Search within Legislation

Search Results

Police Force (Amendment) Ordinance

Bill No. 133/1961

Read the first time on 22nd March 1961.

An Ordinance to amend the Police Force Ordinance, 1958 (No. 32 of 1958) and to repeal Part XV of the Ports Ordinance (Chapter 208 of the Revised Edition).

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 Police Force (Amendment) Ordinance, 1961.

Amendment of section 2

2. Section 2 of the Police Force Ordinance, 1958 (hereinafter in this Ordinance referred to as the “principal Ordinance”) is hereby amended —

(a)

by inserting immediately after the definition of “arm” appearing therein the following new definitions: —

“ “Auxiliary Police Force” means any force created under the provisions of Part VIIIB of this Ordinance;

“auxiliary police officer” means a person appointed as such under the provisions of Part VIIIB of this Ordinance;”;

(b)

by deleting the expression “, the Superintendent of the Singapore Harbour Board Police Force,” appearing in the fifth and sixth lines of the definition of “commanding officer” therein;

(c)

by inserting immediately after the definition of “gazetted officer” appearing therein the following new definition: —

“ “guard and escort officer” means a member of the Guard and Escort Unit constituted under Part VIIIA of this Ordinance;”;

(d)

by inserting immediately after the word “Ordinance” appearing in the second line of the definition of “Police Force” therein the words “and called the Polis Negara Singapura”; and

(e)

by inserting immediately after the word “constable” appearing in the second line of the definition of “police officer” therein the words “and a guard and escort officer”.

Amendment of section 20

3. Section 20 of the principal Ordinance is hereby amended —

(a)	by inserting immediately after the expression “time,” appearing in the first line of subsection (1) thereof the expression “with the consent of the Minister,”; and
(b)	by deleting the expression “subsection (1) or subsection (3) of” appearing in the first and second lines of subsection (4) thereof.

Amendment of section 21

4. Subsection (2) of section 21 of the principal Ordinance is hereby amended; —

(a)	by deleting the colon appearing at the end of paragraph (c) thereof and substituting therefor a full-stop; and
(b)	by deleting both the provisos thereto.

Amendment of section 27

5. Section 27 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Police Regulations” appearing in the third line of subsection (1) thereof and substituting therefor the word “him”;

(b)

by deleting all the words and commas appearing in the last five lines of subsection (1) thereof and substituting therefor the expression “and in lieu of or in addition to any of the aforesaid punishments, may impose a fine not exceeding one hundred dollars or forfeiture of not more than one month’s pay, except in the case of absence without leave or good cause when, in addition to any other punishment, forfeiture of pay may be imposed in respect of the period of absence or such lesser period as to the commanding officer may seem fit”;

(c)

by inserting immediately after subsection (1) thereof the following new subsection: —

“(2) Where any officer authorized by a commanding officer to conduct disciplinary proceedings finds any subordinate officer guilty of any of the offences specified in subsection (1) of this section, he may impose on such subordinate officer any of the punishments which a commanding officer may impose other than that of dismissal or retirement from the Police Force.”; and

(d)

by renumbering the existing subsections (2) and (3) thereof as subsections (3) and (4) respectively.

Amendment of section 28

6. Subsection (1) of section 28 of the principal Ordinance is hereby amended by deleting the words “other punishment” appearing in the sixteenth line thereof and substituting therefor the words “of the aforesaid punishments”.

Amendment of section 29

7. Section 29 of the principal Ordinance is hereby amended —

(a)

by inserting immediately after subsection (1) thereof the following new subsection: —

“(2) Notwithstanding any regulations governing the discipline of special police officers made under the provisions of this Ordinance, a special police officer may be prosecuted in court for any of the offences specified in subsection (1) of section 27 of this Ordinance and shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term which may extend to three months or to both such fine and imprisonment.”;

(b)

by renumbering the existing subsection (2) thereof as subsection (3); and

(c)

by deleting the words “such prosecution” appearing in the first line of subsection (3) thereof and substituting therefor the words “prosecution under this section”.

