Section 1
Short title
This Act is the Public Order Act 2009.
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Public Order Act 2009 is Singapore Act, cited as Act POA 2009, currently marked in force and first recorded in 2009.
Part 1
Short title
This Act is the Public Order Act 2009.
General interpretation
“act of terrorism” means any of the following:
a terrorist bombing offence within the meaning of the Terrorism (Suppression of Bombings) Act 2007;
a terrorist act within the meaning of the Terrorism (Suppression of Financing) Act 2002;
“assembly” means a gathering or meeting (whether or not comprising any lecture, talk, address, debate or discussion) of persons the purpose (or one of the purposes) of which is —
to demonstrate support for or opposition to the views or actions of any person, group of persons or any government;
to publicise a cause or campaign; or
to mark or commemorate any event,and includes a demonstration by a person alone for any purpose mentioned in paragraph (a), (b) or (c);
“authorised officer”, in relation to any provision in this Act or the regulations, means any police officer authorised in that behalf by the Commissioner for the purposes of that provision;
“Commissioner” means the Commissioner of Police appointed under the Police Force Act 2004;
“copy”, in relation to a film, means any article or thing in which the visual images or sounds comprising the film are embodied;
“declaration” means a declaration made by —
the Commissioner under section 21; or
the Minister under section 21 read with section 21A,as the case may be;
“enhanced security special event” means a special event that is the subject of a declaration made by the Minister;
“event” includes any rehearsal, sound and light testing and other ancillary activities necessary and incidental to an event;
“event organiser”, for an event, means a person who is responsible (whether fully or substantially) for the organisation and holding of the event and the receipt of revenue from the event, if any;
“permit” means a permit granted under section 7 in respect of a public assembly or public procession;
“place” includes any motor vehicle, train, vessel, aircraft or other conveyance;
“procession” means a march, parade or other procession, whether or not involving the use of vehicles or other conveyances —
comprising 2 or more persons gathered at a place of assembly to move from that place substantially as a body of persons in succession proceeding by a common route or routes; and
the purpose (or one of the purposes) of which is —
to demonstrate support for or opposition to the views or actions of any person, group of persons or any government;
to publicise a cause or campaign; or
to mark or commemorate any event,and includes any assembly held in conjunction with such procession, and a march by a person alone for any purpose mentioned in paragraph (b)(i), (ii) or (iii);
“prohibited area” means any area that is specified in an order made under section 12;
“public assembly” means an assembly held or to be held in a public place or to which members of the public in general are invited, induced or permitted to attend;
“public place” means —
any place (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, whether or not access to the place may be restricted at particular times or for particular purposes, and whether or not it is an “approved place” within the meaning of the Public Entertainments Act 1958; or
a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public;
“security officer” means an individual who is a licensed security officer within the meaning of the Private Security Industry Act 2007;
“special event” means an event declared by the Commissioner or the Minister (as the case may be) to be a special event;
“special event area”, in relation to a special event, means, for the period the declaration by the Commissioner or the Minister (as the case may be) for the event is in force —
the place or places stated in the declaration as the location or locations at which the event is or is to be; and
any place reasonably incidental to the holding of the event;
“unrestricted area” means a public place specified in an order made under section 14.
Any reference in this Act to an assembly or a procession that is unlawful under Part 2 is a reference to an assembly or a procession —
in respect of which no permit has been granted under section 7 or no such permit is in force;
which is held —
on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or
in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6;
which is not in compliance with any requirement imposed by section 8(1) or any condition imposed under section 8(2) on organisers or persons taking part in that assembly or procession;
which is held within a prohibited area and the holding thereof is prohibited by an order under section 12(1);
the holding of which is prohibited by an order or a notification under section 13(1) or (2); or
which is held within an unrestricted area and the holding thereof is not in accordance with any condition that applies by virtue of section 14 to the organising or taking part in the assembly or procession.
Meanings of “organising” and “taking part in”
In this Act, a reference to a person organising an assembly or a procession is a reference to a person who is responsible for holding, convening, forming or collecting the assembly or procession, and includes —
any person who assists or promotes the holding, convening, forming or collecting of any assembly or procession; and
where any person will receive revenue from the sale (if any) of tickets to the assembly or procession, that person,but does not include a person carrying on a demonstration by himself or herself or marching alone.
A reference to a person or persons taking part in an assembly or a procession includes (as the case may be) a person carrying on a demonstration by himself or herself, or a march by a person alone, for any purpose mentioned in the definitions of an assembly and a procession, respectively, in section 2(1).
Commissioner and authorised officers
The Commissioner is, subject to any general or special directions of the Minister, responsible for the administration of this Act and may perform the duties that are imposed and may exercise the powers that are conferred upon the Commissioner by this Act.
The Minister may give the Commissioner directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the Commissioner by, and the duties required to be discharged by the Commissioner under, this Act; and the Commissioner must give effect to the directions given.
The Commissioner may delegate the exercise of all or any of the powers conferred or duties imposed upon the Commissioner by this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to the conditions or limitations that are set out in this Act or that the Commissioner may specify by directions; and any reference in this Act to the Commissioner includes a reference to such an authorised officer.
In exercising any powers or duties under a delegation under subsection (3), an authorised officer must comply with any direction of the Commissioner.
Part 2
Regulation of public assemblies and public processions
Subject to the provisions of this Act, a public assembly and a public procession must not take place unless —
the Commissioner is notified under section 6 of the intention to hold the public assembly or public procession, and a permit is granted under section 7 in respect of that public assembly or public procession, as the case may be; and
the holding of that public assembly or public procession is not prohibited under section 12 or 13.
This section does not apply to —
an assembly or a procession exempted from this section under section 46; and
an assembly or a procession within any part of an unrestricted area not falling within a special event area of an enhanced security special event.
Advance notice of public assembly or public procession
Notice of intention to organise a public assembly or public procession must be given in accordance with subsections (2) and (3) to the Commissioner in the prescribed manner accompanied by an application for a permit in respect of that assembly or procession, as the case may be.
Notice under this section must be given not less than the prescribed period before the date on which the assembly or procession (as the case may be) is to be held.
Notice under this section must —
be given in writing in such form as may be prescribed;
be given —
if it is a demonstration carried on by a person by himself or herself or a march by a person alone, by that person; and
in any other case, by any of the organisers of the assembly or procession; and
contain all the following particulars:
the location, date and time where and when the assembly or procession (as the case may be) is to be held and the estimated time at which it will disband;
in the case of a procession, the location, time of commencement and duration of any assembly to be held in conjunction with the procession and the route, the places (if any) at which the procession will halt and time for which it will remain stationary in each such place;
the number of persons likely to take part in it;
the purpose of the assembly or procession;
the name, address and telephone number of the organiser of the assembly or procession, and of a person able to act (if necessary) in place of the organiser for the purposes of section 8(1)(a);
the arrangements for its control being made by the person proposing to organise it;
such other particulars and information relating to the assembly or procession as may be prescribed;
such other particulars and information relating to that particular assembly or procession (as the case may be) as the Commissioner may require.
Despite subsection (2), the Commissioner may, and must in any case where the Commissioner is reasonably satisfied that earlier notice could not have been given, accept shorter notice than is as mentioned in that subsection.
