What is Police Force Act 2004?

Police Force Act 2004 is Singapore Act, cited as Act PFA 2004, currently marked in force and first recorded in 2004.

Is Police Force Act 2004 still in force?

Yes — Police Force Act 2004 is currently in force.

When did Police Force Act 2004 take effect?

Police Force Act 2004 was first recorded in 2004.

How many sections does Police Force Act 2004 have?

Police Force Act 2004 contains 135 sections.

What amends Police Force Act 2004?

Police Force Act 2004 has been amended by Act 10 of 2015, Act 15 of 2019, Act 53 of 2018, Act 15 of 2010, and Act 17 of 2005, and 8 others.

Where can I read the official version of Police Force Act 2004?

The official text of Police Force Act 2004 is published at sso.agc.gov.sg.

Police Force Act 2004

Section 1

Short title

This Act is the Police Force Act 2004.

Section 2

Interpretation

Amended by10/2015

(1)

In this Act, unless the context otherwise requires —

“law enforcement agency” means —

(a)

the Central Narcotics Bureau;

(b)

the Internal Security Department; or

(c)

any similar department or office of the Government prescribed by the Minister by notification in the Gazette;

Definition

“law enforcement officer” means —

(a)

a narcotics officer appointed to the Narcotics Service;

(b)

an intelligence officer; or

(c)

using or bearing arms while acting as a bodyguard or crowd controller;

(b)

using or bearing arms while patrolling, protecting, watching or guarding any property (including cash in transit);

(c)

such activity, or class of activities, that requires the use or bearing of arms and is connected with security or the protection of persons or property as is prescribed in the Auxiliary Police Forces Regulations;

(d)

the detention or arrest of individuals that police officers or law enforcement officers are authorised under written law to apprehend;

(e)

employing or providing persons to carry on any activity referred to in paragraph (a), (b) or (c);

Definition

“senior police officer” means a police officer of all ranks from and including the Commissioner down to and including an inspector;

Definition

“service offence” means —

(a)

in relation to a police officer, an offence punishable under Part 3; and

(b)

there is no person who appears, to the satisfaction of the Commissioner, to be the owner of the lost property;

(b)

there is such a person but that person has not been located after reasonable inquiry; or

(c)

there is such a person but that person has not exercised his or her right to recover the lost property;

Definition

“volunteer ex‑NSman” means a special police officer enrolled under section 68 as a volunteer ex‑NSman;

Definition

“voting share” has the meaning given by section 4(1) of the Companies Act 1967.

Amended by10/2015

(2)

In this Act and any regulations made thereunder, unless the context otherwise requires, any reference to any rank of police officer or special police officer includes a reference to a police officer or special police officer appointed to that rank on a probationary basis.

Section 3

Constitution of Police Force

(1)

As from 12 October 2004, the Singapore Police Force established and maintained under the repealed Act continues and is deemed to be established and maintained under this Act.

(2)

The Police Force consists of such number of —

(a)

senior police officers; and

(b)

other police officers below the rank of inspector,as are approved by the Minister.

(3)

The Police Force is also called the Polis Repablik Singapura.

Section 4

Functions and duties of Police Force

Amended by10/2015

(1)

Subject to this Act, the Police Force has the following functions throughout Singapore:

(a)

to maintain law and order;

(b)

to preserve public peace;

(c)

to prevent and detect crimes;

(d)

to apprehend offenders;

(e)

to exercise any other function conferred on it by or under this Act or any other written law.

(2)

The duties of the Police Force are to take lawful measures for —

(a)

preserving the public peace;

(b)

preventing and detecting crimes and offences;

(c)

apprehending all persons whom police officers are legally authorised to apprehend;

(d)

regulating processions and assemblies in public roads, public places or places of public resort;

(e)

regulating the traffic upon public thoroughfares, and removing obstructions therefrom;

(f)

preserving order in public places and places of public resort, at public meetings and in assemblies for public amusements, for which purpose any police officer on duty must have free admission to all such places and meetings and assemblies while open to any member of the public;

(g)

assisting in carrying out the revenue, excise, sanitary, conservancy, quarantine and immigration laws;

(h)

assisting in preserving order in any port, harbour, train station and airport in Singapore;

(i)

executing summonses, subpoenas, warrants, commitments and other process issued by courts and Justices of the Peace;

(j)

disseminating information to and advising the public and conducting prosecutions;

(k)

taking action for the safe custody of lost property and for the disposal of unclaimed property;

(l)

assisting in the protection of life and property at fires;

(m)

protecting persons from injury or death, and public property from damage or loss, whether arising from criminal acts or in any other way;

(n)

attending the criminal courts and, if specially ordered, the civil courts, and keeping order in those courts;

(o)

escorting and guarding prisoners (including those in remand); and

(p)

executing such other duties as may by any written law be imposed on a police officer.

Amended by10/2015

Section 5

Administration of Police Force by Commissioner

The Commissioner is responsible to the Minister for the supreme command, direction and administration of the Police Force, and of all persons appointed or engaged for police duties under the provisions of this Act.

Section 6

Appointment of Commissioner

(1)

Subject to subsection (2), the President may, on the advice of the Cabinet, appoint a public officer to be the Commissioner of Police.

(2)

The President may refuse to make an appointment, or to revoke the appointment, of the Commissioner if the President, acting in the President’s discretion, does not concur with the advice or recommendation of the Cabinet.

Section 7

Appointment, etc., of other police officers

(1)

Subject to the provisions of the Constitution, a senior police officer is to be appointed, promoted and confirmed by the Public Service Commission or the relevant Personnel Board established under the Constitution, as the case may be.

(2)

A police officer below the rank of inspector is —

(a)

to be appointed by the Commissioner or a commanding officer; and

(b)

to be promoted or advanced in grade by the Commissioner.

Section 8

Section 12

(2)

A person neglecting so to deliver up such article or property in accordance with subsection (1) shall be guilty of an offence and shall —

(a)

be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months; and

(b)

be liable to pay to the Government the value of the article or property not delivered up.

(3)

The value of any article or property not delivered up in accordance with subsection (1) —

(a)

must be ascertained in a summary manner by the same court by which the person was convicted; and

(b)

is recoverable as a fine.

Section 16

Police officer not to be member of trade union, etc.

Amended by10/201510/2015

(1)

It is not lawful for any police officer to be a member of —

(a)

any trade union or any body or association affiliated to a trade union;

(b)

any body or association the objects of which are or include controlling or influencing the emoluments, pensions or conditions of service of any police officer; or

(c)

any body or association with political objects.

Amended by10/2015

(2)

A police officer who contravenes subsection (1) shall be guilty of an offence.

(3)

If any question arises as to whether any body is a trade union or other body or association to which subsection (1) applies, the question is to be determined by the Minister on the advice of the Commissioner.

(4)

For the purpose of enabling police officers to consider and bring to the notice of the Government matters affecting their welfare and efficiency, including emoluments, pensions, welfare and conditions of service (other than matters of discipline and promotion affecting individuals), the Commissioner may establish one or more associations composed only of police officers.

Amended by10/2015

(5)

Any association established under subsection (4) and any branch of the association must —

(a)

operate and be administered in accordance with the Police Regulations; and

(2)

Any licence granted by any person appointed under subsection (1) is as valid and effectual for all purposes as if the licence had been granted by the Commissioner or the Deputy Commissioner.

(3)

Whenever by any written law power is given to the Commissioner to hear an appeal against any decision, and the decision‑maker is a police officer who, if not for this subsection, may hear that appeal, then despite section 17(1), the appeal must be heard and determined by —

(a)

the Commissioner in person (and no other); or

(b)

if the Commissioner is absent or incapable for any reason of hearing and determining that appeal, a public officer who is not the decision‑maker whose decision is appealed against and not subordinate to that decision‑maker, and is designated by the Minister to hear and determine that appeal.

Amended by10/2015

(4)

In this section —

Definition

“grant”, when used with reference to a licence, includes issue or give;

Definition

“licence” includes a pass and a permit.

Section 19

Oath of office

Every police officer must, before entering on the duties of his or her office, take an oath of office and oath of allegiance prescribed by the Oaths and Declarations Act 2000 in such manner as may be prescribed in the Police Regulations.

Section 20

Liability of police officers to serve

All police officers are bound to serve in any part of Singapore or on board any vessel or aircraft in the service of the Government, or to proceed to and serve outside Singapore as provided in Part 5.

Section 21

Police officers to obey lawful orders

(1)

Every police officer must —

(a)

obey all lawful orders, whether given orally or in writing; and

(b)

obey and conform to the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act.

(2)

In particular, a police officer is required —

(a)

to serve wherever he or she is lawfully ordered; and

(b)

to perform such police duties as may be lawfully ordered.

(3)

All powers granted to and duties imposed by any written law on any police officer are to be exercised or performed in accordance with the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act.

Section 22

Police officer to be armed

Every police officer is provided with such arms, ammunition and other accoutrements as may be necessary for the effectual discharge of his or her duties.

Section 23

Police officer to be deemed on duty

Every police officer is, for the purposes of this Act, deemed to be always on duty when required to act as such and has to perform the duties and exercise the powers granted to him or her under this Act or any other written law at any time and every place where he or she may be doing duty.

Section 24

Police officer not exempted from ordinary process of law

(1)

Nothing in this Act is deemed to prevent the prosecution, conviction and punishment of any police officer according to the provisions of any other written law for the time being in force in Singapore.

(2)

No person who has been acquitted by a court of any offence is to be tried on the same charge under this Act.

(3)

A sentence upon a police officer is not affected by such person ceasing to be a police officer by discharge or otherwise.

(4)

No pay accrues to any police officer in respect of any period during which he or she is undergoing any sentence of imprisonment.

Section 25

Non-liability for act done under authority of warrant

Amended by10/2015

(1)

Where the defence to any suit instituted against a police officer is that the act complained of was done in obedience to a warrant purporting to be issued by any competent authority, the court is, upon production of the warrant containing the signature of such authority and upon proof that the act complained of was done in obedience to such warrant, to enter judgment in favour of such police officer.

(2)

No proof of the signature of such authority is required unless the court has reason to doubt the genuineness of the signature.

(3)

(a)

any driver or rider of any vehicle who fails to comply with the signal of a police officer requiring such person to stop the vehicle before reaching any barrier erected or placed under subsection (1); or

(b)

any driver or rider of any vehicle referred to in paragraph (a) —

(i)

who refuses to give his or her name and a place of address within Singapore when required by the police officer; or

(ii)

whom the police officer has reason to believe has furnished any false or misleading information about the driver’s or rider’s name or address in Singapore.

(4)

No police officer shall be liable for any loss or damage to any vehicle, or for any injury to the driver or rider or any other occupant of the vehicle, as a result of the driver or rider of the vehicle failing to obey any police officer acting under this section.

Section 26A

Application of sections 26B, 26C and 26D in attempted suicide cases

Amended by15/201915/2019

(1)

Sections 26B, 26C and 26D apply only where a police officer reasonably suspects that a person is about to or has attempted to commit suicide and where the powers under those sections are reasonably necessary for any of the following purposes:

(a)

preventing personal injury, hurt or death to any person;

(b)

facilitating an inquiry within the meaning of section 2 of the Coroners Act 2010 if death is caused either to the person who attempted suicide or any other person;

(c)

preserving evidence for the purpose of any subsequent investigations into or proceedings in relation to any suspected arrestable offence which may be disclosed.

Amended by15/2019

(2)

For the purposes of this section and sections 26B, 26C and 26D —

(a)

a reference to a police officer includes a reference to —

(i)

a special police officer; and

(ii)

a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under section 65B and the lawful directions of the police officer he or she assists; and

(b)

“arrestable offence”, “court”, “financial institution”, “place”, “police station” and “property” have the meanings given by section 2(1) of the Criminal Procedure Code 2010.

Amended by15/2019

Section 26B

Search by police officer for or of person in suicide or attempted suicide cases

Amended by15/201915/201915/201915/201915/2019

(1)

A police officer may, without a search warrant —

(a)

search or cause a search to be made in any place for a person if the police officer has reason to believe that the search is necessary for any purpose mentioned in section 26A(1); or

(b)

A police officer may, without a search warrant, search or cause a search to be made for a document or other thing in any place if —

(a)

the police officer considers the document or thing to be necessary for any purpose mentioned in section 26A(1);

(b)

the police officer has reason to believe that the document or thing, which the police officer considers to be necessary for any purpose mentioned in section 26A(1), is likely to be removed; or

(c)

(b)

direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order.

Amended by15/2019

(3)

(ii)

the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in;

(c)

such release is necessary for the payment of any extraordinary expenses;

(d)

the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy such lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)(b); or

(e)

such release is necessary, where the person is a company incorporated in Singapore, for any day-to-day operations of the company.

Amended by15/2019

(9)

Part 19 (Disposal of property) of the Criminal Procedure Code 2010 applies to the disposal of any property seized under this section with the necessary modifications as if it were property seized in the exercise of any power under that Code.

Amended by15/2019

Section 27

Employment of police officers for private purposes

(1)

Any person may apply to the Commissioner, in such form and manner as may be prescribed, to employ police officers for —

(a)

the purpose of guarding the applicant or any other person or any property; or

(b)

any other reason acceptable to the Commissioner.

