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  #16  
Old 15-05-2011, 11:19 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 1 — DIVORCE

Interpretation of this Part
92. In this Part, unless the context otherwise requires —

"child of the marriage" means any child of the husband and wife, and includes any adopted child and any other child (whether or not a child of the husband or of the wife) who was a member of the family of the husband and wife at the time when they ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred; and for the purposes of this definition, the parties to a purported marriage that is void shall be deemed to be husband and wife;

"court" means the High Court or a Judge thereof;

"desertion" implies an abandonment against the wish of the person charging it;

"judgment of judicial separation" includes a decree of judicial separation granted in proceedings for judicial separation commenced before 1st April 2006;

"writ" means a writ of summons for divorce, presumption of death and divorce, judicial separation, nullity of marriage or rescission of a judgment of judicial separation, as the case may be.[42/2005]

Jurisdiction of court in matrimonial proceedings
93. —(1) Subject to subsection (2), the court shall have jurisdiction to hear proceedings for divorce, presumption of death and divorce, judicial separation or nullity of marriage only if either of the parties to the marriage is —

(a) domiciled in Singapore at the time of the commencement of the proceedings; or

(b) habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings.[42/2005]

(2) In proceedings for nullity of marriage on the ground that the marriage is void or voidable, the court may, notwithstanding that the requirements in subsection (1) are not fulfilled, grant the relief sought where both parties to the marriage reside in Singapore at the time of the commencement of the proceedings.[42/2005]

(3) For the purposes of proceedings for nullity of marriage, “marriage” includes a marriage which is not valid by virtue of any of the provisions of this Act.[42/2005]

Restriction on filing of writ for divorce during first 3 years of marriage
94. —(1) No writ for divorce shall be filed in the court unless at the date of the filing of the writ 3 years have passed since the date of the marriage.
[42/2005]

(2) The court may, upon application being made in accordance with the Rules of Court, allow a writ to be filed before 3 years have passed on the ground that the case is one of exceptional hardship suffered by the plaintiff or of exceptional depravity on the part of the defendant, but if it appears to the court at the hearing of the proceedings that the plaintiff obtained leave to file the writ by any misrepresentation or concealment of the nature of the case, the court may, if it grants an interim judgment, do so subject to the condition that no application to make the judgment final shall be made until after the expiration of 3 years from the date of the marriage, or may dismiss the proceedings without prejudice to any proceedings which may be brought after the expiration of the said 3 years upon the same, or substantially the same, facts as those proved in support of the proceedings so dismissed.
[42/2005]

(3) In determining any application under this section for leave to file a writ before the expiration of 3 years from the date of the marriage, the court shall have regard to the interest of any child of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said 3 years.
[42/2005]

(4) The court may, before determining an application under this section, refer the differences between the parties to a Conciliation Officer so that a reconciliation between the parties might be effected.
[42/2005]

(5) Nothing in this section shall be deemed to prohibit the filing of a writ based upon matters which have occurred before the expiration of 3 years from the date of the marriage.
[42/2005]

Irretrievable breakdown of marriage to be sole ground for divorce
95. —(1) Either party to a marriage may file a writ for divorce on the ground that the marriage has irretrievably broken down.
[42/2005]

(2) The court hearing such proceedings shall, so far as it reasonably can, inquire into the facts alleged as causing or leading to the breakdown of the marriage and, if satisfied that the circumstances make it just and reasonable to do so, grant a judgment for its dissolution.[42/2005]

(3) The court hearing any proceedings for divorce shall not hold the marriage to have broken down irretrievably unless the plaintiff satisfies the court of one or more of the following facts:

(a) that the defendant has committed adultery and the plaintiff finds it intolerable to live with the defendant;

(b) that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with the defendant;

(c) that the defendant has deserted the plaintiff for a continuous period of at least 2 years immediately preceding the filing of the writ;

(d) that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the defendant consents to a judgment being granted;

(e) that the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ.[42/2005]

(4) In considering whether it would be just and reasonable to grant a judgment, the court shall consider all the circumstances, including the conduct of the parties and how the interests of any child or children of the marriage or of either party may be affected if the marriage is dissolved, and it may make an interim judgment subject to such terms and conditions as the court may think fit to attach; but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage, the court shall dismiss the proceedings.[42/2005]

(5) Where the parties to the marriage have lived with each other for any period or periods after it became known to the plaintiff that the defendant had, since the celebration of the marriage, committed adultery, then —

(a) if the length of that period or of those periods together was 6 months or less, their living with each other during that period or those periods shall be disregarded in determining for the purposes of subsection (3)(a) whether the plaintiff finds it intolerable to live with the defendant; but

(b) if the length of that period or of those periods together exceeded 6 months, the plaintiff shall not be entitled to rely on that adultery for the purposes of subsection (3)(a).[42/2005]

(6) Where the plaintiff alleges that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for a period or periods after the date of the occurrence of the final incident relied on by the plaintiff and held by the court to support his allegation, that fact shall be disregarded in determining for the purposes of subsection (3)(b) whether the plaintiff cannot reasonably be expected to live with the defendant if the length of that period or of those periods together was 6 months or less.[42/2005]

(7) In considering for the purposes of subsection (3) whether the period for which the defendant has deserted the plaintiff or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding 6 months) or of any 2 or more periods (not exceeding 6 months in all) during which the parties resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period for which the parties to the marriage lived apart, as the case may be.[42/2005]

(8) References in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.[42/2005]

Rules to provide for agreements to be referred to court
96. Provision may be made by Rules of Court for enabling the parties to a marriage, or either of them, on application made either before or after the filing of the writ for divorce, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the proceedings for divorce which are contemplated or, as the case may be, have begun, and for enabling the court to express an opinion, should the court think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as the court thinks fit.[42/2005]
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  #17  
Old 15-05-2011, 11:21 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 1 — DIVORCE

Intervention of Attorney-General
97. —(1) In the case of any proceedings for divorce —

(a) the court may, if it thinks fit, direct all necessary papers to be sent to the Attorney-General and he may argue before the court any question in relation to the matter which the court considers it necessary or expedient to be fully argued; and

(b) any person may, at any time during the progress of the proceedings or before the interim judgment is made final, give information to the Attorney-General on any matter material to the due decision of the case, and the Attorney-General may thereupon take such steps as he considers necessary or expedient.[42/2005]

(2) If the Attorney-General intervenes or shows cause against an interim judgment in any proceedings for divorce, the court may order one or more of the parties to the proceedings to pay the costs of the Attorney-General.
[42/2005]

Relief for defendant in divorce proceedings
98. If in any proceedings for divorce the defendant alleges and proves any such fact as is mentioned in section 95(3) (treating the defendant as the plaintiff and the plaintiff as the defendant for the purposes of that subsection), the court may give to the defendant the relief to which he would be entitled if he had filed a writ seeking that relief.[42/2005]

Interim judgment and proceedings thereafter
99. —(1) Every judgment of divorce shall in the first instance be an interim judgment and shall not be made final before the expiration of 3 months from its grant unless the court by general or special order from time to time fixes a shorter period. [42/2005]

(2) Where a judgment of divorce has been granted but not made final, then without prejudice to section 97, any person may show cause why the judgment should not be made final by reason of the material facts not having been brought before the court, and in such a case the court may —

(a) notwithstanding subsection (1), make the judgment final;

(b) rescind the interim judgment;

(c) require further inquiry; or

(d) otherwise deal with the case as it thinks fit. [42/2005]

(3) Where an interim judgment of divorce has been granted and no application for it to be made final has been made by the party to whom it was granted, then, at any time after the expiration of 3 months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court and on that application the court may —

(a) notwithstanding subsection (1), make the judgment final;

(b) rescind the interim judgment;

(c) require further inquiry; or

(d) otherwise deal with the case as it thinks fit.