In cases where the Commissioner has decided not to accept shorter notice than is as mentioned in subsection (2), the Commissioner must as soon as practicable inform in writing the person purporting to give such notice of the Commissioner’s decision.
Advance notice of events having prescribed crowd size
Without affecting section 6, special notice of intention to organise an event (whether or not comprising or involving an assembly or a procession) must be given to the Commissioner in the prescribed manner, with the prescribed information, by any event organiser for the event if the event organiser reasonably expects more than a prescribed number of individuals to participate in or to attend the event at any time during the holding of the event.
Unless the Commissioner accepts shorter notice under subsection (3), special notice under this section must be given not less than the prescribed period —
before the proposed date of the event; or
in the case where the event is to take place during a proposed period, before the beginning of that proposed period.
The Commissioner may, and must in any case where the Commissioner is reasonably satisfied that earlier notice could not have been given, accept shorter notice than is as mentioned in subsection (2).
For the purposes of subsection (1), the Minister may prescribe different numbers of individuals for different classes of events.
An event organiser who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
Permit for public assembly or public procession
The Commissioner must, upon receipt of any notice and application under section 6 for a permit in respect of a proposed public assembly or public procession, have regard to the information provided in the notice and any other information available to the Commissioner in relation to the proposed public assembly or public procession (as the case may be) and may thereafter either —
grant a permit (with or without conditions) in respect of the proposed public assembly or public procession, as the case may be; or
refuse to grant a permit in respect of the proposed public assembly or public procession.
The Commissioner may refuse to grant a permit for a proposed public assembly or public procession in respect of which notice under section 6 has been given if the Commissioner has reasonable ground for apprehending that the proposed public assembly or public procession may —
occasion public disorder, or damage to public or private property;
create a public nuisance;
give rise to an obstruction in any public road;
place the safety of any person in jeopardy;
cause feelings of enmity, hatred, ill will or hostility between different groups in Singapore;
glorify the commission or preparation (whether in the past, in the future or generally) of acts of terrorism or any offence or otherwise have the effect of directly or indirectly encouraging or otherwise inducing members of the public to commit, prepare or instigate acts of terrorism or such an offence;
be held within or enter a prohibited area, or an area to which an order or a notification under section 13 applies; or
be directed towards a political end and be organised by, or involve the participation of, any of the following persons:
an entity that is not a Singapore entity;
an individual who is not a citizen of Singapore.
During the period an activation order has effect under the Public Order and Safety (Special Powers) Act 2018, the Commissioner may refuse to issue any permit for or in respect of a public assembly or public procession to be held within or enter an area which is the target of a special authorisation granted under that Act as a result of the activation order.
“directed towards a political end” means —
promoting the interests of a political party or other group of persons organised, in Singapore or elsewhere, for political objects;
influencing, or seeking to influence, the outcome of elections or referendums, whether in Singapore or elsewhere;
influencing, or seeking to influence, the policies or decisions of national or regional governments, whether in Singapore or elsewhere;
influencing, or seeking to influence, the policies or decisions of persons on whom public functions are conferred by or under the law of Singapore or of a country or territory outside Singapore;
influencing, or seeking to influence, the policies or decisions of persons on whom functions are conferred by or under international agreements;
influencing, or seeking to influence, public opinion on a matter which, in Singapore or elsewhere, is a matter of public controversy;
bringing about, or seeking to bring about, changes of the law in the whole or a part of Singapore or elsewhere, or otherwise influencing, or seeking to influence, the legislative process in Singapore or elsewhere; or
promoting or opposing political views, or public conduct relating to activities that have become the subject of a political debate, in Singapore or elsewhere;
“Singapore entity” means a Singapore‑controlled corporation, a Singapore‑controlled partnership or a Singapore‑controlled unincorporated association;
“Singapore‑controlled corporation” means a body corporate that —
is incorporated under any written law in Singapore;
has a management body (called an executive, a board of directors or otherwise), the majority of whose members (called directors, partners or otherwise) are citizens of Singapore; and
has a majority of members who are citizens of Singapore or Singapore entities or, in the case of a company having a share capital, the majority of whose shares are held by citizens of Singapore or Singapore entities;
“Singapore‑controlled partnership” means —
a firm registered under the Business Names Registration Act 2014 in Singapore, the majority of whose partners are citizens of Singapore or one or more Singapore entities; or
a limited partnership registered under the Limited Partnerships Act 2008 in Singapore —
the majority of whose general partners as defined in that Act are citizens of Singapore or Singapore entities; and
the majority of whose limited partners as defined in that Act are citizens of Singapore or Singapore entities;
“Singapore‑controlled unincorporated association” means an unincorporated association that —
is formed in Singapore under any written law;
has a management body (called a committee, council or otherwise), the majority of whose members are citizens of Singapore; and
has a majority of members who are citizens of Singapore or Singapore entities.
Conditions applying to public assembly or public procession
At every public assembly or public procession —
there must be present throughout the assembly or procession either the person who organised the assembly or procession or, if he or she is not present, a person nominated by him or her, in writing, to act in his or her place; and
good order and public safety must be maintained throughout the assembly or procession, as the case may be.
In granting a permit for a public assembly or public procession, the Commissioner may impose on the organisers of, and the persons taking part in, the assembly or procession such conditions specified in the permit and relating to the assembly or procession as in the Commissioner’s opinion are necessary to prevent the assembly or procession (as the case may be) being carried out to result in anything mentioned in section 7(2)(a) to (h).
Without limiting subsection (2), the conditions may, in particular, impose requirements as to —
the number of persons who may take part in the public assembly or public procession;
the number and size of banners, placards, displays or other paraphernalia used;
the engagement of such number of marshals and security officers as may be necessary to ensure that good order and public safety are maintained throughout the assembly or procession, as the case may be; and
the place or places where the public assembly or public procession may, or may not, be carried on.
The Commissioner may, if the Commissioner reasonably believes that it is necessary in order to prevent anything mentioned in section 7(2)(a) to (h) from happening —
impose additional conditions on those organising or taking part in an assembly or a procession authorised by a permit; or
amend any condition previously imposed under subsection (2) or paragraph (a),and the senior police officer may give directions to those organising or taking part in the assembly or procession to ensure the due observance of any condition imposed under subsection (2).
Except where the context otherwise requires, any reference in this Act to a condition imposed under subsection (2), includes a reference to an additional condition or amendment to a condition imposed under subsection (4).
“assembly” and “procession” include the period of first assembly of the assembly and procession, respectively, to the time it disbands;
“senior police officer” means the most senior in rank of the police officers present at the scene of the assembly or procession, or any one of them if there are more than one of the same rank.
Form and validity of permit
A permit granted under section 7 must —
be in the form the Commissioner may determine;
contain the conditions subject to which it is granted; and
unless earlier cancelled by or under this Act, be valid —
in respect of the holding of the particular public assembly or public procession specified in the permit; or
for the period (not exceeding one year) specified in the permit.
When permit may be cancelled
The Commissioner may, by written notice to the person to whom the permit is granted, cancel the permit that has been granted.
