Arms Offences Bill - Singapore Statutes Online

Arms Offences Bill

Bill No. 53/1973

Read the first time on 28th August 1973.

An Act to consolidate and amend the law relating to the unlawful possession of arms and ammunition and the carrying and using of arms, and to repeal the Arms Offences Act (Chapter 94) and the Firearms and Ammunition (Unlawful Possession) Act (Chapter 100 of the 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 Arms Offences Act, 1973, 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 —

“arm” means any firearm, air-gun, air-pistol, automatic gun, automatic pistol and any other kind of gun or pistol from which any shot, bullet or other missile can be discharged or noxious liquid, flame or fumes can be emitted, and any component part thereof and includes any bomb or grenade and any component part thereof;

“imitation arm” means anything which has the appearance of being an arm;

“import” means to bring or cause to be brought into Singapore by any means from any place;

“scheduled offence” means any offence specified in the Schedule to this Act;

“traffick in arms” means —

(a)	to import, manufacture or deal in arms in contravention of the provisions of the Arms and Explosives Act (Cap. 238); or
(b)	to lend, give, sell, hire or offer for sale or hire any arm to a person who has no licence to possess such arm issued under the Arms and Explosives Act;

“unlawful possession” means possession or control contrary to the provisions of the Arms and Explosives Act;

“use”, with its grammatical variations, means —

(a)	in relation to a firearm, air-gun, air-pistol, automatic gun, automatic pistol and any other kind of gun or pistol from which any shot, bullet or other missile can be discharged or noxious fluid, flame or fumes can be emitted — to cause such shot, bullet or other missile to be discharged or such noxious liquid, flame or fumes to be emitted with intent to cause physical injury to any person; and
(b)	in relation to a bomb or grenade — to throw the same, or to cause the same to explode, with intent to cause physical injury to any person or property.

Penalty for being in unlawful possession of arms or ammunition

3.—(1) Subject to subsection (4), any person who, after the commencement of this Act, is in unlawful possession of any arm or ammunition shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term which may extend to ten years and shall also be punished with caning with not less than six strokes.

(2) Subject to subsection (4), any person who unlawfully carries any arm shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term which may extend to fourteen years and shall also be punished with caning with not less than six strokes.

(3) Where any person at the time of his committing or at the time of his apprehension for any scheduled offence has on his person any arm, he shall be guilty of an offence under this Act and shall be punished on conviction to imprisonment for life and shall also be punished with caning with not less than six strokes.

(4) Where any person convicted of an offence punishable under subsection (1) or (2) is proved to have been previously convicted of a scheduled offence, he shall be liable to imprisonment for life and shall also be punished with caning with not less than six strokes.

Using or attempting to use arms

4. Any person who uses or attempts to use any arm shall on conviction be punished with death.

Punishment for accomplices

5. Where any arm is used by any person in committing or in attempting to commit any offence, each of his accomplices in respect of the last mentioned offence present at the scene of such offence who may reasonably be presumed to have known that such person was carrying or had in his possession or under his control such arm, shall, unless he proves that he had taken all reasonable steps to prevent the use of such arm, be guilty of an offence under this Act and shall on conviction be punished with death.

Trafficking in arms

6.—(1) Any person trafficking in arms shall be guilty of an offence under this Act and shall on conviction be punished with —

(a)	death; or
(b)	imprisonment for life and caning with not less than six strokes.

(2) Any person proved to be in unlawful possession of more than two arms shall be presumed to be trafficking in arms.

Consorting with persons carrying arms

7. Any person who consorts with, or is found in the company of, another person who is unlawfully carrying or is in unlawful possession of any arm in circumstances which raise a reasonable presumption that he knew that such other person was carrying or had in his possession or under his control any such arm shall, unless he proves that he had reasonable grounds for believing that such other person was not unlawfully carrying or not in unlawful possession of such arm, be guilty of an offence under this Act and shall be liable on conviction to the like punishment as that other person with whom he was consorting or in whose company he was found.

Penalty for exhibiting imitation arm when committing scheduled offence

8. Any person who at the time of committing or attempting to commit or abetting the commission of any scheduled offence exhibits any imitation arm in a manner likely to put any person in fear of death or hurt shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term which may extend to ten years and shall also be punished with caning with not less than three strokes.

Presumption

9. Where any arm is found in or on any premises, the occupier of such premises shall be deemed to be in possession of such arm unless he proves that some other person was in possession thereof, or that he had no knowledge or reasonable means of knowing that such arm was in or on such premises and that he had taken all reasonable precautions against such arm being kept in or on such premises.

Exemptions

10. Nothing in section 3 shall apply to —

(a)	a member of any visiting force lawfully present in Singapore or of the police force or of a volunteer force or local force constituted under any written law for the time being in force in Singapore; or
(b)	any person who carries an arm as part of his official or ceremonial dress on any official or ceremonial occasion; or
(c)	any person licensed or authorised to carry or possess an arm under or by virtue of any written law relating to arms for the time being in force in Singapore; or
(d)	a member of any organisation or association specially authorised by the Minister by notification in the Gazette, when such member is carrying any arm in, or in connection with, the performance of his duty.

Saving

11. The provisions of this Act shall have effect without prejudice to the provisions of the Arms and Explosives Act (Cap. 238) or of any other written law for the time being in force in Singapore relating to unlawful possession of arms or ammunition.

Power to amend Schedule

12. The President may at any time by order add to, amend or vary the Schedule to this Act.

Repeal

13. The Arms Offences Act (Cap. 94) and the Firearms and Ammunition (Unlawful Possession) Act (Cap. 100) are hereby repealed.

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