PART 2 GENERAL PROVISIONS RELATING TO
INTERNAL SECURITY |
Chapter 1 — Prohibition of organisations and
associations of a political or quasi‑military
character and uniforms, etc. |
| Prohibition of uniforms of political or quasi-military organisations |
3. The Minister may from time to time by order prohibit the wearing in public places or at meetings or gatherings to which the public or any section of the public has access, of —| (a) | any uniform or dress which signifies association with any political organisation or with the promotion of any political object; or | | (b) | any uniform, dress or emblem by members or adherents of any organisation or association specified or described in the order, whether incorporated or not when, in the opinion of the Minister, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed —| (i) | in usurping the functions of the police or of the Singapore Armed Forces; or | | (ii) | for the use or display of physical force in promoting any political or other object or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose. |
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| 4. Every person who wears any prohibited uniform, dress or emblem in contravention of an order made under section 3 shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both. |
| Prohibition of quasi-military organisations |
5.—(1) If the members or adherents of any association of persons, whether incorporated or not, are —| (a) | organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Singapore Armed Forces; or | | (b) | organised or trained or equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political or other object, or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose, |
| then any member or adherent of such association shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both; and any person who promotes or conspires with another to promote, or who takes part in the control or management of, the association, or in so organising or training as aforesaid any member or adherent thereof, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both: |
| Provided that in any proceedings against any person charged with the offence of taking part in the control or management of such an association as aforesaid it shall be a defence to that charge to prove that he neither consented to nor connived at the organisation, training or equipment of any member or adherent of the association in contravention of this section. |
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| (2) No prosecution for any offence under this section shall be instituted except with the consent of the Public Prosecutor. |
(3) If upon application being made by or on behalf of the Public Prosecutor it appears to the General Division of the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of this section, the General Division of the High Court may —| (a) | make such order as appears necessary to prevent any disposition without the permission of the General Division of the High Court of property held by or for the association; [Act 25 of 2021 wef 01/04/2022] | | (b) | direct an inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association; | | (c) | make such further order as appears to the General Division of the High Court to be just and equitable for the application of such property in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or, with the approval of the General Division of the High Court, since that date in or towards the repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid, and in or towards any costs incurred in connection with any such inquiry and report as aforesaid or in winding up or dissolving the association; and | | (d) | order that any property which is not directed by the General Division of the High Court to be so applied as aforesaid shall be forfeited to the Government. [40/2019] |
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| (4) In any criminal or civil proceedings under this section proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the control or management of an association or in organising, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association were organised or trained or equipped. |
| (5) If a Magistrate or the Commissioner of Police is satisfied by information that there is reasonable ground for suspecting that an offence under this section has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may, on an application made by a police officer not below the rank of sergeant, grant a search warrant authorising any such officer with or without assistance to enter the premises or place at any time within one month from the date of the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid. |
| (6) No woman shall, in pursuance of any warrant issued under subsection (5), be searched except by a woman. |
| (7) Nothing in this section shall be construed as prohibiting the employment of a reasonable number of persons as stewards at any public meeting held upon private premises with the permission of the owner of those premises, or the making of arrangements for that purpose or the instruction of the persons to be so employed in their lawful duties as such stewards, or their being furnished with badges or other distinguishing signs. |
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6.—(1) Any person other than a member of the Singapore Armed Forces or the police or of a volunteer force or local force constituted under any written law in force in Singapore, or of any other force which is a visiting force for the purposes of Part 1 of the Visiting Forces Act 1960 or of any organisation or association specially exempted by the Minister, who —| (a) | is present at or attends any meeting or assembly of persons for the purpose of training or drilling themselves in the use of arms or of being so trained or drilled, or for the purpose of practising military exercises, movements or evolutions; or | | (b) | is present at or attends any such meeting or assembly for the purpose of training or drilling any other person or persons in the use of arms or the practice of military exercises, movements or evolutions, |
| shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both. |
