Clause 21

by deleting the word “or” at the end of paragraph (k) of subsection (1);

by deleting the comma at the end of paragraph (l) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(m)fails to comply with any order made under section 31A(1) or (4),”;

by deleting the word “and” at the end of sub-paragraph (iii) of subsection (1),(d)by deleting the full-stop at the end of sub-paragraph (iv) of subsection (1) and substituting the word “; and”, and by inserting immediately thereafter the following sub-paragraph:“(v)in the case of an offence under paragraph (m) shall be liable on conviction to a fine of not less than $5,000 and not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”; and

by inserting, immediately after subsection (8), the following subsections:“(9) In any proceedings for an offence under subsection (1)(d) or (e), it shall not be a defence for the defendant to prove that the person harboured or employed by him was in possession of a pass or permit issued to the person under this Act or the regulations unless the defendant further proves that he had exercised due diligence to ascertain that the pass or permit was at the material time valid under this Act or the regulations.(10) For the purposes of subsection (9), a defendant shall not be deemed to have exercised due diligence unless he had personally checked the passport or other travel document of the person whom he had harboured or employed and had reasonable ground to believe that —

the person harboured or employed by him had, at the material time, in force a pass or permit issued under this Act or the regulations; and

where such person is the holder of a visit pass, that person had, at the material time, in force a work permit issued under the Employment of Foreign Workers Act [Cap. 91A] or had obtained the written consent of the Controller to work in Singapore.”.