PART 9 | Interpretation of this Part |
85A.—(1) In this Part, unless the context otherwise requires —“5% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —| (a) | holds 5% or more, but less than 25%, of the total equity interests in the employer; or | | (b) | is in a position to control 5% or more, but less than 25%, of the voting power in the employer; |
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“25% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —| (a) | holds 25% or more, but less than 50%, of the total equity interests in the employer; or | | (b) | is in a position to control 25% or more, but less than 50%, of the voting power in the employer; |
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“50% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —| (a) | holds 50% or more of the total equity interests in the employer; or | | (b) | is in a position to control 50% or more of the voting power in the employer; |
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“75% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —| (a) | holds 75% or more of the total equity interests in the employer; or | | (b) | is in a position to control 75% or more of the voting power in the employer; |
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“acquisition” includes an agreement to acquire, but does not include —| (a) | an acquisition by will or by operation of law; or | | (b) | an acquisition by way of enforcement of a security for any loan or other debt; |
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| “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; |
| “chief executive officer”, in relation to a company or an organisation that is the employer of an Auxiliary Police Force, means the person principally responsible for the management and conduct of any type of business of the company or organisation in Singapore, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer; |
| “control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights; |
| “director” has the meaning given by section 4(1) of the Companies Act 1967*; |
| “employer”, in sections 88, 88A, 88B and 88C and Division 1C, does not include the Government or a statutory body which creates an Auxiliary Police Force; |
“equity interest” means —| (a) | in relation to a company — a voting share in that company; and | | (b) | in relation to an organisation other than a company — any right or interest, whether legal or equitable, in that organisation (by whatever name called) which gives the holder of that right or interest voting power in that organisation; |
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“indirect controller”, in relation to an employer of an Auxiliary Police Force, means any person, whether acting alone or together with any other person, and with or without holding any equity interests or controlling the voting power in the employer —| (a) | whose directions, instructions or wishes the directors or other officers of the employer are accustomed or under an obligation, whether formal or informal, to act in accordance with; or | | (b) | who is in a position to determine the policy of the employer, |
| but does not include any of the following: |
| (c) | any person who is the chief executive officer, a director or the chairman of the employer whose appointment as such is approved or deemed approved under section 87; | | (d) | any person whose directions, instructions or wishes the directors or other officers of the employer are accustomed to act in accordance with by reason only that they act on advice given by the person in that person’s professional capacity; |
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| “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005*; |
| “treasury share” has the meaning given by section 4(1) of the Companies Act 1967*; |
| “unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018; |
| “voting share” has the meaning given by section 4(1) of the Companies Act 1967* but does not include a treasury share. [*Updated to be consistent with the 2020 Revised Edition] |
| (2) A reference in this Part to the control of a percentage of the voting power in an employer of an Auxiliary Police Force is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the employer. |
| (3) In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded. [Act 21 of 2021 wef 02/09/2022] |
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| Meaning of holding an equity interest |
85B.—(1) A person holds an equity interest under this Part if the person —| (a) | has or is deemed to have an equity interest in accordance with subsections (2) to (6); or | | (b) | otherwise has a legal or an equitable interest in that equity interest, |
| except for any interest prescribed by regulations made under section 104 as an interest that is to be disregarded. |
| (2) Subject to subsection (3), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. |
| (3) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (2) is, or is capable of being made, subject to restraint or restriction. |
| (4) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, or an interest or a right that gives its holder voting power. |
(5) A person is also deemed to have an equity interest if that person —| (a) | has entered into a contract to purchase the equity interest; | | (b) | has a right to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; | | (c) | has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or | | (d) | is entitled (otherwise than by reason of having been appointed a proxy or representative to vote (as the case may be) at a general meeting of an employer of an Auxiliary Police Force) to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or an equitable interest. |
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| (6) A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person. |
| (7) Regulations made under section 104 may provide that any equity interest has to be disregarded for the purposes of this section or any subsection of this section. [Act 21 of 2021 wef 02/09/2022] |
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| Division 1A — Creation of Auxiliary Police Forces |
[Act 21 of 2021 wef 02/09/2022] | Creation of Auxiliary Police Forces |
86.—(1) The Commissioner may, with the approval of the Minister, authorise the creation by the Government or any statutory body, or by any company or other organisation carrying on business within Singapore (called in this Part the employer), of one or more Auxiliary Police Forces for all or any of the following purposes:| (a) | to safeguard life and any property of the employer; | | (b) | to safeguard life and any property of any other person in Singapore; | | (c) | to assist the Police Force in the maintenance of law and order and the detention or arrest of individuals that police officers are authorised to apprehend; | | (d) | to assist any department of the Government or any statutory body in the discharge of any duty imposed or function conferred under any written law; | | (e) | to carry out such security activity as the Commissioner may approve. [10/2015] |
| (2) The Commissioner may, in authorising the creation of an Auxiliary Police Force under subsection (1), impose any conditions that the Commissioner thinks fit. |
(3) Without limiting subsection (2), the conditions that may be imposed under that subsection in relation to an Auxiliary Police Force include —| (a) | restricting the Auxiliary Police Force to carrying out only such security activity as the Commissioner may specify in the authorisation under subsection (1); | | (b) | requiring that the approval of the Commissioner be first obtained before the Auxiliary Police Force carries out any new security activity in the course of business or for remuneration; | | (c) | requiring the employer of the Auxiliary Police Force to pay an annual fee of a prescribed amount to the Commissioner; and | | (d) | where the employer is other than the Government or a statutory body —| (i) | requiring at least one-half of the voting shares of the company or organisation to be held by Singapore citizens; and | | (ii) | [Deleted by Act 21 of 2021 wef 02/09/2022] |
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(3A) It is a condition of any authorisation for the creation of an Auxiliary Police Force under subsection (1) (whether the authorisation is given before, on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021) that the employer of the Auxiliary Police Force must give written notice to the Commissioner within 7 days after the employer first becomes aware that any person —| (a) | whether by a series of transactions over a period of time or otherwise, has become on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021, a 5% controller, a 25% controller, a 50% controller or an indirect controller of the employer; or | | (b) | has ceased, on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021, to be a 50% controller or a 75% controller of the employer. [Act 21 of 2021 wef 02/09/2022] |
