Criminal Law (Temporary Provisions) Act 1955

This Act is the Criminal Law (Temporary Provisions) Act.

This Act continues in force for a period of 5 years beginning on 21 October 2019.

The expiry of this Act shall not affect the operation thereof as respects things previously done or omitted to be done.

“authorised officer” means —

“document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of these means, and includes any banner, emblem or other insignia;

“explosive substance” shall be deemed to include any materials for making any explosive substance and any bomb, grenade, 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 and any part of such bomb, grenade, apparatus, machine or implement;

“police officer” includes any member of the Special Constabulary constituted under Part 8 of the Police Force Act 2004;

“subversive document” means any document which contains —

“supplies” includes money, food, drink, clothing, rubber, tin or other valuable commodity, any medicine or drug or other medical supplies, and any material or instrument or part thereof for printing, typewriting or duplicating words or objects in visible form.

Any person who demands, collects or receives any supplies from any other person in circumstances which raise a reasonable presumption that he intends or is about to act or has recently acted in a manner prejudicial to public safety in Singapore or the maintenance of public order therein or that the supplies so demanded, collected or received are intended for the use of any person who that firstmentioned person knows or has reason to believe intends, or is about, so to act, or has recently so acted, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years.

Any person who is found in possession of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that the supplies are intended for the use of any person who that firstmentioned person knows or has reason to believe intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years.

Any person who provides, directly or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that the firstmentioned person knows or has reason to believe that other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, or that the supplies so provided are intended for the use of any person who intends, or is about, so to act, or has recently so acted, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years.

No person shall be convicted of any offence under subsection (3) if he proves that prior to being charged with or accused of that offence by a police officer or a person in authority he voluntarily gave full information of the offence to a police officer.

In any charge of any offence under any of the provisions of this section, it shall not be necessary to specify the person or persons from whom any supplies were demanded, collected or received or to whom any supplies were provided.

Any person who, without lawful excuse, makes, causes to be made, carries or has in his possession or under his control any subversive document shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years.

Every document purporting to be a subversive document shall be deemed to be a subversive document until the contrary is proved.

Where, in any prosecution under this section, it is proved that a person made, was carrying or had in his possession or under his control a subversive document, he shall be deemed to have known the nature and contents of the document.

No person shall be convicted of an offence under this section if he proves to the satisfaction of the court —

“Commissioner” means the Commissioner for Labour, and includes any Deputy or Assistant Commissioner for Labour;

“essential service” means any service, business, trade, undertaking, manufacture or calling included in Part 1 of the First Schedule;

“lock-out” means the closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a trade dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;

“public health service” means —

“strike” means the cessation of work by a body of persons employed in any essential service acting in combination, or a concerted refusal or a refusal under a common understanding of a number of persons who are or who have been so employed to continue to work or to accept employment;

“workman” means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work, and includes, for the purposes of any proceedings under this Part in relation to a trade dispute, a workman discharged during that dispute.

No workman employed in any of the following essential services shall go on strike:

No workman employed in any essential service, not being an essential service specified in subsection (1), shall go on strike —

No employer shall lock out any workman engaged in any essential service specified in subsection (1).

No employer shall lock out any workman engaged in any essential service, not being an essential service specified in subsection (1) —

The notice referred to in subsection (2) shall —

The notice referred to in subsection (4) shall —

The employer shall cause a copy of the notice referred to in subsection (4) to be posted at 3 conspicuous places in the place of work where the workmen affected thereby are ordinarily employed.

A copy of every notice which is given under subsection (2) or (4) shall be delivered to the Commissioner within 3 days after the notice is given.

Every notice which is given under subsection (2) or (4) shall expire at the end of 30 days from the date of the notice.

In this section, “proceedings” means —

Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Any employer who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Whenever the Minister declares that an immediate threat to public peace exists within Singapore or any part thereof, any police officer not below the rank of sergeant may command any assembly of 10 or more persons within Singapore to disperse and it shall thereupon be the duty of those persons to disperse accordingly.

Any person joining or continuing in any assembly referred to in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

Any declaration under subsection (1) shall, but without prejudice to the making of a further declaration, remain in force for a period not exceeding 48 hours.

In any prosecution under this section, a certificate signed by the Minister as to the date and time of the making of a declaration shall be admissible in evidence and shall not be called in question in any court.

