Fact sheet: Overstaying by more than 90 days can lead to caning

Posted by on August 6, 2011 in Articles, Facts, research, analysis

Singapore’s Immigration Act specifies that persons overstaying their visas or equivalent permits are liable for judicial caning if they overstay by more than 90 days. There are exceptions pertaining to age. Women are also not caned.

 

Unlawful entry or presence in Singapore

15. — (1)  A person shall not remain in Singapore after the cancellation of any permit or certificate, or after the making of a declaration under section 14(4)* or after the expiration or notification to him, in such manner as may be prescribed, of the cancellation of any pass relating to or issued to him unless he is otherwise entitled or authorised to remain in Singapore under the provisions of this Act or the regulations.

(2)  A person shall not remain in Singapore in contravention of section 62*

(3) Any person who contravenes, without reasonable cause, this section shall be guilty of an offence and —
in the case where he remains unlawfully for a period not exceeding 90 days, shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both;

in the case where he remains unlawfully for a period exceeding 90 days, shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished with caning with not less than 3 strokes, or where by virtue of that section he is not punishable with caning, he shall, in lieu of caning, be punished with a fine not exceeding $6,000.

(*Section 14(4) relates to false declarations and section 62 is a transition clause, not relevant to ordinary circumstances.)

TWC2 does not have statistics as to the number of persons convicted under this part of the Act or the number of persons caned.

TWC2 is an organization that is dedicated to assisting low-wage migrant workers when they are in difficulty. We are motivated by a sense of fairness and humanity, though our caseload often exceeds our
means.

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