Singapore legislation
Clause 22
Clause 22
New Part XIIIA
The principal Act is amended by inserting, immediately after section 105, the following Part:“PART XIIIASERVICE OUTSIDE SINGAPOREMinister may send members of Force outside Singapore105A.—
Subject to subsections (3) and (7), the Minister may —
on a request in that behalf being made by, or with the consent of, a government of a territory outside Singapore;
on a request in that behalf being made by a United Nations agency; or
in connection with any agreement or arrangement with a government of a territory outside Singapore,order such number of members of the Force as to him seems expedient to proceed outside Singapore to carry out duties to respond to and deal with a civil defence emergency taking place in such territory.(2) In making an order under subsection (1), the Minister shall specify the purposes for which the members of the Force are to carry out duties outside Singapore or in any territory outside Singapore.(3) The Minister shall not make an order under subsection (1) unless he is satisfied that adequate provisions have been or will immediately be made in the territory outside Singapore for the proper carrying out of duties by members of the Force in that territory, which may include provisions —
that all members of the Force serving in that territory under the provisions of this Part shall remain under the orders of their own commanding officers; or
that all members of the Force serving in that territory under the provisions of this Part shall be conferred with the powers, duties and privileges of members of the equivalent civil defence force in that territory.(4) The Commissioner may issue directions of a routine nature for the deployment, command, control and information of members of the Force ordered under subsection (1) to proceed outside Singapore to carry out duties outside Singapore.(5) No direction under subsection (4) shall be inconsistent with subsection (3).(6) All members of the Force ordered under subsection (1) to proceed outside Singapore for service shall comply with every direction issued under subsection (4).(7) No auxiliary member shall be liable to serve or proceed on duty outside Singapore unless he first consents to such service.Members of Force serving outside Singapore to remain subject to this Act105B. Subject to section 105D, a member of the Force who is temporarily attached to the forces of another territory, or otherwise serving outside Singapore, pursuant to any order made under section 105A shall not cease to be subject to this Act by reason only of his being so temporarily attached, or being outside Singapore.Jurisdiction during overseas service105C.—
Section 105D shall apply to any act done or omitted to be done outside Singapore by any member of the Force while he is serving outside Singapore pursuant to any order made under section 105A.(2) For the purposes of this section, a person shall be deemed to be serving outside Singapore pursuant to an order made under section 105A from the time he leaves Singapore to undertake those duties until the time he returns to Singapore.Offences and misconduct during overseas service105D.—
If any member of the Force to whom this section applies does, or omits to do, any act outside Singapore (whether or not the act or omission concerned constitutes an offence under the laws in force in the territory where it took place) that if done or omitted to be done within Singapore would constitute an offence, that act or omission is deemed to have taken place within Singapore unless —
the person is subject to the criminal jurisdiction of the territory in which the act or omission took place; and
the authorities in that territory —
are not subject to any obligation to cede jurisdiction to the Singapore authorities in respect of that act or omission; and
are bringing criminal proceedings against the member of the Force in that territory.(2) No information shall be laid against any member of the Force over whom jurisdiction is claimed by virtue of subsection (1) without the consent of the Attorney-General.(3) If any member of the Force is alleged to have committed an offence in respect of which the laying of information requires the consent of the Attorney-General under subsection (2), the member concerned may be arrested and detained in custody or remanded in custody or on bail, even though the consent of the Attorney-General has not been obtained to the making of such complaint in respect of that offence, but no further proceedings shall be taken until that consent is obtained.(4) If any member of the Force to whom this section applies does, or omits to do, any act outside Singapore, and that act or omission would, if it occurred in Singapore, be a disciplinary offence for the purposes of this Act —
the person may be investigated and, if appropriate, proceeded against under this Act by way of disciplinary proceedings under Part VII and punished, in the same manner as if the act or omission had occurred in Singapore; and
for that purpose, this Act and the Civil Defence (Arrests, Searches, Investigation and Trial of Offences) Regulations (Rg 2) shall apply to him with any necessary modifications.”.