PART II | ASSEMBLIES AND PROCESSIONS |
| Regulation of public assemblies and public processions |
5.—(1) Subject to the provisions of this Act, a public assembly and a public procession shall not take place unless —| (a) | the Commissioner is notified under section 6 of the intention to hold the public assembly or public procession, and a permit is granted under section 7 in respect of that public assembly or public procession, as the case may be; and | | (b) | the holding of that public assembly or public procession is not prohibited under section 12 or 13. |
(2) This section shall not apply to —| (a) | an assembly or a procession exempted from this section under section 46; and | | (b) | an assembly or a procession within any part of an unrestricted area not falling within a special event area of an enhanced security special event. [Act 23 of 2017 wef 01/10/2017] |
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| Advance notice of public assembly or public procession |
6.—(1) Notice of intention to organise a public assembly or public procession shall be given in accordance with subsections (2) and (3) to the Commissioner in the prescribed manner accompanied by an application for a permit in respect of that assembly or procession, as the case may be.| (2) Notice under this section shall be given not less than the prescribed period before the date on which the assembly or procession, as the case may be, is to be held. |
(3) Notice under this section shall —| (a) | be given in writing in such form as may be prescribed; | | (b) | be given —| (i) | if it is a demonstration carried on by a person by himself or a march by a person alone, by that person; and | | (ii) | in any other case, by any of the organisers of the assembly or procession; and |
| | (c) | contain all the following particulars:| (i) | the location, date and time where and when the assembly or procession, as the case may be, is to be held and the estimated time at which it will disband; | | (ii) | in the case of a procession, the location, time of commencement and duration of any assembly to be held in conjunction with the procession and the route, the places (if any) at which the procession will halt and time for which it will remain stationary in each such place; | | (iii) | the number of persons likely to take part in it; | | (iv) | the purpose of the assembly or procession; | | (v) | the name, address and telephone number of the organiser of the assembly or procession, and of a person able to act, if necessary, in place of the organiser for the purposes of section 8(1)(a); | | (vi) | the arrangements for its control being made by the person proposing to organise it; | | (vii) | such other particulars and information relating to the assembly or procession as may be prescribed; | | (viii) | such other particulars and information relating to that particular assembly or procession, as the case may be, as the Commissioner may require. |
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| (4) Notwithstanding subsection (2), the Commissioner may, and shall in any case where he is reasonably satisfied that earlier notice could not have been given, accept shorter notice than is as mentioned in that subsection. |
| (5) In cases where the Commissioner has decided not to accept shorter notice than is as mentioned in subsection (2), he shall as soon as practicable inform in writing the person purporting to give such notice of his decision. |
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| Advance notice of events having prescribed crowd size |
6A.—(1) Without affecting section 6, special notice of intention to organise an event (whether or not comprising or involving an assembly or a procession) must be given to the Commissioner in the prescribed manner, with the prescribed information, by any event organiser for the event if the event organiser reasonably expects more than a prescribed number of individuals to participate in or to attend the event at any time during the holding of the event.(2) Unless the Commissioner accepts shorter notice under subsection (3), special notice under this section must be given not less than the prescribed period —| (a) | before the proposed date of the event; or | | (b) | in the case where the event is to take place during a proposed period, before the beginning of that proposed period. |
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| (3) The Commissioner may, and must in any case where the Commissioner is reasonably satisfied that earlier notice could not have been given, accept shorter notice than is as mentioned in subsection (2). |
| (4) For the purposes of subsection (1), the Minister may prescribe different numbers of individuals for different classes of events. |
| (5) An event organiser who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
[Act 23 of 2017 wef 01/10/2017] |
| Permit for public assembly or public procession |
7.—(1) The Commissioner shall, upon receipt of any notice and application under section 6 for a permit in respect of a proposed public assembly or public procession, have regard to the information furnished in the notice and any other information available to him in relation to the proposed public assembly or public procession, as the case may be, and may thereafter either —| (a) | grant a permit (with or without conditions) in respect of the proposed public assembly or public procession, as the case may be; or | | (b) | refuse to grant a permit in respect of the proposed public assembly or public procession. |
