Singapore legislation
Section 13
Section 13
Compliance directive
(1)
The Commissioner may (without compensation) give a compliance directive if the Commissioner —
considers that the duties imposed by or under this Act in connection with the management of the business of operating boarding premises as a foreign employee dormitory, or the operations of a foreign employee dormitory, are being carried out in a careless or incompetent manner;
is satisfied that a licensed operator has contravened or failed to comply with any condition of the licensed operator’s licence, or any code of practice or standard of performance applicable to the licensed operator, and that the contravention or non‑compliance may be rectified; or
has reasonable grounds to believe —
that there is a serious and imminent threat or risk to the safety and health of the residents of any boarding premises specified in a licence; or
that the occurrence within or outside Singapore of any civil unrest, hostilities, war, election or other event (whether or not of a similar kind) may occasion disorder within any boarding premises specified in a licence, or cause feelings of ill will or hostility between, by or with such residents,and that a compliance directive is appropriate or requisite to avoid any actual or imminent occurrence that endangers the safety or health of those residents, to prevent disorder or preserve the safety of those residents, or to avoid serious disruptions to the community in the vicinity of those boarding premises, as the case may be.
(2)
A compliance directive may be given to either or both the following:
a licensed operator in respect of any boarding premises specified in the licensed operator’s licence;
the proprietor of the boarding premises operated as a foreign employee dormitory by a licensed operator where the Commissioner receives a statutory declaration from the licensed operator under subsection (7) and is satisfied that compliance by the licensed operator with the compliance directive requires the permission or other cooperation of that proprietor.
(3)
A compliance directive —
may require the licensed operator or proprietor concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified or described in the directive;
is to take effect at such time, being the earliest practicable time, as is determined by or under that directive; and
may be revoked at any time by the Commissioner.
(4)
Without limiting subsection (3)(a), a compliance directive —
may include the measures to be taken to remedy any contravention or non‑compliance to which the directive relates, or to otherwise comply with the directive;
may offer the licensed operator or proprietor to whom the directive is given a choice of ways in which to remedy the contravention or non‑compliance or to comply with the directive;
may order the licensed operator or proprietor to stop the boarding premises concerned from being used as a foreign employee dormitory for a period not exceeding 3 months in order to deal with a serious and imminent threat or risk to the safety and health of the residents of those boarding premises; and
where the circumstances in subsection (1)(c) apply, may order the licensed operator to check or control the movement of residents in those boarding premises, including restricting entry to and exit from those premises.
(5)
Every licensed operator or proprietor of a foreign employee dormitory must comply with every compliance directive given to the licensed operator or proprietor (as the case may be) as soon as it takes effect.
(6)
Without affecting the right of the Commissioner to exercise the powers under subsection (8) —
the licensed operator of a foreign employee dormitory who, without reasonable excuse, contravenes or fails to comply with a requirement imposed by a compliance directive given to the licensed operator (whether or not the same directive is also given to a proprietor); or
the proprietor of a foreign employee dormitory who, without reasonable excuse, contravenes or fails to comply with a requirement imposed by a compliance directive given to the proprietor (whether or not the same directive is also given to a licensed operator),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
(7)
A licensed operator given a compliance directive to demolish, renovate or otherwise alter any part of the premises specified in the licence of the licensed operator may, within 7 days after receiving the directive, provide the Commissioner a statutory declaration stating —
that by reason of any arrangements (by contract or otherwise) with the proprietor of the boarding premises operated as a foreign employee dormitory, the licensed operator is not entitled to do, or is to refrain from doing, such things as are specified or described in the compliance directive, and describing those arrangements; and
the name and address of the proprietor.
(8)
If a compliance directive is not complied with to the Commissioner’s satisfaction, the Commissioner may carry out or cause to be carried out all or any of the repairs, work or alteration specified in that directive, and recover (as a debt due to the Government) all expenses reasonably incurred by him or her in the exercise of powers under this subsection from the licensed operator or the proprietor of a foreign employee dormitory in default.
(9)
It is not necessary to publish any compliance directive given under this section in the Gazette, or for the Commissioner to provide a licensed operator or proprietor reasonable opportunity to be heard before giving the licensed operator or proprietor a compliance directive.