Police Force Act

“arm” includes firearm;

“Auxiliary Police Force” means any force created under the provisions of Part IX;

“auxiliary police officer” means a person appointed as such under the provisions of Part IX;

“commanding officer” or “officer commanding” means the Deputy Commissioner of Police, a senior assistant commissioner of police, an assistant commissioner of police, the commandant of the Police Training School, and any police officer lawfully acting in any of these appointments;

“Commissioner” means the Commissioner of Police;

“constable” means a police officer below the rank of lance corporal;

“Deputy Commissioner” means the Deputy Commissioner of Police;

“gazetted officer” means a police officer of any rank from and including the Commissioner down to and including a probationary assistant superintendent;

“inspector” means an inspector of police of whatever grade from and including a chief inspector down to and including a cadet inspector;

“Police Force” means the Singapore Police Force, established by this Act and called the Polis Repablik Singapura;

“police officer” means any member of the Police Force and includes a temporary constable;

“Police Regulations” means regulations made under section 54;

“national serviceman” means a person who has been directed to present himself for enlistment in the Police Force under the provisions of any written law for the time being in force relating to national service or enlistment;

“special police officer” means a member of the Special Constabulary constituted under Part VIII;

“subordinate officer” means a police officer of any rank from and including a sub-inspector down to and including a constable.

Any act or thing which may be done, ordered or performed by the Commissioner under this or any other written law may, subject to the orders and directions of the Commissioner, be done, ordered or performed by the Deputy Commissioner, a senior assistant commissioner of police, or an assistant commissioner of police.

In the absence or incapacity of the Deputy Commissioner, the Commissioner may authorise any gazetted officer to exercise the powers conferred and perform the duties imposed by any written law on the Deputy Commissioner.

There shall be established a fund to be known as the Police Fund.

The Police Fund shall consist of —

The Police Fund shall be controlled by the Commissioner, subject to Police Regulations, and applied for the purposes of —

“licence” includes a pass and a permit;

“grant”, when used with reference to a licence, includes issue or give. [74

Whenever by any written law power is given to the Commissioner or the Deputy Commissioner of Police to grant licences for any purpose, the Minister may, by notification in the Gazette, appoint by name or office some other person to grant such licences in the place of or in addition to the Commissioner or the Deputy Commissioner of Police, and may in the like manner cancel any such appointment.

In the case of licences under the Minor Offences Act such officer shall not be below the rank of superintendent or assistant superintendent. [75

An inspector shall be appointed or promoted by the President.

A subordinate officer above the rank of constable may be appointed, promoted, or advanced in grade by the Commissioner.

A constable may be appointed by the Commissioner or a commanding officer and may be promoted or advanced in grade by the Commissioner.

Subject to subsection (2) —

Subsection (1) shall not apply to —

The pay and allowances of a subordinate officer shall not pass to the Official Assignee on the bankruptcy of such officer nor shall they form part of his estate for the purpose of Part VI of the Bankruptcy Act [Cap. 20].

Inspectors and subordinate officers shall engage to serve in the Police Force for such periods and on such conditions as may be prescribed by Police Regulations.

Every such engagement shall be in writing signed by the person engaged, and shall be signed by a commanding officer or other officer authorised thereto under Police Regulations.

Notwithstanding anything in any other written law, any person not below the age of 18 years shall be deemed competent to enter into an engagement under this Act.

Every subordinate officer who has completed the period of service for which he was engaged may offer himself for re-engagement for a further period, and, if approved, may be re-engaged on such terms and conditions as may be prescribed by Police Regulations.

Every such re-engagement shall be evidenced by an endorsement on the original engagement signed by the person re-engaged and by a commanding officer or other officer authorised thereto under Police Regulations.

Every subordinate officer who continues in the Police Force after the completion of the period of service for which he was originally engaged shall, unless he re-engages for a further period in accordance with section 17, be deemed to be under engagement to serve from month to month; every such engagement after the first month’s service being held to commence on the first and to be determinable on the last day of each successive month.

No such officer shall resign from the Police Force unless he has given not less than one month’s notice in writing to the Commissioner or the commanding officer under whom he is serving, as the case may be.

