parliament, which reflects the general views of the people of Singapore, to stipulate a minimum sentence to be imposed by law for certain offences which have caused the most concern and alarm to the public. I must, however, stress that the very wide discretion of the courts in sentencing those convicted of these offences still remains. Precedence on the Use of Minimum Sentence There is no lack of precedence for using the minimum sentence to combat crime. The Misuse of Drugs Act enacted in July 1973 is one of the most successful pieces of legislation in the world in the control of the misuse of drugs. Apart from the death penalty for drug traffickers trafficking illicit drugs above a certain amount, an important feature of the Act was to provide for minimum sentences for all types of drug trafficking offences and for repeat offenders for unauthorized possession of drugs. This piece of legislation, which has been successfully enforced for nearly 10 years, has contributed in no small measure to the control of the drug situation. To cite an example from overseas, Japan has a Penal Code that provides for minimum sentences for certain categories of offences among which are the offences of arson, rioting, counterfeiting, forgery, robbery and rape. There are other quite comprehensive guidelines on sentencing in the Japanese Penal Cods, especially on habitual offenders and offenders convicted of multiple crime. And Japan is one of the most successful industrialized countries in crime control. The various features of its criminal justice system have contributed in no small measure to this success.”
“Since the introduction of the VITB training scheme at the Reformative Training Centre in May 1982, a total of 107 inmates have undergone the training. 60 have since sat for the examination, with 38 passes or a success rate of 63%. Therefore, longer detention does not mean languishing meaninglessly for a longer period in prison. It means that the Prisons Department will have a longer period and a better chance to rehabilitate the prisoners. For the prisoners, it means that they would be better equipped to return to society and have a better chance of not returning to crime. Our prisons have sufficient capacity and rehabilitation facilities to cater for the enhanced punishments provided by the Bill. Need for Guidelines in Law on Sentencing As the notable English Magistrate and Social Scientist, Lady Barbara Wootton, pointed out in her celebrated Hamlyn lecture on sentencing policy delivered in 1963, and I quote: 'in the first place, sentencing decisions are always of importance - often of overwhelming importance - to the individuals concerned, and in the aggregate they are highly important also to the whole community: yet they are frequently made in a very few moments. Second, although in many cases the court has a very wide discretion in its choice of sentence, there are no explicit rules as to how the discretion should be exercised, nor indeed any explicit principles determining the object of the whole exercise. Third, in many cues decisions as to sentences fall to be made by amateurs, in as much as the subject of penology has no place in the training of a judge. Fourth, sentences may be possed by persons who have no first-hand knowledge of what they imply.' So in a way, inadequate sentences meted out by the courts are understandable.”
“This went up to $4,000 and $4,600 respectively in 1983. On the other hand, as shown earlier, these offences attracted far lower sentences in 1983 than in 1976. In fact, during this period there has been a steady decline in the sentences meted out to criminals. To a criminal, therefore, the risk now is much more worth taking than before. To a foreign criminal who will also be able to seek shelter in his own country after an offence, the temptation is almost irresistible. The message to foreign criminals must be: crime in Singapore does not pay. Effects of Detention on Recidivism A recent study of the rate of recidivism among prisoners indicates that offenders who serve shorter terms are more likely to relapse than those who have served a longer term of imprisonment. Table 4 (Cols. 1969 - 1970) (Annex D) which has also been distributed to Members shows that the relapse rate for offenders who served short terms of less than a year is 33.2%, compared to 27.9% for those who have served longer imprisonment. Table 4 - RELAPSE RATE BY LENGTH OF SENTENCE (Cols. 1969 - 1970) Longer terms of imprisonment enable the offenders to benefit fully from the rehabilitation programme of the prisons. Within the prisons, work therapy, vocational training, educational pursuits and counselling form the main features of the rehabilitation programme. Nearly all inmates in our prisons who are eligible for work and training are so engaged. They are also paid for the work they do in prison and they put their money in a savings account with POSB. Those with aptitude for specialized work, such as electrical wiring and welding are selected to undergo recognized courses leading to the Certificate of Competency conducted by the VITB.”
