Civil Defence (Amendment) Bill

“auxiliary member” means any person who has been recruited to serve as a member of the Force on a part-time basis;

“civil defence” means the planning, organisation, co-ordination and implementation of measures, other than measures amounting to an actual combat, that are necessary or desirable for the safety of the public and are designed to guard against, prevent, reduce, or overcome the effects or possible effects of a national emergency or a civil defence emergency and includes the conducting of, and participation in, drills, exercises and training for such purposes;

“civil defence emergency” means any fire, explosion, earthquake, oil spill, eruption, flood, storm or other happening (whether or not attributable to an attack by an enemy or to any warlike act) that causes or may cause destruction of or damage to property or loss of life or injury or distress to persons or that in any way endangers the safety of the public in Singapore or in any part thereof;

“commanding officer” means —

“Commissioner” means the Commissioner of Civil Defence appointed under section 6;

“detention barracks” means any building or part of a building which is set apart by the Commissioner for those members who are serving sentences of detention;

“disciplinary officer” means a junior disciplinary officer or a senior disciplinary officer designated as such pursuant to the provisions of Part VII;

“Force” means the Singapore Civil Defence Force raised and maintained in accordance with the provisions of this Act;

“full-time service” has the same meaning as in the Enlistment Act (Cap. 229);

“Fund” means the Civil Defence Force Fund established under section 101;

“medical practitioner” includes a medical officer in the service of the Government;

“member” means an officer or a serviceman of the Force;

“national service” and “national serviceman” have the same meanings as in the Enlistment Act (Cap. 229);

“non-commissioned officer” means a member holding a rank not higher than the rank of warrant officer and not lower than the rank of lance-corporal;

“offence” means an offence punishable under any written law or a service offence;

“officer” means an officer of the rank of second lieutenant and above;

“person of a higher rank”, in relation to a member, includes any other member who, by virtue of his office or appointment, is entitled to exercise command over the first-mentioned member;

“police officer” means any member of the Singapore Police Force;

“proper authority” has the same meaning as in the Enlistment Act;

“provost officer” means —

“public officer” has the same meaning as in the Constitution of the Republic of Singapore;

“public authority” includes a body corporate constituted under any written law to perform certain functions or vested with certain powers;

“reserve service” has the same meaning as in the Enlistment Act;

“reservist” means a person liable to render reserve service under the Enlistment Act;

“regulations” means the regulations made under this Act;

“serviceman” means a member of the Force holding a rank not higher than the rank of a warrant officer and includes a recruit in the Force;

“service land” means land (including a building or other structure or part thereof) in the possession of or under the control of —

“service offence” means an offence punishable under any of the provisions of Part V;

“service property” means property used by, or in the possession or control of, —

“state of civil defence emergency” means a state of civil defence emergency declared under section 102;

“state of emergency” means the period when a Proclamation of Emergency issued by the President under Article 150 of the Constitution of the Republic of Singapore is in force.

A person who —

In this section, a reference to a person on guard duty includes a reference to a person who is —

A person who, while on guard duty or on watch, —

In this section, “a person on guard duty” shall have the same meaning as in section 26.

For the purposes of this section, a person shall be deemed to be drunk if, and only if, his faculties are, by reason of being under the influence of intoxicating liquor or a drug, so impaired that —

A person who does not comply with a lawful order that is applicable to him shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

In this section, “order” means —

A person who with a view to gain for himself or another or with intent to deceive another or cause loss to another —

For the purposes of this section, “service document” means —

A person who —

A person who, with intent to deceive, —

Where any person is under arrest or in custody for an alleged service offence, a person who does not take such action as is required of him by or under this Act —

Where a person in custody under this Act is entitled to be released, a person who does not take such action as is required of him by or under this Act to release, or to order the release of the first-mentioned person shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

A person who allows to escape or without authority releases a person who is delivered into his custody under this Act or whom it is his duty to guard shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

A person who facilitates the escape of a person who is in custody or confinement under this Act shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

A person who with intent to facilitate an escape from a place of confinement under this Act conveys anything into that place shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

A person who is absent without leave shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

For the purposes of this section, a person is absent without leave if he —

A person who with intent to render or keep himself unfit for service or duty —

A person who, with intent to avoid service or duty, falsely represents himself to be suffering from a sickness or disability shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or any other punishment authorised by this Act.