Without affecting subsection (1), the Commissioner may, by written notice, cancel a permit that has been granted to any person if —
the permit has been reported lost or stolen;
there is reasonable cause to believe that the permit has been obtained by means of any false statement or any statement that is false in a material particular;
the Commissioner becomes aware of a circumstance that would have required or permitted the Commissioner to refuse the permit to the person had the Commissioner been aware of the circumstance immediately before granting the permit; or
there is reasonable cause to believe that any condition of the permit has been contravened.
A permit which is granted for or in respect of a public assembly or public procession is treated as cancelled immediately if —
a special authorisation is granted under section 11 of the Public Order and Safety (Special Powers) Act 2018 pursuant to the giving of an activation order under that Act; and
the public assembly or public procession is being or is to be held within, or enter or is to enter, an area which is the target area of that special authorisation.
Every permit that is cancelled under subsection (1) or (3) is upon its cancellation invalid and ceases to be in force.
Appeal to Minister
If a person is aggrieved by the Commissioner’s decision under this Part —
to refuse to grant a permit;
to cancel a permit; or
to impose any particular condition on a permit,the person may, within 7 days after being notified of the decision (or a longer period that the Minister allows in exceptional circumstances, whether before or after the end of the 7 days), appeal to the Minister whose decision is final.
After receiving an appeal under subsection (1), the Minister must consider the appeal and —
reject the appeal and confirm the Commissioner’s decision;
allow the appeal in whole or in part and vary the Commissioner’s decision;
set aside the Commissioner’s decision and make a decision in substitution for it; or
direct the Commissioner to reconsider the Commissioner’s decision,and the appellant must be notified in writing of the Minister’s decision in respect of the appellant’s appeal accordingly.
This section does not apply to or in relation to any cancellation of a permit in the circumstances mentioned in section 10(3).
In this section, any reference to the Minister includes a reference to any Minister of State designated by the Minister to hear any appeal under this section in place of the Minister.
Prohibited areas
If, in relation to any public place, the Minister is of the opinion that, having regard to the extent of powers exercisable under section 13, it is necessary in the public interest to do so, the Minister may, by order in the Gazette, prohibit the holding of all public assemblies or public processions or both in the public place (called in this Act a prohibited area).
An order made under subsection (1) may exclude any assembly or procession, or any assembly or procession of any class or description, specified in the order from the prohibition in the order.
An order made under subsection (1) has the effect of cancelling any previous permit granted under section 7 in relation to any public assembly or public procession, the holding of which is prohibited by the order.
All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Power to prohibit assembly or procession in public interest
If, in the case of any proposed public assembly or public procession, the Minister is of the opinion that it is necessary in the public interest to do so, the Minister may, by order in the Gazette, prohibit the holding of that public assembly or public procession.
If, in relation to any public place and any period of time not exceeding 28 days, the Commissioner is of the opinion that, having regard to —
any serious public disorder or serious damage to public or private property which may result from public assemblies or public processions of a particular class or description in that public place during that period;
any serious public nuisance or obstruction in any public road, or threat to the safety of persons in that public place, that may result from such public assemblies or public processions;
any serious impact which such public assemblies or public processions may have on relations between different groups in Singapore;
any undue demands which such public assemblies or public processions may cause to be made on the police or military forces; and
the extent of powers exercisable under subsection (1),it is necessary in the public interest to do so, the Commissioner may, with the concurrence of the Minister, by notification in the Gazette, prohibit the holding of all public assemblies or public processions or both, or of that class or description, in that public place during that period.
An order made under subsection (1) in relation to an assembly or a procession has the effect of cancelling any previous permit granted under section 7 in relation to that assembly or procession.
A notification made under subsection (2) has the effect of cancelling any previous permit granted under section 7 in relation to any assembly or procession, the holding of which is prohibited by the notification.
Unrestricted areas
If the Minister is of the opinion that, having regard to the natural environment of any public place and the likelihood of any serious disruption to the life of the community (such as but not limited to the rights of members of the public to enjoy the natural environment and the rights of persons to carry on business), it is appropriate to allow citizens and other persons to exercise the right to participate in assemblies and processions in that public place, the Minister may, by order in the Gazette, designate that public place (called in this Act an unrestricted area) to be an area whereby no notice under section 6, and no permit under section 7, is required for the holding of all assemblies or processions or both in that public place.
An order made under subsection (1) must —
describe the unrestricted area, whether by means of a description, map or other document;
state any period for which the order is in force; and
state the conditions (if any) that apply to the organising of, or taking part in, any assembly or procession within that unrestricted area.
An order made under subsection (1) may —
provide that any contravention of any condition in the order that is applicable to the organising of, or taking part in, any assembly or procession within the unrestricted area subject to the order shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both; and
provide for any transitional, saving and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient.
However, an order under subsection (1) designating a public place as an unrestricted area immediately expires if —
a special authorisation is granted under section 11 of the Public Order and Safety (Special Powers) Act 2018 pursuant to the giving of an activation order under that Act; and
the public place, or any part of the public place, falls within the target area of the special authorisation.
All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Offences in prohibited areas, etc.
A person who organises an assembly or a procession the holding of which the person knows or ought reasonably to know is prohibited by an order under section 12(1) or 13(1) or a notification under section 13(2) (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
A person who takes part in an assembly or a procession the holding of which the person knows or ought reasonably to know is prohibited by an order under section 12(1) or 13(1) or a notification under section 13(2) (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Other offences in relation to assemblies or processions
Each person who organises a public assembly or public procession —
in respect of which no permit has been granted under section 7 or no such permit is in force, where a permit is required by this Act;
which is held —
on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or
in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; or
which is not in compliance with any condition imposed under section 8(2) on persons organising that assembly or procession,shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction to a fine not exceeding $5,000.
Each person who takes part in a public assembly or public procession —
in respect of which no permit has been granted under section 7 or no such permit is in force, where a permit is required by this Act;
which is held —
on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or
in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; or
which is not in compliance with any requirement imposed by section 8(1)(b) or any condition imposed under section 8(2) on persons taking part in that assembly or procession,shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction to a fine not exceeding $3,000.
Where a person who is convicted or found guilty of an offence under subsection (1) or (2) is a repeat offender, the person shall be liable on conviction —
if the person is one who organises an assembly or a procession — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and
if the person is one who takes part in an assembly or a procession — to a fine not exceeding $5,000.
A person organising or taking part in an assembly or a procession who knowingly fails to comply with any direction of the senior police officer given under section 8(4) shall be guilty of an offence and shall be liable on conviction —
in the case of a person organising an assembly or a procession — to a fine not exceeding $10,000; and
in the case of a person taking part in an assembly or a procession — to a fine not exceeding $5,000.
For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1) or (2) if the person who is convicted, or found guilty, of an offence under subsection (1) or (2) (called the current offence) has been convicted or found guilty of —
an offence under subsection (1) or (2);
an offence under section 5(4) of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 as in force immediately before 9 October 2009; or
an offence under any rules made under section 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 as in force immediately before 9 October 2009, in relation to any assembly or procession in any public road, public place or place of public resort held without a permit under those rules or in contravention of any term or condition of such a permit,on at least one other occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence.
This section does not apply to —
an assembly or a procession exempted from this section under section 46; and
an assembly or a procession within an unrestricted area not falling within a special event area of an enhanced security special event.
