Foreign Employee Dormitories Bill

provide boarders or lodgers with a principal place of residence;

may have shared facilities (such as a communal living room, bathroom, laundry or kitchen) or services that are provided to boarders or lodgers, or both; and

have rooms (some or all of which may have private kitchen or bathroom facilities) that accommodate one or more boarders or lodgers;

the Commissioner;

any Deputy Commissioner for Foreign Employee Dormitories and any Assistant Commissioner for Foreign Employee Dormitories; and

any individual appointed under section 6(3) and authorised under section 6(5) or other provision in this Act to perform any duty or exercise any power under that provision;

who seeks employment, or is employed to work, in Singapore but excludes a self‑employed foreigner; or

whose employment in Singapore has expired or has been terminated (whether or not for justified reasons) and is authorised under the Immigration Act (Cap. 133) to remain in Singapore;

to which a proprietor or an operator of the boarding premises (or a person acting on behalf of the operator) is a party; and

under which a foreign employee is provided one or more beds or rooms, or spaces within a room, in the boarding premises to occupy as a resident of those premises;

another individual who is the spouse of the individual;

another individual who is the parent, step‑parent, son, daughter, step‑son, step‑daughter, grandparent, grandchild, brother, sister, step‑brother, step‑sister, uncle, aunt, niece or nephew (whether by blood, marriage or adoption) of the individual;

another individual who is the guardian or ward of the individual;

provides the threshold number of beds or higher for use by residents who are foreign employees;

provides accommodation to the threshold number of residents who are foreign employees or higher; or

has the prescribed occupancy load and provides accommodation substantially to foreign employees.

premises that are used as a hotel, an inn, a hostel or a bed and breakfast accommodation;

a serviced apartment, being a building or part of a building that is used to provide self‑contained tourist or visitor accommodation that is regularly cleaned by or on behalf of the proprietor or manager;

premises for the reception, lodging and care of aged or disabled persons, or persons suffering or convalescing from any sickness, injury or infirmity, including but not limited to a convalescent home or nursing home but excluding a sick bay or similar facility within any boarding premises;

a student hostel or hall of residence for the accommodation of students;

a house;

a self‑contained residence that is a flat or an apartment (consisting of a suite of rooms) forming a portion of a building;

any prison where an individual is incarcerated to serve a sentence of imprisonment, any other place where a prisoner may serve his or her sentence of imprisonment outside of a prison, or premises for the purposes of detaining individuals serving orders of detention under any written law, whether or not for their rehabilitation or safety;

any vessel used as boarding premises for employees in connection with their work or employment on or relating to the vessel;

premises used for crisis accommodation that is provided by or on behalf of the Government or a public authority; and

any boarding premises specified or described by the Minister, by order published in the Gazette, as not to be treated as foreign employee dormitories.

a public officer;

an employee of any public authority;

any individual who is not a public officer or an employee referred to in paragraph (a) or (b).

to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years or to both; and

in the case of a second or subsequent conviction, to a fine not exceeding $1 million or to imprisonment for a term not exceeding 4 years or to both.

the name and the residential or business address of each proprietor of the premises;

the name (if any) and the address of the premises;

the number of residents or prospective residents of the foreign employee dormitory who are foreign employees;

the total number of beds provided as sleeping accommodation for those residents or prospective residents;

whether the written permission or authorisation required by the Planning Act (Cap. 232) for the development of the premises has been granted or deemed granted;

the identity of and other particulars about the individual who is to be the manager of the foreign employee dormitory;

the prescribed particulars and information; and

such other particulars and information the Commissioner may require in any particular case.

at any reasonable time;

after declaring his or her office and after producing his or her identification card on demand being made; and

with such assistants as may reasonably be required,enter those premises and exercise any powers referred to in subsection (5).

to inspect the premises and any equipment, vehicle or other thing at the premises;

to photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;

to inspect and make copies of, or take extracts from (without fee or reward) any document kept at the premises;

to take any document or any other thing at the premises; and

to ask any individual at the premises —

to answer a question to the best of that person’s knowledge, information and belief; or

to take reasonable steps to provide information or produce a document.