A person who —

For the purposes of this section, a person shall be deemed to be drunk if, and only if, his faculties are, by reason of being under the influence of intoxicating liquor or a drug, so impaired that —

A person who, with intent to commit an offence under this Part, by act or omission behaves in a manner that is, or that he believes to be, a substantial step towards the commission of the offence shall be deemed, for the purpose of this section, to have attempted to commit the offence.

A person who attempts to commit a service offence under any of the provisions of this Part shall be liable on conviction to the like punishment for that offence.

A person charged with attempting to commit a service offence may be convicted of the attempt even though the evidence in the proceedings proves that the person committed the offence.

Where an attempt to commit a service offence is voluntarily abandoned, the fact and circumstances of that abandonment shall be taken into consideration in mitigation of any punishment to be imposed in respect of the attempt.

Where it is expedient that the Minister, or such other person as the Minister may appoint to exercise the powers conferred upon the Minister by this Part, should be informed on any matter connected with the government, discipline, administration or functions of the Force or affecting any person subject to this Act, the Minister or the person appointed by the Minister as aforesaid may convene a board of inquiry.

A board of inquiry shall inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter.

The Minister may, where a board of inquiry has found that any wrongful or negligent act or omission of a member has caused or will cause the Government to suffer any loss or to incur any liability arising from the negligent act or omission of the member, order the member (whether or not he is still a member when the order is made) to pay such sum as the Minister may determine as contribution to the Government for the loss or liability and the Minister may write off the value of any loss which remains irrecoverable or unrecovered.

The Minister may exercise the powers conferred by this section notwithstanding that any other person has been appointed under subsection (1).

In this Part, “Minister” shall include the person appointed by the Minister under subsection (1) to act on his behalf for the purposes of this Part.

A board of inquiry shall consist of one or more persons who shall be appointed by the Minister.

Where a board of inquiry consists of more than one person, the Minister shall appoint one of the members to be the chairman.

Where a board of inquiry consists of one member only, he shall be vested with the powers of chairman.

Members of a board of inquiry need not necessarily be members of the Force.

Every person required to give evidence before a board of inquiry may be summoned or ordered to attend the proceedings of the board.

Every person attending in pursuance of such summons or order as a witness before any board shall, during his necessary attendance at such inquiry and in going to and returning from the same, have the same privilege from arrest as he would have if he were a witness before a civil court.

Where any person who is not subject to this Act —

Where a person not subject to this Act when examined on oath or on affirmation before a board of inquiry wilfully gives false evidence, he shall be guilty of an offence and shall be liable on conviction before a competent court to be punished for the offence of giving false evidence in a judicial proceeding.

Where a person not subject to this Act is guilty of any contempt towards a board of inquiry, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings or by printing observations or using words calculated to influence the members of or witnesses before such board, or to bring such board into disrepute, the chairman may certify the offence of such person under his hand to a Magistrate’s Court and the Court may thereupon inquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish or take steps for the punishment of such person in the like manner as if he had been guilty of contempt of that Court.

Where it appears to a board of inquiry that any person subject to this Act may be adversely affected by its findings, it shall notify him thereof and give him an opportunity to be present at the sittings of the board of inquiry or at such part thereof as the chairman may specify.

Any such person as referred to in subsection (1) shall be allowed to give evidence and examine witnesses.

The chairman shall record or cause to be recorded in writing the proceedings of the board of inquiry.

The evidence of each witness before the board of inquiry shall be read over to him and shall be signed by him.

A record of the proceedings shall be signed by the chairman and members, if any, and forwarded to the Minister.

