A380 Flyer

I know that in SG you get the death penalty if you are found in possession of "illegal" drugs, regardless of whether you intended to traffick or not.

However, I was thinking of a scenario the other day.

What would happen if you checked in to a hotel and then a day or two later you happened to find a few small bags of cocaine under the mattress of your bed?

How can you prove they are NOT yours? In which case, should you report it to the Police or not?

How is "possession" handled in this instance?

uk1

I think the automatic death penalty was cancelled around a year or so ago. I think - from memory - they have now lost the "presumption" of "trafficing" and loosened it to include an increased amount presumed to be trafficing and exclude an amount lower presumed to be personal use. I think - again from memory - 15gms plus of herion is considered dealing and whereas before the death penalty was mandatory as I understand it appeals processes have been strengthened and the death penalty is no longer automatic.

You might want to research the changes a bit more and reform the question?

mkjr

I'd be calling local counsel to get advice. If it's like Canada, I'd think counsel would take possession and then turn it in to local authorities and preserve your identity under privilege.

Speaking of the rules, but I had to help my mother get a permit so she could bring in Ativan. Yikes. I guess people can abuse anything.

jpatokal

I would really not recommend that. Also, as a general rule of thumb, Singapore in general and its legal system in particular is nothing like Canada.

I quote from "Presumption of possession and knowledge of controlled drugs" in the Misuse of Drugs Act, Part III,
Basically, if drugs are found in your hotel room, you are presumed guilty of possession and assumed to know exactly how much there and what it is even if there is no evidence whatsoever (fingerprints etc) to link you to those drugs. Also, if there's more than 3 grams, you're not just in possession but trafficking (sec. 17(g)); and if there's more than 30 grams, you're virtually guaranteed to be sentenced to hang by the neck until dead. And if you tell the hotel you've found some drugs, they now have to report the drugs (and you) immediately to the police, or face criminal liability "to permit or suffer such place or premises or any part thereof to be opened, kept or used for ... unlawful trafficking in ... any controlled drug" (sec. 11(b)). I'm not sure what a Singaporean lawyer would think if you told him about possessing some drugs, but I doubt it makes sense for either party to get involved.

mkjr

Awesome so the place is as bad as they say. So extend your hotel stay and go to the airport and leave? And never come back?

uk1

Perhaps for the very vast majority of visitors to or citizens of Singapore who do not find themselves on the wrong side of this law, appreciate living in a comparitively drug free environment and all the crime that inevitably goes with it.

In a stirct intepretation of this strict law as placed on it previously in the thread, the hotel General Manager would equally be in posession wouldn't they? It is my understanding from from what has happenend in practise since the recent changes to the law, the courts take into consideration the circumstances whereas before the desth sentence was automatic.

tingadingling

I'm afraid that very often, presumption of guilt is made once the police file charges against you. I suppose it's highly unlikely that you would be found out (the hotel won't want the bad publicity) but if you are, it's in your interest to immediately get out of harm's way. Hypothetically.

anaggie

Why even call the police? Flush it down the toilet, ask to change rooms and move forward with your life.

Or have one hell of a party !!

mkjr

Awesome. I'm going to make sure I always have a quick get away plan.

mkjr

Nice. I can say I probably would not enjoy a drink or two with you. But that's fine.....I guess.

uk1

How perplexingly and needlessly rude. And rather a pathetic method of trying to identify potential "drinking buddies".

jpatokal

Per sec. 11(b), the landlord is only liable if they become aware that illegal activity is taking place and they "permit or suffer" such activity to take place.

uk1

I guess that technically means they would be in the clear the moment they find something and report it, but also human nature being what it is it represents a real dilemma because they might be concerned that the police might produce a case against them ie "how could you not know ...."

Horrible situation to find yourself in.

The upside I guess is a relatively low drugs and drugs related crime problem.

A380 Flyer

Well, in this situation, I think I would probably now just head straight to the airport and fly to another country, to get out of Singapore. Doesn't matter what country.

If Singaporean police come after me in another country, which country would be an Asian Switzerland where I could stay in limbo without fear of being deported?

And to the other poster, I don't think you could flush it down the toilet as then you would "know" about the drugs and would have touched them with your own hands. And what if the drug were found in the sewers having came from your hotel room?

Annalisa12

I don't drink or smoke or do drugs however, I do breathe a sign of relief when I arrive back safely in Australia after travelling to various Asian countries. Even if only 1 person of those caught is actually guilty it is scary. Death probably awaits anyhow.