Proceedings for interim judgment of presumption of death and divorce
100. —(1) Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may file a writ to have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make an interim judgment of presumption of death and of divorce.
[42/2005]

(2) In any such proceedings, the fact that for a period of 7 years or more the other party to the marriage has been continually absent from the plaintiff, and the plaintiff has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead until the contrary is proved.
[42/2005]

(3) Section 99 shall apply to a writ and a judgment under this section as it applies to a writ for divorce and a judgment of divorce, respectively.
[42/2005]
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  #18  
Old 15-05-2011, 11:29 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 2 — JUDICIAL SEPARATION


Judicial separation
101. —(1) A writ for judicial separation may be filed in court by either party to a marriage on the ground and circumstances set out in section 95(3), and that section shall, with the necessary modifications, apply in relation to such a writ as it applies in relation to a writ for divorce.[42/2005]

(2) Where a court grants a judgment of judicial separation, it shall no longer be obligatory for the plaintiff to cohabit with the defendant.[42/2005]

(3) The court may, on an application by writ of the spouse against whom a judgment of judicial separation has been made and on being satisfied that the allegations in the writ are true, rescind the judgment at any time on the ground that it was obtained in the absence of the plaintiff or, if desertion was the ground of the judgment, that there was reasonable cause for the alleged desertion.[42/2005]

Judicial separation no bar to writ for divorce
102. —(1) A person shall not be prevented from filing a writ for divorce, or the court from pronouncing a judgment of divorce, by reason only that the plaintiff or defendant has at any time been granted a judicial separation upon the same or substantially the same facts as those proved in support of the writ for divorce.[42/2005]

(2) On any such writ for divorce, the court may treat the judgment of judicial separation as sufficient proof of the adultery, desertion or other ground on which it was granted, but the court shall not grant a judgment of divorce without receiving evidence from the plaintiff.[42/2005]

(3) For the purposes of any such writ for divorce, a period of desertion immediately preceding the institution of proceedings for a judgment of judicial separation shall, if the parties have not resumed cohabitation and the judgment has been continuously in force since it was granted, be deemed immediately to precede the filing of the writ for divorce.[42/2005]

Judicially separated spouses not entitled to claim in intestacy of each other
103. If, while a judgment of judicial separation is in force and the separation is continuing, either of the parties whose marriage is the subject of the judgment dies intestate after 1st June 1981, all or any of his or her movable or immovable property shall devolve as if the other party to the marriage had been then dead.[42/2005]
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  #19  
Old 15-05-2011, 11:32 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 3 — NULLITY OF MARRIAGE


Writ for nullity of marriage
104. Any husband or wife may file a writ claiming for a judgment of nullity in respect of his or her marriage.[42/2005]

Grounds on which marriage is void
105. A marriage which takes place after 1st June 1981 shall be void on the following grounds only:

(a) that it is not a valid marriage by virtue of sections 3(4), 5, 9, 10, 11, 12 and 22; or

(b) where the marriage was celebrated outside Singapore, that the marriage is invalid —

(i) for lack of capacity; or

(ii) by the law of the place in which it was celebrated.[42/2005]

Grounds on which marriage is voidable
106. A marriage which takes place after 1st June 1981 shall be voidable on the following grounds only:

(a) that the marriage has not been consummated owing to the incapacity of either party to consummate it;

(b) that the marriage has not been consummated owing to the wilful refusal of the defendant to consummate it;

(c) that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;

(d) that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Disorders and Treatment Act (Cap. 178) of such a kind or to such an extent as to be unfit for marriage;

(e) that at the time of the marriage the defendant was suffering from venereal disease in a communicable form;

(f) that at the time of the marriage the defendant was pregnant by some person other than the plaintiff.[42/2005]

Bars to relief where marriage is voidable
107. —(1) The court shall not, in proceedings instituted after 1st June 1981, grant a judgment of nullity on the ground that a marriage is voidable (whether the marriage took place before or after that date) if the defendant satisfies the court that —

(a) the plaintiff, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the defendant as to lead the defendant reasonably to believe that he would not seek to do so; and

(b) it would be unjust to the defendant to grant the judgment.[42/2005]

(2) Without prejudice to subsection (1), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(c), (d), (e) or (f) unless it is satisfied that proceedings were instituted within 3 years from the date of the marriage.[42/2005]

(3) Without prejudice to subsections (1) and (2), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(e) or (f) unless it is satisfied that the plaintiff was, at the time of the marriage, ignorant of the facts alleged.[42/2005]

(4) Subsection (1) replaces, in relation to the grounds mentioned in section 106, any rule of law whereby a judgment may be refused by reason of approbation, ratification or lack of sincerity on the part of the plaintiff or on similar grounds.[42/2005]

Marriage governed by foreign law
108. Where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside Singapore, nothing in section 105, 106 or 107 shall —

(a) preclude the determination of the matter as aforesaid; or

(b) require the application to the marriage of the grounds or bars to relief mentioned in those sections except so far as are applicable in accordance with those rules.[42/2005]

Application of sections 97 and 99 to nullity proceedings
109. Sections 97 and 99 shall apply in relation to proceedings for nullity of marriage as if for any reference in those sections to divorce there were substituted a reference to nullity of marriage.[42/2005]

Effect of judgment of nullity in case of voidable marriage
110. —(1) If the court finds that the plaintiff’s case has been proved, it shall grant a judgment of nullity.[42/2005]

(2) A judgment of nullity granted after 1st June 1981 on the ground that a marriage is voidable shall operate to annul the marriage only as respects any time after the judgment has been made final, and the marriage shall, notwithstanding the judgment, be treated as if it had existed up to that time.
[42/2005]

Legitimacy of children of annulled marriages
111. —(1) Where a marriage is annulled, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the judgment shall be deemed to be their legitimate child, notwithstanding the annulment.[42/2005]

(2) The child of a void marriage born on or after 2nd May 1975 shall be deemed to be the legitimate child of his parents if, at the date of such void marriage, both or either of the parties reasonably believed that the marriage was valid.[42/2005]
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  #20  
Old 15-05-2011, 11:35 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 4 — FINANCIAL PROVISIONS CONSEQUENT ON MATRIMONIAL PROCEEDINGS


Power of court to order division of matrimonial assets
112. —(1) The court shall have power, when granting or subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage, to order the division between the parties of any matrimonial asset or the sale of any such asset and the division between the parties of the proceeds of the sale of any such asset in such proportions as the court thinks just and equitable.[42/2005]

(2) It shall be the duty of the court in deciding whether to exercise its powers under subsection (1) and, if so, in what manner, to have regard to all the circumstances of the case, including the following matters:

(a) the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets;

(b) any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage;

(c) the needs of the children (if any) of the marriage;

(d) the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party;

(e) any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce;

(f) any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party;

(g) the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business; and

(h) the matters referred to in section 114(1) so far as they are relevant. [42/2005]

(3) The court may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under this section.[42/2005]

(4) The court may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made. [42/2005]

(5) In particular, but without limiting the generality of subsections (3) and (4), the court may make any one or more of the following orders:

(a) an order for the sale of any matrimonial asset or any part thereof, and for the division, vesting or settlement of the proceeds;

(b) an order vesting any matrimonial asset owned by both parties jointly in both the parties in common in such shares as the court considers just and equitable;

(c) an order vesting any matrimonial asset or any part thereof in either party;

(d) an order for any matrimonial asset, or the sale proceeds thereof, to be vested in any person (including either party) to be held on trust for such period and on such terms as may be specified in the order;

(e) an order postponing the sale or vesting of any share in any matrimonial asset, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order;

(f) an order granting to either party, for such period and on such terms as the court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party; and

(g) an order for the payment of a sum of money by one party to the other party. [42/2005]

(6) Where under any order made under this section one party is or may become liable to pay to the other party a sum of money, the court may direct that it shall be paid either in one sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions (including a condition requiring the payment of interest) as the court thinks fit. [42/2005]

(7) Where, pursuant to this section, the court makes an order for the sale of any matrimonial asset and for the division, application or settlement of the proceeds, the court may appoint a person to sell the asset and divide, apply or settle the proceeds accordingly; and the execution of any instrument by the person so appointed shall have the same force and validity as if it had been executed by the person in whom the asset is vested. [42/2005]

(8) Any order under this section may be made upon such terms and subject to such conditions (if any) as the court thinks fit. [42/2005]

(9) Where the court, by any order under this section, appoints a person (including the Registrar or other officer of the court) to act as a trustee or to sell any matrimonial asset and to divide, apply and settle the proceeds thereof, the court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his costs and expenses. [42/2005]

(10) In this section, “matrimonial asset” means —

(a) any asset acquired before the marriage by one party or both parties to the marriage —

(i) ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes; or

(ii) which has been substantially improved during the marriage by the other party or by both parties to the marriage; and

(b) any other asset of any nature acquired during the marriage by one party or both parties to the marriage,

but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage. [42/2005]

Power of court to order maintenance
113. The court may order a man to pay maintenance to his wife or former wife —

(a) during the course of any matrimonial proceedings; or

(b) when granting or subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage. [42/2005]

Assessment of maintenance
114. —(1) In determining the amount of any maintenance to be paid by a man to his wife or former wife, the court shall have regard to all the circumstances of the case including the following matters:

(a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c) the standard of living enjoyed by the family before the breakdown of the marriage;

(d) the age of each party to the marriage and the duration of the marriage;

(e) any physical or mental disability of either of the parties to the marriage;

(f) the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family; and

(g) in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring.[42/2005]