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| (4) The Commissioner may at any time, by written notice to the employer of the Auxiliary Police Force concerned, vary or revoke any condition imposed under subsection (2) or impose any additional condition on an employer of an Auxiliary Police Force. [Act 21 of 2021 wef 02/09/2022] |
| (4A) Any condition imposed under subsection (2), or varied or revoked or added to under subsection (4), has effect despite any other written law or anything contained in the memorandum or articles of association, or other constitution, of an employer. [Act 21 of 2021 wef 02/09/2022] |
| (5) Before varying or revoking any condition or imposing additional conditions on an employer of an Auxiliary Police Force under subsection (4), the Commissioner must notify the employer of the Commissioner’s intention to do so and must give the employer an opportunity to be heard as to why the conditions should not be so varied or revoked or the additional conditions should not be imposed, as the case may be. [Act 21 of 2021 wef 02/09/2022] |
(6) Any decision of the Commissioner under subsection (5) in relation to an Auxiliary Police Force does not take effect —| (a) | until the 31st day after the date on which the decision is communicated to the employer of the Auxiliary Police Force concerned; or | | (b) | where an appeal against the decision is made to the Minister under subsection (7), until the appeal has been determined or withdrawn. |
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| (7) Any employer of an Auxiliary Police Force who is aggrieved by the decision of the Commissioner under subsection (2) or (4) may, within 30 days after receiving notice of the Commissioner’s decision, appeal against the decision in writing to the Minister. |
| (8) The decision of the Minister on an appeal under subsection (7) is final. |
| (9) [Deleted by Act 21 of 2021 wef 02/09/2022] |
(10) A person, not being an employer of an Auxiliary Police Force authorised by the Commissioner under this section, who —| (a) | in the course of any business carries on any security activity; or | | (b) | advertises or in any way holds out that the person carries on, or is willing to carry on, for remuneration any security activity, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. |
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| Offence for carrying on or advertising security activity |
86A.—(1) Any person who —| (a) | is not an employer of an Auxiliary Police Force the creation of which is authorised by the Commissioner under section 86(1); and | | (b) | does any of the following:| (i) | in the course of any business carry on any security activity; | | (ii) | advertise or in any way hold out that the person carries on, or is willing to carry on, for a fee or reward any security activity, |
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| shall be guilty of an offence. |
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | in the case of an individual —| (i) | to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (ii) | in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or |
| | (b) | in any other case —| (i) | to a fine not exceeding $1 million; and | | (ii) | in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. [Act 21 of 2021 wef 02/09/2022] |
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Division 1B — Monitoring control of certain employers of
Auxiliary Police Force |
[Act 21 of 2021 wef 02/09/2022] | Special features of employer of Auxiliary Police Force |
87.—(1) A person (other than the Government or a statutory body) must not acquire, on or after the date of commencement of section 21 of the Police Force (Amendment) Act 2021, as a going concern the business or undertaking of an employer of an Auxiliary Police Force except with the prior written approval of the Minister granted upon the application of the person and the employer of the Auxiliary Police Force concerned.(2) The Minister must not approve an application made under subsection (1) if the Minister is satisfied that —| (a) | the person proposing to acquire as a going concern the business or undertaking of the employer of an Auxiliary Police Force is not a fit and proper person; | | (b) | the acquiring as a going concern the business or undertaking of the employer of an Auxiliary Police Force will result in adverse effect on the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; or | | (c) | it is not in the public interest to do so. |
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| (3) Any approval mentioned in subsection (1) may be granted subject to such conditions as the Minister may determine. |
| (4) The Minister may at any time add to, vary or revoke any condition imposed under subsection (3). |
| (5) An employer of an Auxiliary Police Force (other than the Government or a statutory body) must not appoint, on or after the date of commencement of section 21 of the Police Force (Amendment) Act 2021, any person as its chief executive officer, chairman or director except with the prior approval of the Commissioner to do so. |
| (6) A person who, immediately before the date of commencement of section 21 of the Police Force (Amendment) Act 2021, is a chief executive officer, chairman or director of an employer of an Auxiliary Police Force is deemed to be approved by the Commissioner under subsection (5) as the chief executive officer, chairman or director of that employer. |
| (7) Unless the Minister otherwise approves, the chief executive officer of an employer of an Auxiliary Police Force and at least one-half of its directors must be citizens of Singapore. |
| (8) Where the Commissioner revokes an approval or a deemed approval under this section for the appointment of a person as the chief executive officer, the chairman or a director of an employer of an Auxiliary Police Force, the employer of the Auxiliary Police Force must immediately remove the person from such office. |
(9) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; or | | (b) | in any other case, to a fine not exceeding $1 million. |
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| (10) This section has effect despite the provisions of any other written law or of the memorandum or articles of association, or other constitution, of a company or an organisation. [Act 21 of 2021 wef 02/09/2022] |
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| Controls over ownership of employer of Auxiliary Police Force |
88.—(1) If a person becomes, on or after the appointed day, a 5% controller of an employer of an Auxiliary Police Force, the person must, within 7 days after becoming the 5% controller, give written notice to the Commissioner of that fact.(2) Except with the prior written approval of the Minister, a person must not —| (a) | whether by a series of transactions over a period of time or otherwise, become on or after the appointed day a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force; or | | (b) | cease on or after the appointed day to be a 50% controller or a 75% controller of an employer of an Auxiliary Police Force. |
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| (3) A person who, immediately before the appointed day, is a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force is deemed to be approved by the Minister under this section to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force, as the case may be. |
(4) The Minister must not approve an application made by any person under subsection (2)(a) if the Minister is satisfied that —| (a) | the person is not a fit and proper person; | | (b) | having regard to the person’s likely influence, the employer of the Auxiliary Police Force will not or will not continue to conduct its business prudently and in compliance with this Act; or | | (c) | it is not in the public interest to do so. |
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(5) The Minister must not approve an application made by any person under subsection (2)(b) if the Minister is satisfied that —| (a) | the provision of security activities and other services by the employer of the Auxiliary Police Force of which the applicant is a 50% controller or a 75% controller will not continue to be reliable; | | (b) | the employer of the Auxiliary Police Force will cease to continue to conduct its business prudently and in compliance with this Act; or | | (c) | it is not in the public interest to do so. |