(2)

The Commissioner may grant an application made under subsection (1) subject to any conditions that the Commissioner thinks fit, including but not limited to the following:

(a)

the applicant must pay for the services of the police officers such amount or at such rate as may be prescribed, and if no such amount or rate is so prescribed, such amount or rate as the Commissioner thinks fit;

(b)

the number of police officers to be placed at the disposal of the applicant for such service, and the conditions of service.

(3)

The Government shall not be liable for any loss or damage to property, whether owned by the applicant or by any other person, consequent on the employment of police officers as provided in this section.

Section 28

Discipline of police officers

Amended by10/2015

(1)

A senior police officer may be interdicted, dismissed or otherwise disciplined by or under the authority of the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service.

Amended by10/2015

(2)

A police officer below the rank of inspector may be interdicted, dismissed or otherwise disciplined by or under the authority of this Act.

Section 29

Interdiction

Amended by10/201510/201510/201510/201510/201510/201510/2015

(1)

A police officer below the rank of inspector may be interdicted from the performance of duty by the Commissioner where —

(a)

the police officer is charged in court for an offence and the Commissioner is of the opinion that the nature and gravity of the offence warrants the police officer’s interdiction;

(b)

the police officer is being investigated for having committed an offence under any written law and the Commissioner considers that it is undesirable for that officer to continue to exercise the powers or perform the duties of a police officer;

(c)

disciplinary proceedings under this Part that may result in the police officer’s dismissal, reduction in rank or retirement in the public interest are or are to be instituted under this Part; or

(d)

the Commissioner considers that it is otherwise in the public interest that the police officer should immediately cease to exercise the powers and perform the duties of a police officer.

Amended by10/2015

(2)

Where a police officer has been interdicted under subsection (1), the Commissioner may order that the whole or such part of the police officer’s emoluments as the Commissioner thinks fit to be withheld during the period of interdiction.

Amended by10/2015

(3)

If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in the police officer’s dismissal, the Commissioner may order the forfeiture of all or any of the emoluments which the police officer would have enjoyed but for the police officer’s dismissal.

Amended by10/2015

(4)

If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in a disciplinary measure other than dismissal —

(a)

where the police officer’s emoluments (other than increments) have been withheld, the Commissioner may order the forfeiture of the whole or a part of the withheld emoluments or that the withheld emoluments or a part of it be restored; and

(b)

(b)

the police officer is interdicted under section 29 from the performance of duty;

(c)

after notice of intention to prefer disciplinary charges or to prosecute the police officer for a service offence is given to the police officer; or

(d)

where the police officer has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.

Amended by10/2015

(2)

Except with the written permission of the Commissioner, a police officer below the rank of inspector must not, during any period referred to in subsection (1), leave Singapore before disciplinary proceedings against that police officer under this Part are concluded.

Amended by10/2015

Section 31

Disciplinary proceedings

(1)

Every allegation against any police officer below the rank of inspector that he or she has committed a disciplinary offence must be reported in the form of a charge to a disciplinary officer.

(2)

A disciplinary officer may, when dealing with a charge brought before him or her under subsection (1), dismiss the charge if and only if he or she is satisfied that —

(a)

the charge is groundless and ought not to be proceeded with; or

(b)

there are special circumstances which justify its dismissal,and the disciplinary officer must record his or her reasons for the dismissal.

(3)

A disciplinary officer is not bound by the law of evidence when dealing with a charge brought before him or her under subsection (1) and, subject to the Police Regulations, must act in such manner as seems to him or her most expedient for the disposal of the case before him or her.

Section 32

Commissioner may refer case to Public Service Commission for determination

Amended by10/201510/2015

(1)

Despite section 31, the Commissioner may, if the Commissioner thinks fit, refer any case where disciplinary proceedings for a disciplinary offence are to be taken under this Part against a police officer below the rank of inspector to the Public Service Commission for the case to be dealt with by the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service.

Amended by10/2015

(2)

Where any case has been referred to the Public Service Commission under subsection (1), the Commission may —

(a)

order that the police officer below the rank of inspector concerned be dismissed;

(b)

order that the police officer be retired in the public interest from the Police Force; or

(c)

punish the police officer in accordance with section 40(2), (3), (4) or (5), as the case may be.

Amended by10/2015

(3)

Where any case has been referred to the Public Service Commission under subsection (1), any reference in this Act to a disciplinary officer includes a reference to the Public Service Commission.

Section 33

Power to secure attendance of witnesses

(1)

A police officer who is —

(a)

authorised to conduct an investigation into; or

(b)

a disciplinary officer authorised to conduct disciplinary proceedings for,any alleged service offence committed by another police officer or a special police officer, may apply to a Magistrate for a summons to secure the attendance before the police officer, as a witness, of any person who appears to be acquainted with the circumstances of the case.

(2)

Subject to subsection (3), a Magistrate may issue a summons accordingly and such witness —

(a)

is bound to attend at the time and place mentioned in the summons;

(b)

is bound to answer truly all questions relating to such case as may be put to him or her by the police officer mentioned in subsection (1); and

(c)

must produce all documents relevant to such case.

(3)

Nothing in this section is to be construed to compel any person to disclose any matter or produce any document which would have been protected from disclosure or production (as the case may be) on the ground of privilege if the proceedings had been held in any court.

Section 34

Desertion

Amended by10/2015

(1)

A police officer who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to imprisonment for a term not exceeding 10 years, and all arrears of emoluments due to him or her shall be forfeited.

Amended by10/2015

(2)

For the purposes of this section, a person deserts if he or she, being on duty, or having been notified to report for duty, without leave does not attend at or leaves his or her place of duty in circumstances which show that he or she has the intention to remain permanently absent without leave or of not returning to his or her duty.

(3)

Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Section 35

Connivance at desertion

A person who —

(a)

being aware of the desertion or intended desertion of a police officer, does not without reasonable excuse inform his or her superior officer immediately; or

(b)

fails to take any steps in his or her power to cause the apprehension of a police officer whom he or she knows, or has reasonable cause to believe, to be a deserter,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and to imprisonment for a term not exceeding 2 years or to any other punishment authorised by this Act.

Section 36

Absence without leave

Amended by10/2015

(1)

A police officer who is absent without leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both, and to any other punishment authorised by this Act, and all arrears of emoluments due to him or her shall be forfeited.

Amended by10/2015

(2)

Any police officer is absent without leave if the police officer —

(a)

without authority leaves his or her place of duty;

(b)

without authority is absent from his or her place of duty;

(c)

having been authorised to be absent from his or her place of duty, fails to return to his or her place of duty at the end of the period for which his or her absence was authorised; or

(d)

having been notified to report for duty, fails to report to his or her place of duty without lawful excuse.

(3)

It is a defence for any person charged with an offence under this section to prove that his or her absence was a result of circumstances over which he or she had no control.

(4)

Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Section 37

Threatening or insulting another officer of senior or equal rank

A police officer who threatens or insults another police officer of senior or equal rank when —

(a)

such other officer is on duty; or

(b)

such threat or insult relates to or is consequent on the discharge of duty by the officer so threatened or insulted,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.

Section 38

Attempt to commit service offence

(1)

A person who, with intent to commit any service offence, by act or omission behaves in a manner that is, or that the person believes to be, a substantial step towards the commission of the service offence is deemed, for the purpose of this section, to have attempted to commit the service offence.

(2)

A person who attempts to commit a service offence under any of the provisions of this Part shall be liable on conviction or on being found guilty thereof to the like punishment for that offence.

(3)

A person charged with attempting to commit a service offence may be convicted or found guilty of the attempt even though the evidence in the proceedings proves that the person committed the offence.

(4)

Where an attempt to commit a service offence is voluntarily abandoned, the fact and circumstances of that abandonment are to be taken into consideration in mitigation of any punishment to be imposed in respect of the attempt.

Section 39

Aiding, etc., commission of service offence

A person who intentionally or recklessly —

(a)

aids, abets, counsels or procures;

(b)

incites to, urges or encourages; or

(c)

commands or orders,the commission of a service offence shall be guilty of the service offence.

Section 40

Disciplinary offences

Amended by10/201510/201510/201510/201510/201510/201510/201510/201510/201510/2015

(1)

The service offences specified in the Schedule are disciplinary offences.

(2)

Subject to subsections (3), (4) and (5), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Police Regulations, a police officer below the rank of inspector is found guilty of a disciplinary offence by a disciplinary officer who is a commanding officer, the disciplinary officer may order that such police officer be subject to any one of the following punishments:

(a)

dismissal or retirement in the public interest from the Police Force;

(b)

reduction in rank, grade or seniority;

(c)

stoppage of increment for up to 2 years;

(d)

stoppage of leave;

(e)

restriction of privileges;

(f)

extra duty;

(g)

reprimand;

(h)

caution.

Amended by10/2015

(3)

A disciplinary officer who is not a commanding officer but is an officer authorised by a commanding officer to conduct disciplinary proceedings against a police officer below the rank of inspector (called in this subsection and subsection (3A) the defendant police officer) may, after giving the defendant police officer a reasonable opportunity to be heard in accordance with this Act and the Police Regulations and if that disciplinary officer is satisfied on the evidence as to the defendant police officer’s guilt —

(a)

order that the defendant police officer be subject to any one of the punishments specified in subsection (2)(b) to (h); or

(b)

recommend in writing to the commanding officer that the defendant police officer should be dismissed or retired in the public interest from the Police Force, together with a report containing a record of the proceedings conducted by the disciplinary officer and the grounds for the recommendation.

Amended by10/2015

(3A)

Upon receipt of any written recommendation and report under subsection (3)(b) from a disciplinary officer with respect to a defendant police officer below the rank of inspector, the commanding officer may, after reviewing that report, by order —

(a)

quash any finding of guilt made by the disciplinary officer and acquit the defendant police officer if the commanding officer is of the opinion that —

(i)

the finding is illegal or cannot be supported by the evidence; or

(ii)

the disciplinary proceedings conducted by the disciplinary officer were not in accordance with any provision in this Part or the Police Regulations,and, where appropriate, refer the case to another disciplinary officer recommending that disciplinary proceedings be re‑instituted against the defendant police officer; or

(b)

dismiss the defendant police officer, or order the defendant police officer’s retirement in the public interest, from the Police Force or substitute another punishment referred to in subsection (2)(b) to (h).

Amended by10/2015

(4)

A disciplinary officer may, in lieu of or in addition to any punishment imposed under subsection (2), (3)(a) or (3A)(b), order —

(a)

the police officer concerned to pay a fine not exceeding $200; or

(b)

the forfeiture of not more than one month of the police officer’s gross monthly salary.

Amended by10/2015

(5)

In addition to any punishment imposed under subsection (2), (3)(a) or (3A)(b), a disciplinary officer may make the following orders where the disciplinary officer finds any police officer below the rank of inspector guilty of the following disciplinary offences:

(a)

in the case of the disciplinary offence of absence without leave, an order of forfeiture of the police officer’s emoluments in respect of the period of absence or such lesser period as the disciplinary officer may consider fit; or

(b)

in the case of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, an order for the police officer concerned to make good, either partially or wholly, the value of such property or the amount of such loss or damage.

Amended by10/2015

(6)

Where an order is made by a disciplinary officer under subsection (2), (3)(a), (3A)(b), (4) or (5) against a police officer below the rank of inspector, that police officer may, not later than the 30th day after the date the order is served on the police officer, appeal to a Disciplinary Appeal Committee against any punishment imposed by, or against any finding of guilt in, the disciplinary officer’s order.

Amended by10/2015

(7)

In every case where an appeal has been made under subsection (6) against any order under subsection (2), (3)(a), (3A)(b), (4) or (5), the punishment awarded by that order must be suspended pending the determination of the appeal.

Amended by10/2015

(8)

A Disciplinary Appeal Committee may determine an appeal under subsection (6) against an order of a disciplinary officer —

(a)

by confirming any finding of guilt or punishment ordered by the disciplinary officer;

(b)

by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Disciplinary Appeal Committee is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re‑tried by another disciplinary officer;

Whenever an appeal under section 40(6) is made, there must be constituted a Disciplinary Appeal Committee to hear the appeal, comprising —

(a)

the Commissioner; and

(b)

2 other commanding officers selected by the Commissioner from the panel of such officers appointed by the Minister under subsection (2).

Amended by10/2015

(4)

A police officer below the rank of inspector dismissed from the Police Force must be reduced to the rank of constable before dismissal.

Section 44

Committee of inquiry

(1)

Where it is expedient that the Minister, or such other person as the Minister may appoint to exercise the powers conferred upon the Minister by this Part, should be informed on any matter connected with the discipline, administration or functions of the Police Force or affecting any person subject to Part 8 or 9, the Minister or the person appointed by the Minister may convene a committee of inquiry.

(2)

A committee of inquiry must inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter.

(3)

In this Part, “Minister” includes the person appointed by the Minister under subsection (1) to act on the Minister’s behalf for the purposes of this Part.

Section 45

Composition of committee of inquiry

(1)

A committee of inquiry consists of one or more persons appointed by the Minister.

(2)

Where a committee of inquiry consists of more than one person, the Minister must appoint one of the members to be the chairperson.