a dormitory inspector exercising functions under that subsection may be accompanied by —

one or more police officers; or

one or more medical practitioners who may inspect the premises and observe, examine and speak with any person apparently residing at the premises; and

a dormitory inspector, in exercising his or her power under subsection (5)(a), may also open any ground and remove any flooring and take such measures as may be necessary to ascertain the character and condition of the premises and of any pipe, sewer, drain, wire or fitting.

on payment of a licence fee (if prescribed), grant the licence; or

refuse to grant the licence.

whether the applicant is a suitable person to be involved in the management or operation of a foreign employee dormitory, and where necessary, whether the members of the board of directors or committee or board of trustees or other governing body of an applicant which is a body corporate, are also similarly suitable;

whether the applicant does not have (or is unlikely to have) the financial capacity to operate the boarding premises as a foreign employee dormitory;

whether the boarding premises are fit to be used as a foreign employee dormitory for reasons connected with the site, construction, accommodation, staffing or equipment, and with building safety, fire safety and public health and sanitation requirements prescribed by or under this Act or any other written law;

whether the applicant, any associate of the applicant, or where the applicant is a body corporate, any member of the board of directors or committee or board of trustees or other governing body of the body corporate —

is disqualified by section 16 or the regulations under section 34 from holding a licence; or

has been convicted of an offence under this Act;

whether it is otherwise contrary to the public interest for the licence to be granted to the applicant.

grant a renewal of the licence on payment of a renewal fee or late renewal fee (if prescribed) with or without adding to, deleting from or varying conditions of the licence; or

refuse to renew the licence.

a licence does not cease only by reason that the boarding premises to which it relates stops being a foreign employee dormitory; and

section 12 does not apply to or in relation to granting a renewal of a licence with additional, deleted or varied conditions of the licence.

to meet all the following standards prescribed, or specified in the licence in so far as they are not prescribed:

standards for facilities and services provided to residents including, but not limited to, standards for the maintenance, cleanliness, water supply, sanitation and hygiene of those premises and standards concerning the physical and mental welfare, social activities, personal protection and meals of foreign employees who are resident;

standards for accommodation provided to residents including, but not limited to, standards concerning bedrooms, bathrooms and other rooms or spaces within rooms that are occupied or used by residents;

standards to prevent overcrowding;

to prepare to deal with any public emergency;

to furnish to the Commissioner financial information including accounts in respect of such period and on such basis as may be specified;

to furnish persons specified in the licence or the Commissioner, in such manner and at such times as may be similarly specified, with such information as appears to the Commissioner to be requisite or expedient for the purpose of facilitating the exercise by those persons or the Commissioner of the functions or duties assigned to them or as may be reasonably required for that purpose; and

to provide or further provide a performance bond, guarantee or other form of security on such terms and conditions as the Commissioner may determine, of such amount as the Commissioner considers appropriate.

stating that the Commissioner proposes to make the modification in the manner as specified in the notice; and

specifying the time (being not less than 14 days from the date of service of notice on the licensed operator) within which the licensed operator may make written representations to the Commissioner with respect to the proposed modification.

reject the representation;

amend the proposed modification in such manner as the Commissioner thinks fit having regard to the representation; or

withdraw the proposed modification and reinstate the licence condition without modification.

the Commissioner rejects any written representation under subsection (3)(a);

the Commissioner amends any proposed modification to the conditions of the licence under subsection (3)(b); or

no written representation is received by the Commissioner within the time specified in subsection (2)(b), or any written representation made under that subsection is subsequently withdrawn, and the licensed operator has not given immediate effect to the modification,the Commissioner is to issue a direction in writing to the licensed operator in question requiring the licensed operator, within the time specified by the Commissioner, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Commissioner under subsection (3), as the case may be.

