Common Gaming Houses Ordinance

Bill No. 124/1961

Read the first time on 11th January 1961.

An Ordinance to consolidate the law relating to the suppression of common gaming houses, public gaming and public lotteries.

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title

1. This Ordinance may be cited as the Common Gaming Houses Ordinance, 1961.

Interpretation

2.—(1) In this Ordinance, unless the context otherwise requires —

“common gaming house” includes any place kept or used for gaming to which the public or any class of the public has or may have access, and any place kept for habitual gaming, whether the public or any class of the public has or may have access thereto or not, and any place kept or used for the purpose of a public lottery whether the public have access thereto or not;

“gaming”, with its grammatical variations and cognate expressions, means the playing of any game of chance or of mixed chance and skill for money or money’s worth;

“lottery” includes any game, method, device, scheme or competition whereby money or money’s worth is distributed or allotted in any manner depending upon or to be determined by chance or lot, whether the same is held, drawn, exercised or managed within or without the State;

“public lottery” means a lottery to which the public or any class of the public has or may have access, and every lottery shall, until the contrary is proved, be deemed to be a public lottery;

“public place” means any place to which the public has or may have access and includes any estate, factory or place in which ten or more persons are employed;

“lottery ticket” includes any paper or figure or writing or symbol or other article whatsoever which either expressly or tacitly entitles or purports to entitle the holder or any other person to receive any money or money’s worth on the happening of any event or contingency connected with any public lottery;

“place” means any house, office, room or building and any place or spot, whether open or enclosed, and includes a ship, boat or other vessel, whether afloat or not, and any vehicle;

a place in which lottery tickets are offered for sale, sold or distributed shall be deemed to be “used for the purpose of a public lottery”;

a place shall be deemed to be “used” for a purpose if it is used for that purpose even on one occasion only;

every person who demises or lets for hire a place shall be deemed the “owner” thereof;

“instruments or appliances for gaming” includes all articles declared under subsection (3) of this section to be instruments or appliances for gaming and all articles which are used in or for the purpose of gaming or a lottery.

(2) The Minister may from time to time by notification in the Gazette—

(a)

declare any game, method, device, scheme or competition specified or described in such notification to be a lottery for the purposes of this Ordinance and thereupon it shall be an irrebuttable presumption of law that such game, method, device, scheme or competition is a lottery for the purposes of this Ordinance;

(b)

declare any game, method, device, scheme or competition specified or described in such notification to be a game of chance or a mixed game of chance and skill for the purposes of this Ordinance and thereupon it shall be an irrebuttable presumption of law that such game, method, device, scheme or competition is a game of chance or a mixed game of chance and skill, as the case may be, for the purposes of this Ordinance.

(3) The Minister may from time to time by notification in the Gazette declare articles specified or described in such notification to be instruments or appliances for gaming.

Gaming houses declared public nuisances

3. Every common gaming house is hereby declared to be a common and public nuisance contrary to law.

Offences

4.—(1) Any person who —

(a)

being the owner or occupier or having the use temporarily or otherwise thereof keeps or uses a place as a common gaming house; or

(b)

permits a place of which he is owner or occupier or of which he has the use temporarily or otherwise to be kept or used by another person as a common gaming house; or

(c)

has the care or management of or in any manner assists in the management of a place kept or used as a common gaming house or assists in carrying on a public lottery; or

(d)

receives directly or indirectly any money or money’s worth for or in respect of any chance in any event or contingency connected with a public lottery or sells or offers for sale or gives or delivers or collects any lottery ticket; or

(e)

draws, throws, declares or exhibits expressly or otherwise the winner or winning number, ticket, lot, figure, design, symbol or other result of any public lottery; or

(f)

writes, prints or publishes or causes to be written, printed or published any lottery ticket or list of prizes or any announcement of the result of a public lottery or any announcement or riddle relating to a public lottery; or

(g)

announces or publishes or causes to be announced or published, either orally or by means of any print, writing, design, sign or otherwise, that any place is opened, kept or used as a common gaming house, or in any other manner invites or solicits any person to commit a breach of section 6, 7 or 8 of this Ordinance; or

(h)

conducts in or through any newspaper or any other periodical publication, or in connection with any trade or business or the sale of any article to the public —

(i)	any competition in which prizes are offered for forecasts of the results either of a future event or of a past event the result of which is not yet ascertained or not yet generally known; or
(ii)	any other competition success in which does not depend to a substantial degree upon the exercise of skill,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding six thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

(2) Any person who occupies or has the use temporarily of a place which is kept or used by another person as a common gaming house shall unless such person proves that he has no knowledge that the place is kept or used as a common gaming house be deemed to have permitted such place to be so kept or used.