A police officer not below the rank of sergeant may, without warrant and with or without assistance, enter and search any premises, stop and search any vehicle or individual, whether in a public place or not, if he suspects that any evidence of the commission of an offence is likely to be found on the premises or individual or in the vehicle, and may seize any evidence so found.

Without prejudice to the provisions of any other written law, any police officer may, when on duty and on the authority of a police officer not below the rank of sergeant —

Any police officer searching a vessel under subsection (2) may seize any evidence found therein of the commission of any offence under the provisions of any written law for the time being in force.

Any person resisting or hindering or in any way obstructing any police officer carrying out a search under this section shall be guilty of an offence.

Any person who, knowing or having reasonable cause to believe that another person is guilty of any offence included for the time being in the Second Schedule, fails to report the same to a police officer at the earliest possible opportunity shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.

Where any person is charged with an offence under subsection (1), the burden of proving that there was no opportunity of making a report to a police officer, or that such a report was, in fact, made by him at the earliest possible opportunity, shall lie on the accused.

Subsection (1) shall not apply to communications made by a client to an advocate and solicitor which are protected from disclosure under section 128 of the Evidence Act 1893.

Without prejudice to the operation of Chapter 5 and Chapter 23 of the Penal Code 1871, any person who attempts to commit, or does any act preparatory to the commission of an offence under this Act, shall be deemed to be guilty of that offence.

No person, knowing or having reasonable cause to believe that another person has committed an offence under this Act, shall give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for that offence.

Where any person is charged with any offence under this Act, any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of a police investigation or not, by that person to or in the hearing of any police officer of or above the rank of sergeant shall, notwithstanding anything to the contrary contained in any written law, be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in cross‑examination and for the purpose of impeaching his credit.

No statement referred to in subsection (1) shall be admissible or so used if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against that person, proceeding from a person in authority and sufficient, in the opinion of the court, to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

A court may at any time order that no person shall publish the name, address or photograph of any witness in any case tried or about to be tried before it for an offence under this Act, or any evidence or any other thing likely to lead to the identification of any such witness.

Any person who acts in contravention of any order made under subsection (1) shall be guilty of an offence.

The provisions of the Criminal Procedure Code 2010 relating to the disposal of property the subject of offences shall apply to any article coming into the possession of an authority which the authority has reasonable ground for believing to be evidence of the commission of an offence under this Act, as they apply to property coming into the possession of the police, and in relation to any such article, shall have effect as if any reference therein to a police officer included a reference to an authority.

For the purposes of this section, “authority” includes any public officer and any other person whomsoever having functions in connection with the operation of this Act.

Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in the law apart from this section.

When any order or declaration is made or direction given under the provisions of this Act, the authority making the order or declaration or giving the direction shall cause notice of the effect of it to be given as soon as possible in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of it.

Any order or declaration made or direction given under subsection (1) shall have effect as soon as notice under that subsection has been given, without publication in the Gazette.

In sections 27A, 27B and 27C —

“appropriate consent” means —

“authorised analyst” means a person appointed by the Commissioner of Police to be an analyst;

“body sample” means —

“DNA” means deoxyribonucleic acid;

“DNA information” means genetic information derived from the forensic DNA analysis of a body sample;

“finger impression” includes thumb impression and palmar impression;

“intimate sample” means any body sample that is obtained by means of any invasive procedure, but does not include any sample described in subsection (3);

“other particulars”, in relation to a person, means any particulars, information or description of that person, other than his registrable particulars, that may be relevant or useful in the identification of that person;

“photograph”, in relation to a person, includes the photograph of any distinguishing feature or mark on the body of that person;

“registered medical practitioner” has the meaning given by the Medical Registration Act 1997 and includes a dentist registered under the Dental Registration Act 1999;

“registrable particulars” means the particulars of any detention or supervision order made under section 30(1), 32 or 38 and any name, description, photograph or finger impression of, or document relating to, any person so detained or placed under supervision, as the case may be.

Subject to subsection (3), the Minister may prescribe additional types of body samples that may be taken under section 27A.