confirm his or her decision; or

delete or vary the modified licence condition, or reinstate the licence condition without modification, with effect from such date specified, without compensating the licensed operator concerned,and there is to be no further review.

considers that the duties imposed by or under this Act in connection with the management of the business of operating boarding premises as a foreign employee dormitory, or the operations of a foreign employee dormitory, are being carried out in a careless or incompetent manner;

is satisfied that a licensed operator has contravened or failed to comply with any condition of the licensed operator’s licence, or any code of practice or standard of performance applicable to the licensed operator, and that the contravention or non‑compliance may be rectified; or

has reasonable grounds to believe —

that there is a serious and imminent threat or risk to the safety and health of the residents of any boarding premises specified in a licence; or

that the occurrence within or outside Singapore of any civil unrest, hostilities, war, election or other event (whether or not of a similar kind) may occasion disorder within any boarding premises specified in a licence, or cause feelings of ill‑will or hostility between, by or with such residents,and that a compliance directive is appropriate or requisite to avoid any actual or imminent occurrence that endangers the safety or health of those residents, to prevent disorder or preserve the safety of those residents, or to avoid serious disruptions to the community in the vicinity of any boarding premises specified in a licence, as the case may be.

a licensed operator in respect of any boarding premises specified in its licence;

the proprietor of the boarding premises operated as a foreign employee dormitory by a licensed operator where the Commissioner receives a statutory declaration from the licensed operator under subsection (7) and is satisfied that compliance by the licensed operator with the compliance directive requires the permission or other co‑operation of that proprietor.

may require the licensed operator or proprietor concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the directive or are of a description as specified therein;

is to take effect at such time, being the earliest practicable time, as is determined by or under that directive; and

may be revoked at any time by the Commissioner.

may include the measures to be taken to remedy any contravention or non‑compliance to which the directive relates or to otherwise comply with the directive;

may offer the licensed operator or proprietor to whom it is given a choice of ways in which to remedy the contravention or non‑compliance or to comply with the directive;

may order the licensed operator or proprietor to stop the boarding premises being used as a foreign employee dormitory for a period not exceeding 3 months in order to deal with a serious and imminent threat or risk to the safety and health of the residents of those boarding premises; and

where the circumstances in subsection (1)(c) apply, may order the licensed operator to check or control the movement of residents in those boarding premises, including restricting entry to and exit from those premises.

the licensed operator of a foreign employee dormitory who, without reasonable excuse, contravenes or fails to comply with a requirement imposed by a compliance directive given to the licensed operator (whether or not the same directive is also given to a proprietor); or

the proprietor of a foreign employee dormitory who, without reasonable excuse, contravenes or fails to comply with a requirement imposed by a compliance directive given to the proprietor (whether or not the same directive is also given to a licensed operator),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for each day or part thereof the offence continues after conviction.

a statement that by reason of any arrangements (by contract or otherwise) with the proprietor of the boarding premises operated as a foreign employee dormitory, the licensed operator is not entitled to do, or to refrain from doing, such things as are specified or described in the compliance directive, and describing those arrangements; and

the name and address of the proprietor.

a licensed operator is contravening or not complying with, or has contravened or failed to comply with —

any of the conditions of the licence or any code of practice or standard of performance applicable to the licensed operator; or

any provision of this Act applicable to the licensed operator,whether or not the licensed operator has been convicted of an offence for the contravention or non‑compliance;

the continued use of the boarding premises as a foreign employee dormitory under the licence would constitute an unacceptable risk to the safety, welfare or well‑being of residents at those premises;

the licensed operator has not complied with any compliance directive or business restriction directive, whether or not the licensed operator has been convicted of an offence under section 13(6) or 15(3), as the case may be;

the licensed operator has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

the licensed operator has made any assignment to, or composition with, any creditors of the licensed operator; or

the public interest or security of Singapore requires,the Commissioner may take regulatory action described in subsection (2).

