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Law Enforcement and Other Matters Bill

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Type
Bill
Status
In force
Enacted
2024
Sections
15

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About this bill

Law Enforcement and Other Matters Bill is Singapore Bill, cited as Bill 14 2024, currently marked in force and first recorded in 2024.

Part 1

AMENDMENT OF MISCELLANEOUS OFFENCES(PUBLIC ORDER AND NUISANCE) ACT 1906

Clause 2

Amendment of section 14D

Open as pageSuggest a correction

In the Miscellaneous Offences (Public Order and Nuisance) Act 1906, in section 14D, after subsection (1), insert —“(1A) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the transmission of the message has a legitimate purpose related to public order, public safety or national security, or the prevention, investigation or prosecution of offences.IllustrationAs part of a campaign to raise public awareness against phishing scams, a government agency sends an email to various members of the public which contains a false message that entices its recipient to click on a link which would purportedly give free shopping vouchers. The link leads to a pop-up message informing the recipient that the message was a simulated phishing attempt, and had it been genuine, the recipient could have activated malware to allow a fraudster to steal money from his or her online account. The sending of the false message has a legitimate purpose related to the prevention of offences.”.

Clause 3

New Part 6A

Open as pageSuggest a correction

In the Miscellaneous Offences (Public Order and Nuisance) Act 1906, after Part 6, insert —“PART 6AOFFENCES RELATING TO MISUSE OF SIM CARDSInterpretation of this Part39A.—

(1)

In this Part —“compromised SIM card” means a SIM card that has been used either —

(a)

to commit, or to facilitate the commission of, a criminal offence; or

(b)

to cause, or to facilitate the causing of, wrongful gain or wrongful loss to any person;“personal information” means any information, whether true or not, about a person of a type that is commonly used alone or in combination with other information to identify or purport to identify a person, including (but not limited to) biometric data, name, address, date of birth, unique identification number, a written, electronic or digital signature, user authentication code, credit card or debit card number, and password;“retailer” means a person who, in the course of trade or business, provides the service of registering SIM cards for consumers;“SIM card” means a prepaid or postpaid subscriber identification module (SIM) card (whether in physical or digital form) issued with a Singapore telephone number, but does not include a SIM card that is expired or that has been terminated;“telecommunication licensee” has the meaning given by section 2 of the Telecommunications Act 1999;“unique identification number” means —

(a)

in relation to an individual — an identity card number, passport number or the number of any other similar document of identity issued by a government authority as evidence of the individual’s nationality or place of residence, and includes a foreign identification number; and

(b)

in relation to an entity —

(i)

if incorporated or registered in Singapore, its Unique Entity Number (UEN); or

(ii)

if not incorporated or registered in Singapore, its foreign incorporation or registration number;“unregistered SIM card” means a SIM card that has not been registered with a telecommunication licensee using a person’s personal information.(2) In this Part, a reference to a person doing an act for any gain is a reference to the person doing the act for any gain —

(a)

whether or not the gain is a wrongful gain;

(b)

whether or not the gain is realised; and

(c)

whether the gain is to that person or to another person.(3) For the purposes of this Part —

(a)

a reference to a person (A) buying, renting, borrowing or receiving a SIM card from another person (B) includes a reference to A buying, renting, borrowing or receiving from B —

(i)

a mobile telephone or any other device containing the SIM card; or

(ii)

a means (such as an application, a code or a link) through which the SIM card in digital form can be downloaded; and

(b)

a reference to A providing, selling, renting, lending or supplying a SIM card to B includes a reference to A providing, selling, renting, lending or supplying to B —

(i)

a mobile telephone or any other device containing the SIM card; or

(ii)

a means (such as an application, a code or a link) through which the SIM card in digital form can be downloaded.IllustrationA registers for an eSIM using A’s personal information, and obtains a QR code which A can use to download the eSIM onto A’s phone. A provides the QR code to B for B to download the eSIM onto B’s phone. A has provided the eSIM to B.Unlawful provision of SIM card registered using person’s personal information39B.—

(1)

A person shall be guilty of an offence if the person —

(a)

provides, or offers to provide, a SIM card registered using the person’s personal information to another person; and

(b)

does so knowing, or having reasonable grounds to believe, that the provision of the SIM card is for any person —

(i)

to commit, or to facilitate the commission by any person of, any offence under any written law; or