The functions of the Force are —

Without limiting the generality of subsection (1), the Force may exercise and perform all the following functions and duties:

The Force shall consist of such units, corps or divisions as are from time to time organised by or under the authority of the Minister.

The Minister may disband any unit, corps or division constituted under subsection (1) in whole or in part or amalgamate any unit, corps or division with any other unit, corps or division.

The Force shall consist of —

The Minister may appoint a Commissioner of Civil Defence who shall —

The Minister may appoint such number of Deputy Commissioners and Assistant Commissioners of Civil Defence as he thinks fit.

The Deputy Commissioners and the Assistant Commissioners of Civil Defence shall have and may exercise all the powers conferred on the Commissioner by or under this Act, subject to such limitations as the Commissioner may see fit to impose.

The Minister may appoint and enlist such number of officers and servicemen for the Force as he thinks fit.

The Commissioner may in accordance with such conditions and subject to such qualifications or requirements as are prescribed or provided for by the regulations recruit persons to serve in the auxiliary units of the Force on a part-time basis and confer any rank on any such auxiliary member.

Auxiliary members shall not be bound to serve continuously but shall be bound to render service for such periods as are prescribed by the regulations.

Auxiliary members of the Force may be paid allowances for their services.

The Commissioner may at any time dismiss an auxiliary member from the Force without assigning any reason.

The Public Service Commission shall continue to have control over the confirmation, emplacement on the permanent or pensionable establishment, promotion, transfer, dismissal and exercise of disciplinary control over public officers who are posted to serve in the Force.

A public officer who is posted to the Force as an officer or a serviceman may resign from the Force by giving the notice of termination of service prescribed by the terms and conditions of his appointment as a public officer.

A person on whom a notice under section 10 of the Enlistment Act (Cap. 229) has been served requiring him to report for enlistment in the Force shall, as from the time when he reports for enlistment for national service, be deemed to have been enlisted in the Force.

A person enlisted for national service pursuant to the provisions of the Enlistment Act shall, from such time as the proper authority transfers him to the service of the Force, be deemed to have been enlisted in the Force.

National servicemen who are enlisted in the Force shall render —

Every member who, by resignation, dismissal, discharge or otherwise, leaves the Force shall before leaving deliver up in good order (fair wear and tear excepted) any accoutrement, uniform or other article supplied to him and any other property belonging to the Government which may be in his possession.

Any person neglecting so to deliver up any such article or property shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months, and in addition thereto shall be liable to pay the value of the article or property not delivered up, which value shall be ascertained in a summary manner by the same court before which the person was convicted.

The following members shall be persons subject to this Act at all times:

National servicemen enlisted in the Force as either officers or servicemen who are rendering reserve service shall be subject to this Act while on duty, in uniform or while under arrest, in custody or undergoing punishment or detention in accordance with the provisions of this Act.

Auxiliary members shall be subject to this Act while on duty, in uniform or while under arrest, in custody or undergoing punishment or detention in accordance with the provisions of this Act.

For the purposes of subsection (2), a member shall be deemed to be on duty —

For the purposes of subsection (3), an auxiliary member shall be deemed to be on duty while acting or purporting to act in or with intended reference to his capacity as a member of the Force.

Any person subject to this Act who is alleged to have committed a service offence may be charged, dealt with and tried by a court or may be dealt with by a disciplinary officer under the provisions of this Act and shall, if found guilty of the service offence by a court or by a disciplinary officer in accordance with the provisions of this Act, be liable to be punished or dealt with in accordance with the provisions of this Act.

Where a charge against a person for a service offence is dealt with by a disciplinary officer, a reference in any provision of this Act to a conviction shall be construed as a reference to a finding of guilt made by a disciplinary officer.

Subject to section 19, where a service offence under this Act has been committed, or is reasonably suspected of having been committed, by any person while subject to this Act, then in relation to that service offence he shall be treated, for the purposes of this Act relating to arrest, keeping in custody, investigation of charges, trial and punishment by a disciplinary officer including review and execution of sentences as continuing to be subject to this Act notwithstanding his ceasing at any time to be subject thereto.