Amendment of section 30

8. Section 30 of the principal Ordinance is hereby amended by deleting the words “which may extend to” appearing in the penultimate line thereof and substituting therefor the words “not exceeding”.

Amendment of section 40

9. Subsection (1) of section 40 of the principal Ordinance is hereby amended by deleting the expression “, subject when in the Federation of Malaya” appearing in the third and fourth lines thereof and substituting therefor the expression “: Provided that when in the Federation of Malaya they shall be subject”.

Amendment of section 50

10. Subsection (4) of section 50 of the principal Ordinance is hereby amended by deleting the words “such property as consists of” appearing in the third line thereof.

Amendment of section 59

11. Section 59 of the principal Ordinance is hereby amended by deleting the expression “British subject or British protected person,” appearing in the second line of the proviso thereto.

New Parts VIIIA and VIIIB

12. The principal Ordinance is hereby amended by inserting immediately after Part VIII thereof the following new Parts: —

“PART VIIIA

GUARD AND ESCORT UNIT

Constitution of Guard and Escort Unit

68A. There shall be constituted in Singapore a force to be known as the Guard and Escort Unit which shall consist of such members of gazetted officers, inspectors and subordinate officers as the Minister may from time to time decide.

Appointments, promotions and dismissals

68B. The gazetted officers and inspectors of the Guard and Escort Unit shall be appointed, promoted or dismissed by the Yang di-Pertuan Negara, and the subordinate officers shall be appointed, promoted, reduced in rank or in grade or dismissed or discharged by the Commissioner.

Duties

68C. The duties of the Guard and Escort Unit shall be —

(a)	the guarding and escorting of persons and property, including persons in lawful custody;
(b)	apprehending any person who has been concerned in any seizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned;
(c)	executing summonses, subpoenas, warrants, commitments and other process issued by courts and Justices of the Peace;
(d)	assisting in the protection of life and property at fires;
(e)	protecting public property from loss or injury;
(f)	attending the criminal courts and, if specially ordered the civil courts, and keeping order therein;
(g)	miscellaneous routine station duties including the driving and care of police transport; and
(h)	executing such other duties as may be assigned to it from time to time by the Commissioner.

PART VIIIB

AUXILIARY POLICE FORCE

Auxiliary Police Force

68D.—(1) The Commissioner may, with the approval of the Minister, authorize the creation of an Auxiliary Police Force within the limits of any specified area owned by or under the jurisdiction or control of the Government or of any company, statutory body or other organisation, as the case may be, for the purpose of safeguarding life and property within such area.

(2) The Commissioner may, in his discretion, confer the powers of a police officer upon one or more suitable persons who are employed by the Government or, after such consultation with the employer as he considers necessary, by any company, statutory body or other organisation, in work of a nature which, in the opinion of the Commissioner, renders the conferment of such powers necessary or desirable, and every such person shall be known as an auxiliary police officer and shall carry a warrant card issued by the Commissioner.

(3) Every auxiliary police officer shall on appointment take an oath or affirmation in the form appropriate to his case, as set out in the Schedule to this Ordinance, to be taken before a gazetted officer of the Police Force.

(4) The members of every Auxiliary Police Force shall be auxiliary police officers and shall be organised in ranks similar to those of the Police Force, and shall be subject to the authority of the Commissioner for the maintenance of law and order, the preservation of public peace and the prevention and detection of crime within the limits of the respective areas of each Auxiliary Police Force and to such extent outside the limits of such areas as the Commissioner may decide.

(5) Every auxiliary police officer shall have the powers, protection and immunities of a police officer of corresponding rank within the area under the jurisdiction of the Auxiliary Police Force of which he is a member and to such extent outside the limits of such area as the Commissioner may decide:

Provided that he shall also have such powers, protection and immunities outside such area when pursuing or in charge of any person who has committed, or is suspected of having committed, an offence within the limits of such area or within his view outside such area.