“In fact for the offences of outraging of modesty, extortion, snatch thefts and vehicle thefts, the courts are generally averse to custodial sentences. Tables 2, 2A & 3 & Graphs A and B - AVERAGE SENTENCES FOR ROBBERY AND HOUSEBREAKING OFFENCES 1976 TO 1983, AVERAGE PRISON SENTENCES (IN MONTHS) 1976 TO 1983, AVERAGE SENTENCES FOR OUTRAGING OF MODESTY, SNATCH THEFT, MOTOR VEHICLE THEFT AND EXTORTION 1976 TO 1983, RATE OF COMMON ROBBERY AND AVERAGE SENTENCES IMPOSED ON ROBBERS (1976-1983), RATE OF HOUSEBREAKING AND THEFT AND AVERAGE SENTENCES IMPOSED ON HOUSEBREAKERS (1976-1983) (Cols. 1959 - 1974) Consequences of Lenient Sentences Punishment meted out by the courts to offenders serve two main purposes: It is a retribution on behalf of the community and the victim for the crime committed; it is also a deterrent against criminals and would-be criminals. In the context of the community approach to policing, it serves another purpose - that of assuring the community at large that the authority has the situation in hand and that members of the public who are willing to cooperate with the authority can do so without fear of reprisal from the criminals. For punishment to serve all these purposes, it has to hun the criminal where it matters most and it must be proportionate to the gravity of the offence. Unfortunately, the sentences meted out by our courts today appear neither to hurt the criminal nor are proportionate to the gravity of the offence. This is also the general view of the public. With our level of affluence today, a housebreaker or robber stands to gain very much more than before by his criminal activities. Police estimates show that in 1976 the average take per robbery case was $1,200 and for housebreaking $1,800.”
“In 1983, on the average, a robber was sentenced to 14.9 months' imprisonment. The average sentence for a housebreaker in 1976 was 25 months. It dropped to only 9.4 months in 1983. For both robberies and housebreakings, the sentences on the average have gone down by more than half in the 8-year period. This downtrend prevails, in every major category of robbery and housebreaking regardless of the profile of the offenders, be they first offenders or repeat offenders, or offenders of one or two counts only or offenders of a series of such offences. This is shown in Table 2A (Cols. 1963 - 1966) (Annex B), which has also been distributed to Members. Similarly, the average sentence for motor vehicle thefts dropped from 5.8 months in 1976 to 1.8 months in 1983 while the average sentence for snatch thefts dropped from 17 months to 2.3 months. This is shown in Table 3 (Cols. 1967 - 1968) (Annex C), which has also been distributed to Members). In 1983, a robber actually received a lighter sentence on the average than a snatch thief would have got in 1976. Our study also indicates that statistically, there is a correlation between the average sentence meted out and the crime rate for these offences. They are almost inversely proportional to each other. Graphs A and B (Cols. 1971 - 1974) in Annex C (which has also been distributed to Members) show that the average sentences for robberies and housebreakings have generally been declining, while the crime rate for these offences has been rising. Other offences affected by the Penal Code (Amendment) Bill are not numerous enough for such analysis on sentences to be carried out meaningfully. However, the sentences imposed on offenders of these offences share one characteristic: they are generally inadequate.”
“Distrust in the Criminal Justice system However, by itself, the community approach to policing is not enough to check the upward trend in crime. Police efforts to win public trust and confidence have to be more than just an exercise in public relations. The Police must be able to show tangible results of whatever public cooperation they are getting to sustain the trust and cooperation of the community. Today, there are many members of the public coming forward to offer information on criminals or criminal activities to the Police who still insist on remaining anonymous. This is an indication that our criminal justice system still does not enjoy the complete confidence of the public. The constraint that a suspect can only be hold without charge for 24 hours, for example, reduces the chances of securing the conviction of an offender who has been arrested. The generally lenient sentences meted out to criminals mean that, even if a criminal is convicted, he would not remain behind bars for long and may soon come back to be a menace to the community, especially to the person who reponed an him. In order that community policing would have its desired effect, we must not allow public cynicism to develop on the effectiveness of the Police to protect them just because of lenient sentences. Lenient Sentences Let me now illustrate what I mean by the generally lenient sentences meted out to criminals with actual examples. The average sentences meted out for the individual categories of robberies and housebreakings are shown in Table 2 (Cols. 1959 - 1962) (Annex B), which has been distributed to Members. The Table shows clearly that a general downward trend prevails for each of these offences. The average sentence meted out to a robber in 1976 was 32.3 months.”