(2) In exercising its powers under this section, the court shall endeavour so to place the parties, so far as it is practicable and, having regard to their conduct, just to do so, in the financial position in which they would have been if the marriage had not broken down and each had properly discharged his or her financial obligations and responsibilities towards the other.[42/2005]

Power of court to order security for maintenance

115. —(1) A maintenance order may provide for the payment of a lump sum or such periodical payment as the court may determine. [42/2005]

(2) The court may, in its discretion, when awarding maintenance, order the person liable to pay such maintenance to secure the whole or any part of it by vesting any property in trustees upon trust to pay the maintenance or part thereof out of the income from that property and, subject thereto, in trust for the settlor. [42/2005]

Compounding of maintenance
116. An agreement for the payment, in money or other property, of a capital sum in settlement of all future claims to maintenance, shall not be effective until it has been approved, or approved subject to conditions, by the court, but when so approved shall be a good defence to any claim for maintenance. [42/2005]
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  #21  
Old 15-05-2011, 11:36 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 4 — FINANCIAL PROVISIONS CONSEQUENT ON MATRIMONIAL PROCEEDINGS

Duration of orders for maintenance
117. Except where an order for maintenance is expressed to be for any shorter period or where any such order has been rescinded, an order for maintenance shall expire —

(a) if the maintenance was unsecured, on the death of the husband or of the wife, whichever is the earlier, or upon the remarriage of the wife;

(b) if the maintenance was secured, on the death of the wife or upon the remarriage of the wife.[42/2005]

Power of court to vary orders for maintenance
118. The court may at any time vary or rescind any subsisting order for maintenance, whether secured or unsecured, on the application of the person in whose favour or of the person against whom the order was made, or, in respect of secured maintenance, of the legal personal representatives of the latter, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.[42/2005]

Power of court to vary agreements for maintenance
119. Subject to section 116, the court may at any time and from time to time vary the terms of any agreement as to maintenance made between husband and wife, whether made before or after 1st June 1981, where it is satisfied that there has been any material change in the circumstances and notwithstanding any provision to the contrary in any such agreement.
[42/2005]

Maintenance payable under order of court to be inalienable
120. Maintenance payable to any person under any order of court shall not be assignable or transferable or liable to be attached, sequestered or levied upon for, or in respect of, any debt or claim whatsoever.[42/2005]

Recovery of arrears of maintenance
121. —(1) Subject to subsection (3), arrears of unsecured maintenance, whether payable by arrangement or under an order of court, shall be recoverable as a debt from the defaulter and, where they accrued due before the making of a bankruptcy order against the defaulter, shall be provable in his bankruptcy and, where they accrued due before his death, shall be a debt due from his estate.[42/2005]

(2) Subject to subsection (3), arrears of unsecured maintenance which accrued due before the death of the person entitled thereto shall be recoverable as a debt by the legal personal representatives of such person.
[42/2005]

(3) No amount owing as maintenance shall be recoverable in any suit if it accrued due more than 3 years before the institution of the suit unless the court, under special circumstances, otherwise allows.[42/2005]
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  #22  
Old 15-05-2011, 12:28 PM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 5 — WELFARE OF CHILDREN


Meaning of “child”

122. In this Chapter, wherever the context so requires, “child” means a child of the marriage as defined in section 92 but who is below the age of 21 years.[42/2005]

Arrangements for welfare of children
123. —(1) Subject to this section, the court shall not make final any judgment of divorce or nullity of marriage or grant a judgment of judicial separation unless the court is satisfied as respects every child —

(a) that arrangements have been made for the welfare of the child and that those arrangements are satisfactory or are the best that can be devised in the circumstances; or

(b) that it is impracticable for the party or parties appearing before the court to make any such arrangements.[42/2005]

(2) The court may, if it thinks fit, proceed without observing the requirements of subsection (1) if —

(a) it appears that there are circumstances making it desirable that the interim judgment be made final or, as the case may be, that the judgment of judicial separation should be granted without delay; and

(b) the court has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the child before the court within a specified time.[42/2005]

(3) In this section and section 124, “welfare”, in relation to a child, includes the custody and education of the child and financial provision for him.[42/2005]

Custody of children
124. In any proceedings for divorce, judicial separation or nullity of marriage, the court may, at any stage of the proceedings, or after a final judgment has been granted, make such orders as it thinks fit with respect to the welfare of any child and may vary or discharge the said orders, and may, if it thinks fit, direct that proceedings be commenced for placing the child under the protection of the court.[42/2005]

Paramount consideration to be welfare of child
125. —(1) The court may at any time by order place a child in the custody of his or her father or his or her mother or (where there are exceptional circumstances making it undesirable that the child be entrusted to either parent) of any other relative of the child or of any organisation or association the objects of which include child welfare, or of any other suitable person.[42/2005]

(2) In deciding in whose custody a child should be placed, the paramount consideration shall be the welfare of the child and subject to this, the court shall have regard —

(a) to the wishes of the parents of the child; and

(b) to the wishes of the child, where he or she is of an age to express an independent opinion.[42/2005]

Orders subject to conditions
126. —(1) An order for custody may be made subject to such conditions as the court may think fit to impose and, subject to such conditions, if any, as may from time to time apply, shall entitle the person given custody to decide all questions relating to the upbringing and education of the child.[42/2005]

(2) Without prejudice to the generality of subsection (1), an order for custody may —

(a) contain conditions as to the place where the child is to reside, as to the manner of his or her education and as to the religion in which he or she is to be brought up;

(b) provide for the child to be temporarily in the care and control of some person other than the person given custody;

(c) provide for the child to visit a parent deprived of custody, or any member of the family of a parent who is dead or has been deprived of custody, at such times and for such periods as the court may consider reasonable;

(d) give a parent deprived of custody or any member of the family of a parent who is dead or has been deprived of custody the right of access to the child at such times and with such frequency as the court may consider reasonable; or

(e) prohibit the person given custody from taking the child out of Singapore.
[42/2005]

(3) Notwithstanding subsection (1) but subject to any condition imposed under subsection (2)(e), where an order for custody is in force, no person shall take the child who is the subject of the custody order out of Singapore except with the written consent of both parents or the leave of the court.
[42/2005]

(4) Subsection (3) does not prevent the taking out of Singapore for a period of less than one month of the child by the person given custody of the child or by any other person who has the written consent of the person given custody of the child to take the child out of Singapore.[42/2005]

(5) Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.[42/2005]

Power of court to order maintenance for children
127. —(1) During the pendency of any matrimonial proceedings or when granting or at any time subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage, the court may order a parent to pay maintenance for the benefit of his child in such manner as the court thinks fit.
[42/2005]

(2) The provisions of Parts VIII and IX shall apply, with the necessary modifications, to an application for maintenance and a maintenance order made under subsection (1).[42/2005]

Power of court to vary order for custody
128. The court may at any time vary or rescind any order for the custody of a child on the application of any interested person, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances. [42/2005]

Power of court to vary agreement for custody
129. The court may, at any time and from time to time, vary the terms of any agreement relating to the custody of a child, whether made before or after 1st June 1981, notwithstanding any provision to the contrary in that agreement, where it is satisfied that it is reasonable and for the welfare of the child to do so. [42/2005]

Court to have regard to advice of welfare officers, etc.
130. When considering any question relating to the custody of any child, the court shall, whenever it is practicable, take the advice of some person, whether or not a public officer, who is trained or experienced in child welfare but shall not be bound to follow such advice.[42/2005]

Power of court to restrain taking of child out of Singapore
131. —(1) The court may, on the application of the father or mother of a child —

(a) where any matrimonial proceedings are pending; or

(b) where, under any agreement or order of court, one parent has custody of the child to the exclusion of the other,

issue an injunction restraining the other parent from taking the child out of Singapore or may give leave for such child to be taken out of Singapore either unconditionally or subject to such conditions or such undertaking as the court may think fit.[42/2005]

(2) The court may, on the application of any interested person, issue an injunction restraining any person, other than a person having custody of a child, from taking the child out of Singapore.[42/2005]

(3) Failure to comply with an order made under this section shall be punishable as a contempt of court.[42/2005]

Power of court to set aside and prevent dispositions intended to defeat claims to maintenance
132. —(1) Where —

(a) any matrimonial proceedings are pending;

(b) an order has been made under section 112 and has not been complied with;

(c) an order for maintenance has been made under section 113 or 127 and has not been rescinded; or

(d) maintenance is payable under any agreement to or for the benefit of a wife or former wife or child,

the court shall have power on application —

(i) if it is satisfied that any disposition of property has been made by the husband or former husband or parent of the person by or on whose behalf the application is made, within the preceding 3 years, with the object on the part of the person making the disposition of reducing his or her means to pay maintenance or of depriving his wife or former wife of any rights in relation to that property, to set aside the disposition; and