Advancing or furnishing money for establishing or conducting

5. Any person who advances or furnishes money for the purpose of establishing or conducting the business of a common gaming house or for the purpose of a public lottery or who profits from the establishment or conduct of such business shall be guilty of an offence and shall be liable on conviction to a fine not exceeding six thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Gaming in a common gaming house

6.—(1) Any person who games in a common gaming house shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2) A person found in a common gaming house or found escaping therefrom on the occasion of its being entered under this Ordinance shall be presumed, until the contrary is proved, to be or to have been gaming therein.

Gaming in public

7.—(1) A police officer may arrest without warrant any person found gaming in any public place and may seize all instruments or appliances for gaming found in such public place or on the persons of those arrested under this section.

(2) Any person gaming in any public place shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment; and all instruments or appliances for gaming seized under this section may be declared by the court before which the conviction is had to be forfeited to the Government and shall be dealt with accordingly.

(3) Any person who is the tenant, lessee, occupier or person in charge of any public place which is used for gaming shall unless such person proves that he has no knowledge that the premises are used for gaming be guilty of an offence and shall be liable on conviction to a fine not exceeding six thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

(4) Any person who instigates, promotes or intentionally facilitates the commission of an offence punishable under subsection (2) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding six thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

(5) Any person who —

(a)	erects, maintains or controls, or assists to erect, maintain or control, any hut, shed, tent or other building or shelter whatsoever wherein an offence punishable under subsection (2) of this section is committed; or
(b)	brings to, or has in his possession at or near, a place where an offence punishable under subsection (2) of this section is committed any instruments or appliances for gaming; or
(c)	keeps watch in order to warn or warns persons committing an offence punishable under subsection (2) of this section of risk of detection,

shall be presumed until the contrary is proved, to have promoted the commission of an offence punishable under subsection (4) of this section.

(6) A person shall not by reason only of the fact that he has committed an offence punishable under subsection (2) of this section be liable to be convicted of an offence under subsection (3) or (4) of this section.

(7) Where it is shown that any person has been found to be playing any game of chance or any mixed game of chance and skill in a public place, it shall be presumed until the contrary is proved that such person was gaming in such public place.

(8) Where evidence is given by a police officer that any article found in any public place is an instrument or appliance for gaming it shall be presumed until the contrary is proved —

(a)	that gaming took place at such public place;
(b)	that the person having possession, custody or control of such article was gaming at such public place; and
(c)	that the public place was used for gaming.

Buying a ticket

8.—(1) Any person who, either personally or by an agent, pays or deposits any money or money’s worth to or with any person concerned in the business of a common gaming house, as a stake or for or in respect of any event or contingency connected with a public lottery or buys a lottery ticket, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred and fifty dollars, or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(2) A person in whose possession a lottery ticket is found shall be presumed, until the contrary is proved, to have bought the same.

(3) Every lottery ticket brought or introduced into or being within the State shall be forfeited to the Government, and it shall be the duty of every police officer or other public servant to seize every such ticket wherever found.

Money paid recoverable

9. Any money or money’s worth paid or deposited for or in respect of any such event or contingency as aforesaid or for or in respect of the purchase of a lottery ticket shall be recoverable as money had and received to or for the use of the person from whom the same was received.

Presumptions

10.—(1) A person selling, offering for sale, giving, delivering or collecting lottery tickets or found in possession of ten or more lottery tickets or counterfoils or duplicates of lottery tickets or of any account, memorandum, riddle or record of stakes or wagers in or relating to a lottery shall be presumed until the contrary is proved to be assisting in a public lottery then in progress.

(2) Where evidence is given by a police officer not below the rank of Sergeant that any document produced before the court is a lottery ticket of any public lottery or is an account, memorandum, riddle or record of stakes or wagers in or relating to any public lottery, the court shall presume that such document is a lottery ticket of such public lottery or an account, memorandum, riddle or record of stakes or wagers in or relating to such public lottery, as the case may be.

(3) Where evidence is given by a police officer that any article is an instrument or appliance for gaming the court shall presume that such article is an instrument or appliance for gaming.