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| (6) Any approval or deemed approval under this section may be subject to such conditions as the Minister may determine. |
| (7) The Minister may at any time add to, vary or revoke any condition imposed under subsection (6). |
| (8) Any condition imposed under subsection (6), or added to, varied or revoked under subsection (7), has effect despite any written law or anything contained in the memorandum or articles of association, or other constitution, of a company or an organisation. |
| (9) In this section, “appointed day” means the date of commencement of section 22 of the Police Force (Amendment) Act 2021. [Act 21 of 2021 wef 02/09/2022] |
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| Power to issue directions |
88A.—(1) The Minister may issue any direction to a person under subsection (2), (3) or (4) if the Minister is satisfied that —| (a) | the person has provided false or misleading information or documents in connection with an application for approval under section 87(1) or 88(2); | | (b) | any condition of approval imposed under section 87(3) or (4) or 88(6) or (7) has been contravened or has not been complied with; | | (c) | in the case of a person who had obtained approval under section 87(1) in relation to acquiring as a going concern the business or undertaking of an employer of an Auxiliary Police Force —| (i) | the person ceases to be a fit and proper person; or | | (ii) | it is not, or is no longer, in the public interest to allow the person to continue to carry on the business relating to the Auxiliary Police Force; |
| | (d) | the person has contravened section 87(1) or 88(2); | | (e) | in the case of a person who has obtained the Minister’s approval under section 88(2) or who is deemed to be approved under section 88(3) —| (i) | the person ceases to be a fit and proper person; | | (ii) | having regard to the person’s likely influence, the employer of the Auxiliary Police Force is not, or is no longer, likely to conduct its business relating to the Auxiliary Police Force prudently or to comply with the provisions of this Act; or | | (iii) | it is not, or is no longer, in the public interest to allow the person —| (A) | to continue to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force; or | | (B) | to cease to be a 50% controller or a 75% controller of the employer of the Auxiliary Police Force; or |
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| | (f) | the Minister would not have granted approval under section 87(1) or 88(2) to a person had the Minister been aware, at that time, of circumstances relevant to the person’s application for the approval. |
(2) Where the person mentioned in subsection (1) has acquired as a going concern the business or undertaking of an employer of an Auxiliary Police Force, the Minister may, by written notice —| (a) | direct the person to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person (whether alone or together with any other person) within such time and subject to such conditions as the Minister considers appropriate; | | (b) | direct the person not to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person; | | (c) | direct the person to modify or terminate any agreement or arrangement relating to the acquisition as a going concern; or | | (d) | make such other direction as the Minister considers appropriate. |
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(3) Where the person mentioned in subsection (1) is a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force, the Minister may, by written notice —| (a) | direct the person to take such steps as are necessary, within such period as may be specified by the Minister, to ensure that the person ceases to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force; | | (b) | direct the person or any of the person’s associates to transfer or dispose of all or any of the equity interests in the employer held by the person or the person’s associates (called in this section and section 88B the specified equity interests) within such time and subject to such conditions as the Minister considers appropriate; | | (c) | direct the person or any of the person’s associates not to transfer or dispose of the specified equity interests; | | (d) | direct the person to modify or terminate any agreement or arrangement relating to the holding of the specified equity interests, or the control of the voting power, in the employer of the Auxiliary Police Force; or | | (e) | make such other direction as the Minister considers appropriate. |
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(4) Where the person mentioned in subsection (1) is a person (A) who has ceased to be a 50% controller or a 75% controller of an employer of an Auxiliary Police Force as a result of a person (B) acquiring any equity interest from A (called in this section and section 88B the acquired equity interest), the Minister may do any one or more of the following:| (a) | direct B to take such steps as are necessary, within such period as may be specified by the Minister, to cease to hold all or any of the acquired equity interest; | | (b) | direct A to take such steps as are necessary, within such period as may be specified by the Minister, to resume being a 50% controller or a 75% controller, as the case may be; | | (c) | direct B to transfer or dispose of all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate; | | (d) | direct A to acquire all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate; | | (e) | direct B not to transfer or dispose of all or any of the acquired equity interest; | | (f) | direct A or B to modify or terminate any agreement or arrangement relating to the acquired equity interest; | | (g) | make such other direction as the Minister considers appropriate. |
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| (5) Before issuing any direction to a person under subsection (2), (3) or (4), the Minister must, unless the Minister decides that it is not practicable or desirable to do so, give to the person written notice of the Minister’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction. |
| (6) Upon receipt of any written representation mentioned in subsection (5), the Minister must consider it for the purpose of determining whether to issue the direction. |
| (7) Any person to whom a direction is issued under this section must comply with the direction. |
| (8) The Minister may vary, suspend or revoke any direction issued under this section. [Act 21 of 2021 wef 02/09/2022] |
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88B.—(1) Any direction issued to a person under section 88A takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association or other constitution of any company or organisation.(2) Without affecting subsection (1), where any direction is issued under section 88A(3) or (4), then, until the direction is carried out or is suspended or revoked —| (a) | the voting rights in respect of the specified equity interest or acquired equity interest that is subject to the direction are not exercisable unless the Minister expressly permits such rights to be exercised; | | (b) | the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the employer of an Auxiliary Police Force concerned is not exercisable unless the Minister expressly permits that power to be exercised; | | (c) | no equity interest of the employer of an Auxiliary Police Force is to be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified equity interest or acquired equity interest unless the Minister expressly permits such issue or offer; and | | (d) | except in a winding up of the employer of an Auxiliary Police Force, no amount may be paid by the employer of the Auxiliary Police Force (whether by way of dividends or otherwise) in respect of the specified equity interest or acquired equity interest that is subject to the direction unless the Minister expressly authorises such payment. [Act 21 of 2021 wef 02/09/2022] |
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| Offences, penalties and defences |
88C.—(1) A person who contravenes section 88(1) or (2) or 88A(7) shall be guilty of an offence and shall be liable on conviction —| (a) | in the case of an individual —| (i) | to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (ii) | in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or |
| | (b) | in any other case —| (i) | to a fine not exceeding $1 million; and | | (ii) | in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. |