(ii) if it is satisfied that any disposition of property is intended to be made with any such object, to grant an injunction preventing that disposition.
[42/2005]

(2) In this section —

"disposition" includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered but does not include a disposition made for money or money’s worth to or in favour of a person acting in good faith and in ignorance of the object with which the disposition is made;

"property" means property of any nature, movable or immovable, and includes money.
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  #23  
Old 15-05-2011, 12:30 PM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 6 — GENERAL PROVISIONS


Procedure
133. Subject to the provisions of this Part, all proceedings under this Part shall be regulated by the Rules of Court.[42/2005]

Evidence
134. —(1) In proceedings under this Part, the parties and the husbands and wives of such parties shall be competent and compellable to give evidence.
[42/2005]

(2) No witness whether a party to the proceedings or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery unless such witness has already given evidence in the same proceedings in disproof of his or her alleged adultery. [42/2005]

Sittings in camera
135. The whole or any part of any proceedings under this Part may be heard, if the court thinks fit, in camera. [42/2005]

Power to rescind interim judgment in certain cases
136. Where the court on granting a judgment of divorce held that the only fact mentioned in section 95(3) on which the plaintiff was entitled to rely in support of his writ was that mentioned in section 95(3)(d), the court may, on an application made by the defendant at any time before the judgment is made final, rescind the judgment if it is satisfied that the plaintiff misled the defendant (whether intentionally or unintentionally) about any matter which the defendant took into account in deciding to consent to the grant of a judgment. [42/2005]

Appeals
137. —(1) All judgments and orders made by the court in proceedings under this Part shall be enforced, and may be appealed from, as if they were judgments or orders made by the court in the exercise of its original civil jurisdiction. [42/2005]

(2) There shall be no appeal on the subject of costs only. [42/2005]

Power to allow intervention on terms
138. In any case in which any person is alleged to have committed adultery with any party to any proceedings under this Part, or in which the court considers, in the interest of any person not already a party to the proceedings, that that person should be made a party to the proceedings, the court may, if it thinks fit, allow that person to intervene upon such terms, if any, as the court thinks just. [42/2005]

Power to make rules
139. —(1) A committee constituted by the following persons may make rules to fix and regulate the fees and costs payable upon all proceedings under this Part, and also such rules concerning the practice and procedure under this Part as they consider expedient:

(a) the Chief Justice;

(b) a Judge of the Supreme Court to be appointed by the Chief Justice for such period as he may specify in writing;

(c) a District Judge to be appointed by the Chief Justice for such period as he may specify in writing; and

(d) 2 practising advocates and solicitors to be appointed by the Chief Justice for such period as he may specify in writing. [42/2005;2/2007]

(2) Rules made under subsection (1) may prescribe the forms to be used in proceedings under this Part. [42/2005]

(3) All such rules shall be presented to Parliament as soon as possible after publication in the Gazette. [42/2005]
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  #24  
Old 15-05-2011, 04:04 PM
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Re: All you need to know about the WOMEN'S CHARTER

PART XI
OFFENCES AGAINST WOMEN AND GIRLS


Offences relating to prostitution
140. —(1) Any person who —

(a) sells, lets for hire or otherwise disposes of or buys or hires or otherwise obtains possession of any woman or girl with intent that she shall be employed or used for the purpose of prostitution either within or without Singapore, or knowing or having reason to believe that she will be so employed or used;

(b) procures any woman or girl to have either within or without Singapore carnal connection except by way of marriage with any male person or for the purpose of prostitution either within or without Singapore;

(c) by threats or intimidation procures any woman or girl to have carnal connection except by way of marriage with any male person either within or without Singapore;

(d) brings into Singapore, receives or harbours any woman or girl knowing or having reason to believe that she has been procured for the purpose of having carnal connection except by way of marriage with any male person or for the purpose of prostitution either within or without Singapore and with intent to aid such purpose;

(e) knowing or having reason to believe that any woman or girl has been procured by threats or intimidation for the purpose of having carnal connection except by way of marriage with any male person, either within or without Singapore, receives or harbours her with intent to aid such purpose;

(f) knowing or having reason to believe that any woman or girl has been brought into Singapore in breach of section 142 or has been sold or purchased in breach of paragraph (a) receives or harbours her with intent that she may be employed or used for the purpose of prostitution either within or without Singapore;

(g) detains any woman or girl against her will on any premises with the intention that she shall have carnal connection except by way of marriage with any male person, or detains any woman or girl against her will in a brothel;

(h) detains any woman or girl in any place against her will with intent that she may be employed or used for the purpose of prostitution or for any unlawful or immoral purpose;

(i) has carnal connection with any girl below the age of 16 years except by way of marriage; or

(j) attempts to do any act in contravention of this section,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to a fine not exceeding $10,000.
[26/80]

(2) Any male person who is convicted of a second or subsequent offence under subsection (1)(a), (b), (c), (d), (e) or (f) shall, in addition to any term of imprisonment awarded in respect of such offence, be liable to caning.
[26/80]

(3) For the purposes of this section, it shall be presumed until the contrary is proved that —

(a) a person who takes or causes to be taken into a brothel any woman or girl has disposed of her with the intent or knowledge mentioned in subsection (1)(a);

(b) a person who receives any woman or girl into a brothel has obtained possession of her with the intent or knowledge mentioned in subsection (1)(a);

(c) a person has detained a woman or girl in any brothel or place against her will if, with intent to compel or induce her to remain therein, that person —

(i) withholds from that woman or girl any wearing apparel or any other property belonging to her or any wearing apparel commonly or last used by her;

(ii) where wearing apparel or any other property has been lent or hired out or supplied to that woman or girl, threatens her with legal proceedings if she takes away such wearing apparel or property; or

(iii) threatens that woman or girl with legal proceedings for the recovery of any debt or alleged debt or uses any other threat whatsoever.

(4) Subject to subsection (5) and notwithstanding anything in section 79 of the Penal Code (Cap. 224), a reasonable mistake as to the age of a girl shall not be a defence to a charge of an offence under subsection (1)(i).
[51/2007]

(5) In the case of a man who at the time of the alleged offence was below the age of 21 years, the presence of a reasonable mistaken belief that the girl was of or above the age of 16 years shall be a valid defence to a charge of an offence under subsection (1)(i), provided that at the time of the offence, he has not previously been charged in court for an offence under subsection (1)(i), or section 376A, 376B, 376C or 376E of the Penal Code, or section 7 of the Children and Young Persons Act (Cap. 38).[51/2007]

Traffic in women and girls
141. —(1) Any person who buys, sells, procures, traffics in, or brings into or takes out of Singapore for the purpose of such traffic, and whether or not for the purpose of present or subsequent prostitution, any woman or girl, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to a fine not exceeding $10,000.

(2) No person shall be charged with an offence under this section if he satisfies the Director that the woman or girl brought into or taken out of Singapore by him or intended to be brought into or taken out of Singapore by him was so brought into or taken out of Singapore or is intended to be so brought into or taken out of Singapore for the purpose of her marriage or adoption and that such marriage or adoption can be solemnized or made and has been or will be solemnized or made under the laws and customs for the time being in force in Singapore.

Importation of woman or girl by false pretences
142. Any person who by or under false pretence, false representation or fraudulent or deceitful means made or used either within or without Singapore brings into, or takes out of, or assists in bringing into, or assists in taking out of, Singapore any woman or girl —

(a) with intent that she shall be employed or used for the purpose of prostitution either within or without Singapore;

(b) knowing or having reason to believe that she will be so employed or used; or

(c) whether or not for the purpose of present or future prostitution,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to a fine not exceeding $10,000.[26/80]

Permitting girl below the age of 16 to use premises for sexual penetration
143. Any person who is the owner or occupier of any premises, or who has, or acts or assists in, the management or control of any premises, induces or knowingly permits a girl below the age of 16 years to resort to or be on those premises for the purpose of engaging in sexual penetration except by way of marriage with any male person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both. [26/80;51/2007]

Permitting mental defective to use premises for sexual penetration
144. —(1) Subject to subsection (2), any person who is the owner or occupier of any premises or who has, or acts or assists in, the management or control of any premises, induces or knowingly permits a woman who is a mental defective to resort to or be on those premises for the purpose of engaging in sexual penetration except by way of marriage with any male person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both.[26/80;51/2007]

(2) A person shall not be guilty of an offence under this section because he induces or knowingly permits a mental defective to resort to or be on any premises for the purpose mentioned, if he does not know and has no reason to suspect her to be a mental defective.[26/80]
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  #25  
Old 15-05-2011, 04:06 PM
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Re: All you need to know about the WOMEN'S CHARTER