(2) Any person, other than a member of the Singapore Armed Forces or the police or of a volunteer force or local force constituted under any written law in force in Singapore, or of any other force lawfully present in Singapore under any law for the time being in force relating to visiting forces or of any organisation or association specially exempted by the Minister, who —| (a) | trains or drills any other person in the use of arms or the practice of military exercises, movements or evolutions; or | | (b) | takes part in the control or management of any association or organisation whose members are trained or drilled in the practice of military exercises, movements or evolutions, |
| shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. |
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| Prohibition of uniforms, emblems, etc. |
7.—(1) The Minister may, if he considers it in the national interest to do so, by order prohibit the manufacture, sale, use, wearing, display or possession of any flag, banner, badge, emblem, device, uniform or distinctive dress or any part thereof.| (2) Any person contravening any provision of an order made under this section shall be guilty of an offence under this Part. |
| (3) Any article in respect of which an offence has been committed under this section may be seized and destroyed or otherwise dealt with as the Minister may direct, whether or not the identity of the offender is known and whether or not any prosecution has been commenced in respect of the offence. |
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| Chapter 2 — Powers of preventive detention |
8.—(1) If the President is satisfied with respect to any person that, with a view to preventing that person from acting in any manner prejudicial to the security of Singapore or any part thereof or to the maintenance of public order or essential services therein, it is necessary to do so, the Minister shall make an order —| (a) | directing that such person be detained for any period not exceeding 2 years; or | | (b) | for all or any of the following purposes:| (i) | for imposing upon that person such restrictions as may be specified in the order in respect of his activities and the places of his residence and employment; | | (ii) | for prohibiting him from being out of doors between such hours as may be specified in the order, except under the authority of a written permit granted by such authority or person as may be so specified; | | (iii) | for requiring him to notify his movements in such manner at such times and to such authority or person as may be specified in the order; | | (iv) | for prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organisation or association, or from taking part in any political activities; | | (v) | for prohibiting him from travelling beyond the limits of Singapore or any part thereof specified in the order except in accordance with permission given to him by such authority or person as may be specified in such order, |
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| and any order made under paragraph (b) shall be for such period, not exceeding 2 years, as may be specified therein, and may by such order be required to be supported by a bond. |
| (2) The President may direct that the period of any order made under subsection (1) be extended for a further period or periods not exceeding 2 years at a time. |
| (3) For the purposes of subsection (1), “essential services” means any service, business, trade, undertaking, manufacture or calling included in the Third Schedule. |
| (4) Every person detained in pursuance of an order made under subsection (1)(a) or of a direction given under subsection (2) shall be detained in such place as the Minister may direct (hereinafter referred to as a place of detention) and in accordance with instructions issued by the Minister and any rules made under subsection (5). |
| (5) The Minister may by rules provide for the maintenance and management of any place of detention and for the discipline of persons detained therein. |
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8A. In this Part, “judicial review” includes proceedings instituted by way of —| (a) | an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; | | (b) | an application for a declaration or an injunction; | | (c) | an Order for Review of Detention; and | | (d) | any other suit or action relating to or arising out of any decision made or act done in pursuance of any power conferred upon the President or the Minister by any provision of this Act. [2/1989; 42/2005] |
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| Law applicable to judicial review |
| 8B.—(1) Subject to the provisions of subsection (2), the law governing the judicial review of any decision made or act done in pursuance of any power conferred upon the President or the Minister by the provisions of this Act shall be the same as was applicable and declared in Singapore on 13 July 1971; and no part of the law before, on or after that date of any other country in the Commonwealth relating to judicial review shall apply. [2/1989] | (2) There shall be no judicial review in any court of any act done or decision made by the President or the Minister under the provisions of this Act save in regard to any question relating to compliance with any procedural requirement of this Act governing such act or decision. [2/1989] |
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| No appeals to Privy Council |
| 8C. [Repealed by Act 2 of 1994] |
| 8D. Sections 8A and 8B shall apply to any proceedings instituted by way of judicial review of any decision made or act done under the provisions of this Act, whether such proceedings have been instituted before or after 30 January 1989. [2/1989; 2/1994] |
| Duty to inform person detained of grounds of detention, etc. |
9. Whenever any person is detained under any order made under section 8(1)(a) he shall, in accordance with Article 151 of the Constitution, as soon as possible —| (a) | be informed of the grounds of his detention; | | (b) | subject to clause (3) of that Article (which provides that no authority may be required to disclose facts whose disclosure would in its opinion be against the national interest) be informed of the allegations of fact on which the order is based; and | | (c) | be given the opportunity of making representations against the order as soon as possible. |
