PART 4 | Power to stop and question |
16.—(1) A police officer may, pursuant to a special authorisation, stop any individual in a target area of the special authorisation for so long as is necessary to question the individual to ascertain —| (a) | the individual’s identity and movements; or | | (b) | what the individual knows about a recent serious incident or a threatened serious incident. |
(2) An individual commits an offence if he or she, without reasonable excuse —| (a) | fails to stop when required to do so under this section; | | (b) | refuses to answer a question addressed to the individual under this section; or | | (c) | fails to answer to the best of his or her knowledge or ability a question addressed to the individual under this section. |
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| (3) An individual who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Power to obtain disclosure of identity |
17.—(1) A police officer may, pursuant to a special authorisation, request an individual whose identity is unknown to the police officer to disclose the individual’s identity and residential address if —| (a) | the police officer suspects on reasonable grounds that —| (i) | the individual is the target person of the special authorisation; or | | (ii) | the individual is found in the company of the target person of the special authorisation; or |
| | (b) | the individual is in, on or near a vehicle that the police officer suspects on reasonable grounds is the target vehicle of the special authorisation. |
| (2) A police officer may detain an individual mentioned in subsection (1) for so long as is reasonably necessary for the purposes of this section. |
| (3) A police officer may request an individual who is requested under this section to disclose his or her identity to provide proof of the individual’s identity. |
(4) An individual commits an offence if he or she, without reasonable excuse —| (a) | refuses or fails to comply with a request under this section; or | | (b) | in response to the request, gives a name that is false in a material particular, or gives an address other than the individual’s full and correct residential address. |
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| (5) An individual who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. |
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18.—(1) A police officer may, pursuant to a special authorisation, place a cordon around the target area of the special authorisation or any part of it, for the purpose of exercising a special power specified in the special authorisation.| (2) The area around which a cordon is placed (called in this Act a cordoned area) must, so far as is reasonably practicable, be indicated by means of any form of physical barrier as appears to the police officer responsible for carrying out the arrangements for applying the cordon to be appropriate. |
| (3) An individual who is in a cordoned area must immediately leave the area if ordered to do so by a police officer. |
| (4) An individual who is on any premises which abut or are wholly or partly within a cordoned area must immediately leave the premises if ordered to do so by a police officer. |
| (5) The driver, or the other individual or other person in charge of a vehicle or vessel which is in a cordoned area must immediately move the vehicle or vessel away from the area if ordered to do so by a police officer. |
| (6) An individual, or the driver or other person in charge of a vehicle or vessel, outside a cordoned area must not enter the cordoned area, and must immediately move the vehicle or vessel away from the vicinity of the cordoned area, if ordered to do so by a police officer. |
| (7) An order under this section may be given orally, and if an oral direction is given by a police officer to a group of individuals, it is deemed to have been given to each member of the group if the oral direction is made in a manner which is likely to be audible to all the members of the group or as many of them as reasonably practicable. |
(8) A police officer may use such force as is reasonably necessary, including the use of lethal weapons —| (a) | to prevent an individual, or a driver or other person in charge of a vehicle or vessel, from entering or attempting to enter a cordoned area contrary to an order given under this section; or | | (b) | to remove an individual or a vehicle or vessel from or away from a cordoned area, as the case may be. |
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| (9) An individual, or a driver or other person in charge of a vehicle or vessel, commits an offence if he or she, without reasonable excuse, refuses or fails to comply with an order of a police officer under this section when required to do so. |
| (10) An individual, or a driver or person, who is guilty of an offence under subsection (9) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Power to close roads, etc. |
19.—(1) Subject to subsection (3), a police officer may, pursuant to a special authorisation, by order —| (a) | wholly or partly close any public road within, or leading to or from, the target area of the special authorisation; | | (b) | prohibit or restrict the use of a waterway within, or leading to or from, the target area of the special authorisation; | | (c) | divert or otherwise interfere with a public road or waterway mentioned in paragraph (a) or (b), as the case may be, or the use of such a road or waterway; or | | (d) | prohibit or restrict the exercise of a right of way within, or leading to or from, the target area of the special authorisation. |
| (2) Subject to subsection (3), a police officer may, pursuant to a special authorisation, by order prohibit or restrict access by vehicles, vessels or pedestrians to the target area of the special authorisation. |
| (3) The period that a public road, waterway or right of way may be closed, prohibited or restricted under this section must not exceed 24 hours unless the order under subsection (1) or (2) is confirmed by the Commissioner before the end of the initial or a prior 24 hours. |