The notice in writing shall be given on or before the first day of the month at the end of which such officer intends to resign.

The Commissioner may without written engagement appoint persons to serve as temporary constables.

A temporary constable shall be deemed to be under engagement to serve from month to month, every such engagement being held to commence on the first and to be determinable on the last day of each successive month.

A temporary constable may be discharged at any time after one month’s notice in writing by the Commissioner or a commanding officer.

No temporary constable shall resign from the Police Force unless he has given not less than one month’s notice in writing to the Commissioner or the commanding officer under whom he is serving, as the case may be.

The notice in writing shall be given on or before the first day of the month at the end of which such officer intends to resign.

A temporary constable shall have and may exercise all the powers and privileges of, and shall be subject to the same authority and discipline as, a constable.

The Commissioner may, at any time, with the consent of the Minister, discharge a probationary inspector or cadet inspector, and the President may, at any time, discharge any other inspector if he is satisfied that it is desirable in the public interest to do so.

The Commissioner or a commanding officer may discharge any subordinate officer who has not completed 10 years’ service, whether such officer is serving on agreement or is under engagement to serve from month to month.

The Commissioner may, at any time, discharge a subordinate officer with 10 years’ service or over if, in the opinion of the Commissioner, it is desirable in the public interest to do so.

Where an officer has been discharged under this section, section 8 of the Pensions Act [Cap. 225], so far as it relates to the grant of any pension, gratuity or other allowance shall apply to him.

Nothing in this section shall be deemed to affect or prejudice any power of dismissal from the Police Force conferred by this Act or by any regulations made under this Act.

For the purpose of enabling police officers to consider and bring to the notice of the Government matters affecting their welfare and efficiency, including pay, pensions and conditions of service, other than questions of discipline and promotion affecting individuals, there may be established one or more associations which shall operate and be administered in accordance with Police Regulations. Any such association and any branch thereof shall be entirely independent of any trade union or other association outside the Police Force, and shall be deemed not to be a trade union within the meaning of the Trade Unions Act [Cap. 333] and shall be exempt from the provisions of the Societies Act [Cap. 311].

Subject to subsection (1), no police officer shall become, or after the expiration of one month from the commencement of this Act be, a member of —

Any police officer who contravenes subsection (2) shall be guilty of an offence.

Any question whether any association is a trade union or association to which this section applies shall be determined by the Minister on the advice of the Commissioner.

In this section “police officer” includes any member of the police force of Malaysia present in Singapore under the circumstances referred to in section 44.

An inspector shall be entitled to claim his discharge in accordance with the terms of his engagement.

A subordinate officer shall be entitled to claim his discharge at any time during his first or any subsequent engagement on giving one month’s notice in writing to the commanding officer under whom he is serving of his intention to resign from the Police Force, and on payment of a sum equal to two month’s pay of the rank he holds at the time of such notice for each unexpired year of his term of engagement with a rateable proportion for part of a year.

Every police officer who by resignation, dismissal, discharge or otherwise leaves the Police Force, shall before leaving deliver up in good order (fair wear and tear only excepted) any arms, ammunition, accoutrement, uniform or other article supplied to him and any other property belonging to the Government which may be in his possession.

Any person neglecting so to deliver up such article or property shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months, and in addition thereto shall be liable to pay the value of the article or property not delivered up which value shall be ascertained in a summary manner, by the same court by which the person was convicted, where it shall be recoverable as a fine.

Any police officer who unlawfully or in breach of his engagement absents himself from duty under circumstances which show that he has the intention of not returning to his duty shall be deemed to have deserted, and shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 12 months, and all arrears of pay due to him shall be forfeited.

Any police officer may arrest without warrant any person where there are reasonable grounds to believe that such person is guilty of an offence under subsection (1).

In subsection (1) “police officer” shall be deemed to include any member of the police force of Malaysia present in Singapore under the circumstances referred to in section 44.

