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21/07/2008
Mandatory Caning Of Foreign Workers Who Overstay In Singapore
Listen to this article
I have only recently become aware of this practice, and because of the 'online caning' (pardon the pun) that I've been receiving in various forums lately for questioning the consistency of some crimes and their associated sentences, I will make no comment on this one. I will just clearly state the facts and let my readers form their own opinions.
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WRITTEN ANSWERS TO QUESTIONS FOR ORAL ANSWER
NOT ANSWERED BY 3.00 PM
MONDAY, 26 MAY 2008
ELEVENTH PARLIAMENT OF SINGAPORE
(FIRST SESSION)
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MANDATORY CANING OF FOREIGN WORKERS WHO OVERSTAY
(Review of Law)
Q22. Mr Gautam Banerjee: To ask the Deputy Prime Minister and Minister for Home Affairs whether the Ministry has plans to review the law on mandatory caning of foreign workers who overstay as a result of rogue labour agents.
Q23. Mr Gautam Banerjee: To ask the Deputy Prime Minister and Minister for Home Affairs (a) in the last 12 months, how many foreign workers were caned for overstaying; and (b) whether caning of foreign workers, particularly if they are innocent victims of unscrupulous labour agents, will affect Singapore's relationship with the countries from which these workers come from.
A. Mr Wong Kan Seng:
Mandatory caning of at least three strokes for foreigners who overstay 90 days or more was introduced in 1989 to curb the immigration offender problem. Our experience prior to 1989 had shown that a mandatory imprisonment term of at least 6 months alone was not sufficiently deterrent. With the introduction of mandatory caning, the mandatory minimum imprisonment term was reduced from six to three months. In 1995, the law was again amended to remove the requirement of imposing a sentence of at least 3 months.
Mandatory caning remains a necessary deterrent in today’s context. Long term overstayers who stay here illegally pose social problems. In addition, not being able to work legitimately in Singapore, they may turn to crime. It is therefore necessary for our immigration laws to remain stringent to deter would-be immigration offenders.
The mandatory caning provision applies only to overstayers who have overstayed for more than 90 days, in other words, these are deliberate law-breakers. Foreign workers who are victims of scams, whilst deserving of support, should not overstay in Singapore or work illegally. Being cheated is not a valid reason for anyone, foreigners included, to break our laws. Instead, they should report their plight to the authorities immediately. In this way, they can work with Police to apprehend labour agents in Singapore who are involved in such scams.
This is one reason why MOM has stepped up its outreach efforts to educate employers and workers on our employment and immigration regulations. For example, it has published a guidebook in various languages which highlights the penalty of mandatory caning for overstaying. This is given to workers at the Work Permit Services Centre when they collect their work permits. In addition, MOM conducts regular dormitory road-shows to reach out to foreign workers.
For these reasons, we do not think it is necessary to review the law on mandatory caning for overstayers at this point in time.
We do not track the number of foreign workers allegedly cheated by rogue agents who were subsequently caned for overstaying. In any case, we do not think that the caning of foreign workers will affect our relationship with the countries from which they come.
All persons, whether local or foreign, are subject to our laws and will be punished accordingly if they do not abide by them. This approach likewise applies to Singaporeans who commit offences in other countries. I believe countries whose nationals come to Singapore to work understand this principle. Our relations with them are good. For foreigners who are detained for overstaying, the authorities will facilitate consular assistance if they wish to speak to their consular representatives.
Office of the Clerk of Parliament
Singapore, 26 May 2008
Embedded in the original article from Aussie Pete, is a staged video reconstruction of a judicial caning in a Singapore prison. From the Singapore Government anti-crime film "Prison Me No Way" - my ignorance had me believing that caning was across the back, not across the butt!! Still gave me chills to watch though.
03:24 Posted by Peter Breitkreutz in East and South-East Asia | Permalink | Comments (8) | Trackbacks (0) | Email this | Tags: singapore parliament caning mandatory overstay foreign worker
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Comments
We are talking about caning for a non-violent crime here. It is absolutely cruel to impose such a sentence for 'over-stayers'.
It should be banned period for its cruelty - and also because it is a form of torture.
Not to mention that Singapore does not recognise the rights of refugees, of which some of the people who overstay, may qualify as.
Posted by: Charles | 22/07/2008
If anyone should be canned, then it should be Wong Kan Seng. It is pure hogwash and double standard to expect employers of runaway maids in Singapore to pay a penalty after 4 months when Wong Kan Seng refuses to take any responsibility after the limping Mas Selamat had ran away for more than 5 months to date.
I will say 1 stroke of cane for each month Wong Kan Seng failing to return Mas Selamat.
Posted by: Chew | 22/07/2008
From what i can see its often those who are both uneducated and exsploited who labour on behalf of singaporeans who are delt in this way.
The reason they are in singapore in the first place is because so many singaporeans have left there country because of its cruel and babarick ways and dredfull record of basic human rights .
The PAP also seem to like to hang onto everything that was bad about Singapore's colonial past !
Posted by: YCBI | 22/07/2008
Comming from a free country; I am amazed that the people of Singapore put up with such a lunatic as their leader. If he was a UK prime minister and comming up with such repressive laws, he would be hanging from a tree ! Rid yourselves of such government, murindoo !
Posted by: max | 30/07/2008
The "lunatic leader" (quoting "max") LKY should be mercilessly caned. He has overstayed his job for far too long. 5 presidents of Singapore have come and gone (Devan was "gone" when he "came"... ) and Harry's still steering the ship.
Cane him! Post it on YouTube and add to the collection!
Posted by: Matilah_Singapura | 30/07/2008
caning on bare buttocks ? man, you are an animal. you come from the forests. singapore is not the place for foreigners. keep away from shit countries that cannot respect humans. you have other places to work and live.
Posted by: dingu | 29/10/2008
I would like to explain,that why the mandatory canning of foreign workers is a cruel,barbaric,shellfish action? Singapore government knows how many over stay foreign workers working at particular fields(specially at restaurants, hotels,car washing places,etc) even at this moment. But they never catch all of them at a time, although they are able. Because they knows suppose they catch all the overstay workers at a time that the whole Singapore will stuck. That is why the caning is become more shellfish,cruel and barbaric action against humanity. Definitely they knows they must need the energy and labor of foreign overstay workers. So tactically they do random roundups and catch a few overstay workers and keep the amount of overstay workers in steady level. They purposely sucks the energy and labor of foreign overstay workers an finally cans on their buttocks as per a government's formula. How vulgar action is this? This means the Singapore don't have a real aspiration to make the Singapore free of overstay workers. I challenge to Singapore government, if they have real ambition within one or two day, OK within one week. It is very easy to them because the bullshit police squadrent is there without any special work. Launch a search operation within one week to all the restaurants, hotels, etc and then let see what happen?
Posted by: Spy | 08/01/2009
singapore police and government are all useless people.especially LKY,come to think how many profitable business belongs to their family?Wong Kan Seng is a sinner coming out with shit laws and think that he is smart,oh come on even i can think of it.back again singapore don't have human rights or freedom to talk,overall this country is like father teaching a son,if he says sit then we must follow so let's pray that LKY will die soon.
Posted by: sk | 09/01/2009