No. S 617
Internal Security Act 1960
Internal Security
(Detained Persons)
(Amendment) Rules 2023
In exercise of the powers conferred by section 8(5) of the Internal Security Act 1960, the Minister for Home Affairs makes the following Rules:
Citation and commencement
1.—(1)  These Rules are the Internal Security (Detained Persons) (Amendment) Rules 2023 and, except for rule 32(e), come into operation on 8 September 2023.
(2)  Rule 32(e) is deemed to have come into operation on 31 December 2021.
Amendment of rule 2
2.  In the Internal Security (Detained Persons) Rules (R 1) (called in these Rules the principal Rules), in rule 2 —
(a)after the definition of “close relative”, insert —
“ “controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1973;”;
(b)after the definition of “detained person”, insert —
“ “hospital” means any premises used or intended to be used for the reception, lodging, treatment and care of persons who require medical treatment or suffer from any sickness, disease, injury or disability of mind or body;
“infectious disease” means any of the diseases specified in the First Schedule to the Infectious Diseases Act 1976 and includes any other disease —
(a)that is caused or is suspected to be caused by a micro‑organism or any agent of disease;
(b)that is capable or is suspected to be capable of transmission by any means to human beings; and
(c)that a medical officer for any place of detention has reason to believe, if left uninvestigated or unchecked, is likely to result in an epidemic of the disease;
“medical officer” means a medical officer appointed for a place of detention under rule 8;
“mental disorder” has the meaning given by section 2(1) of the Mental Health (Care and Treatment) Act 2008;”;
(c)replace the definitions of “officer” and “officer‑in‑charge” with —
“ “officer” means —
(a)any officer‑in‑charge;
(b)any Superintendent;
(c)any Deputy Superintendent;
(d)any police officer; or
(e)any person employed at or deployed to a place of detention to perform any of the following functions or duties:
(i)maintaining the safety or security of the place of detention, or the safety, security or discipline of any person in the place of detention;
(ii)ensuring the safe custody of any detained person in the place of detention;
(iii)the conducting of any investigation relating to —
(A)any incident or matter involving the safety or security of the place of detention, or the safety, security or discipline of any person in the place of detention; or
(B)any offence under the Act;
(iv)the rehabilitation of any detained person in the place of detention;
“officer‑in‑charge” means an officer‑in‑charge appointed under rule 6;”;
(d)after the definition of “place of detention”, insert —
“ “registered medical practitioner” means a person registered under the Medical Registration Act 1997;”;
(e)delete the definition of “subordinate officer”; and
(f)replace the definition of “Superintendent” with —
“ “Superintendent”, in relation to a place of detention, means the Superintendent of the place of detention appointed under rule 6.”.
Replacement of rule 3
3.  In the principal Rules, replace rule 3 with —
Administration of place of detention
3.  Subject to the directions of the Minister —
(a)the general charge and administration of a place of detention vests in the officer‑in‑charge of the place of detention; and
(b)the control of the officers employed at or deployed to a place of detention vests in the officer‑in‑charge of the place of detention, who may direct the deployment or transfer of any such officers within that place of detention, as the officer‑in‑charge thinks fit.”.
Replacement of rules 6 and 7
4.  In the principal Rules, replace rules 6 and 7 with —
Appointment of officers, etc.
6.—(1)  The Minister may appoint —
(a)any public officer as the officer‑in‑charge of a place of detention;
(b)any public officer as the Superintendent of a place of detention; and
(c)one or more public officers as Deputy Superintendents of a place of detention as the Minister thinks fit.
(2)  The officer-in-charge of a place of detention may issue and approve orders (called in these Rules standing orders) for the place of detention that are not inconsistent with these Rules.
Duties of Superintendent
7.—(1)  Subject to the orders of the officer‑in‑charge of a place of detention, it is the duty of the Superintendent of the place of detention to assist the officer‑in‑charge in the following matters:
(a)the supervision and administration of that place of detention;
(b)the conduct and treatment of the officers and detained persons under the Superintendent’s control;
(c)the due observance by officers and detained persons of the provisions of these Rules and of all written laws, standing orders, regulations and rules, relating to a detained person or place of detention.