| (4) An order under this section may be given orally, and if an oral direction is given by a police officer to a group of individuals, it is deemed to have been given to each member of the group if the oral direction is made in a manner which is likely to be audible to all the members of the group or as many of them as reasonably practicable. |
| (5) If an individual, or a driver or person in charge of a vehicle or vessel, fails to comply with an order given under this section by a police officer, the police officer may use such force as is reasonably necessary to ensure compliance with that order, including the use of lethal weapons. |
| (6) An individual, or a driver or person in charge of a vehicle or vessel, commits an offence if the individual, driver or person, without reasonable excuse, refuses or fails to comply with an order of a police officer under this section when required to do so. |
| (7) An individual, or a driver or person, who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Power to control movement or conduct of individuals |
20.—(1) A police officer may, pursuant to a special authorisation, direct any individual or group of individuals within the target area of the special authorisation —| (a) | to go to a particular premises or place which is outside of any cordoned area within the target area; or | | (b) | not to enter a particular premises or place which is outside of any cordoned area within the target area. |
(2) A police officer may, pursuant to a special authorisation, direct —| (a) | any individual or group of individuals within the target area of the special authorisation to conduct or not to conduct themselves in a particular way when in that area; or | | (b) | any assembly or procession of individuals within the target area of the special authorisation to disperse. |
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| (3) A direction under this section may be given orally, and if an oral direction is given by a police officer to a group of individuals, it is deemed to have been given to each member of the group if the oral direction is made in a manner which is likely to be audible to all the members of the group or as many of them as reasonably practicable. |
| (4) If an individual fails to comply with a direction given under subsection (2)(b) by a police officer, the police officer may use such force as is reasonably necessary to ensure compliance with that order, including the use of lethal weapons. |
| (5) An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with a direction of a police officer under this section when required to do so. |
| (6) An individual who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. |
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21.—(1) A police officer may, pursuant to a special authorisation, direct any individual or group of individuals within the target area of the special authorisation to stay at or in (during such times specified in the direction) a particular premises in that area.| (2) However, the period any individual or group of individuals may be directed under subsection (1) to stay in or at any particular premises must not be longer than 24 hours continuously unless the direction is confirmed by the Commissioner before the end of the initial 24 hours. |
| (3) A direction under this section may be given orally, and if an oral direction is given by a police officer to a group of individuals, it is deemed to have been given to each member of the group if the oral direction is made in a manner which is likely to be audible to all the members of the group or as many of them as reasonably practicable. |
| (4) An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with a direction of a police officer under this section when required to do so. |
| (5) An individual who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Power to search individuals |
22.—(1) A police officer may, pursuant to a special authorisation, stop, detain, and search without a warrant, an individual and any personal property of the individual if —| (a) | the police officer suspects on reasonable grounds that —| (i) | the individual is the target person of the special authorisation; or | | (ii) | the individual is found in the company of the target person of the special authorisation; or |
| | (b) | the individual is in, on or near a vehicle that the police officer suspects on reasonable grounds is the target vehicle of the special authorisation. |
(2) In addition, a police officer may, pursuant to a special authorisation, stop, detain, and search without a warrant, an individual who is in the target area of the special authorisation (and any personal property of the individual) —| (a) | with a view to ascertaining whether the individual is carrying a dangerous article, an offensive weapon or a subversive document, or part of a dangerous article, an offensive weapon or a subversive document; | | (b) | if necessary to substantially assist in —| (i) | preventing the occurrence of a serious incident to which the special authorisation applies; or | | (ii) | controlling public disorder or restoring or maintaining public order in Singapore after the occurrence of a serious incident to which the special authorisation applies; or |
| | (c) | if there is reasonable suspicion that the individual is committing or about to commit an offence under this Act. |
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(3) Without limiting subsections (1) and (2), a police officer may, in conducting a search of any personal property of an individual mentioned in either subsection —| (a) | require the individual —| (i) | to produce or empty the contents of any bag, container or other receptacle; | | (ii) | to turn out the individual’s pockets; or | | (iii) | to remove one or more garments worn by the individual; |
| | (b) | search through any bag, container or other receptacle or any garments removed in accordance with paragraph (a)(iii); | | (c) | search through and move the contents of any bag, container or other receptacle; or | | (d) | search through and move the contents of the individual’s pockets turned out in accordance with paragraph (a)(ii). |