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(2) Where a person is charged with an offence in respect of a contravention of section 88(1), it is a defence for the person to prove, on a balance of probabilities, that —| (a) | the person was not aware that the person had contravened that section; and | | (b) | the person has, within 14 days after becoming aware that the person had contravened that section, notified the Commissioner of the contravention. |
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(3) Where a person is charged with an offence in respect of a contravention of section 88(1), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention —| (a) | the contravention occurred as a result of an increase in the holding of equity interest or in the voting power controlled by any of the person’s associates; | | (b) | the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and | | (c) | the person has, within 14 days after the date of the contravention, notified the Commissioner of the contravention. |
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(4) Where a person is charged with an offence in respect of a contravention of section 88(2), it is a defence for the person to prove, on a balance of probabilities, that —| (a) | the person was not aware that the person had contravened that section; and | | (b) | the person has, within 14 days after becoming aware that the person had contravened that section, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct. |
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(5) Where a person is charged with an offence in respect of a contravention of section 88(2), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention —| (a) | the contravention occurred as a result of an increase or a decrease in the holding of equity interest or in the voting power controlled by any of the person’s associates; | | (b) | the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and | | (c) | the person has, within 14 days after the date of the contravention, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct. |
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| (6) Except as provided in subsections (2), (3), (4) and (5), it is not a defence for a person charged with an offence in respect of a contravention of section 88(1) or (2) to prove that the person did not intend to or did not knowingly contravene that provision. [Act 21 of 2021 wef 02/09/2022] |
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| Codes of practice and directives |
89.—(1) The Commissioner may, by publication in the Gazette, issue one or more codes of practice for Auxiliary Police Forces for all or any of the following purposes:| (a) | to enable and maintain fair market conduct between Auxiliary Police Forces in Singapore; | | (b) | to safeguard the interests of consumers of Auxiliary Police Forces services and of the public generally. |
(2) A code of practice may, in particular —| (a) | specify the duties and obligations of the employer of an Auxiliary Police Force in relation to its business operations in the armed security industry; and | | (b) | provide for such fees or charges as may be payable to the Commissioner in relation to any application or request made to it. |
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(3) The Commissioner may issue any directive to any employer of an Auxiliary Police Force for all or any of the following purposes:| (a) | to ensure the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Force; | | (b) | in the interests of public safety; | | (c) | to provide guidance in relation to the operation of any provision of this Part or the Auxiliary Police Forces Regulations; | | (d) | generally for carrying out the purposes and provisions of this Part and for the due administration thereof. |
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(4) The Commissioner may —| (a) | by publication in the Gazette, add to, vary or revoke any code of practice; or | | (b) | add to, vary or revoke any directive. |
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| (5) The Commissioner may exempt, either generally or subject to such terms or conditions as the Commissioner may specify, any person from any provision in any code of practice or any directive. |
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| Compliance with codes of practice and directives |
90.—(1) Every employer of an Auxiliary Police Force must comply with every relevant code of practice and directive issued under section 89(1) and (3), respectively.(2) The Commissioner may conduct an investigation if there are reasonable grounds for suspecting that —| (a) | any provision of this Part; | | (b) | any part of any code of practice issued under section 89(1); | | (c) | any directive issued under section 89(3); or | | (d) | any condition of authorisation imposed under section 86(2) or (4), |
| has been infringed, or is being or is likely to be infringed, by an employer of an Auxiliary Police Force. |
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(3) Subject to section 89(5), where —| (a) | following an investigation conducted under subsection (2), the Commissioner considers that an employer of an Auxiliary Police Force is infringing, likely to infringe or has infringed any provision of this Part or of any code of practice issued under section 89(1), any directive issued under section 89(3) or any condition imposed under section 86(2) or (4); | | (b) | the employer (other than the Government or a statutory body) has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; | | (c) | the employer (other than the Government or a statutory body) has made any assignment to, or composition with, its creditors; or | | (d) | the public interest or national security of Singapore so requires, |
| the Commissioner may, in writing and without any liability for compensation, do all or any of the following: |
| (i) | direct that employer to comply with the provision of this Part or of any code of practice issued under section 89(1), any directive issued under section 89(3) or any condition imposed under section 86(2) or (4) or cease infringing that provision, code of practice, directive or condition, as the case may be; | | (ii) | specify any procedure or action to be observed or taken by that employer; | | (iii) | require that employer to furnish performance bonds, banker’s guarantees and any other securities for such amounts and on such terms as the Commissioner sees fit; | | (iv) | require that employer to modify or terminate any agreement, decision or concerted practice or any other conduct in question; | | (v) | suspend for a period not exceeding 6 months —| (A) | the authorisation for the creation of the Auxiliary Police Force under section 86(1); or | | (B) | any condition imposed under section 86(2) for any security activity carried out by the Auxiliary Police Force; |
| | (vi) | revoke the authorisation for the creation of the Auxiliary Police Force under section 86(1); [Act 21 of 2021 wef 02/09/2022] | | (vii) | impose on an employer (other than the Government) a financial penalty not exceeding —| (A) | $1 million for each act of infringement (whether continuing or not) of any provision of this Part or any code of practice issued under section 89(1); or | | (B) | $100,000 for each act of infringement (whether continuing or not) of any directive issued under section 89(3) or any condition imposed under section 86(2) or (4); [Act 21 of 2021 wef 02/09/2022] |
| | (viii) | impose such other direction or restriction as the Commissioner considers appropriate. |
|
| (4) A person who, without reasonable excuse, fails to comply with any direction given under subsection (3) shall be guilty of an offence. |
(5) Before the Commissioner does anything under subsection (3), the Commissioner must —| (a) | give written notice to the employer likely to be affected by such action by the Commissioner; and | | (b) | give such employer an opportunity to make representations to the Commissioner. |
|
| (6) If any dispute arises from one or more provisions of a code of practice, the dispute is, where it is so provided in such provisions, to be determined by the Commissioner on the application for that purpose by any aggrieved person to the Commissioner. |
| (7) A person who is aggrieved by any act, direction or decision of the Commissioner under subsection (3) or (6) may, within 14 days of the date on which the person is notified of the act, direction or decision, or such longer period as the Minister may allow, appeal to the Minister in the prescribed manner. |
| (8) Unless otherwise provided or allowed by the Minister, where an appeal is lodged under subsection (7), the act, direction or decision appealed against must be complied with until the determination of the appeal. |