(2) The Commissioner may refuse to grant a permit for a public assembly or public procession in respect of which notice under section 6 has been given if he has reasonable ground for apprehending that the proposed assembly or procession may —| (a) | occasion public disorder, or damage to public or private property; | | (b) | create a public nuisance; | | (c) | give rise to an obstruction in any public road; | | (d) | place the safety of any person in jeopardy; | | (e) | cause feelings of enmity, hatred, ill-will or hostility between different groups in Singapore; | | (f) | glorify the commission or preparation (whether in the past, in the future or generally) of acts of terrorism or any offence or otherwise have the effect of directly or indirectly encouraging or otherwise inducing members of the public to commit, prepare or instigate acts of terrorism or such an offence; [Act 23 of 2017 wef 01/10/2017] | | (g) | be held within or enter a prohibited area, or an area to which an order or a notification under section 13 applies; or [Act 23 of 2017 wef 01/10/2017] | | (h) | be directed towards a political end and be organised by, or involve the participation of, any of the following persons:| (i) | an entity that is not a Singapore entity; | | (ii) | an individual who is not a citizen of Singapore. |
[Act 23 of 2017 wef 01/10/2017] |
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| (2A) During the period an activation order has effect under the Public Order and Safety (Special Powers) Act 2018, the Commissioner may refuse to issue any permit for or in respect of a public assembly or public procession to be held within or enter an area which is the target of a special authorisation granted under that Act as a result of the activation order. [Act 26 of 2018 wef 16/05/2018] |
(3) In this section —“directed towards a political end” means —| (a) | promoting the interests of a political party or other group of persons organised, in Singapore or elsewhere, for political objects; | | (b) | influencing, or seeking to influence, the outcome of elections or referendums, whether in Singapore or elsewhere; | | (c) | influencing, or seeking to influence, the policies or decisions of national or regional governments, whether in Singapore or elsewhere; | | (d) | influencing, or seeking to influence, the policies or decisions of persons on whom public functions are conferred by or under the law of Singapore or of a country or territory outside Singapore; | | (e) | influencing, or seeking to influence, the policies or decisions of persons on whom functions are conferred by or under international agreements; | | (f) | influencing, or seeking to influence, public opinion on a matter which, in Singapore or elsewhere, is a matter of public controversy; | | (g) | bringing about, or seeking to bring about, changes of the law in the whole or a part of Singapore or elsewhere, or otherwise influencing, or seeking to influence, the legislative process in Singapore or elsewhere; or | | (h) | promoting or opposing political views, or public conduct relating to activities that have become the subject of a political debate, in Singapore or elsewhere; |
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| “Singapore entity” means a Singapore‑controlled corporation, a Singapore‑controlled partnership or a Singapore‑controlled unincorporated association; |
“Singapore‑controlled corporation” means a body corporate that —| (a) | is incorporated under any written law in Singapore; | | (b) | has a management body (called an executive, a board of directors or otherwise), the majority of whose members (called directors, partners or otherwise) are citizens of Singapore; and | | (c) | has a majority of members who are citizens of Singapore or Singapore entities or, in the case of a company having a share capital, the majority of whose shares are held by citizens of Singapore or Singapore entities; |
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“Singapore‑controlled partnership” means —| (a) | a firm registered under the Business Names Registration Act 2014 (Act 29 of 2014) in Singapore, the majority of whose partners are citizens of Singapore or one or more Singapore entities; or | | (b) | a limited partnership registered under the Limited Partnerships Act (Cap. 163B) in Singapore —| (i) | the majority of whose general partners as defined in that Act are citizens of Singapore or Singapore entities; and | | (ii) | the majority of whose limited partners as defined in that Act are citizens of Singapore or Singapore entities; |
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“Singapore‑controlled unincorporated association” means an unincorporated association that —| (a) | is formed in Singapore under any written law; | | (b) | has a management body (called a committee, council or otherwise), the majority of whose members are citizens of Singapore; and | | (c) | has a majority of members who are citizens of Singapore or Singapore entities. |
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[Act 23 of 2017 wef 01/10/2017] |
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| Conditions applying to public assembly or public procession |
8.—(1) At every public assembly or public procession —| (a) | there shall be present throughout the assembly or procession either the person who organised the assembly or procession or, if he is not present, a person nominated by him, in writing, to act in his place; and | | (b) | good order and public safety shall be maintained throughout the assembly or procession, as the case may be. |
| (2) In granting a permit for a public assembly or public procession, the Commissioner may impose on the organisers of, and the persons taking part in, the assembly or procession such conditions specified in the permit and relating to the assembly or procession as in the Commissioner’s opinion are necessary to prevent the assembly or procession, as the case may be, being carried out to result in anything referred to in section 7(2)(a) to (h). [Act 23 of 2017 wef 01/10/2017] |
(3) Without prejudice to the generality of subsection (2), the conditions may, in particular, impose requirements as to —| (a) | the number of persons who may take part in the public assembly or public procession; | | (b) | the number and size of banners, placards, displays or other paraphernalia used; | | (c) | the engagement of such number of marshals and security officers as may be necessary to ensure that good order and public safety shall be maintained throughout the assembly or procession, as the case may be; and | | (d) | the place or places where the public assembly or public procession may, or may not, be carried on. |
