Immigration Act 1959

Section 1

Short title

This Act is the Immigration Act 1959.

Section 2

Interpretation

Amended [18/2012]

In this Act, unless the context otherwise requires —“advance passenger information” means information relating to any passenger required to be furnished to the Controller prior to the arrival in Singapore of the vessel, aircraft or train (as the case may be) on which the passenger will be travelling to Singapore;“arrive” means —

(a)

in relation to an aircraft, the aircraft coming to a stop after landing;

(b)

in relation to a vessel or ship, the securing of the vessel or ship for any purposes, including for the embarkation or disembarkation of its passengers or the loading or unloading of its cargo or stores or both; or(c)in relation to a train, the train coming to a stop at a train checkpoint;“authorised airport”, “authorised landing place”, “authorised train checkpoint”, “authorised point of entry”, “authorised departing place” and “authorised point of departure” mean, respectively, an airport, a landing place, a train checkpoint, a point of entry, a departing place or a point of departure declared as such under section 5;“authorised area” means an authorised airport, authorised landing place, authorised train checkpoint, authorised point of entry, authorised place of embarkation, authorised departing place, authorised point of departure or immigration control post declared as such under section 5;“certificate” means a certificate of status issued under the provisions of any regulations made under section 55;“Controller” means the Controller of Immigration appointed under section 3;“Controller of Work Passes” means the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act 1990;“crew” includes every seaman on a vessel, and every person employed in the operation of an aircraft or a train or in any service rendered to the crew or passengers of an aircraft in flight or a train in motion;“Director of Marine” means the Director of Marine appointed under section 4(1) of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that subsection and such other officers appointed under section 4(3) of that Act as the Director of Marine may authorise to carry out any of his or her duties under this Act;“document” includes —

(a)

any endorsement;

(b)

any paper or other material where there is writing;

(c)

any paper or other material on which there are marks, figures, symbols or perforations that are —

(i)

capable of being given a meaning by persons qualified to interpret them; or(ii)capable of being responded to by a computer, a machine or an electronic device;

(d)

any article or material from which information is capable of being reproduced with or without the aid of any other article or device; or(e)any electronic record;“electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010;“employ” means to engage or use the service of any person, whether under a contract of service or otherwise, with or without remuneration;“entry” means —

(a)

in the case of a person arriving by sea, disembarking in Singapore from the vessel in which he or she arrives;

(b)

in the case of a person arriving by air at an authorised airport, leaving the precincts of such airport;

(c)

in the case of a person entering by land and proceeding to an immigration control post under section 26 or an authorised train checkpoint under section 25A, leaving the precincts of such post or checkpoint for any purpose other than that of departing from Singapore by an approved route;

(ca)

in the case of a child born in Singapore on or after 15 January 2005 who is not a citizen of Singapore, his or her birth in Singapore; and(d)in any other case, any entry into Singapore by land, sea or air,but shall not include in any case an entry made for the purpose of complying with this Act or an entry, expressly or impliedly, sanctioned by an immigration officer for the purpose of any enquiry or detention under the provisions of this Act;“entry permit” means a permit to enter or remain in Singapore issued under section 10;“harbour” means to give food or shelter, and includes the act of assisting a person in any way to evade apprehension;“immigration control post” means a post established as such by the Controller at a place declared to be an immigration control post under section 5;“immigration depot” means any place designated by the Controller for the examination, inspection or detention of persons under this Act;“immigration officer” means any person appointed under section 3;“immigration signal” means such signal as may be prescribed for vessels which arrive in Singapore;“leave” means —

(a)

in the case of a person leaving Singapore by sea, embarking in Singapore on a vessel which is about to leave Singapore and remaining on board such vessel at the time of its departure for any place outside Singapore;

(b)

in the case of a person leaving Singapore by air, boarding an aircraft in Singapore which is about to depart from Singapore; (c)in the case of a person leaving Singapore by land, boarding and remaining in a train or other vehicle which is about to leave Singapore; and (d)in the case of a vessel, an aircraft or a train leaving Singapore by sea, air or land (as the case may be), departing from any authorised departing place in Singapore by sea, or from any airport or train checkpoint in Singapore, for any place outside Singapore;“master” —

(a)

in relation to a vessel, means any person (except a pilot or harbour master) having for the time being control or charge thereof;

(b)

in relation to an aircraft, means the captain thereof; and(c)in relation to a train, means the driver of the train or any person having for the time being control or charge thereof;“non-citizen” means any person who is not a citizen of Singapore;“occupier”, in relation to any premises or place, includes —

(a)

the person having the charge, management or control of either the whole or part of the premises or place, either on the person’s own account or as an agent; and(b)a contractor who is carrying out building operations or construction works at the premises or place on behalf of some other person;“pass” means a pass issued under the regulations entitling the holder thereof to remain, or enter and remain, temporarily in Singapore;“passenger” means any person carried in a vessel, an aircraft or a train, other than the members of the crew;“permit” includes an entry permit and a re-entry permit;“personal identifier” means any of the identifiers specified in the Schedule (including any in digital form);“prohibited immigrant” means any person who is a prohibited immigrant as defined in section 8;“re-entry permit” means a permit to re-enter Singapore issued under section 11;“regulations” means regulations made under this Act;“seaman” includes the master and any person carried in a vessel as a bona fide member of the staff employed in the operation or service of the vessel and, if the vessel has articles, entered on the articles;“Singapore visa” means a Singapore visa granted under Part 2A;“stowaway” means a person who is secreted in a vessel, an aircraft or a train without the consent of the master or other person in charge of the vessel, aircraft or train and includes such a person who is arriving in or departing from Singapore on board any vessel, aircraft or train without the consent of the master or other person in charge of the vessel, aircraft or train;“through passenger” means any passenger who arrives in Singapore by a vessel, an aircraft or a train and who is continuing his or her journey in the same vessel, aircraft or train to a place outside Singapore;“transportation company” means any government, municipality, body corporate, or organisation, firm or person carrying or providing for the transit of passengers, whether by vessel, aircraft, railway, highway or otherwise, and includes any 2 or more such transporting companies co‑operating in the business of carrying passengers;“vehicle” means any vehicle whether mechanically propelled or otherwise;“vessel” includes any ship or boat or other description of floating craft used in navigation, and includes any tackle, equipment, book, document, goods, cargo or things carried therein or thereon.

Definition

“advance passenger information” means information relating to any passenger required to be furnished to the Controller prior to the arrival in Singapore of the vessel, aircraft or train (as the case may be) on which the passenger will be travelling to Singapore;

Definition

“arrive” means —

(a)

in relation to an aircraft, the aircraft coming to a stop after landing;

(b)

“document” includes —

(a)

any endorsement;

(b)

any paper or other material where there is writing;

(c)

any paper or other material on which there are marks, figures, symbols or perforations that are —

(i)

capable of being given a meaning by persons qualified to interpret them; or(ii)capable of being responded to by a computer, a machine or an electronic device;

(d)

any article or material from which information is capable of being reproduced with or without the aid of any other article or device; or(e)any electronic record;

Definition

“electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010;

Definition

“employ” means to engage or use the service of any person, whether under a contract of service or otherwise, with or without remuneration;

Definition

“entry” means —

(a)

in the case of a person arriving by sea, disembarking in Singapore from the vessel in which he or she arrives;

(b)

in the case of a person arriving by air at an authorised airport, leaving the precincts of such airport;

(c)

in the case of a person entering by land and proceeding to an immigration control post under section 26 or an authorised train checkpoint under section 25A, leaving the precincts of such post or checkpoint for any purpose other than that of departing from Singapore by an approved route;

(ca)

“master” —

(a)

in relation to a vessel, means any person (except a pilot or harbour master) having for the time being control or charge thereof;

(b)

Section 3

Appointment and powers of Controller and immigration officers

(1)

The Minister may appoint a Controller of Immigration and such number of immigration officers as the Minister may consider necessary for the proper carrying out of the provisions of this Act.

(2)

The powers and discretions vested in the Controller under this Act, and the duties required to be discharged by the Controller may, subject to section 4 and to such limitations as the Controller may impose, be exercised and discharged by immigration officers duly authorised by the Controller to act on the Controller’s behalf.

Section 4

Power of Minister to issue directions

(1)

The Minister may from time to time give the Controller directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the Controller by, and the duties required to be discharged by the Controller under, this Act or any regulations or orders made under this Act, in relation to all matters which appear to the Minister to affect the immigration policy of Singapore.

(2)

The Controller must give effect to all directions given under subsection (1).

Section 5

(7)

The number of immigration officers to be deployed at any immigration control post, landing place, authorised point of entry, authorised departing place or authorised point of departure mentioned in subsection (6) is to be determined at the Controller’s discretion.

(i)

the person’s foreign passport or other foreign travel document that is valid, and such other evidence of the person’s identity as the immigration officer may require; and(ii)where a Singapore visa is required by section 9B, evidence of a Singapore visa that is in effect and is held by the person.

(2)

The immigration officer may waive —

(a)

the requirements of a passport or travel document if the person is a citizen of Singapore and in prescribed circumstances; or(b)the requirements of a passport, travel document or Singapore visa in the case of any person entering Singapore from a place outside Singapore and holding a valid entry permit, re-entry permit or certificate of status issued in accordance with this Act.

(3)

Any person who enters or leaves Singapore in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

(4)

Subsection (1) does not apply to such categories of persons as the Minister may prescribe.

Section 5B

Facilities at authorised areas

Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]

(1)

The Minister may, by written notice, require the owner or occupier of any premises within which an authorised area is or is to be located (called in this section the relevant owner or occupier), but not the Government —

(a)

to provide and maintain in the authorised area, at the relevant owner’s or occupier’s cost, such facilities and resources as the Minister considers necessary for the proper, secure and efficient functioning of the authorised area, including providing such facilities to the immigration officers whose duties require their presence within or at the perimeter of the authorised area; or(b)to permit the establishment of immigration offices within the authorised area.

Amended [18/2012]

(2)

The Minister may give to the relevant owner or occupier such written directions as may be necessary —

(a)

A person, other than a citizen of Singapore, must not enter or attempt to enter Singapore unless —

(a)

he or she is in possession of a valid entry permit or re‑entry permit lawfully issued to him or her under section 10 or 11;

(b)

his or her name is endorsed upon a valid entry permit or re‑entry permit in accordance with section 12, and he or she is in the company of the holder of that permit;

(c)

he or she is in possession of a valid pass lawfully issued to him or her to enter Singapore; or(d)he or she is exempted from this subsection by an order made under section 56.

(2)

Every person departing from Singapore, other than a citizen of Singapore or a person exempted from this subsection by an order made under section 56, must, if so required by an immigration officer, complete an embarkation form and submit it for examination by that officer at the time he or she leaves Singapore.

