Singapore legislation

Clause 9

of Immigration (Amendment) Bill

Clause 9

New section 9AA

In the principal Act, after section 9, insert —“No‑boarding directive9AA.—

(1)

Subject to subsections (2) and (3), the Controller may issue a directive (called in this section no‑boarding directive) that a person (called in this section the subject person) who intends to board (whether as a passenger or a member of the crew, and whether for the purpose of entering or transiting through Singapore) an in‑bound conveyance must not board the in‑bound conveyance if —

(a)

the subject person is a prohibited immigrant;

(b)

an order is made under section 9(1)(a)(i) prohibiting the subject person (or any class of persons to which the subject person belongs) from arriving in, or entering or re‑entering, Singapore;

(c)

an order is made under section 9(1)(a)(ii) limiting the number of persons of any class who may arrive in, or enter or re‑enter, Singapore and the subject person belongs to that class; or

(d)

the Controller is satisfied that —

(i)

the subject person poses, or is likely to pose, a risk to the safety or health of persons in Singapore, or of persons in the in‑bound conveyance;

(ii)

the presence of the subject person in Singapore would be undesirable; or

(iii)

the subject person would not be issued a permit or pass to enter Singapore.(2) The Controller must not issue a no‑boarding directive —

(a)

against a citizen of Singapore;

(b)

on the ground mentioned in subsection (1)(d)(ii) against a person who holds a valid permit or pass issued to that person under this Act or the regulations; or

(c)

on the ground mentioned in subsection (1)(d)(iii) against a person who intends to board an in‑bound conveyance for the purpose of transiting through Singapore.(3) The Controller may issue a no‑boarding directive on the ground mentioned in subsection (1)(b) or (c) against a person who intends to board an in‑bound conveyance for the purpose of transiting through Singapore only if the order mentioned in that provision prohibits or limits arrival in Singapore.(4) If the Controller issues a no‑boarding directive against the subject person, the Controller may give notice of the no‑boarding directive to any one or more of the following persons:

(a)

the master of the in‑bound conveyance;

(b)

the operator of the in‑bound conveyance;

(c)

the owner of the in‑bound conveyance;

(d)

the agent of the in‑bound conveyance;

(e)

the charterer of the in‑bound conveyance.(5) The Controller may designate an electronic service for the giving of notices under subsection (4) in respect of all or any class of in‑bound conveyances.(6) The Controller is not required to serve the no‑boarding directive on the subject person, or otherwise inform the subject person of the issue of the no‑boarding directive.(7) If the in‑bound conveyance arrives in Singapore with the subject person on board —

(a)

every person who is given notice of the no‑boarding directive under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000; and

(b)

any related individual for the in‑bound conveyance who, despite knowing that a no‑boarding directive has been issued against the subject person, enables (whether by act or omission) the subject person to board the in‑bound conveyance shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.(8) The offence under subsection (7)(a) is a strict liability offence.(9) In this section —“in‑bound conveyance” means a vessel, an aircraft, a train or a bus (excluding an omnibus) that is bound for Singapore (whether or not as a final destination);“related individual”, for an in‑bound conveyance, means —

(a)

the master of the conveyance; or

(b)

an officer or employee of the operator, owner, agent or charterer of the in‑bound conveyance.”.