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| Detention order may be suspended |
10. At any time after an order has been made in respect of any person under section 8(1)(a) the Minister may direct that the operation of such order be suspended subject to the execution of a bond and to such conditions —| (a) | imposing upon that person such restrictions as may be specified in the direction in respect of his activities and the places of his residence and employment; | | (b) | prohibiting him from being out of doors between such hours as may be so specified, except under the authority of a written permit granted by such authority or person as may be so specified; | | (c) | requiring him to notify his movements in such manner, at such times and to such authority or person as may be so specified; | | (d) | prohibiting him from travelling beyond the limits of Singapore or any part thereof specified in the direction except in accordance with permission given to him by such authority or person as may be so specified; | | (e) | prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organisation or association, or from taking part in any political activities; | | (f) | permitting him to return to the country to which he belongs or to any other place to which he wishes to proceed provided that the government of such place consents to receive him, |
| as the Minister sees fit; and the Minister may revoke any such direction if he is satisfied that the person against whom the order was made has failed to observe any condition so imposed or that it is necessary in the public interest that such direction should be revoked. |
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| Representations against detention order |
11.—(1) A copy of every order made by the Minister under section 8(1)(a) shall as soon as possible after the making thereof be served on the person to whom it relates, and every such person shall be entitled to make representations against the order to an advisory board.(2) For the purpose of enabling a person to make representations under subsection (1) he shall, within 14 days of the service on him of the order —| (a) | be informed of his right to make representations to an advisory board under subsection (1); and | | (b) | be furnished by the Minister with a statement in writing —| (i) | of the grounds on which the order is made; | | (ii) | of the allegations of fact on which the order is based; and | | (iii) | of such other particulars, if any, as he may in the opinion of the Minister reasonably require in order to make his representations against the order to the advisory board. |
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| (3) The President may make rules as to the manner in which representations may be made under this section and for regulating the procedure of advisory boards. |
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12.—(1) Whenever any person has made any representations under section 11(1) to an advisory board, the advisory board shall, within 3 months of the date on which such person was detained, consider such representations and make recommendations thereon to the President.| (2) Upon considering the recommendations of the advisory board under this section the President may give the Minister such directions, if any, as he thinks fit regarding the order made by the Minister; and every decision of the President thereon shall, subject to section 13, be final and shall not be called in question in any court. |
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13.—(1) Every order or direction made or given by the Minister under section 8 or 10 (including any order extended by direction of the President under section 8(2)) shall, so long as it remains in force, be reviewed by an advisory board at intervals of not more than 12 months, and the first of such reviews shall take place —| (a) | in the case of a person who is detained in a place of detention, not more than 12 months from the date on which his representations against the order were considered by an advisory board under section 12(1) or, where no such representations have been made, not more than 15 months from the date on which that person was detained in pursuance of the order; | | (b) | in the case of a person who is not detained in a place of detention, where the order has been made under section 8(1), not more than 12 months from the date on which the order was served upon that person; | | (c) | in the case of a person who has been released from a place of detention in pursuance of a direction under section 10, not more than 12 months from the date of his release. |
| (2) The advisory board shall on completing every review under subsection (1) forthwith submit to the Minister a written report of every such review, and may make therein such recommendations as it thinks fit. |
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| 13A. Where any advisory board recommends the release of any person under section 12 or 13, the person shall not be detained or further detained without the President’s concurrence under Article 151(4) of the Constitution. [11/1991] |
| Power to summon witnesses |
| 14. Every advisory board shall, for the purposes of this Act, but subject to section 16, have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents. |
| Member of advisory board deemed to be public servant |
| 15. Every member of an advisory board shall be deemed to be a public servant within the meaning of the Penal Code 1871, and shall have in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under the provisions of this Chapter the like protection and privileges as are by law given to a Judge in the execution of his office. |
| Disclosure of information |
| 16. Nothing in this Chapter or in any rules made thereunder shall require the Minister or any member of an advisory board or any public servant to disclose facts or to produce documents whose disclosure or production he considers to be against the national interest. |
17.—(1) The Minister may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person detained in pursuance of the provisions of this Chapter.| (2) Any person in course of removal under subsection (1) shall be deemed to be in lawful custody. |
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| Power to order production of detained person |
