# legal_provisions

document_id: pfa-2004
provision_ref: s88A
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 88A
title: Power to issue directions
content:
88A. —(1) The Minister may issue any direction to a person under subsection (2), (3) or (4) if the Minister is satisfied that — ( a ) the person has provided false or misleading information or documents in connection with an application for approval under section 87(1) or 88(2); ( b ) any condition of approval imposed under section 87(3) or (4) or 88(6) or (7) has been contravened or has not been complied with; ( c ) in the case of a person who had obtained approval under section 87(1) in relation to acquiring as a going concern the business or undertaking of an employer of an Auxiliary Police Force — (i) the person ceases to be a fit and proper person; or (ii) it is not, or is no longer, in the public interest to allow the person to continue to carry on the business relating to the Auxiliary Police Force; ( d ) the person has contravened section 87(1) or 88(2); ( e ) in the case of a person who has obtained the Minister’s approval under section 88(2) or who is deemed to be approved under section 88(3) — (i) the person ceases to be a fit and proper person; (ii) having regard to the person’s likely influence, the employer of the Auxiliary Police Force is not, or is no longer, likely to conduct its business relating to the Auxiliary Police Force prudently or to comply with the provisions of this Act; or (iii) it is not, or is no longer, in the public interest to allow the person — (A) to continue to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force; or (B) to cease to be a 50% controller or a 75% controller of the employer of the Auxiliary Police Force; or ( f ) the Minister would not have granted approval under section 87(1) or 88(2) to a person had the Minister been aware, at that time, of circumstances relevant to the person’s application for the approval. (2) Where the person mentioned in subsection (1) has acquired as a going concern the business or undertaking of an employer of an Auxiliary Police Force, the Minister may, by written notice — ( a ) direct the person to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person (whether alone or together with any other person) within such time and subject to such conditions as the Minister considers appropriate; ( b ) direct the person not to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person; ( c ) direct the person to modify or terminate any agreement or arrangement relating to the acquisition as a going concern; or ( d ) make such other direction as the Minister considers appropriate. (3) Where the person mentioned in subsection (1) is a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force, the Minister may, by written notice — ( a ) direct the person to take such steps as are necessary, within such period as may be specified by the Minister, to ensure that the person ceases to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force; ( b ) direct the person or any of the person’s associates to transfer or dispose of all or any of the equity interests in the employer held by the person or the person’s associates (called in this section and section 88B the specified equity interests) within such time and subject to such conditions as the Minister considers appropriate; ( c ) direct the person or any of the person’s associates not to transfer or dispose of the specified equity interests; ( d ) direct the person to modify or terminate any agreement or arrangement relating to the holding of the specified equity interests, or the control of the voting power, in the employer of the Auxiliary Police Force; or ( e ) make such other direction as the Minister considers appropriate. (4) Where the person mentioned in subsection (1) is a person ( A ) who has ceased to be a 50% controller or a 75% controller of an employer of an Auxiliary Police Force as a result of a person ( B ) acquiring any equity interest from A (called in this section and section 88B the acquired equity interest), the Minister may do any one or more of the following: ( a ) direct B to take such steps as are necessary, within such period as may be specified by the Minister, to cease to hold all or any of the acquired equity interest; ( b ) direct A to take such steps as are necessary, within such period as may be specified by the Minister, to resume being a 50% controller or a 75% controller, as the case may be; ( c ) direct B to transfer or dispose of all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate; ( d ) direct A to acquire all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate; ( e ) direct B not to transfer or dispose of all or any of the acquired equity interest; ( f ) direct A or B to modify or terminate any agreement or arrangement relating to the acquired equity interest; ( g ) make such other direction as the Minister considers appropriate. (5) Before issuing any direction to a person under subsection (2), (3) or (4), the Minister must, unless the Minister decides that it is not practicable or desirable to do so, give to the person written notice of the Minister’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction. (6) Upon receipt of any written representation mentioned in subsection (5), the Minister must consider it for the purpose of determining whether to issue the direction. (7) Any person to whom a direction is issued under this section must comply with the direction. (8) The Minister may vary, suspend or revoke any direction issued under this section. [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s88B
