Human Trafficking Flashcards
What is the purpose of The Prevention of Human Trafficking Act (PHTA)?
a) It serves as a deterrent piece of legislation and provides a formal definition of trafficking-in-persons (TIP) to cover key elements making out the offence.
b) To prevent humans from becoming a sex slaves.
A
The objectives of the PHTA are four-fold:
a) It clarifies Singapore’s legal regime by providing a formal definition of
trafficking-in-persons (“TIP”) and prescribing appropriate penalties to allow Singapore to deal with human trafficking in a more targeted and deterrent manner.
b) It empowers enforcement agencies (Police, MOM, ICA officers and MOH inspectors) with the necessary investigation and enforcement levers to tackle TIP.
c) It provides measures to protect and support trafficked victims, and encourage the reporting of trafficking or suspected trafficking activities.
d) It brings Singapore closer in line with international standards, and uplift efforts to combat TIP in Singapore and the surrounding region.
e) None of the above
f) all of the above
F
Definition of TIP: Any person who recruits, transports, transfers, harbours or receives an individual by means of…
a) the threat or use of force or other forms of coercion
b) abduction;
c) fraud or deception;
d) the abuse of power;
e) the abuse of a position of the vulnerability of the individual; or
f) the giving to, or the receipt by, another person having control over that
individual of any money or other benefit to secure that other person’s consent
g) none
h) all of the above
H
definition of exploitation
- sexual exploitation
- removal of organs, forced labour, slavery or practices similar to slavery or servitude.
What are three necessary elements for the offence to be made out:
a) Act
b) Means
c) Purpose of exploitation
Act
There must be an “act” of recruitment, transportation, transfer, harbouring or receipt of an individual.
Means
The act must be accompanied by “means” of a threat or use of force, or any other form of coercion, of abduction, or fraud, or deception, or of an abuse of power or a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over the trafficked victim.
Purpose of exploitation
These must be done for the “purpose of exploitation”, such as sexual exploitation, forced labour, or organ removal.
What are the features of the PHTA?
a) Gender-neutral
b)Irrelevance of consent
c)Lower threshold in making out a TIP offence in the case of a child victim
d)Ability to go after persons who abet the TIP offence, as well as those who
knowingly obtain a financial gain from the trafficking activity but who are
not involved in the trafficking offence or the abetment of it
e) none
f) all of the above
F
Extraterritoriality
o Trafficking Offence – Person who commits a TIP offence partly in and partly outside Singapore, is to be taken to task as though the entire act took place in Singapore under Section 3(4) of the PHTA.
o Abetment of the Trafficking Offence
Person abets a TIP offence committed outside Singapore but the
acts of abetment were committed in Singapore
Person abets a TIP offence in Singapore but the acts of abetment were committed outside Singapore (under Penal Code)
Under Section 3 (Trafficking in person), who is the target, what is the maximum Penalty for 1st offence and Max Penalty for 2nd or subsequent offence?
a)Person who carries out TIP, Up to 10 years imprisonment and up to $100,000 fine
The Court may order caning of up to 6 strokes, Up to 15 years imprisonment, up to $150,000 fine, and up to 9 strokes of caning
b) Ringleaders/ masterminds, agents and middlemen,Up to 10 years imprisonment and up to $100,000 fine
The Court may order caning of up to 6 strokes, Up to 15 years imprisonment, up to $150,000 fine, and up to 9 strokes of caning
c) Person who obtains a financial gain from the trafficked activity but who is not directly involved in the offence itself/in the abetment of it,Up to 10 years imprisonment and up to $100,000 fine
The Court may order caning of up to 6 strokes, Up to 15 years imprisonment, up to $150,000 fine, and up to 9 strokes of caning
A
Under Abetment of Trafficking in Persons (Section 5), who is the target, what is the maximum Penalty for 1st offence and Max Penalty for 2nd or subsequent offence?