(3)

Where a committee of inquiry consists of one member only, he or she is vested with the powers of a chairperson.

(4)

Every member of a committee of inquiry appointed under this section is deemed to be a public servant within the meaning of the Penal Code 1871.

Section 46

Powers of committee of inquiry

A committee of inquiry may —

(a)

summon any person to give evidence on oath or on affirmation, or to produce any document or material, necessary for the purpose of the inquiry; and

(b)

visit any place in order to inquire into any matter which may arise in the course of the inquiry.

Section 47

Disobedience to summons an offence

(1)

A person who is summoned to give evidence before a committee of inquiry must not, without lawful excuse, fail to appear in obedience to the summons.

(2)

A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry must not, without lawful excuse, fail to produce the document or material.

(3)

Any person who contravenes subsection (1) or (2) 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.

Section 48

Refusal to give evidence an offence

(1)

A person who appears before a committee of inquiry must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which he or she is lawfully required to produce or answer.

(2)

A person who contravenes subsection (1) 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.

Section 49

Giving false evidence an offence

A person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry 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 7 years or to both.

Section 50

Evidence and procedure of committee of inquiry

Except as otherwise provided in this Act, a committee of inquiry is not bound by the rules of evidence and may act in any manner that the committee of inquiry thinks most expedient.

Section 51

(3)

A record of the proceedings of a committee of inquiry must be signed by the chairperson and the members of the committee (if any) and forwarded to the Minister.

(4)

The record of proceedings of a committee of inquiry, or any part thereof, or any information relating thereto must be kept confidential and must not be released to any person, other than a member of the committee, without the written permission of the Minister.

Section 55

Offence to influence or attempt to influence committee of inquiry

A person who, otherwise than in the course of duty, directly or indirectly, by himself or herself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry 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.

Section 56

Minister may send police officer outside Singapore

(1)

Subject to subsections (3) and (7), the Minister may —

(a)

on a request in that behalf being made by, or with the consent of, a government of a territory outside Singapore;

(b)

in connection with the deployment of a United Nations force in a territory outside Singapore; or

(c)

in connection with any overseas operation in a territory outside Singapore under any arrangement with a government of a territory outside Singapore,order such number of police officers or special police officers as to the Minister seems expedient to proceed outside Singapore to carry out police duties in such territory.

(2)

In making an order under subsection (1), the Minister must specify the purposes for which the police officers or special police officers are to carry out police duties outside Singapore or in any territory outside Singapore.

(3)

The Minister must not make an order under subsection (1) unless the Minister is satisfied that adequate provisions have been or will immediately be made in the territory outside Singapore for the proper carrying out of police duties by police officers and special police officers in that territory, which may include provisions —

(a)

that all police officers and special police officers serving in that territory under the provisions of this Part remain under the orders of their own commanding officers; or

(b)

that all police officers and special police officers serving in that territory under the provisions of this Part are conferred with the powers, duties and privileges of police officers in that territory.

(4)

The Commissioner may issue directions of a routine nature for the deployment, command, control and information of police officers and special police officers ordered under subsection (1) to proceed outside Singapore to carry out police duties outside Singapore.

(5)

A direction under subsection (4) must not be inconsistent with subsection (3).

(6)

All police officers and special police officers ordered under subsection (1) to proceed outside Singapore for service must comply with every direction issued under subsection (4).

(7)

No special police officer is liable to serve or proceed on duty outside Singapore unless he or she first consents to such service.

(8)

In this section, “overseas operation” includes any overseas operation involving peacekeeping, the maintenance or restoration of law and order or functioning of government institutions or similar activities (whether or not in conjunction with personnel from one or more other countries).

Section 57

Police officers serving outside Singapore to remain subject to this Act

Subject to section 59, a police officer or special police officer who is —

(a)

Offences and misconduct during overseas service

Amended by15/201015/2010

(1)

If any police officer or special police officer to whom this section applies does, or omits to do, any act outside Singapore (whether or not the act or omission concerned constitutes an offence under the laws in force in the territory where it took place) that if done or omitted within Singapore would constitute an offence, that act or omission is deemed to have taken place within Singapore unless —

(a)

the person is subject to the criminal jurisdiction of the territory in which the act or omission took place; and

(b)

the authorities in that territory —

(i)

are not subject to any obligation to cede jurisdiction to the Singapore authorities in respect of that act or omission; and

(ii)

bring criminal proceedings against the police officer or special police officer (as the case may be) in that territory.

(2)

No information is to be laid against any police officer or special police officer over whom jurisdiction is claimed by virtue of subsection (1) without the consent of the Public Prosecutor.

Amended by15/2010

(3)

If any police officer or special police officer is alleged to have committed an offence in respect of which the laying of information requires the consent of the Public Prosecutor under subsection (2), the police officer or special police officer concerned may be arrested and detained in custody or remanded in custody or on bail, even though the consent of the Public Prosecutor has not been obtained to the making of such complaint in respect of that offence, but no further proceedings are to be taken until that consent is obtained.

Amended by15/2010

(4)

If any police officer or special police officer to whom this section applies does, or omits to do, any act outside Singapore, and that act or omission would, if it occurred in Singapore, be a disciplinary offence for the purposes of this Act —

(a)

the person may be investigated and, if appropriate, proceeded against under this Act by way of disciplinary proceedings under Part 3 or 8, whichever is applicable, and punished, in the same manner as if the act or omission had occurred in Singapore; and

(b)

for that purpose, this Act and either the Police Regulations or the Special Constabulary Regulations (as the case may be) apply to him or her with any necessary modifications.

Section 60

Interpretation of this Part

For the purposes of this Part, an aircraft is in flight —

(a)

from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when any such door is opened for disembarkation;

(b)

if the aircraft makes a forced landing in any country or territory other than Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when the competent authorities of the country or territory in which the forced landing takes place take over responsibility for the aircraft and for the persons and property on board the aircraft; and

(c)

if the aircraft makes a forced landing in Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when a police officer arrives at the place of landing,and any reference in this Act to an aircraft in flight includes a reference to an aircraft during any period when the aircraft is on the surface of the sea or land but not within the territorial limits of any country.

Amended by32/2018

(3)

For the purpose of subsection (2), the reference to a country or the territorial limits of a country includes a reference to the territorial waters (if any) of that country.

Section 61

Appointment and training of air marshals

(1)

The Commissioner may appoint any police officer to serve as an air marshal on board any Singapore aircraft.

(2)

The Commissioner must provide for the appropriate training and supervision of all air marshals.

Section 62

Commissioner may require deployment of air marshals on board Singapore aircraft

(1)

Where the Commissioner has reason to believe that any passenger flight to be performed by a Singapore aircraft presents high security risks, the Commissioner may, by written order served on the operator of that aircraft, require the operator to permit the deployment of one or more air marshals on that passenger flight.

(2)

An order made under subsection (1) may require the operator of the Singapore aircraft to provide seating for the air marshals deployed on the passenger flight to which the order relates without regard to the availability of seats on the flight and at no cost to the Government or the air marshals.

(3)

A person who fails to comply with an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

Section 63

Powers, rights, immunities and duties of air marshals on board Singapore aircraft outside Singapore

(1)

Every police officer serving as an air marshal on board any Singapore aircraft during a passenger flight has, while the aircraft is in flight elsewhere than in or over Singapore —

(a)

the same powers, rights and immunities; and

(b)

so far as possible, to perform the same duties,as when on service in Singapore.

(2)

If an air marshal arrests any person in exercise of the air marshal’s powers under subsection (1), the air marshal may —

(a)

if the aircraft ceases flight in any country outside Singapore, hand the person over to the commander of the Singapore aircraft, together with any weapon or article taken from the person, to be dealt with in accordance with the provisions of the Tokyo Convention Act 1971; or

(b)

if the aircraft ceases flight in Singapore, hold the person in custody and deal with the person and any weapon or article taken from the person in accordance with the provisions of the Criminal Procedure Code 2010 as if the person were arrested in Singapore.

(3)

a person who is employed by the Internal Security Department,and who is designated by the Minister as an intelligence officer for the purposes of this section.

Section 65A

Forensic specialists

Amended by10/20155/201810/201510/201510/201510/201510/201510/201510/2015

(1)

The Minister may, in writing, appoint any of the following individuals to be forensic specialists:

(a)

a public officer (except an operations support officer at grade III, IV or V or other public officer at equivalent grade) who is not a police officer but is employed in the offices of the Police Force or a law enforcement agency;

(b)

(b)

specifying the police officer or class of police officers, or the law enforcement officer or class of law enforcement officers, the forensic specialist is to assist by the exercise of those powers.

Amended by10/2015

(2)

However, to avoid doubt, the Commissioner cannot authorise under subsection (1) a forensic specialist to arrest any individual.

Amended by10/2015

(3)

The powers that a forensic specialist may be authorised under subsection (1) by the Commissioner to exercise may be all or any of the following, and no others:

(a)

to secure a crime scene against unauthorised disturbance to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist, including (but not limited to) —

(i)

preventing any unauthorised individual, animal or vehicle from disturbing or entering the crime scene;

(ii)

restricting entry to the crime scene to people, animals, and vehicles, that are authorised;

(iii)

removing any unauthorised individual, animal or vehicle from the crime scene;

(iv)

if the crime scene is established in or around a vehicle, preventing the vehicle from being moved;

(v)

preventing a thing relevant to the offence to which a crime scene relates from being concealed or disturbed; and

(vi)

preventing an individual from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the individual;

(b)

to search a crime scene, and any individual at or within the vicinity of the crime scene, to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist, including (but not limited to) any of the following to obtain evidence of the commission of an offence:

(i)

opening anything at the crime scene, or in the possession of the individual, that is locked and to inspect anything in it;

(ii)

removing or causing to be removed an obstruction from the crime scene;

(iii)

digging up anything at the crime scene, removing roofing material, wall or ceiling linings or floors of a building, or panels of a vehicle that is a crime scene;

(iv)

photographing or otherwise recording the crime scene and any thing or individual in it;

(v)

taking into and using in the crime scene any equipment or facilities that are reasonably necessary in order to search or inspect in accordance with any warrant or the directions of the police officer or law enforcement officer the forensic specialist is so authorised to assist;

(vi)

making reasonable use of any equipment, facilities or services in the crime scene to operate the equipment or facilities mentioned in sub‑paragraph (v), and taking electricity, gas, water or any other utility for such use in the crime scene;

(vii)

exercising any power of a police officer under sections 34, 35, 39 and 40 of the Criminal Procedure Code 2010 at the crime scene in accordance with any warrant or the directions of the police officer or law enforcement officer the forensic specialist is so authorised to assist;

(c)

to seize and detain all or part of a thing that might provide evidence of the commission of an offence to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist;

(d)

to do a forensic examination, whether at a crime scene or otherwise, on a thing relevant to an offence or a sample of such a thing;

(e)

to carry out any forensic procedure on any individual, whether at a crime scene or otherwise, in accordance with Part 3 or 4 of the Registration of Criminals Act 1949, for the purpose of searching for a thing, or evidence of a thing —

(i)

that is relevant to an offence that is reasonably suspected to have been committed; and

(ii)

the existence or absence of which on or in the body of the individual is relevant to the investigation of the offence; (f)to take statements from individuals to the extent directed by the police officer or law enforcement officer the forensic specialist is so authorised to assist, and to require such an individual to make and sign a declaration of the truth of the statement made by the individual; (g)to exercise such other powers and perform such other duty as may be conferred by any other written law on forensic specialists.

Amended by10/2015

(4)

The Commissioner’s written authorisation under subsection (1) for a forensic specialist may do all or any of the following:

(a)

limit the powers in subsection (3) that the forensic specialist may exercise;

(b)

limit when the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;

(c)

limit where in Singapore the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;

(d)

limit the circumstances in which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;

(e)

limit the offences in respect of which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;

(f)

limit the purposes for which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them.

Amended by10/2015

(5)

A forensic specialist who is authorised under subsection (1) to exercise any power under subsection (3) to assist a police officer or law enforcement officer specified in that authorisation (specially or by class) is —

(a)

to exercise that power only to assist the police officer or law enforcement officer, or officer in that class (as the case may be) where the officer is exercising in Singapore a power or discharging any duty, under this Act or any other written law, for purposes of law enforcement; and

(b)

to obey all lawful directions (general or specific) of the Commissioner, and that police officer or law enforcement officer (as the case may be), when exercising that power.

Amended by10/2015

(6)

Without affecting section 25, where any law or written law protects —

(a)

a police officer from liability for the police officer’s acts or omissions; or

(b)

a law enforcement officer from liability for the law enforcement officer’s acts or omissions,that law or written law is taken to operate as if those acts or omissions include the forensic specialist’s acts or omissions when acting in the course of his or her duty as a forensic specialist in accordance with the written authorisation of the Commissioner under subsection (1) and with subsection (5).

