Singapore legislation
Clause 13
Clause 13
Special zone banning notice
(1)
Subject to subsections (2), (3) and (4), the Commissioner or an authorised officer may give —
an individual whom the Commissioner or authorised officer (as the case may be) suspects, on reasonable grounds, to be committing or have committed an offence under section 4 or 8 wholly or partly in a special zone; or
an individual whom the Commissioner or authorised officer (as the case may be) has reasonable cause to believe will conduct himself in a special zone in a manner that may increase the likelihood of, or prejudice the prevention of or preparedness against, any riot or other civil disturbance in the special zone or prejudice the recovery by the community in the special zone from the riot that occurred on 8th December 2013 or other riot or civil disturbance in the special zone,a written notice (referred to in this Act as a special zone banning notice) banning the individual, for a period specified in the notice, from the special zone or from all licensed premises in the special zone.
(2)
The period specified in a special zone banning notice must not exceed 30 days starting from the time the notice is given to the individual.
(3)
In determining whether a special zone banning notice in relation to a special zone should be given under this section to an individual referred to in subsection (1), the Commissioner or authorised officer concerned must have regard to each of the following:
whether the individual is likely to continue to commit an offence, or to commit a further offence, under section 4 or 8 in the special zone;
whether the giving of the special zone banning notice would be an effective and reasonable way of preventing the individual from continuing to commit an offence under section 4 or 8, or committing a further offence under section 4 or 8 in the special zone;
whether the continuation of the commission of an offence under section 4 or 8, or committing a further offence under section 4 or 8 in the special zone may involve or give rise to a risk of riot, civil disturbance or any other violence in the special zone;
whether the conduct in the special zone that the individual is reasonably suspected of may increase the likelihood of, or prejudice the prevention of or preparedness against, any riot or other civil disturbance in the special zone or prejudice the recovery by the community in the special zone from the riot that occurred on 8th December 2013 or other riot or civil disturbance in the special zone.
(4)
If the Commissioner or an authorised officer intends to give a special zone banning notice to an individual, the Commissioner or authorised officer does not need to first give the individual an opportunity to be heard.
(5)
Every special zone banning notice must contain all of the following particulars:
the name, residence and identification particulars of the individual to whom the notice applies;
the special zone to which it relates, the time when the notice is given to the individual and the specified period for which the notice applies;
whether the notice bans the individual from the special zone or only from licensed premises in the special zone;
whether the notice is absolute or with exceptions and if it is with exceptions, the details of the conditions or circumstances under which the individual may enter or remain in the special zone.
(6)
Notwithstanding anything in this Act or any special zone banning notice, a special zone banning notice for a special zone specified in the notice shall not operate to prevent the individual subject to the notice from entering or remaining in, or attempting to enter or remain in —
for a special zone banning notice that bans the individual from the special zone — the special zone or any licensed premises in the special zone for the purpose of the individual residing in or attending to the individual’s usual place of residence or work in the special zone;
for a special zone banning notice that bans the individual from all licensed premises in the special zone — any licensed premises in the special zone for the purpose of the individual residing in or attending to the individual’s usual place of residence or work in those licensed premises; or
for a special zone banning notice that is with exceptions — the special zone in accordance with all the conditions and circumstances specified in the notice for the individual to enter or remain in the special zone.
(7)
The Commissioner or an authorised officer may, on the written application of an individual who is subject to a special zone banning notice —
cancel the special zone banning notice; or
vary the exceptions in the special zone banning notice,where there are sufficient grounds for cancelling the notice or varying the exceptions, or it is otherwise appropriate to do so because of the individual’s special circumstances.
(8)
Any individual who is aggrieved by —
the decision of the Commissioner or an authorised officer under subsection (1) giving the individual a special zone banning notice; or
the decision of the Commissioner or an authorised officer under subsection (7) refusing to cancel a special zone banning notice or to vary the exceptions in the special zone banning notice,may, within 14 days after the notice of the decision is so given, appeal to the Minister in the prescribed manner; and the Minister’s decision on appeal shall be final.
(9)
The decision of the Commissioner or an authorised officer —
under subsection (1) giving the individual a special zone banning notice; or
under subsection (7) refusing to cancel a special zone banning notice or to vary the exceptions in the special zone banning notice,shall take effect notwithstanding that an appeal against that decision is made to the Minister under subsection (8).
(10)
The Minister may designate any Minister of State for his Ministry, or any Parliamentary Secretary to his Ministry, to hear, in his place, any appeal to him under subsection (8).
(11)
If an individual subject to a special zone banning notice, without reasonable excuse, does any one of the following in contravention of the special zone banning notice or any exceptions specified in the notice:
enters a special zone or licensed premises in a special zone;
remains in a special zone or licensed premises in a special zone;
attempts to enter or remain in a special zone or licensed premises in a special zone,that individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.