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Immigration Act 1959 PART 5 — REMOVAL FROM SINGAPORE

s 31–s 36 · 8 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Removal of prohibited immigrants from Singapore

s 31

Open ↗

31. —(1) If during the examination of any person arriving in Singapore or after such inquiry as may be necessary that person is found to be a prohibited immigrant, the Controller shall, subject to the provisions of the regulations, prohibit the person from disembarking or may detain the person at an immigration depot or other place designated by the Controller. (2) The person shall be liable to be removed from Singapore to his or her place of embarkation or to the country of his or her birth or citizenship or to any other port or place designated by the Controller. (3) For the purposes of this Part, any reference to a person who has arrived in Singapore includes a reference to a person who has arrived but has not yet entered Singapore. —(1) If during the examination of any person arriving in Singapore or after such inquiry as may be necessary that person is found to be a prohibited immigrant, the Controller shall, subject to the provisions of the regulations, prohibit the person from disembarking or may detain the person at an immigration depot or other place designated by the Controller. (2) The person shall be liable to be removed from Singapore to his or her place of embarkation or to the country of his or her birth or citizenship or to any other port or place designated by the Controller. (3) For the purposes of this Part, any reference to a person who has arrived in Singapore includes a reference to a person who has arrived but has not yet entered Singapore.

Power of Controller to remove prohibited immigrants

s 31A

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31A. —(1) The Controller may, at any time, by written order, direct any person mentioned in subsection (2) to remove, within such period as may be specified in the order, a prohibited immigrant who has arrived in Singapore. (2) An order under subsection (1) is to be made against and served on — ( a ) the master of the vessel, aircraft or train which first brought the prohibited immigrant to Singapore; or ( b ) the master of any other vessel, aircraft or train belonging to the same owner, operated by the same operator or chartered by the same charterer of the vessel, aircraft or train mentioned in paragraph ( a ). [Act 31 of 2023 wef 31/07/2025] (3) The Controller may take such action or use such force as may be necessary to ensure that an order under this section is complied with. (4) Without limiting subsection (3), the Controller may, by written order, direct the person against whom an order under this section is made, not to move his or her vessel, aircraft or train unless the prohibited immigrant named in that order is on board the vessel, aircraft or train. (5) Any person who contravenes any order made under subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $5,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both. —(1) The Controller may, at any time, by written order, direct any person mentioned in subsection (2) to remove, within such period as may be specified in the order, a prohibited immigrant who has arrived in Singapore. (2) An order under subsection (1) is to be made against and served on — ( a ) the master of the vessel, aircraft or train which first brought the prohibited immigrant to Singapore; or ( b ) the master of any other vessel, aircraft or train belonging to the same owner, operated by the same operator or chartered by the same charterer of the vessel, aircraft or train mentioned in paragraph ( a ). [Act 31 of 2023 wef 31/07/2025] (3) The Controller may take such action or use such force as may be necessary to ensure that an order under this section is complied with. (4) Without limiting subsection (3), the Controller may, by written order, direct the person against whom an order under this section is made, not to move his or her vessel, aircraft or train unless the prohibited immigrant named in that order is on board the vessel, aircraft or train. (5) Any person who contravenes any order made under subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $5,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Removal of illegal immigrants

s 32

Open ↗

32. —(1) Any person who is convicted of an offence under section 5, 6, 8 or 9 is liable to be removed from Singapore by order of the Controller. (1A) If a person is ordered to be removed from Singapore under subsection (1), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024] (2) A citizen of Singapore convicted of an offence under section 5 must not be ordered to be removed from Singapore under this section. —(1) Any person who is convicted of an offence under section 5, 6, 8 or 9 is liable to be removed from Singapore by order of the Controller. (1A) If a person is ordered to be removed from Singapore under subsection (1), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024] (2) A citizen of Singapore convicted of an offence under section 5 must not be ordered to be removed from Singapore under this section.