(2)  If the Superintendent of a place of detention —
(a)is temporarily absent from duty or Singapore; or
(b)is, for any reason, unable to exercise his powers or perform his duties,
any Deputy Superintendent of the place of detention who is authorised by the officer‑in‑charge of the place of detention or the Superintendent, may exercise the powers or perform the duties, conferred or imposed on the Superintendent under these Rules.”.
Replacement of rule 8
5.  In the principal Rules, replace rule 8 with —
Appointment of medical officer
8.—(1)  The officer‑in‑charge of a place of detention must appoint at least one medical officer for the place of detention in accordance with this rule.
(2)  A medical officer appointed under paragraph (1) must be a registered medical practitioner.
(3)  The officer‑in‑charge of a place of detention may appoint any registered medical practitioner to act temporarily as a medical officer for the place of detention during any period, or during all periods, when a medical officer for that place of detention —
(a)is temporarily absent from duty or Singapore; or
(b)is, for any reason, unable to perform his functions or duties.”.
New rule 17A
6.  In the principal Rules, after rule 17, insert —
Use of force
17A.—(1)  An officer employed at or deployed to a place of detention may use force on a detained person in the place of detention if —
(a)the use of force is necessary —
(i)to prevent the escape of the detained person from detention; or
(ii)to ensure the safety or security of the place of detention or the safety of any person in the place of detention;
(b)the use of force complies with the standing orders or guidelines approved by the officer‑in‑charge of the place of detention; and
(c)the use of force does not exceed what is reasonably necessary in the circumstances.
(2)  Where force is used on a detained person in a place of detention —
(a)the detained person must, as soon as practicable, be brought to a medical officer for the place of detention or a registered medical practitioner —
(i)to be examined for injury; and
(ii)for any injury and other observations to be recorded; and
(b)a report of the matter must immediately be made to the officer‑in‑charge of the place of detention.”.
Amendment of rule 18
7.  In the principal Rules, in rule 18, replace “while acting as such shall have by virtue of his office” with “who uses weapons or force against any detained person in accordance with rule 17 or 17A, respectively, is deemed to have”.
Replacement of rules 22, 23 and 24
8.  In the principal Rules, replace rules 22, 23 and 24 with —
Records
22.  The Superintendent of a place of detention must keep records of all matters of importance relating to either or both of the following:
(a)the place of detention;
(b)detained persons committed to the Superintendent’s custody.
Detained person’s complaints, etc.
23.  The Superintendent of a place of detention must —
(a)ensure that —
(i)a detained person in the place of detention who has any complaint or application to make in relation to the place of detention or the treatment or safety of a detained person in the place of detention, is allowed to make the complaint or application; and
(ii)the instructions of a medical officer for the place of detention are carried into effect; and
(b)pay special attention to a detained person who is in hospital or undergoing punishment.
Meals
24.—(1)  The Superintendent of a place of detention must —
(a)visit (or ensure that at least one officer designated by the Superintendent visits) the detained persons in the place of detention at least once a week;
(b)investigate any complaints that are made by the detained persons in the place of detention regarding their food, and take immediate action to remedy any complaints that are found to be justified; and
(c)ensure that every detained person in the place of detention is provided with regular meals consisting of food that is adequate and of good and appropriate quality.
(2)  A medical officer for a place of detention may recommend, for medical reasons —
(a)a change in the diet of any detained person in the place of detention; or
(b)that an extra serving of food be given to any detained person in the place of detention,
and the Superintendent of the place of detention must ensure that the recommendation is carried out without delay.
(3)  Where, in the opinion of a medical officer for a place of detention, the refusal of a detained person in the place of detention to consume any food provided to the detained person is likely to endanger or seriously affect the detained person’s health —
(a)the medical officer must, without delay after forming the opinion, give a written notice to the Superintendent of the place of detention about the refusal; and
(b)if in the opinion of the medical officer it is necessary to remove the detained person for observation or treatment at a hospital, the Superintendent may direct that the detained person be removed to and kept at a hospital for observation or treatment.
(4)  The Superintendent of a place of detention must, without delay after receiving the written notice mentioned in paragraph (3)(a), inform the officer‑in‑charge of the place of detention about the refusal.
(5)  In this rule, “food” includes drink.”.