Sale of lottery tickets to be void

11. Every sale or contract for sale of a lottery ticket is hereby declared to be void, and no action shall be maintainable by any person in respect of any such sale or contract, except by the purchaser for the return of the money or other consideration, if any, paid thereon.

Search warrant against premises

12.—(1) A police officer not below the rank of Assistant Superintendent, on being satisfied upon written information and after any further inquiry which he thinks necessary that there is good reason to believe that any place is kept or used as a common gaming house, may by warrant or writing under his hand authorize any person therein named or any police officer, with such assistance and by such force as is necessary, by night or by day, to enter or go to such place and to search the same and all persons found therein, and to seize all instruments or appliances for gaming and all money, securities for money and other articles reasonably supposed to have been used or intended to be used for any game or lottery which are found in such place or on any such persons, and also to detain all such persons until they and the said place have been searched.

(2) If any of the things or circumstances which are made by this Ordinance presumptive evidence of guilt are found in such place or on any person therein, every person found therein shall be taken before a Magistrate’s Court to be dealt with according to law.

(3) All instruments or appliances for gaming, money, securities for money and other articles found in a common gaming house or on any persons found therein or escaping therefrom, and which the court is of opinion were used or intended to be used for any game or lottery, shall be declared to be forfeited to the Government and shall be dealt with accordingly.

Search warrant against persons

13. A police officer not below the rank of Assistant Superintendent, on being satisfied upon written information and after any further inquiry which he thinks necessary that there is good reason to believe that any instruments or appliances for gaming are likely to be found on any person, may by warrant or writing under his hand order any police officer to arrest and search such person, or may by warrant or writing under his hand order any person therein named to arrest such person and to take him forthwith before any police officer not below the rank of Assistant Superintendent who shall thereupon cause such person to be searched in his presence and if any such instrument or appliance is found upon his person he shall be taken before a Magistrate’s Court to be dealt with according to law.

Police officer not below the rank of Assistant Superintendent may himself enter and search

14.—(1) A police officer not below the rank of Assistant Superintendent may himself do what he may under sections 12 and 13 of this Ordinance authorize a police officer to do whenever such police officer not below the rank of Assistant Superintendent is competent to issue a warrant or authorization or order in writing under such sections respectively; and also in any of the following cases: —

(a)

if any person has within the preceding six months been convicted of having kept or used as a common gaming house the place proposed to be entered;

(b)

if the place proposed to be entered is occupied by a club or society and he has reason to believe that habitual gaming is carried on there;

(c)

if he has personal knowledge of such facts and circumstances as satisfy him that there are sufficient grounds for a search under the said sections respectively; or

(d)

if he receives the required information orally under such circumstances that the object of a search would in his opinion be defeated by the delay necessary for reducing the information to writing:

Provided, however, that in this last case the name and address of the person giving such information are known to or ascertained by such police officer not below the rank of Assistant Superintendent before he acts upon such information.

(2) Any person who in giving such oral information makes a statement which he knows or believes to be false or does not believe to be true shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding twelve months.

Presumptive proof against house and occupier

15. If any instruments or appliances for gaming are found in any place entered under this Ordinance or upon any person found therein, or if persons are seen or heard to escape therefrom on the approach or entry of a police officer not below the rank of Assistant Superintendent, or if a police officer or any person having authority under this Ordinance to enter or go to such place is unlawfully prevented from or obstructed or delayed in entering or approaching the same or any part thereof, it shall be presumed, until the contrary is proved, that the place is a common gaming house and that the same is so kept or used by the occupier thereof.

Presumptive proof against house, occupier and owner

16.—(1) If in the case of a place entered under this Ordinance any passage, staircase or means of access to any part thereof is unusually narrow or steep or otherwise difficult to pass, or any part of the premises is provided with unusual or unusually numerous means for preventing or obstructing an entry, or with unusual contrivances for enabling persons therein to see or ascertain the approach or entry of persons, or for giving the alarm or for facilitating escape from the premises, it shall be presumed, until the contrary is proved, that the place is a common gaming house and that the same is so kept or used by the occupier thereof; and if notice as is next hereinafter provided has been served on the owner of the premises, it shall further be presumed until the contrary is proved that the place is so kept with the permission of the owner thereof.