PART XI
OFFENCES AGAINST WOMEN AND GIRLS


Causing or encouraging prostitution of, sexual penetration with, or indecent assault on, girl below the age of 16
145. —(1) Any person who causes or encourages the prostitution of, or the commission of unlawful sexual penetration of or an indecent assault on, a girl below the age of 16 years for whom he is responsible shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both. [26/80;51/2007]

(2) Where a girl has become a prostitute, or has engaged in unlawful sexual penetration, or has been indecently assaulted, a person shall be deemed for the purposes of this section to have caused or encouraged it, if he knowingly allowed her to consort with or to enter or continue in the employment of, any prostitute or person of known immoral character. [26/80;51/2007]

(3) The persons who are to be treated for the purposes of this section as responsible for a girl are (subject to subsection (4)) —

(a) any person who is her parent or legal guardian;

(b) any person who has actual possession or control of her, or to whose charge she has been committed by her parent or legal guardian or by a person having the custody of her; and

(c) any other person who has the custody, charge or care of her. [26/80]

(4) In subsection (3) —

"legal guardian" , in relation to any girl, means any person who is for the time being her guardian, having been appointed according to law by deed or will or by order of a court of competent jurisdiction;

"parent" , in relation to any girl, does not include a person deprived of the custody of her by order of a court of competent jurisdiction but (subject to that), in the case of a girl who has been adopted under the Adoption of Children Act (Cap. 4), or any enactment thereby repealed, means her adopters and, in the case of a girl who is illegitimate (and has not been so adopted), means her mother and any person who has been adjudged to be her putative father. [26/80]

(5) If, on a charge of an offence against a girl under this section, the girl appears to the court to have been below the age of 16 years at the time of the offence charged, she shall be presumed for the purposes of this section to have been so, unless the contrary is proved. [26/80]

Persons living on or trading in prostitution
146. —(1) Any person who knowingly lives wholly or in part on the earnings of the prostitution of another person shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to a fine not exceeding $10,000.

(2) Any male person who is convicted of a second or subsequent offence under this section shall, in addition to any term of imprisonment imposed in respect of such offence, be liable to caning.

(3) Where any person is proved to live with or be habitually in the company of any prostitute or is proved to have exercised control, direction or influence over the movements of any prostitute in such a manner as to show that the person is aiding, abetting or compelling her prostitution with any other person or generally, the person shall, in the absence of proof to the contrary, be deemed to be knowingly living on the earnings of prostitution.

Suppression of places of assignation
147. —(1) Any person who keeps, manages or assists in the management of a place of assignation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) Any person who keeps, manages or assists in the management of a club or a place of public resort which is used as a place of assignation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 5 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 10 years or to both.

Suppression of brothels
148. —(1) Any person who keeps, manages or assists in the management of a brothel shall be guilty of an offence under this section.

(2) Any person who is the tenant, lessee, occupier or person in charge of any place which is used as a brothel shall, unless he proves that he has no knowledge that the place is used as a brothel, be guilty of an offence under this section.

(3) Any person who being the tenant, lessee, occupier or person in charge of any place lets such place or any part thereof shall, notwithstanding such letting, be guilty of an offence under subsection (2) if the place or any part thereof is used as a brothel, unless he proves that he has no knowledge that the place or any part thereof is used as a brothel.

(4) Any person who being the owner of any place or the agent of that owner lets the same or any part thereof with the knowledge that the place or some part thereof is to be used as a brothel or is wilfully a party to the continued use of the place or any part thereof as a brothel shall, notwithstanding such letting, be guilty of an offence under this section.

(5) Any person who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.

(6) In any proceedings under this Part, any evidence given by any police officer not below the rank of sergeant that any place has been used as a brothel or a place of assignation shall, until the contrary is proved, be deemed to be sufficient evidence of the fact. [26/80]

Notice to owner and occupier
149. —(1) Where the Director has reason to believe that a place is being used as a brothel or as a place of assignation, he may serve or cause to be served a notice in the prescribed form on the owner of the place, as well as the occupier thereof.

(2) If the owner or occupier is not otherwise known, service shall be made on the person inscribed in the books kept under any written law for the time being in force as the owner or occupier of the place; and if the name of the owner or occupier is not inscribed in those books or if the name of the owner or occupier cannot by the exercise of due diligence be found, then the notice may be served by affixing it to the principal outer door or upon the outside of any door or window or any conspicuous part of the place.

(3) Every occupier receiving a notice under this section shall forthwith inform the owner or the person from whom he rents the place of the fact of receipt of the notice who shall in like manner inform the owner or the person from whom he rents the place and so on till the notice is brought to the knowledge of the owner, each tenant being responsible for bringing the notice to the knowledge of his immediate lessor.

(4) Any occupier who refuses or omits to inform the owner or the person from whom he rents the premises that a notice under this section has been received shall be liable to prosecution under section 225C of the Penal Code (Cap. 224).

(5) If, in proceedings under this Part, it is proved that the notice under subsection (1) has been served on the owner or occupier of a place, it shall be presumed that the place is so kept, managed or used to the knowledge or with the permission of the owner or occupier of the place.

Determination of tenancy of places on conviction for permitting use as brothel, etc.
150. —(1) Upon the conviction of the occupier of any place for any offence under section 147 or 148 in respect of the place, the owner of the place shall within one month require the person so convicted to deliver up possession of the place to the owner, and in the event of the person so convicted failing within one month of being so required to deliver up possession as aforesaid, the owner of the place shall be entitled to determine the lease or contract of tenancy but without prejudice to the rights or remedies of any party to the lease or contract accrued before the date of such determination.

(2) Where the owner of any place has determined the lease or contract of tenancy in accordance with subsection (1) and the occupier has not delivered up possession of the place after such determination, a Magistrate’s Court may, on the application of the owner, make a summary order for the delivery of possession of the place to the owner.

(3) If the occupier disobeys any order made by a Magistrate’s Court under subsection (2), he shall be liable to the penalty prescribed in that behalf in section 188 of the Penal Code (Cap. 224).

Demolition of structural contrivances for facilitating the running of a place of assignation or of a brothel

151. Whenever it appears to a court, upon the trial of any offence under section 147 or 148, that the place in or in respect of which the offence is alleged to have been committed is a place of assignation or a brothel, and that the same is fitted or provided with any means or contrivances such as staircases, doors and partitions, ladders, planks, platforms, posts, palings, fences, locks, bars, bolts or any other things which appear to it to have been specially erected or constructed for the purpose of facilitating the carrying on of a place of assignation or of a brothel at the place, the court shall order the demolition of such means or contrivances.
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  #26  
Old 15-05-2011, 04:09 PM
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Re: All you need to know about the WOMEN'S CHARTER

PART XI
OFFENCES AGAINST WOMEN AND GIRLS

Authority of courts to issue arrest and search warrants
152. If any court has reason to believe that any place is used by a woman or girl for the purpose of prostitution and that any other person residing in or frequenting the house is living wholly or in part on the immoral earnings of that woman or girl, the court may issue a warrant authorising the Director or any public officer nominated by the Minister or any police officer not below the rank of sergeant to enter and search the place and to arrest such person. [21/73]

Trials in camera in certain cases
153. —(1) When any person is charged with or convicted of having committed any offence under this Part, or of having committed or attempted to commit or attempted to cause the commission of any offence under section 354, 354A, 375, 376, 376A, 376B, 376C, 376D, 376E, 376F, 376G or 377B of the Penal Code in respect of any woman or girl, the court conducting a preliminary inquiry into, or trying the offence, or hearing any appeal or special case or any point reserved by a Judge of the High Court in relation to the offence, may order that all proceedings before it shall be dealt with in camera.
[51/2007]

(2) Whenever any such order is made, the court shall not be deemed an open court, and the court shall order that no person shall have access to or be or remain in the court except such persons as are necessary for the purpose of the proceedings.

(3) The court shall order proceedings before it to be dealt with in camera in any case where the girl in respect of whom an offence referred to in subsection (1) is alleged to have been committed has not attained the age of 16 years.[51/2007]

(4) No newspaper report of any proceedings under this Part in any court shall reveal —

(a) the name or address or include any particulars given in the proceedings calculated to lead to the identification; or

(b) the name or address of any witness, or the particulars of any evidence given by the witness in the proceedings, which may lead to the identification,

of any woman or girl in respect of whom the offence is alleged to have been committed nor shall any picture be published in any newspaper as being or including the picture of the woman or girl or witness. [26/80]

(5) Any person who publishes any matter in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

Trial of offences
154. —(1) All offences under this Part shall be triable by a District Court.