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 88B
title: Effect of directions
content:
88B. —(1) Any direction issued to a person under section 88A takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association or other constitution of any company or organisation. (2) Without affecting subsection (1), where any direction is issued under section 88A(3) or (4), then, until the direction is carried out or is suspended or revoked — ( a ) the voting rights in respect of the specified equity interest or acquired equity interest that is subject to the direction are not exercisable unless the Minister expressly permits such rights to be exercised; ( b ) the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the employer of an Auxiliary Police Force concerned is not exercisable unless the Minister expressly permits that power to be exercised; ( c ) no equity interest of the employer of an Auxiliary Police Force is to be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified equity interest or acquired equity interest unless the Minister expressly permits such issue or offer; and ( d ) except in a winding up of the employer of an Auxiliary Police Force, no amount may be paid by the employer of the Auxiliary Police Force (whether by way of dividends or otherwise) in respect of the specified equity interest or acquired equity interest that is subject to the direction unless the Minister expressly authorises such payment. [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s88C
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 88C
title: Offences, penalties and defences
content:
88C. —(1) A person who contravenes section 88(1) or (2) or 88A(7) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual — (i) to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; and (ii) in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case — (i) to a fine not exceeding $1 million; and (ii) in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (2) Where a person is charged with an offence in respect of a contravention of section 88(1), it is a defence for the person to prove, on a balance of probabilities, that — ( a ) the person was not aware that the person had contravened that section; and ( b ) the person has, within 14 days after becoming aware that the person had contravened that section, notified the Commissioner of the contravention. (3) Where a person is charged with an offence in respect of a contravention of section 88(1), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest or in the voting power controlled by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and ( c ) the person has, within 14 days after the date of the contravention, notified the Commissioner of the contravention. (4) Where a person is charged with an offence in respect of a contravention of section 88(2), it is a defence for the person to prove, on a balance of probabilities, that — ( a ) the person was not aware that the person had contravened that section; and ( b ) the person has, within 14 days after becoming aware that the person had contravened that section, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct. (5) Where a person is charged with an offence in respect of a contravention of section 88(2), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase or a decrease in the holding of equity interest or in the voting power controlled by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and ( c ) the person has, within 14 days after the date of the contravention, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct. (6) Except as provided in subsections (2), (3), (4) and (5), it is not a defence for a person charged with an offence in respect of a contravention of section 88(1) or (2) to prove that the person did not intend to or did not knowingly contravene that provision. [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s89
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 89
title: Codes of practice and directives
content:
89. —(1) The Commissioner may, by publication in the Gazette , issue one or more codes of practice for Auxiliary Police Forces for all or any of the following purposes: ( a ) to enable and maintain fair market conduct between Auxiliary Police Forces in Singapore; ( b ) to safeguard the interests of consumers of Auxiliary Police Forces services and of the public generally. (2) A code of practice may, in particular — ( a ) specify the duties and obligations of the employer of an Auxiliary Police Force in relation to its business operations in the armed security industry; and ( b ) provide for such fees or charges as may be payable to the Commissioner in relation to any application or request made to it. (3) The Commissioner may issue any directive to any employer of an Auxiliary Police Force for all or any of the following purposes: ( a ) to ensure the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Force; ( b ) in the interests of public safety; ( c ) to provide guidance in relation to the operation of any provision of this Part or the Auxiliary Police Forces Regulations; ( d ) generally for carrying out the purposes and provisions of this Part and for the due administration thereof. (4) The Commissioner may — ( a ) by publication in the Gazette , add to, vary or revoke any code of practice; or ( b ) add to, vary or revoke any directive. (5) The Commissioner may exempt, either generally or subject to such terms or conditions as the Commissioner may specify, any person from any provision in any code of practice or any directive.