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| (4) This section applies despite any licence or permit granted or issued, or any exemption made, under any other written law authorising the possession or use of such dangerous articles or offensive weapons. |
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23.—(1) A police officer may, pursuant to a special authorisation, stop, board and search without a warrant, a vehicle, and anything in or on a vehicle, if —| (a) | the police officer suspects on reasonable grounds that the vehicle is the target vehicle of the special authorisation; or | | (b) | the police officer suspects on reasonable grounds that an individual in, on or near the vehicle is a target person of the special authorisation. |
(2) In addition, a police officer may, pursuant to a special authorisation, stop, board and search without a warrant, a vehicle in the target area of a special authorisation (and anything in or on the vehicle) —| (a) | with a view to ascertaining whether the vehicle is conveying a dangerous article or an offensive weapon or a subversive document, or part of a dangerous article or an offensive weapon or a subversive document; | | (b) | if necessary to substantially assist in —| (i) | preventing the occurrence of a serious incident to which the special authorisation applies; or | | (ii) | controlling public disorder or restoring or maintaining public order in Singapore after the occurrence of a serious incident to which the special authorisation applies; or |
| | (c) | if there is reasonable suspicion that the vehicle is used or is about to be used to commit an offence under this Act. |
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(3) Without limiting subsections (1) and (2), a police officer may, in conducting a search of a vehicle —| (a) | require the individual in charge of the vehicle —| (i) | to open the vehicle or any part of it for inspection by the police officer; or | | (ii) | to remove any article, bag, container or other receptacle from the vehicle as specified by the police officer; |
| | (b) | inspect any article removed in accordance with paragraph (a)(ii); | | (c) | search through any bag, container or other receptacle removed in accordance with paragraph (a)(ii); or | | (d) | search through and move the contents of any bag, container or other receptacle removed in accordance with paragraph (a)(ii). |
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| (4) A police officer may detain a vehicle for so long as is reasonably necessary for the purposes of this section. |
| (5) A police officer may direct the individual in charge of a vehicle searched under this section to remove the vehicle from, or keep the vehicle in, the target area of the special authorisation. |
| (6) This section applies despite any licence or permit granted or issued, or any exemption made, under any other written law authorising the possession or use of such dangerous articles or offensive weapons. |
| (7) This section applies, with the necessary modifications, to any vessel, and any aircraft on the ground, as the section applies to vehicles. |
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| Power to remove vehicles, etc. |
24.—(1) A police officer may, pursuant to a special authorisation, move or cause to be moved a vehicle which is parked or left standing in the target area of the special authorisation if, in the opinion of the police officer, the vehicle is —| (a) | a danger to individuals, property or other vehicles in that target area; | | (b) | causing or likely to cause traffic congestion in that target area; or | | (c) | hindering the exercise of special powers under the special authorisation. |
(2) A police officer acting in accordance with this section may —| (a) | enter a vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and | | (b) | move the vehicle, or cause it to be moved, to the nearest convenient place. |
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| (3) This section applies, with the necessary modifications, to any vessel, and any aircraft on the ground, as the section applies to vehicles. |
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| Power to enter and search premises |
25.—(1) A police officer may, pursuant to a special authorisation, enter and search, without a warrant, any premises in the target area of the special authorisation —| (a) | if the police officer suspects on reasonable grounds that —| (i) | an individual who is a target person of the special authorisation may be on the premises; or | | (ii) | a vehicle that is a target vehicle of the special authorisation may be on the premises; |
| | (b) | with a view to ascertaining whether a dangerous article or an offensive weapon or a subversive document, or part of a dangerous article or an offensive weapon or a subversive document, is on the premises; | | (c) | if necessary to —| (i) | prevent the occurrence of a serious incident to which the special authorisation applies; or | | (ii) | control, restore or maintain public order in Singapore after the occurrence of a serious incident to which the special authorisation applies; or |
| | (d) | if there is reasonable suspicion that the premises are used or are about to be used to commit an offence under this Act. |
| (2) A police officer may direct an individual or group of individuals to leave, or not to leave, any premises entered and searched under this section. |
| (3) An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with a direction of a police officer under this section when required to do so. |
| (4) An individual who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Power to seize and detain things |
