Clause 5

by inserting, immediately after subsection (2), the following subsection:“(2A) The Controller may, before issuing a work pass under subsection (2), issue an in-principle approval of the application for the work pass subject to such conditions as the Controller may think fit to impose.”;

by inserting, immediately before the word “vary” in subsection (4)(b), the words “cancel any in-principle approval, or”; and

by inserting, immediately after subsection (4), the following subsections:“(4A) For the purposes of this section, the Controller may, in relation to a foreign employee —

impose conditions that the employer of the foreign employee shall comply with —

relating to the employment of the foreign employee; or

relating to the foreign employee, after the in-principle approval or the work pass relating to that foreign employee is cancelled or revoked or expires; and

impose conditions that the foreign employee shall comply with relating to his employment as a foreign employee.(4B) In the exercise of any power under subsection (4)(a) or (4A), the Controller shall not —

vary or revoke any existing condition of a work pass to become inconsistent with any condition prescribed by the Minister by regulations under section 29(2)(c); or

impose any new condition for a work pass that is inconsistent with any condition prescribed by the Minister by regulations under section 29(2)(c),and any condition varied, revoked or imposed by the Controller which is so inconsistent shall, to the extent of the inconsistency, be void.(4C) In determining whether a person should be debarred under subsection (4)(d) from applying for or being issued with a work pass, the Controller may have regard to such considerations as he deems appropriate, including but not limited to —

whether the person has acted, or is acting, in concert with or on the direction of a debarred person for or in connection with the employment of any foreign employee; or

whether the person, as an associate of a debarred person, is engaged in a trade or business which is substantially similar to any trade or business of the debarred person.(4D) For the purposes of subsection (4C)(b) —

a person is an associate of an individual —

if that person is the individual’s spouse, or if that person is a relative, or the spouse of a relative of the individual or his spouse;

if that person is in partnership with the individual, or the individual is the spouse or a relative of any other person with whom the first-mentioned person is in partnership;

if that person employs the individual or the individual employs that person, and for this purpose, any director or other officer of a person that is a company shall be treated as employed by that company;

a person in his capacity as trustee of a trust is an associate of an individual if the beneficiaries of the trust include, or the terms of the trust confer a power that may be exercised for the benefit of, that individual or an associate of that individual;

a company is an associate of an individual if that individual has control of it or if that individual and persons who are his associates together have control of it;

for the purposes of paragraph (a), a person is a relative of an individual if he is that individual’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant;

any reference in this subsection to a spouse shall include a former spouse;

for the purposes of paragraph (c), an individual shall be taken to have control of a company if —

the directors of the company or of another company which has control of it (or any of them) are accustomed to act in accordance with his directions or instructions; or

he is entitled to exercise, or control the exercise of, one-third or more of the voting power at any general meeting of the company or of another company which has control of it,and where 2 or more persons together satisfy sub-paragraph (i) or (ii), they shall be taken to have control of the company; and

in this subsection, “company” includes any body corporate (whether incorporated in Singapore or elsewhere), and references to directors and other officers of a company and to voting power at any general meeting of a company shall have effect with any necessary modifications.”.