Replacement of rules 27 to 31
9.  In the principal Rules, replace rules 27 to 31 with —
Dangerous illness or death of detained person
27.—(1)  The Superintendent of a place of detention must, upon the dangerous illness or death of a detained person in the place of detention, give immediate notice of the illness or death of the detained person to the most accessible known relative of the detained person or of the deceased, as the case may be.
(2)  The Superintendent of a place of detention must, upon the death of a detained person in the place of detention —
(a)give immediate notice of the death of the detained person to a Magistrate or Coroner, as the case may be; and
(b)report the death to the officer-in-charge of the place of detention.
Mentally disordered detained persons
28.  The Superintendent of a place of detention must, without delay after becoming aware that any detained person in the place of detention is or appears to be mentally disordered (called in this rule a mental disorder case), inform the medical officer for the place of detention about the mental disorder case.
Visitors to view place of detention
29.—(1)  The Minister may permit a person who has good reasons, to view a place of detention at reasonable hours accompanied by an officer.
(2)  A visitor to a place of detention must give his name and address and sign his name in the visitors book and is liable to be searched by order of the Superintendent of the place of detention.
(3)  The Superintendent of a place of detention may remove from the place of detention any visitor to the place of detention whose conduct is improper.
Keeping books and records
30.  The Superintendent of a place of detention must keep or cause to be kept —
(a)an admission register containing a record of the following information of all detained persons committed to the place of detention:
(i)the date of commitment;
(ii)the date at which such detention will lapse;
(iii)the name, age, height, weight, particular marks and general appearance of the detained person;
(iv)any other particulars that the officer‑in‑charge of the place of detention may require;
(b)a detained person’s effects book or record in the approved form;
(c)a detained persons’ punishment book or record, in which the Superintendent must record the following:
(i)the name of every detained person in the place of detention who has been punished for an offence;
(ii)the punishment inflicted on the detained person;
(iii)the name of the officer ordering the punishment;
(iv)the certificate of the medical officer for the place of detention as to whether the detained person is physically fit to undergo the punishment ordered;
(v)the date on which the punishment is inflicted;
(d)an official visitors book;
(e)a list of books and documents committed to the Superintendent’s care; and
(f)such other books or records as the officer‑in‑charge of the place of detention may direct.
Petitions by detained persons
31.  When the Superintendent of a place of detention receives a petition from a detained person in the place of detention, the Superintendent must, without delay, submit the petition to the officer‑in‑charge of the place of detention, for transmission to the Minister.”.
Amendment of rule 32
10.  In the principal Rules, in rule 32(3), replace “A Superintendent shall” with “The Superintendent of a place of detention must”.
New rule 32A
11.  In the principal Rules, after rule 32, insert —
Detention clothes
32A.—(1)  The Superintendent of a place of detention must provide every detained person in the place of detention with detention clothes.
(2)  Every detained person must wear the detention clothes provided to the detained person under paragraph (1).”.
Replacement of rules 33 and 34
12.  In the principal Rules, replace rules 33 and 34 with —
Reports to officer-in-charge
33.  The Superintendent of a place of detention must report to the officer‑in‑charge of the place of detention all escapes, serious assaults, outbreaks of disease or any occurrences of an unusual or serious nature in the place of detention.
Action in case of emergency
34.  In cases of sudden emergency in a place of detention, the Superintendent of the place of detention must —
(a)take such action as may be necessary in the circumstances;
(b)enter the particulars of the emergency and the action taken in the records kept by the Superintendent; and
(c)promptly make a report of the emergency and the action taken to the officer‑in‑charge of the place of detention.”.
Replacement of rule 36
13.  In the principal Rules, replace rule 36 with —
Search of detained persons
36.—(1)  The Superintendent of a place of detention must ensure that —
(a)every detained person is strictly searched on admission to the place of detention; and
(b)all of the following things are taken from the detained person:
(i)any knife;
(ii)any weapon;
(iii)any instrument;
(iv)any money;
(v)any controlled drug;
(vi)anything that is —
(A)likely to facilitate escape;
(B)prohibited under these Rules; or
(C)objectionable in the Superintendent’s opinion.
(2)  The Superintendent may cause any dangerous or objectionable thing that is taken from a detained person to be destroyed.
(3)  A female detained person must not be searched except by a woman officer.”.