document_id: pfa-2004
provision_ref: s90
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 90
title: Compliance with codes of practice and directives
content:
90. —(1) Every employer of an Auxiliary Police Force must comply with every relevant code of practice and directive issued under section 89(1) and (3), respectively. (2) The Commissioner may conduct an investigation if there are reasonable grounds for suspecting that — ( a ) any provision of this Part; ( b ) any part of any code of practice issued under section 89(1); ( c ) any directive issued under section 89(3); or ( d ) any condition of authorisation imposed under section 86(2) or (4), has been infringed, or is being or is likely to be infringed, by an employer of an Auxiliary Police Force. (3) Subject to section 89(5), where — ( a ) following an investigation conducted under subsection (2), the Commissioner considers that an employer of an Auxiliary Police Force is infringing, likely to infringe or has infringed any provision of this Part or of any code of practice issued under section 89(1), any directive issued under section 89(3) or any condition imposed under section 86(2) or (4); ( b ) the employer (other than the Government or a statutory body) has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( c ) the employer (other than the Government or a statutory body) has made any assignment to, or composition with, its creditors; or ( d ) the public interest or national security of Singapore so requires, the Commissioner may, in writing and without any liability for compensation, do all or any of the following: (i) direct that employer to comply with the provision of this Part or of any code of practice issued under section 89(1), any directive issued under section 89(3) or any condition imposed under section 86(2) or (4) or cease infringing that provision, code of practice, directive or condition, as the case may be; (ii) specify any procedure or action to be observed or taken by that employer; (iii) require that employer to furnish performance bonds, banker’s guarantees and any other securities for such amounts and on such terms as the Commissioner sees fit; (iv) require that employer to modify or terminate any agreement, decision or concerted practice or any other conduct in question; (v) suspend for a period not exceeding 6 months — (A) the authorisation for the creation of the Auxiliary Police Force under section 86(1); or (B) any condition imposed under section 86(2) for any security activity carried out by the Auxiliary Police Force; (vi) revoke the authorisation for the creation of the Auxiliary Police Force under section 86(1); [Act 21 of 2021 wef 02/09/2022] (vii) impose on an employer (other than the Government) a financial penalty not exceeding — (A) $1 million for each act of infringement (whether continuing or not) of any provision of this Part or any code of practice issued under section 89(1); or (B) $100,000 for each act of infringement (whether continuing or not) of any directive issued under section 89(3) or any condition imposed under section 86(2) or (4); [Act 21 of 2021 wef 02/09/2022] (viii) impose such other direction or restriction as the Commissioner considers appropriate. (4) A person who, without reasonable excuse, fails to comply with any direction given under subsection (3) shall be guilty of an offence. (5) Before the Commissioner does anything under subsection (3), the Commissioner must — ( a ) give written notice to the employer likely to be affected by such action by the Commissioner; and ( b ) give such employer an opportunity to make representations to the Commissioner. (6) If any dispute arises from one or more provisions of a code of practice, the dispute is, where it is so provided in such provisions, to be determined by the Commissioner on the application for that purpose by any aggrieved person to the Commissioner. (7) A person who is aggrieved by any act, direction or decision of the Commissioner under subsection (3) or (6) may, within 14 days of the date on which the person is notified of the act, direction or decision, or such longer period as the Minister may allow, appeal to the Minister in the prescribed manner. (8) Unless otherwise provided or allowed by the Minister, where an appeal is lodged under subsection (7), the act, direction or decision appealed against must be complied with until the determination of the appeal. (9) The Minister may confirm, vary or reverse the act, direction or decision of the Commissioner or give any directions on the matter that the Minister thinks fit. (10) The decision of the Minister in any appeal under subsection (7) is final. (11) Any financial penalty payable by any person under subsection (3)(vii) is recoverable by the Commissioner as a debt due to the Government from that person; and the person’s liability to pay is not affected by any authorisation under section 86 for his or her Auxiliary Police Force ceasing (for any reason) to be in force. (12) The Minister may designate any of the following to hear and determine, in the Minister’s place, any appeals or a specific appeal under this section: ( a ) any Minister of State or Parliamentary Secretary for the Minister’s Ministry; ( b ) any public officer in that Ministry not subordinate to the decision‑maker whose decision is appealed against, and any reference in this section to the Minister includes a reference to the Minister of State, Parliamentary Secretary or public officer so designated for that appeal. [10/2015]