Amended [18/2012]

(3)

Any person who contravenes subsection (1) or (2) shall be guilty of an offence and —

(a)

in the case of an offence under subsection (1), shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished with caning with not less than 3 strokes, or where by virtue of that section he or she is not punishable with caning, he or she shall, in lieu of caning, be punished with a fine not exceeding $6,000;

(b)

in the case of an offence under subsection (2), shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Upon an application made under subsection (3), the Controller may extend the special pass or issue the child with such permit or other pass as the Controller thinks fit.

(5)

The father or mother in the case of a legitimate child, or the mother in the case of an illegitimate child, must ensure that the child mentioned in subsection (1) does not remain in Singapore after the expiry of the special pass or, where a permit or pass has been issued to the child under subsection (4), the expiry of the permit or pass, as the case may be.

(6)

Any person who contravenes subsection (5) shall be guilty of an offence.

Section 7

Right of entry

(1)

A citizen of Singapore is entitled to enter Singapore without having obtained a permit or pass in that behalf under this Act.

(2)

The burden of proof that any person is a citizen of Singapore shall lie upon that person.

Section 8

Prohibited immigrants

Amended [18/2012]

(1)

Any person, not being a citizen of Singapore, who is a member of any of the prohibited classes as defined in subsection (3) or who, in the opinion of the Controller, is a member of any of the prohibited classes, is a prohibited immigrant.

(2)

Subject to any exemption granted under section 56 —

(a)

a prohibited immigrant who is a member of the prohibited class defined in subsection (3)(o) must not enter Singapore; and(b)any other prohibited immigrant must not enter Singapore, unless he or she is in possession of a valid pass in that behalf issuable to a prohibited immigrant under the regulations.

(3)

The following persons are members of the prohibited classes:

(a)

any person who is unable to show that he or she has the means of supporting himself or herself and his or her dependants (if any) or that he or she has definite employment awaiting him or her, or who is likely to become a pauper or a charge on the public;

(b)

any person suffering from a contagious or infectious disease which makes his or her presence in Singapore dangerous to the community;

(ba)

any person suffering from Acquired Immune Deficiency Syndrome or infected with the Human Immunodeficiency Virus;

(c)

any person desiring to enter Singapore who refuses to submit to an examination after being required to do so under section 29(1);

(d)

any person who —

(i)

has been convicted in any country or state of an offence for which a sentence of imprisonment has been passed for any term;

(ii)

has not received a free pardon; and(iii)by reason of the circumstances connected with that conviction is deemed by the Controller to be an undesirable immigrant;

(e)

any prostitute or any person who is living on or receiving or who, prior to entering Singapore, lived on or received the proceeds of prostitution;

(f)

any person who procures or attempts to bring into Singapore prostitutes or women or girls for the purpose of prostitution or other immoral purpose;

(g)

vagrants or habitual beggars;

(h)

any person whose entry into Singapore is, or at the time of his or her entry was, unlawful under this Act or any other written law for the time being in force;

(i)

any person who believes in or advocates the overthrow by force or violence of the Government or of any established government or of constituted law or authority or who disbelieves in or is opposed to established government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property;

(j)

any person who is a member of or affiliated with any organisation entertaining or teaching disbelief in or opposition to established government or advocating or teaching the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or officers generally, of the Government or of any established government, because of his, her or their official character, or advocating or teaching the unlawful destruction of property;

(k)

any person who, in consequence of information received from any source or from any government through official or diplomatic channels, is considered by the Minister to be an undesirable immigrant;

(l)

any person who has been removed from any country or state by the government of that country or state on repatriation for any reason whatever and who, by reason of the circumstances connected therewith, is considered by the Controller to be an undesirable immigrant;

(m)

any person who, being required by any written law for the time being in force to be in possession of valid travel documents, is not in possession of those documents or is in possession of forged or altered travel documents or travel documents which do not fully comply with that written law;

(n)

the family and dependants of a prohibited immigrant; and(o)any person prohibited by an order made under section 9 from entering Singapore.

Amended [18/2012]

(4)

The burden of proof that any person seeking to enter Singapore is not a prohibited immigrant shall lie upon that person.

(4A)

Where the Controller refuses to allow any person to enter Singapore on the ground that the person is a prohibited immigrant, the Controller must, if so requested by the person, inform the person of the class of prohibited immigrants of which, in the opinion of the Controller, the person is a member.

(5)

Subject to any exemption granted under section 56, if any prohibited immigrant enters Singapore otherwise than in accordance with a valid pass lawfully issued to him or her, he or she shall be guilty of an offence.

(6)

Any person in possession of a permit issued to him or her under the provisions of this Act who, upon his or her arrival in Singapore, is refused permission to enter on the ground that he or she is a prohibited immigrant, may appeal against the refusal, within such time and in such manner as may be prescribed, to the Minister whose decision is final.

(7)

Despite sections 24, 25, 25A and 26, any person who appeals against such refusal must be permitted to disembark and must be detained in an immigration depot pending the determination of his or her appeal, unless released on a pass issued at the discretion of the Controller on such conditions as to furnishing security or otherwise as the Controller may think fit.

Section 9

Power to prohibit or limit entry into Singapore

Amended [15/2019]

(1)

The Minister may, by order —

(a)

where the Minister thinks it expedient to do so in the interests of public security or by reason of any economic, industrial, social, educational or other conditions in Singapore —

(i)

prohibit, either for a stated period or permanently, the entry or re‑entry into Singapore of any person or class of persons;

(ii)

limit the number of persons of any class who may enter Singapore within any period specified in the order; or(iii)limit the period during which any person or class of persons entering or re‑entering Singapore may remain therein; or(b)prohibit the entry into Singapore of passengers brought to Singapore by any transportation company which refuses or neglects to comply with the provisions of this Act.

(1A)

No order made under subsection (1)(a), except an order made in the interests of public security, applies to any person outside Singapore at the time when the order is made and who is in possession of a valid re‑entry permit lawfully issued to him or her.

(2)

An order made under subsection (1) does not apply to any citizen of Singapore or to any person seeking to enter Singapore under and in accordance with any pass lawfully issued to that person.

(3)

Every order made under subsection (1)(a) which relates to a class of persons, except an order made in the interests of public security, must be presented to Parliament as soon as possible after publication in the Gazette and if a resolution is passed within the next 3 months after the order is so presented disapproving the order or any part thereof, the order or such part thereof (as the case may be) ceases to have effect but without affecting the validity of anything previously done thereunder.

(4)

Every order made under subsection (1), unless otherwise expressed therein, comes into force on the date of the making of the order, and must be published in the Gazette.

(5)

Amended [18/2012]

(1)

Any person seeking to enter Singapore who is not entitled so to enter as a citizen of Singapore or by virtue of a valid pass to enter Singapore issued to him or her or seeking to remain in Singapore after he or she had ceased to be a citizen of Singapore or after the expiry of such a pass may make application in that behalf in the manner prescribed to the Controller or to such other person whether within or outside Singapore as the Controller may, from time to time, appoint for the purpose.

(2)

Upon an application made under subsection (1) and on payment of the prescribed fee, the Controller may issue to the applicant an entry permit in the prescribed form and must, if the applicant is required by the provisions of any written law relating to passports for the time being in force in Singapore to have a visa to enter Singapore, issue a visa to the applicant on the production by him or her of his or her passport or other travel document and on payment of the fee prescribed by that written law, and the visa remains valid until the expiry or cancellation of the entry permit issued to the applicant.

(3)

The Controller may —

(a)

at the time of issuing an entry permit under subsection (2), impose any condition as the Controller thinks fit; or(b)at any time after the issue of an entry permit under subsection (2), vary or revoke any condition to which the entry permit is subject or impose any condition thereto.

(3A)

To avoid doubt, the power of the Controller to vary, revoke or impose any condition under subsection (3)(b) may be exercised whether or not the Controller is entitled to cancel the entry permit under this Act.

(4)

Before varying, revoking or imposing any condition on an entry permit under subsection (3)(b), the Controller must notify the holder of the entry permit of the Controller’s intention to do so and must give the holder an opportunity to be heard as to why the condition of his or her entry permit should not be varied or revoked or the additional condition should not be imposed.

Amended [18/2012]

(5)

Any person who is aggrieved by the decision of the Controller under this section may, within 30 days of being notified of the decision of the Controller, appeal by petition in writing to the Minister whose decision is final.

(6)

Any entry permit issued by the Controller before 15 January 2005 to any person who was in Singapore at the time he or she ceased to be a citizen of Singapore and who continued to remain in Singapore is deemed to have been validly issued and continues in force until it is cancelled.

Section 11

Re-entry permits

Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]

(1)

Any person lawfully resident in Singapore, not being the holder of a valid pass or a citizen of Singapore, who seeks to leave Singapore temporarily, or within one month of so leaving Singapore, may make an application to the Controller in the prescribed manner for the issue to the person of a re‑entry permit authorising the person to re‑enter Singapore.

(2)

Subject to subsection (3), upon an application made under subsection (1) and on payment of the prescribed fee, the Controller may issue to the applicant a re‑entry permit in the prescribed form and must, if the applicant is required by the provisions of any written law relating to passports for the time being in force in Singapore to have a visa to enter Singapore, issue a visa to the applicant on the production by him or her of his or her passport or other travel document and on payment of the fee prescribed by that written law and the visa remains valid until the expiry or cancellation of the re‑entry permit issued to the applicant.

Amended [18/2012]

(3)

The Controller may —

(a)

at the time of issuing a re‑entry permit under subsection (2), impose any condition as the Controller thinks fit; or(b)at any time after the issue of a re‑entry permit under subsection (2), vary or revoke any condition to which the re‑entry permit is subject or impose any condition thereto.

Amended [18/2012]

(4)

To avoid doubt, the power of the Controller to vary, revoke or impose any condition under subsection (3)(b) may be exercised whether or not the Controller is entitled to cancel the re‑entry permit under this Act.

Amended [18/2012]

(5)

Before varying, revoking or imposing any condition on a re‑entry permit under subsection (3)(b), the Controller must notify the holder of the re‑entry permit of the Controller’s intention to do so and must give the holder an opportunity to be heard as to why the condition of the holder’s re‑entry permit should not be varied or revoked or the additional condition should not be imposed.

Amended [18/2012]

(6)

Any person who is aggrieved by the decision of the Controller under this section may, within 30 days after being notified of the decision of the Controller, appeal by petition in writing to the Minister whose decision is final.

