Minor Offences (Amendment) Act 1989 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 26]

Friday, June 9

[1989

The following Act was passed by Parliament on 16th February 1989 and assented to by the President on 22nd March 1989:—

Minor Offences (Amendment) Act 1989

(No. 10 of 1989)

I assent.

WEE KIM WEE

President.

22nd March 1989.

Date of Commencement: 9th June 1989

An Act to amend the Minor Offences Act (Chapter 184 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Minor Offences (Amendment) Act 1989 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of long title

2. The long title of the Minor Offences Act (referred to in this Act as the principal Act) is amended by deleting the words “minor offences” and substituting the words “offences against public order, nuisance and property”.

Amendment of section 1

3. Section 1 of the principal Act is amended by deleting the words “Minor Offences Act” and substituting the words “Miscellaneous Offences (Public Order and Nuisance) Act”.

Amendment of section 2

4. Section 2 of the principal Act is amended by inserting, immediately after the definition of “in or near any public road”, the following definition:

“ “public place” means any place or premises to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;”.

Amendment of section 4

5. Section 4 of the principal Act is amended by inserting, immediately after the words “District Court”, the words “; and notwithstanding the provisions of any other written law, a Magistrate’s Court shall have the power to impose the maximum penalty prescribed for any such offence”.

Repeal and re-enactment of section 5

6. Section 5 of the principal Act is repealed and the following section substituted therefor:

“Assemblies and processions

5.—(1) The Minister may make rules —

(a)	regulating assemblies and processions in public roads, public places and places of public resort;
(b)	providing for the grant of permits for holding assemblies and processions in public roads, public places and places of public resort, and the fees to be charged therefor;
(c)	for keeping order and preventing obstruction or inconvenience in public roads, bridges, landing places, and all public places and places of public resort; and
(d)	prescribing the punishment by a fine not exceeding $5,000 or imprisonment for a term not exceeding 3 months or both for any act or omission in contravention of the provisions of any such rules.

(2) The Minister may by order prohibit or restrict, subject to such conditions as may be specified in the order, the holding of any assembly or procession in any public road, public place or place of public resort specified in the order.

(3) A Deputy Commissioner of Police may, with the concurrence of the Minister, prohibit or restrict the holding of any assembly or procession in any specified public road, public place or place of public resort in any particular case where the Deputy Commissioner is satisfied that the holding of such assembly or procession may result in public disorder, damage to property or disruption to the life of the community.

(4) Any person who —

(a)	organises or assists in organising any assembly or procession in any public road, public place or place of public resort in contravention of any order under subsection (2) or any prohibition or restriction under subsection (3) 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; or
(b)	participates in any assembly or procession in any public road, public place or place of public resort where he knows or ought reasonably to have known that the assembly or procession is held in contravention of an order under subsection (2) or any prohibition or restriction under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.”.

Amendment of section 6

7. Section 6 of the principal Act is amended by deleting the words “authorised in writing by the Deputy Commissioner of Police” in the proviso.

Amendment of section 11

8. Section 11 (1) (b) of the principal Act is amended by deleting the words “, the use of which for bathing has been forbidden by the Deputy Commissioner of Police”.

Amendment of section 12

9. Section 12 of the principal Act is amended —

(a)	by deleting the words “, or allows any pig to root in any public road, or on the side thereof, or in any State lands, or lands in the possession of any public institution” in paragraph (a); and
(b)	by deleting paragraph (a)(ii) and (iii).

Amendment of section 13

10. Section 13 of the principal Act is amended by deleting paragraphs (g), (h) and (i).

New sections 13A and 13B

11. The principal Act is amended by inserting, immediately after section 13, the following sections:

“Excessive noise

13A.—(1) Any person who makes any noise by any instrument or other means in such a manner as to cause or be likely to cause annoyance or inconvenience to the occupier of any premises in the vicinity or to any person lawfully using any public road or in any public place shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(2) Any police officer, on any complaint that any person in any premises is making such noise as to cause annoyance or inconvenience to the complainant, may enter upon the premises and, after warning the person reasonably suspected of making the noise, stop the making of such noise whether by the removal of any instrument or object or in some other appropriate manner.

Relief for occupier of premises from nuisance

13B.—(1) A Magistrate’s Court may act under this section on a complaint made by the occupier of any premises on the ground that as occupier of the premises he is aggrieved by noise amounting to a nuisance.

(2) If the Magistrate’s Court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the Court shall make an order for either or both of the following purposes:

(a)	requiring the defendant to abate the nuisance, within a time specified in the order and to execute any works necessary for that purpose;
(b)	prohibiting a recurrence of the nuisance, and requiring the defendant, within a time specified in the order, to execute any works necessary to prevent the recurrence.

(3) Proceedings under this section shall be brought against the person responsible for the nuisance or, if that person cannot be found, against the owner or occupier of the premises from which the noise is emitted or would be emitted.

(4) A person who without reasonable excuse contravenes any requirement of an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(5) In any proceedings for an offence under this section in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means have been used for preventing, or for counteracting the effect of, the noise.

(6) In this section —

“noise” includes vibration;

“person responsible”, in relation to the emission of noise, means the person to whose act, default or sufference the noise is attributable; and where more than one person is responsible for the noise, this section shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying any proceedings under this section;

“practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications.”.