revoke (without any compensation) a licensed operator’s licence, with or without forfeiting any performance bond, guarantee or other form of security furnished under paragraph (b)(iv) or section 11(2)(e); or

in lieu of revoking the licence, any one or more (without compensation) of the following:

issue a letter of censure to the licensed operator;

modify the conditions of the licensed operator’s licence;

give a business restriction directive to the licensed operator;

require the licensed operator to furnish a performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security;

forfeit the whole or part of any performance bond, guarantee or other form of security furnished under sub‑paragraph (iv) or section 11(2)(e);

suspend (for not more than 6 months) the licensed operator’s licence.

stating that the Commissioner intends to take regulatory action against the licensed operator under this section;

specifying the type of action the Commissioner proposes to take, and each instance of non‑compliance that is the subject of the action; and

specifying the time (being not less than 14 days after the date of service of notice on the licensed operator) within which written representations may be made to the Commissioner with respect to the proposed action.

after considering any written representation made in accordance with subsection (3); or

after the time delimited under subsection (3)(c) lapses if no representation is so made,decide to take such regulatory action in subsection (2) as the Commissioner considers appropriate.

not to enter into an occupancy agreement for the purpose of any foreign employee becoming a new resident of the boarding premises specified in the licensed operator’s licence;

not to enter into, or renew or extend, an occupancy agreement that enables a foreign employee to continue as a resident of the boarding premises specified in the licensed operator’s licence;

not to enter into, or renew or extend, an occupancy agreement referred to in paragraph (a) or (b) except in accordance with such terms as the Commissioner may specify;

not to accept anyone as a new resident of the boarding premises specified in the licensed operator’s licence;

not to allow anyone to continue as a resident of the boarding premises specified in the licensed operator’s licence if the occupancy agreement for that individual expires or lapses;

to inform the proprietor of the boarding premises specified in the licensed operator’s licence of any directions in paragraph (a), (b), (c), (d) or (e) to the licensed operator, where the licensed operator is not also the proprietor.

from holding a licence for the same premises or such other premises, as the Commissioner is to specify in the order; and

from being a manager of those premises as a foreign employee dormitory or any foreign employee dormitory.

issue one or more codes of practice or standards of performance applicable to licensed operators;

approve as a code of practice or standard of performance applicable to licensed operators any document prepared by a person other than the Commissioner if the Commissioner considers the document as suitable for this purpose; or

amend or revoke any code of practice or standard of performance issued under paragraph (a) or approved under paragraph (b),with respect to all or any of the following:

the management and operations of boarding premises as a foreign employee dormitory;

the provision of services and facilities in boarding premises operated as a foreign employee dormitory;

the quality of aspects of such services and facilities.

is to have effect subject to the provisions of this Act; and

having regard to the provisions of this Act, is not to have effect.

publish a notice of the issue, approval, amendment or revocation, as the case may be, of the code of practice or standard of performance in such manner as will secure adequate publicity for such issue, approval, amendment or revocation;

specify in the notice referred to in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

ensure that, so long as the code of practice or standard of performance remains in force, copies of that code or standard, and of all amendments to that code or standard, are available for inspection by any licensed operator of a foreign employee dormitory and any foreign employee.

wholly and permanently cease operating the boarding premises in its licence; or

for any reason surrender the licensed operator’s licence.

the date on which operations of the boarding premises are to wholly and permanently cease;

the date on which the licensed operator intends the surrender of the licence to take effect.

particulars of any enforcement or regulatory action taken in respect of the foreign employee dormitory, its proprietor or licensed operator or any of its staff; and

any other particulars or information that the Commissioner considers appropriate or that may be prescribed.

reject the appeal and confirm the Commissioner’s decision; or

allow the appeal and substitute or vary the Commissioner’s decision.