document_id: pfa-2004
provision_ref: s91
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 91
title: Anti-competitive agreements and conduct
content:
91. —(1) Subject to this section, the following is prohibited: ( a ) any agreement, decision or concerted practice specified in a code of practice issued under section 89(1) which has as its object or effect the prevention, restriction or distortion of competition in, or in any part of, the armed security industry in Singapore; ( b ) any conduct on the part of one or more employers of Auxiliary Police Forces which amounts to the abuse of a dominant position in, or in any part of, the armed security industry in Singapore and which may affect the armed security industry within Singapore. (2) Subsection (1)( a ) applies — ( a ) only if the agreement, decision or concerted practice is, or is intended to be, implemented in Singapore; and ( b ) whether the agreement, decision or concerted practice is implemented before, on or after 12 October 2004. (3) Subject to this section, any agreement, decision or concerted practice prohibited by subsection (1)( a ) is void. (4) An employer of an Auxiliary Police Force is in a dominant position where, in the Commissioner’s opinion, that employer is able to act without significant competitive restraint from its competitors. (5) In considering whether an employer of an Auxiliary Police Force is in a dominant position, the Commissioner is to have regard to relevant matters, including such matters as may be specified in a code of practice issued under section 89(1). (6) For the purposes of this section, the Commissioner may, by notification in the Gazette , specify the employers of Auxiliary Police Forces whom the Commissioner considers to have a dominant or non‑dominant position in, or in any part of, the armed security industry in Singapore. (7) The Commissioner may, on the application of any employer of an Auxiliary Police Force or on the Commissioner’s own initiative, grant an exemption from subsection (1) in relation to any agreement, decision, concerted practice or conduct. (8) An exemption under subsection (7) — ( a ) may be granted subject to such conditions or obligations as the Commissioner considers appropriate; ( b ) has effect for any period that the Commissioner considers appropriate; and ( c ) must be in writing and sent by the Commissioner to the person to whom the exemption is granted. (9) An exemption granted under subsection (7), unless previously revoked in accordance with the terms of the exemption or under subsection (10), continues in force for such period as is specified in such exemption. (10) The Commissioner may, with the approval of the Minister, on the application of any employer or on the Commissioner’s own initiative — ( a ) extend the period for which an exemption granted under subsection (7) has effect or revoke the exemption; ( b ) vary or remove any condition or obligation specified in an exemption; and ( c ) impose one or more additional conditions or obligations in an exemption. Division 1C &#x2014; Special administration order


document_id: pfa-2004
provision_ref: s91A
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 91A
title: Special administration order
content:
91A. —(1) A special administration order is an order of the Minister made in accordance with section 91B in relation to an employer of an Auxiliary Police Force directing that, during the period for which the order is in force, all or any of the affairs, business and property of that employer is to be managed directly or indirectly by the Commissioner or any other person appointed by the Minister — ( a ) for securing one or more of the purposes of such an order set out in subsection (2); and ( b ) in a manner which protects the respective interests of the shareholders and creditors of that employer. (2) The purposes referred to in subsection (1)( a ) are — ( a ) the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; ( b ) the survival of the employer of the Auxiliary Police Force or the whole or part of its business, as a going concern; ( c ) the transfer to one or more other employers of Auxiliary Police Forces, as a going concern, of such part of the business or undertaking of a transferor employer of the Auxiliary Police Force as is necessary in order to ensure that the functions and duties which have been vested in the transferor employer of the Auxiliary Police Force may be properly carried out; and ( d ) the carrying out of the functions and duties which have been vested in the employer of the Auxiliary Police Force pending the transfer to and the vesting of those functions and duties in one or more other employers of Auxiliary Police Forces. (3) The Minister may make regulations under section 104 for giving effect to this Division, including — ( a ) regulations governing the transfer of the business or undertaking of the Auxiliary Police Force referred to in subsection (2)( c ); and ( b ) where a special administration order is made, for applying, omitting or modifying the provisions of Part 7 of the Insolvency, Restructuring and Dissolution Act 2018. [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s91B
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 91B
title: Power to make special administration order, etc.