| (9) The Minister may confirm, vary or reverse the act, direction or decision of the Commissioner or give any directions on the matter that the Minister thinks fit. |
| (10) The decision of the Minister in any appeal under subsection (7) is final. |
| (11) Any financial penalty payable by any person under subsection (3)(vii) is recoverable by the Commissioner as a debt due to the Government from that person; and the person’s liability to pay is not affected by any authorisation under section 86 for his or her Auxiliary Police Force ceasing (for any reason) to be in force. |
(12) The Minister may designate any of the following to hear and determine, in the Minister’s place, any appeals or a specific appeal under this section:| (a) | any Minister of State or Parliamentary Secretary for the Minister’s Ministry; | | (b) | any public officer in that Ministry not subordinate to the decision‑maker whose decision is appealed against, |
| and any reference in this section to the Minister includes a reference to the Minister of State, Parliamentary Secretary or public officer so designated for that appeal. |
[10/2015] |
|
| Anti-competitive agreements and conduct |
91.—(1) Subject to this section, the following is prohibited:| (a) | any agreement, decision or concerted practice specified in a code of practice issued under section 89(1) which has as its object or effect the prevention, restriction or distortion of competition in, or in any part of, the armed security industry in Singapore; | | (b) | any conduct on the part of one or more employers of Auxiliary Police Forces which amounts to the abuse of a dominant position in, or in any part of, the armed security industry in Singapore and which may affect the armed security industry within Singapore. |
(2) Subsection (1)(a) applies —| (a) | only if the agreement, decision or concerted practice is, or is intended to be, implemented in Singapore; and | | (b) | whether the agreement, decision or concerted practice is implemented before, on or after 12 October 2004. |
|
| (3) Subject to this section, any agreement, decision or concerted practice prohibited by subsection (1)(a) is void. |
| (4) An employer of an Auxiliary Police Force is in a dominant position where, in the Commissioner’s opinion, that employer is able to act without significant competitive restraint from its competitors. |
| (5) In considering whether an employer of an Auxiliary Police Force is in a dominant position, the Commissioner is to have regard to relevant matters, including such matters as may be specified in a code of practice issued under section 89(1). |
| (6) For the purposes of this section, the Commissioner may, by notification in the Gazette, specify the employers of Auxiliary Police Forces whom the Commissioner considers to have a dominant or non‑dominant position in, or in any part of, the armed security industry in Singapore. |
| (7) The Commissioner may, on the application of any employer of an Auxiliary Police Force or on the Commissioner’s own initiative, grant an exemption from subsection (1) in relation to any agreement, decision, concerted practice or conduct. |
(8) An exemption under subsection (7) —| (a) | may be granted subject to such conditions or obligations as the Commissioner considers appropriate; | | (b) | has effect for any period that the Commissioner considers appropriate; and | | (c) | must be in writing and sent by the Commissioner to the person to whom the exemption is granted. |
|
| (9) An exemption granted under subsection (7), unless previously revoked in accordance with the terms of the exemption or under subsection (10), continues in force for such period as is specified in such exemption. |
(10) The Commissioner may, with the approval of the Minister, on the application of any employer or on the Commissioner’s own initiative —| (a) | extend the period for which an exemption granted under subsection (7) has effect or revoke the exemption; | | (b) | vary or remove any condition or obligation specified in an exemption; and | | (c) | impose one or more additional conditions or obligations in an exemption. |
|
|
| Division 1C — Special administration order |
| Special administration order |
91A.—(1) A special administration order is an order of the Minister made in accordance with section 91B in relation to an employer of an Auxiliary Police Force directing that, during the period for which the order is in force, all or any of the affairs, business and property of that employer is to be managed directly or indirectly by the Commissioner or any other person appointed by the Minister —| (a) | for securing one or more of the purposes of such an order set out in subsection (2); and | | (b) | in a manner which protects the respective interests of the shareholders and creditors of that employer. |
(2) The purposes referred to in subsection (1)(a) are —| (a) | the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; | | (b) | the survival of the employer of the Auxiliary Police Force or the whole or part of its business, as a going concern; | | (c) | the transfer to one or more other employers of Auxiliary Police Forces, as a going concern, of such part of the business or undertaking of a transferor employer of the Auxiliary Police Force as is necessary in order to ensure that the functions and duties which have been vested in the transferor employer of the Auxiliary Police Force may be properly carried out; and | | (d) | the carrying out of the functions and duties which have been vested in the employer of the Auxiliary Police Force pending the transfer to and the vesting of those functions and duties in one or more other employers of Auxiliary Police Forces. |
|
(3) The Minister may make regulations under section 104 for giving effect to this Division, including —| (a) | regulations governing the transfer of the business or undertaking of the Auxiliary Police Force referred to in subsection (2)(c); and | | (b) | where a special administration order is made, for applying, omitting or modifying the provisions of Part 7 of the Insolvency, Restructuring and Dissolution Act 2018. [Act 21 of 2021 wef 02/09/2022] |
|
|
| Power to make special administration order, etc. |
91B.—(1) If, on an application made to the Minister by the Commissioner, the Minister is satisfied in relation to any employer of an Auxiliary Police Force that any one or more of the grounds specified in subsection (2) are satisfied in relation to that employer, the Minister may make any one or both of the following orders:| (a) | a special administration order in relation to that employer; | | (b) | an order appointing a person to advise the employer in the proper conduct of that part of its business or undertaking. |
(2) The grounds referred to in subsection (1) are —| (a) | the employer is or is likely to be unable to pay its debts; | | (b) | the occurrence of a public emergency; | | (c) | the Minister considers it in the interest of the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; and | | (d) | the Minister considers it in the public interest. |
|
(3) The Minister may make a special administration order in relation to an employer of an Auxiliary Police Force despite the commencement of (if applicable) —| (a) | any proceedings relating to the making of an order under section 210 of the Companies Act 1967* or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company; | | (b) | any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company; | | (c) | any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the employer of the Auxiliary Police Force that is a company; | | (d) | any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is a company or an unregistered company; | | (e) | any proceedings under the Limited Liability Partnerships Act 2005* relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is a limited liability partnership; or | | (f) | any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the employer of the Auxiliary Police Force if it is an entity not mentioned in paragraph (d) or (e). [*Updated to be consistent with the 2020 Revised Edition] |
|
| (4) Notice of any application under subsection (1) is to be given immediately by the Commissioner to such persons and in such manner as may be determined by the Commissioner. |
| (5) Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity. |
| (6) Any decision of the Minister under subsection (1) is final. |
| (7) An employer of an Auxiliary Police Force issued with an order under subsection (1) must comply with that order. |