18.—(1) On proof to his satisfaction that the presence at any place of any person detained under the provisions of this Chapter, or lawfully in the custody of the police or confined in any prison whether in pursuance of the provisions of this Chapter or under an order of any court or otherwise howsoever, and notwithstanding any order of any court or other authority whatsoever, is required in the interests of justice, or for the purpose of any public or other inquiry, or in the national interest, or in the interests of the person detained, in custody or confined, the Minister may order that such person be taken to that place.| (2) Any person in course of being taken to any place in pursuance of subsection (1) and while at such place shall be kept in such custody as the Minister may direct and while in that custody shall be deemed to be in lawful custody. |
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| Saving in respect of prosecution of persons detained |
| 19. The detention of any person under this Chapter shall be without prejudice to the taking of any criminal proceedings against such person, whether during or after the period of his detention. |
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Chapter 3 — Special powers relating to
subversive publications, etc. |
| Prohibition of printing, sale, etc., of documents and publications |
20.—(1) Where it appears to the Minister charged with the responsibility for printing presses and publications that any document or publication —| (a) | contains any incitement to violence; | | (b) | counsels disobedience to the law or to any lawful order; | | (c) | is calculated or likely to lead to a breach of the peace, or to promote feelings of hostility between different races or classes of the population; or | | (d) | is prejudicial to the national interest, public order or security of Singapore, |
| he may by order published in the Gazette prohibit either absolutely or subject to such conditions as may be prescribed therein the printing, publication, sale, issue, circulation or possession of such document or publication. |
(2) An order under subsection (1) may, if the order so provides, be extended so as —| (a) | in the case of a periodical publication, to prohibit the publication, sale, issue, circulation, possession or importation of any past or future issue thereof; | | (b) | in the case of a publication which has or appears or purports to have issued from a specified publishing house, agency or other source, to prohibit the publication, sale, issue, circulation or importation of any other publication which may at any time whether before or after the date of the order have or appear or purport to have issued from such specified publishing house, agency or other source. |
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| Objections against orders under section 20 |
| 21. The proprietor or agent in Singapore of the proprietor of any publication which is the subject of an order made under section 20 may, within one month of the date of publication of the order in the Gazette, make an objection against the order to the President, whose decision shall be final and shall not be called in question in any court. |
| Printing, publishing, etc., in contravention of order under section 20 |
22. Any person who prints, publishes, sells, issues, circulates or reproduces a document or publication which is the subject of an order under section 20, or any extract therefrom, shall be guilty of an offence under this Part 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:| Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court that the document or publication in respect of which he is charged was printed, published, sold, issued, circulated or reproduced, as the case may be, without his authority, consent and knowledge, and without any want of due care or caution on his part, and that he did not know and had no reason to suspect the nature of the document or publication. |
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| Possession of documents, etc., in contravention of order under section 20 |
23.—(1) Any person who without lawful excuse has in his possession any document or publication the possession of which is prohibited by an order under section 20, or any extract therefrom, shall be guilty of an offence under this Part and shall be liable in respect of a first offence under this section to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both and, in respect of a subsequent offence to imprisonment for a term not exceeding 2 years.| (2) In any proceedings against any person for an offence under this section such person shall be presumed, until the contrary is proved, to have known the contents and the nature of the contents of any document or publication immediately after the document or publication came into his possession. |
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| Importation in contravention of order under section 20 |
| 24. Any person who imports or attempts to import or abets the importation of any document or publication or without lawful excuse has in his possession any document or publication imported in contravention of an order under section 20 shall be guilty of an offence under this Part and shall be liable in respect of a first offence under this section to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 2 years or to both and, in respect of a subsequent offence to imprisonment for a term not exceeding 3 years. |
| Posting of placards, etc. |
| 25. Any person who posts or distributes any placard, circular or other document containing any incitement to violence, or counselling disobedience to the law or to any lawful order, or likely to lead to any breach of the peace, shall be guilty of an offence under this Part. |
| Dissemination of false reports |
| 26. Any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular or other printed publication or by any other means spreads false reports or makes false statements likely to cause public alarm, shall be guilty of an offence under this Part. |
| Possession of subversive documents |