Amended [18/2012]

Section 11A

Persons ceasing to be citizens of Singapore

Amended [15/2010]

(1)

Subject to subsection (4), any person in Singapore who, on or after 15 January 2005, ceases to be a citizen of Singapore must not remain in Singapore for more than 24 hours after the date on which the person ceases to be a citizen of Singapore unless the person has been issued with a permit or a pass authorising the person to remain in Singapore.

(2)

Any person who, on or after 15 January 2005, ceases to be a citizen of Singapore and who wishes to remain in Singapore may make an application to the Controller in the prescribed manner for a permit or a pass authorising the person to remain in Singapore.

(3)

Upon an application made under subsection (2) and on payment of the prescribed fee, the Controller may issue to the applicant a permit or a pass authorising the applicant to remain in Singapore.

(4)

Any person who applies for a permit or a pass under subsection (2) before the expiry of the time specified in subsection (1) —

(a)

may remain in Singapore pending the determination by the Controller of the application; and(b)subject to subsection (5), must not remain in Singapore for more than 24 hours after being informed that the person’s application for a permit or pass has been rejected.

(5)

Subsection (4)(b) does not prevent a person from entering and remaining in Singapore if the person is subsequently issued with a permit or a pass by the Controller authorising the person to enter and remain in Singapore.

(6)

Any person who, without reasonable cause, contravenes subsection (1) or (4)(b) shall be guilty of an offence and —

(a)

in the case where he or she remains unlawfully in Singapore for a period not exceeding 90 days, shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both; or(b)in the case where he or she remains unlawfully in Singapore for a period exceeding 90 days, shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished with caning with not less than 3 strokes, or where by virtue of that section he or she is not punishable with caning, he or she shall, in lieu of caning, be punished with a fine not exceeding $6,000.

Amended [15/2010]

Section 12

Endorsement of names of wife and children on permits, passes and certificates

Subject to such conditions as may be prescribed, it is lawful for the Controller, on application made in that behalf in the prescribed form by the holder of, or by an applicant for, a permit, pass or certificate, to endorse upon the permit, pass or certificate issued to that person the name or names of the wife or child of that person.

Section 13

Power to make inquiries

The Controller may, before the issue of a permit, pass or certificate under this Act or before making any endorsement thereon under section 12, make such inquiries or require the production of such evidence as the Controller may think fit in order to satisfy himself or herself as to the truth of any statement made in the application for the permit, pass or certificate.

Section 14

Cancellation and declarations regarding permits and certificates

(1)

Where the holder of any permit seeks to enter Singapore accompanied by any child whose name is not endorsed upon that permit under section 12 and who is not otherwise entitled to enter Singapore under the provisions of this Act, the Controller may cancel the permit issued to that person.

(2)

Where, upon the arrival in Singapore of any person to whom a permit or certificate has been issued, the Controller is satisfied, as a result of inquiries made under section 24, 25, 25A or 26, or from other information, that the permit or certificate was issued as a result of any false representation or concealment of a material fact, the Controller may cancel the permit or certificate.

(3)

Where at any time during the period of validity of any permit or certificate, the Controller is satisfied that the holder of the permit or certificate is a prohibited immigrant, the Controller must cancel the permit or certificate.

(4)

Where any person has entered or remains in Singapore by virtue of a permit or certificate, and the Controller is satisfied that —

(a)

any material statement made in or in connection with the application for the permit or certificate was false or misleading;

(b)

the person is a prohibited immigrant; or(c)the holder of the permit or certificate has contravened any condition stated in the permit or certificate,the Controller may cancel the permit or certificate issued to that person, and may declare at any time after the date of the entry or date of the issue of the permit or certificate that the presence of that person in Singapore is unlawful.

(5)

On making any cancellation under subsection (2), (3) or (4) or on making any declaration under subsection (4), the Controller must, by notification which, if the person’s address is known, must be sent to the person at that address and otherwise must be published in such manner as the Controller thinks fit, inform the person affected thereby of the grounds on which the cancellation or declaration has been made.

(6)

The person may appeal against the cancellation or declaration (as the case may be) within such time and in such manner as may be prescribed, to the Minister whose decision is final.

Section 15

Unlawful entry or presence in Singapore

Amended [15/2010]

(1)

A person must not remain in Singapore after the cancellation of any permit or certificate, or after the making of a declaration under section 14(4) or after the expiration or notification to him or her, in such manner as may be prescribed, of the cancellation of any pass relating to or issued to him or her unless he or she is otherwise entitled or authorised to remain in Singapore under the provisions of this Act or the regulations.

(2)

A person must not remain in Singapore in contravention of section 62.

(3)

Any person who contravenes, without reasonable cause, this section shall be guilty of an offence and —

(a)

in the case where he or she remains unlawfully for a period not exceeding 90 days, shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both;

(b)

in the case where he or she remains unlawfully for a period exceeding 90 days, shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished with caning with not less than 3 strokes, or where by virtue of that section he or she is not punishable with caning, he or she shall, in lieu of caning, be punished with a fine not exceeding $6,000.

Amended [15/2010]

Section 16

Immigration signal

(1)

The master of every vessel which arrives in or is about to leave Singapore must hoist the prescribed immigration signal and must exhibit that signal until authorised by an immigration officer to haul it down.

(2)

The master of a vessel who contravenes subsection (1) shall be guilty of an offence.

Section 17

Vessel to stop, proceed to immigration or departure anchorage or other place when ordered

Amended [18/2012]Amended [18/2012]

(1)

The Controller may, by notification in the Gazette, declare any place within the limits of any port to be an immigration anchorage, either for vessels generally or for vessels of a class specified in the notification.

Amended [18/2012]

(2)

The master of every vessel which arrives at or is about to leave a port where an immigration anchorage, either for vessels generally or for vessels of a class to which that vessel belongs, has been declared must, subject to any directions given under subsection (4), immediately navigate the vessel to that anchorage and must remain there until an immigration officer gives him or her permission to leave.

(3)

Section 19

Persons not to board or leave vessel until examination completed

(1)

Except under and in accordance with any authority granted by an immigration officer, no person other than —

(a)

the pilot;

(b)

Any person who contravenes subsection (1) shall be guilty of an offence.

Section 22

Provision of passenger and crew information by master, etc., of vessel arriving in, leaving or due to leave Singapore

Amended [18/2012]Amended [18/2012]

(1)

Subject to section 22A(4), the master, owner, agent or charterer of every vessel arriving at any authorised landing place for persons arriving in Singapore by sea from a place outside Singapore or leaving or due to leave from any authorised departing place for persons leaving Singapore by sea to a place outside Singapore must —

(a)

within such time, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to an immigration officer a complete list of all the crew who are or will be on board the vessel at the time of its arrival at the authorised landing place or at the time of its departure from the authorised departing place, as the case may be;

(b)

if so required by that immigration officer, produce to that immigration officer for inspection and interrogation every member of the crew, as directed, either generally or specifically, by that immigration officer;

(c)

furnish to that immigration officer such evidence of identity of each member of the crew within such time and in such form and manner as may be prescribed;

(d)

submit to such search of the vessel as may be necessary to establish the presence or absence of other persons on board;

(e)

produce the vessel’s papers; and(f)before the vessel arrives at the authorised landing place or departs from the authorised departing place (as the case may be), report the presence on board of any stowaway or any unauthorised person or any person proceeding to any state or country on the person’s removal from any other state or country by the competent authorities of that other state or country.

Amended [18/2012]

(2)

In the case of vessels carrying passengers, the master, owner, agent or charterer must, in addition —

(a)

within such time, in such form and manner and containing such particulars as may be prescribed, furnish a complete list of all passengers who are or will be on board the vessel at the time of its arrival at the authorised landing place or departure from the authorised departing place, as the case may be;

(b)

furnish in relation to every passenger disembarking in or embarking from Singapore such particulars in such form and manner and within such time as may be prescribed; and(c)if so required by an immigration officer, produce every passenger for inspection and interrogation as directed, either generally or specifically, by that immigration officer.

Amended [18/2012]

(3)

The master, owner, agent or charterer of a vessel who contravenes subsection (1) or (2), and any person who hinders or obstructs any search of a vessel under subsection (1)(d), shall each be guilty of an offence.

(4)

If any person whose presence has not been reported under subsection (1)(f) is found on board the vessel, the master, owner, agent and charterer of the vessel shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not more than $10,000 in respect of each such person.

(5)

In any proceedings under this section, the certificate in writing of an immigration officer who boarded or examined any particular vessel to the effect that the vessel carried, on arrival in Singapore, a total number of seamen corresponding in description to the particulars on the identification cards furnished under subsection (1)(c) is conclusive proof that the vessel did on arrival carry that number of seamen.

Section 22A

Provision of passenger and crew information in advance by master, etc., of vessel due to arrive in Singapore

Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]

(1)

The master, owner, agent or charterer of every vessel which is due to arrive at any authorised landing place for persons arriving in Singapore by sea from a place outside Singapore must, upon being given reasonable prior notice in writing by the Controller to comply with this section —

(a)

within such time prior to the arrival of the vessel at the authorised landing place, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the Controller a complete list of all the crew who are or will be on board the vessel at the time of its arrival at the authorised landing place;

(b)

within such time prior to the arrival of the vessel at the authorised landing place and in such form and manner as may be prescribed, furnish to the Controller a complete list of all passengers who are or will be on board the vessel at the time of its arrival at the authorised landing place; and(c)furnish to the Controller in relation to every passenger disembarking in Singapore, such particulars regarding one or both of the following:

(i)

advance passenger information;

(ii)

(b)

furnish to that officer in relation to every passenger landing in or departing from Singapore such particulars in such form and manner within such time as may be prescribed;

(c)

within such time, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to that officer a complete list of all the crew of the aircraft who are or will be on board the aircraft at the time of its arrival at the airport or departure from the airport, as the case may be;

(d)

if so required by an immigration officer, produce every member of the crew and every passenger of that aircraft for inspection and interrogation as directed, either generally or specifically, by the immigration officer;

(e)

submit to such search of the aircraft as may be necessary to establish the presence or absence of other persons on board; and(f)before the aircraft arrives at or departs from the airport (as the case may be), report the presence on board of any stowaway or any unauthorised person or any person proceeding to any state or country on the person’s removal from any other state or country by the competent authorities of that other state or country.

Amended [18/2012]

(2)

The captain, owner, agent or charterer of an aircraft who contravenes subsection (1), and any person who hinders or obstructs any search of an aircraft under subsection (1)(e), shall each be guilty of an offence.

(3)

If any person whose presence has not been reported under subsection (1)(f) is found on board an aircraft, the captain, owner, agent and charterer of the aircraft shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not more than $10,000 in respect of each such person.

(4)

In any proceedings under this section, the certificate in writing of an immigration officer who boarded or examined any particular aircraft to the effect that the aircraft carried, on arrival in Singapore, a total number of crew corresponding in description to the particulars on the list furnished under subsection (1)(c) is conclusive proof that the aircraft did on arrival carry that number of crew.