content:
91B. —(1) If, on an application made to the Minister by the Commissioner, the Minister is satisfied in relation to any employer of an Auxiliary Police Force that any one or more of the grounds specified in subsection (2) are satisfied in relation to that employer, the Minister may make any one or both of the following orders: ( a ) a special administration order in relation to that employer; ( b ) an order appointing a person to advise the employer in the proper conduct of that part of its business or undertaking. (2) The grounds referred to in subsection (1) are — ( a ) the employer is or is likely to be unable to pay its debts; ( b ) the occurrence of a public emergency; ( c ) the Minister considers it in the interest of the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; and ( d ) the Minister considers it in the public interest. (3) The Minister may make a special administration order in relation to an employer of an Auxiliary Police Force despite the commencement of (if applicable) — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 * or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company; ( b ) any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the employer of the Auxiliary Police Force that is a company; ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is a company or an unregistered company; ( e ) any proceedings under the Limited Liability Partnerships Act 2005 * relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is a limited liability partnership; or ( f ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the employer of the Auxiliary Police Force if it is an entity not mentioned in paragraph ( d ) or ( e ). [*Updated to be consistent with the 2020 Revised Edition] (4) Notice of any application under subsection (1) is to be given immediately by the Commissioner to such persons and in such manner as may be determined by the Commissioner. (5) Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity. (6) Any decision of the Minister under subsection (1) is final. (7) An employer of an Auxiliary Police Force issued with an order under subsection (1) must comply with that order. (8) For the purposes of this section — ( a ) an employer of an Auxiliary Police Force that is a company is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; ( b ) an employer of an Auxiliary Police Force that is an unregistered company is unable to pay its debts if it is deemed to be unable to pay its debts under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018; and ( c ) an employer of an Auxiliary Police Force that is a limited liability partnership is unable to pay its debts if it is deemed to be unable to pay its debts under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005 * . [Act 21 of 2021 wef 02/09/2022] [*Updated to be consistent with the 2020 Revised Edition]


document_id: pfa-2004
provision_ref: s91C
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 91C
title: Remuneration and expenses of persons appointed by Minister
content:
91C. —(1) Where a special administration order has been made under section 91B(1)( a ), the Commissioner may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the employer of the Auxiliary Police Force to a person appointed by the Minister. (2) The Commissioner may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by an employer of an Auxiliary Police Force to any person appointed by the Minister under section 91B(1)( b ) to advise the employer of the Auxiliary Police Force in the proper conduct of the business or undertaking. [Act 21 of 2021 wef 02/09/2022] Division 2 &#x2014; Auxiliary police officers


document_id: pfa-2004
provision_ref: s92
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 92
title: Appointment of auxiliary police officers
content:
92. —(1) A person must not be employed as an auxiliary police officer in an Auxiliary Police Force without the prior written approval of the Commissioner or any police officer authorised by the Commissioner. (2) The Commissioner may appoint as auxiliary police officers one or more suitable persons who are — ( a ) public officers; or ( b ) employees of any statutory body, company or other organisation within Singapore, after any consultation with their employer that the Commissioner considers necessary, in work of a nature which, in the opinion of the Commissioner, renders the conferment of the powers of a police officer necessary or desirable. (3) Every person appointed under subsection (2) must carry a warrant card issued by the Commissioner. (4) The powers, privileges and immunities of a police officer may be conferred on an auxiliary police officer appointed under subsection (1) or (2) in such manner and subject to such limitations as may be specified by the Commissioner either in the warrant card or in such other form as the Commissioner may determine. (5) Every auxiliary police officer who exercises any police power conferred under this Act in the performance of his or her duties or who carries out any duties of a police officer prescribed in this Act is deemed to be a public servant for the purposes of the Penal Code 1871. (6) Every auxiliary police officer must on appointment take before a senior police officer an oath of office and an oath of allegiance prescribed by the Oaths and Declarations Act 2000 in such manner as may be prescribed in the Auxiliary Police Forces Regulations. (6A) To avoid doubt, where an oath is required to be taken under subsection (6), an auxiliary police officer may take the oath by appearing before a senior police officer through a live video link or live television link created using a remote communication technology that allows the senior police officer to — ( a ) maintain visual contact and communicate with the auxiliary police officer, and any interpreter present, throughout the process; ( b ) confirm the identity of the auxiliary police officer and any interpreter present; and ( c ) if the oath is to be subscribed, verify by inspection the oath to be subscribed. [Act 25 of 2023 wef 01/12/2023] (7) Every auxiliary police officer must comply with every relevant directive issued under section 89(3), and failure to do so is a disciplinary offence.