27.—(1) Any person who without lawful excuse carries or has in his possession or under his control any subversive document shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.| (2) Any person or any office bearer of any association or any responsible member or agent of any organisation who receives any subversive document shall deliver the same without delay to a police officer; and any person, office bearer, member or agent who fails to do so, or who, unless authorised to do so by a police officer not below the rank of superintendent of police, communicates to any other person, or publishes or causes to be published the contents of any such document, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. |
(3) In this section, “subversive document” means any document having in part or in whole a tendency —| (a) | to excite organised violence against persons or property in Singapore; | | (b) | to support, propagate or advocate any act prejudicial to the security of Singapore or the maintenance or restoration of public order therein or inciting to violence therein or counselling disobedience to the law thereof or to any lawful order therein; or | | (c) | to invite, request or demand support for or on account of any collection, subscription, contribution or donation, whether in money or in kind, for the direct or indirect benefit or use of persons who intend to act or are about to act, or have acted, in a manner prejudicial to the security of Singapore or to the maintenance of public order therein, or who incite to violence therein or counsel disobedience to the law thereof or any lawful order therein. |
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(4) Every document purporting to be a subversive document shall be presumed to be a subversive document until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a subversive document he shall be deemed to have known the contents and the nature of the contents of such document:| Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court — |
| | (a) | that he was not aware of the contents and the nature of the contents of the subversive document which he was carrying or had in his possession or under his control; and |
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| | (b) | that he was carrying or had the subversive document in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that such document was a subversive document. |
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| Powers of search and seizure of documents |
28.—(1) Any police officer may, without warrant and with or without assistance —| (a) | enter and search any premises; | | (b) | stop and search any vehicle, vessel, train, aircraft or individual, whether in a public place or not, |
| if he suspects that any document, publication, material or article being evidence of the commission of an offence under this Chapter is likely to be found in such vehicle, vessel, train, aircraft or on such individual, and may seize any document, publication, material or article so found. |
| (2) Any document, publication, material or article seized under subsection (1) shall be destroyed or otherwise disposed of in such manner as the Commissioner of Police may order. |
| (3) The Commissioner of Police shall, on making an order under subsection (2), if he has reason to believe that the owner, or person who was in possession immediately before such document, publication, material or article was seized, is in Singapore, cause a notice to be served on that person informing him of the terms of the order. |
(4) Any person aggrieved by an order made under subsection (2) may appeal against the order to the Minister:| Provided that no appeal against the order shall be allowed unless notice of appeal in writing, together with the reasons for the appeal, is given to the Commissioner of Police and to the Minister within 14 days of service of notice of the order under subsection (3). |
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| (5) Where an order has been made under subsection (2) it shall only be carried into effect if the order has not been appealed against or if any appeal against the order has been dismissed or abandoned. |
| (6) No woman shall be searched under this section except by a woman. |
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| Disposal of subversive documents, etc. |
29.—(1) Where proceedings are taken in respect of any offence under this Chapter the court by or before which the alleged offender is tried shall, on the request of any police officer not below the rank of assistant superintendent of police, on the final determination of those proceedings order that any document, publication, material or article being an exhibit in such proceedings be delivered to such officer for disposal under section 28(2).| (2) For the purpose of this section, any proceedings shall not be deemed to have been finally determined so long as there is pending any appeal in the matter of the proceedings; and an appeal in the matter shall be deemed to be pending during the ordinary time within which such an appeal may be lodged, and if such an appeal is duly lodged the appeal shall be deemed to be pending until it is decided or withdrawn. |
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| Chapter 4 — Control of entertainments and exhibitions |
| Power to require information |
30.—(1) The promoter and every person concerned in the promotion of any entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held shall upon the order in writing of the Minister or of any officer authorised by the Minister in that behalf furnish to the Minister or that officer such information as he may specify relating to the following matters:| (a) | particulars of persons concerned in the promotion of the entertainment or exhibition and the interests represented by those persons; | | (b) | particulars of the persons who have agreed to participate or participated in the entertainment or exhibition or have been invited to do so and the interests represented by those persons; | | (c) | the purposes to which any profits from the entertainment or exhibition are intended to be or have been applied; and | | (d) | such other matters as the Minister may direct. |
| (2) Any person furnishing as true information required under subsection (1) which he knows or has reason to believe to be false or incomplete shall be guilty of an offence under section 39. |