Section 23AA

Provision of passenger and crew information in advance by captain, etc., of aircraft due to arrive in Singapore

Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]

(1)

The captain, owner, agent or charterer of every aircraft which is due to arrive at any airport in Singapore from a place outside Singapore must, upon being given reasonable prior notice in writing by the Controller to comply with this section —

(a)

within such time prior to the arrival of the aircraft at the airport, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the Controller a complete list of all the crew of the aircraft who are or will be on board the aircraft at the time of its arrival at the airport;

(b)

within such time prior to the arrival of the aircraft at the airport and in such form and manner as may be prescribed, furnish to the Controller a complete list of all passengers who are or will be on board the aircraft at the time of its arrival at the airport; and(c)furnish to the Controller in relation to every passenger landing in Singapore, such particulars regarding one or both of the following:

(i)

advance passenger information;

(ii)

In the case of a train carrying passengers, the master must, in addition —

(a)

within such time, in such form and manner and containing such particulars as may be prescribed, furnish a complete list of all passengers who are or will be on board the train at the time of its arrival at the train checkpoint or departure from the train checkpoint, as the case may be;

(b)

furnish in relation to every passenger disembarking in or embarking from Singapore such particulars in such form and manner within such time as may be prescribed; and(c)if so required by an immigration officer, produce every passenger for inspection and interrogation as directed, either generally or specifically, by that immigration officer.

Amended [18/2012]

(3)

The master, owner, agent or charterer of a train who contravenes subsection (1) or (2), and any person who hinders or obstructs any search of a train under subsection (1)(c), shall each be guilty of an offence.

(4)

If any person whose presence has not been reported under subsection (1)(d) is found on board the train, the master, owner, agent and charterer of the train shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not more than $10,000 in respect of each such person.

(5)

In any proceedings under this section, the certificate in writing of an immigration officer who boarded or examined any particular train to the effect that the train carried, on arrival in Singapore, a total number of crew corresponding in description to the particulars on the list furnished under subsection (1)(a) is conclusive proof that the train did on arrival carry that number of crew.

Section 23B

Provision of passenger and crew information in advance by master, etc., of train due to arrive in Singapore

Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]

(1)

The master, owner, agent or charterer of every train which is due to arrive at any train checkpoint in Singapore from a place outside Singapore must, upon being given reasonable prior notice in writing by the Controller to comply with this section —

(a)

within such time prior to the arrival of the train at the train checkpoint, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the Controller a complete list of all the crew who are or will be on board the train at the time of its arrival at the train checkpoint;

(b)

within such time prior to the arrival of the train at the train checkpoint and in such form and manner as may be prescribed, furnish to the Controller a complete list of all passengers who are or will be on board the train at the time of its arrival at the train checkpoint; and(c)furnish to the Controller in relation to every passenger disembarking in Singapore, such particulars regarding one or both of the following:

(i)

advance passenger information;

(ii)

(2)

The immigration officer, after such examination as he or she may consider necessary, must inform any person whom the immigration officer considers to be prohibited from entering Singapore under the provisions of this Act or any regulations or orders made under this Act of his or her finding, and the person must not leave the precincts of the airport except for a place approved by that officer, and must leave and depart from Singapore by the first available means in accordance with the instructions of that officer.

(3)

The captain, owner, agent or charterer of the aircraft in which the person arrived must, if so required by the immigration officer, remove the person from Singapore by the same or such other aircraft, to the person’s place of embarkation, the country of the person’s birth or citizenship or such other destination, as that immigration officer may direct.

Amended [18/2012]

(4)

Any person who —

(a)

refuses or neglects to appear before an immigration officer as required by subsection (1) or who leaves the place of examination without or otherwise than in accordance with the authorisation of that officer;

(b)

after being informed by an immigration officer that he or she is prohibited from entering Singapore, leaves the precincts of an airport without the permission of that officer, or refuses or neglects to proceed to or remain at a place approved by that officer;

(c)

refuses or fails to leave Singapore in accordance with the instructions of an immigration officer given under subsection (2); or(d)being the captain, owner, agent or charterer of the aircraft in which any person arrived in Singapore, refuses or neglects to remove the person from Singapore in accordance with subsection (3) after being informed by an immigration officer that the person is prohibited from entering Singapore or that the person has refused or neglected to appear before an immigration officer as required by subsection (1) or that the person has left the place of examination without, or otherwise than in accordance with, the authorisation of that officer,shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended [18/2012]

(5)

Where any person leaves the precincts of an airport in contravention of this section or refuses to leave and depart from Singapore in accordance with the instructions of an immigration officer given under subsection (2), the immigration officer or any police officer may take such steps, including the use of force, as may be reasonably necessary to compel that person to return to the precincts of the airport or to comply with those instructions, as the case may be.

Amended [18/2012]

Section 25A

Examination of persons arriving by train

Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]

(1)

Every person arriving by train at any authorised train checkpoint in Singapore, whether or not the person enters Singapore, must appear before an immigration officer at such time and place as that officer may direct.

Amended [18/2012]

(2)

The immigration officer, after such examination as he or she may consider necessary, must inform any person whom the immigration officer considers to be prohibited from entering Singapore under the provisions of this Act or any regulations or orders made under this Act of his or her finding, and the person must not leave the precincts of the checkpoint except for a place approved by that officer, and must leave and depart from Singapore by the first available means in accordance with the instructions of that officer.

(3)

The master, owner, agent or charterer of the train in which the person arrived must, if so required by the immigration officer, remove the person from Singapore by the same or such other train, to the person’s place of embarkation, the country of the person’s birth or citizenship or such other destination, as that immigration officer may direct.

Amended [18/2012]

(4)

Any person who —

(a)

refuses or neglects to appear before an immigration officer as required by subsection (1) or who leaves the place of examination without, or otherwise than in accordance with, the authorisation of that officer;

(b)

after being informed by an immigration officer that he or she is prohibited from entering Singapore, leaves the precincts of an authorised train checkpoint without the permission of that officer, or refuses or neglects to proceed to or remain at a place approved by that officer;

(c)

refuses or fails to leave Singapore in accordance with the instruction of an immigration officer given under subsection (2); or(d)being the master, owner, agent or charterer of the train in which any person arrived in Singapore, refuses or neglects to remove the person from Singapore in accordance with subsection (3) after being informed by an immigration officer that the person is prohibited from entering Singapore or that the person has refused or neglected to appear before an immigration officer as required by subsection (1) or that the person has left the place of examination without, or otherwise than in accordance with, the authorisation of that officer,shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended [18/2012]

(5)

Where any person leaves the precincts of an authorised train checkpoint in contravention of this section or refuses to leave and depart from Singapore in accordance with the instructions of an immigration officer given under subsection (2), the immigration officer or any police officer may take such steps, including the use of force, as may be reasonably necessary to compel that person to return to the precincts of the checkpoint or to comply with those instructions, as the case may be.

Amended [18/2012]

Section 26

Examination of persons entering Singapore by land or at place other than authorised landing place or airport

Amended [18/2012]

(1)

Every person who enters Singapore by land must —

(a)

proceed to the nearest immigration control post;

(b)

appear before an immigration officer in charge of the post; and(c)if so required by that officer, furnish particulars about himself or herself in such form and manner and containing such particulars as may be prescribed.

Nothing in this section is to be construed as rendering any such answer inadmissible in any other proceedings in which they would otherwise be admissible.

(4)

Any person who —

(a)

refuses to answer any question or enquiry put to him or her under subsection (1);

(b)

knowingly gives any false or misleading answer to any such question or enquiry;

(c)

refuses or fails to produce any document in his or her possession when required to do so under subsection (1); or(d)knowingly produces any false or misleading document,shall be guilty of an offence and shall be liable on conviction —

(e)

in the case of an offence under paragraph (a), (b) or (c), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or(f)in the case of an offence under paragraph (d), to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 2 years or to both.

Section 29

Medical examination

Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012]

(1)

For the purpose of exercising his or her powers and carrying out his or her functions and duties under this Act or the regulations, an immigration officer may require any person who desires to enter Singapore, or to whom a permit, pass or certificate has been issued, to submit to an examination by a registered medical practitioner.

Amended [18/2012]

(2)

The registered medical practitioner must, upon completion of an examination of a person under subsection (1), submit a copy of the results of the examination to the Controller.

Amended [18/2012]

(3)

Despite the provisions of any other written law or rule of law, a registered medical practitioner must, if required by the Controller for the purposes of exercising his or her powers and carrying out his or her functions and duties under this Act or the regulations, furnish the Controller with a copy of any medical record relating to a person who has been examined pursuant to subsection (1) as the Controller may require.

Amended [18/2012]

(4)

Any person to whom a permit, pass or certificate has been issued who, without reasonable excuse, refuses to submit to an examination when required by an immigration officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

(5)

The Controller may cancel the permit, pass or certificate of any person who refuses to submit to any examination when required to do so by an immigration officer under subsection (1).

(6)

On making any cancellation under subsection (5), the Controller must, by notification which, if the person’s address is known, must be sent to him or her at that address and otherwise must be published in such manner as the Controller thinks fit, inform the person affected of the grounds on which the cancellation has been made.

(7)

A person whose permit, pass or certificate is cancelled under subsection (5) may, within such time and in such manner as may be prescribed, appeal against the cancellation to the Minister whose decision is final.

(8)

In this section, “registered medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997 who is employed in any hospital or medical institution and is designated by name or office by the Controller in writing for the purposes of this section.

Power to arrest person liable to removal

Any person reasonably believed to be a person liable to removal from Singapore under this Act may be arrested without warrant by any immigration officer generally or specially authorised by the Controller in that behalf or by a police officer, and may be detained in any prison, police station or immigration depot for a period not exceeding 14 days pending a decision as to whether an order for his or her removal should be made.

Section 36

Unlawful return after removal

Amended [15/2019]

Any person who, having been removed from or otherwise lawfully sent out of Singapore, enters or resides in Singapore without the written permission of the Controller shall be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than one year and not more than 3 years and shall also be liable to a fine not exceeding $6,000, and shall in addition be liable to be removed from Singapore.

Section 36A

Interpretation of this Part

Amended [18/2012]

In this Part, unless the context otherwise requires —“disclose”, in relation to identifying information that is a personal identifier or in relation to passenger information, includes providing access to the identifying information or passenger information;“identifying information” means —

(a)

any personal identifier;

(b)

any meaningful identifier derived from any personal identifier;

(c)

any record of a result of analysing any personal identifier or meaningful identifier derived from any personal identifier; and(d)any other information, derived from any personal identifier or meaningful identifier derived from any personal identifier, or from any record of a kind referred to in paragraph (c), that could be used to discover a particular person’s identity or to get information about a particular person; “passenger information” means the information relating to a passenger on board an aircraft, a vessel or a train provided to the Controller or any immigration officer pursuant to any provision of this Act.