Removal of persons unlawfully remaining in Singapore

s 33

Open ↗

33. —(1) Where the presence of any person in Singapore is unlawful by reason of section 15 or 62, that person is, whether or not any proceedings are taken against him or her in respect of any offence under that section, liable to be removed from Singapore by order of the Controller. (2) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (3) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (4) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (5) Where an order of removal under subsection (1) has been made in respect of any person, any permit, pass or certificate to enter or remain in Singapore issued to him or her under this Act or the regulations is cancelled on the date of the order. [Act 31 of 2023 wef 31/12/2024] (5A) If a person is ordered to be removed from Singapore under subsection (1), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024] (6) Nothing in this Part or the regulations requires the Controller to disclose any fact, produce any document or assign any reason for the making of any order of removal under this Part which he or she considers it to be against the public interest to do so. [Act 31 of 2023 wef 31/12/2024] —(1) Where the presence of any person in Singapore is unlawful by reason of section 15 or 62, that person is, whether or not any proceedings are taken against him or her in respect of any offence under that section, liable to be removed from Singapore by order of the Controller. (2) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (3) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (4) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (5) Where an order of removal under subsection (1) has been made in respect of any person, any permit, pass or certificate to enter or remain in Singapore issued to him or her under this Act or the regulations is cancelled on the date of the order. [Act 31 of 2023 wef 31/12/2024] (5A) If a person is ordered to be removed from Singapore under subsection (1), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024] (6) Nothing in this Part or the regulations requires the Controller to disclose any fact, produce any document or assign any reason for the making of any order of removal under this Part which he or she considers it to be against the public interest to do so. [Act 31 of 2023 wef 31/12/2024]

Removal of persons ceasing to be citizens of Singapore

s 33A

Open ↗

33A. —(1) The Controller may order that a person mentioned in section 11A(1) be removed from Singapore if the Controller is satisfied that — ( a ) the person is a prohibited immigrant; or ( b ) the presence of the person in Singapore is undesirable or would be prejudicial to public security in Singapore. (2) If an order of removal is made under subsection (1) in respect of a person, any permit or pass issued to the person under section 11A(3) is cancelled on the date of the order. [Act 31 of 2023 wef 31/12/2024] —(1) The Controller may order that a person mentioned in section 11A(1) be removed from Singapore if the Controller is satisfied that — ( a ) the person is a prohibited immigrant; or ( b ) the presence of the person in Singapore is undesirable or would be prejudicial to public security in Singapore. (2) If an order of removal is made under subsection (1) in respect of a person, any permit or pass issued to the person under section 11A(3) is cancelled on the date of the order. [Act 31 of 2023 wef 31/12/2024]

Detention of persons ordered to be removed

s 34

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34. —(1) Where any person is ordered to be removed from Singapore under the provisions of this Act, it is lawful for the Controller to order that person to be detained in custody for such period as may be necessary for the purpose of making arrangements for that person’s removal. (2) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (3) Any person who is ordered to be removed from Singapore may be placed on board a suitable vessel, aircraft, train or bus by any police officer or immigration officer, and may be lawfully detained on board that vessel, aircraft, train or bus, so long as the vessel, aircraft, train or bus is within the limits of Singapore. [Act 31 of 2023 wef 31/12/2024] [Act 31 of 2023 wef 31/07/2025] (4) Any person who is detained in custody pursuant to an order made by the Controller under subsection (1) may be so detained in any prison, police station or immigration depot, or in any other place appointed for the purpose by the Controller. —(1) Where any person is ordered to be removed from Singapore under the provisions of this Act, it is lawful for the Controller to order that person to be detained in custody for such period as may be necessary for the purpose of making arrangements for that person’s removal. (2) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (3) Any person who is ordered to be removed from Singapore may be placed on board a suitable vessel, aircraft, train or bus by any police officer or immigration officer, and may be lawfully detained on board that vessel, aircraft, train or bus, so long as the vessel, aircraft, train or bus is within the limits of Singapore. [Act 31 of 2023 wef 31/12/2024] [Act 31 of 2023 wef 31/07/2025] (4) Any person who is detained in custody pursuant to an order made by the Controller under subsection (1) may be so detained in any prison, police station or immigration depot, or in any other place appointed for the purpose by the Controller.

Power to arrest person liable to removal

s 35

Open ↗

35. Any person reasonably believed to be a person liable to removal from Singapore under this Act may be arrested without warrant by any immigration officer generally or specially authorised by the Controller in that behalf or by a police officer, and may be detained in any prison, police station or immigration depot for a period not exceeding 14 days pending a decision as to whether an order for his or her removal should be made.

Unlawful return after removal

s 36

Open ↗

36. —(1) A person who is removed from or otherwise lawfully sent out of Singapore must not enter or reside in Singapore without the prior written permission of the Controller. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than one year and not more than 3 years and shall also be liable to a fine not exceeding $6,000. (3) Any person who is convicted of an offence under subsection (2) is liable to be removed from Singapore by order of the Controller. (4) If a person is ordered to be removed from Singapore under subsection (3), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024] —(1) A person who is removed from or otherwise lawfully sent out of Singapore must not enter or reside in Singapore without the prior written permission of the Controller. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than one year and not more than 3 years and shall also be liable to a fine not exceeding $6,000. (3) Any person who is convicted of an offence under subsection (2) is liable to be removed from Singapore by order of the Controller. (4) If a person is ordered to be removed from Singapore under subsection (3), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024]

Back to Immigration Act 1959 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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