document_id: pfa-2004
provision_ref: s93
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 93
title: Conditions of service of auxiliary police officers
content:
93. —(1) The emoluments, pensions, welfare and conditions of service of every auxiliary police officer and his or her day‑to‑day duties are matters entirely within the jurisdiction of the Government, if he or she is employed by the Government, or the statutory body, company or other organisation employing him or her. [10/2015] (2) The standard arms, ammunition and other accoutrements are provided at the expense of the Government or such statutory body, company or organisation, whichever being the employer of the auxiliary police officer. (3) Section 16 applies to auxiliary police officers who are members of an Auxiliary Police Force as it applies to police officers, except that auxiliary police officers are not precluded from making representations of the nature mentioned in section 16(4) to the statutory body, company or other organisation employing them. (4) The Commissioner may, after consulting the statutory body, company or other organisation that is the employer of an Auxiliary Police Force, second one or more police officers for service with such Force, and the emoluments of those police officers are, during the secondment, to be paid by that statutory body, company or other organisation, as the case may be. [10/2015]


document_id: pfa-2004
provision_ref: s94
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 94
title: Cancellation of warrant cards
content:
94. —(1) A person ceases to be an auxiliary police officer immediately upon his or her dismissal by, or his or her resignation from the service of, the Government or by any statutory body, company or other organisation employing him or her (as the case may be) in its Auxiliary Police Force. (2) Immediately on ceasing to be an auxiliary police officer, the person mentioned in subsection (1) must surrender his or her warrant card to the Commissioner through the person’s former employer or the Commander of the Auxiliary Police Force, and the Commissioner must cancel the warrant card. (3) Despite subsections (1) and (2), the Commissioner may, after prior notice to the employer concerned, cancel at any time the warrant card issued to any auxiliary police officer, who then ceases to be an auxiliary police officer.


document_id: pfa-2004
provision_ref: s95
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 95
title: Discipline of auxiliary police officers
content:
95. —(1) Subject to subsection (2), an auxiliary police officer accused of any of the offences specified in the Auxiliary Police Forces Regulations may, instead of being punished by the imposition of any of the disciplinary punishments specified in those Regulations, be prosecuted in court, and in such event shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. (2) Every auxiliary police officer who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both, in addition to any lesser disciplinary punishment authorised under the Auxiliary Police Forces Regulations. (3) For the purposes of this section, a person deserts if he or she — ( a ) leaves or fails to attend at his or her place of duty in his or her Auxiliary Police Force with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his or her place of duty in the Force, thereafter forms the like intention; or ( b ) absents himself or herself without leave with intent to avoid service in the Auxiliary Police Force or mobilised service. (4) Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (2). (5) An auxiliary police officer may appeal against any finding or disciplinary punishment under this section to the Commissioner within 30 days from the date of the finding or punishment. (6) In every case where an appeal has been lodged under subsection (5) against any punishment awarded, the punishment is suspended pending the determination of the appeal. (7) The decision of the Commissioner on an appeal under subsection (5) is final.