Definition

“disclose”, in relation to identifying information that is a personal identifier or in relation to passenger information, includes providing access to the identifying information or passenger information;

Definition

“identifying information” means —

(a)

any personal identifier;

(b)

any meaningful identifier derived from any personal identifier;

(c)

any record of a result of analysing any personal identifier or meaningful identifier derived from any personal identifier; and(d)any other information, derived from any personal identifier or meaningful identifier derived from any personal identifier, or from any record of a kind referred to in paragraph (c), that could be used to discover a particular person’s identity or to get information about a particular person;

Definition

“passenger information” means the information relating to a passenger on board an aircraft, a vessel or a train provided to the Controller or any immigration officer pursuant to any provision of this Act.

Amended [18/2012]

Section 36B

Authorising access to or disclosure of identifying information and passenger information

Amended [18/2012]Amended [18/2012; 53/2018]Amended [18/2012]

(1)

The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons —

(a)

to access identifying information or passenger information of the kind specified in the Minister’s authorisation; or(b)to disclose, on written request, identifying information or passenger information of the kind specified in the Minister’s authorisation, to another specified person, or another person included in a specified class of persons, in the Minister’s authorisation,for the purpose or purposes specified in the Minister’s authorisation.

Amended [18/2012]

(2)

The Minister must specify in an authorisation under this section, as the purpose or purposes for which access or disclosure is authorised, one or more of the following purposes, and no other:

(a)

combating document and identity fraud in immigration matters;

(b)

assisting in the identification of, and authenticating the identity of, any person who may be required by or under this Act to provide a personal identifier;

(c)

improving the efficiency and integrity of immigration processing at authorised landing places, airports, train checkpoints or points of entry;

(d)

assisting in the identification of, and authenticating the identity of, any applicant for or holder of a Singapore visa, and facilitating his or her entry into Singapore;

(e)

enforcement of the criminal law, including investigating or prosecuting a person for an offence under any written law;

(f)

administering or managing the storage of identifying information or passenger information;

(g)

modifying identifying information to enable it to be matched with other identifying information, or in order to correct errors or ensure compliance with appropriate standards;

(h)

identifying non-citizens who are prohibited immigrants, who are of national security concern or who are associated with activities of a criminal nature and whose detention or supervision may be necessary in the interests of public safety, peace and good order;

(i)

making decisions under this Act, the Passports Act 2007 or the regulations made under either Act;

(ia)

preventing, detecting or investigating criminal or terrorist activities or activities which may be prejudicial to the security of Singapore or any part thereof or to the maintenance of public order or essential services;

(ib)

identifying an individual who is unconscious or otherwise unable to communicate, for the purposes of providing urgent medical care to the individual;

(j)

any other purpose the disclosure of which is required or authorised by or under any written law.

Amended [18/2012; 53/2018]

(3)

For the purposes of subsection (1)(b), a specified person or a specified class of persons to whom identifying information or passenger information may be disclosed may include a police force, a law enforcement body or a border control body of a foreign country.

Amended [18/2012]

Section 36C

Accessing or disclosing identifying information or passenger information

Amended [18/2012]Amended [18/2012]

(1)

If a person accesses identifying information or passenger information, and the person —

(a)

is not authorised under section 36B to access any identifying information or passenger information; or(b)is not authorised under section 36B to access the identifying information or passenger information for the purpose for which the person accessed it,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

Amended [18/2012]

(2)

If a person’s conduct causes disclosure of identifying information or passenger information, and the disclosure is not a disclosure that is for any of the purposes specified in section 36B(2), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

Amended [18/2012]

Section 37

Performance of duties of immigration officers

(1)

Immigration officers appointed under this Act must perform the duties imposed on them by this Act and the regulations, and must also perform such duties as are required of them by the Controller, either directly or through any other officer.

(2)

No action taken by any such officer under or for any purpose of this Act is deemed to be invalid or unauthorised by reason only that it was not taken by the officer specially appointed or detailed for the purpose.

(3)

Every immigration officer is deemed to be a public servant within the meaning of the Penal Code 1871.

Section 38

Authority of immigration officer to arrest and prosecute

Amended [6/2018]Amended [15/2010]Amended [15/2010]

(1)

Except when exercising any powers under section 51AA, every immigration officer appointed under this Act has the authority and powers of a police officer to enforce any of the provisions of this Act relating to arrest, detention or removal.

Amended [6/2018]

(2)

Every immigration officer has the authority to appear in court and may, with the authorisation of the Public Prosecutor, conduct any prosecution in respect of any offence under this Act or the regulations.

Amended [15/2010]

(3)

In any case relating to the commission of an offence under this Act or the regulations, an immigration officer has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into a seizable offence.

(4)

For the purposes of subsection (3), when an immigration officer is exercising the powers of a police officer under the Criminal Procedure Code 2010, the immigration officer is deemed to be an officer not below the rank of inspector of police.

Amended [15/2010]

Section 38A

Immigration officer to be armed

Every immigration officer must be provided with such batons, arms, ammunition and other accoutrements as may be necessary for the effective discharge of his or her duties.

Section 39

Power to summon witnesses, etc.

(1)

The Controller may, for the purpose of any inquiry under this Act, summon and examine witnesses on oath or affirmation, and may require the production of documents relevant to the inquiry.

(2)

Any person summoned as a witness under subsection (1) who, without reasonable excuse, fails to attend at the time and place mentioned in the summons, or who, having attended, refuses to answer any question that may lawfully be put to him or her or to produce any document which it is in his or her power to produce, shall be guilty of an offence.

Section 39A

Exclusion of judicial review

(1)

There shall be no judicial review in any court of any act done or decision made by the Minister or the Controller under any provision of this Act except in regard to any question relating to compliance with any procedural requirement of this Act or the regulations governing that act or decision.

(2)

In this section, “judicial review” includes proceedings instituted by way of —

(a)

an application for a Mandatory Order, a Prohibiting Order or a Quashing Order;

(b)

an application for a declaration or an injunction;

(c)

an Order for Review of Detention; and(d)any other suit or action relating to or arising out of any decision made or act done pursuant to any power conferred upon the Minister or the Controller by any provision of this Act.

Section 39B

Minister may designate others to hear appeals

Amended [16/2016]Amended [16/2016]Amended [16/2016]

(1)

The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 8(6), 10(5), 11(6), 14(6), 29(7) or 33:

(a)

the Second Minister (if any) for his or her Ministry;

(b)

any Minister of State for his or her Ministry;

(c)

any Parliamentary Secretary to his or her Ministry.

Amended [16/2016]

(2)

Any reference to the Minister in section 8(6), 10(5), 11(6), 14(6), 29(7), 33 or 39A includes a reference to a person designated under subsection (1).

Amended [16/2016]

(3)

To avoid doubt, in this section —

Amended [16/2016]

Definition

“Minister of State” includes a Senior Minister of State;

Definition

“Parliamentary Secretary” includes a Senior Parliamentary Secretary.

Amended [16/2016]

Section 40

Duty of police officers to execute orders

Every police officer must, when so requested by an immigration officer, receive and execute any written order of the Controller, and any warrant of the Controller for the arrest, detention or removal of any person made under the provisions of this Act.

Section 41

Restriction on discharge of member of crew

(1)

When any seaman is about to be or is discharged or paid off in Singapore, the master, owner, charterer or agent must so notify the Controller.

(2)

A member of a crew who has been discharged or paid off must not be left in Singapore unless either —

(a)

he or she is a citizen of Singapore; or(b)he or she is in possession of a valid permit or pass.

(3)

Where there has been any contravention of subsection (2), the master, owner, charterer, agent or consignee of the vessel, aircraft or train in which the person concerned was employed is liable for the maintenance of that person and for the cost of that person’s repatriation to that person’s place of birth or citizenship or, if the master, owner, charterer, agent or consignee so elects, to such other place as the Controller may approve.

Section 42

Signing on or bringing as member of crew any person with intent to land contrary to this Act

Any transportation company and any person, including the master and the owner of a vessel, aircraft or train arriving in Singapore, who —

(a)

is not a citizen of Singapore;

(b)

is by reason of destitution, infirmity or mental incapacity, unable to obtain employment or to support himself or herself and his or her family (if any);

(c)

is unable to pay the cost of his or her passage and of the passages of his or her family (if any) to the country of his or her birth or citizenship; and(d)is or is likely to become a charge upon the public or on a charitable institution,may apply to the Controller for the repatriation of himself or herself and his or her family (if any) at the cost of the Government.

(2)

Upon an application under subsection (1), if the Controller is satisfied, after such inquiry as he or she thinks necessary, that the person has or is about to become a charge on the public or on a charitable institution and is unable to pay the cost of the repatriation of himself or herself and his or her family (if any) and that no government, organisation, company or person is liable or willing to pay the cost of repatriation, the Controller may authorise the payment of the cost subject to the condition specified in subsection (3).

(3)

Any person repatriated at the cost of the Government must enter into an undertaking, in such form as may be prescribed, that he or she will not return to Singapore without the written sanction of the Controller.

(4)

Such sanction is conditional upon the person refunding to the Controller all costs and charges incurred in the repatriation of the person and his or her family (if any) and is subject to such other conditions as the Controller may consider expedient.

(5)

Any person repatriated at the cost of the Government under this section who enters or attempts to enter Singapore without the sanction of the Controller under subsection (3), or who having entered Singapore with such sanction, fails or neglects to comply with any condition upon which the sanction was given, shall be guilty of an offence.

Section 46

Masters, owners, etc., liable for expenses

Amended [18/2012]

(1)

If any person —

Any vessel so forfeited is to be sold free of all encumbrances.

(5)

The proceeds of sale of a vessel under this section must, despite any rule of law relating to priority of claims, be applied first in payment of any fine, costs, expenses or charges incurred under this Act and of any costs incurred in and about the sale and the proceedings leading thereto, and the balance must be paid to the owner of the vessel or other person lawfully entitled to the proceeds thereof.

(6)

Section 3(1)(r) of the High Court (Admiralty Jurisdiction) Act 1961 is to be construed as extending to any claim in respect of a liability incurred by the owner of a vessel under this Act.

Section 49

Power to seize, detain and forfeit vessels below 200 tons or vehicles

Amended [18/2012]

(1)

Any vessel below 200 tons or any vehicle that is used, or in respect of which there is reasonable cause to suspect that it has been or that it is about to be used, in the commission of any offence under this Act or the regulations may be seized and detained at any place either on land or in the territorial waters of Singapore —

(a)

by the Controller, or any immigration officer authorised in that behalf by the Controller in writing under his or her hand; or(b)by any police officer authorised in that behalf by a Deputy Commissioner of Police in writing under his or her hand.