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(4) The Commissioner may, if he reasonably believes that it is necessary in order to prevent anything referred to in section 7(2)(a) to (h) from happening —| (a) | impose additional conditions on those organising or taking part in an assembly or a procession authorised by a permit; or | | (b) | amend any condition previously imposed under subsection (2) or paragraph (a), |
| and the senior police officer may give directions to those organising or taking part in the assembly or procession to ensure the due observance of any condition imposed under subsection (2). |
[Act 23 of 2017 wef 01/10/2017] |
| (5) Any reference in this Act to a condition imposed under subsection (2) shall, except where the context otherwise requires, include reference to an additional condition or amendment to such a condition imposed under subsection (4). |
(6) In this section —| “assembly” and “procession” include the period of first assembly of the assembly and procession, respectively, to the time it disbands; |
| “senior police officer” means the most senior in rank of the police officers present at the scene of the assembly or procession, or any one of them if there are more than one of the same rank. |
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| Form and validity of permit |
9. A permit granted under section 7 shall —| (a) | be in such form as the Commissioner may determine; | | (b) | contain the conditions subject to which it is granted; and | | (c) | unless earlier cancelled by or under this Act, be valid —| (i) | in respect of the holding of such particular public assembly or public procession specified in the permit; or | | (ii) | for such period (not exceeding one year) as may be specified therein. |
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| When permit may be cancelled |
10.—(1) The Commissioner may, by notice in writing to the person to whom the permit is granted, cancel the permit that has been granted thereto.(2) Without prejudice to subsection (1), the Commissioner may, by notice in writing, cancel a permit that has been granted to any person if —| (a) | the permit has been reported lost or stolen; | | (b) | there is reasonable cause to believe that the permit has been obtained by means of any false statement or any statement that is false in a material particular; | | (c) | the Commissioner becomes aware of a circumstance that would have required or permitted him to refuse the permit to the person had he been aware of the circumstance immediately before the grant thereof; or | | (d) | there is reasonable cause to believe that any condition of the permit has been contravened. |
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(2A) A permit which is granted for or in respect of a public assembly or public procession is treated as cancelled immediately if —| (a) | a special authorisation is granted under section 11 of the Public Order and Safety (Special Powers) Act 2018 pursuant to the giving of an activation order under that Act; and | | (b) | the public assembly or public procession is being or is to be held within, or enter or is to enter, an area which is the target area of that special authorisation. |
[Act 26 of 2018 wef 16/05/2018] |
| (3) Every permit that is cancelled under subsection (1) or (2A) shall thereupon be invalid and cease to be in force. [Act 26 of 2018 wef 16/05/2018] |
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11.—(1) If a person is aggrieved by the Commissioner’s decision under this Part —| (a) | to refuse to grant a permit; | | (b) | to cancel a permit; or | | (c) | to impose any particular condition on a permit, |
| the person may, within 7 days after being notified of the decision (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 7 days), appeal to the Minister whose decision shall be final. |
| (2) An appeal must be in writing, and specify the grounds on which it is made. |
(3) After receiving an appeal under subsection (1), the Minister shall consider the appeal and —| (a) | reject the appeal and confirm the Commissioner’s decision; | | (b) | allow the appeal in whole or in part and vary the Commissioner’s decision; | | (c) | set aside the Commissioner’s decision and make a decision in substitution for it; or | | (d) | direct the Commissioner to reconsider his decision, |
| and the appellant shall be notified in writing of the Minister’s decision in respect of his appeal accordingly. |
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| (3A) This section does not apply to or in relation to any cancellation of a permit in the circumstances mentioned in section 10(2A). [Act 26 of 2018 wef 16/05/2018] |
| (4) In this section, any reference to the Minister shall include a reference to any Minister of State designated by the Minister to hear any appeal under this section in place of the Minister. |
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12.—(1) If, in relation to any public place, the Minister is of the opinion that, having regard to the extent of powers exercisable under section 13, it is necessary in the public interest to do so, the Minister may, by order published in the Gazette, prohibit the holding of all public assemblies or public processions or both in the public place (referred to in this Act as a prohibited area).| (2) An order made under subsection (1) may exclude any assembly or procession, or any assembly or procession of any class or description, specified in the order from the prohibition therein. |
| (3) An order made under subsection (1) shall have the effect of cancelling any previous permit granted under section 7 in relation to any public assembly or public procession, the holding of which is prohibited by the order. |
