Singapore legislation

Clause 15

of Public Order and Safety (Special Powers) Bill

Clause 15

Who may exercise powers under special authorisation

(1)

A special power specified in a special authorisation may be exercised by any of the following who is granted the special authorisation:

(a)

a police officer when he or she is in uniform; (b)a police officer when not in uniform only after he or she produces a warrant identifying himself or herself as a police officer.

(2)

To avoid doubt, a police officer may exercise a special power specified in a special authorisation whether or not he or she has received a hardcopy of the special authorisation.

(3)

Subject to subsection (4), a special power specified in a special authorisation may also be exercised by —

(a)

any law enforcement officer acting on the direction and in aid of the police officer granted the special authorisation; or (b)an individual who is not a serviceman acting on the direction and in aid of the police officer granted the special authorisation (called in this Act a civilian assistant),and a reference in Part 4 or 5 to a police officer acting pursuant to a special authorisation includes such a law enforcement officer or a civilian assistant acting under the police officer’s direction.

(4)

This section —

(a)

only authorises a civilian assistant to exercise a special power specified in section 18, 19(1) or (2), 20(1) or (2), 24 or 27(1)(a) or (b) in aid of a police officer exercising that special power; and

(b)

does not authorise a civilian assistant to use lethal force when exercising any special power in aid of a police officer.

(5)

Despite sections 201E and 201F of the Singapore Armed Forces Act (Cap. 295), but subject to subsection (6), a special power specified in a special authorisation may also be exercised by any serviceman who is granted the special authorisation, and a reference in Part 4 or 5 or section 48 to a police officer acting pursuant to a special authorisation includes such a serviceman.

(6)

This Act does not authorise a serviceman to do any of the following:

(a)

exercise, pursuant to any special authorisation, a special power specified in —

(i)

section 17, 24, 29 or 35(4) or (5);

(ii)

section 19(1) before any police officer issues an order under that provision pursuant to that special authorisation; (iii)section 21(1) before any police officer issues a direction under that provision pursuant to that special authorisation; or

(iv)

section 22, 23 or 25 outside of a target area of that special authorisation; (b)exercise any special power after the order under section 201C of the Singapore Armed Forces Act and in accordance with which the serviceman is deployed for duty, ceases to be valid.

(7)

To avoid doubt, a serviceman may exercise a special power specified in a special authorisation (to the extent permitted under this section) whether or not he or she has received a hardcopy of the special authorisation.

(8)

An individual who is authorised under subsection (3)(a) or (b) to exercise a special power in aid of a police officer must obey all lawful directions (general or specific) of that police officer when exercising that power; but the individual —

(a)

does not cease to be acting on the direction of a police officer by reason only that that police officer is not present at all times when the individual exercises the special power; and

(b)

is not to be regarded as a member of the Police Force for the purposes of section 14 of the Government Proceedings Act (Cap. 121).