Defences
In any proceedings for an offence under section 16(1)(a) or (2)(a), it is a defence for the person charged to prove that the person did not know, and neither suspected nor had reason to suspect, that no permit had been granted under section 7 in respect of the assembly or procession or that no such permit is in force, as the case may be.
In any proceedings for an offence under section 16(1)(b) or (2)(b), it is a defence for the person charged to prove that —
he or she did not know, and neither suspected nor had reason to suspect, the difference in date, time or route; or
the difference arose from —
circumstances beyond his or her control;
something done in compliance with conditions imposed under section 8(2); or
something done with the agreement of a police officer not below the rank of sergeant or by the senior police officer’s direction under section 8(4).
In any proceedings for an offence under section 16(1)(c) or (2)(c), it is a defence for the person charged to prove that he or she did not know, and neither suspected nor had reason to suspect, that the assembly or procession was not in compliance with any of the conditions of the permit for the assembly or procession.
In any proceedings for an offence under section 16(4), it is a defence for the person charged to prove that his or her failure to comply with a direction of the senior police officer given under section 8(4) arose from circumstances beyond his or her control.
Obstructing free passage of any ambulance, etc.
Where a person at, or in relation to, an assembly or a procession conducted pursuant to a permit —
acts in a disorderly manner for the purpose of preventing the transaction of the business for which the assembly or procession assembled;
obstructs the free passage of any ambulance, fire engine or vehicle belonging to the Singapore Police Force or the Singapore Civil Defence Force or, otherwise than in the manner and to the extent authorised by the permit relating to that assembly or procession, impedes or disrupts the use by members of the public in general of any road; or
incites other persons to do so,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Legal immunity for participant in lawful assembly or procession
If an assembly or a procession —
is the subject of a permit;
is peaceful; and
is held in accordance with the conditions imposed on the permit,a person who takes part in the assembly or procession, does not, merely because of his or her taking part, incur any civil or criminal liability because of the obstruction of a public place.
Part 3
Interpretation of this Part
In this Part, unless the context otherwise requires —“approved person”, in relation to any power under section 22, 24, 27, 28 or 29, means any of the following persons approved by the Commissioner in writing to exercise the power under that provision at or in relation to a special event area specified in that approval:
any member of an auxiliary police force;
any security officer who is employed by, or whose services are supplied to, the occupier of the special event area;“entrant”, in relation to a special event area, means a person who is about to enter or is in the area;“garment” includes a cloak, coat or shirt;“hand-held scanner” means a device that may be passed over or around a person or a person’s personal property to detect metal, objects or other substances;“occupier”, in relation to a special event area, includes the event organiser of the special event at that special event area;“personal property”, in relation to a person, means things carried by the person or things apparently in the immediate control of the person, but does not include clothing being worn by the person;“place” includes an area;“prohibited item”, in relation to a special event, means any thing or animal that is stated to be a prohibited item in the notification in respect of the event under section 22;“prohibited item permit” means a permit of that name granted under section 26(4) for a specific prohibited item or a class of prohibited items;“remotely piloted aircraft” and “remotely piloted aircraft system” have the same respective meanings as assigned in the Air Navigation Act 1966;“search” includes —
a search of a person conducted by quickly running the hands over the person’s outer garments; and
an examination of anything worn or carried by the person;“statutory condition of entry”, in relation to a special event, means a condition that is stated in the notification concerning the event under section 22 to be a statutory condition of entry to the special event area;“unmanned aircraft” means an aircraft that may be flown or used without any individual on board the aircraft to operate it, and excludes a balloon or kite;“unmanned aircraft system” means an unmanned aircraft and its associated elements;“vehicle” includes an aircraft and a boat;“X-ray machine” means a device through which a person’s belongings are passed and X-rayed.
“approved person”, in relation to any power under section 22, 24, 27, 28 or 29, means any of the following persons approved by the Commissioner in writing to exercise the power under that provision at or in relation to a special event area specified in that approval:
any member of an auxiliary police force;
any security officer who is employed by, or whose services are supplied to, the occupier of the special event area;
“entrant”, in relation to a special event area, means a person who is about to enter or is in the area;
“hand-held scanner” means a device that may be passed over or around a person or a person’s personal property to detect metal, objects or other substances;
“occupier”, in relation to a special event area, includes the event organiser of the special event at that special event area;
“personal property”, in relation to a person, means things carried by the person or things apparently in the immediate control of the person, but does not include clothing being worn by the person;
“prohibited item”, in relation to a special event, means any thing or animal that is stated to be a prohibited item in the notification in respect of the event under section 22;
“prohibited item permit” means a permit of that name granted under section 26(4) for a specific prohibited item or a class of prohibited items;
“remotely piloted aircraft” and “remotely piloted aircraft system” have the same respective meanings as assigned in the Air Navigation Act 1966;
“search” includes —
a search of a person conducted by quickly running the hands over the person’s outer garments; and
an examination of anything worn or carried by the person;
“statutory condition of entry”, in relation to a special event, means a condition that is stated in the notification concerning the event under section 22 to be a statutory condition of entry to the special event area;
“unmanned aircraft” means an aircraft that may be flown or used without any individual on board the aircraft to operate it, and excludes a balloon or kite;
“unmanned aircraft system” means an unmanned aircraft and its associated elements;
“X-ray machine” means a device through which a person’s belongings are passed and X-rayed.
Declaration of special event by Commissioner
Subject to subsections (2) and (3) and section 21A, the Commissioner may declare an event to be a special event for the purposes of this Part.
In deciding whether to make a declaration and the scope of the declaration, the Commissioner is to have regard to —
the size of the event;
the number and prominence of persons who are likely to attend the event;
the likely media coverage of the event;
the likely contribution that the event will make to Singapore;
the commercial arrangements for the event;
the event management experience and expertise of the event organiser;
the factors affecting the operational organisation of the event, including measures taken or to be taken by the event organiser in relation to the planning of the event, such as —
preparation of traffic and transport management plans;
emergency management plans;
security plans and consultation with police and emergency services; and
crowd management;
Singapore’s obligations for holding the event; and
any other relevant factor.
The Commissioner may make a declaration only if the Commissioner is satisfied that the declaration is necessary —
for preserving public order and the safety of individuals involved in the event and other individuals; and
for the avoidance of disruptions to the event.
A declaration under subsection (1) must —
contain a brief description of the event to which the declaration applies, whether by means of a description, map or other document;
state the proposed date and time of the event or the proposed period in which the event is to take place, and the location of the special event area for the event; and
state the period (not exceeding 3 years) for which the declaration is in force.
Once such a declaration is made in respect of an event, the Commissioner must give a copy of the declaration to the event organiser of the event.
Unless sooner revoked, a declaration expires on the date, and at the time (if any) stated in, or worked out in accordance with the declaration.
At any time before the declaration in respect of a special event comes into force, the Commissioner may, by informing the event organiser of the event, amend all or any of the following:
the description of the location of the special event area to which the declaration applies;
the date and time of the special event or the proposed period in which the special event is to take place;
the period (not exceeding 3 years) for which the declaration is in force.
To avoid doubt, more than one declaration under this section may be made in respect of the same event.
