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Vigilante Corps (Amendment) Bill

Bill No. 14/1982

Read the first time on 27th July 1982.

An Act to amend the Vigilante Corps Act (Chapter 80 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title

1. This Act may be cited as the Vigilante Corps (Amendment) Act, 1982.

Amendment of section 2

2. Section 2 of the Vigilante Corps Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the word “Commandant” in the definition of “commanding officer” and substituting the word “Director”;

(b)

by inserting, immediately after the definition of “the Corps”, the following definitions: —

“ “detention barracks” means any building or part thereof set apart by the Commissioner for the purposes of persons serving sentences of detention;

“disciplinary officer” means any officer or any police officer of or above the rank of Inspector in the Police Force who is appointed by the Commandant to conduct disciplinary proceedings;”.

Repeal and re-enactment of section 17

3. Section 17 of the principal Act is repealed and the following section substituted therefor: —

“Punishment of subordinate officers

17.—(1) Where a subordinate officer is found guilty by a disciplinary officer of any of the offences specified in the Schedule to this Act, the disciplinary officer may impose any one of the following punishments: —

(a)	detention for a period not exceeding forty days;
(b)	a fine not exceeding two hundred dollars;
(c)	stoppage of leave for any period not exceeding twenty-eight days;
(d)	restriction of privileges for any period not exceeding fourteen days;
(e)	extra duty or drill for any period not exceeding seven days;
(f)	reprimand; or
(g)	caution.

(2) If a disciplinary officer is of the opinion that a subordinate officer found guilty of any offence under this section should be reduced in rank, he may refer the charge and the record of the proceedings to the Commandant who may reduce the rank of the subordinate officer or impose any one of the punishments which a disciplinary officer may impose under subsection (1).

(3) A subordinate officer may appeal against any decision under this section to a commanding officer within fourteen days from the date of the decision and in every case where an appeal has been lodged any punishment imposed shall be suspended pending the determination of the appeal.

(4) In addition to any of the punishments under subsection (1), a disciplinary officer may order a subordinate officer found guilty of any offence under this Act to pay compensation, not exceeding fifty dollars, to any person who suffered damage or loss through the offence.”.

Repeal and re-enactment of section 18

4. Section 18 of the principal Act is repealed and the following section substituted therefor: —

“Punishment of officers

18.—(1) Where an officer is found guilty of any of the offences specified in the Schedule to this Act by any person authorised by regulations made under this Act to conduct disciplinary proceedings, a commanding officer may reduce the rank of the officer or impose any one of the punishments which a disciplinary officer may impose under subsection (1) of section 17.

(2) An officer may appeal against any decision under this section to the Commissioner within fourteen days from the date of the decision and in every case where an appeal has been lodged any punishment imposed shall be suspended pending the determination of the appeal.

(3) In addition to any of the punishments under subsection (1), a commanding officer may order an officer found guilty of any offence under this Act to pay compensation, not exceeding one hundred dollars, to any person who suffered damage or loss through the offence.”.

New sections 18A to 18E

5. The principal Act is amended by inserting, immediately after section 18, the following sections: —

“Decision on appeal

18A. On appeal under section 17 or 18 a commanding officer or the Commissioner, as the case may be, may —

(a)	dismiss the appeal;
(b)	allow the appeal and quash the decision; or
(c)	impose such other punishment as he thinks fit except that the punishment so imposed shall not in any event be greater or more severe than that originally imposed.

Commencement of sentence of detention

18B. A term of detention imposed under section 17 or 18 shall take effect from the date on which it was passed unless the officer passing the sentence otherwise directs.

Sentence of detention

18C. A person sentenced to detention under this Act shall, unless otherwise provided for in any regulations made thereunder, serve his sentence in detention barracks.

Provisions as to persons unlawfully at large

18D.—(1) Any person who, having been sentenced to detention under this Act, is at large may (without prejudice to any other power of arrest) be arrested by any police officer without warrant and taken to any place in which he may be required to be detained in accordance with this Act or any regulations made thereunder.

(2) Where any person sentenced to detention under this Act is at large at any time during the period for which he is liable to be detained in pursuance of the sentence, no account shall be taken, in calculating the period for which he is liable to be so detained, of any time elapsing after he was at large and before he is taken into custody or he is received into a detention barrack.

Recovery of compensation

18E. An order for payment of compensation made under section 17 or 18 shall not prejudice any right to any civil remedy for the recovery of damages beyond the amount of compensation paid under the order.”.

Amendment of section 19

6. Section 19 of the principal Act is amended by deleting the words “, retired or dismissed from the Corps under the provisions of section 12, 17 or 18 of this Act” and substituting the words “under section 12”.

Repeal and re-enactment of section 20

7. Section 20 of the principal Act is repealed and the following section substituted therefor: —

“Prosecution for disciplinary offences

20.—(1) Any member of the Corps accused of any of the offences specified in the Schedule to this Act may, instead of being dealt with under section 17 or 18, be prosecuted in any 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) Where a member of the Corps is convicted under subsection (1), the court may order him to pay to any person who suffered damage or loss through the offence compensation not exceeding one thousand dollars.

(3) Nothing in subsection (2) shall prejudice the right of any person to a civil remedy for the recovery of damages beyond the amount of compensation ordered.

(4) No prosecution under this section shall be instituted without the previous sanction in writing of a commanding officer.”.

Amendment of section 23

8. Section 23 of the principal Act is amended by deleting the words “an inquiry into an offence under the provisions of section 17 or 18 of this Act” in the first and second lines of subsection (1) and substituting the words “the disciplinary proceedings into any offence under section 17 or 18”.