| (3) In the event of any entertainment or exhibition in respect of which information has been furnished under subsection (1) being conducted in any manner contrary to the information so furnished the person by whom the information was furnished shall be guilty of an offence under section 39. |
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| Power to impose conditions |
31.—(1) The Minister may, if he is satisfied that it is necessary to do so in order to ensure that any entertainment or exhibition shall not be an entertainment or exhibition to which section 33 would apply, by order in writing require the promoter and every person concerned in the promotion of the entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held to observe such conditions relating to the holding of such entertainment or exhibition as he may specify.(2) Every person who commits any breach of or fails to comply with any conditions imposed under subsection (1) shall be guilty of an offence under section 39:| Provided that no person shall be convicted of an offence under this section if he proves that the breach of or failure to comply with the conditions in respect of which he is charged was done without his authority, consent and knowledge, and without any want of due care or caution on his part. |
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| (3) The Minister may, if in any particular case he thinks it necessary, require any person in respect of whom an order under subsection (1) has been made to enter into a bond, with or without sureties, in such sum as the Minister may direct, that the conditions contained in such order shall be observed. |
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| Promoter, etc., to be in attendance at entertainment or exhibition |
32.—(1) The promoter and every person concerned in the promotion of any entertainment or exhibition which is the subject of an order under section 31 and the proprietor of any premises upon which any such entertainment or exhibition is held shall severally, and either personally or by a duly authorised agent approved in that behalf by a police officer not below the rank of inspector, be present throughout the period of every performance or display of every such entertainment or exhibition.| (2) The Minister may by writing exempt any person either absolutely or subject to such conditions as the Minister may prescribe from subsection (1). |
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| Power to prohibit certain entertainments or exhibitions |
33.—(1) The Minister may by order prohibit the holding of or may direct the closing of any entertainment or exhibition —| (a) | if he is satisfied that such entertainment or exhibition is or is likely to be in any way detrimental to the national interest; | | (b) | if there has been in respect of such entertainment or exhibition any refusal of or failure to furnish any information required to be furnished under section 30, or if any information so furnished is false or incomplete; or | | (c) | if there has been in respect of such entertainment or exhibition any breach of or failure to comply with any conditions imposed under section 31. |
(2) The promoter and every person concerned in the promotion of any entertainment or exhibition which is held or continued in contravention of an order under subsection (1) and the proprietor of any premises upon which such exhibition is held shall be guilty of an offence under section 39:| Provided that no person shall be convicted of an offence under this section if he proves that the entertainment or exhibition in respect of which he is charged was promoted or continued without his authority, consent and knowledge and without any want of due care or caution on his part. |
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| Powers of entry and investigation |
34.—(1) Any police officer or any person authorised by the Minister in writing in that behalf may without warrant enter any premises upon which any entertainment or exhibition is being held or is intended to be held with a view to ascertaining whether the provisions of this Chapter or of any order made thereunder are being complied with, and may make such investigation and inspection of such premises and call upon any person to produce such articles, books, accounts, tickets or other documents or things and to furnish any information as such officer or person may consider necessary for such purpose:| Provided that any person not in uniform purporting to exercise any powers under this subsection shall on demand produce his written authority to exercise such powers to any person lawfully demanding the written authority. |
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(2) Any person who —| (a) | obstructs any officer or authorised person lawfully exercising any powers conferred on him by or under subsection (1) in entering or inspecting any premises or delays in producing any articles, books, accounts or other documents or things which he has been called upon by such officer or authorised person to produce and which are or ought to be in the ordinary course of business in his power to produce; | | (b) | refuses to furnish any information which he may be required to furnish by such officer or authorised person or who, being required to furnish information by such officer or authorised person, furnishes false or misleading information; or | | (c) | obstructs the seizure of any document or other thing under section 36, or the closure of any entertainment or exhibition under section 37, |
| shall be guilty of an offence under section 39. |
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35.—(1) Any officer or person authorised to exercise the powers of entry or investigation under section 34 may without warrant and with or without assistance enter any premises if he considers it to be necessary and has reason to believe that an offence under this Chapter or any order made thereunder has been committed and may search such place and any person whom he reasonably believes to be concerned in the management or promotion of any entertainment or exhibition or to be an agent or employee of the promoter or of the proprietor of those premises.| (2) No woman shall be searched under this section except by a woman. |