Amended by10/2015

(7)

Without affecting section 25, in any action brought against any forensic specialist for anything done in obedience to a warrant, or any forensic specialist acting in the course of his or her duty as such in assisting a law enforcement officer for anything done in obedience to a warrant —

(a)

the forensic specialist is not responsible for any irregularity in the issuing of the warrant because of any want of jurisdiction in the court issuing that warrant; and

(b)

upon the warrant being produced and proved at the trial of the action and upon it being proved that the act complained of was done in obedience to the warrant, verdict and judgment must be given for the forensic specialist, despite any such irregularity or want of jurisdiction, and the forensic specialist may recover his or her costs,and this subsection is to apply whether or not it is an action that is brought jointly against the law enforcement officer and forensic specialist.

Amended by10/2015

(8)

To avoid doubt —

(a)

a forensic specialist does not cease to be acting on the direction of a police officer or law enforcement officer by reason only that that officer is not present at all times when the forensic specialist exercises any power under subsection (3); (b)a forensic specialist is not to be regarded as a member of the Police Force for the purposes of section 14 of the Government Proceedings Act 1956; and

(c)

(b)

photographing, measuring or otherwise making a record of the thing;

(c)

taking an impression or making a cast of the thing;

(d)

taking samples of or from the thing;

(e)

doing tests on the thing, or on any sample taken under paragraph (d), for forensic purposes,and includes dismantling, damaging or destroying the thing if it is reasonably necessary to do so in order to do all or any of the above;

Definition

“forensic procedure”, in relation to an individual, includes doing all or any of the following in relation to the individual:

(a)

taking a sample of a nail or from under a nail of an individual;

(b)

taking an impression or cast of a wound from the external parts of the individual’s body other than the individual’s private parts;

(c)

the taking of physical measurements (whether or not involving marking) for biomechanical analysis of an external part of the body other than the individual’s private parts;

(d)

taking of prints of the individual’s hands, fingers, feet or toes; (e)taking from the individual a sample of blood, a sample of head hair (including the roots thereof) or other body samples within the meaning of the Registration of Criminals Act 1949;

(f)

taking a swab, or using other means, to detect a relevant thing on the external parts of the individual’s body other than the individual’s private parts;

(g)

searching the individual (including the mouth);

(h)

removing any article that the individual is wearing, and searching any article so removed;

(i)

removing a relevant thing attached physically to those external parts of the individual’s body or taking a sample of that relevant thing; (j)photographing any relevant thing in the position it is found on the external parts of the individual’s body, or in the individual’s mouth;

Definition

“photograph” includes a digital image and a moving visual record;

Definition

“seize and detain”, in relation to any thing at a crime scene, includes a power to remove the thing from the crime scene when it is found and a power to guard the thing in or on the crime scene;

The powers that a civilian police assistant may be authorised under this section to exercise may be exercised —

(a)

only to the extent authorised by the Commissioner under this section and directed by a police officer; and

(b)

only in any case where an individual is suspected of making such noise in any premises or in any public place as to cause annoyance or inconvenience to the occupier of any other premises in the vicinity or to any person lawfully in a public place.

Amended by10/2015

(3)

The powers that a civilian police assistant may be authorised under this section to exercise are all or any of the following:

(a)

to ask the individual suspected of making such noise to state the individual’s name and residence;

(b)

to advise the individual to abate the nuisance;

(c)

to take statements from —

(i)

the individual mentioned in paragraph (a);

(ii)

any complainant against the individual mentioned in paragraph (a); or

(iii)

any other individual who may assist in the investigation of the case described in subsection (2)(b);

(d)

to require any individual or complainant mentioned in paragraph (c) to make and sign a declaration of the truth of the statement he or she makes;

(e)

to give or deliver to any such individual alleged to have committed an offence an offer of composition made by a duly authorised police officer.

Amended by10/2015

(4)

The Commissioner’s authorisation under subsection (1) for a civilian police assistant may also do all or any of the following:

(a)

limit the powers in subsection (3) that the civilian police assistant may exercise;

(b)

limit when the civilian police assistant may exercise the civilian police assistant’s powers in subsection (3) or any of them;

(c)

limit where in Singapore the civilian police assistant may exercise the civilian police assistant’s powers in subsection (3) or any of them;

(d)

limit the circumstances in which the civilian police assistant may exercise the civilian police assistant’s powers in subsection (3) or any of them.

Amended by10/2015

(5)

A civilian police assistant who is authorised under subsection (1) to exercise any power under subsection (3) —

(a)

must obey all lawful directions (general or specific) of the Commissioner and a police officer when exercising that power; and

(b)

is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising such power.

Amended by10/2015

(6)

Without affecting subsection (5), where any law or written law protects a police officer from liability for the police officer’s acts or omissions, that law or written law is taken to operate as if those acts or omissions included the civilian police assistant’s acts or omissions when acting in the course of his or her duty as a civilian police assistant in accordance with —

(a)

the written authorisation of the Commissioner under subsection (1); and

(b)

the lawful directions (general or specific) of the Commissioner and a police officer.

Amended by10/2015

(7)

To avoid doubt —

(a)

a civilian police assistant does not cease to be acting on the direction of a police officer by reason only that the police officer is not present at all times; and

(b)

a civilian police assistant is not to be regarded as a member of the Police Force for the purposes of section 14 of the Government Proceedings Act 1956.

Amended by10/2015

(8)

In this section, “abate”, for noise, includes prevent, reduce, eliminate and control the noise.

Amended by10/2015

(9)

Nothing in section 65C or this section derogates from the powers of the Director‑General of Public Health under Part 5 of the Environmental Public Health Act 1987, or section 15 of the Miscellaneous Offences (Public Order and Nuisance) Act 1906.

Amended by10/2015

Section 66

in the case of a volunteer or a volunteer ex‑NSman enrolled under section 68 as a member of the Special Constabulary, during the period he is ordered to report for duty (whether or not he has complied with such an order), or he volunteers for duty to assist the Police Force in the execution of its duties.

Amended by10/2015

(3)

Without affecting subsections (1) and (2), every special police officer when mobilised for active service under section 73 has the same powers and duties and the same protection and immunities as a police officer of corresponding rank.

Section 68

Enrolment of volunteers, etc.

Amended by10/201510/201510/2015

(1)

Subject to subsection (2), the Commissioner may enrol in the Special Constabulary any volunteer offering his or her service and desiring to serve as a member of the Special Constabulary.

Amended by10/2015

(2)

A volunteer who is not a citizen of Singapore must not be enrolled under subsection (1) without the approval of the Minister.

(3)

Despite subsection (2), the Commissioner may enrol under this section, as a volunteer ex‑NSman in the Special Constabulary, any former operationally ready national serviceman who had enlisted in the Special Constabulary where —

(a)

the Commissioner wants that former operationally ready national serviceman to continue to serve as a member of the Special Constabulary; and

(b)

Appointments, promotions and dismissals

Amended by10/2015

(1)

A special police officer not below the rank of assistant superintendent is to be appointed and promoted and may be reduced in rank or grade or dismissed or discharged by the Minister.

(2)

A special police officer of or below the rank of inspector is to be appointed and promoted and may be reduced in rank or grade or dismissed or discharged by the Commissioner or a Deputy Commissioner.

Amended by10/2015

(3)

A person who has been called up for national service in the Special Constabulary must not be dismissed or discharged under subsection (1) or (2) except with the prior approval of the proper authority appointed under the Enlistment Act 1970.

Section 70

Oath or affirmation

(1)

Every person enrolled under section 68 must take an oath or affirmation in such form as the Minister may prescribe before a police officer not below the rank of assistant superintendent.

(2)

A person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)

This section does not apply to national servicemen or operationally ready national servicemen.

Section 71

Warrant card

A warrant card must be issued to every special police officer and is evidence of his or her appointment under this Act.

Section 72

Discharge from Special Constabulary

Amended by10/201510/201510/2015

(1)

The Commissioner may discharge any special police officer of or below the rank of inspector if, in the opinion of the Commissioner, it is desirable in the public interest to do so.

(2)

A special police officer referred to in section 66(2)(a) or (b) is to be discharged from the Special Constabulary as follows:

(a)

from continuous full-time service in the Special Constabulary when he has completed the period of full‑time service prescribed by the Enlistment Act 1970;

(b)

from operationally ready national service in the Special Constabulary when —

(i)

the proper authority notifies him that he has been transferred from the Special Constabulary to another force specified by the proper authority;

(ii)

the proper authority notifies him that he is released from the Special Constabulary; or

(iii)

he ceases to be a person subject to the Enlistment Act 1970.

(3)

Any volunteer or volunteer ex‑NSman is entitled, except when mobilised under section 73, to be discharged from the Special Constabulary —

(a)

after giving to the Commissioner —

(i)

in the case of a volunteer ex-NSman, at least 3 months’ notice in writing of his intention to resign from the Special Constabulary; or

(ii)

in any other case, at least 14 days’ notice in writing of his or her intention to resign from the Special Constabulary; and

(b)

upon delivering to the Commissioner in good order (fair wear and tear excepted only) all arms, ammunition, accoutrement, uniform or other article or property belonging to the Government issued to the volunteer or volunteer ex‑NSman which may be in his or her possession.

Amended by10/2015

(3A)

The Commissioner may, without notice, discharge any special police officer who is a volunteer ex‑NSman; but this does not prevent him from offering his service and being enrolled subsequently as a volunteer under section 68(1).

Amended by10/2015

(3B)

Every special police officer who by resignation, dismissal, discharge or otherwise leaves the Special Constabulary must, before leaving, deliver up in good order (fair wear and tear excepted only) all arms, ammunition, accoutrement, uniform or other article or property belonging to the Government issued to him or her which may be in his or her possession.

Amended by10/2015

(4)

Nothing in this section is deemed to affect or limit any power of dismissal from the Special Constabulary conferred by or under this Act.

Section 73

Mobilisation

Amended by10/2015

(1)

With the permission of the Minister, the Commissioner may mobilise for active service the Special Constabulary or any part thereof to perform either general or special police duties.

(2)

Such active service must continue until an order is made by the Commissioner with the approval of the Minister stating the date of demobilisation.

(3)

Every special police officer who is so mobilised must assemble at such place and perform such service as the Commissioner or a Deputy Commissioner directs.

Amended by10/2015

Section 74

Penalty for refusal to serve when mobilised

(1)

A special police officer mobilised for active service who without reasonable excuse, the proof whereof shall lie on him or her, refuses or neglects to serve shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(2)

Any police officer may arrest without warrant any person where he or she believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Section 75

Absence without leave by special police officer

Amended by10/201510/2015

(1)

A special police officer referred to in section 66(2)(a) or (b), or who is a volunteer ex-NSman, who is absent without leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

Amended by10/2015

(2)

A special police officer referred to in section 66(2)(a) or (b), or who is a volunteer ex‑NSman, is absent without leave if he —

(a)

without authority leaves his place of duty;

(b)

without authority is absent from his place of duty;

(c)

having been authorised to be absent from his place of duty, fails to return to his place of duty at the end of the period for which his absence was authorised; or

(d)

having been notified to report for duty fails to report to his place of duty without lawful excuse.

Amended by10/2015

(3)

It is a defence for any person charged with an offence under this section to prove that his absence was a result of circumstances over which he had no control.

(4)

Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Section 76

Desertion by special police officer

Amended by10/2015

(1)

A special police officer referred to in section 66(2)(a) or (b), or who is a volunteer ex‑NSman, who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to imprisonment for a term not exceeding 10 years, and all arrears of emoluments due to him shall be forfeited.

Amended by10/2015

(2)

For the purposes of this section, a person deserts if he, being on duty, or having been notified to report for duty, without leave does not attend at or leaves his place of duty in circumstances which show that he has the intention to remain permanently absent without leave or of not returning to his duty.

(3)

Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Section 77

Prosecutions for disciplinary offences

Amended by15/2010

(1)

A special police officer accused of any disciplinary offence may, instead of being dealt with under section 81 or 82, be prosecuted in court.

(2)

A special police officer mentioned in subsection (1) shall on conviction of a disciplinary offence be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)

No prosecution under this section shall be instituted without the consent of the Public Prosecutor.

Amended by15/2010

Section 78

Disciplinary proceedings after conviction

Amended by10/201510/201510/2015

(1)

Where a special police officer below the rank of assistant superintendent is convicted under the provisions of any other written law of an offence, the Commissioner may, unless the conviction is set aside on appeal, and after giving the officer a reasonable opportunity to be heard —

(a)

reduce the special police officer in rank, grade or seniority; or

(b)

dismiss the special police officer from the Special Constabulary if he or she is a volunteer or a volunteer ex‑NSman.

Amended by10/2015

(2)

Where a special police officer not below the rank of assistant superintendent is convicted under the provisions of any other written law of an offence, the Minister may, unless the conviction is set aside on appeal, and after giving the officer a reasonable opportunity to be heard —

(a)

reduce the special police officer in rank, grade or seniority; or

(b)

dismiss the special police officer from the Special Constabulary if he or she is a volunteer or a volunteer ex‑NSman.

Amended by10/2015

(3)

Where a special police officer is dismissed following any conviction referred to in subsection (1) or (2), the Commissioner or Minister (as the case may be) may order the forfeiture of any arrears of emoluments due to the special police officer.

