Singapore legislation

Clause 41

of Public Order and Safety (Special Powers) Bill

Clause 41

Carrying, etc., offensive weapon in target area

(1)

A person commits an offence if the person —

(a)

is carrying or has in the person’s possession or under the person’s control any offensive weapon, other than for a lawful purpose; and

(b)

is within the target area of a special authorisation.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to caning.

(3)

A person commits an offence if the person —

(a)

is carrying or has in the person’s possession or under the person’s control any offensive weapon; and

(b)

is found within the target area of a special authorisation in circumstances which raise a reasonable presumption that the offensive weapon is intended to be used for a purpose prejudicial to controlling public disorder or restoring or maintaining of public order.

(4)

A person who is guilty of an offence under subsection (3) shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to caning.

(5)

In proceedings for an offence under subsection (3), it is a defence if the accused proves on a balance of probabilities that the accused possessed the offensive weapon solely for a lawful purpose.

(6)

Where any offensive weapon is found in or on any premises, the occupier of the premises is taken to be in possession of the offensive weapon unless the occupier proves —

(a)

that some other person was in possession of the offensive weapon; or

(b)

that the occupier —

(i)

had no knowledge or reasonable means of knowledge that the offensive weapon was in or on the premises; and

(ii)

had taken all reasonable precautions against the offensive weapon being kept in or on the premises.

(7)

In any prosecution for an offence under subsection (3), it shall be presumed, until the contrary is proved, that any offensive weapon was intended to be used for a purpose prejudicial to controlling public disorder or restoring or maintaining public order if —

(a)

the quantity of offensive weapons found exceeded the quantity reasonably required to be kept by the accused for ordinary use in the accused’s household or establishment and (in the case of a person carrying on business) exceeded the quantity reasonably required to be kept in the ordinary course of such business; (b)the offensive weapons were kept concealed or in a place other than that in which they might reasonably be expected to be kept for domestic or, in the case of a person carrying on business, for business purposes; or

(c)

the offensive weapons were kept in containers other than containers of a kind in which such weapons are ordinarily kept for domestic or, in the case of a person carrying on business, for business purposes.