Singapore legislation
Schedule 2
Schedule 2
Consequential and related amendments to Immigration Act
SECOND SCHEDULESection 62Consequential and related amendments to Immigration ActFirst column Second column(1)Section 2 (a)Insert, immediately after the definition of “master”, the following definition:“ “non-citizen” means any person who is not a citizen of Singapore;”. (b)Delete the definition of “personal identifier” and substitute the following definition:“ “personal identifier” means any of the identifiers specified in the Schedule (including any in digital form);”. (c)Insert, immediately after the definition of “seaman”, the following definition:“ “Singapore visa” means a Singapore visa granted under Part IIA;”. (2)— Insert, immediately after section 5, the following section: “Person entering or leaving Singapore to produce passport, etc. 5A.—
Subject to subsection (3), every person, whether a citizen of Singapore or a non-citizen, who is arriving in Singapore (by air, sea or land) from a place outside Singapore, or is leaving Singapore (by air, sea or land) to a place outside Singapore, shall present to an immigration officer at the authorised airport, authorised landing place, authorised train checkpoint, authorised point of entry, authorised departing place or authorised point of departure, as the case may be —
if the person is a citizen of Singapore (whether or not the person is also the national of a country other than Singapore) — the person’s Singapore passport that is valid, and any other prescribed evidence of the person’s identity and Singapore citizenship; or
if the person is a non-citizen —
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
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 —
the requirements of a passport or travel document if the person is a citizen of Singapore and in prescribed circumstances; or
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) shall not apply to such categories of persons as the Minister may prescribe.”. (3)— Insert, immediately after section 9, the following Part:“PART IIASINGAPORE VISAS FOR NON-CITIZENS Singapore visas 9A.—
Subject to the provisions of this Act, the Controller may grant a non-citizen permission, to be known as a Singapore visa, to travel to and enter Singapore. (2) Without limiting the generality of subsection (1), a Singapore visa to travel to and enter Singapore may be one to travel to and enter Singapore during a specified period. Visas essential for travel 9B.—
Subject to subsection (2), a non-citizen shall not travel to Singapore without a Singapore visa that is in effect. (2) Subsection (1) shall not apply to a non-citizen in relation to travel to Singapore if the travel is by a non-citizen who holds and produces a valid passport from a territory that is approved by the Minister. Effect of Singapore visa 9C.—
A Singapore visa that is in effect is not a pass or other permission for, and does not confer any right on, the holder to enter Singapore. (2) Subject to section 5(2) and any regulations made under section 55, the holder of a Singapore visa that is in effect shall enter Singapore at an authorised airport, authorised landing place, authorised train checkpoint or authorised point of entry.”. (4)— Insert, immediately after section 36, the following Part:“PART VAOBLIGATIONS RELATING TO IDENTIFYING INFORMATIONInterpretation of this Part 36A. In this Part, unless the context otherwise requires —“disclose”, in relation to identifying information that is a personal identifier, includes providing access to the identifying information;“identifying information” means —
any personal identifier;
any meaningful identifier derived from any personal identifier;
any record of a result of analysing any personal identifier or meaningful identifier derived from any personal identifier; and
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. Authorising disclosure of or access to identifying information 36B.—
The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons —
to access identifying information of the kind specified in the Minister’s authorisation; or
to disclose, on written request, identifying 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. (2) The Minister shall 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:
combating document and identity fraud in immigration matters;
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;
improving the efficiency and integrity of immigration processing at authorised landing places, airports, train checkpoints or points of entry;
assisting in the identification of, and authenticating the identity of, any applicant for or holder of a Singapore visa, and facilitating his entry into Singapore;
enforcement of the criminal law, including investigating or prosecuting a person for an offence against any written law;
administering or managing the storage of identifying information;
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;
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;
making decisions under this Act, or under the Passports Act 2007 or the regulations made under either Act;
any other purpose the disclosure of which is required or authorised by or under written law. (3) For the purposes of subsection (1)(b), the specified person or specified class of persons to whom identifying information may be disclosed may include a police force, a law enforcement body or a border control body of a foreign country.Accessing or disclosing identifying information 36C.—
If a person accesses identifying information, and the person —
is not authorised under section 36B to access any identifying information; or
is not authorised under section 36B to access the identifying 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. (2) If the person’s conduct causes disclosure of identifying 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.”. (5)Section 55(1) (a)Insert, immediately after paragraph (e), the following paragraphs:“(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 VA) are obtained and kept;”. (b)Delete paragraphs (gb) and (gc). (6)Section 57(1) Insert, immediately after the word “pass” wherever it appears in paragraphs (i), (j), (k) and (l), the words “, Singapore visa”.(7)Section 61A Repeal section 61A and substitute the following section: “Amendment of Schedule 61A. The Minister may, by order published in the Gazette, amend the Schedule, except that any other personal identifier so prescribed in the order must —
be an image of, or a measurement or recording of, an external part of the human body or a person’s voice; and
not be an identifier the obtaining of which would involve the taking of an intimate sample within the meaning of section 13A of the Registration of Criminals Act (Cap. 268).”. (8)The Schedule Repeal the Schedule and substitute the following Schedule:“THE SCHEDULESections 2 and 61APERSONAL IDENTIFIERS 1. Fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies). 2. A photograph or other image of a person’s face and shoulders. 3. A person’s signature.”.