a)Person who carries out TIP, Up to 10 years imprisonment and up to $100,000 fine
The Court may order caning of up to 6 strokes, Up to 15 years imprisonment, up to $150,000 fine, and up to 9 strokes of caning
b) Ringleaders/ masterminds, agents and middlemen,Up to 10 years imprisonment and up to $100,000 fine
The Court may order caning of up to 6 strokes, Up to 15 years imprisonment, up to $150,000 fine, and up to 9 strokes of caning
c) Person who obtains a financial gain from the trafficked activity but who is not directly involved in the offence itself/in the abetment of it,Up to 10 years imprisonment and up to $100,000 fine
The Court may order caning of up to 6 strokes, Up to 15 years imprisonment, up to $150,000 fine, and up to 9 strokes of caning
B
Under Section 6, Persons who receive payments in connection with the exploitation of trafficked victims, who is the target, what is the maximum Penalty for 1st offence and Max Penalty for 2nd or subsequent offence?
a)Person who carries out TIP, Up to 10 years imprisonment and up to $100,000 fine
The Court may order caning of up to 6 strokes, Up to 15 years imprisonment, up to $150,000 fine, and up to 9 strokes of caning
b) Ringleaders/ masterminds, agents and middlemen, Up to 10 years imprisonment and up to $100,000 fine
The Court may order caning of up to 6 strokes, Up to 15 years imprisonment, up to $150,000 fine, and up to 9 strokes of caning
c) Person who obtains a financial gain from the trafficked activity but who is not directly involved in the offence itself/in the abetment of it,Up to 10 years imprisonment and up to $100,000 fine
The Court may order caning of up to 6 strokes, Up to 15 years imprisonment, up to $150,000 fine, and up to 9 strokes of caning
C
What are some of the protection measures for the victim?
a)Director of Social Welfare has the discretion to provide trafficked victims with such assistance as he considers practicable and necessary,
including but not limited to temporary shelter and counselling
b) Court can order in-camera proceedings for sexual exploitation cases;
mandatory for child victims
c) Publication gag order for sexual exploitation cases to protect victim’s
identity
d) Food, medical, consular support
e) Temporary employment
f) all of the above
g) none
F
What can Employment Agencies do to prevent human trafficking in Singapore?
a) Ensure that Foreign Workers/ Foreign domestic are placed in the job that they were brought into Singapore for
b) Adopt responsible recruitment policies
c) Report to Singapore Police Force (SPF) / Ministry of Manpower (MOM) when you come across possible sex/labour TIP cases.
d) Be aware of the employment conditions of Foreign Domestic Workers and/or Foreign Workers that you place out
e) all of the above
f) none of the above
E
How can Employment Agencies do to prevent human trafficking in Singapore?
a) Ensure that the foreigner is aware of his/her job scope and terms of employment in Singapore
b) Do not proceed with the job placement if you have reason to believe that the Employer has intentions to exploit the foreigner in any way
c) Ensure foreigners have your contact details and contact details of MOM, SPF and embassies
d) Make it clear to the Employer that they are not allowed to abuse their Employees
e) Contact foreigners regularly and check on his/her well-being especially during first few months of deployment
f) all of the above
g) none of the above
F
What are some of the Employment Agencies’ Roles in identifying & preventing TIP offences?
a) Employment Agencies have a duty of care toward their clients, including foreigners whom they bring into Singapore for employment
b) To the best of your ability, ensure that the foreigner is aware of his/her job scope and terms of employment
c) Do not proceed with the job placement if you have reason to believe that the Employer has intentions to exploit the foreigner in any way
d) Make it clear to the Employer that they are not allowed to abuse their employees
e) Ensure foreigners have your contact details, as well as contact details of
MOM, SPF and relevant embassies
f) Establish means of communications with foreigner and check on his/her well-
being especially during first few months of deployment
g) Alert MOM or SPF if you suspect trafficking activities
h) all of the above
I) none
H