Where a subordinate officer is found guilty by a commanding officer, or any other officer authorised by him to conduct disciplinary proceedings, of any of the following offences:

Where any officer authorised by a commanding officer to conduct disciplinary proceedings finds any subordinate officer guilty of any of the offences specified in subsection (1), he may impose on such subordinate officer any of the punishments which a commanding officer may impose other than that of dismissal or retirement from the Police Force.

A subordinate officer may appeal against any finding or punishment under this section to the Commissioner within 30 days from the date of such finding or punishment and in every case where an appeal has been lodged any punishment awarded shall be suspended pending the determination of the appeal.

Where a subordinate officer is ordered to be retired under subsection (1) his service shall, for the purposes of the Pensions Act [Cap. 225], be deemed to have been terminated on the ground referred to in section 8 of that Act.

Where an inspector is found guilty by a commanding officer or any other officer authorised by Police Regulations to conduct disciplinary proceedings of any of the offences specified in section 27(1), the Commissioner may order that such inspector be dismissed or retired from the Police Force or may punish him with any of the following punishments:

An inspector who is aggrieved by a decision of the Commissioner in respect of his dismissal, retirement or reduction in rank may, within 30 days of his being notified of such decision, make application to the Public Service Commission to review the decision of the Commissioner and in every case where an application for review has been made any punishment awarded by the Commissioner shall be suspended pending the determination of the application.

The Public Service Commission may determine an application for review under subsection (2) in such manner as it thinks fit and may confirm, set aside or vary the decision of the Commissioner.

Where an inspector is ordered to be retired under this section his service shall, for the purposes of the Pensions Act [Cap. 225], be deemed to have been terminated on the ground referred to in section 8 of that Act.

Notwithstanding sections 27 and 28 and the Police Regulations, the Commissioner may, if he thinks fit, refer any case where disciplinary proceedings are to be taken against a subordinate officer or an inspector to the Public Service Commission for such case to be dealt with by the Public Service Commission in accordance with the regulations governing disciplinary proceedings in the public service.

Where any case has been referred to the Public Service Commission under subsection (1) the Commission may order that the subordinate officer or inspector, as the case may be, be dismissed or retired from the Police Force or may punish him with any of the punishments referred to in sections 27 and 28. [28A

An inspector or subordinate officer accused of any of the offences specified in section 27(1) may, instead of being dealt with under section 27 or 28, be prosecuted in court and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both.

Notwithstanding any regulations governing the discipline of special police officers made under the provisions of this Act, a special police officer may be prosecuted in court for any of the offences specified in section 27(1) and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both.

No prosecution under this section shall be instituted without the previous sanction in writing of the Commissioner or the Deputy Commissioner. [29

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

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

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

No pay shall accrue to any police officer in respect of any period during which he is undergoing any sentence of imprisonment. [35

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

No proof of the signature of such authority shall be required unless the court has reason to doubt the genuineness thereof; and where it is proved that such signature is not genuine, judgment shall nevertheless be given in favour of such police officer if it is proved that, at the time when the act complained of was committed, he believed on reasonable grounds that such signature was genuine. [36

Notwithstanding the provisions of any other law in force in Singapore any police officer may, if he considers it necessary to do so for the maintenance and preservation of law and order or for the prevention or detection of crime, erect or place barriers in or across any public road or street or in any public place in such manner as he may think fit, and may take all reasonable steps to prevent any vehicle being driven or ridden past any such barrier.

Any driver or rider of any vehicle who fails to comply with the signal of a police officer requiring such person to stop the vehicle before reaching any such barrier 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, and any police officer may, without warrant, arrest that driver or rider unless he gives his name and a place of address within Singapore:Provided that if such police officer has reason to believe that the name and address so given by the driver or rider is false he may, notwithstanding anything to the contrary in this subsection, exercise such power of arrest.

No police officer shall be liable for any loss or damage resulting to any vehicle or for any injury to the driver or rider or any other occupant of the vehicle as a result of the driver or rider of the vehicle failing to obey any police officer acting under subsection (1). [38

All members of the Police Force serving outside Singapore under the provisions of this Part shall be under the orders of their own officers:Provided that when in Malaysia they shall be subject to the control of the senior police officer present, whether he be a member of the Police Force or the police force of Malaysia, and they shall be subject to the same Regulations and Orders and, so far as possible, shall perform the same duties as when on service in Singapore.