Amended [18/2012]

(2)

The seizing officer must immediately give written notice of the seizure and the grounds thereof to the owner, charterer or agent of the vehicle or vessel so seized or detained, either by delivering the notice to the owner, charterer or agent in person or by post at that person’s place of office or abode, if known.

(3)

The notice under subsection (2) is not required to be given where the seizure or detention is made in the presence of or with the knowledge of the offender or the owner or the agent of the offender or owner, as the case may be.

(4)

Any vehicle or vessel liable to seizure or detention under subsection (1) is liable to forfeiture.

(5)

An order for the forfeiture or for the release of any vehicle or vessel liable to forfeiture under this section is to be made by the court before which the prosecution with regard thereto has been held.

(6)

Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that an offence under this Act or the regulations has been committed and that the vehicle or vessel was used in the commission of the offence, the court is to make an order for the forfeiture of the vehicle or vessel, even though no person may have been charged with or convicted of the offence.

(6A)

No vehicle or vessel is to be forfeited under this section if it is established by the owner thereof that the vehicle or vessel was unlawfully in the possession of another person without the owner’s consent.

(7)

The Controller may sell any vehicle or vessel forfeited under this section.

(8)

The proceeds of the sale must, after payment of the expenses of the sale, be applied in payment of any fine, costs or charges incurred under this Act and any balance remaining must be paid into the Consolidated Fund.

Section 50

Power of interrogation

(1)

Any person reasonably believed to be a person liable to removal from Singapore under any of the provisions of this Act may be questioned by an immigration officer.

(2)

The person must fully and truthfully answer all questions and enquiries put to the person by the immigration officer tending, directly or indirectly, to establish the person’s identity, nationality or occupation or bearing on any of the restrictions contained in this Act or the regulations, and shall disclose and produce to that officer on demand all documents in the person’s possession relating to those matters.

(3)

All such answers and documents are admissible in evidence in any proceedings under this Act against the person making or producing the same.

(4)

Nothing in this section is to be construed as rendering any such answers inadmissible in any other proceedings in which they would otherwise be admissible.

Section 51

Power of search and arrest for offence under Act

Amended [6/2018]Amended [15/2010]

(1)

Any immigration officer or any other officer generally or specially authorised in writing in that behalf by the Controller, and any officer of the Singapore Customs acting under the instructions of such immigration officer, and any police officer may without a warrant and with or without assistance —

(a)

enter and search any premises; and(b)stop and search any vehicle, train, vessel or person, or search any aircraft, whether in a public place or not,if he or she has reason to believe that any evidence of the commission of an offence under this Act or the regulations is likely to be found on the premises or person or in the vehicle, vessel, aircraft or train, and may seize any evidence so found.

Amended [6/2018]

(2)

A woman must not be searched under this section except by a woman.

(3)

Any police officer, immigration officer or customs officer may arrest without warrant any person whom the officer reasonably believes has committed an offence under this Act or the regulations.

(4)

Where any person is arrested by an immigration officer or customs officer under subsection (3), the immigration officer or customs officer must comply with sections 67 and 68 of the Criminal Procedure Code 2010 as if he or she were a police officer.

Amended [15/2010]

Section 51AA

Power of search and arrest for offences committed within authorised area, etc.

Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]Amended [6/2018]

(1)

An immigration officer or a police officer may, without a warrant and with or without assistance, stop and search any vehicle, train, vessel or person, or search any aircraft, within or in the vicinity of an authorised area, if the immigration officer or police officer has reason to believe that —

(a)

a relevant offence has been, or is likely to be, committed within or in the vicinity of the authorised area; and(b)any evidence of the commission of the relevant offence is likely to be found on the person or in the vehicle, train, vessel or aircraft.

Amended [6/2018]

(2)

An immigration officer or a police officer may seize any evidence so found under subsection (1).

Amended [6/2018]

(3)

A woman must not be searched under this section except by a woman.

Amended [6/2018]

(4)

An immigration officer or a police officer may require any person subject to a search under subsection (1) to undergo any form of security screening, including doing one or more of the following:

(a)

to walk through a walk-through detector;

(b)

to pass the person’s personal property through an X‑ray machine;

(c)

to allow the immigration officer or police officer to pass a hand‑held scanner in close proximity to the person;

(d)

The person arrested must not be restrained more than is necessary to prevent the person’s escape.

Amended [6/2018]

(12)

Where any person is arrested by an immigration officer under subsection (8) or (9), the immigration officer —

(a)

must immediately inform a police officer of the arrest and await the arrival of a police officer to hand over the person to the police officer; and(b)while awaiting the arrival of a police officer, may detain the person for a period not exceeding 24 hours in any suitable place of detention within or in the vicinity of an authorised area.

Amended [6/2018]

(13)

An immigration officer, who has reasonable grounds to suspect that a relevant offence may be committed within or in the vicinity of an authorised area, may intervene for the purpose of preventing and must, to the best of the immigration officer’s ability, use all lawful means to prevent the commission of the relevant offence.

Amended [6/2018]

(14)

Where a relevant offence is committed within or in the vicinity of an authorised area, an immigration officer may, for the purpose of preserving any crime scene, cordon off any area where the relevant offence is committed.

Amended [6/2018]

(15)

Nothing in this section affects any other power exercisable by an immigration officer under any other written law.

Amended [6/2018]

(16)

In this section —

Amended [6/2018]

Definition

(4)

Any immigration officer who contravenes subsection (3), or any law enforcement officer who discloses any document or information obtained under that subsection to any other person other than for the purpose specified in paragraph (a) or (b) of that subsection, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended [5/2010]

(5)

In this section, unless the context otherwise requires —

Amended [5/2010]

Definition

“Board” means the Housing and Development Board established under section 3 of the Housing and Development Act 1959;

Definition

“disclose”, in relation to any document or information, includes allowing access to such document or information;

Definition

“law enforcement officer” means —

(a)

any police officer;

(b)

any immigration officer; or(c)any registration officer within the meaning of the National Registration Act 1965.

Amended [5/2010]

Section 52

Person registered under Enlistment Act 1970

(1)

An immigration officer may prevent any person from leaving Singapore and require the person to surrender the person’s passport to the immigration officer if the immigration officer has reason to believe that the person is a person subject to the Enlistment Act 1970 who has been registered under section 3 of that Act or is deemed to be registered or is liable to be registered under that Act and is attempting to leave Singapore without an exit permit issued by the proper authority.

(2)

In this section, “person subject to the Enlistment Act 1970” and “proper authority” have the meanings given by the Enlistment Act 1970.

Section 53

Registration of particulars for purposes of identification

The provisions of the Registration of Criminals Act 1949 relating to persons ordered to be expelled from Singapore apply to persons ordered to be removed from Singapore under the provisions of this Act or persons who have been found guilty of an offence under section 57(1)(a), (b), (c), (d) or (e), and for the purpose of so applying that Act an immigration officer is deemed to be a police officer.

Section 54

Counterfoils, etc., to be prima facie evidence

In any proceedings under this Act or at the hearing of any charge for an offence under this Act, any counterfoil or counterpart of any permit, pass, certificate or other document issued under this Act or the regulations and purporting to be signed by the Controller or by an immigration officer generally or specially authorised in that behalf by the Controller may be produced in evidence without further proof and is prima facie evidence of the facts therein stated and is, unless the contrary be proved, presumed to be a true statement of the relevant contents of the permit, pass, certificate or other document to which it relates.

Section 55

Regulations

Amended [18/2012; 6/2018]

(1)

The Minister may make regulations not inconsistent with the provisions of this Act for all or any of the following purposes:

(a)

prescribing anything that is to be or may be prescribed under the provisions of this Act;

(b)

prescribing the forms to be used for the purposes of this Act;

(c)

prescribing —

(i)

the period for which permits are valid;

(ii)

the terms and conditions subject to which any person (other than a person referred to in sub‑paragraph (v)) may be granted a permit and the authority who may issue permits;

(iii)

the terms and conditions subject to which any person (other than a person referred to in sub‑paragraph (v)) may be granted a pass entitling him or her to enter and remain temporarily within Singapore, the period for which any pass may be granted, the classes of passes and the authority who may issue passes;

(iv)

the terms and conditions subject to which any person may be granted a certificate of status entitling him or her to enter Singapore, the period for which the certificate may be granted and the authority who may issue such certificates;

(v)

the terms and conditions subject to which any person who has ceased to be a citizen of Singapore may be granted a permit or a pass entitling him or her to enter, re‑enter or remain temporarily within Singapore, including but not limited to the period for which such a permit or pass may be granted, the classes of such permits and passes and the authority who may issue such permits or passes;

(d)

providing for the payment and recovery of any expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Singapore of any person under the provisions of this Act;

(e)

prescribing the place where, the person to whom and the manner in which application to enter Singapore must be made;

(ea)

providing for the circumstances for granting Singapore visas and the conditions subject to which a Singapore visa may be granted;

(eb)

providing for the manner in which personal identifiers (within the meaning of Part 5A) are obtained and kept;

(f)

prescribing the procedure to be followed by persons entering Singapore;

(g)

prescribing the procedure to be followed by authorities in the exercise of their functions under this Act;

(ga)

providing for the taking or recording of any personal identifier of —

(i)

any person who applies for or has been issued with a permit or pass;

(ii)

any person suspected or have been convicted of an offence under section 5, 6(1), 15 or 36 or the regulations;

(iii)

any prohibited immigrant;

(iv)

any person (other than a citizen of Singapore) who transits through Singapore; or(v)any applicant for, or holder of, a Singapore visa;

(h)

governing the procedure to be followed and the fees and costs to be paid on any appeal;

(i)

providing for a deposit or security to be made or given by or in respect of any person as a condition of, or for the grant of, an entry permit, a re‑entry permit or a pass to him or her and the conditions subject to which the deposit or security may be forfeited;

(j)

prescribing the fees to be charged upon the issue of any entry permit, re‑entry permit, certificate, pass, Singapore visa or document issued or to be issued under this Act or the regulations and the processing of any application for the issue of such entry permit, re‑entry permit, certificate, pass, Singapore visa or document;

(ja)

prescribing different fees for different classes of applicants for any entry permit, re‑entry permit, certificate, pass, Singapore visa or document issued or to be issued under this Act or the regulations, and any application fee so prescribed need not bear any relationship to the cost of issuing or processing the entry permit, re‑entry permit, certificate, pass, Singapore visa or document;

(k)

prescribing the penalties of imprisonment for a term not exceeding 2 years or a fine not exceeding $3,000 or both for the breach of the regulations; (ka)prescribing the penalties for the late payment of any fees prescribed under the regulations;

(l)

generally for the better carrying into effect of the purposes and provisions of this Act.