(8) For the purposes of this section —| (a) | an employer of an Auxiliary Police Force that is a company is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; | | (b) | an employer of an Auxiliary Police Force that is an unregistered company is unable to pay its debts if it is deemed to be unable to pay its debts under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018; and | | (c) | an employer of an Auxiliary Police Force that is a limited liability partnership is unable to pay its debts if it is deemed to be unable to pay its debts under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005*. [Act 21 of 2021 wef 02/09/2022] [*Updated to be consistent with the 2020 Revised Edition] |
|
|
| Remuneration and expenses of persons appointed by Minister |
91C.—(1) Where a special administration order has been made under section 91B(1)(a), the Commissioner may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the employer of the Auxiliary Police Force to a person appointed by the Minister.| (2) The Commissioner may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by an employer of an Auxiliary Police Force to any person appointed by the Minister under section 91B(1)(b) to advise the employer of the Auxiliary Police Force in the proper conduct of the business or undertaking. [Act 21 of 2021 wef 02/09/2022] |
|
| Division 2 — Auxiliary police officers |
| Appointment of auxiliary police officers |
92.—(1) A person must not be employed as an auxiliary police officer in an Auxiliary Police Force without the prior written approval of the Commissioner or any police officer authorised by the Commissioner.(2) The Commissioner may appoint as auxiliary police officers one or more suitable persons who are —| (a) | public officers; or | | (b) | employees of any statutory body, company or other organisation within Singapore, |
| after any consultation with their employer that the Commissioner considers necessary, in work of a nature which, in the opinion of the Commissioner, renders the conferment of the powers of a police officer necessary or desirable. |
|
| (3) Every person appointed under subsection (2) must carry a warrant card issued by the Commissioner. |
| (4) The powers, privileges and immunities of a police officer may be conferred on an auxiliary police officer appointed under subsection (1) or (2) in such manner and subject to such limitations as may be specified by the Commissioner either in the warrant card or in such other form as the Commissioner may determine. |
| (5) Every auxiliary police officer who exercises any police power conferred under this Act in the performance of his or her duties or who carries out any duties of a police officer prescribed in this Act is deemed to be a public servant for the purposes of the Penal Code 1871. |
| (6) Every auxiliary police officer must on appointment take before a senior police officer an oath of office and an oath of allegiance prescribed by the Oaths and Declarations Act 2000 in such manner as may be prescribed in the Auxiliary Police Forces Regulations. |
(6A) To avoid doubt, where an oath is required to be taken under subsection (6), an auxiliary police officer may take the oath by appearing before a senior police officer through a live video link or live television link created using a remote communication technology that allows the senior police officer to —| (a) | maintain visual contact and communicate with the auxiliary police officer, and any interpreter present, throughout the process; | | (b) | confirm the identity of the auxiliary police officer and any interpreter present; and | | (c) | if the oath is to be subscribed, verify by inspection the oath to be subscribed. [Act 25 of 2023 wef 01/12/2023] |
|
| (7) Every auxiliary police officer must comply with every relevant directive issued under section 89(3), and failure to do so is a disciplinary offence. |
|
| Conditions of service of auxiliary police officers |
| 93.—(1) The emoluments, pensions, welfare and conditions of service of every auxiliary police officer and his or her day‑to‑day duties are matters entirely within the jurisdiction of the Government, if he or she is employed by the Government, or the statutory body, company or other organisation employing him or her. [10/2015] | (2) The standard arms, ammunition and other accoutrements are provided at the expense of the Government or such statutory body, company or organisation, whichever being the employer of the auxiliary police officer. |
| (3) Section 16 applies to auxiliary police officers who are members of an Auxiliary Police Force as it applies to police officers, except that auxiliary police officers are not precluded from making representations of the nature mentioned in section 16(4) to the statutory body, company or other organisation employing them. |
| (4) The Commissioner may, after consulting the statutory body, company or other organisation that is the employer of an Auxiliary Police Force, second one or more police officers for service with such Force, and the emoluments of those police officers are, during the secondment, to be paid by that statutory body, company or other organisation, as the case may be. [10/2015] |
|
| Cancellation of warrant cards |
94.—(1) A person ceases to be an auxiliary police officer immediately upon his or her dismissal by, or his or her resignation from the service of, the Government or by any statutory body, company or other organisation employing him or her (as the case may be) in its Auxiliary Police Force.| (2) Immediately on ceasing to be an auxiliary police officer, the person mentioned in subsection (1) must surrender his or her warrant card to the Commissioner through the person’s former employer or the Commander of the Auxiliary Police Force, and the Commissioner must cancel the warrant card. |
| (3) Despite subsections (1) and (2), the Commissioner may, after prior notice to the employer concerned, cancel at any time the warrant card issued to any auxiliary police officer, who then ceases to be an auxiliary police officer. |
|
| Discipline of auxiliary police officers |
95.—(1) Subject to subsection (2), an auxiliary police officer accused of any of the offences specified in the Auxiliary Police Forces Regulations may, instead of being punished by the imposition of any of the disciplinary punishments specified in those Regulations, be prosecuted in court, and in such event shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.| (2) Every auxiliary police officer who deserts 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 2 years or to both, in addition to any lesser disciplinary punishment authorised under the Auxiliary Police Forces Regulations. |
(3) For the purposes of this section, a person deserts if he or she —| (a) | leaves or fails to attend at his or her place of duty in his or her Auxiliary Police Force with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his or her place of duty in the Force, thereafter forms the like intention; or | | (b) | absents himself or herself without leave with intent to avoid service in the Auxiliary Police Force or mobilised service. |
|
| (4) Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (2). |
| (5) An auxiliary police officer may appeal against any finding or disciplinary punishment under this section to the Commissioner within 30 days from the date of the finding or punishment. |
| (6) In every case where an appeal has been lodged under subsection (5) against any punishment awarded, the punishment is suspended pending the determination of the appeal. |
| (7) The decision of the Commissioner on an appeal under subsection (5) is final. |
|
| Organisation of Auxiliary Police Force |
96.—(1) The employer of an Auxiliary Police Force must, with the approval of the Commissioner, appoint an auxiliary police officer or a police officer to be the Commander of the Auxiliary Police Force. | (2) The Commander is accountable to the Commissioner in respect of the discharge of his or her duties as a Commander of the Auxiliary Police Force and the exercise of police powers by the auxiliary police officers under his or her charge. |
| (3) Every Auxiliary Police Force must be organised in ranks similar to those of the Police Force, and is subject to the authority of the Commissioner for the maintenance of law and order, the preservation of public peace and the detection of crimes within the limits of Singapore. |
|
| Division 3 — Mobilisation of Auxiliary Police Forces |
| Mobilisation of auxiliary police officers |
97.—(1) The Commissioner may, with the approval of the Minister, mobilise for active service all or any of the members of an Auxiliary Police Force to perform general or special police duties, and such service continues until an order of demobilisation is made by the Commissioner with the approval of the Minister.| (2) Every person who is mobilised under this section must assemble at such place and perform such service as the Commissioner or his or her authorised officer directs. |
