Public Order (Preservation) Act

“Commissioner of Police” includes any police officer for the time being lawfully authorised to exercise the powers and perform the duties conferred or imposed upon the Commissioner of Police by this Act;

“corrosive substance” means any of the acids and substances specified in the First Schedule and shall be deemed to include all substances which are capable on application to the human body of causing hurt through corrosive action;

“document” includes any substance on which is recorded any matter, whether by letters, figures, marks, pictorial or other representation, or by more than one of these means;

“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;

“hurt” means hurt as defined in the Penal Code [Cap. 224];

“Minister” means the Minister charged with responsibility for internal security;

“offensive weapon” includes any instrument which if used as a weapon of offence is likely to cause hurt;

“police officer” includes an auxiliary police officer and a special police officer appointed in accordance with any written law for the time being in force;

“proclaimed area” means an area in respect of which a proclamation made or renewed under section 3 is for the time being in force;

“subversive document” means any document which contains —

If, in the opinion of the Minister, public order in any area in Singapore is seriously disturbed or is seriously threatened the Minister may, if he considers it to be necessary for the purpose of maintaining or restoring public order in that area to do so, proclaim the existence in that area of a state of danger to public order.

Every proclamation made under subsection (1) shall apply only to such area as is therein specified and shall remain in force until it is revoked by the Minister or ceases to have effect in accordance with subsection (3).

Every proclamation made under subsection (1) shall, but without prejudice to anything previously done by virtue thereof, cease to have effect upon the expiration of one month from the date upon which it was made:Provided that a proclamation in force may be renewed by declaration of the Minister from time to time for such period, not exceeding one month at a time, as may be specified in the declaration.

A proclamation made under subsection (1) and a declaration of renewal made under subsection (3) shall be published in such manner as the Minister thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof and shall have effect as soon as such notice has been given, without publication in the Gazette.

A copy of every proclamation made under subsection (1) and of every declaration of renewal made under subsection (3) shall be published in the Gazette and shall be presented to Parliament as soon as possible after it has been made and if a resolution is passed by Parliament annulling the proclamation or declaration, it shall cease to have effect, notwithstanding subsections (2) and (3), but without prejudice to anything previously done by virtue thereof.

In any proclaimed area —

No order under subsection (1)(b) shall be valid after the expiration of a period of 24 hours from the time when it was made unless made or confirmed by the Commissioner of Police or the officer in charge of the division having authority under subsection (1)(a).

In any proclaimed area —

Any police officer may, if it is necessary for the public security, use such force as may be necessary to disperse any procession, meeting or assembly ordered to be dispersed or prohibited under this section, which force may extend to the use of lethal weapons.

A police officer may, for the purpose of giving effect to an order or direction made under section 4, or whenever he considers it necessary to do so for the preservation of law and order or for the prevention or detection of crime, erect or place barriers in or across any road, street, path, waterway or public place in a proclaimed area in such manner as he may think fit.

A police officer may take all reasonable steps to prevent any person, whether on foot or in a vehicle or vessel, from passing any such barrier and every person shall comply with any direction or signal of any such officer requiring that person to stop at or before reaching the barrier.

A police officer may use such force as may be necessary to prevent any person from passing any such barrier, which force may extend to the use of lethal weapons.

In any proclaimed area, the Minister, the Commissioner of Police or the officer in charge of a division may by order require every person within the area or any part thereof to remain within doors between such hours as may be specified in the order unless in possession of a written permit in that behalf issued by the Minister or by a police officer of or above the rank of sergeant or by any public officer authorised in writing by the Minister, the Commissioner of Police or the officer in charge of a division to issue such permits.

No order under this section shall apply to —

The powers conferred by subsection (1) may be exercised by any police officer not below the rank of sergeant authorised in writing in that behalf by the Commissioner of Police: Provided that no order made in pursuance of this subsection shall be valid after the expiration of a period of 24 hours from the time it was made unless confirmed by the Commissioner of Police.

The Minister may vary or cancel any order made in exercise of the powers conferred by subsection (1) by a police officer.

In any proclaimed area the Commissioner of Police or an officer in charge of a division may by order exclude all persons or any class of persons from any area in the division or divisions under his charge or from any place or building therein and may require any person who is in such area or place or building to comply with such directions for regulating his movement and conduct as the Commissioner of Police or the officer in charge of a division may give.

Any police officer may search any person entering, or seeking to enter, or being in, such area, place or building, in respect of which an order under subsection (1) is for the time being in force and may detain that person for the purpose of searching him:Provided that no woman shall be searched under this subsection except by a woman.

If any person while in an area, place or building in respect of which an order under subsection (1) is for the time being in force fails to comply with the order or with any direction given thereunder then, without prejudice to any proceedings which may be taken against him, he may be removed from that area, place or building by a police officer.

The powers conferred by subsection (1) may be exercised by any police officer not below the rank of sergeant authorised in writing in that behalf by the Commissioner of Police or the officer in charge of a division.

The Minister may make an order and may vary or cancel any order made by a police officer in exercise of the powers conferred by subsection (1).

Any police officer may in a proclaimed area seize and take possession of any article or material capable of being, and which in his opinion is likely to be, used for offensive purposes.

Any article or material seized under this section shall be disposed of in such manner as the Minister may order.

The Commissioner of Police and any police officer authorised by the Commissioner in that behalf in writing may require any movable or immovable property situated within any proclaimed area or any space or accommodation in any land, building, vessel, vehicle or aircraft within that area to be placed at his disposal and may give such directions as appear to him to be necessary or expedient in connection with such requirement.