The additional types of body samples that may be prescribed under subsection (2) shall not include samples to be obtained from —

A police officer or officer of the Central Narcotics Bureau may exercise all or any of the following powers in respect of any person referred to in subsection (2):

The powers referred to in subsection (1) may be exercised in respect of any of the following persons:

Every person mentioned in subsection (2) shall —

Where any person mentioned in subsection (2) fails, without reasonable excuse, to comply with subsection (3) —

No —

All photographs, finger impressions and particulars of a person taken before 21 October 2004 under section 27 or 37 in force before that date shall be deemed to have been taken under this section.

For the purposes of section 27A(1)(c), a body sample may only be taken by —

Before taking any body sample, the person authorised by subsection (1) to take the sample must satisfy himself that the taking of the sample does not endanger the person from whom the sample is to be taken.

The fact that a body sample has been taken for the purposes of section 27A shall be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police.

Every body sample taken for the purposes of section 27A shall be sent to an authorised analyst for forensic DNA analysis.

The Commissioner of Police shall cause to be maintained —

Any information stored in the register and the DNA database under subsection (1) may be used for all or any of the following purposes:

Where any photograph, finger impression, record of particulars or body sample has been taken under section 27A from an arrested person and that person is subsequently released, without being —

For the purposes of subsection (2)(d) —

Whenever the Minister is satisfied with respect to any person, whether the person is at large or in custody, that the person has been associated with activities of a criminal nature, the Minister may, with the consent of the Public Prosecutor —

Every decision of the Minister on a matter in subsection (1) is final.

In this section, “activities of a criminal nature” means any activity specified in the Fourth Schedule.

Every order made by the Minister under section 30(1) shall, together with a written statement of the grounds upon which the Minister made the order, be referred by the Minister to an advisory committee constituted as provided in section 39, within 28 days of the making of the order.

The advisory committee shall submit to the President a written report on the making of the order and may make therein such recommendations as it shall think fit.

The President shall consider the report and may cancel or confirm the order and in confirming the order may make thereto such variations as he thinks fit.

At any time after an order of detention in respect of a person has been made under section 30(1) or confirmed under section 31(3) or after the expiry of the validity of the order, the Minister may by order direct that the person be subject to the supervision of the police for any period not exceeding 3 years from the date of the order and thereupon any detention order made or confirmed in respect of that person shall be deemed to be cancelled and that person if under detention shall be released.

Section 31 shall apply to any order made by the Minister under subsection (1) as it applies to an order made by the Minister under section 30(1).

The Minister may, by order in writing served on a person directed to be subject to the supervision of the police under section 30(1) or 32 (called in this Act a person subject to supervision), direct the person to comply with all or any of the obligations prescribed by rules made under section 49 for the purposes of this section.

The Minister may, from time to time, by order in writing served on the person subject to supervision —

A person subject to supervision who contravenes or fails to comply with any obligation imposed on that person by an order under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term of not less than one year and not more than 3 years.

A person subject to supervision is not required to comply with any obligation imposed on that person by an order under subsection (1) or (2) —

The President may, from time to time, extend the validity of any order of detention confirmed under section 31(3) for periods not exceeding 12 months at any one time and may at any time refer any such order for further consideration by an advisory committee.

The President may, from time to time, extend the period for which a person is directed to be under the supervision of the police by any order confirmed under section 31(3) and may at any time refer any such order for further consideration by an advisory committee.

Every advisory committee shall for the purposes of this Act have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations and for compelling the production of documents.

Every member of an advisory committee shall be deemed to be a public servant within the meaning of the Penal Code 1871 and shall have in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under the provisions of this Act the like protection and privileges as are by law given to a Judge in the execution of his office.

Every advisory committee shall have regard to the requirements of public safety, the protection of individuals and the safeguarding of sources of information and subject to the provisions of this Act and any rules made under section 49 may regulate its own procedure.

Every person detained in pursuance of an order made under section 30(1) shall be detained in such place as the Minister may direct and in accordance with instructions issued by the Minister.

The Minister may by order direct the removal from any place of detention to another place of detention to be specified in the order of any person detained in pursuance of an order made under section 30(1).

On proof to his satisfaction that the presence at any place of any person detained in pursuance of an order made under section 30(1) is required in the interests of justice, or for the purpose of any inquiry, or in the public interest or in the interest of the person detained, the Minister may order that the person be taken to that place.