to enter and inspect, without warrant, the premises, and to inspect any equipment, vehicle or other thing at the premises;

to photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises and of any individual apparently residing at the premises;

to enter and search, in the day or night, the premises, if the police officer or dormitory inspector has reasonable cause to believe that evidence of the commission of an offence under this Act can be found at those premises;

to detain any individual found within those premises until the search of the premises is complete;

to inspect and make copies of, or take extracts from (without fee or reward) any document kept at the premises;

to take any document or any other thing at the premises if the police officer or dormitory inspector considers it necessary to do so for the purpose of obtaining evidence of an offence under this Act, including asking any individual who is able to operate any equipment at the premises to do so for the purpose of enabling the police officer or dormitory inspector to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant;

to require any person whom the police officer or dormitory inspector has reason to believe to be in possession of any document (including travel documents or documents of identity) or information relevant to the purposes of this Act to take reasonable steps to produce the document or provide the information;

to require any person whom the police officer or dormitory inspector has reason to believe to be acquainted with any facts or circumstances relevant to the carrying out of the provisions of this Act —

to answer any question to the best of that person’s knowledge, information and belief, immediately or at such place and time specified in writing; or

to take reasonable steps to provide information or produce a document, immediately or at such place and time specified in writing;

to require the manager of the premises to produce all or any of the residents of those premises or the occupancy agreements for the residents of those premises.

to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information;

if the document or information is not furnished, to require that person to state, to the best of his or her knowledge and belief, where it is; and

if the information is recorded otherwise than in legible form, to require the information to be made available to the police officer or dormitory inspector in legible form.

after declaring his or her office and after producing his or her identification card on demand being made; and

with such force as is necessary to obtain entry,break open any door or window leading to the premises, or remove by force any obstruction to such entry or search.

a dormitory inspector exercising any function under this section may be accompanied by one or more medical practitioners and any such medical practitioners may inspect the premises and observe, examine and speak with any person apparently residing at the premises; and

a dormitory inspector, in exercising his or her power under subsection (1)(a) or (c), may also open any ground and remove any flooring and take such measures as may be necessary to ascertain the character and condition of the premises and of any pipe, sewer, drain, wire or fitting.

be reduced to writing;

be read over to the person;

if he or she does not understand English, be interpreted for the person in a language that he or she understands; and

after correction, if necessary, be signed by that person.

ensuring that the provisions of this Act and the regulations made under section 34 with respect to boarding premises operated as foreign employee dormitories, a code of practice or standard of performance, and any conditions imposed on a licence or any other consent, approval or authorisation under this Act with respect to boarding premises operated as foreign employee dormitories, are being complied with; or

investigating any offence under this Act or any contravention of or non‑compliance with a provision of this Act or a code of practice or standard of performance.

a person furnishes a document, or makes a statement (whether orally, in writing or any other way) or gives information, to the Commissioner or a dormitory inspector;

the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information, as the case may be, is misleading;

the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph (b); and

the document is furnished in, or the statement is made or the information is given in, or in connection with —

an application (whether for that person or for another) for a licence or renewal of a licence;

a representation requested under section 13 or 14; or

a question or request of a dormitory inspector under section 24(1) or (2),the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

to have been committed with the consent or connivance of an officer of the body corporate; or

to be attributable to any neglect on the officer’s part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

to have been committed with the consent or connivance of a partner; or

to be attributable to any neglect on the partner’s part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or

to be attributable to any neglect on the part of such an officer or a member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of the committee and includes any person purporting to act in any such capacity;

one half of the amount of the maximum fine that is prescribed for the offence;

$5,000.

by giving it to the individual personally;

by sending it by pre‑paid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;

by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;

by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or

by sending it by email to the last email address of the individual.

by giving it to any partner, secretary or other like officer of the partnership;

by leaving it at, or by sending it by pre‑paid registered post to, the partnership’s business address;

by sending it by fax to the fax number used at the partnership’s business address; or

by sending it by email to the partnership’s last email address.

by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

by leaving it at, or by sending it by pre‑paid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association;

by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or

by sending it by email to the last email address of the body corporate or unincorporated association.

if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;

if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is addressed; and

if the document is sent by pre‑paid registered post, 2 days after the day the document was posted (even if it is returned undelivered).

in the case of an individual, the individual’s usual or last known place of business in Singapore; or

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;