Amended [18/2012; 6/2018]

(2)

All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

(3)

If a resolution is passed within the next 3 months after the regulations are so presented disapproving the regulations or any part thereof, the regulations or such part thereof (as the case may be) then cease to have effect but without affecting the validity of anything previously done thereunder.

Section 56

Power to exempt from provisions of this Act

(1)

Despite anything in this Act, the Minister may by order exempt any person or class of persons, either absolutely or conditionally, from all or any of the provisions of this Act and may in that order provide for any presumptions necessary in order to give effect thereto.

(2)

Every order made under this section which relates to a class of persons shall be published in the Gazette.

Section 57

Offences

Amended [15/2010; 18/2012; 15/2019; S 22/89; S 227/95]Amended [15/2010]Amended [15/2010]Amended [18/2012]Amended [18/2012]Amended [18/2012]

(1)

Any person who —

(a)

attempts unlawfully to enter Singapore in contravention of any provision of this Act, other than section 6(1), or the regulations;

(aa)

abets any person to enter Singapore in contravention of the provisions of this Act or the regulations;

(b)

abets any person to leave Singapore in contravention of the provisions of this Act or the regulations;

(c)

engages in the business or trade of conveying to or out of Singapore in or on any vehicle, vessel, aircraft or train any person whom he or she knows or has reasonable grounds for believing is a prohibited immigrant;

(d)

harbours a person —

(i)

whom the defendant knows has acted in contravention of the provisions of this Act or the regulations;

(ii)

with reckless disregard as to whether he or she has acted in contravention of the provisions of this Act or the regulations; or(iii)negligently failing to ascertain as to whether he or she has acted in contravention of the provisions of this Act or the regulations;

(e)

employs any person who has acted in contravention of section 6(1), 15 or 36 or the regulations;

(f)

makes or causes to be made any false report, false statement or false representation in connection with any obligation imposed by the provisions of this Act or the regulations;

(g)

resists or obstructs, actively or passively, any immigration officer in the execution of the immigration officer’s duty;

(h)

without lawful excuse hinders or obstructs any removal under the provisions of this Act;

(i)

gives, sells or parts with possession of any entry or re‑entry permit, pass, Singapore visa or certificate in order that it may be used in contravention of paragraph (j);

(j)

uses any entry or re-entry permit, pass, Singapore visa or certificate issued to any other person as if it had been lawfully issued to himself or herself;

(k)

by making a false statement obtains or attempts to obtain an entry or a re‑entry permit, pass, Singapore visa or certificate for himself or herself or for any other person; (l)uses or without lawful authority has in the person’s possession any forged, unlawfully altered or irregular entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations, or any permit, pass, Singapore visa or certificate or other document so issued on which any endorsement has been forged or unlawfully altered;

(m)

makes or has in the person’s possession, without lawful authority, or traffics in any electronic template, stamp, seal, plate, paraphernalia or other instrument knowing that the electronic template, stamp, seal, plate, paraphernalia or instrument is or is intended to be used for forging or unlawfully altering any endorsement made under this Act or the regulations on any passport, entry or re‑entry permit, pass, Singapore visa or certificate or other document issued or to be issued under this Act or the regulations; or(n)makes or has in the person’s possession, without lawful authority, or traffics in any device, machine, paper, material or other thing knowing that the device, machine, paper, material or thing is or has been specially designed or adapted for making a forged entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations,shall be guilty of an offence.

(1AA)

A person who is guilty of an offence under subsection (1) —

(a)

in the case of an offence under subsection (1)(a), shall be punished with imprisonment for a term not exceeding 2 years and shall also be liable to a fine not exceeding $4,000;

(b)

in the case of an offence under subsection (1)(aa), shall be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years, and —

(i)

where the offence is abetted within the meaning of section 107(1)(b) or (c) of the Penal Code 1871 and the offence abetted is punishable with caning, shall also, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished with caning with not less than 3 strokes; or(ii)in any other case, shall also be liable to a fine not exceeding $6,000;

(c)

subject to subsection (1A), in the case of an offence under subsection (1)(b) or (e), shall be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000;

(d)

in the case of an offence under subsection (1)(c), shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and shall also be punished, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning with not less than 3 strokes;

(e)

in the case of an offence under subsection (1)(d)(i) or (ii), shall on conviction be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000;

(f)

in the case of an offence under subsection (1)(d)(iii), shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both; (g)in the case of an offence under subsection (1)(f), (g), (h), (i), (j), (k) or (l), shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both; and (h)in the case of an offence under subsection (1)(m) or (n), shall be liable on conviction to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 5 years or to both.

Amended [15/2010; 18/2012; 15/2019; S 22/89; S 227/95]

(1A)

Where, in the case of any offence under subsection (1)(e), it is proved to the satisfaction of the court that the defendant has at the same time employed more than 5 immigration offenders, the defendant shall be punished, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning in addition to the punishment prescribed for that offence.

Amended [15/2010]

(1B)

Where, by virtue of sections 325(1) and 330(1) of the Criminal Procedure Code 2010, the defendant referred to in subsection (1A) is not punishable with caning, he shall, in lieu of caning, be punished with a fine not exceeding $10,000.

Amended [15/2010]

(2)

Where a body corporate is guilty of an offence under subsection (1)(e) and that offence is proved to have been committed with the authority, consent or connivance of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2A)

Where a body corporate is guilty of an offence under this Act for which a period of mandatory imprisonment or mandatory caning is prescribed, the body corporate shall, in lieu of imprisonment or caning, be liable on conviction to a fine of not less than $100,000 and not more than $200,000.

(3)

Any person unlawfully entering or re‑entering or attempting unlawfully to enter or re‑enter Singapore or unlawfully remaining in Singapore shall, whether or not any proceedings are taken against him or her in respect of that offence, be liable to be removed from Singapore by order of the Controller.

(4)

Where the master of any vessel is charged with an offence under this Act, the clearance of the vessel may be refused until the charge has been heard and the fine (if any) imposed has been paid.

(5)

Where, in any proceedings under this Act or the regulations, it is proved that the defendant has failed to produce on demand by an immigration officer or a police officer —

(a)

any valid permit, pass or certificate issued to him or her under this Act or the regulations;

(b)

any other document accepted by the Controller as evidence that the defendant has entered or remained in Singapore lawfully; or(c)any other evidence showing to the satisfaction of the Controller that the defendant is exempted from section 6(1),it is presumed, until the contrary is proved, that he or she has (as the case may be) entered or re‑entered or remained in Singapore unlawfully.

(6)

Where, in any proceedings for an offence under subsection (1)(c), it is proved that the defendant has conveyed any prohibited immigrant in any vehicle, vessel, aircraft or train, it is presumed, until the contrary is proved, that he or she is engaged in the business or trade of conveying to Singapore in or on that vehicle, vessel, aircraft or train that prohibited immigrant knowing him or her to be, or having reasonable grounds for believing him or her to be, a prohibited immigrant.

(7)

Where, in any proceedings for an offence under subsection (1)(d)(ii) or (iii), it is proved that the defendant has given shelter to an immigration offender, it is presumed, until the contrary is proved, that the defendant has harboured him or her with reckless disregard as to whether he or she is an immigration offender or negligently failing to ascertain as to whether he or she is an immigration offender, as the case may be.

(7A)

In any proceedings for an offence under subsection (1)(d)(ii) or (iii), it is not a defence for the defendant to prove that the immigration offender harboured was in possession of a permit or pass issued to the immigration offender under this Act or the regulations unless the defendant further proves that he or she had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations.

(7B)

Where a defendant who is charged with an offence under subsection (1)(d)(ii) has rebutted the presumption that the defendant has harboured an immigration offender with reckless disregard as to whether he or she is such a person under subsection (7), the defendant shall be liable to be charged with an offence under subsection (1)(d)(iii).

(7C)

For the purpose of subsection (7A) —

(a)

a defendant who is charged with an offence under subsection (1)(d)(ii) is not to be deemed to have exercised due diligence unless the defendant has carried out any 2 of the acts specified in subsection (7D); and(b)a defendant who is charged with an offence under subsection (1)(d)(iii) is not to be deemed to have exercised due diligence unless the defendant has carried out all the acts specified in subsection (7D).

(7D)

The acts referred to in subsection (7C), to be carried out by the defendant in relation to the immigration offender harboured, are —

(a)

inspecting the permit or pass issued to the immigration offender under this Act or the regulations;

(b)

checking the permit or pass to ascertain that the particulars on the passport of the immigration offender materially correspond with the particulars set out in the permit or pass;

(c)

checking with —

(i)

the Controller of Immigration or the Controller of Work Passes (as the case may be) that the permit or pass was valid at the material time; or(ii)the employer to verify that the immigration offender is employed by the employer and that the particulars of the immigration offender correspond with the records of the employer, where the name of the employer of the immigration offender is specified in the permit or pass.

(8)

Where an immigration offender is found at any premises or place, other than premises used solely for residential purposes, the occupier of the premises or place is presumed, until the contrary is proved, to have employed him or her knowing that he or she is an immigration offender.

(9)

In any proceedings for an offence under subsection (1)(e), it is not a defence for the defendant to prove that the person employed by the defendant was in possession of a permit or pass issued to the person under this Act or the regulations unless the defendant further proves that the defendant had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations.

(10)

For the purpose of subsection (9), a defendant who is charged with an offence under subsection (1)(e) is not to be deemed to have exercise due diligence unless the defendant —

(a)

has inspected the permit or pass issued to the person employed by the defendant;

(b)

has checked the permit or pass to ascertain that the particulars on the passport of the person employed by the defendant materially correspond with the particulars set out in the permit or pass; and(c)where the person employed by the defendant is a holder of a visit pass, has reasonable grounds for believing that the person had, at the material time, in force a work pass issued under the Employment of Foreign Manpower Act 1990 or had obtained the written consent of the Controller of Immigration.

(11)

A person, being the owner, tenant or occupier of any premises or place referred to in subsection (8), must not knowingly permit or suffer such premises or place or any part thereof to be kept or used as a place or premises in which any person is employed in contravention of subsection (1)(e).

(12)

Any person who contravenes subsection (11) shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000.