“The increasing number of housing units in our urban set-up and the rising affluence of its occupants have maximized the opportunity for crime. The increased number of foreign workers and tourists contributed to the increase in the number of potential criminals and victims. The relative affluence of Singapore has, in fact, attracted many foreign criminals, most of whom are hard-core and professional criminals. Foreigners account for an average of 13% of all offenders arrested, although they make up 7% to 8% of the population at any one time. In today's Singapore, any person who is willing to work would be able to find employment and earn enough for himself and his family. The criminals therefore commit crime not out of necessity but by choice. They are a far greater menace to society because they are motivated purely by greed and lust. Police Response The Police has responded to the crime situation primarily in two ways. The first is to get the active co-operation of the public to deter and prevent crime by adopting the community-oriented approach to policing. Various schemes to involve the community in crime prevention such as the Neighbourhood Watch Scheme, the Boys' Clubs and a close working relationship with grassroots organizations such as the CCCs and RCs have all been positive steps in this direction. The launching of the Neighbourhood Police Post system in June, 1983 has further advanced this approach to involve the community in crime prevention and to increase the degree of social involvement of the Police in the community. The second is to constantly upgrade Police professionalism and streamline police procedures and improve their capacity and effectiveness in detecting and solving of criminal cases.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Rising Crime From 1972 to 1978 the overall crime rate in Singapore has generally fluctuated within the narrow range of between 900 and 800 offences per 100,000 population. In 1978, the crime rate was 823 offences per 100,000 population. Since then, however, the crime rate has steadily increased and broken well clear of this range. It reached 1,635 offences per 100,000 in 1983. The crime trend suggests that unless drastic as well as comprehensive measures are instituted to arrest the uptrend, the rise will continue into the future. The crime statistics for 1978-1983 are given in Table 1 (Cols. 1957 - 1958) (Annex A). The Table has been distributed to Members of the House. Table 1 - CRIME STATISTICS 1978-1983 (Cols. 1957 - 1958) Of particular concern are the offences of robbery and housebreaking and theft. These two offences are representative of common serious offences against persons and property. In 1978, there were 870 robbery cases, and the figure has since risen to 1,500 cases in 1983. Housebreaking and theft has also been rising significantly from 1,738 offences in 1978 to 2,948 offences in 1983. Among the other offences, motor vehicle thefts registered the most dramatic increase. There were 1,907 motor vehicle thefts in 1978, and the figure has risen to 4,178 cases in 1983. Other offences such as rape, outraging of modesty, and snatch thefts also show a similar upward trend since 1978. Factors Contributing to Rising Crime Many factors have contributed to this general increase in crime. The cumulative effect of the drug problem began to show up around 1977.”
“Sir, the Singapore Fire Service has 18 ambulances which are deployed to eight fire stations strategically located throughout Singapore to provide a fairly even coverage. Serangoon and Central Fire Stations, which cover busier areas, have four ambulances each, while Alexandra Fire Station has three, Geylang two and the other stations one each. Although the service is tightly stretched at times, it is able to meet the requirements. There is a steady increase in the number of ambulance calls in the last five years from about 51,000 calls in 1979 to 61,000 calls in 1983, an increase of about 20%. The ambulance fleet was only expanded by two in 1982. The Ministry of Home Affairs, together with the Management Services Department, is studying the long-term needs of the Ambulance Service to ensure that a satisfactory level of service provided to the public is maintained. The number of ambulances will be increased if the study shows that there is a need for it. CENTRAL EXPRESSWAY (Ang Mo Kio Avenue 1/Yio Chu Kang Road Link) 8. Dr Lau Teik Soon asked the Minister for National Development when the section of the Central Expressway linking Ang Mo Kio Avenue 1 and Yio Chu Kang Road will be constructed.”
“No local fairs will be organized during the next financial year. The TDB has and will continue to help local companies participating in these trade fairs in the following ways: (a) taking care of the physical set-up of the national pavilion at the fair and undertaking publicity programmes to attract buyers to the pavilion; (b) assisting participating companies to market their products by providing relevant market information and arranging contacts with potential buyers; and (c) granting double tax deductions on company expenses incurred in the fair participation. PACKAGE TOURS FOR ASEAN REGION 4. Mr Yeo Toon Chia asked the Minister for Finance and Minister for Trade and Industry whether it is feasible to work with the other Asean countries to organize package tours of the whole Asean region in order to attract more tourists to Singapore and promote tourism in this region.”
