Clause 15

Where a person who has not less than —

2 previous admissions;

2 previous convictions for consumption of a specified drug under section 8(b);

2 previous convictions for an offence of failure to provide a urine specimen under section 31(2);

one previous admission and one previous conviction for consumption of a specified drug under section 8(b);

one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2) ; or

one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2),is convicted of an offence under section 8(b) for consumption of a specified drug or an offence of failure to provide a urine sample under section 31(2), he shall on conviction be punished with —

imprisonment for a term of not less than 5 years and not more than 7 years; and (ii)not less than 3 and not more than 6 strokes of the cane.(2) Where a person who has been punished under subsection (1) is again convicted of an offence for consumption of a specified drug under section 8(b) or an offence of failure to provide a urine specimen under section 31(2), he shall on conviction be punished with —

imprisonment of not less than 7 years and not more than 13 years; and

not less than 6 and not more than 12 strokes of the cane. (3) A certificate purporting to be signed by an officer authorised in writing by the Director of Prisons and purporting to relate to a person’s previous admission to an approved institution under this Act shall be admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate shall be evidence of all matters contained therein.(4) A certificate purporting to be signed by the Registrar for the subordinate military courts or for the Military Court of Appeal appointed under section 82(5) of the Singapore Armed Forces Act (Cap. 295) shall be admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate shall be evidence of a person’s previous conviction by a subordinate military court or the Military Court of Appeal.(5) For the purposes of this section —

a conviction under section 8(b) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act (Cap. 295) at —

any time before the commencement of the Misuse of Drugs (Amendment) Act 1998 but not before 1st October 1992 for the consumption of a controlled drug which is specified in the Fourth Schedule; or

any time on or after the commencement of the Misuse of Drugs (Amendment) Act 1998 for the consumption of a specified drug,shall be deemed to be a previous conviction for consumption of a specified drug under section 8(b);

a conviction under section 31(2) for failure to provide a urine specimen by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act at any time before the commencement of the Misuse of Drugs (Amendment) Act 1998 but not before 1st October 1992 shall be deemed to be a previous conviction for an offence under section 31(2) of failure to provide a urine specimen;

“admission” means an admission under section 37(2) to an approved institution at —

any time before the commencement of the Misuse of Drugs (Amendment) Act 1998 but not before 1st October 1992 for the consumption of a controlled drug which is specified in the Fourth Schedule; or

any time on or after the commencement of the Misuse of Drugs (Amendment) Act 1998 for the consumption of a specified drug.”.