Amendment of rule 39
14.  In the principal Rules, in rule 39 —
(a)replace “employed in the place of detention” with “employed at or deployed to a place of detention”;
(b)replace “the public press” with “any person”; and
(c)after “communication by an officer”, insert “or a person (as the case may be)”.
Replacement of rule 50
15.  In the principal Rules, replace rule 50 with —
Discharge of detained persons
50.  The Superintendent of a place of detention is responsible for the due discharge of a detained person in the place of detention immediately upon the detained person becoming entitled to release.”.
Amendment of rule 52
16.  In the principal Rules, in rule 52, replace “The medical officer” with “A medical officer for a place of detention”.
Replacement of rules 53 to 59
17.  In the principal Rules, replace rules 53 to 59 with —
Medical examination of detained persons
53.  A medical officer for a place of detention must —
(a)before any punishment is carried out in respect of any detained person in the place of detention, examine the detained person and certify whether, in the medical officer’s opinion, the punishment can be carried out without causing serious injury to the detained person;
(b)before any detained person in the place of detention is discharged or transferred to any other place of detention, examine the detained person;
(c)visit any detained person in the place of detention who is sick; and
(d)see, at least once daily, any detained person who is sentenced to close confinement in the place of detention.
Case book and daily records
54.  A medical officer for a place of detention must —
(a)enter in a case book, which must be kept in the place of detention and accessible to the Superintendent of the place of detention, the following particulars in respect of each detained person in the place of detention who suffers from any sickness, disease, injury or disability of mind or body:
(i)the name of the detained person;
(ii)the sickness, disease, injury or disability, as the case may be;
(iii)the medical condition and treatment of the detained person; and
(b)keep daily records, containing the medical officer’s comments on the state of the place of detention and the medical condition of the detained persons in the place of detention.
Reports to Superintendent about mentally disordered detained persons
55.  A medical officer for a place of detention must, without delay after becoming aware that any detained person in the place of detention is or appears to be mentally disordered, give to the Superintendent of the place of detention a written report containing —
(a)the medical officer’s diagnosis; and
(b)the medical officer’s recommendations on treating the detained person.
Recommendations to Superintendent for discipline or treatment of detained persons
56.—(1)  A medical officer for a place of detention must give a written report to the Superintendent of the place of detention about the medical condition of any detained person in the place of detention to which, in the medical officer’s opinion, the Superintendent’s attention should be drawn.
(2)  A medical officer for a place of detention may recommend, for medical reasons —
(a)a change in the discipline or treatment of any detained person in the place of detention; or
(b)that additional articles be given to any detained person in the place of detention,
and the Superintendent of the place of detention must, so far as is practicable, ensure that the recommendation is carried out.
Detained persons unfit for detention
57.—(1)  Where, in the opinion of a medical officer for a place of detention —
(a)the life of any detained person in the place of detention would be endangered if the detained person remains in the place of detention;
(b)any detained person in the place of detention will not survive his detention; or
(c)any detained person in the place of detention is totally and permanently unfit to be detained in the place of detention,
the medical officer must give a written notice to the Superintendent of the place of detention containing the medical officer’s opinion and the medical grounds for the opinion.
(2)  The Superintendent of a place of detention must, without delay after receiving the written notice mentioned in paragraph (1), forward the written notice to the officer‑in‑charge of the place of detention.
Conditions in place of detention
58.—(1)  The Superintendent of a place of detention must —
(a)ensure that the place of detention is maintained in a clean and sanitary condition; and
(b)take appropriate measures to ensure the safety and health of the detained persons in the place of detention.
(2)  Every detained person must keep his cell clean.
Death of detained person
59.  A medical officer for a place of detention must, upon the death of a detained person in the place of detention (called in this rule the deceased), enter in the medical officer’s records —
(a)the time of the death;
(b)the cause of the death;
(c)in the case where the cause of the death is a sickness, a disease or an injury —
(i)the nature of the sickness, disease or injury;
(ii)the time when the sickness, disease or injury was first observed;
(iii)the time when the sickness, disease or injury was first reported to the medical officer; and
(iv)the time when the sickness, disease or injury assumed a dangerous character;
(d)an account of the deceased’s appearance after death;
(e)the results of any post-mortem examination carried out on the deceased; and
(f)any other remarks that, in the medical officer’s opinion, are necessary.”.