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36. Any officer or person authorised to exercise the powers of entry or investigation under section 34 may seize any document or other thing in respect of which he reasonably believes an offence to have been committed under this Chapter or any order made thereunder or which he reasonably believes to be or to contain evidence relating to such an offence:| Provided that nothing in this section shall be deemed to affect the powers of a police officer under the Criminal Procedure Code 2010. |
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| 37. Any officer or person authorised to exercise the powers of entry or investigation under section 34 may, without prejudice to the exercise of the powers conferred on him by that section, forthwith take such steps as he may consider necessary to close any entertainment or exhibition which he is satisfied is kept open in contravention of any order made under section 31 or 33. |
| Liability of principal for acts of employee |
| 38. For the purposes of this Chapter and any orders made thereunder every person shall be liable for every act, omission, neglect or default of any agent or employee employed by him, as fully and effectually as if such act, omission, neglect or default were done or committed by such person; but so that nothing in this section shall affect the liability of such agent or employee, and provided that the liability of a principal shall not extend to imprisonment unless he is privy to the offence. |
| 39. Any person who contravenes or fails to comply with any provision of this Chapter or any order made or any condition imposed thereunder, or abets such contravention or failure, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. |
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Chapter 5 — Other powers for the
prevention of subversion |
| Powers relating to appointments |
40.—(1) Where any written law confers any power relating to any appointment upon any person, body or authority constituted under such law, the Minister may by order require that, before making any appointment, that person, body or authority shall submit to him —| (a) | a list of the names of the persons from whom such appointment will be made; and | | (b) | such other information as may be specified in the order. |
| (2) Such person, body or authority shall not appoint or recruit any person whose appointment is in the opinion of the Minister prejudicial to the interests of Singapore. |
| (3) No person otherwise than in the course of his official duty shall disclose to any person any communication which he may have received from the Minister under subsection (2). |
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| Power to close schools or educational institutions |
41.—(1) The Minister, if he is satisfied at any time that a school or educational institution is being used —| (a) | for a purpose detrimental to the interests of Singapore or of the public; | | (b) | for the purpose of instruction detrimental to the interests of the public or of the pupils; or | | (c) | as a meeting-place of an unlawful society, |
| and that the circumstances so require, may make an order closing such school or educational institution for such period, not exceeding 6 months at any one time, as may be specified in the order. |
| (2) The board of managers or governors of any school or educational institution, aggrieved by any order made under subsection (1), may within one month of the date of the order make an objection against such order to the President whose decision shall be final and shall not be called in question in any court. |
(3) In this section —“school” means —| (a) | a place where 10 or more persons are or are habitually taught, whether in one or more classes; or | | (b) | in the case of a correspondence school, the place or places where instruction is prepared or where answers are examined or corrected, |
| but does not include any place where the teaching is of a purely religious character, or for a purely religious purpose; |
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| “educational institution” means any place (including a school) where, in the carrying on of the work of any organisation or institution, persons are or are habitually taught, whether in one or more classes, except that it does not include any place where the teaching is of a purely religious character or for purely religious purposes. |
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| Control of admission to institutions of higher education |
42.—(1) Notwithstanding anything in any other written law, no person shall, on or after 1 August 1964, be admitted as a student to any institution of higher education to which this section applies unless he holds a certificate of suitability for admission thereto issued to him in accordance with subsection (2):| Provided that this subsection shall not apply to any person ordinarily resident outside Singapore whose admission to any such institution is recommended by any person or body designated for the purposes of this section by the Minister charged with the responsibility for education. |
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| (2) Any person requiring a certificate of suitability for admission to any institution of higher education shall apply therefor in writing to the Director of Education; and the Director of Education, after making such enquiries as he may consider appropriate, shall issue the certificate unless there appear to him to be reasonable grounds for believing that the applicant, if admitted to the institution in question, would be likely to promote, or otherwise participate in, action prejudicial to the interests or security of Singapore or any part thereof. |
(3) Any person whose application for a certificate under this section is refused may, at any time within the period of 28 days beginning with the date on which he is notified of the decision, appeal against it to the Minister; and on any such appeal, the Minister —| (a) | if he is satisfied of the existence of the grounds referred to in subsection (2), shall confirm the decision; | | (b) | in any other case, shall direct the issue of a certificate. |
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| (4) The decision of the Minister on any appeal under subsection (3) shall be final and shall not be called in question in any court. |