Amended by10/2015

Section 79

Interdiction

Amended by10/201510/201510/2015

(1)

A special police officer may be interdicted from the performance of duty by the Commissioner where —

(a)

the special police officer is charged in court for an offence and the Commissioner is of the opinion that the nature and gravity of the offence warrants that officer’s interdiction;

(b)

the special police officer is being investigated for having committed an offence under any written law and the Commissioner considers that it is undesirable for that officer to continue to exercise the powers or perform the duties of a special police officer;

(c)

disciplinary proceedings under this Part that may result in the special police officer’s dismissal or reduction in rank are or are to be instituted under this Part; or

(d)

the Commissioner considers that it is otherwise in the public interest that the special police officer should immediately cease to exercise the powers and perform the duties of a police officer.

Amended by10/2015

(2)

Where a special police officer has been interdicted under subsection (1), the Commissioner may order that the whole or any part of the special police officer’s emoluments that the Commissioner thinks fit be withheld during the period of interdiction.

Amended by10/2015

(3)

If the disciplinary proceedings under this Act against a special police officer who is interdicted under subsection (1) do not result in his or her dismissal or discharge, the special police officer is entitled to receive —

(a)

if the special police officer is reduced in rank or otherwise disciplined — the whole or such proportion of the emoluments withheld during the period of interdiction as the Commissioner may determine; or

(b)

if the special police officer is acquitted — the full amount of the emoluments or the part thereof withheld during the period of interdiction.

Amended by10/2015

Section 80

No resignation when disciplinary proceedings are pending

Despite any other provision of this Act, a special police officer must not, without the written permission of the Commissioner, resign from the Special Constabulary during the period —

(a)

when any disciplinary proceedings for a disciplinary offence or any prosecution for an offence under this Part instituted against the special police officer is pending;

(b)

after notice of intention to prefer disciplinary charges or to prosecute the special police officer for an offence under this Part is given to the special police officer; or

(c)

where the special police officer has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.

Section 81

Discipline of volunteer special police officers and volunteer ex‑NSmen

Amended by10/201510/201510/201510/201553/201810/201510/201510/201510/201553/201810/201510/201510/201510/201510/201510/2015

(1)

A special police officer who is a volunteer or a volunteer ex‑NSman and below the rank of assistant superintendent may be disciplined by —

(a)

a police officer not below the rank of assistant superintendent; or

(b)

a special police officer not below the rank of assistant superintendent,in accordance with this Act and the Special Constabulary Regulations.

Amended by10/2015

(2)

A special police officer who is a volunteer or a volunteer ex‑NSman and of or above the rank of assistant superintendent may be disciplined in accordance with this Act and the Special Constabulary Regulations by any police officer below the rank of Deputy Commissioner but of a higher rank than the special police officer concerned.

Amended by10/2015

(3)

Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer who is a volunteer or a volunteer ex‑NSman and below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments:

(a)

dismissal from the Special Constabulary;

(b)

detention of a volunteer ex-NSman for a period not exceeding 40 days;

(c)

reduction in rank, grade or seniority;

(d)

forfeiture of emoluments as follows:

(i)

up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman; (ii)up to 8 hours’ emoluments for a special police officer who is a volunteer;

(e)

reprimand;

(f)

stoppage of leave for a special police officer who is a volunteer ex‑NSman;

(g)

restriction of privileges for a special police officer who is a volunteer ex‑NSman;

(h)

extra duty for a special police officer who is a volunteer ex‑NSman;

(i)

caution.

Amended by10/2015

(4)

Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer who is a volunteer or a volunteer ex‑NSman and not below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments:

(a)

dismissal from the Special Constabulary;

(b)

reduction in rank, grade or seniority;

(c)

forfeiture of emoluments as follows:

(i)

up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman; (ii)up to 8 hours’ emoluments for a special police officer who is a volunteer;

(d)

stoppage or deferment of increment (of up to 2 years) for a special police officer who is a volunteer ex‑NSman;

(e)

reprimand.

Amended by10/2015

(5)

A reprimand must not be awarded against a special police officer of the rank of constable, and a caution must not be awarded against a special police officer above the rank of corporal.

(6)

A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (3) or (4), order the special police officer concerned to pay —

(a)

in the case of a special police officer below the rank of senior staff sergeant —

(i)

a fine not exceeding $1,500 if the special police officer is a volunteer ex‑NSman; or

(ii)

a fine not exceeding $200 for a special police officer who is a volunteer; (b)in the case of a special police officer of the rank of senior staff sergeant or higher but below the rank of assistant superintendent —

(i)

a fine not exceeding $2,000 if the special police officer is a volunteer ex‑NSman; or

(ii)

a fine not exceeding $200 for a special police officer who is a volunteer;

(c)

in the case of a special police officer of the rank of assistant superintendent or deputy superintendent —

(i)

a fine not exceeding $3,000 if the special police officer is a volunteer ex‑NSman; or

(ii)

a fine not exceeding $400 for a special police officer who is a volunteer;

(d)

in the case of a special police officer of the rank of superintendent or deputy assistant commissioner —

(i)

a fine not exceeding $6,000 if the special police officer is a volunteer ex‑NSman; or

(ii)

a fine not exceeding $400 for a special police officer who is a volunteer; or

(e)

in the case of a special police officer of the rank of assistant commissioner or higher —

(i)

a fine not exceeding $10,000 if the special police officer is a volunteer ex‑NSman; or

(ii)

a fine not exceeding $400 for a special police officer who is a volunteer.

Amended by53/2018

(7)

(b)

by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Commissioner or Deputy Commissioner is of the opinion that the case against the appellant should be re-tried, by ordering the case to be re‑tried by another disciplinary officer;

(c)

by replacing any finding by the disciplinary officer that, in the opinion of the Commissioner or Deputy Commissioner, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or

(d)

by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard.

Amended by10/2015

(15)

Every decision of the Commissioner or a Deputy Commissioner (as the case may be) under subsection (14) in any such appeal is final.

Amended by10/2015

(16)

A person sentenced to detention under this section must, unless otherwise provided for in the Special Constabulary Regulations, serve his or her sentence in a detention barrack.

Amended by10/2015

Section 82

Discipline of other special police officers

Amended by10/201510/201510/201510/201553/201810/201510/201510/201510/201553/201810/201510/201510/201510/201510/2015

(1)

A special police officer (other than a volunteer or a volunteer ex‑NSman) who is below the rank of assistant superintendent may be disciplined by —

(a)

a police officer not below the rank of assistant superintendent; or

(b)

a special police officer not below the rank of assistant superintendent,in accordance with this Act and the Special Constabulary Regulations.

Amended by10/2015

(2)

A special police officer (other than a volunteer or a volunteer ex‑NSman) of or above the rank of assistant superintendent may be disciplined in accordance with this Act and the Special Constabulary Regulations by any police officer below the rank of Deputy Commissioner but of a higher rank than the special police officer concerned.

Amended by10/2015

(3)

Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex‑NSman) below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments:

(a)

detention for a period not exceeding 40 days;

(b)

reduction in rank, grade or seniority;

(c)

forfeiture of up to 14 days’ emoluments;

(d)

reprimand;

(e)

stoppage of leave;

(f)

restriction of privileges;

(g)

extra duty;

(h)

caution.

Amended by10/2015

(4)

Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex-NSman) not below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that such special police officer be subject to any one of the following punishments:

(a)

reduction in rank, grade or seniority;

(b)

forfeiture of up to 14 days’ emoluments;

(c)

stoppage of increment for up to 2 years;

(d)

reprimand.

Amended by10/2015

(5)

A reprimand must not be awarded against a special police officer of the rank of constable, and a caution must not be awarded against a special police officer above the rank of corporal.

(6)

A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (3) or (4), order the special police officer concerned to pay —

(a)

in the case of a special police officer below the rank of senior staff sergeant — a fine not exceeding $1,500; (b)in the case of a special police officer of the rank of senior staff sergeant or higher but below the rank of assistant superintendent — a fine not exceeding $2,000;

(c)

in the case of a special police officer of the rank of assistant superintendent or deputy superintendent — a fine not exceeding $3,000;

(d)

in the case of a special police officer of the rank of superintendent or deputy assistant commissioner — a fine not exceeding $6,000; or

(e)

in the case of a special police officer of the rank of assistant commissioner or higher — a fine not exceeding $10,000.

Amended by53/2018

(7)

(b)

by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Commissioner or Deputy Commissioner is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re‑tried by another disciplinary officer;

(c)

by replacing any finding by the disciplinary officer that, in the opinion of the Commissioner or Deputy Commissioner, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or

(d)

by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard.

Amended by10/2015

(15)

Every decision of the Commissioner or a Deputy Commissioner (as the case may be) under subsection (14) in any such appeal is final.

Amended by10/2015

(16)

A sentence of detention imposed as a punishment under subsection (3)(a) takes effect from the date on which it was passed, unless the disciplinary officer passing the sentence otherwise directs.

(17)

A person sentenced to detention under this Act must, unless otherwise provided for in the Special Constabulary Regulations, serve his or her sentence in a detention barrack.

Section 83

Arrest for disciplinary offences after discharge

(1)

The Minister may make regulations necessary or expedient for the carrying out of the purposes of this Part.

(2)

Without limiting subsection (1), the Minister may make regulations for or with respect to special police officers on all or any of the following matters:

(a)

uniform and equipment;

(b)

arms to be carried;

(c)

training;

(d)

duties and responsibilities when not mobilised for service;

(e)

the manner of mobilisation and of discontinuing the same;

(f)

the investigation into, the conduct of disciplinary proceedings and the awarding of punishment, for disciplinary offences which may be dealt with by a disciplinary officer, including but not limited to —

(i)

the procedure to be observed in the bringing of charges before a disciplinary officer;

(ii)

the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating or dealing with such charges;

(iii)

the addition to, or substitution for, a charge which has been investigated or a new charge for a disciplinary offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge;

(iv)

the procedure to be observed in disciplinary proceedings before a disciplinary officer; and

(v)

empowering a disciplinary officer to amend a charge which is being heard by the disciplinary officer;

(g)

the classification, treatment, employment, discipline and control of special police officers serving sentences of detention, including the temporary or other release from detention for good conduct while in detention, for compassionate grounds or otherwise;

(h)

salaries and allowances;

(i)

awards in respect of death and personal injuries;

(j)

duties and responsibilities of members called up for national service or other service with the Special Constabulary;

(k)

any other matter which by this Part is required or permitted to be prescribed.

Amended by10/2015

(3)

All Special Constabulary Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

Section 86

Creation of Auxiliary Police Forces

Amended by10/201510/2015

(1)

The Commissioner may, with the approval of the Minister, authorise the creation by the Government or any statutory body, or by any company or other organisation carrying on business within Singapore (called in this Part the employer), of one or more Auxiliary Police Forces for all or any of the following purposes:

(a)

to safeguard life and any property of the employer;

(b)

to safeguard life and any property of any other person in Singapore;

(c)

to assist the Police Force in the maintenance of law and order and the detention or arrest of individuals that police officers are authorised to apprehend;

(d)

to assist any department of the Government or any statutory body in the discharge of any duty imposed or function conferred under any written law;

(e)

to carry out such security activity as the Commissioner may approve.

Amended by10/2015

(2)

The Commissioner may, in authorising the creation of an Auxiliary Police Force under subsection (1), impose any conditions that the Commissioner thinks fit.

(3)

Without limiting subsection (2), the conditions that may be imposed under that subsection in relation to an Auxiliary Police Force include —

(a)

restricting the Auxiliary Police Force to carrying out only such security activity as the Commissioner may specify in the authorisation under subsection (1);

(b)

requiring that the approval of the Commissioner be first obtained before the Auxiliary Police Force carries out any new security activity in the course of business or for remuneration;

(c)

requiring the employer of the Auxiliary Police Force to pay an annual fee of a prescribed amount to the Commissioner; and

(d)

where the employer is other than the Government or a statutory body —

(i)

requiring at least one-half of the voting shares of the company or organisation to be held by Singapore citizens; and

(ii)

requiring the employer to seek the Minister’s approval before any change in the substantial shareholder of the company or organisation occurs.

(4)

The Commissioner may at any time, by written notice to the employer of the Auxiliary Police Force concerned, vary any condition imposed under subsection (2) or impose any additional condition on an employer of an Auxiliary Police Force.

(5)

Before varying any condition or imposing additional conditions on an employer of an Auxiliary Police Force under subsection (4), the Commissioner must notify the employer of the Commissioner’s intention to do so and must give the employer an opportunity to be heard as to why the conditions should not be so varied or the additional conditions should not be imposed, as the case may be.

(6)

Any decision of the Commissioner under subsection (5) in relation to an Auxiliary Police Force does not take effect —

(a)

until the 31st day after the date on which the decision is communicated to the employer of the Auxiliary Police Force concerned; or

(b)

where an appeal against the decision is made to the Minister under subsection (7), until the appeal has been determined or withdrawn.

(7)

Any employer of an Auxiliary Police Force who is aggrieved by the decision of the Commissioner under subsection (2) or (4) may, within 30 days after receiving notice of the Commissioner’s decision, appeal against the decision in writing to the Minister.

(8)

The decision of the Minister on an appeal under subsection (7) is final.

