limlim,
This legislation was drafted as a \"strict liability\" offence whereby an offender will be automatically guilty regardless of intent. In PP v Tan Chye Hin, the High Court judge had given a sentencing benchmark that spells out the culpability spectrum, whereby it was defined that the only way an offender could have gotten off with a fine was that he was shown a fake IC that causes him to believe that the girl was of legal age. Do note that this still means that the verdict will be guilty even if the offender was deceived.
Also, if you had read the article, it was already stated that the girl had in her possession an IC stating her age as 19, and not as a 40 year old man. It is also stated that she had wanted to bring along the IC when meeting up with the client, why do you think this is so? To show off her private fake IC collection as you claim? Now I think it is obvious what her intentions for the fake IC is for, and hence I do not see any point in arguing for the sake of arguing by throwing in unlikely and far fetched scenarios.
Now in the case of rape, if no objection was given then obviously it is rape but if consent was given then no rape occurred. So definitely the actions (or inaction if you may so argue) definitely is a factor for consideration. Just look at the recent PP v Ong Ming Hwee.
In the case of murder, charges may be amended to a lesser charge based on the actions of the other party, such as whether the accused had acted in self defence, whether there was provocation etc. How do you prove \"intent\"? Through examination of the circumstances which must include the actions of the other party.
You don't believe how easily can a person be charged or held ransom? Well if today I'm a 17 year old, I prostitute myself and deceive you into thinking I'm above age, and then to tell you actually I'm a minor. And then I ask you to pay me a sum of money failing which I will report you to the police, do you think the man will pay up or dare me to report police, especially after seeing how this case is being handled? Maybe you're thinking it should be obvious if the IC is fake? Well of cos if she's using her dad or mom's IC then it's a dead giveaway, but do you think someone with the intent to cheat will be so dumb? Go look at the clubs, how many girls are entering the clubs with fake ICs?
Going to your example of a handphone shop. If we apply the same logic of this law to the law pertaining to possession of stolen goods, it would mean that the shop is automatically guilty as long as the stolen handphone is in its possession, even if it had checked the IC of the seller (and whether the seller had used a fake IC or not is irrelevant to the guilt of the shop). Does this sound fair to you?
Renting of property to illegal immigrants; even if you were shown forged documents and reasonably believed that they were real and had unwittingly broken the law, you would still be found guilty. It's not even about checking or not checking. Read here: http://www.singapore-window.org/sw00/000407st.htm Again, is this fair?
I agree with you that demand for underaged prostitution is undesirable and will lead to exploitation of minors, but in this case, was the demand for underaged prostitution in the first place??