(12A)

Where, in any proceedings for an offence under subsection (1)(m) of possession without lawful authority of any electronic template, stamp, seal, plate, paraphernalia or instrument, it is proved —

(a)

that the electronic template, stamp, seal, plate, paraphernalia or instrument was in the custody or under the control of the defendant when it was used for forging or unlawfully altering an endorsement mentioned in that subsection; or(b)that the defendant had in the defendant’s possession the electronic template, stamp, seal, plate, paraphernalia or instrument which had been specially designed or adapted for forging or unlawfully altering an endorsement mentioned in that subsection,it is presumed, until the contrary is proved, that the defendant knew that the electronic template, stamp, seal, plate, paraphernalia or instrument (as the case may be) was or would be used to forge or unlawfully alter an endorsement mentioned in that subsection.

Amended [18/2012]

(12B)

Where, in any proceedings for an offence under subsection (1)(n) of possession without lawful authority of any device, machine, paper, material or thing, it is proved —

(a)

that the device, machine, paper, material or thing was in the custody or under the control of the defendant when it was used to make the forged entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations; or(b)that the defendant had in the defendant’s possession the device, machine, paper, material or thing which had been specially designed or adapted for making a forged entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations,it is presumed, until the contrary is proved, that the defendant knew that the device, machine, paper, material or thing (as the case may be) was or had been specially designed or adapted for making a forged entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations.

Amended [18/2012]

(12C)

In subsection (1)(m) and (n), “traffic”, in relation to any thing, means —

(a)

to sell, deliver or distribute that thing; or(b)to offer to do or to cause to be done any act mentioned in paragraph (a) in relation to that thing.

Amended [18/2012]

(13)

In this section and sections 57A and 57B, “immigration offender” means a person who has acted in contravention of section 6(1), 15 or 36 or the regulations.

(14)

A reference to a permit or pass in subsections (7D) and (10) in relation to a person is to be read as a reference to the original copy of the permit or pass issued to that person under this Act or the regulations.

Section 57A

Prohibition of immigration offender entering or remaining at work place

(1)

An occupier of a work place who has control of access to the work place must not permit any immigration offender to enter or remain at the work place.

(2)

Where an immigration offender is found at a work place, it is presumed, until the contrary is proved, that the occupier of the work place —

(a)

had control of access to the work place;

(b)

had permitted the immigration offender to enter or remain at the work place; and(c)had knowledge that he or she is an immigration offender.

(3)

The presumptions provided for in subsection (2)(b) and (c) are not rebutted unless the defendant proves that the defendant had exercised due diligence to prevent the immigration offender from entering or remaining at the work place.

(4)

For the purposes of subsection (3), a defendant is not presumed to have exercised due diligence unless the defendant had taken all reasonable measures to prevent any immigration offender from entering or remaining at the work place, including all the measures prescribed under subsection (5) in respect of the work place.

(5)

For the purposes of subsection (4), the Minister may, by notification in the Gazette, prescribe the measures that are required to be taken by the occupier of the work place.

(6)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $15,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both for each immigration offender found at the work place and, in the case of a second or subsequent conviction, to a fine of not less than $30,000 and not more than $60,000 or to imprisonment for a term not exceeding 2 years or to both for each immigration offender found at the work place.

(7)

In this section —

Definition

“construction works” means the construction, extension, installation, carrying out, repair, maintenance, renewal, removal, alteration, dismantling or demolition of —

(a)

any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;

(b)

any road, motorway, harbour works, railway, cableway, canal or aerodrome;

(c)

any drainage, irrigation or river control work;

(d)

any electrical, water, gas or telecommunication works;

(e)

Assisting, encouraging or inducing giving of shelter to immigration offenders

Amended [15/2019]

(1)

Any person who, for or in expectation of any fee, gain or reward, assists, encourages or induces any other person to give shelter to any immigration offender shall, if the second-mentioned person gives shelter to the immigration offender in consequence of such assistance, encouragement or inducement, be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000.

Amended [15/2019]

(2)

In any proceedings for an offence under subsection (1), it is not a defence for the defendant to prove that the immigration offender was in possession of a permit or pass issued to the immigration offender under this Act or the regulations unless the defendant further proves that he or she had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations.

(3)

For the purpose of subsection (2), a defendant who is charged with an offence under subsection (1) is not to be deemed to have exercised due diligence unless the defendant —

(a)

has inspected the permit or pass issued to the person harboured;

(b)

has checked the permit or pass to ascertain that the particulars on the passport of the person harboured materially correspond with the particulars set out in the permit or pass; and(c)has checked with —

(i)

the Controller of Immigration or the Controller of Work Passes (as the case may be) that the permit or pass was valid at the material time; or(ii)the employer to verify that the person is employed by the employer and that the person’s particulars correspond with the employer’s records, where the name of the employer of the person harboured is specified in the permit or pass.

(4)

No prosecution for an offence under subsection (1) or for an attempt to commit that offence is to be instituted unless the person whom the defendant is alleged to have assisted, encouraged or induced in fact gave shelter to the immigration offender in consequence of such assistance, encouragement or inducement.

(5)

A reference to a permit or pass in subsection (3) in relation to a person is to be read as a reference to the original copy of the permit or pass issued to that person under this Act or the regulations.

Section 57C

Marriage of convenience

Amended [18/2012]Amended [18/2012]Amended [18/2012]Amended [18/2012; 7/2016]Amended [18/2012]Amended [18/2012]

(1)

Any person who contracts or otherwise enters into a marriage —

(a)

“gratification” includes —

(a)

money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable;

(b)

any office, employment or contract;

(c)

any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part; and(d)any other service, favour or advantage of any description;

Definition

“immigration advantage”, in relation to a party to a marriage, means the grant or extension of the validity of any visa, pass, permit or re‑entry permit under this Act or the regulations or any order made under this Act for that party or for a child or parent of that party.

Amended [18/2012]

Section 57D

Wearing and possession of uniforms, etc., by others

Amended [53/2018]Amended [53/2018]Amended [53/2018]Amended [53/2018]Amended [53/2018]Amended [53/2018]Amended [53/2018]

(1)

A person who, when the person is not an immigration officer —

(a)

wears or possesses any immigration officer uniform, or uses any immigration officer insignia —

(i)

for the purpose of personating or representing himself or herself as an immigration officer; or(ii)knowing that it is likely to cause any member of the public to believe that he or she is an immigration officer;

(b)

uses the designation or a rank of an immigration officer, in connection with any business, occupation or employment —

(i)

for the purpose of personating or representing himself or herself as an immigration officer; or(ii)knowing that it is likely to cause any member of the public to believe that he or she is an immigration officer; (c)represents himself or herself, by word or conduct, to be an immigration officer for the purpose of personating or representing himself or herself as an immigration officer; or(d)wears or possesses any immigration officer uniform, or uses any immigration officer insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —

(i)

that the person receives or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Controller;

(ii)

that the Controller has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Controller; or(iii)that the person has the sponsorship or approval of the Controller for any goods or services provided by or on behalf of the person,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

Amended [53/2018]

(2)

An immigration officer who wears any immigration officer uniform or uses any immigration officer insignia otherwise than —

(a)

in the course of, and for the purpose of, exercising the functions of an immigration officer; or(b)for such other purpose authorised in writing by the Controller,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

Amended [53/2018]

(3)

It is a defence to any prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —

(a)

the accused had the express permission of the Controller to wear or possess the immigration officer uniform or use the immigration officer insignia, as the case may be; or(b)the accused wore or possessed the immigration officer uniform or used the immigration officer insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958.

Amended [53/2018]

(4)

A person (whether or not an immigration officer) who —

(a)

manufactures any immigration officer uniform or immigration officer insignia otherwise than under an agreement with the Government;

(b)

sells any immigration officer uniform or immigration officer insignia to a person who is neither an immigration officer nor otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; or(c)gives or provides, whether or not for a consideration, any immigration officer uniform or immigration officer insignia to a person who is neither an immigration officer nor otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

Amended [53/2018]

(5)

It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —

(a)

the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the immigration officer uniform or immigration officer insignia was sold, given or provided was —

(i)

an immigration officer; or(ii)a person otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; or(b)the accused had received from the person to whom the immigration officer uniform or immigration officer insignia was sold, given or provided, evidence purporting to show that —

(i)

Definition

“sell” includes —

(a)

exchange or let on hire;

(b)

offer, expose, possess, send, forward or deliver for sale, exchange or hire; or(c)cause, suffer or allow any sale, exchange or hire;

Definition

“use”, in relation to immigration officer insignia, includes —

(a)

driving on a public road a vehicle that has on it any immigration officer insignia; and(b)using a reproduction or representation of immigration officer insignia, but does not include wearing an immigration officer uniform.

Amended [53/2018]

Section 58

General penalty

Any person guilty of an offence under this Act for which no special penalty is provided shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Section 59

Composition of offences

The Controller or any immigration officer authorised by name or by office in that behalf by the Minister by notification in the Gazette may compound such offence under this Act or the regulations as may be prescribed as being an offence that may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $500.

Section 60

Jurisdiction of Courts

(1)

All offences under this Act or the regulations shall be cognizable by a District Court or a Magistrate’s Court.

(2)

Any District Court or Magistrate’s Court may, despite anything in the Criminal Procedure Code 2010, impose the full punishment prescribed for any offence except that a Magistrate’s Court shall not impose a sentence of imprisonment for a term exceeding 12 months.

Section 61

Disposal of fees, rates, fines and forfeitures

Amended [18/2012]

All fees levied, all rates and fines imposed and recovered, all moneys forfeited and all costs and charges recovered under this Act must be paid into the Consolidated Fund.

Section 61A

Amendment of Schedule

The Minister may, by order in the Gazette, amend the Schedule, except that any other personal identifier so prescribed in the order must —

(a)

be an image of, or a measurement or recording of, an external part of the human body or a person’s voice; and(b)not be an identifier the obtaining of which would involve the taking of an intimate sample within the meaning given by section 13A of the Registration of Criminals Act 1949.

Section 62

Saving

(1)

Any person in Singapore whose presence is unlawful under the provisions of any previous written law for the time being in force in Singapore or any regulations or orders made thereunder is deemed to be unlawfully in Singapore for the purposes of this Act.

(2)

Any authority to enter Singapore granted under the provisions of any law in force immediately before 16 April 1963 and valid on that date is deemed to be a valid permit issued under the provisions of this Act but subject to any limitations imposed by that law.

Immigration Act 1959

PRELIMINARY

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

Definition

(1)

(2)

(1)

(2)

ENTRY INTO AND DEPARTURE FROM SINGAPORE

(1)

(1A)

(2)

(3)

(3A)

(4)

(5)

(6)

(7)

(8)

Definition

Definition

(1)

(2)

(3)

(4)

(1)

(2)

(3)

(4)

(5)

(6)

(1)

(2)

(3)

(4)

(5)

(1)

(2)

(3)

(4)

(5)

(6)

(1)

(2)

(1)