| (4) All orders made under this section shall be presented to Parliament as soon as possible after publication in the Gazette. |
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| Power to prohibit assembly or procession in public interest |
13.—(1) If, in the case of any proposed public assembly or public procession, the Minister is of the opinion that it is necessary in the public interest to do so, the Minister may, by order published in the Gazette, prohibit the holding of that public assembly or public procession.(2) If, in relation to any public place and any period of time not exceeding 28 days, the Commissioner is of the opinion that, having regard to —| (a) | any serious public disorder or serious damage to public or private property which may result from public assemblies or public processions of a particular class or description in that public place during that period; | | (b) | any serious public nuisance or obstruction in any public road, or threat to the safety of persons in that public place, that may result from such public assemblies or public processions; | | (c) | any serious impact which such public assemblies or public processions may have on relations between different groups in Singapore; | | (d) | any undue demands which such public assemblies or public processions may cause to be made on the police or military forces; and | | (e) | the extent of powers exercisable under subsection (1), |
| it is necessary in the public interest to do so, he may, with the concurrence of the Minister, by notification published in the Gazette, prohibit the holding of all public assemblies or public processions or both, or of that class or description, in that public place during that period. |
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| (3) An order made under subsection (1) in relation to an assembly or a procession shall have the effect of cancelling any previous permit granted under section 7 in relation to that assembly or procession. |
| (4) A notification made under subsection (2) shall have the effect of cancelling any previous permit granted under section 7 in relation to any assembly or procession, the holding of which is prohibited by the notification. |
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14.—(1) If the Minister is of the opinion that, having regard to the natural environment of any public place and the likelihood of any serious disruption to the life of the community (such as but not limited to the rights of members of the public to enjoy the natural environment and the rights of persons to carry on business), it is appropriate to allow citizens and other persons to exercise the right to participate in assemblies and processions in that public place, the Minister may, by order published in the Gazette, designate that public place (referred to in this Act as an unrestricted area) to be an area whereby no notice under section 6, and no permit under section 7, shall be required for the holding of all assemblies or processions or both therein.(2) An order made under subsection (1) shall —| (a) | describe the unrestricted area, whether by means of a description, map or other document; | | (b) | state any period for which the order is in force; and | | (c) | state the conditions (if any) that apply to the organising of, or taking part in, any assembly or procession within that unrestricted area. |
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(3) An order made under subsection (1) may —| (a) | provide that any contravention of any condition therein that is applicable to the organising of or taking part in any assembly or procession within the unrestricted area subject to the order shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both; and | | (b) | provide for such transitional, savings and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient. |
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(3A) However, an order under subsection (1) designating a public place as an unrestricted area immediately expires if —| (a) | a special authorisation is granted under section 11 of the Public Order and Safety (Special Powers) Act 2018 pursuant to the giving of an activation order under that Act; and | | (b) | the public place, or any part of the public place, falls within the target area of the special authorisation. |
[Act 26 of 2018 wef 16/05/2018] |
| (4) All orders made under this section shall be presented to Parliament as soon as possible after publication in the Gazette. |
| (5) This section shall have effect subject to section 33. |
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| Offences in prohibited areas, etc. |
15.—(1) A person who organises an assembly or a procession the holding of which he knows or ought reasonably to know is prohibited by an order under section 12(1) or 13(1) or a notification under section 13(2), as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.| (2) A person who takes part in an assembly or a procession the holding of which he knows or ought reasonably to know is prohibited by an order under section 12(1) or 13(1) or a notification under section 13(2), as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
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| Other offences in relation to assemblies or processions |
16.—(1) Each person who organises a public assembly or public procession —| (a) | in respect of which no permit has been granted under section 7 or no such permit is in force, where such permit is required by this Act; | | (b) | which is held —| (i) | on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or | | (ii) | in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; or |
| | (c) | which is not in compliance with any condition imposed under section 8(2) on persons organising that assembly or procession, [Act 23 of 2017 wef 01/10/2017] |
| shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction to a fine not exceeding $5,000. |
