Singapore legislation
Section 6A
Section 6A
Prohibition of foreigner without work pass 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 foreigner without a valid work pass to enter or remain at the work place.
(2)
Where a foreigner without a valid work pass is found at any work place, it is presumed, until the contrary is proved, that the occupier of the work place —
had control of access to the work place;
had permitted the foreigner to enter or remain at the work place; and
had knowledge that the foreigner did not possess a valid work pass.
(3)
The presumptions provided for in subsection (2) are not to be rebutted by proof that a defendant did not know that the person was a foreigner unless the defendant further proves that the defendant had exercised due diligence —
to prevent the foreigner from entering or remaining at the work place;
to ascertain that the person was a citizen or permanent resident of Singapore by checking the person’s passport, document of identity or other travel documents; or
to ascertain that the foreigner had at the material time in his or her possession a valid work pass by checking his or her original work pass.
(4)
For the purposes of subsection (3)(a), a defendant is not to be deemed to have exercised due diligence unless the defendant had taken all reasonable measures to prevent any foreigner without a valid work pass 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 not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; and
on a second or subsequent conviction, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both.
(7)
In this section —
Definition
“occupier”, in relation to a work place, means the principal contractor who undertakes any construction works at the work place and includes any other person as the Minister may, by notification in the Gazette, specify to be the occupier of the work place;
Definition
“principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property, or an agent of the owner, developer or lessee, for the purpose of carrying out any construction works, or such other works or activities as the Minister may, by notification in the Gazette, specify;
Definition
“work place” means any place or premises where works are being carried out and includes any premises within the vicinity of the work place to which the occupier has control of access.
(8)
To avoid doubt, where a person has been convicted of an offence under subsection (6), and the person has on a previous occasion been convicted for contravening section 6A(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Revised Edition) in force immediately before 1 July 2007, the firstmentioned conviction shall be considered a second or subsequent conviction under subsection (6).
(9)
All convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction.
(10)
Nothing in this section prevents any person from being prosecuted under any other provision of this Act for any act or omission which constitutes an offence under that other provision, but no person shall be punished twice for the same offence.