| (3) Every member of an Auxiliary Police Force, during the period of mobilisation, has the same powers and duties and the same protection and immunities of a police officer. |
| (4) A person mobilised for active service under this section who without reasonable excuse, the proof whereof shall lie on him or her, refuses or neglects to perform such service 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. |
| (5) Where a member of an Auxiliary Police Force is mobilised to perform any general or special police duty, the employer of such auxiliary police officer must provide the mobilised officer with the usual uniform, equipment, arms, ammunitions and such other accoutrements which are provided to the officer in his or her usual course of duties to enable the officer to discharge his or her duties effectively. |
(6) No employer may —| (a) | dismiss a person solely or mainly by reason of any duty or liability which that person is, or may become, liable to perform or discharge by reason of his or her being, or being liable to be, called up for mobilised service under this section; or | | (b) | refuse to grant that person leave of absence during his or her period of mobilised service. |
|
(7) An employer who contravenes subsection (6) shall be guilty of an offence and shall be liable —| (a) | on conviction of an offence under subsection (6)(a), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which the employer is convicted may order the employer to pay to the dismissed person as compensation a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to the dismissed person by the employer; and | | (b) | on conviction of an offence under subsection (6)(b), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. |
|
|
| Compensation to employer of mobilised auxiliary police officer |
98.—(1) The employer of an Auxiliary Police Force mobilised under section 97 is entitled to be compensated by the Commissioner such reasonable remuneration as may be fixed by the Commissioner in respect of an auxiliary police officer in the employer’s employment who is mobilised under that section.(2) In computing the remuneration under subsection (1), the Commissioner must have regard to the following:| (a) | the expenses incurred by the employer in respect of the auxiliary police officer who has been mobilised; | | (b) | the profits which might reasonably be expected to be made by the employer in respect of the services of the auxiliary police officer had he or she not been mobilised. |
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(3) As soon as may be practicable after the mobilisation of any auxiliary police officer, there must be given or sent to the employer of the officer, by such person and in such form and manner as may be specified by the Commissioner, a receipt for the mobilisation specifying —| (a) | the compensation, or the rate or amount thereof, offered in respect of the mobilisation; and | | (b) | a statement of the effect of subsection (5). |
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(4) As soon as may be practicable after the end of the period of mobilisation of any property used by an auxiliary police officer that was supplied by the auxiliary police officer’s employer, there must be given or sent to the employer of the officer, by such person and in such form and manner as aforesaid, a notice —| (a) | stating whether any, and if so what, damage to the property has occurred during the period of mobilisation (other than damage which has been made good by the Commissioner) or that the total loss of the property has occurred; | | (b) | specifying the compensation, or the rate or amount thereof, offered in respect of the damage or loss; and | | (c) | specifying the effect of subsection (6). |
|
| (5) A person to whom a receipt or notice under subsection (3) or (4) has been given or sent (called in this Act the claimant) is deemed to have accepted the offer contained in the receipt or notice unless he or she notifies the Commissioner, within 4 weeks after he or she receives the receipt or notice, of his or her claim for a greater amount or rate. |
| (6) Where a notice under subsection (4) has been given or sent stating that no damage has occurred to any property during the period of mobilisation, the claimant is deemed to have agreed that no damage has so occurred unless he or she notifies the Commissioner, within 4 weeks after he or she receives the notice, of his or her claim that damage has so occurred and stating the compensation he or she claims in respect of the damage. |
| (7) On the receipt of a claim under subsection (5) or (6), the Commissioner may notify the claimant that the Commissioner does not propose to make any further offer or that the Commissioner makes a specified further offer. |
| (8) Before making any compensation under this Act, the Commissioner may require reasonable particulars of the damage to any property which was supplied by the employer to the auxiliary police officer during mobilisation and of the circumstances in which it occurred and may require a reasonable opportunity to be afforded to a person authorised by the Commissioner to inspect the property. |
| (9) Nothing in this section operates so as to require the making of any payment of compensation before the end of the period of mobilisation of any property. |
|
| Disputes on compensation to be referred to Compensation Board for determination |
99.—(1) Any dispute as to whether any compensation is payable under section 98 and as to the amount of any compensation payable under that section must be referred to a Compensation Board for determination in accordance with the provisions of this Act.| (2) An application to a Compensation Board for the determination of any dispute under subsection (1) must be made in the prescribed manner. |
| (3) Subject to the Auxiliary Police Forces Regulations, the proceedings before a Compensation Board must be conducted in accordance with such directions as the Board may issue from time to time. |
| (4) All proceedings before the Compensation Board under this Act are deemed to be judicial proceedings within the meaning of the Penal Code 1871. |
|
| Decision of Compensation Board to be final |
100.—(1) Except as provided in this section, a decision of a Compensation Board is final and binding on the parties.(2) An appeal lies to the General Division of the High Court on any question of law arising out of a decision of a Compensation Board and on the determination of such an appeal the General Division of the High Court may, by order —| (a) | confirm, vary or set aside the decision of the Compensation Board; or | | (b) | direct the Compensation Board to reconsider its decision on the basis of the opinion of the General Division of the High Court on the question of law which was the subject of the appeal, |
| and where a direction is given under paragraph (b), the Compensation Board must, unless the General Division of the High Court otherwise directs, make its order within 3 months of the date of the order. |
[40/2019] |
|
101.—(1) For the purpose of determining disputes as to any entitlement to, or the quantum of, compensation payable under this Part for the mobilisation of any Auxiliary Police Force, there must be constituted a Compensation Board consisting of —| (a) | the president or a deputy president of a Compensation Board; and | | (b) | 2 other members selected by the president or deputy president from a panel of members constituted in accordance with this section. |
| (2) The president and every deputy president of a Compensation Board are to be appointed by the Minister for a period of 2 years and are eligible for re‑appointment, but no person is eligible for appointment unless he or she possesses the qualifications required for a District Judge under section 9(3) of the State Courts Act 1970 or is a District Judge appointed under section 9(1) of that Act. [5/2014] |
| (3) The Minister may appoint any number of deputy presidents that the Minister thinks fit. |
| (4) For the purpose of enabling a Compensation Board to be constituted, there must be a panel of not more than 20 persons, each of whom must be appointed by the Minister for a period of 2 years and is eligible for re‑appointment. |
(5) No person is eligible to be appointed or to remain the president, or a deputy president or a member of the panel if he or she —| (a) | is an undischarged bankrupt; | | (b) | has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or | | (c) | has a mental disorder and is incapable of managing himself or herself or his or her affairs. [21/2008] |