“Mr Speaker, Sir, we are considering such a proposal but we have not finalized it. OVERSEAS TRADE OFFICES AND TRADE FAIRS (Particulars) 3. Mr Yeo Toon Chia asked the Minister for Finance and Minister for Trade and Industry (a) in which countries the new overseas trade offices will be set up in 1984 and what is the estimated volume of trade expected with these countries, especially our exports to them; and (b) how many trade expositions, locally as well as overseas, will be organized by the Trade Development Board and what are the measures taken by the Board to assist local manufacturers taking part in the overseas trade expositions. The Minister of State for Trade and Industry (Dr Wong Kwei Cheong) (for the Minister for Finance and Minister for Trade and Industry): Mr Speaker, Sir, I am answering on behalf of my Minister. The Trade Development Board (TDB) has set up a new overseas trade office in Dubai in the United Arab Emirates and another in Houston, in the United States, in the early part of 1984. For the rest of the year, the TDB plans to set up new offices in Sydney (Australia), Hong Kong and Brunei. In 1983, our total trade with these five countries amounted to some $28 billion or 26% of our total trade. Total exports to these five countries amounted to some $14 billion or 31% of our total exports. We expect the volume of trade and exports in 1984 to be as large as that in 1983. The actual volume of exports will depend on the level of economic activity in these countries, whether our price and quality are competitive and the marketing skills of our exporters. The TDB will be participating in 17 trade fairs overseas during the next financial year. These will be in major cities in Australia, Japan, the USA, Europe, Middle East and Southeast Asian countries.”
“It is a primary objective of the Civil Defence Plan that the people within a residential area should be trained and organised to render immediate assistance to each other during an emergency. Deployment of large numbers of well-trained and disciplined reservists who are residents in the zones and therefore familiar with the local environment would expedite Civil Defence preparations and increase Civil Defence consciousness in the community. 2.45 pm”
“Approximately 1,000 Civil Defence national servicemen are expected to go into Reserve service this year. Volunteer Civil Defence Units (VCDUs) have been formed in 31 constituencies. These volunteers are being trained to operate with reservists in the CCGs and ERGs. This combination of experienced reservists with trained civilian volunteers living in the Residential Zones will ensure that a firm Civil Defence capability is established right at the doorstep of every household. Approximately 1,500 SAF and 550 Police reservists will be transferred this year to Civil Defence service with numbers increasing over the next two years as the Singapore Civil Defence Force builds up its staff and training schools. These reservists, some of whom would have considerable leadership and technical training, will bring about a qualitative improvement in the Singapore Civil Defence Force. SAF and Police reservists who have technical skills acquired during National Service or in civilian occupation relevant for Civil Defence work will be posted to the ERGs. The SAF reservist officers and NCOs who have had experience in handling men and equipment will be able to make a major contribution to the effectiveness of the rescue units that will be raised to undertake rescue and repair missions. Officers and NCOs for these groups will be among the first from the SAF and Police to be transferred to Civil Defence. The bulk of SAF reservists, however, together with other Police reservists trans- ferred to Civil Defence, will be posted to CCGs in the Residential Zones where their presence will boost the Civil Defence Programme in the residential areas.”
“As a result of these training programmes, SCDF officers were able to provide public assistance in two recent incidents. 32 officers joined the HDB lift maintenance staff in lift rescue duties in February 1983 during the major power breakdown. Another 60 SCDF officers who were on stand-by for civil emergency were deployed to assist residents to clear debris and mud from the landslide at Depot Road during the recent torrential rain. Our regular officers will continue to train with other Government essential services to continually upgrade the quality of our Civil Defence Force. Since January 1982, the SCDF has been training Police and former part-time national servicemen transferred to Civil Defence reserve. 52 courses have been conducted for approximately 4,600 reservists over the past two years. These reservists are deployed mainly in their own constituencies where they form the Civilian Coordination Groups (CCGs) to undertake Civil Defence duties within their own Residential Zones. Later this year, the SCDF will train SAF and other Police reservists in more com- plex Civil Defence missions that require higher levels of technical skills and organization. These reservists will, on completion of training, be formed into rescue units known as Emergency Response Groups (ERGs). The full-time national servicemen in the Singapore Civil Defence Force are in the Construction Brigade. The first batch of these servicemen will go into Reserve service from April this year and will be posted to the CCGs or ERGs. With the skills acquired in the construction trade, they will be an asset to the community in Civil Defence missions requiring expertise in building, construction and excavation.”