Where, while a person is in service custody by virtue of this section (whether before, during or after trial) he commits, or is reasonably suspected of having committed, an offence which if he were subject to this Act would be a service offence, then in relation to that offence or suspected offence he shall be treated, for the purposes of this Act mentioned in subsection (1) and the provisions thereof as to the dealing with charges by a disciplinary officer, as having been subject to this Act when the offence was committed or is suspected of having been committed and as continuing to be subject to this Act thereafter.

Where by virtue of subsection (1) or (2) a person is treated as being at any time subject to this Act for the purpose of any provision of this Act, that provision shall apply to him —

Where apart from this subsection any provision of this Act would under subsection (3) apply to a person, in relation to different service offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.

Subject to subsection (2) and except in respect of the service offences mentioned in subsection (3), no person shall be liable to be tried by a disciplinary officer unless his trial begins before the expiration of a period of 6 months from the day upon which the service offence was alleged to have been committed.

A person may be tried by a disciplinary officer within 3 years of the date of commission of the offence if he is a reservist.

Every person who is subject to this Act at the time of the alleged commission by him of a service offence of desertion or absence without leave shall continue to be liable to be charged, dealt with and tried at any time under this Act.

In calculating the period of limitation referred to in subsection (1), there shall not be included —

Nothing in this section shall affect the jurisdiction of a court to try any person for any service offence committed by him.

Nothing in this Act shall affect the jurisdiction of any court to try a person for any offence under any other written law triable by the court where the act or omission of that person also constitutes a service offence.

Where a person subject to this Act has been charged with a service offence and has had the charge dealt with by a disciplinary officer, a court shall be debarred from trying him subsequently for an offence substantially the same as that offence; but except as aforesaid nothing in this Act shall be construed as restricting the jurisdiction of any court to try a person subject to this Act for an offence.

For the purposes of this section, a case shall be deemed to have been dealt with by a disciplinary officer notwithstanding that the finding of that officer has been quashed, or the award of that officer quashed or varied, on the review thereof.

A person subject to this Act shall not be tried by a court for any service offence unless the Public Prosecutor has given his consent for the trial.

A member may, without warrant, arrest a person over whom he has a power of arrest if —

For the purposes of this section —

A power of arrest under this section may be exercised personally or by giving an order for the arrest of the person concerned, and it is the duty of the member to whom such an order is given to carry out the order.

A commanding officer, an officer superior in command to that officer or an officer authorised by the regulations may issue a warrant for the arrest of a person subject to this Act where that person is not present and the issuing officer has reasonable grounds for suspecting that that person —

A police officer or a member may, in execution of a warrant issued in accordance with subsection (1), arrest the person for whose arrest the warrant has been issued.

When a member exercises his power of arrest or receives a person into service custody, he shall as soon as practicable having regard to the circumstances of the arrest cause the person arrested to be transferred to the custody of a commanding officer.

Where a person arrested has come into the custody of a commanding officer, that commanding officer shall release the person arrested as soon as his continued custody, for one of the reasons specified in paragraph (b) of section 57(1), is no longer necessary and may impose such restrictions as are permitted by section 64.

When a person arrested is not released in accordance with subsection (2), the commanding officer into whose custody the person arrested has been transferred in accordance with subsection (1) shall, within 24 hours of receiving the person into custody, cause him to be given a copy of the charge on which he is being held.

Within 48 hours of a person arrested being received into custody of a commanding officer, the commanding officer is to cause proceedings to be commenced for the hearing and determination of the charge or report his reasons for not so doing to the appropriate authority.

Where a person who has been charged with an offence remains in custody for a period exceeding 4 days without the charge having been disposed of or tried by a disciplinary officer, the commanding officer shall make a report in writing to the appropriate authority stating the reasons for the delay.