(9)

The Minister may designate any of the following to hear and determine, in the Minister’s place, any appeals or a specific appeal under this section:

(a)

any Minister of State or Parliamentary Secretary for the Minister’s Ministry; (b)any public officer in that Ministry not subordinate to the Commissioner whose decision is appealed against,and any reference in this section to the Minister includes a reference to the Minister of State, Parliamentary Secretary or public officer so designated for that appeal.

Amended by10/2015

(10)

A person, not being an employer of an Auxiliary Police Force authorised by the Commissioner under this section, who —

(a)

in the course of any business carries on any security activity; or

(b)

advertises or in any way holds out that the person carries on, or is willing to carry on, for remuneration any security activity,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.

Section 87

Special features of employer of Auxiliary Police Force

(1)

An employer of an Auxiliary Police Force (other than the Government) must not be merged or consolidated with, or taken over by —

(a)

any other employer of an Auxiliary Police Force; or

(b)

any other person (not being such an employer),without the prior written approval of the Minister.

(2)

For the purposes of subsection (1), the Minister may prescribe in the Auxiliary Police Forces Regulations the circumstances under which an employer of an Auxiliary Police Force would be considered to be merged or consolidated with, or taken over by, any other person.

(3)

An employer of an Auxiliary Police Force (other than the Government or a statutory body) must not, on or after 12 October 2004, appoint a person as its chief executive officer unless it has obtained the prior approval of the Commissioner.

(4)

Unless the Minister otherwise approves, the chief executive officer of an employer of an Auxiliary Police Force and at least one‑half of its directors must be citizens of Singapore.

(5)

A chief executive officer of an employer of an Auxiliary Police Force who was appointed before 12 October 2004 is not permitted by the employer to act as such on or after that date unless —

(a)

his or her appointment as chief executive officer of the employer was approved by the Commissioner before that date; or

(b)

his or her appointment as chief executive officer of the employer is approved by the Commissioner on a written application by the employer made within 6 months after 12 October 2004, or such longer period as the Commissioner may allow.

(6)

Where the Commissioner does not approve the appointment of a person as chief executive officer under subsection (3) or (5), the employer of an Auxiliary Police Force concerned must immediately remove the person from such office.

(7)

This section has effect despite any other written law or of the memorandum or articles of association, or other constitution, of a company.

(8)

In this section —

Definition

“chief executive officer”, in relation to a company or an organisation that is the employer of an Auxiliary Police Force, means the person principally responsible for the management and conduct of any type of business of the company or organisation in Singapore, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer;

Definition

“director” has the meaning given by section 4(1) of the Companies Act 1967.

Section 88

Controls over ownership of employer of Auxiliary Police Force

(1)

A person must not, on or after 12 October 2004 —

(a)

become a substantial shareholder of an employer of an Auxiliary Police Force; or

(b)

if he or she is not a citizen of Singapore, enter into any agreement or arrangement, whether oral or in writing and whether express or implied, to act together with any other person (whether or not a citizen of Singapore) with respect to the acquisition, holding or disposal of, or the exercise of rights in relation to, their interests in voting shares in an employer of an Auxiliary Police Force, of —

(i)

where the employer is a company, an aggregate of more than 50% of the total votes attached to all voting shares in the employer; or

(ii)

where the employer is an organisation other than a company, an aggregate of more than 50% of the nominal amount of all voting shares in the employer,without first obtaining the approval of the Minister.

(2)

Subject to subsection (4), a person who —

(a)

immediately before 12 October 2004, is a substantial shareholder of an employer of an Auxiliary Police Force must not continue to be a substantial shareholder unless he or she has, within 6 months after 12 October 2004, or such longer period as the Minister may allow, applied to the Minister for approval to continue to be such a shareholder; or

(b)

at any time before 12 October 2004, if he or she is not a citizen of Singapore, has entered into any agreement or arrangement referred to in subsection (1)(b) must not continue to be a party to such an agreement or arrangement unless he or she has, within 6 months after that date, or such longer period as the Minister may allow, applied to the Minister for approval to continue to be a party to such an agreement or arrangement.

(3)

The Minister may approve an application made by any person under subsection (1) or (2) if the Minister is satisfied that —

(a)

the person is a fit and proper person;

(b)

having regard to the person’s likely influence, the employer of the Auxiliary Police Force will or will continue to conduct its business prudently and comply with the provisions of this Act; or

(c)

it is in the national interest to do so.

(4)

Any approval under this section may be granted to any person subject to any conditions that the Minister may determine, including but not limited to any condition —

(a)

restricting the person’s disposal or further acquisition of shares or voting power in the employer of an Auxiliary Police Force; or

(b)

restricting the person’s exercise of voting power in that employer.

(5)

Any condition imposed under subsection (4) has effect despite any of the provisions of the Companies Act 1967 or anything contained in the memorandum or articles of association, or other constitution, of the employer of an Auxiliary Police Force.

(6)

Where the Minister does not approve an application made by any person under subsection (1) or (2), the person must, within such time as the Minister may specify, take such steps as are necessary —

(a)

in the case of subsection (1)(a) or (2)(a), to cease to be a substantial shareholder; or

(b)

in the case of subsection (1)(b) or (2)(b), to cease to be a party to the agreement or arrangement.

(7)

The Minister may, by order in the Gazette, make any further transitional provisions that the Minister considers necessary or expedient for the purposes of this section.

(8)

(2)

The Commissioner may conduct an investigation if there are reasonable grounds for suspecting that —

(a)

any provision of this Part;

(b)

any part of any code of practice issued under section 89(1);

(c)

any directive issued under section 89(3); or

(d)

any condition of authorisation imposed under section 86(2) or (4),has been infringed, or is being or is likely to be infringed, by an employer of an Auxiliary Police Force.

(3)

Subject to section 89(5), where —

(a)

following an investigation conducted under subsection (2), the Commissioner considers that an employer of an Auxiliary Police Force is infringing, likely to infringe or has infringed any provision of this Part or of any code of practice issued under section 89(1), any directive issued under section 89(3) or any condition imposed under section 86(2) or (4);

(b)

the employer (other than the Government or a statutory body) has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

(c)

the employer (other than the Government or a statutory body) has made any assignment to, or composition with, its creditors; or

(d)

the public interest or national security of Singapore so requires,the Commissioner may, in writing and without any liability for compensation, do all or any of the following:

(i)

direct that employer to comply with the provision of this Part or of any code of practice issued under section 89(1), any directive issued under section 89(3) or any condition imposed under section 86(2) or (4) or cease infringing that provision, code of practice, directive or condition, as the case may be;

(ii)

specify any procedure or action to be observed or taken by that employer;

(iii)

require that employer to furnish performance bonds, banker’s guarantees and any other securities for such amounts and on such terms as the Commissioner sees fit;

(iv)

require that employer to modify or terminate any agreement, decision or concerted practice or any other conduct in question;

(v)

suspend for a period not exceeding 6 months —

(A)

the authorisation for the creation of the Auxiliary Police Force under section 86(1); or

(B)

any condition imposed under section 86(2) for any security activity carried out by the Auxiliary Police Force;

(vi)

revoke —

(A)

the authorisation for the creation of the Auxiliary Police Force under section 86(1); or

(B)

any condition imposed under section 86(2) for any security activity carried out by the Auxiliary Police Force;

(vii)

impose on an employer (other than the Government) a financial penalty not exceeding —

(A)

$1 million for each act of infringement (whether continuing or not) of any provision of this Part or any code of practice issued under section 89(1); or

(B)

$50,000 for each act of infringement (whether continuing or not) of any directive issued under section 89(3) or any condition imposed under section 86(2) or (4);

(viii)

impose such other direction or restriction as the Commissioner considers appropriate.

(4)

A person who, without reasonable excuse, fails to comply with any direction given under subsection (3) shall be guilty of an offence.

(5)

Before the Commissioner does anything under subsection (3), the Commissioner must —

(a)

give written notice to the employer likely to be affected by such action by the Commissioner; and

(b)

give such employer an opportunity to make representations to the Commissioner.

(6)

If any dispute arises from one or more provisions of a code of practice, the dispute is, where it is so provided in such provisions, to be determined by the Commissioner on the application for that purpose by any aggrieved person to the Commissioner.

(7)

A person who is aggrieved by any act, direction or decision of the Commissioner under subsection (3) or (6) may, within 14 days of the date on which the person is notified of the act, direction or decision, or such longer period as the Minister may allow, appeal to the Minister in the prescribed manner.

(8)

Unless otherwise provided or allowed by the Minister, where an appeal is lodged under subsection (7), the act, direction or decision appealed against must be complied with until the determination of the appeal.

(9)

The Minister may confirm, vary or reverse the act, direction or decision of the Commissioner or give any directions on the matter that the Minister thinks fit.

(10)

The decision of the Minister in any appeal under subsection (7) is final.

(11)

Any financial penalty payable by any person under subsection (3)(vii) is recoverable by the Commissioner as a debt due to the Government from that person; and the person’s liability to pay is not affected by any authorisation under section 86 for his or her Auxiliary Police Force ceasing (for any reason) to be in force.

(12)

(6)

employees of any statutory body, company or other organisation within Singapore,after any consultation with their employer that the Commissioner considers necessary, in work of a nature which, in the opinion of the Commissioner, renders the conferment of the powers of a police officer necessary or desirable.

(3)

Every person appointed under subsection (2) must carry a warrant card issued by the Commissioner.

(4)

The powers, privileges and immunities of a police officer may be conferred on an auxiliary police officer appointed under subsection (1) or (2) in such manner and subject to such limitations as may be specified by the Commissioner either in the warrant card or in such other form as the Commissioner may determine.

(5)

Every auxiliary police officer who exercises any police power conferred under this Act in the performance of his or her duties or who carries out any duties of a police officer prescribed in this Act is deemed to be a public servant for the purposes of the Penal Code 1871.

(6)

Every auxiliary police officer must on appointment take before a senior police officer an oath of office and an oath of allegiance prescribed by the Oaths and Declarations Act 2000 in such manner as may be prescribed in the Auxiliary Police Forces Regulations.

(7)

Every auxiliary police officer must comply with every relevant directive issued under section 89(3), and failure to do so is a disciplinary offence.

Section 93

Conditions of service of auxiliary police officers

Amended by10/201510/2015

(1)

The emoluments, pensions, welfare and conditions of service of every auxiliary police officer and his or her day‑to‑day duties are matters entirely within the jurisdiction of the Government, if he or she is employed by the Government, or the statutory body, company or other organisation employing him or her.

Amended by10/2015

(2)

The standard arms, ammunition and other accoutrements are provided at the expense of the Government or such statutory body, company or organisation, whichever being the employer of the auxiliary police officer.

(3)

Section 16 applies to auxiliary police officers who are members of an Auxiliary Police Force as it applies to police officers, except that auxiliary police officers are not precluded from making representations of the nature mentioned in section 16(4) to the statutory body, company or other organisation employing them.

(4)

The Commissioner may, after consulting the statutory body, company or other organisation that is the employer of an Auxiliary Police Force, second one or more police officers for service with such Force, and the emoluments of those police officers are, during the secondment, to be paid by that statutory body, company or other organisation, as the case may be.

Amended by10/2015

Section 94

Cancellation of warrant cards

(1)

A person ceases to be an auxiliary police officer immediately upon his or her dismissal by, or his or her resignation from the service of, the Government or by any statutory body, company or other organisation employing him or her (as the case may be) in its Auxiliary Police Force.

(2)

Immediately on ceasing to be an auxiliary police officer, the person mentioned in subsection (1) must surrender his or her warrant card to the Commissioner through the person’s former employer or the Commander of the Auxiliary Police Force, and the Commissioner must cancel the warrant card.

(3)

Despite subsections (1) and (2), the Commissioner may, after prior notice to the employer concerned, cancel at any time the warrant card issued to any auxiliary police officer, who then ceases to be an auxiliary police officer.

Section 95

Discipline of auxiliary police officers

(1)

Subject to subsection (2), an auxiliary police officer accused of any of the offences specified in the Auxiliary Police Forces Regulations may, instead of being punished by the imposition of any of the disciplinary punishments specified in those Regulations, be prosecuted in court, and in such event shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

(2)

Every auxiliary police officer who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both, in addition to any lesser disciplinary punishment authorised under the Auxiliary Police Forces Regulations.

(3)

For the purposes of this section, a person deserts if he or she —

(a)

leaves or fails to attend at his or her place of duty in his or her Auxiliary Police Force with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his or her place of duty in the Force, thereafter forms the like intention; or

(b)

absents himself or herself without leave with intent to avoid service in the Auxiliary Police Force or mobilised service.

(4)

The Commissioner and any person authorised in writing in that behalf by the Commissioner, for the purposes of the execution of this Act, have the power to do all or any of the following:

(a)

to enter, inspect and examine by day or by night the place of business of every employer;

(b)

to require the production of records, accounts and documents kept by the employer and to inspect, examine and copy any of them;

(c)

to take such photographs and make such inquiry with the employer or any employee of the Auxiliary Police Force as may be necessary to ascertain whether the provisions of this Act are complied with.

(3)

A person who —

(a)

refuses the Commissioner or any authorised officer to enter or search, access to any place;

(b)

assaults, obstructs, hinders or delays the Commissioner or any authorised officer in effecting any entrance which the Commissioner or the authorised officer is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;

(c)

fails to comply with any lawful demand of the Commissioner or any authorised officer in the execution of his or her duty under this Act; or

(d)

refuses or neglects to give any information which may reasonably be required of the person and which he or she has it in his or her power to give,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 12 months or to both.