(2) No prosecution shall be instituted in respect of any such offence without the consent of the Director or the Public Prosecutor or his deputy.

(3) Any District Court may, notwithstanding anything in the Criminal Procedure Code (Cap. 68), impose the full punishment prescribed by this Part in respect of any offence.

(4) Prosecutions in respect of offences committed under this Part may, with the authorisation of the Public Prosecutor, be conducted by the Director or any officer of the Ministry of Community Development, Youth and Sports authorised in writing in that behalf by the Director.[14/69]

Detention pending judicial proceedings
155. —(1) Any court inquiring into or trying an offence punishable under this Part or under section 309, 312, 313, 317, 354, 370, 371, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376D, 376E, 376F, 376G or 377B of the Penal Code (Cap. 224) or defined in section 321, 322, 339, 340, 350, 351, 360, 361 or 362 of the Penal Code may order any woman or girl in respect of whom the offence is alleged to have been committed to be detained temporarily until the determination of the proceedings against the person accused.
[51/2007]

(2) Where an order is made under subsection (1), the Director shall receive such woman or girl and shall put her in a place of safety and shall there detain her until the determination of the proceedings.

(3) Notwithstanding the determination of the proceedings against the accused person, the Director may, by warrant under his hand, order the detention in a place of safety of any woman or girl referred to in this section whom he considers is in need of protection, and thereupon such arrangements shall be made for her welfare as the Director considers necessary.

(4) In exercising his powers under subsection (3), the Director shall not contravene section 161.

Director may examine women and girls and person in charge of them
156. —(1) If the Director has reasonable cause to believe that —

(a) any woman or girl has been brought into Singapore either after having been purchased or by fraud, misrepresentation or any false pretence whether or not for the purpose of prostitution or of being sent from Singapore;

(b) the custody of any woman or girl has been acquired either after having been purchased or by fraud, misrepresentation or any false pretence whether or not for the purpose of prostitution or of being sent from Singapore;

(c) any woman or girl has been purchased either within or without Singapore for the purpose of being used, trained or disposed of as a prostitute; or

(d) any woman or girl is being detained against her will for the purpose of prostitution or of being sent from Singapore for immoral purposes,

the Director, or any person authorised in that behalf by him in writing, may require the woman or girl and any person who appears to have the custody or control of her to appear before him at any reasonable time and at any convenient place.

(2) The Director may examine the woman or girl as to her reasons for entering or being in Singapore and may examine the person respecting the woman or girl, and the woman or girl and the person shall be legally bound to answer such questions truthfully to the best of their ability.

(3) The Director may also require any person in whose custody or under whose control the woman or girl appears to be to furnish him with copies of her and the person"s photograph and to furnish security to the satisfaction of the Director that she will not leave Singapore without the previous consent in writing of the Director and will not be trained or disposed of as a prostitute or for immoral purposes and will not, whether by way of adoption, marriage or otherwise, be transferred to the care and custody of any other person without the previous consent in writing of the Director and that she will be produced before the Director whenever he requires it.

(4) In default of such photographs and security being given, the Director may by warrant under his hand order the woman or girl to be removed to a place of safety and there detained until she can be returned to the place from where she was brought or until other proper provision can be made for her welfare.

(5) Where the Director has reason to believe that the woman or girl may be sent from Singapore, he may issue an order for her to be detained in a place of safety until the determination of any inquiry or until after such arrangement has been made for her welfare as the Director considers necessary.

Inspection
157. —(1) The Director or any officer generally or specially authorised in that behalf in writing by the Director may at any time visit and inspect the place where any woman or girl in respect of whom security has been furnished under section 156 lives or is believed to live or to be.

(2) The Director or any authorised officer may inquire into the condition and circumstances of the woman or girl and for the purposes of the inquiry the Director or officer may require any person to answer any question he may think proper to ask.

(3) Any person who —

(a) obstructs or hinders or attempts to obstruct or hinder the Director or any authorised officer in the exercise of the powers conferred by this section; or

(b) refuses to answer to the best of his knowledge and belief any question which he is legally bound to answer and which is asked of him by any officer appointed or authorised under this Part,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.

Security on departure of woman or girl from Singapore
158. —(1) Whenever the Director is of opinion that it is in the interests of any woman or girl as is referred to in section 156 that she should be permitted to leave Singapore, the Director may grant permission upon being supplied with such photographs of the woman or girl as he may require and upon security being given to his satisfaction that the person in whose custody or control she appears to be will bring her before such public officer within such period and at such destination as may be specified in the bond.

(2) The giving of such further security shall not relieve any person who furnished the security required by section 156 from any obligation under the conditions of the bond entered into under that section, other than the condition relating to departure from Singapore, unless the public officer in the territory where such woman or girl then resides obtains fresh security conditioned in the manner specified in that section.

(3) A certificate under the hand of the public officer referred to in subsection (1) that such woman or girl has not been brought before him shall in any legal proceedings be conclusive evidence to that effect, unless the court requires that officer to be called as a witness.
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  #27  
Old 15-05-2011, 04:15 PM
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Re: All you need to know about the WOMEN'S CHARTER

PART XI
OFFENCES AGAINST WOMEN AND GIRLS


Woman or girl below the age of 21 trained or used for immoral purposes, etc.
159. —(1) If the Director has reasonable cause to believe that any woman or girl below the age of 21 years is being trained or used for immoral purposes or lives in or frequents any brothel or is habitually in the company of prostitutes or brothel keepers or procuresses or persons employed or living in brothels or persons directly interested in the business carried on in brothels or by prostitutes, the Director may, by warrant under his hand, order the woman or girl to be removed to a place of safety and there temporarily detained until an inquiry has been held by him.

(2) If the Director after holding such inquiry is satisfied that the woman or girl comes within subsection (1), he may, by warrant under his hand, order her to be detained in a place of safety.

Director may order detention of woman or girl in certain cases
160. —(1) Any woman or girl —

(a) whose lawful guardian requests the Director in writing to detain her in a place of safety;

(b) whom the Director considers is in need of protection and whose lawful guardian cannot be found;

(c) whom the Director believes to have been ill-treated and is in need of protection; or

(d) whom the Director considers to be in moral danger,

may, by warrant under the hand of the Director, be ordered to be removed to a place of safety and there detained until he has held an inquiry as to the circumstances of her case.

(2) Every such inquiry shall be completed within a period of one month from the date of the woman’s or girl’s admission into the place of safety.

(3) If, after holding such inquiry, the Director is satisfied that the woman or girl is in need of protection, the Director may by warrant under his hand order that the woman or girl be detained in a place of safety for such period as he may determine.[26/80]

(4) Where a girl has been detained in a place of safety at the request of her lawful guardian, she may be so detained for such period as the Director has determined is necessary for her rehabilitation notwithstanding any request made by her lawful guardian for her early release.[26/80]

Period of detention of woman or girl in place of safety
161. A woman or girl shall not be detained under this Part, except for the purpose of an inquiry, after such arrangements have been made for her welfare as the Director considers necessary or after she attains the age of 21 years or marries.

Marriage not to be contracted without consent of Director
162. No woman or girl detained under the provisions of this Part or in respect of whom security has been furnished under section 156(3) shall contract any form of marriage without the previous consent in writing of the Director.
[14/69]

Women and girls in urgent need of refuge
163. —(1) Any woman or girl may on her own application be received by the Director into a place of safety if the Director is satisfied that the woman or girl is in urgent need of refuge.

(2) Where the situation warrants it, the person in charge of any place of safety may receive into that place of safety any woman or girl who makes an application to her.

(3) Where the person in charge of a place of safety receives any woman or girl into that place of safety in accordance with subsection (2), she shall, within 48 hours of the admission of the woman or girl, produce her before the Director with a full report of the circumstances.

Transfer of women or girls from one place of safety to another place of safety within Singapore
164. —(1) Whenever an order has been made under section 155(3), 156, 159 or 160 for the detention of a woman or girl in a place of safety and it appears to the Director to be expedient in the interests of the woman or girl that she should be transferred from such place of safety to another place of safety within Singapore, it shall be lawful for the Director to issue an order that she shall be so transferred.

(2) No woman or girl admitted into a place of safety in Singapore on the request in writing of her lawful guardian under section 160(1)(a) shall be so transferred from such place of safety except with the approval in writing of her lawful guardian.

Removal of women or girls to Malaysia, Brunei Darussalam or Hong Kong by order of Minister
165. —(1) Whenever an order has been made under section 155(3), 156, 159 or 160 for the detention of a woman or girl in a place of safety and it appears to the Minister to be expedient in the interests of the woman or girl that she should be removed from such place of safety and transferred to a place of safety established in Malaysia, Brunei Darussalam or Hong Kong under the provisions of any law for the time being in force in Malaysia, Brunei Darussalam or Hong Kong, as the case may be, for the protection of women and girls, it shall be lawful for the Minister to issue an order that she shall be removed to such place of safety established in Malaysia, Brunei Darussalam or Hong Kong.

