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In force1985 Revised Edition
Contents

Act of Parliament

Martial Arts Instruction Act

Feedback & supportRegistering and controlling martial arts groups and instructors

Official textFrom Singapore Statutes Online, unchanged

s 1Short title

This Act may be cited as the Martial Arts Instruction Act.

(1)

In this Act, unless the context otherwise requires —

“Controller” means the Controller of Martial Arts appointed under section 3 and includes an Assistant Controller of Martial Arts appointed under that section;

“firm” has the same meaning as in the Business Registration Act [Cap. 32];

“identity card” has the same meaning as in the National Registration Act [Cap. 201];

“instructor” means a person who instructs another person in any form of martial art;

“instructor’s certificate” means a certificate issued to an instructor under section 25(4);

“martial art” includes akido, bersilat, jiu-jitsu, judo, karate, kendo, kung-fu, taekwon-do or a combination of variation thereof;

“martial art association” means any association, club, society, company or firm —

(a)

which is established or formed with the principal or ancillary object of providing instruction in any form of martial art; or

(b)

whose officers, employees or members provide instruction in any form of martial art as such officers, employees or members;

“officer” means the president, secretary, treasurer or a partner of a martial art association and includes a member of a committee or sub-committee thereof concerned with the provision of instruction in any form of martial art by the association or by any officer, employee or member thereof, and also includes persons holding positions analogous to those of the president, secretary or treasurer of the associations;

“place of business” means the place where the records and books of account of a martial art association are kept;

“place of instruction” means any place or premises at which an instructor instructs any other person in any form of martial art;

“society” has the same meaning as in the Societies Act [Cap. 311];

“trainee” means a person who receives instruction in any form of martial art.

(2)

The Minister may from time to time by notification in the Gazette declare any other art of pugilism, fighting, boxing or self-defence to be a martial art for the purposes of this Act.

(1)

For the purposes of this Act, the Minister may appoint a Controller of Martial Arts and such number of Assistant Controllers of Martial Arts as he may consider necessary for the purposes of this Act.

(2)

The Controller shall have the superintendence of all matters relating to this Act subject to the general or special directions of the Minister.

(3)

The Assistant Controllers of Martial Arts may exercise all the powers conferred on the Controller under this Act subject to such limitations as the Controller may consider fit to impose.

(4)

The Controller and the Assistant Controllers of Martial Arts shall be deemed to be public servants within the meaning of the Penal Code [Cap. 224].

(1)

Subject to this section the Controller shall, upon application by a martial art association and on payment of the prescribed fee, register the association.

(2)

Every registration effected in accordance with this section shall be notified in the Gazette.

(3)

The Controller shall refuse to register a martial art association if he is satisfied that —

(a)

any rules of the association are insufficient to provide for its proper management and control in respect of the provision of instruction in any form of martial art by any officer, employee or member thereof as such officer, employee or member;

(b)

the provision of instruction in any form of martial art by such officer, employee or member is likely to be for unlawful purpose or prejudicial to public peace, welfare or good order in Singapore;

(c)

the application for registration does not comply with the provisions of this Act or any regulations made thereunder; or

(d)

it would be contrary to the public interest for the association to be registered.

(4)

The Controller may refuse to register a martial art association if —

(a)

he is satisfied that the association is a branch of or is affiliated to or connected with any association whose registration has been cancelled under section 20 or under the provisions of any other written law or which has been refused registration previously under this Act.

(b)

it appears to him that the name under which the association is to be registered is —

(i)

undesirable;

(ii)

identical with or so nearly resembles that of any other existing association as is likely to deceive the members of the public as to its nature or identity; or

(iii)

likely to mislead members of the public as to the true character and purpose of the association; or

(c)

no satisfactory evidence has been produced of the good character of every officer of the association.

(5)

Any person aggrieved by a decision of the Controller under this section may, within 30 days from the date of the decision, appeal to the Minister whose decision shall be final.

(1)

Every martial art association, not being registered under this Act, shall be deemed to be an unlawful martial art association.

(2)

No martial art association shall be deemed to be unlawful under this section if and so long as the Controller is satisfied that —

(a)

it is organised or carries on business wholly outside Singapore; and

(b)

its officers, members or employees provide no instruction in any form of martial art in Singapore.

(3)

A person who manages or assists in the management of an unlawful martial art association shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 5 years or to both.

(4)

A person who is or acts as an officer of an unlawful martial art association or attends a meeting of an unlawful martial art association shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.

(1)

In any prosecution for an offence under this Act where it is proved that a club, company, association, society or firm exists —

(a)

it shall be presumed until the contrary is proved that the club, company, association, society or firm is a martial art association within the meaning of this Act; and

(b)

it shall not be necessary to prove that the martial art association possesses a name or that it has been constituted or is usually known under a particular name.

(2)

Notwithstanding the provisions of any other written law, in a prosecution for an offence under this Act, for the purposes of proving the existence of a martial art association evidence may be adduced and shall be admitted which shows that —

(a)

any person is reputed to be an officer or employee or a member of the martial art association;

(b)

an announcement has been made, whether by the person charged or by another person by any means that the martial art association has been established or formed or is in existence; or

(c)

by repute the martial art association is in existence.