(4)

For the purposes of Division 1 of this Part, the Commissioner or a person authorised in that behalf by the Commissioner may, by written notice, direct any employer of an Auxiliary Police Force to obtain from any of its shareholders and to transmit to the Commissioner information —

(a)

as to whether that shareholder holds any share in the employer of an Auxiliary Police Force as beneficial owner or as trustee; and

(b)

if the shareholder holds the share as trustee, to indicate, so far as he or she can, the person for whom he or she holds the share (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his or her interest,and the employer must comply with that direction within such time as may be specified in the notice.

(5)

The Commissioner may, by written notice, require any shareholder of an employer of an Auxiliary Police Force, or any person who appears from the information provided to the Commissioner under subsection (4) or this subsection to have an interest in any share in such an employer, to inform the Commissioner —

(a)

whether the shareholder holds that interest as beneficial owner or as trustee, and if he or she holds the interest as trustee, to indicate, so far as he or she can, the person for whom he or she holds the interest (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his or her interest; or

(b)

whether any share or any voting right attached to the share is the subject of an agreement or arrangement described in section 88, and if so, to give particulars of the agreement or arrangement and the parties to it,and the person must comply with that notice within such time as may be specified in the notice.

(6)

A person who —

(a)

fails to comply with a notice under this section; or

(b)

in purported compliance of the notice, knowingly or recklessly makes a statement which is false in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.

Section 104

Auxiliary Police Forces Regulations

Amended by40/2019

(1)

The Minister may make regulations to carry out the purposes of this Part.

(2)

Without limiting subsection (1), the Minister may make regulations for or with respect to —

(a)

the organisation, structure and management of Auxiliary Police Forces;

(b)

the schemes of training for auxiliary police officers;

(c)

the appointments and promotions of auxiliary police officers;

(d)

the discipline and punishment of auxiliary police officers, including a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years or both for any auxiliary police officer who is convicted of an offence under these regulations;

(e)

the uniform and equipment, arms and ammunition to be carried by auxiliary police officers;

(f)

the auditing of the conduct of operation, suitability and availability, recruitment and training of an Auxiliary Police Force as may be necessary for preventing abuse or neglect of duty, and for rendering the Auxiliary Police Force efficient in the discharge of their duties and for the carrying out of the objects of this Act;

(g)

the establishment and administration of any association established for the welfare of auxiliary police officers and the control of the funds of any such association and the collection of subscriptions from members thereof;

(h)

the powers and procedure of a Compensation Board, including the awarding of costs and referring questions of law to the General Division of the High Court;

(i)

such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Auxiliary Police Forces efficient in the discharge of their duties and for carrying out the objects of this Act; and

(j)

any other matter which by this Part is required or permitted to be prescribed.

Amended by40/2019

(3)

All Auxiliary Police Forces Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

Section 105

Liability of Government for acts committed by auxiliary police officer

(1)

Any act done or omitted to be done by any auxiliary police officer employed by any statutory body, company or other organisation is deemed to be an act done or omitted to be done in the course of his or her employment with such statutory body, company or other organisation, as the case may be.

(2)

The Government shall not be liable for any act done or omitted to be done by any auxiliary police officer who is not employed by the Government.

Section 106

Police Fund

(1)

The Police Fund established under the repealed Act continues and is applied for the purposes specified in this Part.

(2)

The Police Fund consists of —

(a)

all sums forfeited by or fines inflicted on police officers under the powers conferred by this Act, and all sums recoverable from police officers under this Act and which are payable to the Police Fund;

(b)

such proportion as the Commissioner may think fit of sums paid for extra or special services of police officers, special police officers or former police officers or special police officers;

(c)

all fines levied for assaults on police officers;

(d)

all illegal gratifications offered to police officers and confiscated by an order of court;

(e)

donations offered to the Police Fund and accepted by the Commissioner;

(f)

moneys accruing as interest on loans made from the Police Fund;

(g)

all moneys from time to time appropriated from the Consolidated Fund and authorised to be paid into the Police Fund by this Act or any other written law;

(h)

all other revenues of Singapore allocated by any written law to the Police Fund; and

(i)

the net income from investments of moneys in the Police Fund authorised to be made by this Act or any other written law.

(3)

The Police Fund must be regarded as a Government fund and as comprising public moneys for the purposes of any other written law.

(4)

For the purposes of subsection (2)(i), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Police Fund any profit derived or loss sustained (as the case may be) from the realisation of such investments.

(5)

The Commissioner is responsible for the control, supervision and management of all moneys of the Police Fund in accordance with this Act and the Police Regulations.

Section 107

Purposes of Police Fund

(1)

The moneys in the Police Fund may be withdrawn and applied for all or any of the following purposes only:

(a)

rewarding police officers or special police officers who are serving or who have retired on full pension, gratuity, allowance or other benefits for extra or special services rendered by them;

(b)

paying for expenses not chargeable to the public revenue for conducting events or other activities related to the welfare of police officers or special police officers who are serving, or who have retired on full pension, gratuity, allowance or other benefits;

(c)

granting loans to police officers or special police officers who are serving, or who have retired on full pension, gratuity, allowance or other benefits, on rates and terms in accordance with the Police Regulations.

(2)

Moneys must not be withdrawn from the Police Fund unless they are charged upon the Police Fund or are authorised or directed to be withdrawn or transferred under this Act.

(3)

All expenses incidental to or arising from the administration, investment and management of moneys in the Police Fund are charged upon and payable out of the Police Fund.

Section 108

Lost property

Amended by10/201510/201510/201510/201510/201510/2015

(1)

Where any lost property is deposited with a police officer at a police station or otherwise, the lost property is to be disposed of as follows:

(a)

if the lost property is cash, it must, unless it is required to assist in the identification of its owner, be paid into a deposit account (within the meaning of the Financial Procedure Act 1966) specially established for this purpose, and the cash is deemed to be lost property in the custody of the Police Force;

(b)

if there is a person who appears, to the satisfaction of the Commissioner, to be the owner, the lost property in the custody of the Police Force must be returned to that person unless that person —

(i)

cannot be located after reasonable inquiry; or

(ii)

does not exercise his or her right to recover the property;

(c)

if the lost property becomes unclaimed property, the Commissioner may cause the whole or any part of unclaimed property —

(i)

to be sold (by public auction or otherwise) and the proceeds of the sale to be paid into the Consolidated Fund;

(ii)

if cash, to be forfeited and paid into the Consolidated Fund; or

(iii)

to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.

Amended by10/2015

(2)

Where any lost property is deposited with a police officer under subsection (1), the lost property becomes unclaimed property if, at the end of 30 days after the day on which the property was so deposited —

(a)

there is no person who appears, to the satisfaction of the Commissioner, to be the owner of the lost property; or

(b)

there is such a person but that person has not been located after reasonable inquiry or that person has not exercised his or her right to recover the lost property by a claim.

Amended by10/2015

(3)

The proceeds of a sale of unclaimed property under this section must be applied as follows:

(a)

firstly, in payment of the expenses occasioned by the sale;

(b)

secondly, in payment of storage or other expenses incurred by the Commissioner in relation to the property;

(c)

thirdly, by payment of the balance into the Consolidated Fund.

Amended by10/2015

(4)

A person who buys movable property that is lost property sold by or on the authority of the Commissioner under this section obtains good title to that property.

Amended by10/2015

(5)

Despite subsection (1), if a person who appears, to the satisfaction of the Commissioner, to be the owner of lost property claims, before the end of one year starting from the day on which the property was deposited with a police officer under subsection (1), that property after it has become unclaimed property, the Commissioner may do as follows:

(a)

if the property remains in the custody of the Police Force, the Commissioner may authorise the property to be returned to the person; (b)if the property (being cash) or the proceeds of the sale of the property were paid into the Consolidated Fund, the Commissioner may authorise the refund of the property or the proceeds of the sale to the person.

Amended by10/2015

(6)

A finder of any lost property deposited under subsection (1) has no rights in relation to that property by reason of being the finder, and a police officer who comes into possession of any lost property in the course of his or her duties does not have the rights of a finder in relation to that property.

(b)

apply the proceeds of the sale to meet the expenses incurred by the Commissioner in storing and disposing of the property, and pay the balance (if any) to the Consolidated Fund.

(5)

Despite anything in this section, where the owner of any movable property appears after it has been disposed under subsection (4) and claims the same, restitution must be made, on the claim being established to the satisfaction of the Commissioner.

Section 110

Perishable or low value property, etc.

Amended by10/201510/201510/201510/2015

(1)

Where it appears to the Commissioner that any lost property referred to in section 108 or any property of a deceased person referred to in section 109 —

(a)

is cash of not more than $1,000 or the equivalent in foreign currency;

(b)

is perishable;

(c)

may rapidly depreciate in value; or

(d)

is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Police Force to retain custody of the property,this section applies despite sections 108 and 109.

Amended by10/2015

(2)

Subject to subsection (3), where this section applies to any lost property and any property of a deceased person referred to in sections 108 and 109, respectively, the Commissioner may cause the property —

(a)

to be paid into the Consolidated Fund at once;

(b)

to be sold (by public auction or otherwise) at once and the proceeds of sale to be paid into the Consolidated Fund; or

(c)

to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.

Amended by10/2015

(3)

Where any lost property or any property of a deceased person referred to in section 108 or 109 —

(a)

is paid into the Consolidated Fund under subsection (2)(a); or

(b)

is sold (by public auction or otherwise) under subsection (2)(b),the cash or the proceeds of the sale (as the case may be) are to be dealt with in the same manner as the property would have been required by section 108 or 109 (as the case may be) to be dealt with if not so paid or sold.

Amended by10/2015

(4)

A person who buys property sold by or on the authority of the Commissioner under this section obtains good title to that property.

Amended by10/2015

Section 110A

Outsourcing function as regards lost and unclaimed property

Amended by10/2015

The Commissioner (and no other) may, under his or her hand in writing, appoint any person outside of the Police Force as an independent contractor to exercise any power conferred or perform any duty imposed on the Commissioner under section 108, 109 or 110, and any reference in any such provision to the Commissioner includes a reference to such a person if appointed.

Section 111

The Minister may, by regulations, prescribe any offence under this Act (except a service offence or disciplinary offence) as a compoundable offence.

Amended by10/2015

(2)

The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:

(a)

one half of the amount of the maximum fine that is prescribed for the offence; (b)$5,000.

Amended by10/2015

(3)

On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

Amended by10/2015

Section 113

Jurisdiction of court

(1)

Nothing in this Act affects the jurisdiction of any court to try a person for any offence under any other written law triable by the court where the act or omission of that person also constitutes a service offence.

(2)

Where a person subject to this Act has been charged with a service offence and has had the charge dealt with by a disciplinary officer, a court is debarred from trying the person subsequently for an offence substantially the same as that offence.

(3)

Except as provided in subsections (2) and (5) and section 115, nothing in this Act is to be construed as restricting the jurisdiction of any court to try a person subject to this Act for an offence.

(4)

For the purposes of this section, a case is deemed to have been dealt with by a disciplinary officer even though the finding of that officer has been quashed, or the award of that officer quashed or varied, on the review thereof.

(5)

A person subject to this Act must not be tried by a court for any service offence unless the Public Prosecutor has given his or her consent for the trial.

(6)

Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.

Section 114

Persons not to be disciplined for offence already disposed of

Where a person subject to this Act —

(a)

has been tried for a service offence by a court; or

(b)

Without affecting any other provisions of this Act, such regulations may provide for —

(a)

the organisation and distribution of the Police Force;

(b)

appointments, emoluments, resignations, discharges, dismissals, reductions, reversions and conditions of service;

(c)

the investigation into, the conduct of disciplinary proceedings and the awarding of punishment, for disciplinary offences which may be dealt with by a disciplinary officer, including but not limited to —

(i)

the procedure to be observed in the bringing of charges before a disciplinary officer;

(ii)

the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating or dealing with such charges;

(iii)

the addition to, or substitution for, a charge which has been investigated of a new charge for a disciplinary offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge;

(iv)

the procedure to be observed in disciplinary proceedings before a disciplinary officer; and

(v)

empowering a disciplinary officer to amend a charge which is being heard by him or her;

(d)

leave of absence;

(e)

the uniforms, arms and accoutrements to be provided;

(f)

the administration of the Police Fund;

(g)

the administration of any association established for the welfare of police officers and the control of the funds of any such association and the collection from members thereof of subscriptions to the association;

(h)

the appointment, release, discharge of forensic specialists and civilian police assistants, and the terms and conditions of service of forensic specialists and civilian police assistants who are not public officers;

(i)

the administration, organisation and discipline of forensic specialists and civilian police assistants, including (in particular) requiring compliance with any provision of the Police General Orders or Force Orders;

(j)

such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Police Force efficient in the discharge of its duties, and for carrying out the objects of this Act; and

(k)

any other matter which by this Act (except Parts 8 and 9) is required or permitted to be prescribed.

