Singapore legislation

Section 35

of Public Order and Safety (Special Powers) Act 2018

Section 35

Powers of requisition

(1)

Subject to subsections (2) and (8), the Commissioner may, at any time after granting a special authorisation and during the period the special authorisation has effect, by requisition order —

(a)

authorise any police officer given the requisition order to do one or both of the following:

(i)

to take possession of any land or premises in the target area of the special authorisation;

(ii)

to requisition any movable property in the target area of the special authorisation; and

(b)

give such directions to the police officer as appear to the Commissioner to be necessary or expedient for the taking and maintaining possession of the land or premises or the requisitioning of the movable property (as the case may be) for the purpose of the exercise by the police officer of any special power.

(2)

The Commissioner may make a requisition order only —

(a)

during the period a special authorisation (which is granted in relation to a serious incident or threatened serious incident) is in effect; and

(b)

if, in the Commissioner’s opinion, a requisition order is necessary to substantially assist in —

(i)

the exercise of any special power in the target area of the special authorisation;

(ii)

preventing the occurrence of the serious incident;

(iii)

reducing the impact of the serious incident, or the threatened serious incident, on the health or safety of the public or on property in the target area; or

(iv)

controlling public disorder or restoring or maintaining public order in the target area.

(3)

A requisition order —

(a)

may be revoked at any time by the Commissioner; and

(b)

ceases to have effect when the special authorisation which the order was made in relation to ceases to have effect.

(4)

A police officer may, pursuant to a requisition order, take such steps and use such force as appears to the police officer to be reasonably necessary for securing compliance with the order and any direction given under subsection (1).

(5)

Without limiting subsection (4), a police officer may, pursuant to a requisition order, do all or any of the following:

(a)

break open, enter forcibly and remain on any land or premises the taking of possession of which has been authorised under the requisition order;

(b)

evict forcibly from that land or premises mentioned in paragraph (a) any individual that the Commissioner specifies in the requisition order;

(c)

use any equipment, electricity, water or other utilities on the land or premises, for the purpose of the exercise by the police officer of any other special power;

(d)

require any movable property requisitioned, or any space or accommodation in any land or premises mentioned in paragraph (a), to be placed at the officer’s disposal;

(e)

prohibit the disposal by a person given the requisition order of any movable property requisitioned under the requisition order.

(6)

A person commits an offence if the person —

(a)

intentionally in any way obstructs or hinders a police officer in the exercise of any power or execution of the duty under subsection (4) or (5)(a), (b) or (c); or

(b)

without reasonable excuse, refuses or fails to comply with a requirement or prohibition under subsection (5)(d) or (e).

(7)

A person who is guilty of an offence under subsection (6) 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.

(8)

However, this section does not authorise the making of a requisition order in respect of any of the following without the prior approval of the Minister:

(a)

any vessel of more than 100 tons gross tonnage;

(b)

any aircraft which is not an unmanned aircraft;

(c)

any rolling stock of a railway administration within the meaning of the Railways Act 1905.

Read in full context — Public Order and Safety (Special Powers) Act 2018 →