Enhanced security special event declared by Minister
Where the Minister is satisfied, in relation to any event, that any of the following applies:
there is a reasonable likelihood that the event may be disrupted if all or any of the powers in sections 24 to 29 and 32A are not exercised;
the exercise of all or any of those powers is necessary because of the need to protect persons involved in or at the event;
the exercise of all or any of those powers is required as a condition of holding the event in Singapore;
there is a reasonable likelihood that the event might be the subject of an act of terrorism because of the nature of the event, or the attendance or likely attendance of prominent persons or a large number of people,the Minister may give directions to the Commissioner requiring the Commissioner to refer the event, or a class of similar events, specified in the direction, to the Minister for deciding whether to make a declaration, and the scope of the declaration, under section 21 instead of the Commissioner, and every such event, or event in the class, specified must then be so referred to the Minister.
In deciding whether to make a declaration, and the scope of the declaration, under section 21, in relation to any event specified in a direction under subsection (1), the Minister has all the functions and powers of the Commissioner under section 21, and a reference in that section to the Commissioner accordingly includes a reference to the Minister.
A declaration made by the Minister under section 21 read with this section must be published in the Gazette.
Once such a declaration is made, the Minister must, within 7 days after the making of the declaration and before the date the declaration comes into force, cause to be published a notice of the making of the declaration, describing briefly the event and the special event area for that event in a manner that will secure adequate publicity for the declaration.
If the Minister, by virtue of this section read with section 21(7), makes any amendment to the declaration for an enhanced security special event, the Minister must publish the amended declaration in the Gazette; and a notice describing briefly the amendment must be published as soon as practicable in a manner that will secure adequate publicity for the amended declaration.
However, failure to publish a notice under subsection (4) or (5) in respect of any declaration or amended declaration by the Minister does not invalidate the declaration.
Statutory conditions of entry
At any time after a declaration is made in respect of an enhanced security special event and the special event area for that event, the Commissioner may, with the approval of the Minister, determine that all or any of the following conditions apply to the special event area:
that a person seeking to enter or in the special event area must, if asked by a police officer or an approved person, permit an inspection to be made of his or her personal property;
that a person seeking to enter or in the special event area must, if asked by a police officer, permit a search to be made of the person;
that a person must not take into or possess in the special event area a prohibited item;
that a person seeking to enter or in the special event area must comply with any lawful order of a police officer or an approved person regarding the entrant’s entry into and remaining in that area.
Once any such determination is made in respect of an enhanced security special event and its special event area, the Commissioner must, by notification in the Gazette, specify —
the places (if any) at which a police officer or an approved person may exercise specified powers under sections 24 to 29;
if the determination includes the statutory condition of entry that a person must not take into or possess in the special event area a prohibited item, the thing or animal a person is prohibited from bringing into the special event area; and
any other conditions that apply to entry to the special event area or any part of it.
Any notification under subsection (2) in respect of an enhanced security special event and its special event area must be made and published at least 7 days before the proposed date of the enhanced security special event or, in the case where the enhanced security special event is to take place during a proposed period, the beginning of that proposed period.
Once a notification under subsection (2) is published, the Commissioner must, within 7 days thereafter and before the proposed date of the enhanced security special event or, in the case where the enhanced security special event is to take place during a proposed period, the beginning of that proposed period, cause to be published a copy of the notification in a manner that will secure adequate publicity for it.
The Commissioner may at any time amend the notification under subsection (2) relating to an enhanced security special event and special event area; and notice of the amendment describing briefly the changes in the notification must be published as soon as practicable in a manner that will secure adequate publicity for the amended declaration.
Tickets sellers to inform of statutory conditions of entry
If any person who sells tickets to an event has reasonable grounds for believing that the event may be declared a special event by the Minister, the person must take reasonable steps to tell a person, before the person buys tickets to the event, that statutory conditions of entry may apply to the event.
If an event has been declared a special event by the Minister, the person who sells tickets to the event must take reasonable steps to tell a person, before the person buys tickets to the event, the statutory conditions of entry that apply to the event.
Inspection of personal property, etc., as condition of entry
This section applies only if the notification under section 22(2) relating to the enhanced security special event to be held at a special event area states that it is a condition of entry to the special event area that an entrant to the area must, if asked by a police officer or an approved person, permit an inspection to be made of the entrant’s personal property.
Subject to subsection (3), a police officer or an approved person may ask the entrant to do one or more of the following:
allow the police officer or approved person to inspect the entrant’s personal property;
remove one or more garments worn by the entrant as specified by the police officer or approved person and allow the police officer or approved person to inspect the garments;
remove all articles from the entrant’s clothing and allow the police officer or approved person to inspect them;
open an article for inspection and allow the police officer or approved person to inspect it;
open a vehicle or a part of it for inspection and allow the police officer or approved person to inspect it;
remove an article from the vehicle as specified by the police officer or approved person and allow the police officer or approved person (as the case may be) to inspect it.
A police officer or an approved person may make a request under subsection (2) if the police officer or approved person reasonably considers it necessary to make a request under subsection (2) in relation to an entrant or the entrant’s personal property, whether or not the entrant or his or her personal property have been subjected to screening.
Any person who fails to comply with the request of a police officer or an approved person under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
In this section, inspecting an article includes handling the article, opening it and examining its contents.
Search of person
This section applies only if the notification under section 22(2) relating to the enhanced security special event to be held at a special event area states that it is a condition of entry to the special event area that an entrant to the area must, if asked by a police officer, permit a search to be made of the person.
A police officer may ask a person to permit a search of the person where —
the person is entering or about to enter a special event area; or
the person is in a special event area.
Any person who fails to comply with the request of a police officer under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Prohibited items
This section applies only if the notification under section 22(2) relating to the enhanced security special event to be held at a special event area states that it is a condition of entry to the special event area that an entrant must not take into or possess in the special event area a prohibited item.
A person must not take a prohibited item into a special event area, unless the person has the express permission of a police officer to do so.
A person must not —
without lawful excuse, possess a prohibited item in a special event area; or
use a prohibited item in a way that causes —
the prohibited item or any part of it;
something contained in or on the prohibited item; or
something produced by the prohibited item,to enter the special event area.
In proceedings for an offence under subsection (5) for failing to comply with subsection (3) —
it is not necessary for the prosecution to prove that an accused knew or had reason to believe that an area is a special event area; but(b)it is a defence to a charge for failing to comply with subsection (3)(b) for the accused to prove, on a balance of probabilities, that —
the accused did not intentionally cause the prohibited item or part of it, or something contained in or on, or produced by, the prohibited item, to enter the special event area, and the entry was not due to any want of reasonable care on the part of the accused; or
the accused had in force a prohibited item permit from the Commissioner and had, in accordance with that permit, used a prohibited item in a way that caused it, something contained in it or on it or something produced by it, to enter the special event area.
Any person who fails to comply with subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
It shall not be an offence under this section if the person disposes of the prohibited item before entering the special event area.
Security screening at special event area of enhanced security special event
This section applies if the security system for a special event area of an enhanced security special event involves the use of screening devices, such as (but not limited to) the following:
a walk-through detector;
an X-ray machine;
a hand-held scanner.