Replacement of rule 61
18.  In the principal Rules, replace rule 61 with —
Infectious diseases
61.—(1)  The officer-in-charge of a place of detention may, at any time, require any detained person in the place of detention to undergo a medical examination by a medical officer for the place of detention or a registered medical practitioner for the purposes of ascertaining whether the detained person is suffering from, or is a carrier of, any infectious disease.
(2)  Where a detained person refuses to undergo the medical examination mentioned in paragraph (1) or refuses to provide any sample necessary for the purposes of such an examination, the medical officer or registered medical practitioner (as the case may be) must, without delay, give to the Superintendent of the place of detention a written notification.
(3)  The Superintendent of a place of detention may, upon receiving a written notification mentioned in paragraph (2) in respect of a detained person in the place of detention, direct that the detained person be detained separately from any other detained persons until the detained person undergoes the medical examination mentioned in paragraph (1).
(4)  Where a medical officer for a place of detention ascertains that a detained person in the place of detention is (or is likely to be) suffering from, or is (or is likely to be) a carrier of, any infectious disease, the medical officer must without delay, give to the Superintendent of the place of detention a written report containing —
(a)the medical officer’s diagnosis; and
(b)the medical officer’s recommendations on —
(i)treating the detained person; and
(ii)preventing the spread (or possible spread) of the infectious disease to other persons.
(5)  The Superintendent of a place of detention may, upon receiving a written report mentioned in paragraph (4) in respect of a detained person in the place of detention, direct that —
(a)the detained person be detained separately from other detained persons;
(b)the detained person be removed from the place of detention to a hospital, or any place at which the detained person is required to undergo medical examination or medical treatment under section 8(1) of the Infectious Diseases Act 1976; and
(c)the detained person be detained separately under sub‑paragraph (a), or kept at the hospital or place mentioned in sub‑paragraph (b), until a medical officer for the place of detention or a registered medical practitioner of the hospital or place mentioned in sub‑paragraph (b) certifies that the detained person is free from infection or that the risk of spreading the infectious disease to other persons is eliminated.”.
Amendment of rule 63
19.  In the principal Rules, in rule 63 —
(a)in the rule heading, replace “detained persons of unsound mind” with “mentally disordered detained persons”;
(b)in paragraph (1), replace “a detained person appears to a medical officer” with “a detained person in a place of detention appears to a medical officer for the place of detention”;
(c)in paragraphs (1) and (2), replace “officer‑in‑charge” with “Superintendent of the place of detention”; and
(d)in paragraph (2), replace “is in the opinion of the medical officer in charge of such mental hospital no longer mentally disordered the medical officer” with “is, in the opinion of a registered medical practitioner of the mental hospital, no longer mentally disordered, the registered medical practitioner”.
Replacement of rule 64
20.  In the principal Rules, replace rule 64 with —
Serious illness of detained persons
64.  The Superintendent of a place of detention may direct that a detained person in the place of detention be removed from the place of detention to a hospital for medical treatment if —
(a)the detained person is seriously ill; and
(b)in the opinion of a medical officer for the place of detention, the place of detention does not have suitable medical facilities for the proper treatment of the detained person.”.
Amendment of rule 65
21.  In the principal Rules, in rule 65, replace “the medical officer in charge of any Government hospital” with “a registered medical practitioner of a hospital”.
Replacement of rule 75
22.  In the principal Rules, replace rule 75 with —
Medical examination before dietary punishment
75.  The Superintendent of a place of detention must, before carrying out a dietary punishment on a detained person in the place of detention —
(a)send the detained person to a medical officer for the place of detention for examination; and
(b)obtain a certificate from the medical officer stating that, in the medical officer’s opinion, the infliction of the dietary punishment will not be injurious to the health of the detained person.”.
Replacement of rule 78
23.  In the principal Rules, replace rule 78 with —
Detained persons in punishment cells
78.  A detained person who is sentenced to confinement in a punishment cell in a place of detention —
(a)is not entitled to receive any visitors or see any persons except with the permission of the Superintendent of the place of detention, other than —
(i)officers who are performing their functions and duties in relation to the detained person; and
(ii)a medical officer for the place of detention; and
(b)may only take outdoor exercise that a medical officer for the place of detention certifies as being absolutely necessary for the detained person’s health.”.