(ii)

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.(2) In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the purpose of the provision of the SIM card is for a person to commit, or to facilitate the commission by a person of, an offence under any written law, if —

(a)

A does the act for any gain; or

(b)

at the time A does the act, A fails to take reasonable steps to ascertain —

(i)

the identity and physical location of the person to whom the SIM card is provided; or

(ii)

the purpose for which the person obtains the SIM card from A.(3) For the purpose of proving a person’s state of mind under subsection (1)(b), it is not necessary for the prosecution to prove that the SIM card was used to commit, or to facilitate the commission of, a specific offence.(4) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b)

in any other case, to a fine not exceeding $20,000.Unlawful provision, etc., of person’s personal information for purpose of registering SIM card39C.—

(1)

A person shall be guilty of an offence if —

(a)

the person —

(i)

provides, or offers to provide, the person’s personal information to be used by another person; or

(ii)

consents to, or offers to consent to, the person’s personal information being used by another person; and

(b)

the person does so knowing, or having reasonable grounds to believe —

(i)

that the person’s personal information will be used to register a SIM card; and

(ii)

that the SIM card will be used —

(A)

to commit, or to facilitate the commission by any person of, any offence under any written law; or

(B)

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.(2) In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(ii)(A), a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the SIM card will be used to commit, or to facilitate the commission by a person of, an offence under any written law, if —

(a)

A does the act for any gain; or

(b)

at the time A does the act, A fails to take reasonable steps to ascertain —

(i)

the identity and physical location of the person who uses A’s personal information to register the SIM card; or

(ii)

the purpose for which the person uses A’s personal information to register the SIM card.(3) For the purpose of proving a person’s state of mind under subsection (1)(b), it is not necessary for the prosecution to prove that the SIM card was used to commit, or to facilitate the commission of, a specific offence.(4) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b)

in any other case, to a fine not exceeding $20,000.Transacting of SIM card registered using another person’s personal information for criminal activity39D.—

(1)

A person shall be guilty of an offence if —

(a)

the person buys, rents, borrows or otherwise receives, or offers to buy, rent, borrow or otherwise receive —

(i)

a SIM card registered using another person’s personal information; or

(ii)

an unregistered SIM card; and

(b)

the person does so intending to use the SIM card, or to supply the SIM card to any other person —

(i)

to commit, or to facilitate the commission by any person of, any offence under any written law; or

(ii)

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.(2) A person shall be guilty of an offence if —

(a)

the person sells, rents, lends or otherwise supplies, or offers to sell, rent, lend or otherwise supply, to another person —

(i)

a SIM card registered using any other person’s personal information; or

(ii)

an unregistered SIM card; and

(b)

the person does so knowing, or having reasonable grounds to believe, that the SIM card will be used —

(i)

to commit, or to facilitate the commission by any person of, any offence under any written law; or

(ii)

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.(3) In proceedings for an offence under subsection (1) or (2) involving a SIM card registered using another person’s personal information, it is a defence for the accused to prove that the accused did not know, and had no reason to believe, that the SIM card was registered using another person’s personal information.(4) In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) the SIM card to commit, or to facilitate the commission by a person of, an offence under any written law, if —

(a)

where the SIM card is a SIM card registered using another person’s personal information — A does the act for any gain; or

(b)

it is proved that the SIM card is a compromised SIM card at the time A does the act.(5) In proceedings for an offence under subsection (2) involving the fault element mentioned in subsection (2)(b)(i), a person (A) who does an act mentioned in subsection (2)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the SIM card will be used to commit, or to facilitate the commission by a person of, an offence under any written law, if —

(a)

where the SIM card is a SIM card registered using another person’s personal information — A does the act for any gain;

(b)

it is proved that the SIM card is a compromised SIM card at the time A does the act; or

(c)

where the SIM card is registered using another person’s personal information — at the time A does the act, A fails to take reasonable steps to ascertain —

(i)

the identity and physical location of the person to whom the SIM card is supplied; or