(2) No woman or girl admitted into a place of safety in Singapore on the request in writing of her lawful guardian under section 160(1)(a) shall be so removed from such place of safety except with the approval in writing of her lawful guardian.

(3) The order for removal under this section shall be addressed to the person in charge of the place of safety in which the woman or girl is detained and shall direct such person to deliver her to the person mentioned in that order for removal at such place in Malaysia, Brunei Darussalam or Hong Kong and in such manner as may be specified in that order for the purpose of transfer as aforesaid; and the woman or girl shall be delivered up and shall be transferred accordingly.

(4) The Minister may direct that any condition, not inconsistent with the provisions of this Part, which may be prescribed by the provisions of any law for the time being in force in Malaysia, Brunei Darussalam or Hong Kong for the reception of women and girls from Singapore into Malaysia, Brunei Darussalam or Hong Kong, and the detention therein of such women and girls shall be observed.

(5) Any woman or girl removed under this Part to a place of safety in Malaysia, Brunei Darussalam or Hong Kong may, if she so desires, on being discharged from such place of safety, be returned to Singapore.

Appeal
166. An appeal shall lie from any order made by the Director under this Part to the Minister whose decision shall be final and shall not be questioned in any court.

Women and girls may be received into and detained in Singapore
167. —(1) Whenever the government of Malaysia, Brunei Darussalam or Hong Kong makes a representation to the Minister that it is expedient that any woman or girl whose detention in a place of safety has been ordered by the authority empowered by the law of such territory should be removed to Singapore for detention in a place of safety within Singapore, and satisfies the Minister that provision will be made for the payment of all expenses that may be incurred in the reception, maintenance and detention of, or otherwise in relation to, the woman or girl, the Minister, if it appears to him that there is sufficient accommodation for the woman or girl in a place of safety within Singapore, may by warrant under his hand in the prescribed form direct the woman or girl, when brought into Singapore, to be received therein and conveyed to a place of safety specified in such warrant and to be there detained until discharged in due course of law or until further order.

(2) The representation mentioned in subsection (1) shall be delivered under the hand of the Minister or the officer for the time being charged with the responsibility for making such a representation on behalf of the government concerned.

(3) Every warrant purporting to be issued in pursuance of this Part and to be under the hand of the Minister shall be received in evidence in every court without further proof and shall be evidence of the facts therein stated, and all acts done in pursuance of that warrant shall be deemed to have been authorised by law.

Women and girls so received to be subject to local law
168. Any woman or girl received into Singapore under section 167 shall be dealt with in Singapore in like manner as if her detention in a place of safety had been ordered by the Director by warrant under his hand, and shall be subject to all laws and regulations in force in Singapore.

Women and girls detained to be subject to rules
169. —(1) Every woman or girl detained under this Part shall be subject to such rules as are prescribed.

(2) Every woman or girl detained or ordered to be detained under this Part who leaves any place in which she is detained otherwise than in accordance with such rules may be arrested and taken back to such place by any police officer or by any officer duly authorised thereto either specially or generally by the Director.

(3) Any person who —

(a) induces or assists any woman or girl detained under this Part to leave or escape from the place in which she is detained; or

(b) receives or harbours such woman or girl knowing or having reason to believe that she has escaped from a place of safety,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.[26/80]
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  #28  
Old 15-05-2011, 04:15 PM
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Re: All you need to know about the WOMEN'S CHARTER

PART XI
OFFENCES AGAINST WOMEN AND GIRLS


Director may cause persons to be photographed
170. —(1) Whenever the Director, after inquiry, has reason to believe that a breach of any of the provisions of this Part is about to be or has been committed by any person, the Director may direct that the person be photographed, and his finger impressions taken.

(2) The person so directed shall submit to be photographed and to have his finger impressions taken at such time and place and in such manner as the Director may think fit and in default of so doing shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.

(3) Any person whose finger impressions and photograph have been taken under subsection (1) may apply on the expiry of 5 years from the date when such finger impressions and photograph were taken for the return of such finger impressions and photograph and the Director shall, unless the person has in such period of 5 years been convicted of any offence under this Part, deliver to the person the sheet upon which his finger impressions have been made together with the negative and all copies of any photograph taken of him, or, if no such application is received within 3 months from the period specified in this subsection, shall destroy such sheet and every such negative and photograph.

Power to summon and examine persons in certain circumstances
171. —(1) The Director may summon any person who he has reason to believe can give any information —

(a) regarding any woman or girl in respect of whom he has reasonable cause to believe that an offence under this Part is or may be committed or who he has reasonable cause to believe is or may be liable to be dealt with under section 156, 159 or 160; or

(b) regarding any place which he has reasonable cause to believe is being used as a brothel, a place of assignation or for the purpose of prostitution.

(2) The person so summoned shall attend at the time and place specified in the summons and shall produce all documents in his custody, possession or control relating to the woman or girl or place, as the case may be, and shall answer truthfully all questions which the Director may put to him respecting the woman or girl or place or in any way relating to the matter being inquired into, and where the inquiry relates to any woman or girl, the person shall also, if so required by the Director, produce the woman or girl, unless the person is able to satisfy the Director that he is unable to do so.

(3) The Director shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224) and may administer oaths to and examine on oath any person summoned before him for the purposes of this Part.

(4) Any person summoned who fails to attend at the time and place specified in the summons or to do any of the other acts referred to in subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.

(5) The Director shall not be compellable in any judicial proceedings to answer any questions as to the grounds of his decision or belief in any case dealt with by him under this Part or as to anything which came to his knowledge in any inquiry made by him as Director.

(6) The Director may, during or after such inquiry as is referred to in subsection (2), arrest or cause to be arrested any person whom he has reasonable cause to believe to be liable to prosecution for any offence under this Part committed in respect of the woman or girl or place, and may seize and detain any article, book, document or account which he may have reason to believe to relate to such offence.

Record of evidence
172. The Director shall, at any inquiry held by him, take down and record the evidence taken by him upon such inquiry and of his decision thereon and shall furnish to the High Court a copy of such notes of evidence when called upon to do so by order of a Judge of the High Court suppressing in such copy the name of any person from whom information has been derived if he thinks it expedient to do so.

Power of search
173. —(1) The Director, or any person being either a person employed in the Ministry of Community Development, Youth and Sports, or a police officer not below the rank of sergeant or an officer of the Immigration and Checkpoints Authority, and being generally or specially authorised for that purpose in writing by the Director, may enter, and for that purpose use force if necessary, and search —

(a) any place where the Director, person or officer has reasonable cause to believe that an offence under this Part has been or is being committed; and

(b) any person in that place,

and may remove any woman or girl who is or may be liable to be dealt with under section 156, 159 or 160 to a place of safety to be there detained until her case is inquired into, except that no woman shall be searched other than by a woman.
[14/69;21/73]

(2) Any person who refuses to be searched or refuses the Director, person or officer access to such place or otherwise obstructs or hinders him in effecting an entrance to such place or in removing any such woman or girl shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.

Power of arrest and seizure
174. —(1) The Director, or any person being either a person employed in the Ministry of Community Development, Youth and Sports, or a police officer not below the rank of sergeant or an officer of the Immigration and Checkpoints Authority, and being generally or specially authorised for that purpose in writing by the Director, may arrest or cause to be arrested any person reasonably believed to be liable to prosecution for an offence under section 140, 141, 142, 143, 144, 145, 146, 147 or 148 and may seize, and for that purpose use force if necessary, and detain any article, book, document or account which he may have reason to believe to relate to such offence.
[14/69;21/73]

(2) Where any person is arrested by the Director or any person mentioned in subsection (1), the Director or person making the arrest shall comply with sections 68 and 85 of the Criminal Procedure Code 2010 as if he were a police officer.

(3) Any person who obstructs or hinders the Director or any person mentioned in subsection (1) in the arrest of any such suspected person or in the seizure or detention of any such article, book, document or account shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.

Presumption arising out of warrants
175. —(1) Every warrant or summons purporting to be issued in pursuance of this Part and to be under the hand and seal of the Director shall be received in evidence in any court without further proof and shall be prima facie evidence of the facts therein stated.

(2) All acts done in pursuance of such warrant or summons shall be deemed to have been authorised by law.

Appointment of officers
176. The Minister may, by notification in the Gazette, appoint such officers as he may think fit for the purposes of this Part and may by that notification confer upon those officers all or any of the powers conferred and duties imposed upon the Director by this Part.