document_id: pfa-2004
provision_ref: s96
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 96
title: Organisation of Auxiliary Police Force
content:
96. —(1) The employer of an Auxiliary Police Force must, with the approval of the Commissioner, appoint an auxiliary police officer or a police officer to be the Commander of the Auxiliary Police Force. (2) The Commander is accountable to the Commissioner in respect of the discharge of his or her duties as a Commander of the Auxiliary Police Force and the exercise of police powers by the auxiliary police officers under his or her charge. (3) Every Auxiliary Police Force must be organised in ranks similar to those of the Police Force, and is subject to the authority of the Commissioner for the maintenance of law and order, the preservation of public peace and the detection of crimes within the limits of Singapore. Division 3 &#x2014; Mobilisation of Auxiliary Police Forces


document_id: pfa-2004
provision_ref: s97
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 97
title: Mobilisation of auxiliary police officers
content:
97. —(1) The Commissioner may, with the approval of the Minister, mobilise for active service all or any of the members of an Auxiliary Police Force to perform general or special police duties, and such service continues until an order of demobilisation is made by the Commissioner with the approval of the Minister. (2) Every person who is mobilised under this section must assemble at such place and perform such service as the Commissioner or his or her authorised officer directs. (3) Every member of an Auxiliary Police Force, during the period of mobilisation, has the same powers and duties and the same protection and immunities of a police officer. (4) A person mobilised for active service under this section who without reasonable excuse, the proof whereof shall lie on him or her, refuses or neglects to perform such service shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (5) Where a member of an Auxiliary Police Force is mobilised to perform any general or special police duty, the employer of such auxiliary police officer must provide the mobilised officer with the usual uniform, equipment, arms, ammunitions and such other accoutrements which are provided to the officer in his or her usual course of duties to enable the officer to discharge his or her duties effectively. (6) No employer may — ( a ) dismiss a person solely or mainly by reason of any duty or liability which that person is, or may become, liable to perform or discharge by reason of his or her being, or being liable to be, called up for mobilised service under this section; or ( b ) refuse to grant that person leave of absence during his or her period of mobilised service. (7) An employer who contravenes subsection (6) shall be guilty of an offence and shall be liable — ( a ) on conviction of an offence under subsection (6)( a ), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which the employer is convicted may order the employer to pay to the dismissed person as compensation a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to the dismissed person by the employer; and ( b ) on conviction of an offence under subsection (6)( b ), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: pfa-2004
provision_ref: s98
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 98
title: Compensation to employer of mobilised auxiliary police officer
content:
98. —(1) The employer of an Auxiliary Police Force mobilised under section 97 is entitled to be compensated by the Commissioner such reasonable remuneration as may be fixed by the Commissioner in respect of an auxiliary police officer in the employer’s employment who is mobilised under that section. (2) In computing the remuneration under subsection (1), the Commissioner must have regard to the following: ( a ) the expenses incurred by the employer in respect of the auxiliary police officer who has been mobilised; ( b ) the profits which might reasonably be expected to be made by the employer in respect of the services of the auxiliary police officer had he or she not been mobilised. (3) As soon as may be practicable after the mobilisation of any auxiliary police officer, there must be given or sent to the employer of the officer, by such person and in such form and manner as may be specified by the Commissioner, a receipt for the mobilisation specifying — ( a ) the compensation, or the rate or amount thereof, offered in respect of the mobilisation; and ( b ) a statement of the effect of subsection (5). (4) As soon as may be practicable after the end of the period of mobilisation of any property used by an auxiliary police officer that was supplied by the auxiliary police officer’s employer, there must be given or sent to the employer of the officer, by such person and in such form and manner as aforesaid, a notice — ( a ) stating whether any, and if so what, damage to the property has occurred during the period of mobilisation (other than damage which has been made good by the Commissioner) or that the total loss of the property has occurred; ( b ) specifying the compensation, or the rate or amount thereof, offered in respect of the damage or loss; and ( c ) specifying the effect of subsection (6). (5) A person to whom a receipt or notice under subsection (3) or (4) has been given or sent (called in this Act the claimant) is deemed to have accepted the offer contained in the receipt or notice unless he or she notifies the Commissioner, within 4 weeks after he or she receives the receipt or notice, of his or her claim for a greater amount or rate. (6) Where a notice under subsection (4) has been given or sent stating that no damage has occurred to any property during the period of mobilisation, the claimant is deemed to have agreed that no damage has so occurred unless he or she notifies the Commissioner, within 4 weeks after he or she receives the notice, of his or her claim that damage has so occurred and stating the compensation he or she claims in respect of the damage. (7) On the receipt of a claim under subsection (5) or (6), the Commissioner may notify the claimant that the Commissioner does not propose to make any further offer or that the Commissioner makes a specified further offer. (8) Before making any compensation under this Act, the Commissioner may require reasonable particulars of the damage to any property which was supplied by the employer to the auxiliary police officer during mobilisation and of the circumstances in which it occurred and may require a reasonable opportunity to be afforded to a person authorised by the Commissioner to inspect the property. (9) Nothing in this section operates so as to require the making of any payment of compensation before the end of the period of mobilisation of any property.