Repeal of Part III

12. Part III of the principal Act is repealed.

Repeal and re-enactment of section 25

13. Section 25 of the principal Act is repealed and the following section substituted therefor:

“Possession of housebreaking implements or offensive weapons

25.—(1) Any person who is found —

(a)	armed with any dangerous or offensive instrument with intent to commit any offence;
(b)	having his face covered or otherwise found disguised with intent to commit any offence; or
(c)	armed with any article or instrument for use in the course of or in connection with any housebreaking,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years; and any instrument or article found in the possession of that person shall be forfeited.

(2) Any person who —

(a)	is a reputed thief, is found on board any vessel or boat, or loitering in any street, road, yard or other place and does not give a satisfactory account of himself; or
(b)	is found in any dwelling-house or other building without being able satisfactorily to account for his presence therein,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.

(3) Every offence under this section shall be deemed to be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).”.

Repeal of section 27

14. Section 27 of the principal Act is repealed.

Repeal and re-enactment of secton 30

15. Section 30 of the principal Act is repealed and the following section substituted therefor:

“Disorderly or indecent behaviour by prostitutes

30. Every common prostitute wandering in any public road or place of public resort and behaving in a disorderly or indecent manner shall be deemed to be an idle and disorderly person within the meaning of this Part and shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month.”.

Amendment of section 31

16. Section 31 of the principal Act is amended —

(a)

by deleting paragraph (f) and the marginal note thereto and substituting the following paragraph and marginal note:

“Possession of instrument to commit offence

(f)	every person having in his possession without lawful excuse any instrument or material with intent to commit any offence;”; and

(b)

by deleting the words “$500 or to imprisonment for a term not exceeding 3 months” and substituting the words “$2,000 or to imprisonment for a term not exceeding 3 months or to both”.

Repeal and re-enactment of Part VI

17. Part VI of the principal Act is repealed and the following Part substituted therefor:

“PART VI

TOUTING

Touting for business

36.—(1) Any person in any public road, public place, place of public resort or vehicle on a public road who, in connection with any trade or business (whether or not carried on by that person), solicits any other person persistently or in any manner as to cause or be likely to cause annoyance to that other person shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding one year or to both.

Touting in public places

36A.—(1) Any person who in any public office, or in the vicinity thereof, solicits to offer or loiters for the purpose of offering in connection with the public office his services to any one or more persons having business at that public office or any other public office (whether or not the services so offered relate to the business) 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 6 months or to both.

(2) Subsection (1) shall not apply to —

(a)	any officer specifically appointed to advise the public on the business carried on in a public office; and
(b)	any person who is licensed under any written law or is otherwise authorised to act as a petition writer.

(3) In this section, “public office” means any court and Government office or department.

Seizable offence

36B. Every offence under this Part shall be deemed to be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).”.

Amendment of section 37

18. Section 37 of the principal Act is amended —

(a)	by deleting the words “$100 or to imprisonment for a term not exceeding 3 months” at the end of subsection (1) and substituting the words “$3,000 or to imprisonment for a term not exceeding one year or to both”;
(b)	by deleting the words “$50 or to imprisonment for a term not exceeding 3 months” at the end of subsection (3) and substituting the words “$2,000 or to imprisonment for a term not exceeding one year or to both”; and
(c)	by deleting the words “$2,000 or to imprisonment for a term not exceeding 2 years” at the end of subsection (5) and substituting the words “$5,000 or to imprisonment for a term not exceeding 2 years or to both”.

Amendment of section 38

19. Section 38 (1) of the principal Act is amended by deleting the words “the Deputy Commissioner of Police” in the eighth and ninth lines and substituting the words “any police officer”.

Amendment of section 39

20. Section 39 of the principal Act is amended by deleting the words “Deputy Commissioner of Police” in the ninth and tenth lines and substituting the words “Director, Criminal Investigation Department”.

Amendment of section 40

21. Section 40 of the principal Act is amended by deleting the words “Deputy Commissioner of Police” in the third line and substituting the words “Director, Criminal Investigation Department”.

Amendment of section 42

22. Section 42 (1) of the principal Act is amended by deleting the word “Any” and substituting the words “Subject to the provisions of this Act, any”.

Repeal of section 43

23. Section 43 of the principal Act is repealed.

Miscellaneous amendments

24. In respect of each of the provisions of the principal Act specified in the first column of the Schedule, the penalty or sum specified in the second column of that Schedule is deleted and, in each case, there shall be substituted the penalty or sum specified in the third column of that Schedule.

Consequential amendments

25. Part II of the First Schedule to the Registration of Criminals Act (Cap. 268) is amended by deleting the item —

“

Minor Offences Act (Cap. 184)

Sections 22, 25, 30, 31, 37(1), 37(5) and 43 .

”,

and substituting the following item:

“

Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184)

Sections 22, 25, 30, 31, 36, 36A, 37(1) and 37(5) .

”,

Existing laws and documents

26. In any written law or document, any reference to the Minor Offences Act shall from the commencement of this Act be construed as a reference to the Miscellaneous Offences (Public Order and Nuisance) Act.

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