Minister may establish places of safety
177. The Minister may, by order published in the Gazette, establish such places of safety as may be necessary for the purposes of this Part.
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  #29  
Old 15-05-2011, 04:19 PM
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Re: All you need to know about the WOMEN'S CHARTER

PART XI
OFFENCES AGAINST WOMEN AND GIRLS


Boards of Visitors
178. —(1) The Minister may, by notification in the Gazette, appoint for every place of safety a Board of Visitors to advise and make recommendations to the Director on such matters as he may refer to it.

(2) A Board of Visitors may be appointed for one or more places of safety as the Minister thinks fit.

(3) A Board of Visitors shall consist of such number of persons as the Minister may determine.
[30/96]

(4) Every person appointed under subsection (1) may enter at reasonable times any place of safety and make such inquiry or examination therein as appears to him necessary and shall also make such report as the Minister may require.[30/96]

(5) Notwithstanding subsection (1), the Minister may direct a Board of Visitors —

(a) to visit any place which is established for the purposes of care and reception of women and girls and which is not a place of safety; and

(b) to make such inquiry or examination therein as appears to the Board necessary and also to make such report as the Minister may require.[30/96]

(6) Any person who refuses admittance to any place of safety or any place referred to in subsection (5) to any member of a Board of Visitors, the Director or any officer deputed by the Director for the purpose or who offers any hindrance or obstruction to any such persons after his identity is reasonably established shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.[30/96]

Discharge Committees
179. —(1) The Minister may appoint for every place of safety a Discharge Committee which shall advise and make recommendations to the Director on the discharge and aftercare of women and girls in such place of safety.

(2) A Discharge Committee may be appointed in respect of one or more places of safety as the Minister thinks fit.

(3) A Discharge Committee shall consist of such number of persons as the Minister may determine.[30/96]

(4) The Discharge Committee shall review all cases of women and girls when they have been detained for 6 months, and may, after such review, recommend to the Director that any woman or girl shall be discharged or released on licence.[9/67;14/69;26/80]

(5) The Director, on the advice of the Discharge Committee, shall have power to order the discharge or the release on licence of any woman or girl who has been detained in a place of safety for 6 months and on such conditions as may be stated by him in that order.[26/80]

(6) Any woman or girl released from a place of safety on licence by order of the Director, who breaks the conditions of her licence, shall be brought before the Director, who shall have power to order the return of the woman or girl to the place of safety from which she was released, to be detained there for such further period as the Director considers necessary, except where the woman or girl concerned, by reason of any act or omission committed while on licence, renders herself liable to prosecution for any offence, in which case she shall be brought before the appropriate court.[26/80]
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Old 15-05-2011, 04:22 PM
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Re: All you need to know about the WOMEN'S CHARTER

PART XII
MISCELLANEOUS


Rules
180. —(1) Subject to section 139, the Minister may make rules generally for carrying out the provisions of this Act and, in particular, may make rules providing for —

(a) the forms to be used for the purposes of this Act;

(b) the practice and procedure for the keeping of registers of marriages and certificates of marriage;

(c) the supply and custody of registers and certificates;

(d) the preparation and submission of returns under this Act;

(e) the making of searches and the giving of certified copies;

(f) the care, detention, discipline, discharge and aftercare, temporary absence, maintenance, and education of women and girls detained under Part XI;

(g) the manner and conditions in and under which the powers conferred by Part XI shall be exercised by the persons on whom such powers are conferred;

(h) the composition, duties, functions and procedure of Boards of Visitors and Discharge Committees;

(i) the procedure for appeals to the Minister; and

(j) matters required to be prescribed under this Act.
[30/96]

(2) All rules made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when such rules are so presented annulling the rules or any part thereof as from a specified date, the rules or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.[9/67]

(3) Any person who contravenes any rules made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.

Marriages solemnized before 15th September 1961 deemed to be registered under this Act
181. —(1) Nothing in this Act shall affect the validity of any marriage solemnized under any law, religion, custom or usage prior to 15th September 1961.[9/67]

(2) Such marriages, if valid under the law, religion, custom or usage under which they were solemnized, shall be deemed to be registered under the provisions of this Act.

(3) Every such marriage, unless void under the law, religion, custom or usage under which it was solemnized, shall continue until dissolved —

(a) by the death of one of the parties;

(b) by order of a court of competent jurisdiction; or

(c) by a declaration made by a court of competent jurisdiction that the marriage is null and void.[9/67]

Voluntary registration of marriages solemnized under religion or custom
182. —(1) Notwithstanding section 181, the parties to a marriage which has been solemnized under any law, religion, custom or usage may, if the marriage has not been registered, apply to the Registrar in the prescribed form for the registration of the marriage.[9/67]

(2) The Registrar may require the parties to the marriage to appear before him and to produce such evidence of the marriage, either oral or documentary, as he may require, and to furnish such other particulars as may be required by him.[9/67]

(3) The Registrar may, on being satisfied of the truth of the statements contained in the application, register the marriage by entering the particulars thereof in the certificate of marriage.[9/67;30/96]

(4) The entry of the marriage in the certificate of marriage shall be signed by the Registrar and the parties to the marriage.[9/67;30/96]

(5) The Registrar shall not register a marriage under this section if he is satisfied that the marriage is void under the provisions of this Act.[9/67]

Recognition of marriages contracted in Embassies, etc., in Singapore
183. —(1) Nothing in this Act shall prevent the solemnization in Singapore of a marriage in any foreign Embassy, High Commission or Consulate in Singapore.[26/80]

(2) A marriage contracted in any foreign Embassy, High Commission or Consulate in Singapore shall be recognised as valid for all purposes of the law of Singapore if all the following requirements are satisfied:

(a) it was contracted in a form required or permitted by the law of the country whose Embassy, High Commission or Consulate it is, or in a form permitted under this Act;

(b) each of the parties had, at the time of the marriage, capacity to marry under the law of the country of his or her domicile or under the law of the country of the intended domicile of the parties after marriage; and

(c) in the case where either of the parties is a citizen of or is domiciled in Singapore, both parties had capacity to marry under this Act.[26/80]

Validity of customary marriages contracted on or after 15th September 1961 and before 2nd June 1967

184. —(1) For the avoidance of doubt, it is hereby declared that every marriage contracted or effected on or after 15th September 1961 and before 2nd June 1967 in accordance with the law, religion, custom or usage of the parties or any of the parties thereto shall be valid if the marriage is not contracted or effected in contravention of sections 4 and 10.[8/75]

(2) This section shall not apply to any such marriage which has been declared to be null and void by an order of the High Court prior to 2nd May 1975.[9/67]

Saving for petitions presented before 1st June 1981
185. —(1) The Women’s Charter (Amendment) Act 1980 (Act 26 of 1980) (including the repeals and amendments made by it) shall not have effect in relation to any petition for divorce or judicial separation, for a decree of nullity or for a decree of presumption of death and dissolution of the marriage presented before 1st June 1981.

(2) Without prejudice to any provision of this Act, neither collusion nor any other conduct on the part of the petitioner which has at any time been a bar to relief in matrimonial proceedings shall constitute a bar to the grant of a decree nisi of divorce, a decree of judicial separation, a decree of nullity or a decree of presumption of death and dissolution of the marriage, whether the marriage took place, or the proceedings were instituted, before or after 1st June 1981, and the court shall not be required to dismiss an application for a decree nisi of divorce to be made absolute on the ground of collusion between the parties in connection with the presentation or prosecution of the petition for divorce or the obtaining of the decree nisi or on the ground of any conduct on the part of the petitioner.

Savings for proceedings before 1st May 1997
186. —(1) Nothing in section 12 shall affect any proceedings under the Women"s Charter commenced before 1st May 1997 or any decree, order or judgment made or given (whether before or after that date) in any such proceedings.

(2) Nothing in Part VII shall affect proceedings instituted under the repealed sections 68 and 69 of the Women’s Charter (Cap. 353, 1985 Ed.) before 1st May 1997 and those sections in force immediately before that date shall continue to apply to the proceedings as if the Women’s Charter (Amendment) Act 1996 (Act 30 of 1996) had not been enacted.

(3) Section 112 shall not apply to the hearing of any proceedings which has begun before 1st May 1997 under the repealed section 106 of the Women’s Charter (Cap. 353, 1985 Ed.) in force immediately before that date and the repealed section 106 shall continue to apply to that hearing as if the Women’s Charter (Amendment) Act 1996 (Act 30 of 1996) had not been enacted.

(4) Nothing in this section shall be taken as prejudicing section 16 of the Interpretation Act (Cap. 1).
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