Clause 19

by inserting, immediately after the words “conveying to” in subsection (1)(c), the words “or out of”;

by deleting paragraph (d) of subsection (1) and substituting the following paragraph:“(d)harbours a person —

whom the defendant knows has acted in contravention of the provisions of this Act or the regulations;

with reckless disregard as to whether he has acted in contravention of the provisions of this Act or the regulations; or

negligently failing to ascertain as to whether he has acted in contravention of the provisions of this Act or the regulations;”;

by inserting, at the end of subsection (1)(k), the word “or”;

by deleting the word “; or” at the end of subsection (1)(l) and substituting a comma;

by deleting paragraph (m) of subsection (1);

by deleting the word “canning” in the last line of subsection (1)(ia)(A) and substituting the word “caning”;

by deleting “, (d)” in subsection (1)(ii);

by deleting paragraphs (iv) and (v) of subsection (1) and substituting the following paragraphs:“(iv)in the case of an offence under paragraph (d)(i) or (ii), shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000;

in the case of an offence under paragraph (d)(iii), shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both; and

in the case of an offence under paragraph (f), (g), (h), (i), (j), (k) or (l), shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both.”;

by deleting subsection (7) and substituting the following subsections:“(7) Where, in any proceedings for an offence under subsection (1)(d)(ii) or (iii), it is proved that the defendant has given shelter to an immigration offender, it shall be presumed, until the contrary is proved, that the defendant has harboured him with reckless disregard as to whether he is an immigration offender or negligently failing to ascertain as to whether he is an immigration offender, as the case may be.(7A) In any proceedings for an offence under subsection (1)(d)(ii) or (iii), it shall not be a defence for the defendant to prove that the immigration offender harboured was in possession of a permit or pass issued to the immigration offender under this Act or the regulations unless the defendant further proves that he has exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations.(7B) Where a defendant who is charged with an offence under subsection (1)(d)(ii) has rebutted the presumption that the defendant has harboured an immigration offender with reckless disregard as to whether he is such a person under subsection (7), the defendant shall be liable to be charged with an offence under subsection (1)(d)(iii).(7C) For the purpose of subsection (7A) —

a defendant who is charged with an offence under subsection (1)(d)(ii) shall not be deemed to have exercised due diligence unless the defendant has carried out any 2 of the acts specified in subsection (7D); and

a defendant who is charged with an offence under subsection (1)(d)(iii) shall not be deemed to have exercised due diligence unless the defendant has carried out all the acts specified in subsection (7D).(7D) The acts referred to in subsection (7C), to be carried out by the defendant in relation to the immigration offender harboured, are —

inspecting the permit or pass issued to the immigration offender under this Act or the regulations;

checking the permit or pass to ascertain that the particulars on the passport of the immigration offender materially correspond with the particulars set out in the permit or pass;

checking with —

the Controller of Immigration or the Controller of Work Permits, as the case may be, that the permit or pass was valid at the material time; or

the employer to verify that the immigration offender is employed by the employer and that the particulars of the immigration offender correspond with the records of the employer, where the name of the employer of the immigration offender is specified in the permit or pass.”;

by deleting the words “(d) or” in subsection (9);

by deleting the words “harboured or” in subsection (9);

by deleting subsection (10) and substituting the following subsection:“(10) For the purpose of subsection (9), a defendant who is charged with an offence under subsection (1)(e) shall not be deemed to have exercise due diligence unless the defendant —

has inspected the permit or pass issued to the person employed by him;

has checked the permit or pass to ascertain that the particulars on the passport of the person employed by him materially correspond with the particulars set out in the permit or pass; and

where the person employed by him is a holder of a visit pass, has reasonable grounds for believing that the person had, at the material time, in force a work permit issued under the Employment of Foreign Workers Act (Cap. 91A) or had obtained the written consent of the Controller.”;

by deleting the words “section 57A” in subsection (13) and substituting the words “sections 57A and 57B”; and

by inserting, immediately after subsection (13), the following subsection:“(14) A reference to a permit or pass in subsections (7D) and (10) in relation to a person shall be read as a reference to the original copy of the permit or pass issued to that person under this Act or the regulations.”.