(2) Each person who takes part in a public assembly or public procession —| (a) | in respect of which no permit has been granted under section 7 or no such permit is in force, where such permit is required by this Act; | | (b) | which is held —| (i) | on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or | | (ii) | in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; or |
| | (c) | which is not in compliance with any requirement imposed by section 8(1)(b) or any condition imposed under section 8(2) on persons taking part in that assembly or procession, |
| shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction to a fine not exceeding $3,000. |
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(3) Where a person who is convicted or found guilty of an offence under subsection (1) or (2) is a repeat offender, the person shall be liable on conviction —| (a) | if the person is one who organises an assembly or a procession — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and | | (b) | if the person is one who takes part in an assembly or a procession — to a fine not exceeding $5,000. |
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(4) A person organising or taking part in an assembly or a procession who knowingly fails to comply with any direction of the senior police officer given under section 8(4) shall be guilty of an offence and shall be liable on conviction —| (a) | in the case of a person organising an assembly or a procession — to a fine not exceeding $10,000; and | | (b) | in the case of a person taking part in an assembly or a procession — to a fine not exceeding $5,000. |
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(5) For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1) or (2) if the person who is convicted, or found guilty, of an offence under subsection (1) or (2) (referred to as the current offence) has been convicted or found guilty of —| (a) | an offence under subsection (1) or (2); | | (b) | an offence under section 5(4) of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184) as in force immediately before the commencement of this section; or | | (c) | an offence under any rules made under section 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act as in force immediately before the commencement of this section, in relation to any assembly or procession in any public road, public place or place of public resort held without a permit under those rules or in contravention of any term or condition of such a permit, |
| on at least one other occasion within the period of 5 years immediately before the date on which he is convicted or found guilty of the current offence. |
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(6) This section shall not apply to —| (a) | an assembly or a procession exempted from this section under section 46; and | | (b) | an assembly or a procession within an unrestricted area not falling within a special event area of an enhanced security special event. [Act 23 of 2017 wef 01/10/2017] |
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17.—(1) In any proceedings for an offence under section 16(1)(a) or (2)(a), it shall be a defence for the person charged to prove that he did not know, and neither suspected nor had reason to suspect, that no permit had been granted under section 7 in respect of the assembly or procession or that no such permit is in force, as the case may be.(2) In any proceedings for an offence under section 16(1)(b) or (2)(b), it shall be a defence for the person charged to prove that —| (a) | he did not know, and neither suspected nor had reason to suspect, the difference in date, time or route; or | | (b) | the difference arose from —| (i) | circumstances beyond his control; | | (ii) | something done in compliance with conditions imposed under section 8(2); or | | (iii) | something done with the agreement of a police officer not below the rank of sergeant or by the senior police officer’s direction under section 8(4). |
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| (3) In any proceedings for an offence under section 16(1)(c) or (2)(c), it shall be a defence for the person charged to prove that he did not know, and neither suspected nor had reason to suspect, that the assembly or procession was not in compliance with any of the conditions of the permit for the assembly or procession. |
| (4) In any proceedings for an offence under section 16(4), it shall be a defence for the person charged to prove that his failure to comply with a direction of the senior police officer given under section 8(4) arose from circumstances beyond his control. |
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| Obstructing free passage of any ambulance, etc. |
18. Where a person at, or in relation to, an assembly or a procession conducted pursuant to a permit —| (a) | acts in a disorderly manner for the purpose of preventing the transaction of the business for which the assembly or procession assembled; | | (b) | obstructs the free passage of any ambulance, fire engine or vehicle belonging to the Singapore Police Force or the Singapore Civil Defence Force or, otherwise than in the manner and to the extent authorised by the permit relating to that assembly or procession, impedes or disrupts the use by members of the public in general of any road; or | | (c) | incites other persons to do so, |
| the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
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| Legal immunity for participant in lawful assembly or procession |
19. If an assembly or a procession —| (a) | is the subject of a permit; | | (b) | is peaceful; and | | (c) | is held in accordance with the conditions imposed on the permit, |
| a person who takes part in the assembly or procession, does not, merely because of his taking part, incur any civil or criminal liability because of the obstruction of a public place. |
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