A police officer or an approved person may ask an entrant to a special event area to undergo any form of security screening, including doing one or more of the following:
to walk through a walk-through detector;
to pass the entrant’s personal property through an X‑ray machine;
to allow the police officer or approved person to pass a hand‑held scanner in close proximity to the entrant;
to allow the police officer or approved person to pass a hand‑held scanner in close proximity to the entrant’s personal property.
Any person who fails to comply with the request of a police officer or an approved person under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Power to require reasons for entry to special event area of enhanced security special event
A police officer or an approved person may ask an entrant to a special event area of an enhanced security special event to state the person’s name and residence and his or her reason for being in, or about to enter, the area.
If the person fails to comply with the request of a police officer or an approved person under subsection (1), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
In this section, “residence”, in relation to a person, means the address of the place where the person usually lives in Singapore.
Refusal of entry and removal from special event area of enhanced security special event
This section applies if —
the entrant fails to comply with a request of a police officer or an approved person made under this Part;
the entrant fails to satisfy a police officer or an approved person that the entrant has a good and lawful reason to be at the special event area of an enhanced security special event or a particular part of it; or
a police officer or an approved person reasonably suspects that the entrant is about to commit, has committed or is committing an offence under section 26(5), 31 or 32.
Unless the entrant is arrested —
if the entrant has entered the special event area — a police officer or an approved person may direct the entrant to leave and not re‑enter the special event area; and
if the entrant is about to enter the special event area — a police officer or an approved person may by direction refuse him or her entry to the special event area.
If a person contravenes any direction given by a police officer or an approved person under subsection (2)(a) or (b) to leave a special event area, or attempts to enter or re‑enter the special event area contrary to such a direction, a police officer may use any force that is reasonable and necessary to arrest and detain the person for the purpose of removing the person from or preventing his or her entry or re‑entry to the special event area, or to remove the person from the area, as the case may be.
Directions to event organiser
The Commissioner may, if the Commissioner reasonably believes that it is necessary for preserving public order and the safety of individuals involved in the special event and other individuals and for the avoidance of disruptions to the special event, at any time during the period the declaration relating to that special event is in force, give written directions to the event organiser of the special event requiring the event organiser concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the direction or are of a description as specified therein as are necessary for preserving public order and the safety of individuals involved in the special event and other individuals and to avoid disruptions to the special event.
Without limiting subsection (1), a written direction under that subsection may require the event organiser concerned —
to alter, demolish or remove any gate, door, fence, platform, staging, hoarding or other structure which is wholly within the special event area;
to keep unblocked any stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare wholly or partly within the special event area;
to arrange for the removal of a vehicle from, or the movement of a vehicle within, the special event area;
to give access or priority of access to the public to specified kinds of facilities, amenities or services provided by the event organiser;
to cease, either wholly or to the extent specified in the direction, any activity on the special event area or part thereof;
to implement security measures during the holding of the special event, such as the deployment of security personnel and the security screening of persons and vehicles;
to change the venue of the special event, or to cancel or postpone the special event; or
to inform any person attending or intending to attend the special event of any matter mentioned in paragraph (g), or that requires the person to observe certain conduct at the special event, or any other matter in relation to the event, in the form and manner that the Commissioner may determine.
The manner in which that access, or priority of access, is to be given must be set out in the direction under subsection (1).
The terms and conditions on which that access, or priority of access, is to be given must be set out in the direction under subsection (1).
An event organiser who, without reasonable excuse, fails to comply with any written direction given under subsection (1) or as modified under subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Despite subsection (5), no event organiser shall, by virtue of this section, be guilty of an offence of failing to comply with a written direction containing requirements mentioned in subsection (2)(a) or (b) if the event organiser —
is not the owner of the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, mentioned in the direction at the relevant time relating to the offence concerned; and
within 7 days after service on him or her of a notice alleging that he or she has been guilty of the offence, provides by declaration to the Commissioner, the name and address of the person who is the owner of the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, as the case may be.
Upon receipt of a declaration under subsection (6), the Commissioner may, during the period a declaration relating to that special event is in force, give another written direction in writing requiring the person named in the declaration under subsection (6) as the owner of —
the gate, door, fence, platform, staging, hoarding or other structure; or
the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare,specified in the written direction to the event organiser (called the original direction) requiring that owner to do, or not to do, such things as are specified in the original direction or are of a description as specified therein as necessary for preserving public order and the safety of individuals involved in the special event and other individuals and to avoid disruptions to the special event.
The Commissioner may, without affording an opportunity to be heard, modify any written direction given under subsection (1) or (7) for any purpose mentioned in that subsection.
The Commissioner must first obtain the approval of the Minister if, in relation to an enhanced security special event, the Commissioner gives, or modifies, a written direction containing the requirement mentioned in subsection (2)(g) or (7).
If, after the expiry of 7 days from the date of the written direction given under subsection (7) or as modified under subsection (8), the owner to whom the written direction is given, without reasonable excuse, fails to comply with the written direction, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Where an event organiser or owner fails to comply with any requirement in a written direction given under subsection (1) or (7), respectively (or as modified under subsection (8)), the Commissioner may, if satisfied that the failure is likely to pose a risk to the safety of individuals involved in the special event and other individuals, take such measures and do such work as may be necessary to give effect to the written direction.
The Commissioner may recover all costs and expenses reasonably incurred under subsection (11) from the event organiser, or the owner, in default, as a civil debt due to the Government.
In subsections (6), (7), (8), (11) and (12), “owner”, in relation to any gate, door, fence, platform, staging, hoarding or other structure, or stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, in any premises means —
except as otherwise provided in paragraph (b) or (c) — the person for the time being receiving the rent of the premises, whether on his or her own account or as agent or trustee or as receiver, or who would receive the same if the premises were let to a tenant and includes a mortgagee in possession;
where the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, is part of any common property or limited common property within the meaning of the Building Maintenance and Strata Management Act 2004 —
the management corporation established under that Act having control of the common property if comprised in a strata title plan, or the person receiving any rent or charge for the maintenance of that common property;
the subsidiary management corporation established under that Act having control of the limited common property if comprised in a strata title plan, or the person receiving any rent or charge for the maintenance of that limited common property; or
the person receiving any rent or charge for the maintenance and management of the common property not comprised in a strata title plan; and
where the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, is part of the common property of any housing estate of the Housing and Development Board — that Board or the Town Council established under the Town Councils Act 1988 for that housing estate.
Unauthorised entry to special event area of enhanced security special event, etc.
A person must not enter or remain in a special event area of an enhanced security special event unless the person —
has the consent of the event organiser; and
is otherwise authorised to enter or remain at the area under this Act.
A person who —
contravenes subsection (1); or
contravenes any direction given by a police officer or an approved person under section 29(2) to leave a special event area of an enhanced security special event, or attempts to enter or re‑enter the special event area contrary to such a direction,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
Interference with enhanced security special event, etc.