Amendment of rule 80
24.  In the principal Rules, in rule 80 —
(a)in paragraph (1), after “discipline of”, insert “the persons in”;
(b)in paragraph (1), after “Superintendent”, insert “of the place of detention”; and
(c)in paragraph (2), delete “subject to an appeal to the officer‑in‑charge,”.
Amendment of rule 81
25.  In the principal Rules, in rule 81 —
(a)in paragraph (1), after “discipline of”, insert “the persons in”;
(b)in paragraph (1), replace “the Superintendent may grant permission for other relatives or friends to visit the detained person” with “the Superintendent of a place of detention may grant permission for other relatives or friends to visit the detained person in the place of detention”;
(c)replace paragraph (2) with —
(2)  A detained person in a place of detention must not, except with the express permission of the Superintendent of the place of detention, receive more than one visit a week from the detained person’s close relatives.”;
(d)in paragraph (4), after “30 minutes”, insert “or any longer period that the Superintendent may allow”;
(e)in paragraph (6), replace “A Superintendent may remove from a” with “The Superintendent of a place of detention may remove from the”; and
(f)after paragraph (6), insert —
(7)  The Superintendent of a place of detention may prohibit (temporarily or otherwise) any visitor from visiting a detained person in the place of detention if —
(a)during any previous visit to the place of detention, the visitor —
(i)insulted, intimidated, threatened or harassed any officer at the place of detention; or
(ii)behaved in a manner that is improper or that caused nuisance or annoyance to any other visitors at the place of detention; or
(b)in the Superintendent’s opinion, such visits are (or are likely to be) prejudicial to —
(i)the national interest, public order or internal security of Singapore;
(ii)the safety or security of the place of detention, or the safety, security or discipline of any persons in the place of detention; or
(iii)the orderly management of the place of detention.”.
Amendment of rule 82
26.  In the principal Rules, in rule 82(1), replace “Every visitor to a detained person shall furnish the Superintendent” with “A visitor to a detained person in a place of detention must provide the Superintendent of the place of detention”.
Amendment of rule 83
27.  In the principal Rules, in rule 83(2) —
(a)replace “A Superintendent or an officer authorised by him” with “The Superintendent of a place of detention (or an officer authorised by the Superintendent)”; and
(b)after “detained person”, insert “in the place of detention”.
Amendment of rule 85
28.  In the principal Rules, in rule 85(4), after “Superintendent”, insert “of the place of detention”.
Replacement of rule 86
29.  In the principal Rules, replace rule 86 with —
Recreational and other programmes
86.—(1)  The Superintendent of a place of detention may, for the purpose of promoting the wellbeing of any detained persons in the place of detention, require the detained persons to participate in any recreational, vocational or other programmes that the Minister may determine.
(2)  The Superintendent of a place of detention may decide not to require any detained persons in the place of detention from participating in all or any of the programmes mentioned in paragraph (1).”.
Amendment of rule 87
30.  In the principal Rules, in rule 87, replace “Prisons Lock‑ups Regulations (Cap. 247, Rg 1)” with “Prisons (Police Lock‑ups) Regulations 2013 (G.N. No. S 684/2013)”.
Amendment of rule 88
31.  In the principal Rules, in rule 88(2)(d), replace “the maintenance of discipline and good order in such place” with “maintaining the safety or security of any such place, or the safety, security or discipline of any persons in any such place”.
Miscellaneous amendments
32.  In the principal Rules —
(a)delete rules 5, 9 to 13, 15, 16, 19, 20, 21, 25, 26, 35, 37, 38, 40 to 45, 47, 49, 60, 67, 69, 70 and 79;
(b)in rules 66 and 68, delete “Government”;
(c)in rules 71 and 72, replace “A Superintendent may punish any detained person” with “The Superintendent of a place of detention may punish any detained person in the place of detention”;
(d)in rules 71(b) and 72(b), delete “luxuries of any description,”;
(e)in rule 87, replace “(Cap. 247)” with “1933”; and
(f)delete the First and Second Schedules.
[G.N. No. S 464/2019]
Made on 6 September 2023.
PANG KIN KEONG
Permanent Secretary,
Ministry of Home Affairs,
Singapore.
[MHA178/1/04; AG/LEGIS/SL/143/2020/1 Vol. 1]