|
| (6) Where a person ceases to be a member of the panel, the Minister has to, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel does not invalidate the acts of any Compensation Board. |
| (7) The Minister may at any time revoke the appointment of a member of the panel. |
| (8) There are to be paid to the president, deputy presidents and members of a Compensation Board such emoluments as the Minister may determine. [10/2015] |
| (9) Every president, deputy president and member of a Compensation Board, when and so long as he or she is serving on the Compensation Board, is deemed to be a public servant within the meaning of the Penal Code 1871 and enjoys the same judicial immunity as is enjoyed by a District Judge. |
|
| Division 4 — General provisions |
| Protection of information |
102.—(1) A person, otherwise than in the performance of his or her duties or in the course of his or her business, must not reveal any information of a private or confidential nature which was acquired by him or her or which came to his or her knowledge in the course of his or her duties —| (a) | as an auxiliary police officer; or | | (b) | in connection with an Auxiliary Police Force, whether or not he or she is an auxiliary police officer. |
| (2) A person who contravenes subsection (1) 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 2 years or to both. |
|
| Powers of investigation for this Part |
103.—(1) The Minister may give such directions, not inconsistent with the provisions of this Part, as to the performance of the functions and duties and the exercise of its powers by the Commissioner under this Part, and the Commissioner must give effect to every such direction.(2) The Commissioner and any person authorised in writing in that behalf by the Commissioner, for the purposes of the execution of this Act, have the power to do all or any of the following:| (a) | to enter, inspect and examine by day or by night the place of business of every employer; | | (b) | to require the production of records, accounts and documents kept by the employer and to inspect, examine and copy any of them; | | (c) | to take such photographs and make such inquiry with the employer or any employee of the Auxiliary Police Force as may be necessary to ascertain whether the provisions of this Act are complied with. |
|
(3) A person who —| (a) | refuses the Commissioner or any authorised officer to enter or search, access to any place; | | (b) | assaults, obstructs, hinders or delays the Commissioner or any authorised officer in effecting any entrance which the Commissioner or the authorised officer is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; | | (c) | fails to comply with any lawful demand of the Commissioner or any authorised officer in the execution of his or her duty under this Act; or | | (d) | refuses or neglects to give any information which may reasonably be required of the person and which he or she has it in his or her power to give, |
| 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 12 months or to both. |
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(4) For the purposes of Division 1B, the Commissioner or a person authorised in that behalf by him or her may, by written notice, direct any employer of an Auxiliary Police Force to obtain from any person who holds any equity interest in the employer, or who has control over any voting power in the employer, and to transmit to the Commissioner information —| (a) | as to whether that person holds the equity interests as beneficial owner or as trustee and whether the person holds any other equity interests in the employer; | | (b) | as to the nature of the control over the voting power in the employer and the percentage of the voting power the person has control over; and | | (c) | if the holder of the equity interests (A) holds the interest as trustee, to indicate, so far as A can, the person (B) for whom A holds the interest (either by name or by other particulars sufficient to enable B to be identified) and the nature of A’s interest, |
| and the employer must comply with that direction within such time as may be specified in the notice. |
[Act 21 of 2021 wef 02/09/2022] |
(5) The Commissioner may, by written notice, require any shareholder of an employer of an Auxiliary Police Force, or any person who appears from the information provided to the Commissioner under subsection (4) or this subsection to have an interest in any share in such an employer, to inform the Commissioner —| (a) | whether the shareholder holds that interest as beneficial owner or as trustee, and if he or she holds the interest as trustee, to indicate, so far as he or she can, the person for whom he or she holds the interest (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his or her interest; or | | (b) | whether any share or any voting right attached to the share is the subject of an agreement or arrangement described in section 88, and if so, to give particulars of the agreement or arrangement and the parties to it, |
| and the person must comply with that notice within such time as may be specified in the notice. |
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(6) A person who —| (a) | fails to comply with a notice under this section; or | | (b) | in purported compliance of the notice, knowingly or recklessly makes a statement which is false in a material particular, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. |
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| Auxiliary Police Forces Regulations |
104.—(1) The Minister may make regulations to carry out the purposes of this Part.(2) Without limiting subsection (1), the Minister may make regulations for or with respect to —| (a) | the organisation, structure and management of Auxiliary Police Forces; | | (b) | the schemes of training for auxiliary police officers; | | (c) | the appointments and promotions of auxiliary police officers; | | (d) | the discipline and punishment of auxiliary police officers, including a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years or both for any auxiliary police officer who is convicted of an offence under these regulations; | | (e) | the uniform and equipment, arms and ammunition to be carried by auxiliary police officers; | | (f) | the auditing of the conduct of operation, suitability and availability, recruitment and training of an Auxiliary Police Force as may be necessary for preventing abuse or neglect of duty, and for rendering the Auxiliary Police Force efficient in the discharge of their duties and for the carrying out of the objects of this Act; | | (g) | the establishment and administration of any association established for the welfare of auxiliary police officers and the control of the funds of any such association and the collection of subscriptions from members thereof; | | (h) | the powers and procedure of a Compensation Board, including the awarding of costs and referring questions of law to the General Division of the High Court; | | (i) | such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Auxiliary Police Forces efficient in the discharge of their duties and for carrying out the objects of this Act; [Act 21 of 2021 wef 02/09/2022] | | (ia) | the circumstances under which a person would be considered an associate for the purposes of Part 9*; [Act 21 of 2021 wef 02/09/2022] | | (ib) | the form and manner in which any notice or application for an approval under section 87 or 88 must be given or made, and the person or persons who are required to give the notice or make the application; and [Act 21 of 2021 wef 02/09/2022] | | (j) | any other matter which by this Part is required or permitted to be prescribed. [40/2019] [*Updated to be consistent with the 2020 Revised Edition] |
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| (3) All Auxiliary Police Forces Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette. |
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| Liability of Government for acts committed by auxiliary police officer |
105.—(1) Any act done or omitted to be done by any auxiliary police officer employed by any statutory body, company or other organisation is deemed to be an act done or omitted to be done in the course of his or her employment with such statutory body, company or other organisation, as the case may be.| (2) The Government shall not be liable for any act done or omitted to be done by any auxiliary police officer who is not employed by the Government. |
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