Singapore legislation

Section 29

of Public Order and Safety (Special Powers) Act 2018

Section 29

Power to control individuals temporarily

(1)

Where the Commissioner is of the opinion —

(a)

that an individual has been recently concerned in acts (whether in or outside of a target area of a special authorisation) —

(i)

involving or likely to cause or provoke a breach of the peace in the target area of the special authorisation;

(ii)

likely to hinder the exercise of special powers under a special authorisation in the target area of the special authorisation; or

(iii)

in the preparation or instigation of acts mentioned in sub‑paragraph (i) or (ii); or

(b)

that, by reason of the individual’s associations with any persons concerned in any acts mentioned in paragraph (a)(i), (ii) or (iii) or by reason of the individual’s words or conduct, the individual is likely to be concerned in such acts,and that it is necessary to exercise temporary control over such an individual when the special authorisation is in effect, the Commissioner may make a temporary restraining order against the individual.

(2)

A temporary restraining order against an individual and any variation of it —

(a)

must be in writing and given to the individual concerned; and

(b)

takes effect when the order or variation of it is given to that individual, except as otherwise provided in section 49.

(3)

A temporary restraining order against an individual which is made when a special authorisation is in effect —

(a)

may be revoked or varied at any time by the Commissioner in writing; and

(b)

lapses when the special authorisation expires,and the Commissioner must give notice, or cause the giving of notice, of the revocation, variation or lapse in the same manner in which the temporary restraining order was first given to the individual concerned.

(4)

A temporary restraining order against an individual which is made when a special authorisation is in effect may require the individual to do all or any of the following:

(a)

not to enter the target area of the special authorisation;

(b)

to immediately leave the target area of the special authorisation;

(c)

to stay at or in (during such times specified in the order) a particular premises in or outside of the target area and to leave the premises only with a police officer’s permission;

(d)

to notify a police officer at the place and in the manner specified in the order of the individual’s place of residence and any change to it;

(e)

to report to a police officer at the times and dates and in the manner specified in the order;

(f)

to enter into a bond for such amount with such sureties as may be specified for the individual’s good behaviour or for due compliance with the requirements of the order.

(5)

An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with any requirement of a temporary restraining order.

(6)

An individual who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

(7)

To avoid doubt, it is not necessary for the Commissioner to give any person who may be affected by a temporary restraining order, or a variation of such an order, a chance to be heard before the order or variation is made.

Section 29 — Public Order and Safety (Special Powers) Act 2018