Miscellaneous Offences (Public Order and Nuisance) (Amendment) Bill

Bill No. 2/1996

Read the first time on 18th January 1996.
An Act to amend the Miscellaneous Offences (Public Order and Nuisance) Act (Chapter 184 of the 1990 Revised Edition).
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 Miscellaneous Offences (Public Order and Nuisance) (Amendment) Act 1996 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 4
2.  Section 4 of the Miscellaneous Offences (Public Order and Nuisance) Act (referred to in this Act as the principal Act) is amended by inserting, immediately after the words “a Magistrate’s Court” in the third line, the words “or a District Court”.
Amendment of section 9
3.  Section 9 of the principal Act is amended by deleting “$1,000” in the fourth line and substituting “$5,000”.
Amendment of section 10
4.  Section 10(1) of the principal Act is amended by deleting “$1,000” and substituting “$5,000”.
Amendment of section 13
5.  Section 13 of the principal Act is amended —
(a)by deleting “$1,000” in the third line and substituting “$5,000”; and
(b)by deleting paragraph (f).
New sections 13A to 13D
6.  The principal Act is amended by inserting, immediately after section 13, the following sections:
Intentional harassment, alarm or distress
13A.—(1)  Any person who in a public place or in a private place, with intent to cause harassment, alarm or distress to another person —
(a)uses threatening, abusive or insulting words or behaviour; or
(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that person or any other person harassment, alarm or distress, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(2)  It is a defence for the accused to prove —
(a)that he was inside a dwelling-house and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, by him would be heard or seen by a person outside that dwelling-house or any other dwelling-house; or
(b)that his conduct was reasonable.
Harassment, alarm or distress
13B.—(1)  Any person who in a public place or in a private place —
(a)uses threatening, abusive or insulting words or behaviour; or
(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of any person likely to be caused harassment, alarm or distress thereby shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(2)  It is a defence for the accused to prove —
(a)that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress;
(b)that he was inside a dwelling-house and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that dwelling-house or any other dwelling-house; or
(c)that his conduct was reasonable.
Fear or provocation of violence
13C.  Any person who in a public place or in a private place —
(a)uses towards another person threatening, abusive or insulting words or behaviour; or
(b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
with intent to cause that person to believe that immediate unlawful violence will be used against him or another person by any person, or to provoke the immediate use of unlawful violence by that person or another person, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Threatening, abusing or insulting public servant
13D.—(1)  Any person who in a public place or in a private place —
(a)uses any indecent, threatening, abusive or insulting words or behaviour towards a public servant in the execution of his duty as such public servant; or
(b)distributes or displays to a public servant in the execution of his duty as such public servant any writing, sign or other visible representation which is indecent, threatening, abusive or insulting,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year.
(2)  For the purpose of this section, “public servant” has the same meaning as in the Penal Code and includes any other officer who, by virtue of any other written law, is deemed to be a public servant within the meaning of the Penal Code [Cap. 224].”.
Amendment of section 14
7.  Section 14(2) of the principal Act is amended —
(a)by inserting, immediately after the word “premises” in the second line, the words “or in any public place”; and
(b)by inserting, immediately after the word “premises” in the fourth line, the words “or proceed to the public place”.
New sections 14A, 14B and 14C
8.  The principal Act is amended by inserting, immediately after section 14, the following sections:
Making of harassing or obscene telephone calls to emergency telephone numbers
14A.—(1)  Any person who makes a telephone call to an emergency telephone number with intent to annoy, abuse, threaten or harass any person who answers the telephone call shall be guilty of an offence and, subject to subsection (3), shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.
(2)  Any person who makes a telephone call to an emergency telephone number and, upon the call being answered, makes or solicits any comment, request, suggestion, proposal or other communication or sound which is obscene, lewd, lascivious, filthy or indecent, shall be guilty of an offence and, subject to subsection (3), shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(3)  Any person who uses a public telephone to commit an offence —
(a)under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)under subsection (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.
(4)  For the purposes of this section —
(a)“emergency telephone number” means any telephone number which the Minister may, by order published in the Gazette, declare to be an emergency telephone number; and
(b)a person who makes a telephone call to an emergency telephone number and, upon the telephone call being answered, refuses to speak or immediately hangs up shall be presumed until the contrary is proved to have intent to annoy any person answering the telephone call.
(5)  For the purposes of this section and section 14B, “public telephone” means a telephone which is available for use by any member of the public with or without payment.
Liability of subscriber
14B.—(1)  Any person being the subscriber to a telephone service which has been used to commit an offence under section 14A shall, unless he proves to the satisfaction of the court that he had exercised due diligence to prevent the commission of the offence, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(2)  Subsection (1) shall not apply to the subscriber of a public telephone service.
Furnishing of information
14C.—(1)  A police officer may, for the purpose of investigating into an offence under section 14A or 14B, by notice in writing require any person to furnish, within such period as may be specified in the notice, any document or information as may be —
(a)required by the police officer for the purpose of the investigation; and
(b)within the knowledge, or in the custody or under the control, of such person.
(2)  No action, suit or proceeding shall lie against any person who has furnished any document or information to a police officer pursuant to subsection (1).
(3)  Any person who, on being required by a notice under subsection (1) to furnish any document or information, fails to comply with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.”.
Amendment of section 22
9.  Section 22 of the principal Act is amended —
(a)by deleting the words “with intent to commit any offence” in subsection (1)(a) and substituting the words “without lawful authority or a lawful purpose”; and
(b)by inserting, immediately after subsection (1), the following subsections:
(1A)  In any prosecution for an offence under subsection (1)(a), it shall be sufficient for the prosecution to allege and prove that the accused was found to be armed with any dangerous or offensive instrument and the onus shall then be upon the accused to show that he had lawful authority or a lawful purpose to be so armed.
(1B)  An instrument shall be presumed to be carried with lawful authority if it is carried —
(a)by any member of the Singapore Armed Forces, the Singapore Police Force, the Singapore Civil Defence Force, the Commercial and Industrial Security Corporation or of any visiting force lawfully present in Singapore under the provisions of any law relating to visiting forces; or
(b)by any person as part of his official or ceremonial dress on any official or ceremonial occasion.”.
Amendment of section 27
10.  Section 27 of the principal Act is amended by inserting, immediately after the words “tell fortunes” in paragraph (b), the words “in any manner which causes or is likely to cause a public nuisance”.
New section 27A
11.  The principal Act is amended by inserting, immediately after section 27, the following section:
Appearing nude in public or private place
27A.—(1)  Any person who appears nude —
(a)in a public place; or
(b)in a private place and is exposed to public view,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
(2)  For the purpose of this section, the reference to a person appearing nude includes a person who is clad in such a manner as to offend against public decency or order.
(3)  Where an offence under this section is committed in a private place, it shall be lawful for a police officer to enter the private place without the authority of the owner or occupier of the private place to effect the arrest of the offender.
(4)  In effecting entry under subsection (3), it shall be lawful for a police officer to use such force as may be necessary to enter the private place.”.