(5) The institutions of higher education to which this section applies are as follows:| (a) | the National University of Singapore, the Singapore Polytechnic and the Ngee Ann Polytechnic; | | (b) | any other institution of higher education which the Minister may designate for the purposes of this section by a notification in the Gazette, |
| and references in this section to a person’s admission as a student to any such institution are references to his registration or enrolment for attendance at any course of study provided by the institution. |
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| Powers in relation to pupils, etc., visiting Singapore |
43.—(1) The Minister may from time to time by order in writing forbid, except in accordance with the written permission of the Commissioner of Police or any police officer not below the rank of superintendent of police authorised in writing in that behalf by the Commissioner of Police first obtained —| (a) | the pupils, students, teachers or members; | | (b) | any class of pupils, students, teachers or members; or | | (c) | any named pupil, student, teacher or member, |
| of any school, college, educational institution or students’ union or association, as the case may be, specified in the order and situated or established outside Singapore to enter into or travel within Singapore as a group, or as one of a group of 5 or more such pupils, students, teachers or members, or, for the purpose of effecting as one of a group of such persons some common object within Singapore, otherwise to enter into or travel therein. |
| (2) The Commissioner of Police or any police officer authorised in writing by him in accordance with subsection (1) may grant permission under subsection (1) subject to such conditions (if any) as he may think fit to impose, and he may further require as a condition precedent thereto that a pupil, student, teacher or member to whom he proposes to grant such permission or the parent of a pupil, student or member or such other person as he, the Commissioner of Police, or such authorised police officer thinks satisfactory, shall furnish such security by bond or otherwise as the Commissioner of Police or such authorised police officer may think sufficient to secure the due observance and fulfilment of the conditions imposed. |
(3) Where the Commissioner of Police has reason to believe —| (a) | that any person —| (i) | is a pupil, student, teacher or member affected by an order made under subsection (1); | | (ii) | has entered Singapore from a place outside and has not since the date of such entry continuously remained in Singapore for a period exceeding 3 months; | | (iii) | is not the holder of a valid identity card issued to him in Singapore in accordance with the provisions of any written law for the time being in force relating to identity cards and which bears an address within Singapore; and | | (iv) | has contravened or intends to contravene the provisions of any such order; or |
| | (b) | that any person having obtained written permission under subsection (1) has failed to observe any conditions imposed upon him under subsection (2) in respect of such permission, |
| the Commissioner of Police may by order in writing — |
| (c) | direct that such person be required to leave Singapore within such time as may be specified in the order and thereafter remain out of Singapore for a period of 6 months from the date of the service of the order upon him, or for such lesser period as the Commissioner of Police may specify; or | | (d) | direct that such person be taken into custody and, as speedily as may be, conducted across the frontier, and that person may lawfully be detained for so long as may be necessary for his removal to take effect; and such person so removed shall remain out of Singapore for a period of 6 months from the date of his removal. |
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| (4) Any person who contravenes or fails to obey any order made under this section or who commits a breach of any conditions imposed under subsection (2) shall be guilty of an offence. |
| (5) This section shall not operate to authorise the removal from Singapore of any person who is a citizen of Singapore ordinarily resident in Singapore. |
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| Chapter 6 — Miscellaneous |
| Attempts to commit offences and assisting offenders |
44.—(1) Without prejudice to the operation of Chapters 5 and 23 of the Penal Code 1871 any person who attempts to commit, or does any act preparatory to the commission of an offence under this Part shall be deemed to be guilty of that offence under this Part.| (2) No person knowing or having reasonable cause to believe that another person is guilty of an offence under this Part shall give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for that offence. |
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| Abetment and general penalty |
| 45. Any person who contravenes or fails to comply with any provision of this Part or any order made or any direction or instruction given or requirement imposed thereunder or abets such contravention or failure for which no special penalty is provided shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both. |
| 46. Any police officer may without warrant arrest any person suspected of the commission of an offence under this Part or of being a person ordered in pursuance of this Part to be detained. |
47.—(1) Where any person is required to enter into a bond under section 8(1), 10 or 31(3), such bond may be enforced by any Magistrate on the application of any police officer not below the rank of sergeant, in the same manner as under the provisions of the Criminal Procedure Code 2010 the court of such Magistrate may enforce a bond required by that court to be executed under the provisions of that Code. | (2) Nothing in this section shall be deemed to prevent the penalty or any part thereof of any such bond from being recovered by suit or action in any civil court of competent jurisdiction, from the person entering into such bond or from his sureties, in accordance with any law for the time being in force relating to Government proceedings. |
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