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Source:
www.mha.gov.sg |
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Second Reading Speech of The
Penal Code (Amendment) Bill, by Senior Minister of State A/P Ho
Peng Kee on 22 October 2007 |
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Preamble on the background and review
process of the Penal Code |
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Mr Speaker Sir, I beg to move that the Bill
be now read a second time. |
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The Penal Code is the primary criminal
statute in Singapore with more than 500 provisions. It is a key part of
the corpus of Singapore’s laws which have served us well in keeping our
law and order situation under control all these years. |
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As a major criminal law statute, its
provisions reflect our society’s norms and values. This review is the
most comprehensive undertaken since 1984, when we amended the Penal Code
to introduce mandatory minimum punishment for several serious offences. |
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Now, we are amending the Code so that it
remains effective in a dynamic and changing environment that remains
challenging. |
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Working closely with the Attorney
General’s Chambers, Ministry of Law and other government agencies,
we updated the Code’s provisions to reflect present realities,
addressing the changing nature of crime and ensuring that there is
adequate protection for the more vulnerable members of our society
such as our young and mentally disabled. |
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Stretching over two to three years, the
process was a measured and deliberate one, taking into account, where
applicable, legislative changes in other jurisdictions. In amending some
provisions, we also took into account comments made by the Judges in
their judgements. |
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Consultation process |
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The amendments now before the House have
been refined through a robust process of public consultation, with
inputs from members of the public, professional organizations as well as
stakeholders of our criminal justice system. |
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During the consultation period, we received
about 300 responses through multiple points of engagement, such as the
REACH e-portal, letters and articles to the media, email messages and as
well as input at three focus group discussions with people from
different walks of life. And thereafter, continued to receive more
feedback. |
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In addition, institutions such as the Law
Society, the Subordinate Courts and Singapore Academy of Law gave
valuable input. It is heartening that Singaporeans took an active
interest in this review. I say “thank you” to them for contributing time
and effort to make this consultation exercise a very meaningful one. |
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We carefully considered every feedback
received, holding discussions with the relevant agencies to explore the
ideas, suggestions and views that surfaced. |
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Indeed, as rightly pointed out by some
contributors, this is a valuable process which has helped to further
refine and improve the proposed amendments. |
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About 30 provisions were further amended as
a result of suggestions received. In all, this review will see 77
provisions expanded, updated or clarified, 4 provisions repealed, and 21
new offences enacted to address identified gaps in the law, strengthen
enforcement capability and to accord better protection to vulnerable
persons. |
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In addition, we have undertaken a
comprehensive and holistic review of all the penalties set out in the
Code. |
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Let me now cover the key features of the
Bill. |
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Key Features |
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Penal Code will be Updated to Reflect
Current Realities and Crime Trends |
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Keeping pace with technology |
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There has been a wave of technological
advancements since the Penal Code was last substantially amended in
1984. Increased use of the Internet, mobile phone and credit card has
changed our lives dramatically. |
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Unfortunately, there is a darker side to
this phenomenon as law-breakers, criminals and terrorists also leverage
on these tools to further their objectives. It is therefore critical for
us to update the Penal Code to ensure that the scope of its provisions
take into account these developments. |
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With Singapore’s reputation as a financial
hub and the increased use of electronic payment, including credit cards,
it is vital that we take firm measures to tackle credit card fraud. |
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We will therefore amend section 30 to put
beyond doubt that the term “valuable security” is deemed to include
credit cards, charge cards, stored value cards, automated teller machine
(ATM) cards, and such other cards which have money or money’s worth, or
other financial rights attached. |
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Following feedback from the Subordinate
Courts and the Singapore Academy of Law, MHA has decided to remove the
term “privileges” from the new definition of “valuable security”, so as
to exclude reward cards and discount cards as this would unnecessarily
widen the scope of the offence. |
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In addition, a new section 31A defining
“die” and “instrument” will be introduced to deal more effectively with
card-based fraud. New sections 473A, 473B and 473C which relate to the
making or possessing of equipment to make a false instrument have also
been introduced to deal more holistically with credit card fraud. |
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In addition, these amendments recognize the
fact that with the pervasive use of IT and the Internet, the world no
longer operates solely in a “brick and mortar” and “paper” environment.
Many of our messages are transmitted through the electronic medium, such
as through emails, SMS messages and, for some, blogging. |
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It is therefore the right thing to do to
enhance the coverage of relevant Penal Code provisions to cover the
various electronic means and media which can be used to perpetrate
crime. |
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Hence, 18 provisions[1] will be
amended to reflect this development, by adding the term “electronic
record” or expanding the definition of “document”. |
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In particular, the sale of any obscene
object by a person through the Internet, the making of statements on a
person’s blog with the deliberate intention of wounding the religious or
racial feelings of any person, or the sending of an SMS message that
contains an incitement to violence or that counsels disobedience to the
law would be criminalised under amended sections 292 (Sale of obscene
books etc.), 298 (Uttering words, etc., with deliberate intent to wound
the religious or racial feelings of any person) and section 151A, now
renumbered section 267C respectively. |
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Let me assure Members, however, that Police
has no intention to monitor what takes place online such as the
Internet. Neither should netizens, bloggers and the many of us who
regularly send SMS messages worry that these provisions will inhibit our
use of these communication channels. |
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Law-abiding users should have no fear.
Indeed, the underlying offences remain unchanged in substance although
the means of transmission have now widened. |
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In addition, to enable us to better deal
with white collar crimes involving electronic or digital records and
documents, we will update the relevant provisions to incorporate acts
committed via the Internet and digital forms of document. |
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This way, Police can more effectively deal
with forgery offences involving, for example, the falsification of
electronic records and documents, fabrication of email messages and use
of forged electronic certificates. As of now, these pose challenges to
the Police in terms of establishing an offence under the Penal Code. |
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More..... |
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Source:
www.mha.gov.sg News 22 Oct 2007 |
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Related Article: |
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Summary of key amendments to the Penal Code |
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