Vigilante Corps Bill

Bill No. 13/1967

Read the first time on 29th June 1967.
An Act to provide for the establishment and maintenance of the Vigilante Corps and for purposes connected therewith.
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 Vigilante Corps Act, 1967, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
2.  In this Act, unless the context otherwise requires —
“Commandant” means the officer appointed by the Minister under section 6 of this Act;
“Commanding Officer” means the Deputy Commissioner of Police, the Senior Assistant Commissioner of Police and an Assistant Commissioner of Police, the Commandant of the Police Training School and any police officer lawfully acting in any of these appointments;
“Commissioner” means the Commissioner of Police of Singapore;
“Corps” means the Vigilante Corps established by this Act;
“member of the Corps” means any person of any rank in the Corps;
“officer” means any member of the Corps not less than the rank of Assistant Unit Leader;
“subordinate officer” means a member of the Corps below the rank of Assistant Unit Leader;
“Police Force” means the Singapore Police Force established by the Police Force Ordinance, 1958 (Ord. 32 of 1958).
Raising and maintenance of Vigilante Corps
3.  There shall be raised and maintained in accordance with the provisions of this Act and of the regulations made thereunder a Corps to be known as the “Vigilante Corps”.
Composition of the Corps
4.  The Corps shall consist of —
(a)persons who have been called up for national service in the Corps under the provisions of any written law for the time being in force relating to national service; and
(b)volunteers who have been enrolled in the Corps by the Commandant.
Functions of the Corps
5.  The Corps shall —
(a)assist the Police Force in the maintenance of law and order, the preservation of public peace, the prevention and detection of crime and the apprehension of offenders; and
(b)perform such other functions and duties as may be assigned to the Corps by the Minister.
Appointment of Commandant
6.  The Minister may appoint a Commandant of the Corps who shall, subject to the general direction and control of the Commissioner, be responsible for the command, administration, discipline, training and welfare of the Corps.
Affiliation to the Police Force
7.—(1)  The Corps shall be affiliated to the Police Force but members of the Corps shall not be police officers within the meaning of the Police Force Ordinance, 1958 (Ord. 32 of 1958).
(2)  The Commissioner may second any member of the Police Force for full-time or part-time service in the Corps.
Corps to consist of units
8.  The Corps shall consist of such units and divisions as may from time to time be approved by the Minister.
Power to disband Corps
9.  The Minister may, whenever it seems to him expedient to do so, disband or discontinue the service of the Corps or any part thereof.
Oath or affirmation
10.—(1)  Every member of the Corps shall take an oath or affirmation in the form set out in the Schedule to this Act before the Commandant or such person as may be authorised by him.
(2)  Any member of the Corps who refuses to take such oath or affirmation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
Certificate
11.  A certificate shall be issued to every member of the Corps and shall be evidence of his appointment under this Act.
Resignation and discharge from Corps
12.—(1)  Any member of the Corps, who is enrolled as a volunteer and has not been called out for mobilized service under section 13 of this Act, may resign by giving to the Commandant fourteen days’ notice in writing of his intention to do so.
(2)  The Commandant may discharge any member of the Corps where he is of the opinion that such member is not likely to become or remain useful in the Corps.
Mobilization
13.—(1)  The President may by proclamation published in the Gazette declare for the purposes of this Act that a state of emergency exists in Singapore.
(2)  When a state of emergency has been declared under subsection (1) of this section, the Minister may, by order, call out all or any part of the Corps for mobilized service.
(3)  Every member of the Corps so called out shall report for mobilization at such time and place as the Commandant may appoint.
(4)  Every member of the Corps called out under the provisions of this section shall remain so called out until he is released from mobilized service by the Commandant with the approval of the Minister.
Delivery of Government property on leaving the Corps
14.—(1)  Every member of the Corps who, by resignation, dismissal, discharge or otherwise leaves the Corps, shall before leaving deliver up in good order (fair wear and tear only excepted) any arms, ammunition, accoutrement, uniform or other article supplied to him and any other property belonging to the Government which may be in his possession.
(2)  Any person neglecting to deliver up any such article or property 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 three months, and in addition thereto shall be liable to pay the value of the article or property not delivered up, which value shall be ascertained in a summary manner by the same court by which the person was convicted where it shall be recoverable as a fine.
Desertion
15.—(1)  If any member of the Corps, other than a volunteer who has not been called out for mobilized service under section 13 of this Act, unlawfully absents himself from duty under circumstances which show that he has the intention of not returning to his duty, he shall be deemed to have deserted and shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding twelve months.
(2)  Any police officer may arrest without warrant any person where there are reasonable grounds to believe that such person is guilty of an offence under subsection (1) of this section.
Members to obey lawful orders
16.  Every member of the Corps shall obey all lawful orders, whether given verbally or in writing by his superior officer and shall obey and conform to any written order issued from time to time by the Commissioner, a Commanding Officer or the Commandant.