(ii)

the purpose for which the person receives the SIM card from A.(6) In addition to subsection (4), in proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i) where the charge is amalgamated or involves more than one SIM card, a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) the SIM card to commit, or to facilitate the commission by a person of, an offence under any written law, if the act concerns more than a total of 10 SIM cards registered using another person’s personal information or unregistered SIM cards, or a combination of both.(7) In addition to subsection (5), in proceedings for an offence under subsection (2) involving the fault element mentioned in subsection (2)(b)(i) where the charge is amalgamated or involves more than one SIM card, a person (A) who does an act mentioned in subsection (2)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the SIM card will be used to commit, or to facilitate the commission by a person of, an offence under any written law, if the act concerns more than a total of 10 SIM cards registered using another person’s personal information or unregistered SIM cards, or a combination of both.(8) For the purpose of proving whether a SIM card was used to commit, or to facilitate the commission of, an offence, it is not necessary for the prosecution to prove that a specific offence occurred.(9) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —

(a)

in the case of an individual —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and

(ii)

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or

(b)

in any other case —

(i)

to a fine not exceeding $20,000; and

(ii)

in the case of a second or subsequent conviction, to a fine not exceeding $40,000.Transacting of SIM card registered using another person’s personal information for consideration39E.—

(1)

A person shall be guilty of an offence if the person, in exchange for any consideration —

(a)

buys or rents, or offers to buy or rent, a SIM card registered using another person’s personal information; or

(b)

sells or rents, or offers to sell or rent, a SIM card registered using another person’s personal information to any other person.(2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that —

(a)

the person did not know, and had no reason to believe, that the SIM card was registered using another person’s personal information;

(b)

in the case of an offence under subsection (1)(a), the person bought or rented the SIM card for a lawful purpose; or

(c)

in the case of an offence under subsection (1)(b), the person did not know, and had no reason to believe, that the SIM card would be used to commit, or to facilitate the commission of, any offence.(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

in the case of an individual —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and

(ii)

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or

(b)

in any other case —

(i)

to a fine not exceeding $20,000; and

(ii)

in the case of a second or subsequent conviction, to a fine not exceeding $40,000.Possession of SIM card registered using another person’s personal information for criminal activity39F.—

(1)

A person shall be guilty of an offence if —

(a)

the person possesses —

(i)

a SIM card registered using another person’s personal information; or

(ii)

an unregistered SIM card; and

(b)

the person intends to use the SIM card, or to supply the SIM card to any other person —

(i)

to commit, or to facilitate the commission by any person of, any offence under any written law; or

(ii)

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.(2) In proceedings for an offence under subsection (1) involving a SIM card registered using another person’s personal information, it is a defence for the accused to prove that the accused did not know, and had no reason to believe, that the SIM card was registered using another person’s personal information.(3) In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) a SIM card for the purpose of committing, or facilitating the commission by a person of, an offence under any written law, if it is proved that the SIM card in A’s possession is a compromised SIM card.(4) In addition to subsection (3), in proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i) where the charge is amalgamated or involves more than one SIM card, a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) a SIM card for the purpose of committing, or facilitating the commission by a person of, an offence under any written law, if A has in A’s possession more than a total of 10 SIM cards registered using another person’s personal information or unregistered SIM cards, or a combination of both.(5) For the purpose of proving whether a SIM card was used to commit, or to facilitate the commission of, an offence, it is not necessary for the prosecution to prove that a specific offence occurred.(6) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

in the case of an individual —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and

(ii)

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or

(b)

in any other case —

(i)

to a fine not exceeding $20,000; and

(ii)

in the case of a second or subsequent conviction, to a fine not exceeding $40,000.Facilitation of fraudulent registration of SIM card that facilitates criminal activity39G.—

(1)

A retailer or telecommunication licensee shall be guilty of an offence if —

(a)

the retailer or telecommunication licensee registers a SIM card using any person’s personal information;

(b)

the retailer or telecommunication licensee does so knowing, or having reasonable grounds to believe —

(i)

that there was no authorisation given by the person whose personal information is being used to register the SIM card; or

(ii)

that the personal information given by the person seeking to register the SIM card is false or misleading; and

(c)

either of the following applies:

(i)

the retailer or telecommunication licensee does the act mentioned in paragraph (a) knowing, or having reasonable grounds to believe, that the SIM card will be used —

(A)

to commit, or to facilitate the commission by any person of, any offence under any written law; or

(B)

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person;

(ii)

the SIM card is used by any person —

(A)

to commit, or to facilitate the commission by any person of, any offence under any written law; or

(B)

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

in the case of an individual —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and

(ii)

