Singapore legislation

Section 105D

of Civil Defence Act 1986

Section 105D

Offences and misconduct during overseas service

Amended by32/201032/201032/201032/2010

(1)

If any member of the Force to whom this section applies does, or omits to do, any act outside Singapore (whether or not the act or omission concerned constitutes an offence under the laws in force in the territory where it took place) that if done or omitted to be done within Singapore would constitute an offence, that act or omission is deemed to have taken place within Singapore unless —

(a)

the person is subject to the criminal jurisdiction of the territory in which the act or omission took place; and

(b)

the authorities in that territory —

(i)

are not subject to any obligation to cede jurisdiction to the Singapore authorities in respect of that act or omission; and

(ii)

are bringing criminal proceedings against the member of the Force in that territory.

Amended by32/2010

(2)

No information may be laid against any member of the Force over whom jurisdiction is claimed by virtue of subsection (1) without the Attorney‑General’s consent.

Amended by32/2010

(3)

If any member of the Force is alleged to have committed an offence in respect of which the laying of information requires the Attorney‑General’s consent under subsection (2), the member concerned may be arrested and detained in custody or remanded in custody or on bail, even though the Attorney‑General’s consent has not been obtained to the making of such complaint in respect of that offence, but no further proceedings may be taken until that consent is obtained.

Amended by32/2010

(4)

If any member of the Force to whom this section applies does, or omits to do, any act outside Singapore, and that act or omission would, if it occurred in Singapore, be a disciplinary offence for the purposes of this Act —

(a)

the person may be investigated and, if appropriate, proceeded against under this Act by way of disciplinary proceedings under Part 7 and punished, in the same manner as if the act or omission had occurred in Singapore; and

(b)

for that purpose, this Act and the Civil Defence (Arrests, Searches, Investigation and Trial of Offences) Regulations apply to the person with any necessary modifications.

Amended by32/2010