PART V
MISCELLANEOUS
Power of arrest
40.  Any police officer may arrest without warrant any person offending in his view against any of the provisions of this Act, and take him before a Magistrate’s Court to be dealt with according to law.
Composition of offences
41.—(1)  The Commissioner or any police officer authorised in writing by the Commissioner may, in his discretion, compound any offence under this Act which is prescribed as an offence which may be compounded by the Commissioner or such police officer by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of either of the following amounts:
(a)one half of the amount of the maximum fine that is prescribed for the offence; or
(b)$5,000.
(2)  On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
Owner or occupier of premises where unlawful assembly, etc., takes place
42.  Where the owner or occupier of any premises upon which an assembly or a procession is about to take place is given notice by any police officer that the assembly or procession is unlawful under Part II, and such assembly or procession does take place on those premises, the owner or occupier of those premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, unless he took all reasonable measures and exercised all due diligence to prevent the assembly or procession from taking place.
Onus of proof
43.  In any proceedings under this Act, the onus of proving that the public or any class of the public did not have access to any public place shall lie on the person alleging the fact.
Offences by bodies corporate, etc.
44.—(1)  Where an offence under this Act committed by a body corporate is proved —
(a)to have been committed with the consent or connivance of an officer; or
(b)to be attributable to any act or default on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2)  Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
[2/2012]
(3)  Where an offence under this Act committed by a partnership is proved —
(a)to have been committed with the consent or connivance of a partner; or
(b)to be attributable to any act or default on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4)  Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5)  Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)to be attributable to any act or default on the part of such an officer or a member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(6)  In this section —
“body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act (Cap. 163A);
“officer”  —
(a)in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and
(b)in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(7)  The regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
Service of documents, etc.
45.—(1)  Any document required or authorised to be given or served under this Act may be served —
(a)in the case of an individual —
(i)by delivering it to the individual personally;
(ii)by leaving it with an adult person apparently resident at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual;
(iii)by leaving it with an adult person apparently employed at, or by sending it by pre-paid registered post to, the usual or last known address of the place of business of the individual;
(iv)by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual;
(v)by sending it by facsimile transmission to the fax transmission number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Commissioner or an authorised officer by the individual as the facsimile transmission number for the service of documents on the individual; or
(vi)by electronic communication, by sending an electronic communication of the document to the last email address given to the Commissioner or an authorised officer by the individual as the email address for the service of documents on the individual;
(b)in the case of a partnership other than a limited liability partnership —
(i)by delivering it to any one of the partners or the secretary or other like officer of the partnership;
(ii)by leaving it at, or by sending it by pre-paid registered post to, the principal or last known place of business of the partnership in Singapore;
(iii)by sending it by facsimile transmission to the fax transmission number operated at the principal or last known place of business of the partnership in Singapore; or
(iv)by electronic communication, by sending an electronic communication of the document to the last email address given to the Commissioner or an authorised officer by the partnership as the email address for the service of documents on the partnership; and
(c)in the case of any limited liability partnership or any other body corporate —
(i)by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;
(ii)by leaving it at, or by sending it by pre-paid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore;
(iii)by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or
(iv)by electronic communication, by sending an electronic communication of the document to the last email address given to the Commissioner or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate.
(2)  In addition to the modes of service prescribed in subsection (1), any document required or authorised to be given or served under Part II in connection with an advance notice of or an application for a permit in respect of a public assembly or public procession, the grant or cancellation of such a permit, or an appeal under section 11, may, subject to subsection (4), be served by electronic communication, by sending an electronic communication of the document —
(a)in the case of an individual — to the last email address given to the Commissioner or an authorised officer by the individual as the email address for the service of documents on the individual;
(b)in the case of a partnership other than a limited liability partnership — to the last email address given to the Commissioner or an authorised officer by the partnership as the email address for the service of documents on the partnership; and
(c)in the case of any limited liability partnership or any other body corporate — to the last email address given to the Commissioner or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate.
(3)  Where any notice or other document to be served by the Commissioner or the Minister is —
(a)sent by a facsimile transmission to the fax transmission number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be;
(b)sent by electronic communication to an email address in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and
(c)sent by pre-paid registered post, it shall be deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.
(4)  Service of any document under subsection (2) on a person by electronic communication may be effected only if the person gives as part of his or its address for service an email address.
(5)  This section shall not apply to notices and documents to be served in proceedings in court.
Power to exempt
46.  The Minister may, by order published in the Gazette, with or without conditions, exempt any person or class of persons, or any assembly or procession or class of assemblies or processions, from any of the provisions of this Act.
