1. The Law Enforcement and Other Matters Act (the "Act") was passed by Parliament on 2 April 2024.
2. The Act introduces offences to deter the misuse of local SIM cards, and enhances the Police’s ability to apprehend persons posing a safety risk to themselves and others. These amendments will come into effect on 1 January 2025.
Introduce New Offences to Deter the Misuse of Local SIM Cards
3. Since 2022, the Government has put in place measures to block overseas scam calls and SMSes.1 However, criminal syndicates are turning to local SIM cards to get around these measures. The number of local mobile lines involved in scams and other cybercrimes quadrupled from 5,867 in 2021, to 23,519 in 2023, while losses almost tripled, from $137 million to $384 million. Scammers have also used local mobile lines to receive scam monies (e.g. via PayNow) and to set up messaging accounts (e.g. WhatsApp) to perpetrate scams. Local mobile lines have also been used in other crimes, such as unlicensed moneylending.2
4. To empower the Police to take stronger action against people who misuse local SIM cards for criminal activity, the Act introduces new offences targeting the following three groups of offenders. Further details on the new offences are in Annex A.
(a) [Group A] Irresponsible subscribers of local SIM cards. The rampant misuse of local SIM cards has been driven by people who give away their SIM cards or provide their particulars to others to be used to sign up for SIM cards, typically for money. The Act introduces new offences targeting irresponsible subscribers, to deter such behaviour.
(b) [Group B] Middlemen and scammers who receive, supply or possess local SIM cards. The Police have faced difficulties in prosecuting people found to be transferring or possessing local SIM cards without legitimate reason. These include local SIM cards registered in other persons’ particulars, and unregistered local SIM cards which scammers can easily activate to perpetrate their scams. The Act introduces new offences to address this gap.
(c) [Group C] Errant retailers who facilitate the fraudulent registration of local SIM cards. Currently, mobile service providers may be found in breach of their regulatory obligations if they or their appointed retailers facilitate fraudulent registrations. The Act introduces criminal offences against errant retailers, to enhance deterrence against such behaviour.
5. The offences for irresponsible subscribers (Group A offences) will carry a fine of up to $10,000 or imprisonment of up to three years, or both. The offences of receiving, supplying and possessing local SIM cards (Group B offences) and facilitating fraudulent registrations of local SIM cards (Group C offences) will carry a fine of up to $10,000 or imprisonment of up to three years, or both, for a first offence. For a second or subsequent offence, the penalty will be a fine of up to $20,000 or imprisonment of up to five years, or both.
Enhance the Police’s Ability to Apprehend Persons Posing a Safety Risk to Themselves and Others
6. Currently, under section 7 of the Mental Health (Care and Treatment) Act (MHCTA), the Police may apprehend individuals who pose a danger to themselves or others, if such danger is reasonably suspected to be attributable to a mental health condition. This allows the Police to apprehend such persons in order to bring them to a medical practitioner for treatment. However, in cases where the time frame of the danger presented is unspecified or is not imminent, the Police do not have this option, despite the risks of harm to the person or those around him.
7. The Act therefore clarifies the thresholds that must be met before a Police officer can apprehend individuals under the MHCTA. This includes clarifying that the danger to human life or personal safety posed by the person need only be reasonably likely to occur and need not be imminent, and that a Police officer can apprehend the person before any actual harm is caused. This allows the Police to ensure the safety of the person and of others around him, should the need arise.
8. The law currently also does not set out what powers are available to the Police when apprehending such a person. The Act thus amends the Police Force Act to make clear the powers accorded to the Police when apprehending such a person; the Police will be empowered to search, restrain, and use necessary force. These powers are needed to protect the safety of the person being apprehended and others around him, as the apprehended person may turn violent or possess dangerous weapons.
Other Amendments
9. To enhance the management of arrested persons, the Act amends our laws to allow officers from the Central Narcotics Bureau (CNB) to grant bail or personal bond for persons whom they have arrested. This has come into force since 18 November 2024.
10. Other amendments under the Act to strengthen our levers against scams, enhance the efficacy of Home Team operations, and facilitate and safeguard Yellow Ribbon Singapore’s (YRSG) operations, had come into force since 17 June 2024 (refer to Annex B for more information).
[1] These include blocking international calls spoofing as local numbers, and requiring organisations to register their SMS Sender IDs.
[2] In 2023, more than 1,300 local mobile lines were involved in unlicensed moneylending.
[3] Refer to paragraph 23 of MHA’s press release on the introduction of the Law Enforcement and Other Matters Bill (linked in Annex B) for a scenario which demonstrates why it is necessary to clarify the thresholds.
Annexes
1.
Annex A - Offences Targeting the Misuse of Local SIM Cards (PDF, 87.7 KB)
2. Annex B – Information on the Law Enforcement and Other Matters Act
(a)
MHA Press Release on the Introduction of the Law Enforcement and Other Matters Bill