The Commissioner of Police and any police officer authorised by the Commissioner in that behalf in writing may, during any period in which a proclamation under section 3 is in force in respect of any area in Singapore require any vessel, vehicle or aircraft in any place in Singapore to be placed at his disposal and may give such directions as appear to him to be necessary or expedient in connection with such requirement.

The Minister may direct that any requisition made under this section shall cease to have effect to such extent and subject to such qualifications, exceptions and conditions as may be specified or imposed by that direction.

No requisition shall be made under this section in respect of any vessel of more than 100 tons gross tonnage, any rolling stock of the Malayan Railway or any aircraft without the prior approval of the Minister.

Where, in the exercise of the powers conferred by section 11, possession is taken of any property or of any space or accommodation in any land, building, vessel, vehicle or aircraft, compensation in respect of such possession shall be assessed in accordance with the written law for the time being in force relating to compensation in respect of the requisitioning of property in an emergency.

No compensation shall be payable to any person in respect of any damage or injury to his person or property caused by or consequent upon any act authorised by this Act unless provision for such compensation is made by this Act.

Where, in the exercise of the powers conferred by section 11, possession is taken of any property or of any space or accommodation in any land, building, vessel, vehicle or aircraft for the purpose of ensuring the maintenance of a public service, any compensation payable in respect of such possession shall be payable by the authority responsible for the provision of such service.

Where it appears to the Commissioner of Police —

Any order made under this section may be cancelled or varied by the Minister or by the Commissioner of Police.

Subject to subsection (2), any order made under this section shall remain in force for such period as may be specified in the order, but every such order, unless previously cancelled, shall cease to have effect when the area in respect of which the order was made ceases to be a proclaimed area.

Any person in respect of whom an order under section 13 has been made may appeal to the Minister, who shall decide the appeal and make such order as to him seems appropriate.

The decision of the Minister on an appeal under this section shall be final.

In any proclaimed area any police officer may, without warrant and with or without assistance —

No woman shall be searched under this section except by a woman.

Subject to subsection (2), the provisions of the Criminal Procedure Code [Cap. 68] relating to the disposal of property, the subject of an offence, shall apply to any article coming into the possession of a police officer under section 15.

Any offensive weapon, subversive document, corrosive substance or explosive substance coming into the possession of a police officer under section 15 may be disposed of in such manner as the Minister may order.

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

A police officer may without warrant arrest any person suspected of the commission of an offence under this Act or of the commission in a proclaimed area of any of the offences referred to in section 27.

A police officer may in a proclaimed area without warrant arrest any person in respect of whom he has reason to believe that he is a person to whom section 13(1) applies and any person so arrested may be detained for a period not exceeding 24 hours, pending a decision as to whether an order under that section should be made.

A police officer may in a proclaimed area arrest any person ordered to be excluded from that area under section 13 and may detain the person for a period not exceeding 24 hours for the purpose of removing him from the area.

Any person detained under the powers conferred by this Act 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 Commissioner of Police.

Every offence against this Act or punishable under section 27 and every offence committed in a proclaimed area against the provisions of any written law for the time being specified in the Second Schedule, shall be seizable and non-bailable for the purposes of the Criminal Procedure Code [Cap. 68].

Notwithstanding anything to the contrary in any other written law, it shall be lawful for any police officer in order —

Every person arrested in the circumstances mentioned in subsection (1)(a) shall as soon as possible after his arrest be clearly warned of the provisions of subsection (1)(c).

Nothing in this section shall derogate from the right of private defence contained in sections 96 to 106 inclusive of the Penal Code [Cap. 224].

The Second Schedule may be added to, varied or amended by resolution passed by Parliament.

Any commander of any armed forces and any member of the armed forces under his command may when engaged on duty connected with the maintenance or restoration of public order, exercise any of the powers conferred upon a police officer by sections 4(1)(b), 5(1)(b) and (2), 6, 8(2) and (3), 10(1), 15(1), 17(1) and 18 in like manner as if references in those sections to a police officer were references to a member of the armed forces of equivalent rank.

The provisions of Chapter IV of the Criminal Procedure Code [Cap. 68] shall apply to a member of the armed forces exercising powers under subsection (1) in like manner as they apply to a police officer.

For the purposes of this section —

When any order or direction is given under the provisions of this Part the person making the order or giving the direction shall, unless it is otherwise provided, cause notice of the effect of it to be given 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 and that order or direction shall have effect as soon as such notice has been given, without publication in the Gazette.

Any order or direction made under any provisions of this Part may at any time during its continuance be cancelled by any person empowered to make that order but without prejudice to the previous validity of the order or to anything done thereunder or to the power of such person to make a fresh order under such provision. [22

Any person who in any public place in any proclaimed area carries or has in his possession or under his control any offensive weapon or any explosive, corrosive or inflammable substance shall, unless that person proves that he carried the weapon, article or substance or had it in his possession or under his control solely for some lawful purpose, be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall be liable to caning.

Any person who in any place in a proclaimed area, other than a public place, has in his possession or under his control any offensive weapon or any explosive, corrosive or inflammable substance in circumstances which raise a reasonable presumption that the weapon or substance is intended to be used for a purpose prejudicial to the maintenance or restoration of public order shall, unless he proves that he had that weapon or substance in his possession solely for a lawful purpose, be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and to caning. [25

Where any offensive weapon or any explosive, corrosive or inflammable substance is found in or on any premises the occupier of the premises shall be deemed to be in possession of the weapon or substance unless he proves that some other person was in possession thereof or that he had no knowledge or reasonable means of knowledge that the weapon or substance was in or on the premises, and that he had taken all reasonable precautions against such weapon or substance being kept in or on the premises.

In any prosecution under section 24(2) it shall be presumed until the contrary is proved that any weapon or substance was intended to be used for a purpose prejudicial to the maintenance or restoration of public order if —