If a person in a special event area of an enhanced security special event —
engages in violent behaviour;
disrupts, interferes with, delays or obstructs the conduct of an enhanced security special event, or any activity associated with the enhanced security special event, by throwing anything or in any other way; or
in any other way interferes with the reasonable enjoyment of an enhanced security special event, or an activity associated with the enhanced security special event, by someone else,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
If a person (whether in or outside a special event area of an enhanced security special event) operates an unmanned aircraft in a manner —
that disrupts, interferes with, delays or obstructs the conduct of an enhanced security special event, or any activity associated with the enhanced security special event; or
that interferes with the reasonable enjoyment of an enhanced security special event, or an activity associated with the enhanced security special event,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
In proceedings for an offence under subsection (2) —
it is not necessary for the prosecution to prove that an accused intentionally caused the unmanned aircraft to fly in a manner as described in subsection (2)(a) or (b); but(b)it is a defence to the charge for the accused to prove, on a balance of probabilities, that the flight was not due to any want of reasonable care on the part of the accused.
Interception, etc., of unmanned aircraft
Where an authorised person has reason to believe that an unmanned aircraft is being operated in a manner —
that contravenes section 26(2) or (3) or 32(2); or
that poses a serious and an imminent risk to the security or safety of persons lawfully attending an enhanced security special event,the authorised person may, subject to subsection (3), exercise all or any of the powers in subsection (2) in relation to the unmanned aircraft for either purpose:
preventing further contravention of section 26(2) or (3) or 32(2);
preventing or stopping any actual or imminent occurrence that endangers or threatens to endanger the security or safety of persons lawfully attending an enhanced security special event.
For the purposes of subsection (1), the powers that may be exercised by an authorised person in relation to an unmanned aircraft are without warrant —
to direct any person whom the authorised person reasonably believes to be involved in the operation of the unmanned aircraft —
to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or
to fly the unmanned aircraft in the manner specified by the authorised person;
with such assistance and by such force as is necessary —
to assume control of an unmanned aircraft to fly the aircraft or to end the flight of the aircraft, or land it, safely in the fastest practicable way; or
to end the flight of the unmanned aircraft in the fastest and safest practicable way; or
to seize the unmanned aircraft and any component of the unmanned aircraft system for that aircraft, or other thing, that the authorised person believes on reasonable grounds —
to be evidential material relevant to an offence under this Part; or
needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Part.
In authorising any person under subsection (1), the Commissioner may do all or any of the following:
limit the powers in subsection (2) that the authorised person may exercise;
limit when the authorised person may exercise his or her powers in subsection (2) or any of them;
limit where in Singapore the authorised person may exercise his or her powers in subsection (2) or any of them;
limit the circumstances in which the authorised person may exercise his or her powers in subsection (2) or any of them;
limit the offences in respect of which the authorised person may exercise his or her powers in subsection (2) or any of them.
Any person who, without reasonable excuse, contravenes any direction under subsection (2)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
A Magistrate may, on an application by the Commissioner, make an order authorising the Commissioner to destroy or otherwise dispose of any thing seized under subsection (2)(c) by an authorised person, if the Magistrate is satisfied that —
apart from this section, an authorised person or the Commissioner is required to return the thing to a person; and
the authorised person or the Commissioner cannot, despite making reasonable efforts, locate the person or the person has refused to take possession of that thing.
In this section, “evidential material” means any thing that is relevant to proving a contravention of any provision of this Act or any subsidiary legislation under this Act (whether or not an offence).
In this section, an authorised person is a police officer, or an auxiliary police officer, of or above the rank of sergeant and authorised by the Commissioner to exercise powers under this section.
To avoid doubt, nothing in this section derogates from the provisions of the Criminal Procedure Code 2010 or section 201B of the Singapore Armed Forces Act 1972.
Saving of operation of Part 2
Despite anything in Part 2, no public assembly and no public procession of any class or description (whether or not exempted from section 5 under section 46, and whether or not excluded from any prohibition under section 12(2)) shall take place within any special event area of an enhanced security special event for such period as the declaration relating to the special event area is in force unless —
the Commissioner is notified under section 6 of the intention to hold the public assembly or public procession; and
a permit is granted under section 7 in respect of that public assembly or public procession, as the case may be,and the provisions of Part 2 apply to such a public assembly and public procession.
Part 4
Application of this Part
This Part applies in relation to the following places (called in this Act regulated places):
all public places;
such other places that are prescribed,and in this section, “place” includes an area.
This Part does not apply to any assembly or procession that is not unlawful under Part 2.
When power applies to behaviour
Subject to this section, a police officer may exercise a power under section 36 in relation to any person at or near a regulated place if the police officer reasonably suspects the person’s behaviour —
is or has been interfering with trade or business at the place by obstructing, hindering or impeding someone entering, at or leaving the place;
is or has been disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place;
is or has been disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place; or
shows that he or she is just about to commit an offence or has just committed or is committing an offence.
If the regulated place is a public place, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)(a), (b), (c) or (d) in the part of the public place at or near where the person then is.
Subsection (1)(a) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour.
To avoid doubt, subsections (1)(a) and (3) do not limit subsection (1)(b), (c) and (d).
Direction to move on
Subject to this section, a police officer of or above the rank of sergeant may give to a person or group of persons whose behaviour is of a kind mentioned in section 35 any written direction that is reasonable in the circumstances.
A police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of —
public safety;
public order; or
the protection of the rights and freedoms of other persons.
The rights and freedoms mentioned in subsection (2)(c) includes a reference to the rights and freedoms of the public to enjoy the place and the rights of persons to carry on lawful business in or in association with the place.
Without limiting subsection (1), a direction may require a person to do one of the following:
leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;
leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;
move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.
Contravening direction to move on
Any person who, without reasonable excuse, contravenes any direction under section 36 to the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
Seizure of films of law enforcement activities
Any police officer of or above the rank of sergeant, or any CPIB officer, narcotics officer, intelligence officer or immigration officer, if satisfied upon information and after such further inquiry as the officer thinks necessary, that any person —
is making, has made or is about to make;
is exhibiting or communicating or is about to exhibit or communicate; or
has in his or her possession,any film or picture containing a record of any law enforcement activities, and the officer reasonably believes that the film or picture, if exhibited or communicated (whether to the public or any section of the public or otherwise) —
prejudices the effective conduct of an ongoing law enforcement operation or investigation, or any intelligence operation; or
endangers or will endanger the safety of any law enforcement officer in an ongoing law enforcement operation or investigation, or any intelligence operation,the officer may exercise any of the powers specified in subsection (2).
Any police officer of or above the rank of sergeant, or any CPIB officer, narcotics officer, intelligence officer or immigration officer may —
direct the person reasonably believed to be making, exhibiting or communicating a film or picture or about to do so to immediately cease making, exhibiting or communicating the film, and either —
to immediately delete, erase or otherwise destroy the film or picture; or
to surrender the film or picture to the police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer, as the case may be;
without warrant, search any person whom he or she has reason to believe is in possession of a film or picture mentioned in subsection (1);
without warrant, and with such assistance and by such force as is necessary, by night or by day, enter and search any place where he or she has reason to believe any film or picture mentioned in subsection (1) is kept; or
without warrant, and with such assistance and by such force as is necessary, seize any film or picture mentioned in subsection (1) and any copy thereof, and any equipment (including a handphone) used or about to be used in the making, exhibition or communication of the film or picture,and take into custody any person reasonably believed to be in possession thereof.
Any film, picture and any equipment (including a handphone) used in the making, exhibition or communication of the film or picture may be forfeited and shall be destroyed or otherwise disposed of in such manner as the Commissioner may direct.