(1)

Where any books, accounts, writings, seals, banners or insignia of or relating to or purporting to relate to a martial art association are found in the possession of a person, it shall be presumed, until the contrary is proved, that the person is an officer or employee or a member of the association, and the association shall be presumed, until the contrary is proved, to be in existence at the time the books, accounts, writings, seals, banners or insignia are so found.

(2)

When any books, accounts, lists of members or partners or seals of or relating to a martial art association are found in the possession of a person, it shall be further presumed, until the contrary is proved, that the person assists in the management of the association.

s 8Branch of a registered martial art association

Every registered martial art association which establishes a branch for the main or ancillary purpose of providing instruction in any form of martial art at such branch shall inform the Controller, in writing, of the address of the branch and of every change therein.

(1)

No registered martial art association shall change its name or place of business or any place of instruction provided by the association without the prior approval in writing of the Controller.

(2)

If a registered martial art association fails to comply with the requirements of subsection (1), the association and every officer thereof shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(3)

A person aggrieved by the refusal of the Controller to approve such change of name, place of business or place of instruction under subsection (1) may, within 30 days from the date of being notified of the decision of the Controller, appeal against his decision to the Minister whose decision shall be final.

s 10Registered place of business

Every registered martial art association shall have a registered place of business to which all communications and notices may be addressed and shall inform the Controller, in writing, of the address of that place.

(1)

The Controller may at any time by notice under his hand order a registered martial art association to furnish him with such information as he may require concerning the provision of instruction in any form of martial art at a place of instruction provided by the association or with any document, account or book of the association relating thereto.

(2)

Upon a request being made therefor by the Controller, a martial art association shall submit such particulars, as the Controller may require, of all instructors and trainees providing or receiving instruction, as the case may be, in any form of martial art at any place of instruction of the association.

(1)

The obligations imposed upon a registered martial art association by sections 8, 10 and 11 shall be binding upon every officer thereof, and upon every person managing or assisting in the management of the association.

(2)

If a registered martial art association fails to comply with section 8 or 10 or with the whole or part of an order given under section 11(1), each of the persons mentioned in subsection (1) who is bound by the rules thereof to fulfil any duty whereof the offence is a breach or, if there is no such person, every person mentioned in subsection (1), as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 unless he establishes to the satisfaction of the court that he has exercised due diligence and has failed to comply with the order for reasons beyond his control.

(3)

If any information supplied to the Controller in compliance with section 8 or 10 or an order given under section 11(1) is false, incorrect or incomplete in any material particular, the person who supplied the information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both unless he establishes to the satisfaction of the court that he had good reason to believe that the information was true, correct and complete.

(1)

If the Controller has reason to believe that any registered martial art association has ceased to exist, he may publish in the Gazette a notification calling upon the association to furnish him with proof of its existence within 3 months from the date of the notification. A copy of the notification shall be sent by registered post to the place of business of the association.

(2)

If at the expiration of the 3 months the Controller is satisfied that the association has ceased to exist, a notification to that effect shall be published in the Gazette by the Controller, and the association shall be deemed to have ceased to exist from the date of the publication.

(1)

Any registered martial art association which proposes to dissolve itself voluntarily in accordance with its rules and objects or any other written law shall inform the Controller in writing, and a certificate of dissolution signed by the president, secretary and treasurer or the officers of the association holding analogous positions shall be sent to the Controller within one week of the association’s dissolution.

(2)

On receiving the certificate of dissolution, the Controller shall, if he is satisfied that the association has been dissolved in accordance with its rules and objects or any other written law, publish a notification in the Gazette declaring that the association has ceased to exist.

(1)

A person who incites, induces or invites another person to become a member of, or to assist in the management of, an unlawful martial art association shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.

(2)

A person who uses any violence, threat or intimidation towards any person in order to induce him to become a member of, or to assist in the management of, an unlawful martial art association shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 4 years or to both.

s 16Penalty for procuring subscription or aid for an unlawful martial art association

A person who procures or attempts to procure from any other person any subscription or aid for the purposes of an unlawful martial art association shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both.

(1)

A person who prints, publishes, displays, sells or exposes for sale, or transmits through the post or who, without lawful authority or excuse, has in his possession any book, placard, newspaper, periodical, pamphlet, poster, proclamation, circular, pictorial representation, letter or any other document or writing whatsoever which is issued or appears to be issued by or on behalf of or in the interests of an unlawful martial art association shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both.

(2)

Any such book, placard, newspaper, periodical, pamphlet, poster, proclamation, circular, pictorial representation, letter or any other document or writing in respect of which the person is convicted shall be forfeited.

(1)

Every martial art association, whether it is registered or not, which uses a triad ritual shall be deemed to be an unlawful martial art association.

(2)

Any person found in possession of or having the custody or control of any book, account, writing, seal, flag, banner, symbol, emblem, badge or insignia of or relating to any triad martial art association or branch of a triad martial art association, whether the association or branch is established in Singapore or not, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.

(3)

Every offence under subsection (2) shall be deemed to be a non-bailable offence within the meaning of the Criminal Procedure Code [Cap. 68].