Any person in the course of removal under subsection (2) or in the course of being taken to any place in pursuance of subsection (3) and when so removed or while at that place shall be kept in such custody as the Minister may direct and while in that custody shall be deemed to be in lawful custody.

The Minister may, from time to time, on the recommendation of an advisory committee appointed for the purposes of this section, direct that a detainee shall be released from day to day to engage in such employment (including self‑employment) as the Minister may specify.

Any direction made under subsection (1) shall have effect for a period to be fixed by the Minister and may be subject to such conditions and restrictions as may be imposed by the Minister.

The Minister may at any time revoke any direction made under subsection (1).

The Minister may, subject to such conditions and restrictions as he thinks fit, grant leave to a detainee in respect of whom a direction has been made under subsection (1) to spend his leave at such place as the Minister may specify.

The Minister may at any time revoke any leave granted to a detainee under subsection (4).

Where any direction made under subsection (1) is in force in respect of a detainee or any leave is granted under subsection (4) to a detainee, the superintendent of the place of detention shall release the detainee at such times and for such periods as are necessary to give effect to the direction or grant of leave.

If any detainee in respect of whom a direction has been made under subsection (1) or leave has been granted under subsection (4) remains at large without lawful excuse or fails to return to his place of detention after the direction or leave has been revoked, he shall be deemed to be unlawfully at large and to have escaped from lawful custody.

Every person released under this section shall continue to be in the legal custody of the superintendent of the place of detention from which he is released during every period for which he is so released.

For the purposes of this section, “detainee” means any person who is detained in pursuance of an order made under section 30(1).

Any police officer may, without warrant, arrest and detain pending enquiries any person in respect of whom he has reason to believe there are grounds which would justify the detention of the person under section 30(1).

No person shall be detained under this section for a period exceeding 24 hours except with the authority of a police officer of or above the rank of assistant superintendent or for a period of 48 hours in all.

If an officer of or above the rank of superintendent of police is satisfied that the necessary enquiries cannot be completed within the period of 48 hours he may authorise the further detention of the person for an additional period not exceeding 14 days and shall on giving such authorisation forthwith report the circumstances to the Commissioner of Police.

Any person detained under the powers conferred by this section shall be deemed to be in lawful custody and may be detained in any prison, or in any police station or in any other similar place authorised generally or specially by the Minister.

Any police officer may, without warrant, arrest any person found at large in respect of whom there is in existence a detention order made by the Minister under section 30(1) and shall forthwith report the arrest to the Commissioner of Police.

Any person arrested under subsection (1) shall be deemed to be in lawful custody and may be detained for a period not exceeding 48 hours in any prison or in any police station pending the issuing of instructions by the Minister for his further detention.

Subject to this section, the powers conferred upon a police officer under sections 44, 45 and 46 may be exercised by an officer of the Central Narcotics Bureau.

The powers conferred upon a police officer of or above the rank of assistant superintendent under sections 44(2) and 46 may be exercised by the Director, a Deputy Director or a Divisional Director of the Central Narcotics Bureau.

The power conferred upon an officer of or above the rank of superintendent of police under section 44(3) may be exercised by the Director or a Deputy Director of the Central Narcotics Bureau.

Subject to subsection (5), where the power conferred upon an officer of or above the rank of superintendent of police under section 44(3), or the power conferred upon a police officer under section 45(1), is exercised by an officer of the Central Narcotics Bureau in accordance with this section, the duty to report to the Commissioner of Police under those sections shall be read as a duty to report in a similar manner to the Director of the Central Narcotics Bureau.

The duty to report to the Director of the Central Narcotics Bureau referred to in subsection (4) shall not apply where the power under section 44(3) or 45(1) was exercised by the Director of the Central Narcotics Bureau himself.

In any case relating to the commission of an offence under section 33(3), an officer of the Central Narcotics Bureau —

In this section —

“Director”, “Deputy Director” and “Divisional Director”, in relation to the Central Narcotics Bureau, mean the Director, a Deputy Director and a Divisional Director, respectively, of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act 1973;

“officer of the Central Narcotics Bureau” means the Director, a Deputy Director, a Divisional Director or any other officer of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act 1973.

The Minister may make rules for the purpose of carrying into effect all or any of the provisions of this Part.

Without prejudice to the generality of the powers conferred by subsection (1), such rules may provide for —