Essential (Detained Non-Citizens) Regulations

Emergency (Essential Powers) Act

(CHAPTER 90, Section 2)

Rg 12

G.N. No. S 230/1965

REVISED EDITION 1990

(25th March 1992)

[3rd June 1965]

Citation

1. These Regulations may be cited as the Essential (Detained Non-Citizens) Regulations.

Definitions

2. In these Regulations —

“advisory board” has the same meaning as in the Internal Security Act [Cap. 143];

“detained person” means a person who is detained in a place of detention in pursuance of an order under section 8(1)(a) or a direction under section 8(2) of the Internal Security Act;

“place of detention” means any place directed by the Minister under section 8(4) of the Internal Security Act to be a place in which any person may be detained.

Modification of section 11 of Cap. 143 in its application to non-citizens

3. Section 11 of the Internal Security Act shall have effect in relation to detained persons who are not citizens as if in subsections (1) and (2)(a) the words “to an advisory board” and in subsection 2 (b)(iii) the words “to the advisory board” were omitted.

Sections 12 and 13 and Cap. 143, R 2 not to apply to non-citizens

4. Sections 12 and 13 of the Act and the Internal Security (Detained Persons Advisory Board) Rules, shall not apply to detained persons who are not citizens.

Representations against detention order

5. Any detained person who is not a citizen may, within two months from the date of the order for his detention, make written representations to the Minister against the order, and the officer-in-charge of the place of detention shall forward any such representations to the Minister without unnecessary delay.

Minister may refer representations to advisory board

6.—(1) The Minister may refer any representations received by him under regulation 5 to an advisory board, which shall consider the representations and make recommendations thereon to the Minister.

(2) The advisory board may, by notice in writing to the officer-in-charge of the place of detention in which the person making the representations is detained, cause that person to be produced before it at a time and place specified in the notice, in order to afford him an opportunity of making his representations in person or, with the leave of the advisory board, by an advocate and solicitor.

(3) Any person removed from a place of detention under paragraph (2) shall, while outside the place of detention, be deemed to be in lawful custody for the purposes of the Penal Code [Cap. 224].

Minister's decision be final

7. The decision of the Minister in respect of any representations made to him under regulation 5 shall be final and shall not be called in question in any Court.

Burden of proof of citizenship

8. For the purposes of the Internal Security Act [Cap. 143] and of these Regulations, if any question arises as to whether a person is or is not a citizen, the burden of establishing to the satisfaction of the Minister that he is a citizen shall be upon the person claiming to be a citizen, and the decision of the Minister shall be final and shall not be called in question in any Court.

Non-citizens detained before 3rd June 1965

9. The provisions of these Regulations shall apply to detained persons in respect of whom orders of detention had been made before 3rd June 1965 and any written representations made before that date to an advisory board under section 11 of the Internal Security Act [Cap. 143,], and in accordance with the provisions of the Internal Security (Detained Persons Advisory Board) Rules [R 2], by any detained person who is not a citizen shall, if the person making them has not before that date appeared or been represented before an advisory board, be deemed to be representations made to the Minister under regulation 5 and the provisions of these Regulations shall apply thereto as if they had been in force on the date of the order of detention in respect of that person.

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