The powers given by section 28 to the Commissioner to punish for offences committed by inspectors may, in the case of such officers serving under this Part in Malaysia, and in the absence of the Commissioner, be exercised by the senior gazetted officer of the Police Force serving in Malaysia. [40

Any lost or unclaimed property deposited at a police station in accordance with any written law shall, if claimed within 3 months by any person who establishes his claim to such property to the satisfaction of the Deputy Commissioner, be returned to him on payment of any expenses reasonably incurred.

If the property is of a perishable nature it may be sold at once and the proceeds of sale forwarded to the Deputy Commissioner pending any claim to such property.

If any such property is not claimed within 3 months, or if the claimant refuses to pay the expenses reasonably incurred, the property may be sold, and the proceeds of the sale, after deducting such expenses, shall if amounting to $50 or less be paid into the Police Fund and if exceeding $50 be paid into the Consolidated Fund after payment of the sum of $50 into the Police Fund. [49

Whenever any person dies leaving movable property in Singapore under $500 in value, which property is, in the absence of any person entitled thereto, taken charge of by the police for the purpose of safe custody, the Deputy Commissioner may, if he thinks fit, order that property to be delivered, without letters of administration taken out, to any person claiming to be entitled to the whole or any part thereof, if he is satisfied as to the title of the claimant and the value of the property by the oath or affirmation of the claimant, or by such other evidence as he may require:Provided that in the event of any such property being of a perishable nature and likely to deteriorate in value by being kept, the Deputy Commissioner may order the sale thereof, and the proceeds of such sale shall be dealt with in the same manner as the property is by this section to be dealt with.

The Deputy Commissioner may, at his discretion, before making any order under subsection (1), take such security as he may think proper for the due administration and distribution of such property.

Nothing in this section shall affect the right of any person to recover such property or any of it from the person to whom it may have been delivered pursuant to such order.

Any property taken charge of under this section and not claimed within a period of one month, may, with the exception of money, be sold by order of the Deputy Commissioner and the proceeds of such sale, together with any such money, shall if amounting to $100 or less be paid into the Police Fund and if exceeding $100 be paid into the Consolidated Fund after payment of the sum of $100 into the Police Fund:Provided that if thereafter the owner of such property appears and claims the same, restitution shall be made, on the claim being established to the satisfaction of the Deputy Commissioner. [50

The Minister may make such regulations not inconsistent with the provisions of this Act to be called Police Regulations as he may think expedient. Without prejudice to any other provisions of this Act, such regulations may provide for —

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

All regulations made under this section shall be published in the Gazette. [53

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

A commanding officer may issue orders to be called Standing Orders not inconsistent with the provisions of this Act or Police Regulations, Police General Orders or Force Orders for the control, direction and information of the police in his command. [55

The Commissioner may enrol in the Special Constabulary —

No volunteer who is not a citizen of Singapore shall be enrolled by the Commissioner under subsection (1) without the approval of the Minister. [59

The gazetted officers of the Special Constabulary shall be appointed, promoted or dismissed by the Minister. Inspectors and subordinate officers shall be appointed, promoted, reduced in rank or in grade or dismissed or discharged by the Commissioner or the Deputy Commissioner.

No person who has been called up for national service in the Special Constabulary shall be discharged or dismissed under subsection (1) except with the prior approval of the proper authority appointed under the provisions of any written law for the time being in force relating to national service or enlistment. [60

Every person enrolled under section 60 shall take an oath or affirmation in such form as the Minister may prescribe before a gazetted officer of the Police Force.

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

This section shall not apply to national servicemen. [61

With the permission of the Minister, the Commissioner may mobilise for active service the Special Constabulary or any part thereof to perform either general or special police duties. Such service shall continue until an order is made by the Commissioner with the approval of the Minister stating the date of demobilisation.

Every special police officer who is so mobilised shall be bound to assemble at such place and perform such service as the Commissioner or the Deputy Commissioner directs.