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or

(b)

in any other case —

(i)

to a fine not exceeding $20,000; and

(ii)

in the case of a second or subsequent conviction, to a fine not exceeding $40,000.(3) For the purposes of this section, a reference to a retailer or telecommunication licensee includes a reference to an employee of the retailer or telecommunication licensee (as the case may be) acting in the course of the employee’s employment.Offences under this Part committed outside Singapore39H. An offence under section 39B(1), 39C(1), 39D(1) or (2), 39F(1) or 39G(1) committed wholly or partly outside Singapore may be dealt with as if the offence had been committed wholly within Singapore, if —

(a)

the accused was in Singapore at the time the offence was committed; or

(b)

the offence causes, or creates a significant risk of, direct and reasonably foreseeable harm in Singapore.Arrestable offence39I. Every offence under this Part is deemed to be an arrestable offence within the meaning of the Criminal Procedure Code 2010.”.

Clause 4

New sections 40A and 40B

Open as pageSuggest a correction

In the Miscellaneous Offences (Public Order and Nuisance) Act 1906, after section 40, insert —“Offences by corporations40A.—

(1)

Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —

(a)

an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and

(b)

the officer, employee or agent had that state of mind,is evidence that the corporation had that state of mind.(2) Where a corporation commits an offence under this Act, a person —

(a)

who is —

(i)

an officer of the corporation; or

(ii)

an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and

(b)

who —

(i)

consented or connived, or conspired with others, to effect the commission of the offence;

(ii)

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or

(iii)

knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly.(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.(4) To avoid doubt, this section does not affect the application of —

(a)

Chapters 5 and 5A of the Penal Code 1871;

(b)

the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence; or

(c)

section 39.(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.(6) In this section —“corporation” includes a limited liability partnership;“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —

(a)

any person purporting to act in any such capacity; and

(b)

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;“state of mind” of a person includes —

(a)

the knowledge, intention, opinion, belief or purpose of the person; and

(b)

the person’s reasons for the intention, opinion, belief or purpose.Offences by unincorporated associations or partnerships40B.—

(1)

Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —

(a)

an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and

(b)

the employee or agent had that state of mind,is evidence that the unincorporated association or partnership (as the case may be) had that state of mind.(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —

(a)

who is —

(i)

an officer of the unincorporated association or a member of its governing body;

(ii)

a partner in the partnership; or

(iii)

an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership in relation to the commission of the offence; and

(b)

who —

(i)

consented or connived, or conspired with others, to effect the commission of the offence;

(ii)

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or

(iii)

knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.(4) To avoid doubt, this section does not affect the application of —

(a)

Chapters 5 and 5A of the Penal Code 1871;

(b)

the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence; or

(c)

section 39.(5) To avoid doubt, subsection (2) does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —

(a)

any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and

(b)

any person purporting to act in any such capacity;“partner” includes a person purporting to act as a partner;“state of mind” of a person includes —

(a)

the knowledge, intention, opinion, belief or purpose of the person; and

(b)

the person’s reasons for the intention, opinion, belief or purpose.”.

Part 2

AMENDMENTS RELATING TO CRIMINAL PROCEDURE

Clause 5

Amendment of Casino Control Act 2006

Open as pageSuggest a correction

In the Casino Control Act 2006, after section 183, insert —“Bail and bond183AA.—

(1)

A person who has been arrested by an inspector or authorised person under section 182(1) may be released on bail or on personal bond granted by any inspector or any authorised person.(2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:

(a)

any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an inspector or an authorised person;

(b)

the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Chief Executive.”.

Clause 6

Amendment of Criminal Procedure Code 2010

Open as pageSuggest a correction

In the Criminal Procedure Code 2010, in section 16 —

(a)

in subsection (1), replace “a non‑arrestable offence —” with “a non‑arrestable offence, any one or more of the following applies:”;

(b)

in subsection (1)(b), replace “must, by order” with “may, by notice”;

(c)

in subsection (1)(b), delete “or” at the end;

(d)

after subsection (1), insert —“(1A) Despite subsection (1), if the police officer has reason to believe that the matter is not of a serious nature or there are insufficient grounds for proceeding with the matter (whether or not any investigation has commenced under subsection (1)(a)), no further action need be taken by any police officer.”; and

(e)

in subsection (5), replace “not to investigate into any non‑arrestable case” with “to take any course of action mentioned in subsection (1)(b) or (c) or (1A)”.

