When and why did Singapore close this “loophole”?
While Singapore’s laws generally usually do not apply to residents who have commit crimes overseas, certain laws, such as the Misuse of Drugs Act 1973, come with an extraterritorial nature. That is, they apply to Singaporeans and permanent residents who offend overseas.
Beneath the Act, Section 8A states that a resident or permanent citizen who consumes medicines overseas “may become dealt with as if that offence had been committed within Singapore”.
Speaking within Parliament during the 2nd reading of the Misuse of Medications (Amendment) Bill on Jun 1, 1998, then-Minister for Home Affairs Wong Kan Seng said the Government required to plug the “loophole”.
More Singaporeans were consuming medications when travelling, with all the number of people testing beneficial for drugs from checkpoints rising twenty six per cent from 1994 to 1997, Mr Wong said.
At that time, the Main Narcotics Bureau (CNB) could not charge people who used drugs abroad, even if they examined positive at immigration entry points.
“With a lot more Singaporeans travelling abroad, the easy access of drugs nearby within neighbouring countries as well as the proposed harsher fees and penalties for hardcore lovers, it is prudent in order to plug this loophole, ” said Mr Wong.
“Otherwise, local lovers would intentionally create trips out of Singapore to neighbouring countries to get their fixes to avoid arrest plus prosecution in Singapore, and to make a mockery of our drug laws. ”
The particular provision came into effect on Jul 20, 1998, and states that a person found to have smoked, administered to himself or ingested a controlled or even specified drug – whether outside or even within Singapore – through an urine test will be dealt with as though the offence had been committed in Singapore.
The law was applied when it comes to DJ Debbie Valerie Tenashar Long whom consumed drugs during a trip to Amsterdam.
Long had been arrested at the introduction hall of Changi Airport Terminal 1 on Oct 28, 2015, and her urine sample was discovered to have contained remnants of drugs.
Aside from medications, corruption is another offence for which Singaporeans could be prosecuted even if committed overseas, under the Avoidance of Corruption Act 1960.
Other statutes, like the Securities and Futures Act 2001, the Foreign Interference (Countermeasures) Act 2021, as well as the Passports Act 3 years ago, also have extraterritorial factors.
Lawyer Amarjit Singh Sidhu from Amarjit Sidhu Legislation Corporation also pointed out that under the Penal Code, commercial sex having a minor below eighteen outside Singapore is an offence.
The Penal Program code also covers facilitating tours outside of Singapore for commercial intercourse with a minor below 18.