New sections 23A to 23C

9. The principal Act is amended by inserting, immediately after section 23, the following sections: —

“Authorised deductions only to be made from pay

23A. The pay of a member of the Corps shall be paid without any deduction other than the deductions authorised by this Act or any regulations made thereunder or by any other written law.

Deductions from ordinary pay of member of the Corps

23B.—(1) Subject to subsection (2) the following deductions may, or if regulations so provide shall, be made from the ordinary pay due to a member of the Corps: —

(a)

all ordinary pay —

(i)	for every day of absence on desertion or without leave, or for overstaying the period for which leave of absence is granted;
(ii)	for every day of imprisonment, corrective training, preventive detention, reformative training or detention of any other description, to which he is liable in consequence of an order or sentence of a court or order of the civil power;
(iii)	for every day of detention imposed under section 17 or 18;
(iv)	for every day on which he is in hospital on account of sickness certified by the proper medical officer attending on him at the hospital to have been caused by an offence under this Act committed by him;

(b)

the sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of any offence as may be awarded by a court by whom he is convicted of the offence or by a person conducting the disciplinary proceedings against him under this Act or any regulations made thereunder;

(c)

the sum required to make good such compensation for any expenses caused by him, or for any loss of or damage or destruction done by him to any arms, equipment, clothing, instruments or to any buildings or property, as may be awarded by a court or by a person conducting the disciplinary proceedings against him under this Act or any regulations made thereunder; and

(d)

the sum required to pay a fine imposed under section 17 or 18 or any fine, penalty, damages, compensation or costs which a court before which he has been charged with an offence has ordered him to pay.

(2) The total amount of deduction from the ordinary pay due to a member of the Corps in respect of the sums required to pay any compensation, fine or sum awarded or ordered to be paid under subsection (1) shall not exceed such sums as will leave to him less than one dollar a day; and a member shall not be subjected to any deductions greater than is sufficient to make good the expenses, loss, damage or destruction for which the compensation is awarded, or to pay the sum awarded or ordered.

Supplemental provisions as to deductions from ordinary pay

23C.—(1) Any sum authorised by this Act to be deducted from the ordinary pay of a member of the Corps may, without prejudice to any other mode of recovering the same, be deducted from the ordinary pay or from any sums due to the member, in such manner, and when deducted or recovered may be appropriated in such manner, as may from time to time be directed by any regulations made under this Act.

(2) Any regulations made under subsection (1) may from time to time declare what shall, for the purposes of this Act relating to deductions from pay, be deemed to constitute a day of absence or a day of imprisonment or detention, so, however, that —

(a)	no person shall be treated as absent, imprisoned or detained for the purposes of this Act unless the absence, imprisonment or detention has lasted six hours or more, except where the absence prevented the absentee from fulfilling any duty;
(b)	a period of absence, imprisonment or detention which commences before and ends after midnight may be reckoned as a day;
(c)	the number of days shall be reckoned as from the time when the absence, imprisonment or detention commences; and
(d)	no period of less than twenty-four hours shall be reckoned as more than one day.”.

New Schedule

10. The principal Act is amended by inserting, immediately after section 25, the following Schedule: —

“THE SCHEDULE

Sections 17, 18 and 20.

Offences

1. Abandons any place or thing which it is his duty to guard or to prevent from falling into the hands of any unauthorised person.

2. Behaves in such a manner as to show cowardice or induces any other member so to behave when that member is on duty.

3. While on guard duty, sleeps or leaves any place where it is his duty to be.

4. While on patrol duty, does not carry out his duty diligently.

5. Fails to use his utmost exertion to carry any lawful order of a superior officer into execution.

6. By words or behaviour, wilfully disobeys any lawful order by whatever means communicated to him.

7. Fails to comply with any lawful order or neglects to perform or negligently performs any lawful duty or order.

8. Strikes or otherwise uses violence to or offers violence to a member superior in rank.

9. Uses threatening or insubordinate language, or gestures or behaves with contempt to a member superior in rank.

10. Absents without leave or good cause from service or from the place where he is lawfully required for the time being to be.

11. Does or fails to do any act, or conducts himself to the prejudice of good order or discipline in the Corps.

12. Unlawfully places or holds a member in custody.

13. Ill-treats a member of lower rank or less seniority or any member in custody or subject to his authority.

14. Knowingly exceeds his authority over a member of lower rank or less seniority.

15. Falsely claims to be suffering from any sickness.

16. Injures himself or any other member with intent thereby to render himself or that other member unfit for service, or causes himself to be injured by any person with that intent.

17. Does any act or fails to do anything to produce, prolong or aggravate any sickness with intent to render or keep himself unfit for duty or service.

18. While on duty, is intoxicated by alcohol.

19. Has in his possession, smokes or administers to himself or otherwise consumes any dangerous, prohibited or controlled drug as defined in any written law relating to the misuse or control of drugs.

20. Without authority, abandons any arms, vessel or vehicle of the Corps or the Police Force.

21. Does an act in relation to anything or substance that may be dangerous to life or property, which act causes, or is likely to cause, loss of life or bodily injury to any member or cause, or is likely to cause, damage to or destruction of any property.

22. Wilfully damages or destroys or causes the loss of, or is concerned in the wilful damage, destruction or loss of, any property belonging to the Government or to a member.

23. By wilful neglect causes or allows damage to, or the loss of, any property belonging to, the Government.

24. By any negligent act or omission, causes or allows damage to, or the loss of, any property belonging to the Government.

25. Does any wilful or negligent act or omission which is likely to cause damage to, or the loss of, any property belonging to the Government.

26. Misapplies or wastefully expends any property of the Government.

27. Being a full-time member, engages in any trade or employment without the permission of the Commissioner.”.