26.—(1) A police officer may, in connection with a search under this Part pursuant to a special authorisation, seize and detain —| (a) | all or part of a thing that the police officer suspects on reasonable grounds to be, or to be part of, a dangerous article or an offensive weapon or a subversive document, whether or not it was used or may have been used in a serious incident to which the special authorisation applies; and | | (b) | all or part of a thing (including a vehicle, vessel or aircraft) that the police officer suspects on reasonable grounds —| (i) | may be used, or was used or may have been used, in the serious incident or threatened serious incident to which the special authorisation applies; or | | (ii) | may provide evidence of the commission of an offence (whether or not related to the serious incident or threatened serious incident to which the special authorisation applies). |
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| (2) A power conferred by this section includes a power to remove a thing from the place where it is found, and a power to guard the thing in or at the place where it is found. |
| (3) Sections 370, 371 and 372 of the Criminal Procedure Code (Cap. 68) relating to the handling of property seized by a police officer apply, with the necessary modifications, to any thing coming into the possession of a police officer under this section. |
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| Power to direct premises owners, etc. |
27.—(1) A police officer may, pursuant to a special authorisation, direct an owner or occupier of any premises within the target area of the special authorisation to do one or more of the following:| (a) | close the premises for such time as specified in the direction; | | (b) | restrict the entry or egress (or both) of vehicles and individuals to or from the premises; | | (c) | provide the police officer with information and documents relating to the premises. |
| (2) A person directed by a police officer under this section commits an offence if the person, without reasonable excuse, refuses or fails to comply with the direction of the police officer when required to do so. |
| (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. |
(4) In this section, “premises” includes — | (a) | any premises used as a private dwelling or private residence; and | | (b) | any premises used or occupied or managed and maintained by any public authority, including boarding premises solely for employees of a public authority. |
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| (5) This section applies, with the necessary modifications, to any vessel and aircraft on the ground as the section applies to vehicles. |
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| Power to intercept unmanned aircraft, etc. |
28.—(1) A police officer may, pursuant to a special authorisation, exercise all or any of the powers in subsection (2) in relation to an unmanned aircraft, or in subsection (3) in relation to an autonomous vehicle or unmanned vessel, if, in the opinion of the police officer, the unmanned aircraft, autonomous vehicle or unmanned vessel, as the case may be, is —| (a) | a danger, or poses a serious and imminent risk, to the safety of individuals or property in a target area of a special authorisation; | | (b) | being operated to make any picture or film of a target area of a special authorisation without the permission of the Commissioner; or | | (c) | otherwise hindering the exercise of other special powers in relation to a target area under a special authorisation. |
(2) For the purposes of subsection (1), the powers that may be exercised in relation to an unmanned aircraft are as follows:| (a) | to direct any person whom the police officer reasonably believes to be involved in operating the unmanned aircraft —| (i) | to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or | | (ii) | to fly the unmanned aircraft in the manner specified by the police officer; |
| | (b) | without warrant and with such assistance and by such force as is necessary —| (i) | to assume control of the unmanned aircraft to fly the aircraft, or to end the flight of the aircraft, or land it, safely in the fastest practicable way; or | | (ii) | to end the flight of the unmanned aircraft, or land it, in the fastest and safest practicable way; |
| | (c) | without warrant, to seize the unmanned aircraft and any component of the unmanned aircraft system for that aircraft or other thing within the target area of a special authorisation that the police officer believes on reasonable grounds —| (i) | to be evidential material relevant to an offence under this Act; or | | (ii) | needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Act. |
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(3) For the purposes of subsection (1), the powers that may be exercised in relation to an autonomous vehicle or unmanned vessel are as follows:| (a) | to direct any person whom the police officer reasonably believes to be involved in operating the autonomous vehicle or unmanned vessel —| (i) | to stop the vehicle or vessel safely in the fastest practicable way; or | | (ii) | to operate the vehicle or vessel in the manner specified by the police officer; |
| | (b) | without warrant and with such assistance and by such force as is necessary —| (i) | to assume control of the autonomous vehicle or unmanned vessel to steer the vehicle or vessel, or to stop the vehicle or vessel, as the case may be, safely in the fastest practicable way; or | | (ii) | to stop the autonomous vehicle or unmanned vessel in the fastest and safest practicable way; |
| | (c) | without warrant, to seize the autonomous vehicle or unmanned vessel and any component of the autonomous system for that vehicle or vessel or other thing within the target area of a special authorisation that the police officer believes on reasonable grounds —| (i) | to be evidential material relevant to an offence under this Act; or | | (ii) | needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Act. |
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| (4) Any person who, without reasonable excuse, contravenes any direction under subsection (2)(a) or (3)(a) 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 2 years or to both. |
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