In force2020 Revised Edition

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Public Order and Safety (Special Powers) Act 2018 · 2020 Revised Edition · Part 4 · Special Powers

22. Power to search individuals

(1)

A police officer may, pursuant to a special authorisation, stop, detain, and search without a warrant, an individual and any personal property of the individual if —

(a)

the police officer suspects on reasonable grounds that —

(i)

the individual is the target person of the special authorisation; or

(ii)

the individual is found in the company of the target person of the special authorisation; or

(b)

the individual is in, on or near a vehicle that the police officer suspects on reasonable grounds is the target vehicle of the special authorisation.

(2)

In addition, a police officer may, pursuant to a special authorisation, stop, detain, and search without a warrant, an individual who is in the target area of the special authorisation (and any personal property of the individual) —

(a)

with a view to ascertaining whether the individual is carrying a dangerous article, an offensive weapon or a subversive document, or part of a dangerous article, an offensive weapon or a subversive document;

(b)

if necessary to substantially assist in —

(i)

preventing the occurrence of a serious incident to which the special authorisation applies; or

(ii)

controlling public disorder or restoring or maintaining public order in Singapore after the occurrence of a serious incident to which the special authorisation applies; or

(c)

if there is reasonable suspicion that the individual is committing or about to commit an offence under this Act.

(3)

Without limiting subsections (1) and (2), a police officer may, in conducting a search of any personal property of an individual mentioned in either subsection —

(a)

require the individual —

(i)

to produce or empty the contents of any bag, container or other receptacle;

(ii)

to turn out the individual’s pockets; or

(iii)

to remove one or more garments worn by the individual;

(b)

search through any bag, container or other receptacle or any garments removed in accordance with paragraph (a)(iii);

(c)

search through and move the contents of any bag, container or other receptacle; or

(d)

search through and move the contents of the individual’s pockets turned out in accordance with paragraph (a)(ii).

(4)

This section applies despite any licence or permit granted or issued, or any exemption made, under any other written law authorising the possession or use of such dangerous articles or offensive weapons.

Terms defined in this Act

dangerous article
Defined · s 2
“dangerous article” includes —(a)an article which has a blade or is sharply pointed but is not an offensive weapon;(b)an explosive or explosive precursor within the meaning of the Arms and Explosives Act;(c)a corrosive substance within the meaning of the Corrosive and Explosive Substances and Offensive Weapons Act 1958;(d)a dangerous, hazardous, radioactive or harmful substance or toxic chemical;(e)a microbial or other biological agent, or toxin (with or without its container); or(f)an article or a vehicle used or about to be used in a serious incident to cause or threaten injury to, or otherwise intimidate, any person;
Open s 2
offensive weapon
Defined · s 2
“offensive weapon” means —(a)any firearm, air gun, air pistol, stun gun, electronic dart gun, automatic gun, automatic pistol or any other kind of gun from which any shot, bullet or other missile can be discharged or noxious fumes or noxious substance can be emitted, and any component part of any such arms;(b)a bayonet, sword, dagger, spear or spearhead;(c)a bomb or grenade, any apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance, or a part of such bomb, grenade, apparatus, machine or implement; or(d)an article or a vehicle which, if used as a weapon, is likely to cause hurt within the meaning of the Penal Code 1871;
Open s 2
personal property
Defined · s 2
“personal property”, in relation to an individual, means things carried by the individual or things apparently in the immediate possession or control of the individual, but does not include clothing being worn by the individual;
Open s 2
police officer
Defined · s 2
“police officer” includes —(a)a member of the Special Constabulary established under the Police Force Act 2004; and(b)an auxiliary police officer appointed as such under Part 9 of the Police Force Act 2004;
Open s 2
public
Defined · s 2
“public” includes a section of the public;
Open s 2
serious incident
Defined · s 3
“serious incident” means — (a)the carrying out of an act constituting —(i)a terrorist act within the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act 2002 affecting persons or property situated in Singapore;(ii)a terrorist bombing offence within the meaning given by section 2 of the Terrorism (Suppression of Bombings) Act 2007 committed in Singapore;(iii)a nuclear terrorism offence within the meaning given by section 2 of the Terrorism (Suppression of Misuse of Radioactive Material) Act 2017 committed in Singapore;(iv)an abetment of or a conspiracy to commit an act or offence specified in sub‑paragraph (i), (ii) or (iii); or(v)an attempt to commit an act or offence specified in sub‑paragraph (i), (ii) or (iii); (b)the carrying out of an act of serious violence affecting the public; or(c)the carrying out of an act causing large‑scale public disorder.Illustrations(a)An explosion of a bomb in a shopping area during business hours. The bomber is evading authorities in Singapore, and a manhunt is mounted to capture the bomber.(b)The threat of an unlawful taking control of a rapid transit system by a forcible intrusion on board a train or at a train station or depot that puts the safety of the train, or any passengers or crew on board or outside the train, at risk.(c)Multiple coordinated attacks by gunmen shooting at a concert hall or cinema during a performance attended by a large audience and at other crowded locations.(d)A sit‑down demonstration for a cause attracts a large group of sympathisers who voluntarily join the sit‑in. For over a week, the group grows and the demonstrators start to occupy the publicly accessible paths and other open spaces in the central business district. Their presence starts to impede the flow of vehicular and pedestrian traffic and interfere with normal trade or business activities in the area.(e)A group protesting in the street grows in size. The protestors start to destroy nearby vehicles and throw projectiles.
Open s 3
special authorisation
Defined · s 2
“special authorisation” means an authorisation that is granted under section 11 and in effect;
Open s 2
subversive document
Defined · s 2
“subversive document” means any document which contains any matter —(a)which is seditious within the meaning of the Sedition Act 1948;(b)likely to be prejudicial to controlling public disorder or maintaining or restoring public order in Singapore;(c)counselling or likely to lead to disobedience to the law of Singapore or to any lawful order therein;(d)inciting or likely to cause unlawful violence or to promote feelings of ill will or hostility between different races or classes of the population in Singapore; or (e)likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of the public servant’s duty or against any class of public servants, or against any armed force lawfully in Singapore or any member of such force in the execution of the member’s duty, and “document” in this definition includes any thing in which information of any description is recorded, whether in electronic or other form;
Open s 2
target area
Defined · s 2
“target area” has the meaning given by section 5(1)(c);
Open s 2
target person
Defined · s 2
“target person” has the meaning given by section 5(1)(a) and (2);
Open s 2
target vehicle
Defined · s 2
“target vehicle” has the meaning given by section 5(1)(b) and (3);
Open s 2
vehicle
Defined · s 2
“vehicle” means any means of transport used on land, whether self‑propelled or not, such as a train, motor car, bicycle or personal mobility device;
Open s 2

Report

Read on from s 23

Part 5

Other Counter‑Measures

Read on from Part 5

Part 6

Offences

Read on from Part 6

Part 7

Miscellaneous

Read on from Part 7