A special police officer shall not be liable to serve or proceed on duty beyond the limits of Singapore without his consent. [64

The Commissioner may, with the approval of the Minister, authorise the creation of an Auxiliary Police Force within the limits of any specified area owned by or under the jurisdiction or control of the Government or of any company, statutory body or other organisation, as the case may be, for the purpose of safeguarding life and property within such area.

The Commissioner may, in his discretion, confer the powers of a police officer upon one or more suitable persons who are employed by the Government or, after such consultation with the employer as he considers necessary, by any company, statutory body or other organisation, in work of a nature which, in the opinion of the Commissioner, renders the conferment of such powers necessary or desirable, and every such person shall be known as an auxiliary police officer and shall carry a warrant card issued by the Commissioner.

Every auxiliary police officer shall on appointment take an oath or affirmation in the form appropriate to his case, as set out in the Schedule, to be taken before a gazetted officer of the Police Force.

The members of every Auxiliary Police Force shall be auxiliary police officers and shall be organised in ranks similar to those of the Police Force, and shall be subject to the authority of the Commissioner for the maintenance of law and order, the preservation of public peace and the prevention and detection of crime within the limits of the respective areas of each Auxiliary Police Force and to such extent outside the limits of such areas as the Commissioner may decide.

Every auxiliary police officer shall have the powers, protection and immunities of a police officer of corresponding rank within the area under the jurisdiction of the Auxiliary Police Force of which he is a member and to such extent outside the limits of such area as the Commissioner may decide:Provided that he shall also have such powers, protection and immunities outside such area when pursuing or in charge of any person who has committed, or is suspected of having committed, an offence within the limits of that area or within his view outside that area.

The Commissioner may, after consultation with the company, statutory body or other organisation employing an Auxiliary Police Force, second one or more police officers for service with such Auxiliary Police Force, and the salaries and allowances of those police officers shall be paid by that company, statutory body or other organisation.

The pay, pensions and conditions of service of every auxiliary police officer and his day to day duties shall be matters entirely within the jurisdiction of the Government, if he is employed by the Government, or of the company, statutory body or other organisation employing him, and standard arms, ammunition and other accoutrements shall be provided at the expense of the Government or of such company, statutory body or organisation, as the case may be.

Section 21 shall apply to auxiliary police officers who are members of an Auxiliary Police Force created within the limits of a specified area in the like manner as it applies to police officers:Provided that auxiliary police officers shall not be precluded from making representations of the nature mentioned in section 21(1) to the company, statutory body or other organisation employing them.

Upon the dismissal of any auxiliary police officer by the Government or by any company, statutory body or other organisation employing him, as the case may be, the Commissioner shall cancel the warrant card of such auxiliary police officer, who shall thereupon cease to be an auxiliary police officer.

Upon the resignation of any auxiliary police officer from the service of the Government or of any company, statutory body or other organisation, as the case may be, the auxiliary police officer shall surrender his warrant card to the Commissioner, and shall thereupon cease to be an auxiliary police officer.

Notwithstanding subsections (9) and (10), the Commissioner may, after prior notice to the employer of the Auxiliary Police Force concerned, in his discretion cancel at any time the warrant card issued to any auxiliary police officer, who shall thereupon cease to be an auxiliary police officer.

The Minister may make regulations to be called the Auxiliary Police Regulations to carry out the purposes of this section, and without prejudice to the generality of the foregoing powers, such regulations may provide for —

Any act done or omitted to be done by any auxiliary police officer employed by any company, statutory body or other organisation shall be deemed to be an act done or omitted to be done in the course of his employment with such company, statutory body or other organisation, as the case may be, and the Government shall not be liable for any act done or omitted to be done by any auxiliary police officer who is not employed by the Government. [73

The Commissioner may in his discretion grant an application made by any person for the employment of police officers for the purpose of guarding himself or any other person or any property, or for any other reason acceptable to the Commissioner.

Where such application is granted —

The Government shall not be liable for any loss or damage to property, whether owned by the applicant or by any other person, consequent on the employment of police officers as provided in this section. [80