Paragraph 426
Slavery and the slave trade have been abolished in Singapore for many years now. The statutory provisions against slavery, which it has not been necessary to enforce in recent years, are to be found in the Penal Code, Sections 370 to 374…
Paragraph 427
…stringent provisions exist for the control and supervision of transferred children under the Children and Young Persons Ordinance (Cap. 128).
[Note: paragraph 430 – Annex contains the penal provisions reproduced below]
- Liberty of the person
(1) No person shall be deprived of his life or personal liberty save in accordance with law.
- Slavery and forced labour prohibited
(1) No person shall be held in slavery.
(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
(3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.
- Prohibition of banishment and freedom of movement
(1) No citizen of Singapore shall be banished or excluded from Singapore.
(2) Subject to any law relating to the security of Singapore or any part thereof, public order, public health or the punishment of offenders, every citizen of Singapore has the right to move freely throughout Singapore and to reside in any part thereof.
Constitution of the Republic of Singapore (PDF)
366. Kidnapping or abducting a woman to compel her marriage, etc.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
367. Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to non-consensual penile penetration of the anus, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
370. Buying or disposing of any person as a slave
Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. [Indian PC 1860, s. 370]
371. Habitual dealing in slaves
Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.
- Selling minor for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any person under the age of 21 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. Explanation.—When a female under the age of 21 years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
- Buying minor for purposes of prostitution, etc.
Whoever buys, hires or otherwise obtains possession of any person under the age of 21 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. Explanation.—Any prostitute, or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of 21 years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
373A. Importing woman for purposes of prostitution, etc.
Whoever — (a) by any false pretence, false representation, or fraudulent or deceitful means, brings, or assists in bringing, into Singapore any woman with intent that such woman may be employed or used for the purpose of prostitution; (b) brings, or assists in bringing, into Singapore any woman with intent that such woman may be sold or bought for the purpose of prostitution; or (c) sells or buys any woman for the purpose of prostitution, shall be punished with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.
- Unlawful compulsory labour
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Penal Code (chapter 24) (PDF)
- Interpretation
In this Act, unless the context otherwise requires —
“coercion”, in relation to an individual, means the use of force or threat, whether violent or otherwise, against the individual or another individual, including —
(a) any threat of harm to or physical restraint of the individual or the other individual;
(b) any scheme, plan or pattern intended to cause the individual to believe that the failure to perform an act would result in serious harm to or physical restraint of the individual or the other individual; or
(c) any abuse or threat related to the legal status of the individual or the other individual;
“debt bondage” means a status or condition arising from —
(a) the pledging by a debtor of the personal services of the debtor or an individual under the debtor’s control, as security for a debt; and
(b) the reasonable value of such services not being applied towards the discharge of the debt, or the length or nature of such services not being limited or defined, respectively;
“exploitation” means sexual exploitation, forced labour, slavery or any practice similar to slavery, servitude or the removal of an organ;
“practice similar to slavery” includes debt bondage, serfdom or any servile form of marriage;
“serfdom” means the condition or status of a tenant who is, by law, custom or agreement, bound to live and labour on land belonging to another person and to render any determinate service to that other person, whether for reward or not, and is not free to change that condition or status;
“servile form of marriage” means any institution or practice in which —
(a) a woman or female child, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parent, guardian, family or any other person or group of persons;
(b) the husband of a woman or female child, or his family or clan, has the right to transfer her to another person, whether for value received or otherwise; or
(c) a woman or female child on the death of her husband is liable to be inherited by another person;
“servitude”, in relation to an individual, means any condition or obligation, not authorised by any written law, to work or render services from which the individual cannot escape or which the individual is not free to change;
- Trafficking in persons
(1) Any person who recruits, transports, transfers, harbours or receives an individual (other than a child) by means of —
(a) the threat or use of force, or any other form of coercion;
(b) abduction;
(c) fraud or deception;
(d) the abuse of power;
(e) the abuse of the position of vulnerability of the individual; or
(f) the giving to, or the receipt by, another person having control over that individual of any money or other benefit to secure that other person’s consent,
for the purpose of the exploitation (whether in Singapore or elsewhere) of the individual shall be guilty of an offence.
