Refinement to Due Diligence Checks and Provision for Housing Agents to do these Checks

Let me set out, once again, the 3 due diligence checks that landlords should perform before they rent out their premises to foreign tenants. Firstly, they should inspect the original entry permit or visit pass (which has been incorporated into the identification card for work permit holders); Secondly, they should ascertain that the holder of the passport is the person named in the pass or permit; and finally, they should verify with the employer that the tenant's particulars tallies with that in their records.

Since Aug 2000, ICA and the Ministry of Manpower (MOM) have provided an on-line verification service to facilitate the public in checking the immigration status of their foreign tenants. Clause 19 of the Bill offers this alternative in the legislation to the third due diligence check of verifying the tenant's particulars with his employer. With this amendment, the third due diligence check will be satisfied if the validity of the pass of their foreign tenants is verified either by checking with the employer, with ICA or MOM. This will make it easier for the third check to be conducted.

MHA has looked at another group of people who play a key role in the renting out of premises. They are the middlemen such as housing agents and foreign labour agents who, in return for monetary reward, assist landlords to rent out their premises to an immigration offender. Currently, only the landlord is required to exercise due diligence to check the immigration status of his foreign tenants. If caught harbouring immigration offenders, it is presumed that he is aware that his foreign tenants were immigration offenders unless he proves that he has done the 3 due diligence checks.

However, in some instances, the landlords depend on middlemen such as housing agents to secure their tenants. Not only do housing agents receive monetary benefits from these transactions, they can get away scot-free as they are currently not required to verify the immigration status of the foreign tenants they introduce. Now, this is not right. Some landlords rely on these trained professionals to ensure that their tenants have legal status in Singapore. These housing agents are thus just as (if not more) culpable than the landlords.

Clause 21 of the Bill therefore introduces a new section 57B such that anyone who assists the landlord in the renting of his premises to an immigration offender in return for any reward, is presumed to have assisted, encouraged or induced the landlord to provide shelter to the immigration offender. Such a middleman will need to also conduct the 3 due diligence checks when they help the landlords to rent out their premises to foreign tenants. Those convicted will be liable to mandatory imprisonment of 6 months to two years as well as a fine not exceeding $6,000.

These due diligence checks are not new. They are clearly spelt out in our legislation and have been widely publicised. When this proposal was first mooted, MHA consulted the Institute of Estate Agents and the Singapore Institute of Surveyors and Valuers. Representatives from these two bodies acknowledged the importance and need for housing agents to be responsible for ensuring that their foreign clients have legal status in Singapore before recommending them as prospective tenants to the landlords. They supported the proposal and indicated that they would assist in publicizing the new requirements to their members.

B. ENHANCING ENFORCEMENT EFFORTS

Sir, let me touch on a group of amendments that will enhance ICA's enforcement powers against undesirable foreigners.

Collection of Biometric Identifiers

Currently, the Act already allows ICA to collect finger impressions from any person who applies for a pass or permit, or any person suspected of having committed certain immigration offences, as defined in the Act or Regulations. The objective of collecting finger impressions is to prevent undesirable foreigners from returning to Singapore using different passports which bear different names. Instead of just fingerprints, clause 18 will amend the Act to allow ICA to collect biometric identifiers of travellers and immigrants.

The type of identifiers ICA can collect will be specified in the Regulations. Given that the field of biometrics is evolving very rapidly, this will give ICA the flexibility to add other types of biometric identifiers should the need arise in future. For a start, the Regulations will specify the collection of photographs and finger impressions.

Enhanced Penalty for Using Forged Travel Documents

Sir, last year, ICA officers arrested 586 people for using forged passports or other people's passports. In the first 6 months of 2004, 303 people were arrested for this offence. MHA is concerned with this trend. In the current security climate, we must ensure that prohibited immigrants and syndicates are taken to task for using forged travel documents to enter or transit through Singapore.

To send a strong deterrent signal, we propose to enhance the penalty for this offence which is currently a fine not exceeding $2,000 or imprisonment for a term not exceeding 6 months, or both. Clause 12 of the Bill amends Section 28 of the Act to expressly provide for the penalty of a fine of up to $6,000, or imprisonment of up to 24 months, or both, for such an offence. This increase is in line with the penalties for similar forgery or cheating offences dealt with under the Penal Code.

Conveying of Immigration Offenders out of Singapore

Currently, the Act only provides for the offence of conveying of immigration offenders into Singapore but not those who attempt to convey them out of the country. Clause 19 rectifies this lacuna and equalises the penalty for the conveyance of immigration offenders into or out of Singapore.

Seizure of Monies for Repatriation Purposes

Sir, in 2003, ICA repatriated more than 11,800 foreigners who had either entered Singapore illegally or violated the conditions set out in their immigration passes.

To enable swifter repatriation of these undesirable foreigners, clause 16 will empower the Controller to seize monies found in possession of any prohibited immigrant to cover any expenses incurred by the Government in connection with his or his dependents' detention, maintenance, medical treatment and removal from Singapore.

Requiring Vehicles to Stop for Immigration Clearance

Sometimes, drivers of vehicles with immigration offenders hidden in them fail to stop for immigration checks and speed off from the checkpoints. To strengthen our enforcement against conveyance of immigration offenders, clause 7 of the Bill introduces a new Section 18B to explicitly require all motor vehicle drivers to stop at the checkpoints for immigration checks when entering or leaving Singapore. Especially in today's security climate, it is critical all vehicles do so.

Arming Immigration Officers

Clause 14 of the Bill will empower immigration officers to be armed under the Immigration Act. However, only selected ICA officers, such as those involved in enforcement actions against immigration offenders, will be issued with firearms due to the high operational risk of their job. Let me assure the House that public safety is our top priority - the immigration officers will have to undergo proper training before they are allowed to carry firearms.

C. OTHER AMENDMENTS

Sir, at the same time, MHA will also be making other administrative and technical amendments to the Immigration Act to allow for better administration of the Act. These amendments will streamline current practices such as regularising the stay in Singapore of children born to foreign parents and of ex-Citizens; clarify existing provisions such as the imposition of conditions on entry permit holders; achieve operational efficiency such as the requirement for crew members arriving in Singapore to furnish security bonds; and streamline penalties of the Immigration Act with other legislations such as providing for the Public Prosecutor to apply before the Court confiscates a vehicle or vessel used in the commission of an offence.

CONCLUSION

Sir, in conclusion, these amendments will enable us to more effectively tackle the immigration offender problem and to facilitate immigration officers in carrying out their duties.

Mr Speaker, I beg to move.