Clause 7

Amendment of Gambling Control Act 2022

Open as pageSuggest a correction

In the Gambling Control Act 2022, after section 112, insert —“Bail and bond112A.—

(1)

A person who has been arrested by an authorised officer under section 112(1) may be released on bail or on personal bond granted by any authorised officer.(2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:

(a)

any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an authorised officer;

(b)

the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Chief Executive of the Authority.”.

Clause 8

Amendment of Immigration Act 1959

Open as pageSuggest a correction

In the Immigration Act 1959, before section 51A, insert —“Bail and bond51AF.—

(1)

A person who has been arrested by a police officer, an immigration officer or a customs officer under section 51(3) may be released on bail or on personal bond granted by any immigration officer.(2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:

(a)

any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an immigration officer;

(b)

the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Controller.”.

Clause 9

Amendment of Intoxicating Substances Act 1987

Open as pageSuggest a correction

In the Intoxicating Substances Act 1987, after section 7, insert —“Bail and bond7A.—

(1)

A person who has been arrested by an officer of the Bureau, police officer or special police officer under section 7(1) may be released on bail or on personal bond granted by any officer of the Bureau.(2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:

(a)

any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an officer of the Bureau;

(b)

the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Director.”.

Clause 10

Amendment of Misuse of Drugs Act 1973

Open as pageSuggest a correction

In the Misuse of Drugs Act 1973, after section 25, insert —“Bail and bond25A.—

(1)

A person who has been arrested by an officer of the Bureau, police officer, special police officer or officer of customs under section 25(1) may be released on bail or on personal bond granted by any officer of the Bureau.(2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:

(a)

any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an officer of the Bureau;

(b)

the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Director.”.

Clause 11

Amendment of National Registration Act 1965

Open as pageSuggest a correction

In the National Registration Act 1965 —

(a)

in section 22, replace the section heading with —“Arrest, search and detention”;

(b)

in section 22, after subsection (5), insert —“(6) Any person arrested under subsection (1) may be detained at —

(a)

a lock-up appointed as a place of confinement under section 4(1) of the Prisons Act 1933; or

(b)

an immigration depot designated under the Immigration Act 1959.”; and

(c)

after section 23, insert —“Bail and bond23A.—

(1)

A person who has been arrested by a registration officer or police officer under section 22(1) may be released on bail or on personal bond granted by any registration officer.(2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:

(a)

any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include a registration officer;

(b)

the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Commissioner.”.

Clause 12

Amendment of Passports Act 2007

Open as pageSuggest a correction

In the Passports Act 2007 —

(a)

in section 32, in the section heading, after “arrest”, insert “, detention”;

(b)

in section 32, after subsection (2), insert —“(2A) Any person arrested under subsection (1) may be detained at —

(a)

a lock-up appointed as a place of confinement under section 4(1) of the Prisons Act 1933; or

(b)

an immigration depot designated under the Immigration Act 1959.”; and

(c)

after section 32, insert —“Bail and bond32A.—

(1)

A person who has been arrested by the Controller, an immigration officer or a police officer under section 32(1) may be released on bail or on personal bond granted by the Controller or any immigration officer.(2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:

(a)

any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include the Controller or an immigration officer;

(b)

the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Controller.”.

Part 3

AMENDMENTS RELATING TO APPREHENSION

Clause 13

Amendment of Mental Health (Care and Treatment) Act 2008

Open as pageSuggest a correction

In the Mental Health (Care and Treatment) Act 2008, in section 7 —

(a)

in subsection (1), replace “any person believed to be dangerous to himself or herself or other persons and such danger is reasonably suspected to be attributable to a mental disorder and take the person” with “any person (“P”) where the police officer or special police officer believes that P may endanger P’s or any other person’s life or personal safety, and P’s conduct is reasonably suspected to be attributable to a mental disorder, and take P’’; and

(b)

in subsection (2), replace paragraph (a) with —“(a)a police officer’s or special police officer’s reasonable belief that P is endangering P’s life or personal safety is sufficient basis for the police officer’s or special police officer’s reasonable suspicion that P’s conduct is attributable to a mental disorder;

(aa)it is sufficient that the danger to life or personal safety is only reasonably likely to occur and need not be imminent, and actual harm is not required; and”.

