Strengthening Legislation for Crime against Children

7 Ms Tin Pei Ling asked the Minister for Home Affairs whether the Ministry will review the relevant legislation to enhance the sentences for all types of sexual offences, with or without penetration and with or without violence, committed on minors.

8 Mr Alex Yam asked the Minister for Home Affairs whether the Ministry will consider tabling new legislation or amending the Penal Code to introduce specific laws on child pornography.

The Minister for Home Affairs (Mr K Shanmugam): Madam, can I take Question Nos 7 and 8, together?

Mdm Speaker: Yes, please.

Mr K Shanmugam: Mdm Speaker, the Ministry of Home Affairs (MHA) is working with other Ministries to review the laws relating to child pornography and sexual offences committed on minors, including whether the sentences need to be enhanced or whether even new laws need to be drafted. We have started the review, covering whether existing approaches need to be looked at or whether additional laws need to be put in or whether punishments need to be enhanced. It is quite a comprehensive review looking at the situation of minors and we will make an announcement when the review is completed.

Mdm Speaker: Ms Tin Pei Ling.

Ms Tin Pei Ling (MacPherson): Madam, I thank the Minister. I would like to ask broadly, when would we be able to expect the completion of the review? Secondly, can we reasonably expect the legislation and the penalties to be toughened and, if not, why might it be so?

Mr K Shanmugam: Ms Tin is asking me to prejudge the review before the review takes place. There would not be a review asked if we felt that everything was okay as it is. But I should not jump in and say it is definitely going to go in a certain direction because, as I had said, we need to look at it. Perhaps, in some situations, the laws may be adequate but some processes, in terms of which charges to prefer or which charges to look at, that is not within the control of the Government. Which charges to prefer and how to proceed is an independent decision by the Attorney-General's Chambers (AGC). But as a matter of policy, we may need to have discussions with AGC without having to deal with individual cases. And there may be areas where there may be a lacuna as well.

We expect the review to be completed before the end of the year. I speak personally here, without having to prejudge the issue. I think that, in two areas, in the context of vulnerable victims, very young children who are subjected to sexual abuse, who are preyed upon, or who otherwise would have had. And there is a separate class of vulnerable victims, and by no means is this comprehensive; domestic helpers. They are human beings. They come here and do the work because we do not have enough people. But they have to be treated with a certain dignity and a certain respect for the law. They are not slaves. And if they are ill-treated to the extent where they suffer physical and mental torture, I think we also look at that. The laws already provide for punishments to be enhanced in the context of some vulnerable victims. So, we have to look at this.

My own personal view is that there is certainly a reasonable basis for taking the view that the punishments have to be stiffer. How that is to be arrived at, like I said, whether you have to necessarily legislate or you have to relook at some of the processes, policies, that is something that is part of the review. Speaking personally, I think they need to be stiffened.

Mdm Speaker: Mr Louis Ng.

Mr Louis Ng Kok Kwang (Nee Soon): Madam, I just want to ask the Minister, he mentioned that they are going to include other vulnerable victims in the review as well. Could I check whether they will be including the mentally disabled as well?

Mr K Shanmugam: Before that we are undertaking a review of the Penal Code and the Criminal Procedure Code (CPC). We would be looking at many of these issues. I am not going to comment as to whether we will specifically be looking at the mentally disabled. But I think Members can assume that we are doing quite a comprehensive review.

Mdm Speaker: Mr Alex Yam.

Mr Alex Yam (Marsiling-Yew Tee): Madam, I thank the Minister and welcome the review. Just a single clarification. Will the Ministry be considering any public consultation for this process?

Mr K Shanmugam: Specifically for the vulnerable victims and the children. We will do an internal review. We have started that for some time now. I certainly intend that there will be public consultation for many of the Penal Code types of changes that they are thinking of. I do not want to commit my officials before we have crossed the bridge, but public consultation is something that we do quite frequently when it comes to these sorts of laws. If we do not do it, we will explain in Parliament why. But I think it is likely that we will do it.