“The present provisions in the Road Traffic Act and the Penal Code are designed for general traffic offences. Hell-riding, however, is a dangerous and wilful act motivated by a complete disregard for the law. Thus, the present provisions under these Acts do not cater to this element of blatant lawlessness. We are, therefore, considering introducing stiffer and more effective legislation aimed specifically at hell-riding and its eradication. CIVIL DEFENCE FORCE (Development of) 2. Mr Yeo Toon Chia asked the Minister for Home Affairs what is the present state of development of the Civil Defence Force and what plans his Ministry has to train and deploy reservists in the Civil Defence programme. Mr Chua Sian Chin: Mr Speaker, Sir, the Singapore Civil Defence Force (SCDF) has four main components: the regular staff, the reservists from full-time Police and SAF national service and those from part-time national service, full-time national service in the Construction Brigade, and the volunteers in the Residential Zones. The regular staff is responsible for the training and management of full-time national servicemen, the reservists, the volunteers and the civilian population in Civil Defence measures. Regular SCDF officers undergo a training programme that includes attachments to and training by the SAF and Government organizations which have important roles in Civil Defence. For instance, the Public Utilities Board has trained nine SCDF officers on utility repairs. The SAF has trained 16 SCDF officers in heavy plant operations.180 Civil Defence officers have been trained by the SAF School of Military Medicine. 95 officers have been trained by the Housing and Development Board Lift Rescue Unit.”
“In respect of safety of pedestrians, the Traffic Police is working closely with PWD in providing more pedestrian crossing facilities near housing estates and recreational parks along the expressways. Enforcement of Pedestrian Crossing Rules around these areas have also been stepped up. The Traffic Police have plans to upgrade the existing Expressway Patrol Unit to a specialized unit by replacing the patrol motorcycles with patrol cars which are generally safer, weather proof, and can carry more equipment, such as advance warning signs, beacons and emergency lighting, etc. The Traffic Police hope that by upgrading patrols, potential traffic offenders will be deterred and there will be safer driving along expressways. Last year, 94 hell-riders were arrested and charged for rash riding and driving under Section 279 of the Penal Code. In addition, 1,502 riders were booked for various offences, such as dangerous driving, reckless driving, driving without reasonable consideration to other road users, careless driving and speeding. A total of 4,620 vehicles were also impounded during the same period. In addition, a total of 6,522 motorcyclists and motorists were stopped and checked by the Traffic Police in connection with hell-riding activities. Their particulars were subsequently screened to ascertain whether they were driving whilst under suspension or disqualification and whether their driving licences were valid. The other measures that are also being taken include impounding vehicles suspected of being involved in hell-riding for inspection at the ROV, lectures to suspected hell-riders on various aspects of road safety and road discipline, and the collation of intelligence on hell-riding activities. We are continuing with all these measures without let-up.”
“Mr Speaker, Sir, the number of traffic accidents along East Coast Parkway and Pan-Island Expressway over the last four years from 1980 to 1983 was 1,019. Last year, there were 349 accidents on these two expressways with 20 persons killed. Motorcyclists and pillion riders ranked first with 10 deaths, followed by five pedestrians and five motorcar drivers/passengers. The expressways are generally safer to drive on than ordinary roads if drivers maintain road discipline and practise proper overtaking habits. However, since vehicles travel at a very high speed on expressways, any carelessness or breach of traffic rules is likely to lead to a serious accident. Thus, in 1983, there were 18 fatal accidents and 344 accidents resulting in injury on the expressways. The proportion of fatal accidents to all accidents causing injury on expressways was 5.17. This was 1.58 times higher than on ordinary roads. The same trend has persisted for the past few years. Since August 1982, the Traffic Police has set up an Interim Expressway Patrol Unit to patrol the expressways. Blitz operations by unmarked cars against moving offences and speed-check operations by officers using radar-guns are also carried out frequently. Enforcement is. mainly directed at speeding, road hogging and other moving offences which are the main causes of accidents. Between November 1982 and November 1983, 46,621 drivers were booked and 5,596 were warned by the Police. A brochure on expressway etiquette had been prepared and distributed during road safety exhibitions. Two filmlets reminding our drivers not to road hog and to maintain safe following distance were prepared in 1983. These filmlets, together with three other filmlets on road safety, are being telecast frequently over SBC.”