Amended by10/2015

(3)

Such regulations, if so provided therein, are applicable to and binding on all members of the public service of Singapore employed in connection with the Police Force, even though they are not police officers, in the same manner as if they were police officers.

(4)

All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

Section 118

Police General Orders

(1)

The Commissioner may make such orders not inconsistent with the provisions of this Act and of the Police Regulations to be called the Police General Orders as the Commissioner may think expedient.

(2)

Without limiting subsection (1), such Police General Orders may provide for —

(a)

discipline and the regulation and carrying out of punishment;

(b)

classifications and promotions;

(c)

instructions and examinations;

(d)

inspections, drills, exercises and parades;

(e)

police services and duties of every description and the manner in which they must be carried out;

(f)

the institution and maintenance of police messes, canteens and reading rooms;

(g)

departmental expenditure;

(h)

buildings, grounds, stores, furniture and equipment;

(i)

transfers of police officers, the places at which they may reside and the particular services to be performed by them;

(j)

the collection and communication of intelligence and information;

(k)

the manner and form of reports, correspondence and other records;

(l)

the performance of any act which may be necessary for the proper carrying out of the provisions of this Act or any other Act or any regulations made thereunder or for the efficient discharge of any duty imposed by any written law on the Police Force or any member thereof; and

(m)

such other matters as may be necessary and expedient for preventing abuse or neglect of duty, for rendering the Police Force efficient in the discharge of its duties, and for carrying out the provisions of this Act.

Section 119

Force Orders and Standing Orders

(1)

The Commissioner may issue orders of a routine nature to be called the Force Orders not inconsistent with the provisions of this Act, Police Regulations or Police General Orders for the control, direction and information of the Police Force.

(2)

A commanding officer may issue orders to be called the Standing Orders not inconsistent with the provisions of this Act or Police Regulations, Police General Orders or Force Orders for the control, direction and information of the police in his or her command.

Section 120

Police General Orders, etc., need not be published in Gazette

It is not necessary to publish any Police General Orders, Force Orders or Standing Orders in the Gazette.

Section 120A

Wearing and possession of police uniforms, etc., by others

Amended by10/201553/201853/201810/201528/201710/201510/201510/201553/201810/2015

(1)

A person who, when the person is not a police officer —

(a)

wears or possesses any police uniform, or uses any police insignia —

(i)

for the purpose of personating or representing himself or herself as a police officer; or

(ii)

knowing that it is likely to cause any member of the public to believe that he or she is a police officer;

(b)

uses the designation of a police officer or a rank of the Police Force or the Special Constabulary, in connection with any business, occupation or employment —

(i)

for the purpose of personating or representing himself or herself as a police officer; or

(ii)

knowing that it is likely to cause any member of the public to believe that he or she is a police officer; (c)represents himself or herself, by word or conduct, to be a police officer for the purpose of personating or representing himself or herself as a police officer; or

(d)

wears or possesses any police uniform, or uses any police insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —

(i)

that the person holds a licence from the Commissioner referred to in subsection (4)(a); (ii)that the person receives, or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Police Force or the Special Constabulary;

(iii)

that the Police Force or the Special Constabulary has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Police Force or the Special Constabulary; or

(iv)

that the person has the sponsorship or approval of the Police Force or the Special Constabulary for any goods or services provided by or on behalf of the person,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

Amended by10/201553/2018

(2)

A police officer who wears a police uniform or uses any police insignia otherwise than —

(a)

in the course of, and for the purpose of, exercising the functions of a police officer; or

(b)

for such other purpose authorised in writing by the Commissioner,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

Amended by53/2018

(3)

It is a defence to a prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —

(a)

the accused had the express permission of the Commissioner to wear or possess the police uniform or use the police insignia, as the case may be; or

(b)

the accused wore or possessed the police uniform or used the police insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958.

Amended by10/201528/2017

(4)

A person (whether or not a police officer) who —

(a)

manufactures or sells any police uniform or police insignia otherwise than in accordance with a licence granted to the person by the Commissioner;

(b)

sells any police uniform or police insignia to a person who is neither a police officer nor otherwise authorised or permitted under subsection (2) to possess or wear the police uniform or use the police insignia; or

(c)

gives or furnishes, whether or not for a consideration, any police uniform or police insignia to a person who is neither a police officer nor otherwise authorised or permitted under subsection (3) to possess or wear the police uniform or use the police insignia,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 3 years or to both.

Amended by10/2015

(5)

It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —

(a)

the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the police uniform or police insignia was sold, given or furnished was —

(i)

a police officer; or

(ii)

a person otherwise authorised or permitted under subsection (3) to possess or wear the police uniform or use the police insignia; or

(b)

the accused had received from the person to whom the police uniform or police insignia was sold, given or furnished evidence purporting to show that —

(i)

that person was a police officer or was otherwise authorised or permitted under subsection (2) to possess or wear the police uniform or use the police insignia; and

(ii)

it was reasonable to and he or she did accept that evidence as correct.

Amended by10/2015

(6)

An offence under subsection (1), (2) or (4) is an arrestable offence.

Amended by10/201553/2018

(7)

In this section —

Amended by10/2015

Definition

“police insignia” means —

(a)

any items (being insignia, emblems, logos, symbols, representation, devices, badges of rank or other things) that are generally recognised as pertaining to the Police Force or the Special Constabulary or as being used by police officers;

(b)

“use”, in relation to police insignia, includes —

(a)

driving on a public road a vehicle that has on it any police insignia; and

(b)

using a reproduction or representation of police insignia, but does not include wearing a police uniform.

Amended by10/2015

Section 121

Saving and transitional provisions

(1)

Any notice, order, permission or other document prepared, made, granted or approved by or under the authority of the Commissioner or Deputy Commissioner under the repealed Act or any of its subsidiary legislation, so far as it is not inconsistent with the provisions of this Act or any of its subsidiary legislation, continues and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act or its subsidiary legislation.

(2)

This Act does not affect —

(a)

any disciplinary proceeding or prosecution for a service offence commenced or pending before 12 October 2004, and every such proceeding may be continued and everything in relation to the proceeding may be done in all respects after that date as if this Act had not been enacted;

(b)

the continued operation or force of any finding or order following a disciplinary proceeding or prosecution for a service offence made before 12 October 2004; and

(c)

any right of appeal accrued before 12 October 2004 in respect of any such finding or order, and where the appeal has been made under the repealed Act but has not been dealt with or disposed of immediately before that date, the appeal may be dealt with as if this Act had not been enacted.

Section 122

References in other written laws and documents

Any written law or document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act.

Section 97

Mobilisation of auxiliary police officers

(1)

The Commissioner may, with the approval of the Minister, mobilise for active service all or any of the members of an Auxiliary Police Force to perform general or special police duties, and such service continues until an order of demobilisation is made by the Commissioner with the approval of the Minister.

(2)

Every person who is mobilised under this section must assemble at such place and perform such service as the Commissioner or his or her authorised officer directs.

(3)

Every member of an Auxiliary Police Force, during the period of mobilisation, has the same powers and duties and the same protection and immunities of a police officer.

(4)

A person mobilised for active service under this section who without reasonable excuse, the proof whereof shall lie on him or her, refuses or neglects to perform such service shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(5)

Where a member of an Auxiliary Police Force is mobilised to perform any general or special police duty, the employer of such auxiliary police officer must provide the mobilised officer with the usual uniform, equipment, arms, ammunitions and such other accoutrements which are provided to the officer in his or her usual course of duties to enable the officer to discharge his or her duties effectively.

(6)

No employer may —

(a)

dismiss a person solely or mainly by reason of any duty or liability which that person is, or may become, liable to perform or discharge by reason of his or her being, or being liable to be, called up for mobilised service under this section; or

(b)

refuse to grant that person leave of absence during his or her period of mobilised service.

(7)

An employer who contravenes subsection (6) shall be guilty of an offence and shall be liable —

(a)

on conviction of an offence under subsection (6)(a), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which the employer is convicted may order the employer to pay to the dismissed person as compensation a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to the dismissed person by the employer; and

(b)

on conviction of an offence under subsection (6)(b), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

Section 98

stating whether any, and if so what, damage to the property has occurred during the period of mobilisation (other than damage which has been made good by the Commissioner) or that the total loss of the property has occurred;

(b)

specifying the compensation, or the rate or amount thereof, offered in respect of the damage or loss; and

(c)

specifying the effect of subsection (6).

(5)

A person to whom a receipt or notice under subsection (3) or (4) has been given or sent (called in this Act the claimant) is deemed to have accepted the offer contained in the receipt or notice unless he or she notifies the Commissioner, within 4 weeks after he or she receives the receipt or notice, of his or her claim for a greater amount or rate.

(6)

Where a notice under subsection (4) has been given or sent stating that no damage has occurred to any property during the period of mobilisation, the claimant is deemed to have agreed that no damage has so occurred unless he or she notifies the Commissioner, within 4 weeks after he or she receives the notice, of his or her claim that damage has so occurred and stating the compensation he or she claims in respect of the damage.

(7)

On the receipt of a claim under subsection (5) or (6), the Commissioner may notify the claimant that the Commissioner does not propose to make any further offer or that the Commissioner makes a specified further offer.

(8)

Before making any compensation under this Act, the Commissioner may require reasonable particulars of the damage to any property which was supplied by the employer to the auxiliary police officer during mobilisation and of the circumstances in which it occurred and may require a reasonable opportunity to be afforded to a person authorised by the Commissioner to inspect the property.

(9)

Nothing in this section operates so as to require the making of any payment of compensation before the end of the period of mobilisation of any property.

Section 99

Disputes on compensation to be referred to Compensation Board for determination

(1)

Any dispute as to whether any compensation is payable under section 98 and as to the amount of any compensation payable under that section must be referred to a Compensation Board for determination in accordance with the provisions of this Act.

(2)

An application to a Compensation Board for the determination of any dispute under subsection (1) must be made in the prescribed manner.

(3)

Subject to the Auxiliary Police Forces Regulations, the proceedings before a Compensation Board must be conducted in accordance with such directions as the Board may issue from time to time.

(4)

All proceedings before the Compensation Board under this Act are deemed to be judicial proceedings within the meaning of the Penal Code 1871.

Section 100

Decision of Compensation Board to be final

Amended by40/2019

(1)

Except as provided in this section, a decision of a Compensation Board is final and binding on the parties.

(2)

An appeal lies to the General Division of the High Court on any question of law arising out of a decision of a Compensation Board and on the determination of such an appeal the General Division of the High Court may, by order —

(a)

confirm, vary or set aside the decision of the Compensation Board; or

(b)

direct the Compensation Board to reconsider its decision on the basis of the opinion of the General Division of the High Court on the question of law which was the subject of the appeal,and where a direction is given under paragraph (b), the Compensation Board must, unless the General Division of the High Court otherwise directs, make its order within 3 months of the date of the order.

Amended by40/2019

Section 101

Compensation Board

Amended by5/201421/200810/2015

(1)

For the purpose of determining disputes as to any entitlement to, or the quantum of, compensation payable under this Part for the mobilisation of any Auxiliary Police Force, there must be constituted a Compensation Board consisting of —

(a)

the president or a deputy president of a Compensation Board; and

(b)

2 other members selected by the president or deputy president from a panel of members constituted in accordance with this section.

(2)

The president and every deputy president of a Compensation Board are to be appointed by the Minister for a period of 2 years and are eligible for re‑appointment, but no person is eligible for appointment unless he or she possesses the qualifications required for a District Judge under section 9(3) of the State Courts Act 1970 or is a District Judge appointed under section 9(1) of that Act.

Amended by5/2014

(3)

The Minister may appoint any number of deputy presidents that the Minister thinks fit.

(4)

For the purpose of enabling a Compensation Board to be constituted, there must be a panel of not more than 20 persons, each of whom must be appointed by the Minister for a period of 2 years and is eligible for re‑appointment.

(5)

No person is eligible to be appointed or to remain the president, or a deputy president or a member of the panel if he or she —

(a)

is an undischarged bankrupt;

(b)

has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or

(c)

has a mental disorder and is incapable of managing himself or herself or his or her affairs.

Amended by21/2008

(6)

Where a person ceases to be a member of the panel, the Minister has to, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel does not invalidate the acts of any Compensation Board.

(7)

The Minister may at any time revoke the appointment of a member of the panel.

(8)

There are to be paid to the president, deputy presidents and members of a Compensation Board such emoluments as the Minister may determine.

Amended by10/2015

(9)

Every president, deputy president and member of a Compensation Board, when and so long as he or she is serving on the Compensation Board, is deemed to be a public servant within the meaning of the Penal Code 1871 and enjoys the same judicial immunity as is enjoyed by a District Judge.

Amending instrument	Year
Act 17 of 2005	2005
Act 21 of 2008	2008
Act 15 of 2009	2009
Act 15 of 2010	2010
Act 5 of 2014	2014
Act 10 of 2015	2015
Act 28 of 2017	2017
Act 53 of 2018	2018
Act 26 of 2018	2018
Act 32 of 2018	2018
Act 5 of 2018	2018
Act 15 of 2019	2019
Act 40 of 2019	2019

Police Force Act 2004

About this act

PRELIMINARY

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CONSTITUTION AND ADMINISTRATION OF POLICE FORCE

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