Clause 14

Amendment of Police Force Act 2004

Open as pageSuggest a correction

In the Police Force Act 2004 —

(a)

in Part 3, replace the Part heading with —“DUTIES, DISCIPLINE AND POWERSOF POLICE OFFICERS”;

(b)

in section 26A(1), after “Sections”, insert “26AA,”;

(c)

in section 26A(2), after “sections”, insert “26AA,”;

(d)

after section 26A, insert —“Manner of apprehension in attempted suicide cases26AA.—

(1)

In apprehending a person whom a police officer reasonably suspects is about to or has attempted to commit suicide —

(a)

the police officer must touch or confine the body of the person to be apprehended unless the person submits to the apprehension by word or action; and

(b)

if the person forcibly resists or tries to evade apprehension, the police officer may use all reasonable means necessary to apprehend the person.(2) The person apprehended must not be restrained more than is necessary to prevent his or her escape.(3) If an apprehended person in lawful custody escapes or is rescued, the person from whose custody he or she escaped or was rescued, or any police officer, may immediately pursue and apprehend him or her for the purpose of returning him or her to the place where he or she was in lawful custody.(4) Section 26B applies to any apprehension under subsection (3) even if the person making the apprehension is not a police officer having authority to apprehend.(5) Every person is bound to help a police officer authorised to make an apprehension who reasonably demands the person’s aid in apprehending a person whom the police officer is authorised to apprehend.”;

(e)

in section 26B, after subsection (2), insert —“(2A) Whenever it is necessary to cause a woman to be searched under subsection (1)(b), the search must be made by a police officer who is a woman and with strict regard to decency.”;

(f)

in section 26B, after subsection (5), insert —“(6) A police officer may break open a place to free himself or herself or any other person who, having lawfully gone inside to make a search under subsection (1)(a), is detained in it.”; and

(g)

after section 26E, insert —“Powers upon apprehension of person in non‑suicide cases26F.—

(1)

Subject to subsection (2), this section applies where a police officer apprehends any person under any written law prescribed in the Police Regulations.(2) This section does not apply where an apprehension is carried out in relation to a person whom the police officer reasonably suspects is about to or has attempted to commit suicide and to which sections 26A to 26D apply.(3) Division 3 of Part 6 of the Criminal Procedure Code 2010 applies to an apprehension mentioned in subsection (1) as it applies to an arrest, with any exception or modification that the Minister may prescribe in the Police Regulations.(4) For the purposes of subsection (3), the Minister may prescribe different modifications with respect to different provisions of written law mentioned in subsection (1).”.

Part 4

OTHER AMENDMENTS

Clause 15

Amendment of Singapore Corporation of Rehabilitative Enterprises Act 1975

Open as pageSuggest a correction

In the Singapore Corporation of Rehabilitative Enterprises Act 1975 —

(a)

after section 17, insert —“Corporation’s symbol or representation17A.—

(1)

The Corporation has the exclusive right to the use of one or more symbols or representations as the Corporation may select or devise (each called the Corporation’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Corporation’s activities or affairs.(2) A person who, without the prior written permission of the Corporation —

(a)

uses a symbol or representation identical to the Corporation’s symbol or representation; or

(b)

uses a symbol or representation which so resembles the Corporation’s symbol or representation as to deceive or to cause confusion, or to be likely to deceive or to cause confusion,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.”;

(b)

in section 36, renumber subsection (1) as section 36; and

(c)

in section 36, delete subsection (2).

Clause 1

Short title and commencement

Open as pageSuggest a correction

This Act is the Law Enforcement and Other Matters Act 2024 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Common questions

What is Law Enforcement and Other Matters Bill?
Law Enforcement and Other Matters Bill is Singapore Bill, cited as Bill 14 2024, currently marked in force and first recorded in 2024.
Is Law Enforcement and Other Matters Bill still in force?
Yes — Law Enforcement and Other Matters Bill is currently in force.
When did Law Enforcement and Other Matters Bill take effect?
Law Enforcement and Other Matters Bill was first recorded in 2024.
How many clauses does Law Enforcement and Other Matters Bill have?
Law Enforcement and Other Matters Bill contains 15 clauses.
Where can I read the official version of Law Enforcement and Other Matters Bill?
The official text of Law Enforcement and Other Matters Bill is published at sso.agc.gov.sg.