Singapore legislation

Article 151

of Constitution of the Republic of Singapore

Article 151

Restrictions on preventive detention

Amended by38/201928/2016

Quoted provision

Clause 1

Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention —

(a)

the authority on whose order any person is detained under that law or ordinance shall as soon as may be, inform him of the grounds for his detention and, subject to clause (3), the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be; and

(b)

no citizen of Singapore shall be detained under that law or ordinance for a period exceeding 3 months unless an advisory board constituted as mentioned in clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the President.

Quoted provision

Clause 2

Amended by38/2019

An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be appointed by the President and who shall be or have been, or be qualified to be, a Supreme Court Judge, and 2 other members, who shall be appointed by the President after consultation with the Chief Justice.

Quoted provision

Clause 3

This Article does not require any authority to disclose facts the disclosure of which would, in its opinion, be against the national interest.

Quoted provision

Clause 4

Amended by28/2016

Where an advisory board constituted for the purposes of this Article recommends the release of any person under any law or ordinance made or promulgated in pursuance of this Part, the person shall not be detained or further detained without the concurrence of the President, acting in his discretion, if the recommendations of the advisory board are not accepted by the authority on whose advice or order the person is detained.

Article 151 — Constitution of the Republic of Singapore