Regulations
47.—(1)  The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
(2)  Without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:
(a)the form or particulars of application for the issue of a permit or prohibited item permit;
[Act 16 of 2015 wef 01/06/2015]
(b)the conditions subject to which such a permit or prohibited item permit may be issued;
[Act 16 of 2015 wef 01/06/2015]
(c)the procedure as regards the lodging of an appeal under section 11 and the practice and procedure upon the hearing of such an appeal;
(d)the fees to be paid in respect of any matter or anything done, or any services rendered, by the Commissioner under or by virtue of this Act;
(e)the waiver or refund, in whole or in part, by authorised officers of any such fees in the circumstances of any particular case;
(f)the offences which may be compounded under section 41 and the manner in which such offences may be compounded;
(g)the prescribing of anything that is required or permitted to be prescribed under this Act.
(3)  The regulations may —
(a)provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both;
(b)prescribe different fees for different classes of permits; and
(c)provide for such transitional, savings and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient.
(4)  All regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
Application of other laws
48.—(1)  This Act shall have effect notwithstanding any other law relating to the movement of traffic or pedestrians on roads or the use or obstruction of a public place, to air navigation, to public entertainment or to undesirable publications.
[Act 16 of 2015 wef 01/06/2015]
(2)  Notwithstanding subsection (1), nothing in this Act shall affect the common law of trespass and, in particular, the right of a person in, or entitled to, possession of land to request a trespasser to leave the land, and if the trespasser refuses to leave on being requested, to remove the trespasser from the land.
(3)  To avoid doubt, nothing in Part III affects the operation of the provisions of the Liquor Control (Supply and Consumption) Act 2015 (Act 5 of 2015) in relation to any Liquor Control Zone declared under section 15(1) of that Act that falls wholly or partly within a special event area.
[Act 23 of 2017 wef 01/10/2017]
Saving and transitional provisions
49.—(1)  Any —
(a)permit granted before 9th October 2009 under any rules made under section 5 of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184) in respect of any assembly or procession; or
(b)licence granted before 9th October 2009 for a licence under the Public Entertainments and Meetings Act (Cap. 257) in respect of any lecture, talk, address, debate or discussion,
shall, so far as it is not inconsistent with the provisions of this Act, continue and be deemed to be a permit granted under Part II of this Act.
(2)  Any notice, order or other document prepared, issued or made under —
(a)any rules made under section 5 of the Miscellaneous Offences (Public Order and Nuisance) Act in respect of any assembly or procession; or
(b)the Public Entertainments and Meetings Act in respect of any lecture, talk, address, debate or discussion by the Licensing Officer under that Act,
shall, so far as it is not inconsistent with the provisions of this Act, continue and be deemed to have been prepared, issued or made by the Commissioner under the corresponding provisions of Part II of this Act.
(3)  Any —
(a)application before 9th October 2009 for a permit under any rules made under section 5 of the Miscellaneous Offences (Public Order and Nuisance) Act in respect of any assembly or procession; or
(b)application before 9th October 2009 for a licence under the Public Entertainments and Meetings Act in respect of any lecture, talk, address, debate or discussion,
whose application was not granted before that date shall, where applicable, be deemed to be an application for a permit under Part II of this Act.
(4)  Where —
(a)an appeal has been made to the Minister under section 10(5), 11(6), 13(3) or 14(5) of the Public Entertainments and Meetings Act as in force immediately before 9th October 2009; and
(b)the appeal has not been dealt with or disposed of immediately before that date,
the appeal may continue to be dealt with in accordance with that Act as if the Schedule to that Act had not been amended on that date.
(5)  Except as otherwise expressly provided in an order made under this section, where any period of time specified in —
(a)any rules made under section 5 of the Miscellaneous Offences (Public Order and Nuisance) Act as in force immediately before 9th October 2009; or
(b)the Public Entertainments and Meetings Act as in force immediately before 9th October 2009 in relation to any lecture, talk, address, debate or discussion,
is current immediately before 9th October 2009, this Act shall have effect as if the corresponding provision in this Act had been in force when the period began to run; and (without prejudice to the foregoing) any period of time so specified and current shall be deemed for the purposes of this Act —
(i)to run from the date or event from which it was running immediately before 9th October 2009; and
(ii)to expire (subject to any provision of this Act for its extension) whenever it would have expired if this Act had not been enacted,
and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as above mentioned shall be under this Act as they were or would have been under that former provision.
(6)  Except as otherwise expressly provided, nothing in this section shall affect any saving provided by the Interpretation Act (Cap. 1).