“There were 561 cases reported for the period June 1983 to January 1984 as compared to 597 cases reported in the 8-month period, October 1982 to May 1983, a decrease of 36 cases or 6%. The crime situation in Toa Payoh Division also compared favourably with the whole of Singapore. The monthly average number of serious crime at the national level has increased by 13.7%. However, the monthly average number of serious crimes for Toa Payoh Division has dropped by 7.4%. Home visits by NPP officers to strengthen the rapport between them and the residents constitute the core of the NPP System. The first visits were made by NPP officers in the company of members of CCCs or RCs. A booklet explaining to the residents the NPP concept in simple terms was distributed. It included profiles of NPP officers serving in the community so that residents will get to know them personally. The first series of home visits covered 52,419 households in the Division. The second series of home visits has already commenced. With regard to the evaluation of the NPP System, Japanese Police experts will assist in the evaluation of the first phase of the NPP System in June this year. Another nine NPPs will be built, five in Paya Lebar Police Division and four in Jurong Police Division. The five posts in the Paya Lebar Division will be built in the Ang Mo Kio housing estate, which includes the Chong Boon Constituency. TELOK BLANGAH CRESCENT MARKET (Construction of sheltered link) 4. Mr M.K.A. Jabbar asked the Minister for National Development what the position is in regard to the provision of a sheltered crossing between Telok Blangah Crescent Market and nearby shops, a matter taken up by residents during a Ministerial visit to the Radin Mas Constituency.”
“Mr Speaker, Sir, the primary objective of the NPP System is the establishment of good police-public relations. Better cooperation should lead to a lower crime rate. To evaluate the effectiveness of the system, we are adopting two approaches: (a) From the public viewpoint, by means of a public opinion survey; and (b) From the police viewpoint, by means of workload data. On the public opinion survey, a public opinion survey is being undertaken by Dr Jon Quah and Dr Stella Quah of the National University of Singapore. With regard to the police workload data, a number of new services were introduced in the NPPs to provide more opportunities for interaction between Police and public. These services include: (1) Changing of addresses in identity cards; (2) Giving directions and address guidance; (3) Providing crime prevention advice; (4) Engraving of valuable properties; and (5) Promoting the Neighbourhood Watch Scheme. The strategic locations of NPPs in the neighbourhood make police services readily available to the residents. They are now more willing to make reports or relate their problems to the Police. Favourable comments on the NPP have been received from the residents as well as grassroots leaders. A tangible result is the willingness of residents to form Neighbourhood Watch Groups (NWGs). 6,594 units formed NWGs in the first eight months as compared to 1,197 prior to the implementation of the NPP System. This represents an almost six-fold increase. The rapport between the Police and residents is better than before. The serious crime statistics in Toa Payoh Division also show a decrease.”
“They will have to deal with the problems in accordance with the nature of the problem if it is a question of discipline, as I told the Member for Kaki Bukit, that they have been on leave without permission, then they will be dealt with by the civil defence authorities as a disciplinary problem. NEIGHBOURHOOD POLICE POST (Progress) 3. Mr S. Chandra Das asked the Minister for Home Affairs (a) if he will report on the progress made on the establishment of the Neighbourhood Police Post; (b) what problems have been encountered, if any; and (c) when will the Neighbourhood Police Post be established in the Chong Boon Constituency.”
“Mr Speaker, Sir, as far as the first question is concerned, they are not confined to working in the HDB construction sites. Although the majority of them are working in the HDB construction sites, they also work for the PWD and other contractors as well. But most of them work with Government or HDB contractors. With regard to the second question as to whether they are supervised by the contractors or the civil defence officers, as far as the period where they are working under contractors, it is natural that they should be supervised by the contractors because the contractors are their employers.”
“Mr Speaker, Sir, in as far as the problems are concerned, there are not many. They are only confined to the minority of the NS men who for various reasons may not like to do the job of construction work. As a result, some of them do not work everyday. They work one or two days and then they commit AWOL or away from work without leave. So these are some of the minor problems that we face. But as I said, those who absented themselves from work, in other words, they do not discharge their national service commitment, they would be enlisted to do full-time national service.”
