Singapore legislation

Section 2

of Emergency (Essential Powers) Act

Section 2

Essential regulations

(1)

Subject to this section, the President may make any regulations (referred to in this Act as essential regulations) which he considers desirable or expedient for securing the public safety, the defence of Singapore, the maintenance of public order and of supplies and services essential to the life of the community.

(2)

Without prejudice to the generality of the powers conferred by subsection (1), essential regulations may, so far as appear to the President to be necessary or expedient for any of the purposes mentioned in that subsection —

(a)

make provision for the apprehension, trial and punishment of persons offending against the regulations, and for detention of persons whose detention appears to the Minister for Defence to be expedient in the interests of the public safety or the defence of Singapore;

(b)

create offences and prescribe penalties (including the death penalty) which may be imposed for any offence against any written law (including regulations made under this Act);

(c)

provide for the trial by such courts as may be specified in the regulations of persons guilty of any offence under the regulations;

(d)

make special provisions in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and of the law regulating evidence, proof and civil and criminal liability;

(e)

make provision for directing and regulating the performance of services by any persons;

(f)

authorise —

(i)

the taking of possession or control, on behalf of the Government, of any property or undertaking;

(ii)

the acquisition, on behalf of the Government, of any property other than land;

(g)

authorise the entering and search of any premises;

(h)

prescribe fees or other payments;

(i)

provide for amending any written law, for suspending the operation of any written law and for applying any written law with or without modification; and

(j)

provide for any other matter in respect of which it is in the opinion of the President desirable in the public interest that regulations should be made.

(3)

Essential regulations may provide for empowering such authorities, persons or classes of persons as may be specified in the regulations to make orders, rules and by-laws for any of the purposes for which such regulations are authorised by this Act to be made, and may contain such incidental and supplementary provisions as appear to the President to be necessary or expedient for the purposes of the regulations.

(4)

An essential regulation, and any order, rule or by-law duly made in pursuance of such a regulation, shall have effect notwithstanding anything inconsistent therewith contained in any written law other than this Act or in any instrument having effect by virtue of any written law other than this Act.