Singapore legislation
Section 39
Section 39
Powers of enforcement
(1)
In addition to the powers conferred on him or her by any written law specified in the Fifth Schedule, an officer or employee of the Authority may, on declaration of his or her office and production to the person against whom he or she is acting such identification card as the Chief Executive may direct to be carried by officers or employees of the Authority, in relation to any offence under any such written law —
exercise all the powers of a police officer under sections 81, 92, 93 and 127 of the Road Traffic Act 1961 and all the powers of a duly authorised police officer under section 94 of that Act, and any reference in those sections to a police officer or duly authorised police officer includes a reference to such officer or employee of the Authority;
require any person whom he or she reasonably believes to have committed an offence under any such written law to furnish evidence of the person’s identity;
if he or she is generally or specially authorised in writing by the Chief Executive, arrest without warrant any person found committing or whom he or she has reason to believe has committed an offence under any such written law, except as otherwise provided in paragraph (a);
for the purposes of any such written law, require any person to give any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from the book or document;
when conducting any investigation under such written law, require, by written order, the attendance before the officer or employee of any person being within the limits of Singapore who from the information given or otherwise appears to be acquainted with the circumstances of the case, and the person so ordered must attend as required; and
detain or seize any document found in the course of a search under this subsection.
(2)
The power of an officer or employee of the Authority to require a person to give any information or document under subsection (1)(d) includes the power —
to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the information or document;
if the information or document is not given, to require the person to state, to the best of the person’s knowledge and belief, where it is; and
if the information or document is recorded otherwise than in legible form, to require the information or document to be made available to the officer or employee of the Authority in legible form.
(3)
For the purposes of subsection (1), if any information or document required by an officer or employee of the Authority is kept in electronic form —
the power of the officer or employee to inspect the information or document includes the power —
to access any computer or other equipment (including a mobile telephone) in which the information or document is stored; and
to require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and
the power of the officer or employee to seize the information or document includes the power —
to make copies of the information or document in legible or electronic form; and
to transfer the content from the information or document to a disk, tape or other storage device.
(4)
If an officer or employee of the Authority is unable to make copies of the information or document, or transfer the content from the information or document, under subsection (3), the officer or employee may —
seize the computer or other equipment (including a mobile telephone) in which the information or document is stored, as evidence in proceedings for an offence under this Act or written law specified in the Fifth Schedule; and
require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the information or document held in the computer or equipment.
(5)
Where any person is arrested by an officer or employee of the Authority under subsection (1), the officer or employee must comply with sections 67 and 68 of the Criminal Procedure Code 2010 as if he or she were a police officer.
(6)
A person who —
refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Authority in the discharge of his or her duties;
wilfully misstates or without lawful excuse refuses to give any information, or without lawful excuse refuses to produce any book, document or copy thereof required of him or her by an officer or employee of the Authority under subsection (1); or
fails to comply with a lawful demand of an officer or employee of the Authority in the discharge of his or her duties,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.