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Kidnapping Act | |
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Parliament of Singapore | |
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Enacted by | Parliament of Singapore |
Enacted | 1961 |
Amended by | |
1 August 1999 | |
Status: In force |
The Kidnapping Act 1961 is a statute of the Parliament of Singapore that criminalizes the illegal abduction, wrongful restraints and wrongful confinement of any person. The law is designed specifically to make acts of knowingly seeking and receiving ransom in connection with the kidnap of any person a criminal offence.
The Kidnapping Act is an Act to deter unlawful abduction, wrongful restraint and wrongful confinement of any person. It was originally enacted in 1961.
The Kidnapping Act defines the punishment to be meted out for different scenarios of violations, and serves as an instrument for imprisoning and caning of offenders. The abduction, wrongful restraint or wrongful confinement for ransom is primarily subjected to a mandatory minimum penalty of life imprisonment, plus caning, and a maximum of capital punishment. The Act also prescribes punishment for accomplices and individuals that consort with offenders and kidnappers, such as those that receive ransoms and negotiate for ransoms. The Act empowers the Public Prosecutor to freeze bank accounts and order the inspection of books, accounts, receipts, vouchers or other documents, and to obtain information as well as intercepting communication. The Act expresses that it is the duty of any person in the know to give information on kidnapping acts to the police, and such a person may also be found guilty and subjected to a fine and imprisonment if he or she fails in doing so.
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In the mid-2010s, kidnap scams were more proliferate in Singapore than the actual act of kidnapping itself. [1] [2] The Singapore Police Force has set up the Scam Alert web service that keeps Singaporeans informed on the latest scams such as kidnapping scams. [3]
A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized—such as a relative, employer, law enforcement, or government—to act, or refrain from acting, in a certain way, often under threat of serious physical harm or death to the hostage(s) after expiration of an ultimatum. The Encyclopædia Britannica Eleventh Edition defines a hostage as "a person who is handed over by one of two belligerent parties to the other or seized as security for the carrying out of an agreement, or as a preventive measure against certain acts of war."
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes, severe cases of child pornography, or any three felonies in case of three-strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884.
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly.
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus.
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
Caning is a widely used form of corporal punishment in Singapore. It can be divided into several contexts: judicial, prison, reformatory, military, school and domestic. These practices of caning as punishment were introduced during the period of British colonial rule in Singapore. Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries, Malaysia and Brunei.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Nigeria face legal and social challenges not experienced by non-LGBT residents. LGBT rights are generally infringed upon and homosexuality is illegal in Nigeria and punishable by up to 14 years of prison in the conventional court system. There is no legal protection for LGBT rights in Nigeria—a largely conservative country of more than 225 million people, split between a mainly Muslim north and a largely Christian south. Very few LGBT persons are open about their sexual orientation, as violence against them is frequent. Many LGBTQ Nigerians are fleeing to countries with progressive law to seek protection.
Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature and historically derives largely from the Indian penal code. The general principles of criminal law, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating, are set out in the Singaporean Penal Code. Other serious offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.
The Penal Code 1871 sets out general principles of the criminal law of Singapore, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating. The Penal Code does not define and list exhaustively all the criminal offences applicable in Singapore – a large number of these are created by other statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.
Capital punishment in Malaysia is a legal penalty in Malaysian law.
The Vandalism Act 1966 is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting, marking or inscribing on property; affixing posters, placards, etc., to the property; and suspending or displaying on or from the property any flag, banner, etc.
A restraint order is an order which has the effect of freezing the assets and bank accounts of the persons against whom it is directed, in consequence of a belief by the authorities that some crime has been committed from which a person has benefited financially.
The Penal Code is a law that codifies most criminal offences and procedures in Malaysia. Its official long title is "An Act relating to criminal offences" [Throughout Malaysia—31 March 1976, Act A327; P.U. (B) 139/1976]. The sole jurisdiction of Parliament of Malaysia is established over criminal law in Malaysia.
The Arms Offences Act 1973 is a statute of the Parliament of Singapore that criminalizes the illegal possession of arms and ammunition and the carrying, trafficking, and usage of arms. The law is designed specifically to make acts of ownership, knowingly receiving payment in connection with the trade of a trafficked armaments and ammunition, as well as the unlawful usage of arms and ammunition a criminal offence.
The Kidnapping Act 1961, is a Malaysian laws which enacted to provide for the detection and punishment of the offences of abduction, wrongful restraint and wrongful confinement for ransom and other related offences and for matters incidental thereto.
Life imprisonment is a legal penalty in Singapore. This sentence is applicable for more than forty offences under Singapore law, such as culpable homicide not amounting to murder, attempted murder, kidnapping by ransom, criminal breach of trust by a public servant, voluntarily causing grievous hurt with dangerous weapons, and trafficking of firearms, in addition to caning or a fine for certain offences that warrant life imprisonment.
Vincent Lee Chuan Leong is a Singaporean ex-convict who, together with two illegal immigrants from China, kidnapped a 14-year-old female student in 1999. The trio abducted the teenager into their rented car, and then demanded S$500,000 ransom from the girl's father, a wealthy second-hand car dealer. Eventually, through negotiations, the ransom was lowered to S$330,000, and upon the agreement to the amount, the ransom was paid and the girl was subsequently released without harm.
Chua Ser Lien was a Singaporean who, together with his accomplice Tan Ping Koon, kidnapped a seven-year-old girl during Christmas Day of 2003. The abduction was brief and witnessed by several people, one of whom gave chase to the pair. Both Chua and Tan, then aged 42 and 35 respectively, realised they were followed and released the girl at Tampines. However, the two kidnappers called the girl's father the following day and demanded S$1 million from him or they would hurt her family. The sum of S$70,000 was eventually agreed and paid to them before both their arrests on 27 December 2003.
Tan Ping Koon is a Singaporean who, together with Chua Ser Lien, was charged for the kidnapping of a seven-year-old girl for ransom during Christmas Day of 2003. Tan, who was the owner and manager of a transportation company, had several financial troubles and thus it led to both Tan and Chua to decide to kidnap a child of a wealthy businessman for ransom. The men also demanded a ransom of S$1 million before settling on the final sum of S$70,000 through negotiations. Two days after the crime, both Chua and Tan were arrested and brought to trial for kidnapping for ransom, and after they pleaded guilty to committing the crime, both men were each sentenced to life at Changi Prison and three strokes of the cane by High Court judge Tay Yong Kwang on 9 September 2004.