Public Order (Composition of Offences) Regulations 2011

Status:

Published in Subsidiary Legislation Supplement
on 14 Mar 2011

No. S 136

Public Order Act 2009

(Act 15 of 2009)

Public Order (Composition of Offences) Regulations 2011

In exercise of the powers conferred by sections 41 and 47 of the Public Order Act 2009, the Minister for Home Affairs hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Public Order (Composition of Offences) Regulations 2011 and shall come into operation on 14th March 2011.

Compoundable offences

2. The following offences may be compounded by the Commissioner or any police officer authorised in writing by the Commissioner in accordance with section 41 of the Act:

(a)

any offence under section 16(1)(c) of the Act (other than by a repeat offender) for failing to comply with any condition of a permit for an election meeting specified in regulation 6 of the Public Order (Election Meetings) Regulations 2009 (G.N. No. S 486/2009) or any additional condition of such a permit imposed under section 8(2) of the Act in relation to an election meeting;

(b)

any offence under regulation 9(4), (6) or (7) or 10(3) of the Public Order (Election Meetings) Regulations 2009;

(c)

any offence under section 16(1)(a) of the Act (other than by a repeat offender) for organising any public assembly or public procession as follows, and in respect of which no permit has been granted under section 7 of the Act:

(i)

a public assembly on the day of nomination at an election under the Parliamentary Elections Act (Cap. 218), or on nomination day at an election under the Presidential Elections Act (Cap. 240A), around or within a place of nomination for any such election which would otherwise be exempt from the requirements of section 5(1)(a) of the Act but for non-compliance with any requirement specified in item 12, 13, 14 or 15 in the First Schedule to the Public Order (Exempt Assemblies and Processions) Order 2009 (G.N. No. S 489/2009), as the case may be; or

(ii)

a public procession on the day of nomination at an election under the Parliamentary Elections Act, or on nomination day at an election under the Presidential Elections Act, around a place of nomination for any such election, which would otherwise be exempt from the requirements of section 5(1)(a) of the Act but for non-compliance with any requirement specified in item 5 or 6 in the Second Schedule to the Public Order (Exempt Assemblies and Processions) Order 2009, as the case may be;

(d)

any offence under section 16(2)(a) of the Act (other than by a repeat offender) for taking part in any public assembly or public procession as follows, and in respect of which no permit has been granted under section 7 of the Act:

(i)

a public assembly on the day of nomination at an election under the Parliamentary Elections Act, or on nomination day at an election under the Presidential Elections Act, around or within a place of nomination for any such election which would otherwise be exempt from the requirements of section 5(1)(a) of the Act but for non-compliance with any requirement specified in item 12, 13, 14 or 15 in the First Schedule to the Public Order (Exempt Assemblies and Processions) Order 2009 (G.N. No. S 489/2009), as the case may be; or

(ii)

(e)

any offence under section 16(1)(c) or (2)(c) of the Act (other than by a repeat offender) for failing to comply with any condition or additional condition of a permit imposed under section 8(2) of the Act in relation to a public procession held during the election period (as defined by the Parliamentary Elections Act (Cap. 218)).

Meaning of “repeat offender”

3.—(1) In these Regulations, “repeat offender”, in relation to an offence referred to in regulation 2(a), (c), (d) or (e), means a person who has been convicted, or found guilty, on at least one other occasion within the relevant period —

(a)	the same offence referred to in regulation 2(a), (c), (d) or (e), as the case may be;
(b)	an offence under section 5(4) of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184) as in force immediately before 9th October 2009; or
(c)	an offence under any rules made under section 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act as in force immediately before 9th October 2009, in relation to any assembly or procession in any public road, public place or place of public resort held without a permit under those rules or in contravention of any term or condition of such a permit.

(2) For the purposes of paragraph (1), “relevant period” means a period of 5 years immediately before the date on which the Commissioner, or any police officer authorised in writing by the Commissioner, may, if not for these Regulations, offer composition for any such offence.

Revocation

4. The Public Order (Election Meetings — Composition of Offences) Regulations 2009 (G.N. No. S 488/2009) are revoked.

Made this 11th day of March 2011.

BENNY LIM

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA 44/5/004 TF1; AG/LLRD/SL/257A/2010/6 Vol. 1]

(To be presented to Parliament under section 47(4) of the Public Order Act 2009).

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