Singapore legislation
Regulation 8
Regulation 8
Application for variation of OCPO or FRO
Subregulation 1
An application by the Public Prosecutor to vary an OCPO or FRO under section 32(1) must be filed with one or more supporting affidavits which, collectively, must contain the reasons why the variation of the OCPO or FRO would protect the public by preventing, restricting or disrupting any involvement, by the person who is the subject of the OCPO or FRO, in a Part 2 offence, or a serious offence associated with an organised criminal group.
Subregulation 2
The application mentioned in paragraph (1) and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:
the person who is the subject of the OCPO or FRO;
any person who was given an opportunity under section 28(1) to make representations in the proceedings for the making of the OCPO or FRO.
Subregulation 3
Where a person mentioned in paragraph (2)(a) or (b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (1), the person must, not less than 7 days before the date fixed for the hearing of the application —
file one or more supporting affidavits; and
serve a copy of the affidavits on the Public Prosecutor.
Subregulation 4
An application by a person who is the subject of an OCPO or FRO to vary the OCPO or FRO under section 32(1) must be filed with one or more supporting affidavits which, collectively, must contain the details of the material change of circumstances affecting the OCPO or FRO.
Subregulation 5
The application and all supporting affidavits, mentioned in paragraph (4), must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:
the Public Prosecutor;
any person who was given an opportunity under section 28(1) to make representations in the proceedings for the making of the OCPO or FRO.
Subregulation 6
Where the Public Prosecutor or person mentioned in paragraph (5)(b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (4), the Public Prosecutor or person (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —
file one or more supporting affidavits; and
serve a copy of the affidavits on the applicant mentioned in paragraph (4).
Subregulation 7
An application by a person (other than the Public Prosecutor or the person who is the subject of an OCPO or FRO) to vary an OCPO or FRO under section 32(1) must be filed with one or more supporting affidavits which, collectively, must contain all the following information:
particulars on how the person is adversely affected significantly by the OCPO or FRO;
particulars on how condition A in section 32(6) or condition B in section 32(7) (as the case may be) is met.
Subregulation 8
The application and all supporting affidavits mentioned in paragraph (7) must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:
the Public Prosecutor;
the person who is the subject of the OCPO or FRO.
Subregulation 9
Where the Public Prosecutor or person mentioned in paragraph (8)(b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (7), the Public Prosecutor or person (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —
file one or more supporting affidavits; and
serve a copy of the affidavits on the applicant mentioned in paragraph (7).
Subregulation 10
Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.
Subregulation 11
Before the hearing of the application mentioned in paragraph (1), (4) or (7), the applicant must cause a notice, specifying the day appointed for the hearing, to be published at such times and in such newspapers as the Court may direct.