“Some contractors have also encouraged Construction Brigade men to upgrade themselves and have sponsored Construction Brigade men for the Certificate of Competency. The first six intakes of 1,641 Construction Brigade men, on completion of their on-the-job training, have been disrupted from NS and are now on free market employment with HDB's contractors. They are being paid market wages which can vary from $15 to $40 per day. More than 50% of the Construction Brigade men earn more than $20 per day. Some of the better ones, about 1%, are in fact earning as much as $40 per day. This is about $1000 per month which compares very favourably with the average national monthly wage of $925 per month. More than 50% of Construction Brigade men have regular attendance while on free market employment. Those with irregular attendance or poor performance are liable to be dismissed by the contractors. Such Construction Brigade men will be recalled for full-time NS. Construction Brigade men are deployed to work in about 160 HDB worksites. HDB's core contractors and major foreign contractors take in about 40% of the Construction Brigade men. Construction Brigade men working with these contractors are exposed to modern construction methods such as the use of prefabrication technology and mechanized methods of construction. This exposure will benefit them greatly should they decide to be construction workers after NS. From the progress reports of the first few batches of Construction Brigade NS men, the indications are quite encouraging.”
“Besides being trained in the basic civil defence skills of first aid, rescue and fire fighting, Construction Brigade men are also given construction trade training in a wide variety of trades such as barbending, bricklaying, plastering, tiling, pipe-fitting, building carpentry, painting, electrical wiring and prefabrication skills. On the average, more than 90% of Construction Brigade men have successfully completed the basic paramilitary-cum-trade training. Mr Speaker, Sir, three intakes of 976 Construction Brigade men are now doing on-the-job training at the Housing and Development Board's worksites, having completed basic training. The performance of Construction Brigade men during on-the-job training is good, with more than 75% of Construction Brigade men completing the on-the-job training successfully. The poorer performers are given remedial on-the-job training before proceeding to free market employment with HDB's contractors. Construction Brigade men who have completed their on-the-job training successfully have $1,260 credited to their CPF account as an incentive. This CPF bonus can be used later as down payment to purchase HDB flats. On completion of on-the-job training, Construction Brigade men can upgrade themselves and sit for the Certificate of Competency test conducted by the Vocational and Industrial Training Board. Holders of this certificate can sit for the National Trade Certificate Grade 3 after two more years of working experience. The performance of Construction Brigade men in the Certificate of Competency has been comparable to that of candidates from the general public who would have had at least two years of certified working experience. Thus far, about 213 Construction Brigade men have obtained the Certificate of Competency.”
“Mr Speaker, Sir, the Construction Brigade was formed in 1981 to build up a local construction workforce and civil defence capability by using more effectively National Service (NS) manpower resources normally channelled to the now disbanded pan-time Vigilante Corps. There is an essential need in civil defence of skills in the -construction trades for activities like excavation, damage containment, building repairs and reconstruction. This need is best achieved by training NS men in construction skills and involving them in actual construction work. It will, at the same time, enable the unskilled NS men to acquire a vocational skill for their career development after NS. As construction skills required for civil defence need to be practised continuously to retain familiarity, the best indication of whether the Construction Brigade has succeeded in its objectives is in the number of ex-Construction Brigade men who will continue working in the construction industry after NS. The first intake of 92 Construction Brigade men will complete their NS liability in April this year and go into civil defence reserves. Only then can we know for certain whether the Construction Brigade scheme has succeeded in encouraging local citizens to take up construction as a trade. Meanwhile, the progress of the Construction Brigade is as follows. Since the scheme started, 10 intakes of 2,937 Construction Brigade men have been enlisted, i.e. an average of about 290 each quarter. 320 Construction Brigade men are presently undergoing basic paramilitary-cum-trade training at the Civil Defence School and the Ponggol Vocational Institute.”
“Sir, I beg to report that the Committee of Supply has made further progress on the Main and Development Estimates for the financial year 1st April, 1984 to 31st March, 1985 and ask leave to sit again tomorrow.”
“That has also been done at the Woodlands checkpoint.”
“Sir, that has already been done, but not observed.”
“Plain-clothes officers on marked police motor-cycles and officers in uniform in unmarked vehicles are also deployed in areas where the offence of speeding is prevalent and where serious accidents have occurred but they do not hide behind bushes.”