3. Section 27 of the principal Act is repealed and the following sections substituted therefor:| “Interpretation of sections 27A, 27B and 27C |
27.—(1) In sections 27A, 27B and 27C —“appropriate consent” means —| (a) | for a person aged 16 years and above, the written consent of that person; | | (b) | for a person aged 14 years and above but below the age of 16 years, the written consent of both that person and of his parent or guardian; and | | (c) | for a person below the age of 14 years, the written consent of his parent or guardian, |
| given to a police officer or officer of the Central Narcotics Bureau in charge of the case after that officer has informed the person concerned, his parent or guardian or both, as the case may be, of the purpose for which a body sample is required from such person and the manner by which such body sample is to be taken from him; |
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| “authorised analyst” means a person appointed by the Commissioner of Police to be an analyst; |
“body sample” means —| (a) | a sample of blood; | | (b) | a sample of head hair, including the roots thereof; | | (c) | a swab taken from a person’s mouth; or | | (d) | such other sample as may be prescribed under subsection (2); |
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| “DNA” means deoxyribonucleic acid; |
| “DNA information” means genetic information derived from the forensic DNA analysis of a body sample; |
| “finger impression” includes thumb impression and palmar impression; |
| “intimate sample” means any body sample that is obtained by means of any invasive procedure, but does not include any sample described in subsection (3); |
| “other particulars”, in relation to a person, means any particulars, information or description of that person, other than his registrable particulars, that may be relevant or useful in the identification of that person; |
| “photograph”, in relation to a person, includes the photograph of any distinguishing feature or mark on the body of that person; |
| “registered medical practitioner” has the same meaning as in the Medical Registration Act (Cap. 174) and includes a dentist registered under the Dentists Act (Cap. 76); |
| “registrable particulars” means the particulars of any detention or supervision order made under section 30, 32 or 38 and any name, description, photograph or finger impression of, or document relating to, any person so detained or placed under supervision, as the case may be. |
| (2) Subject to subsection (3), the Minister may prescribe additional types of body samples that may be taken under section 27A. |
(3) The additional types of body samples that may be prescribed under subsection (2) shall not include samples to be obtained from —| (a) | the genital or anal area of a person’s body; | | (b) | a person’s body orifice other than the mouth; or | | (c) | the breasts of a woman. |
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| Taking of photographs, finger impressions, body samples, etc., from person arrested, detained or subject to police supervision |
27A.—(1) A police officer or officer of the Central Narcotics Bureau may exercise all or any of the following powers in respect of any person referred to in subsection (2):| (a) | take or cause to be taken photographs and finger impressions of such person; | | (b) | make or cause to be made a record of the registrable particulars and any other particulars of such person; | | (c) | cause body samples of such person to be taken by a person authorised under section 27B(1); | | (d) | send any photograph, finger impression, record of particulars or body sample so taken or made to the Commissioner of Police for identification and report. |
(2) The powers referred to in subsection (1) may be exercised in respect of any of the following persons:| (a) | a person who, on 21st October 2004, is under arrest and detained under section 44 or 45; | | (b) | a person who, on 21st October 2004, is under detention or subject to supervision under section 30, 32 or 38; | | (c) | a person who, on or after 21st October 2004, is arrested, detained or placed under police supervision under any of the provisions of this Act. |
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(3) Every person mentioned in subsection (2) shall —| (a) | submit to the taking of his photographs and finger impressions under subsection (1); | | (b) | provide such registrable particulars and other particulars as may be required under subsection (1); and | | (c) | subject to subsection (5), submit to the taking of his body samples by a person authorised under section 27B(1). |
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(4) Where any person mentioned in subsection (2) fails, without reasonable excuse, to comply with subsection (3) —| (a) | that person 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 or to both; and | | (b) | a police officer or officer of the Central Narcotics Bureau may use such force as is reasonably necessary to take or cause to be taken the photographs, finger impressions and body samples of that person. |
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(5) No —| (a) | sample of blood; or | | (b) | intimate sample, which may be prescribed under section 27(2), |
| shall be taken from any person unless the appropriate consent is given for the taking of the sample. |
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| (6) All photographs, finger impressions and particulars of a person taken before 21st October 2004 under section 27 or 37 in force before that date shall be deemed to have been taken under this section. |
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| Further provisions for taking of body samples |
27B.—(1) For the purposes of section 27A(1)(c), a body sample may only be taken by —| (a) | a registered medical practitioner; | | (b) | a police officer or officer of the Central Narcotics Bureau who has received training for the purpose; or | | (c) | any other suitably qualified or trained person who is duly appointed in writing by the Commissioner of Police as an authorised person for the purpose. |
| (2) Before taking any body sample, the person authorised by subsection (1) to take the sample must satisfy himself that the taking of the sample does not endanger the person from whom the sample is to be taken. |
| (3) The fact that a body sample has been taken for the purposes of section 27A shall be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police. |
| (4) Every body sample taken for the purposes of section 27A shall be sent to an authorised analyst for forensic DNA analysis. |
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| Retention of photographs, finger impressions, particulars and body samples taken |
27C.—(1) The Commissioner of Police shall cause to be maintained —| (a) | a register (whether in a computerised form or otherwise) in which shall be stored all photographs, finger impressions, registrable particulars and other particulars of a person taken or deemed to be taken under section 27A; and | | (b) | a DNA database (whether in a computerised form or otherwise) in which shall be stored all DNA information derived from a body sample taken from a person under section 27A. |
(2) Any information stored in the register and the DNA database under subsection (1) may be used for all or any of the following purposes:| (a) | for comparison with any other information or any other DNA information, as the case may be, obtained in the course of an investigation of an offence conducted by a police officer or officer of the Central Narcotics Bureau; | | (b) | for comparison with information in the register established under section 4 of the Registration of Criminals Act (Cap. 268) or with DNA information in the DNA Database established under section 13F of that Act, as the case may be; | | (c) | for any proceedings for any offence; | | (d) | for administering the register and DNA database for the purposes of this Act; | | (e) | for such other purposes as may be prescribed. |
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(3) Where any photograph, finger impression, record of particulars or body sample has been taken under section 27A from an arrested person and that person is subsequently released, without being —| (a) | convicted of any offence under this Act; or | | (b) | placed on detention or supervision under this Act, |
| the Commissioner of Police shall cause all such photographs, finger impressions, records of particulars and body samples taken from that person to be removed from the register and DNA database maintained under subsection (1). |
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(4) For the purposes of subsection (2)(c) —| (a) | any photograph, finger impression, registrable particulars or other particulars stored in the register under subsection (1)(a); | | (b) | any DNA information stored in the DNA database under subsection (1)(b); and | | (c) | any certificate or report purporting to have been compiled or made from information stored in the register or DNA database maintained under subsection (1), |
| shall, if produced from proper custody and authenticated by the signature of the Commissioner of Police, be admissible in evidence in any proceedings, without proof of signature; and, until the contrary is proved, shall be proof of all matters contained therein or appearing thereon.”. |
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