Immigration (Amendment) Bill

by deleting the words “$2,000” and “6 months” in sub-paragraph (iv) of subsection (1) and substituting the words “$4,000” and “one year”, respectively;

by deleting subsection (1A) and substituting the following subsection:“(1A) Where, in the case of any offence under subsection (1)(e), it is proved to the satisfaction of the court that the defendant has at the same time employed more than 5 immigration offenders, the defendant shall be punished, subject to section 231 of the Criminal Procedure Code [Cap. 68], with caning in addition to the punishment prescribed for that offence.”;

by inserting, immediately after subsection (2), the following subsection:“(2A) Where a body corporate is guilty of an offence under this Act for which a period of mandatory imprisonment or mandatory caning is prescribed, the body corporate shall, in lieu of imprisonment or caning, be liable on conviction to a fine of not less than $50,000 and not more than $100,000.”;

by deleting subsection (8) and substituting the following subsection:“(8) Where an immigration offender is found at any premises or place, other than premises used solely for residential purposes, the occupier of the premises or place shall be presumed, until the contrary is proved, to have employed him knowing that he is an immigration offender.”; and

by inserting, immediately after subsection (10), the following subsection:“(11) In this section and section 57B, “immigration offender” means a person who has acted in contravention of section 6(1), 15 or 36 or the regulations.”.

No occupier of a work place who has control of access to the work place shall permit any immigration offender to enter or remain at the work place.(2) Where an immigration offender is found at a work place, it shall be presumed, until the contrary is proved, that the occupier of the work place —

had control of access to the work place;

had permitted the immigration offender to enter or remain at the work place; and

had knowledge that he is an immigration offender.(3) The presumptions provided for in subsection (2)(b) and (c) shall not be rebutted unless the defendant proves that he had exercised due diligence to prevent the immigration offender from entering or remaining at the work place.(4) For the purposes of subsection (3), a defendant shall not be presumed to have exercised due diligence unless he had taken all reasonable measures to prevent any immigration offender from entering or remaining at the work place, including all the measures prescribed under subsection (5) in respect of the work place.(5) For the purposes of subsection (4), the Minister may, by notification in the Gazette, prescribe the measures that are required to be taken by the occupier of the work place.(6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $15,000 and not more than $30,000 or to imprisonment for a term not exceeding one year or to both for each immigration offender found at the work place, and in the case of a second or subsequent conviction, to a fine of not less than $30,000 and not more than $60,000 or to imprisonment for a term not exceeding 2 years or to both for each immigration offender found at the work place.(7) In this section —“construction works” has the same meaning as in the Construction and Industry Development Board Act [Cap. 51] and includes such other works or activities as the Minister may, by notification in the Gazette, specify to be construction works;“occupier”, in relation to a work place, means the principal contractor who undertakes any construction works at the work place and includes such other person as the Minister may, by notification in the Gazette, specify to be the occupier of the work place;“principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property or his agent for the purpose of carrying out any construction works on the property;“work place” means any place or premises where any construction works are being carried out and includes —

all the land within the vicinity of the work place which are owned by the person for whom the construction works are being carried out and to which the principal contractor has control of access;

any canteen, sleeping quarters, office and other structures or buildings erected on the work place; and

such other place or premises as the Minister may, by notification in the Gazette, specify to be a work place.”.