(2) Any person who recruits, transports, transfers, harbours or receives a child for the purpose of the exploitation (whether in Singapore or elsewhere) of the child shall be guilty of an offence.
- Punishment for trafficking in persons
(1) Any person who is guilty of an offence under section 3, upon conviction —
(a) in the case of a first offence, shall be punished with a fine not exceeding $100,000 and with imprisonment for a term not exceeding 10 years, and shall be liable to caning not exceeding 6 strokes; and
(b) in the case of a second or subsequent offence, shall be punished with a fine not exceeding $150,000, with imprisonment for a term not exceeding 15 years and with caning not exceeding 9 strokes.
(2) In determining the appropriate sentence for an offence under section 3, the court may take into account the aggravating factors relevant to the offence including the following:
(a) the offence involved serious injury to or the death (including death by suicide) of the trafficked victim or another individual;
(b) the trafficked victim was particularly vulnerable due to pregnancy, illness, infirmity, disability or any other reason, and the offender was aware of the trafficked victim’s particular vulnerability;
(c) the trafficked victim was a child;
(d) the offence exposed the trafficked victim to a lifethreatening illness;
(e) the offence involved actual or threatened use of a weapon or drug;
(f) the offender was a public servant;
(g) the offender was the trafficked victim’s spouse or conjugal partner;
(h) the offender was abusing a position of trust or authority in relation to the trafficked victim.
- Abetment of trafficking in persons
(1) For the purposes of Chapter V of the Penal Code (Cap. 224), a person abets the commission of an offence under section 3 if —
(a) the person gives instruction to another person to commit the offence;
(b) the person provides or arranges any form of financing, transport, shelter, accommodation or any other facility with the intention of facilitating the commission of the offence; or
(c) the person —
(i) participates or assists in the recruitment, transport, transfer, harbouring or receiving of an individual;
(ii) employs or assists in the employment of any of the means specified in section 3(1)(a) to (f) in respect of the individual; or
(iii) does any act to promote or in furtherance of the actual or intended exploitation of the individual, with the intention of facilitating the commission of the offence against the individual.
(2) To avoid doubt, this section is without prejudice to the generality of the term “abetment” under the Penal Code.
- Persons who receive payments in connection with exploitation of trafficked victims
(1) Any person who knowingly receives any payment in connection with the actual or intended exploitation in Singapore of a trafficked victim shall be guilty of an offence.
(2) Any person who is guilty of an offence under subsection (1), upon conviction —
(a) in the case of a first offence, shall be punished with a fine not exceeding $100,000 and with imprisonment for a term not exceeding 10 years, and shall be liable to caning not exceeding 6 strokes; and
(b) in the case of a second or subsequent offence, shall be punished with a fine not exceeding $150,000, with imprisonment for a term not exceeding 15 years and with caning not exceeding 9 strokes.
Prevention of Human Trafficking Act 2014 (PDF)
- Trafficking in Children Unlawful transfer of possession, custody or control of child
(1) Every person who takes any part in any transaction the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody or control of a child for any valuable consideration shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 4 years.
(2) Every person who, without lawful authority or excuse harbours or has in his possession, custody or control any child with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or outside Singapore shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 4 years.
(3) It shall be a defence in any prosecution under this section to prove that the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption and that at least one of the natural parents of the child or the legal guardian was a consenting party to the marriage or to the adoption by the adopting party, and had expressly consented to the marriage or adoption.
(4) In this section, “legal guardian”, in relation to a child or young person, means a person lawfully appointed by deed or will or by the order of a competent court to be the guardian of that child or young person.
- Consent to marriage
No female below the age of 18 years who is or has been detained or in respect of whom a bond or security has been taken under the provisions of this Act shall contract any form of marriage without the previous consent in writing of a protector.
Children and Young Persons Act (chapter 38) (PDF)
Note: Article 140 of the Women’s Charter prohibits forced prostitution involving detention or physical force, though it does not include non-physical forms of coercion, such as debt bondage or threat of abuse of the legal process.
Article 141 only prohibits the movement of women and girls for “trafficking” but does not define the term “trafficking.” Penalties prescribed for sex trafficking offenses in the Women’s Charter include a maximum of five years’ imprisonment"
Women's Charter (PDF)