(2) Whenever it comes to the knowledge of the Deputy Commissioner of Police that any place is fitted or provided with any of the means or contrivances mentioned in this section, in such a way as to lead to a presumption that the place is used or intended to be used for the purposes of a common gaming house, the Deputy Commissioner of Police shall cause notice thereof to be served on the owner of such place as well as on the occupier thereof; and if any such notice cannot be personally served it may be served by being affixed to the principal outer door or any outer door or window or any conspicuous part of the place.

(3) Every tenant receiving a notice under this section shall forthwith inform the owner or the person from whom he rents the premises of the fact of receipt of such notice, who shall in like manner inform the owner or the person from whom he rents the premises, and so on till the notice is brought to the knowledge of the owner, each tenant being responsible for bringing the notice to the knowledge of his immediate lessor.

(4) Any tenant who refuses or omits to make known to the owner or the person from whom he rents the premises the fact that such notice has been received shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

Order for demolition of structural contrivances for facilitating gaming

17. Whenever it appears to a Magistrate upon the trial of any offence under this Ordinance, that the place in or in respect of which the offence is alleged to have been committed is a common gaming house, and that the same is fitted or provided with any of the means or contrivances mentioned in section 16 of this Ordinance, he shall order the demolition and destruction of such of them as consist of staircases, doors, partitions, ladders, planks, platforms, posts, palings, bars, bolts and other things which appear to him to have been specially erected or constructed for the purpose of facilitating the carrying on of gaming on the premises.

Protection of informers from discovery

18.—(1) Except as hereinafter mentioned, no information laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever and no witness shall be obliged or permitted to disclose the name or address of any informer under this Ordinance or to state any matter which might lead to his discovery.

(2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further.

(3) If on the trial of any offence under this Ordinance the court, after full inquiry into the case, believes that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, the court may require the production of the original information and permit inquiry and require full disclosure concerning the informer.

Examination of offenders under this Ordinance

19.—(1) Whenever two or more persons are charged with any offence against this Ordinance the court may require one or more of them to give evidence as a witness or witnesses for the prosecution.

(2) Any such person who refuses to be sworn or to answer any lawful question shall be dealt with in the same manner as witnesses so refusing may by law be dealt with by a Magistrate.

(3) Every person so required to give evidence, who in the opinion of the court makes true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the hand of the Magistrate stating that he has, in the opinion of the Magistrate, made a true and full discovery of all things as to which he was examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.

Professional gamblers not being citizens of Singapore may be banished by order of the Yang di-Pertuan Negara

20. If at any time it appears to the Yang di-Pertuan Negara that any person not being a citizen of Singapore is a professional gambler or is engaged in the promotion of public gaming, he may issue an order banishing such person from the State for such period and generally in such manner as to the Yang di-Pertuan Negara seems expedient, and upon the issuing of such order the like consequences shall ensue in all respects as though such order had been issued under the powers conferred by the Banishment Ordinance (Cap. 127).

Trial of offences

21. All offences against this Ordinance shall be tried by a Magistrate who, notwithstanding anything in the Criminal Procedure Code (Cap. 132), may award the full punishment with which the offence is punishable under this Ordinance.

Binding over on second conviction

22. If a person who has been convicted of an offence under section 4 of this Ordinance is again convicted of the same or any other offence under that section, the court may, in addition to the punishment provided by that section, make an order requiring him to give security for a period not exceeding three years by one or more sureties that he will not offend against this Ordinance, and every such order shall be made as nearly as may be in the same manner and shall have the like effect and consequences as if the same were made under Chapter VII of the Criminal Procedure Code.

Exemption

23. The Yang di-Pertuan Negara may by notification in the Gazette, either generally or in particular cases, exempt from all or any of the provisions of this Ordinance the members and officers of any racing club or association in respect of any public lottery or sweepstake held, promoted, organized, administered or operated by it or its duly authorized officers or agents at places subject to the control or supervision of any one or more of the officers of such racing club or association.

No offence to buy ticket in lottery of exempted club

24. Notwithstanding the prohibitions and penalties prescribed and imposed in this Ordinance in relation to a public lottery it shall not be an offence for any person to buy a ticket or chance or take part in any public lottery held, promoted, administered or operated by a racing club or association which has been exempted under the provisions of section 23 of this Ordinance.

Repeal

25.—(1) The Common Gaming Houses Ordinance (Cap. 114) is hereby repealed.

(2) Paragraph (h) of section 4 of the Vagrancy Ordinance (Cap. 125) is hereby repealed.

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