Singapore legislation
Clause 18
Clause 18
Repeal and re-enactment of section 19 and new sections 19A to 19H
Section 19 of the principal Act is repealed and the following sections substituted therefor:“Power to arrest without warrant19.—
Any police officer or employment agency inspector may arrest without warrant any person whom he reasonably believes to be carrying on an employment agency or performing any work or activity referred to in section 6(2) without a licence.(2) An employment agency inspector making an arrest without warrant shall, without unnecessary delay and subject to subsection (3), take or send the person arrested before a Magistrate’s Court.(3) No employment agency inspector shall detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and such period shall not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.(4) Any person who has been arrested by an employment agency inspector may be released on bail, or on his own bond.Arrest how made19A.—
In making an arrest, an employment agency inspector making the arrest shall touch or confine the body of the person to be arrested unless the person submits to arrest by word or action.(2) If the person forcibly resists or tries to evade arrest, the employment agency inspector may use all means necessary to effect the arrest.No unnecessary restraint19B.—
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.(2) An employment agency inspector may use handcuffs or any similar means of restraint on a person arrested to prevent him from —
inflicting any bodily injury to himself or others;
damaging any property;
creating any disturbance; or
escaping from custody.(3) The handcuffs or means of restraint shall not be used for the purpose of punishment.Search of persons arrested19C.—
When a person is arrested, the employment agency inspector making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the employment agency inspector has reason to believe were connected with the offence for which the person was being arrested.(2) Whenever it is necessary to cause a person to be searched, the search shall be made by an employment agency inspector of the same sex as the person, with strict regard to decency.Employment agency inspector to be armed19D. Every employment agency inspector shall be provided with such batons and accoutrements as may be necessary for the effective discharge of his duties.Power to seize offensive weapons19E. An employment agency inspector making any arrest may take from the person arrested any offensive weapons which he has about his person.Power on escape to pursue and arrest19F. If a person in lawful custody escapes or is rescued, the employment agency inspector from whose custody he escaped or was rescued may immediately pursue and arrest him in any place within Singapore and deal with that person as he might have done on the original arrest.Disposal of documents or articles19G.—
Any document or article produced, retained or requisitioned under section 18(1)(b), (c) or (g), 19C or 19E shall —
where the document or article is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010 (Act 15 of 2010); or
in any other case —
be returned to the owner; or
if the owner is not known, be reported to a Magistrate’s Court.(2) Where the report of any document or article produced, retained or requisitioned under section 18(1)(b), (c) or (g), 19C or 19E is made to a Magistrate’s Court under subsection (1)(b)(ii), the Magistrate’s Court may order the document or article —
to be forfeited; or
to be disposed of in such manner as the Magistrate’s Court thinks fit.(3) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.Complaint by employment agency inspector19H. For the purpose of section 151 of the Criminal Procedure Code 2010 (Act 15 of 2010) on receiving the complaint in writing and signed by any employment agency inspector, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of that Code.”.