Where a person to whom a direction under subsection (2)(a) is given fails to comply with the direction, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
“cinematograph film” means the aggregate of visual images embodied in an article or a thing so as to be capable by the use of that article or thing —
of being shown as a moving picture; or
of being embodied in another article or thing by the use of which it can be so shown,and includes the aggregate of the sounds embodied in a soundtrack associated with such visual images;
“communicate” means to transmit by electronic means (whether over a path, or a combination of paths, provided by a material substance or by wireless means or otherwise) a film or picture, whether or not it is sent in response to a request, and includes —
the broadcasting of the film or picture;
the inclusion of the film or picture in a cable programme; and
the making available of a film or picture on a network or otherwise in such a way that the film or picture may be accessed by any person from a place and at a time chosen by the person,and “communicating” and “communication” are to be construed accordingly;
“CPIB officer” has the meaning given by the Prevention of Corruption Act 1960;
“film” means —
any cinematograph film;
any video recording, or any disc or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture; or
any other material, record or thing on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or electronic device, is capable of being reproduced or displayed as wholly or partly visual moving pictures,and includes any part of a film, and any copy or part of a copy of the whole or any part of a film;
“immigration officer” means an immigration officer appointed under section 3 of the Immigration Act 1959;
“intelligence officer” means a public officer appointed to such Scheme of Service as the Minister designates;
“law enforcement” means —
activities carried on by any police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer in the exercise of any function, power or duty of such an officer in accordance with law;
activities carried on by any police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer for the purpose of dealing with terrorism, civil unrest or public disorder; or
activities carried on by any police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer (as the case may be) in preparation for or directly in support of any activity mentioned in paragraph (a) or (b);
“narcotics officer” means a public officer appointed to the Narcotics Service;
“photograph” means a product of photography or of a process similar to photography, other than an article or a thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, photocopy, and record of an image, whether digitally or in another way;
“picture” includes —
any drawing, whether made by computer graphics or otherwise; and
any photograph, photographic negative, photographic plate or photographic slide,and includes any part of a picture.
Obstruction of police officers under section 29 or 38 or Commissioner under section 30(11)
Any person who wilfully obstructs —
any police officer in the exercise of any power conferred by or under section 29(3) or 38(2); or
the Commissioner in the exercise of the power conferred by or under section 30(11),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
Part 5
Power of arrest
Any police officer may arrest without warrant any person offending in the officer’s view against any of the provisions of this Act, and take the person before a Magistrate’s Court to be dealt with according to law.
Composition of offences
The Commissioner or any police officer authorised in writing by the Commissioner may compound any offence under this Act which is prescribed as an offence which may be compounded by the Commissioner or such police officer by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of either of the following amounts:
one half of the amount of the maximum fine that is prescribed for the offence;
$5,000.
On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
Owner or occupier of premises where unlawful assembly, etc., takes place
Where the owner or occupier of any premises upon which an assembly or a procession is about to take place is given notice by any police officer that the assembly or procession is unlawful under Part 2, and such assembly or procession does take place on those premises, the owner or occupier of those premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, unless he or she took all reasonable measures and exercised all due diligence to prevent the assembly or procession from taking place.
Onus of proof
In any proceedings under this Act, the onus of proving that the public or any class of the public did not have access to any public place lies on the person alleging the fact.
Offences by bodies corporate, etc.
Where an offence under this Act committed by a body corporate is proved —
to have been committed with the consent or connivance of an officer of the body corporate; or
to be attributable to any act or default on the officer’s part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) is to apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
Where an offence under this Act committed by a partnership is proved —
to have been committed with the consent or connivance of a partner; or
to be attributable to any act or default on the partner’s part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
to be attributable to any act or default on the part of such an officer or a member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
“body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005;
“officer” —
in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
The regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
Service of documents, etc.
Any document required or authorised to be given or served under this Act may be served —
in the case of an individual —
by delivering it to the individual personally;
by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the place of residence of the individual;
by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the place of business of the individual;
by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual;
by sending it by fax to the fax number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Commissioner or an authorised officer by the individual as the fax number for the service of documents on the individual; or
by electronic communication, by sending an electronic communication of the document to the last email address given to the Commissioner or an authorised officer by the individual as the email address for the service of documents on the individual;
in the case of a partnership other than a limited liability partnership —
by delivering it to any one of the partners or the secretary or other like officer of the partnership;
by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore;
by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; or
by electronic communication, by sending an electronic communication of the document to the last email address given to the Commissioner or an authorised officer by the partnership as the email address for the service of documents on the partnership; and
in the case of any limited liability partnership or any other body corporate —
by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;
by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore;
by sending it by fax to the fax number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or
by electronic communication, by sending an electronic communication of the document to the last email address given to the Commissioner or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate.
In addition to the modes of service prescribed in subsection (1), any document required or authorised to be given or served under Part 2 in connection with an advance notice of or an application for a permit in respect of a public assembly or public procession, the grant or cancellation of such a permit, or an appeal under section 11, may, subject to subsection (4), be served by electronic communication, by sending an electronic communication of the document —
in the case of an individual — to the last email address given to the Commissioner or an authorised officer by the individual as the email address for the service of documents on the individual;
in the case of a partnership other than a limited liability partnership — to the last email address given to the Commissioner or an authorised officer by the partnership as the email address for the service of documents on the partnership; and
in the case of any limited liability partnership or any other body corporate — to the last email address given to the Commissioner or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate.
Where any notice or other document to be served by the Commissioner or the Minister is —
sent by a fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be;
sent by electronic communication to an email address in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and
sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.
Service of any document under subsection (2) on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address.
This section does not apply to notices and documents to be served in proceedings in court.
Power to exempt
The Minister may, by order in the Gazette, with or without conditions, exempt any person or class of persons, or any assembly or procession or class of assemblies or processions, from any of the provisions of this Act.
Regulations
The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:
the form or particulars of application for the issue of a permit or prohibited item permit;
the conditions subject to which a permit or prohibited item permit may be issued;
the procedure as regards the lodging of an appeal under section 11 and the practice and procedure upon the hearing of an appeal;
the fees to be paid in respect of any matter or anything done, or any services rendered, by the Commissioner under or by virtue of this Act;
the waiver or refund, in whole or in part, by authorised officers of any such fees in the circumstances of any particular case;
the offences which may be compounded under section 41 and the manner in which such offences may be compounded;
the prescribing of anything that is required or permitted to be prescribed under this Act.
The regulations may —
provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both;
prescribe different fees for different classes of permits; and
provide for such transitional, saving and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient.
All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Application of other laws
This Act has effect despite any other law relating to the movement of traffic or pedestrians on roads or the use or obstruction of a public place, to air navigation, to public entertainment or to undesirable publications.
Despite subsection (1), nothing in this Act affects the common law of trespass and, in particular, the right of a person in, or entitled to, possession of land to request a trespasser to leave the land, and if the trespasser refuses to leave on being requested, to remove the trespasser from the land.
To avoid doubt, nothing in Part 3 affects the operation of the provisions of the Liquor Control (Supply and Consumption) Act 2015 in relation to any Liquor Control Zone declared under section 15(1) of that Act that falls wholly or partly within a special event area.
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