Punishment of subordinate officers
17.—(1)  Where a subordinate officer is found guilty by a Commanding Officer or any other person authorised by him to conduct disciplinary proceedings, of any of the following offences: —
(a)absence from duty without leave or good cause;
(b)sleeping on duty;
(c)conduct to the prejudice of good order and discipline;
(d)cowardice in the performance of duty;
(e)disobedience of any lawful orders of a superior officer whether written or verbal and of any order issued by the Commissioner, a Commanding Officer or the Commandant;
(f)being unfit for duty through intoxication;
(g)insubordination;
(h)neglect of duty or orders;
(i)malingering;
(j)making in the course of his duty a statement which is false in a material particular;
(k)excess of duty resulting in loss or injury to any other person; and
(l)wilful destruction or negligent loss of or injury to property belonging to the Government,
the Commanding Officer may order that such member be dismissed or retired from the Corps, or may punish him with any of the following punishments: —
(i)reduction in rank or seniority;
(ii)reprimand;
(iii)caution; and
(iv)extra duty.
(2)  A subordinate officer may appeal against any finding or punishment under this section to the Commissioner within thirty days from the date of such finding or punishment and in every case where an appeal has been lodged any punishment awarded shall be suspended pending the determination of the appeal.
Punishment of officers
18.—(1)  Where an officer is found guilty by a Commanding Officer or any other person duly authorised to conduct disciplinary proceedings of any of the offences specified in subsection (1) of section 17 of this Act, the Commissioner may order that such officer be dismissed or retired from the Corps or the Commissioner may punish him with any of the following punishments: —
(a)reduction in rank or seniority;
(b)reprimand; and
(c)caution.
(2)  An officer may appeal against any finding or punishment under this section to the Minister within thirty days from the date of such finding or punishment and in every case where an appeal has been lodged any punishment awarded shall be suspended pending the determination of the appeal.
Approval of proper authority for discharge or dismissal of member called up for national service
19.  No member of the Corps who has been called up for national service in the Corps shall be discharged, retired or dismissed from the Corps under the provisions of section 12, 17 or 18 of this Act except with the prior approval of the proper authority appointed under the National Service Ordinance, 1952 (M. Ord. 37 of 1952).
Prosecution for disciplinary offences
20.—(1)  Any member accused of any of the offences specified in subsection (1) of section 17 of this Act may instead of being dealt with under section 17 or 18 of this Act, be prosecuted in Court and shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
(2)  No prosecution under this section shall be instituted without the previous sanction in writing of a Commanding Officer.
Threatening or insulting any police officer or Vigilante Corps member of senior or equal rank
21.—(1)  Any member of the Corps who threatens or insults any police officer or member of senior or equal rank when such police officer or member is on duty, or when such threat or insult relates to or is consequent on the discharge of duty by the police officer or member so threatened or insulted, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
(2)  Any police officer may arrest without warrant any member of the Corps who has committed or is accused of having committed an offence under subsection (1) of this section.
Loss of or damage to arms, equipment, etc., to be made good by order of a Court, or by composition
22.—(1)  Any member of the Corps who pawns, sells, loses by neglect, makes away with or wilfully or negligently damages any arms, ammunition, accoutrement, uniform or other article supplied to him, or any vehicle or property committed to his charge 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 three months, and in addition thereto shall be liable to pay the value of such article or property which value shall be ascertained in a summary manner, by the same Court by which the person was convicted, where it shall be recoverable as a fine.
(2)  The Commandant may in minor cases compound such offence.
Power to summon witnesses
23.—(1)  The person conducting an inquiry into an offence under the provisions of section 17 or 18 of this Act may by notice require any person to attend and give evidence before him and may require such person to produce any documents relating to such offence:
Provided that no person so required to attend shall be obliged to disclose any matter or produce any document which would have been protected from disclosure or production, as the case may be, on the ground of privilege if the proceedings had been held in any court.
(2)  Any person required to attend under the provisions of subsection (1) of this section who without reasonable excuse fails to do so shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.
Regulations
24.—(1)  The Minister may make regulations respecting the constitution, general administration, discipline, training and welfare of the Corps and generally for carrying out the purposes of this Act.
(2)  In particular and without prejudice to the generality of the foregoing power, such regulations may provide for —
(a)the manner in which, and conditions subject to which, persons are to be enrolled in the Corps, and the form of declaration to be taken by such persons;
(b)the conditions of physical fitness required of members of the Corps;
(c)the training to be undergone by members of the Corps;
(d)the attendance at courses of instruction and training by members of the Corps;
(e)the seniority of officers and the entry, confirmation, appointment and promotion of members in the Corps;
(f)uniforms and equipment to be used in the Corps;
(g)awards of compensation in respect of death and personal injuries;
(h)awards of pensions and gratuities;
(i)reimbursements or payments to members of the Corps;
(j)the duties and responsibilities of a member who has been called up for service in the Corps under the provisions of any written law relating to national service;
(k)discipline and punishments; and
(l)any other matter necessary or expedient for carrying out the purposes of this Act.
Continuance of existing Vigilante Corps and persons deemed to be members of the Corps
25.—(1)  The Vigilante Corps existing immediately before the date of the coming into operation of this Act shall, as from and after such date, be deemed to have been raised and maintained under this Act.
(2)  Upon the date of the coming into operation of this Act, every person who immediately before such date was a member of the Vigilante Corps shall be deemed to be appointed or enrolled, with the same rank or seniority, under the provisions of this Act, and the provisions of this Act shall extend to every such person accordingly.