(6) The Commissioner may, after consultation with the company, statutory body or other organisation employing an Auxiliary Police Force, second one or more police officers for service with such Auxiliary Police Force, and the salaries and allowances of such police officers shall be paid by such company, statutory body or other organisation.

(7) The pay, pensions and conditions of service of every auxiliary police officer and his day to day duties shall be matters entirely within the jurisdiction of the Government, if he is employed by the Government, or of the company, statutory body or other organisation employing him, and standard arms, ammunition and other accoutrements shall be provided at the expense of the Government or of such company, statutory body or organisation, as the case may be.

(8) The provisions of section 21 of this Ordinance shall apply to auxiliary police officers who are members of an Auxiliary Police Force created within the limits of a specified area in the like manner as they apply to police officers:

Provided that auxiliary police officers shall not be precluded from making representations of the nature mentioned in subsection (1) of section 21 of this Ordinance to the company, statutory body or other organisation employing them.

(9) Upon the dismissal of any auxiliary police officer by the Government or by any company, statutory body or other organisation employing him, as the case may be, the Commissioner shall cancel the warrant card of such auxiliary police officer, who shall thereupon cease to be an auxiliary police officer.

(10) Upon the resignation of any auxiliary police officer from the service of the Government or of any company, statutory body or other organisation, as the case may be, such auxiliary police officer shall surrender his warrant card to the Commissioner, and shall thereupon cease to be an auxiliary police officer.

(11) Notwithstanding the provisions of subsections (9) and (10) of this section, the Commissioner may, after prior notice to the employer of the Auxiliary Police Force concerned, in his discretion cancel at any time the warrant card issued to any auxiliary police officer, who shall thereupon cease to be an auxiliary police officer.

(12) The Minister may make regulations to be called “the Auxiliary Police Regulations” to carry out the purposes of this section, and without prejudice to the generality of the foregoing powers, such regulations may provide for —

(a)	schemes of training;
(b)	appointments and promotions;
(c)	discipline and punishment;
(d)	uniform and equipment; and
(e)	arms and ammunition to be carried.

(13) Any act done or omitted to be done by any auxiliary police officer employed by any company, statutory body or other organisation shall be deemed to be an act done or omitted to be done in the course of his employment with such company, statutory body or other organisation, as the case may be, and the Government shall not be liable for any act done or omitted to be done by any auxiliary police officer who is not employed by the Government.”.

New section 71A

13. The principal Ordinance is hereby amended by inserting immediately after section 71 thereof the following new section: —

“Employment of police officers for private purposes

71A.—(1) The Commissioner may in his absolute discretion grant an application made by any person for the employment of police officers for the purpose of guarding himself or any other person or any property, or for any other reason acceptable to the Commissioner.

(2) Where such application is granted —

(a)	the applicant shall pay for such service at such rate as may be prescribed by the Commissioner from time to time in the Gazette; and
(b)	the Commissioner shall decide on the number of police officers to be placed at the disposal of the applicant for such service, and may prescribe the conditions of such service, which shall be binding on the applicant.

(3) The Government shall not be liable for any loss or damage to property, whether owned by the applicant or by any other person, consequent on the employment of police officers as provided in this section.”.

Repeal and re-enactment of the Schedule

14. The Schedule to the principal Ordinance is hereby repealed and the following substituted therefor: —

“THE SCHEDULE

(Sections 61 and 68D(2))

For citizens of Singapore:

I, .........................................., do *swear / affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and to His Excellency the Yang di-Pertuan Negara and that I will faithfully serve as *a special police officer / an auxiliary police officer of the State of Singapore in accordance with the provisions of the Police Force Ordinance, 1958.

For persons who are not citizens of Singapore:

I, .........................................., do *swear / affirm that I will faithfully serve as *a special police officer / an auxiliary police officer of the State of Singapore in accordance with the provisions of the Police Force Ordinance, 1958.

¹”.

¹Strike out that which does not apply.

Repeal

15. Part XV of the Ports Ordinance (Cap. 208) is hereby repealed.