document_id: pfa-2004
provision_ref: s99
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 99
title: Disputes on compensation to be referred to Compensation Board for determination
content:
99. —(1) Any dispute as to whether any compensation is payable under section 98 and as to the amount of any compensation payable under that section must be referred to a Compensation Board for determination in accordance with the provisions of this Act. (2) An application to a Compensation Board for the determination of any dispute under subsection (1) must be made in the prescribed manner. (3) Subject to the Auxiliary Police Forces Regulations, the proceedings before a Compensation Board must be conducted in accordance with such directions as the Board may issue from time to time. (4) All proceedings before the Compensation Board under this Act are deemed to be judicial proceedings within the meaning of the Penal Code 1871.


document_id: pfa-2004
provision_ref: s100
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 100
title: Decision of Compensation Board to be final
content:
100. —(1) Except as provided in this section, a decision of a Compensation Board is final and binding on the parties. (2) An appeal lies to the General Division of the High Court on any question of law arising out of a decision of a Compensation Board and on the determination of such an appeal the General Division of the High Court may, by order — ( a ) confirm, vary or set aside the decision of the Compensation Board; or ( b ) direct the Compensation Board to reconsider its decision on the basis of the opinion of the General Division of the High Court on the question of law which was the subject of the appeal, and where a direction is given under paragraph ( b ), the Compensation Board must, unless the General Division of the High Court otherwise directs, make its order within 3 months of the date of the order. [40/2019]


document_id: pfa-2004
provision_ref: s101
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 101
title: Compensation Board
content:
101. —(1) For the purpose of determining disputes as to any entitlement to, or the quantum of, compensation payable under this Part for the mobilisation of any Auxiliary Police Force, there must be constituted a Compensation Board consisting of — ( a ) the president or a deputy president of a Compensation Board; and ( b ) 2 other members selected by the president or deputy president from a panel of members constituted in accordance with this section. (2) The president and every deputy president of a Compensation Board are to be appointed by the Minister for a period of 2 years and are eligible for re‑appointment, but no person is eligible for appointment unless he or she possesses the qualifications required for a District Judge under section 9(3) of the State Courts Act 1970 or is a District Judge appointed under section 9(1) of that Act. [5/2014] (3) The Minister may appoint any number of deputy presidents that the Minister thinks fit. (4) For the purpose of enabling a Compensation Board to be constituted, there must be a panel of not more than 20 persons, each of whom must be appointed by the Minister for a period of 2 years and is eligible for re‑appointment. (5) No person is eligible to be appointed or to remain the president, or a deputy president or a member of the panel if he or she — ( a ) is an undischarged bankrupt; ( b ) has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or ( c ) has a mental disorder and is incapable of managing himself or herself or his or her affairs. [21/2008] (6) Where a person ceases to be a member of the panel, the Minister has to, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel does not invalidate the acts of any Compensation Board. (7) The Minister may at any time revoke the appointment of a member of the panel. (8) There are to be paid to the president, deputy presidents and members of a Compensation Board such emoluments as the Minister may determine. [10/2015] (9) Every president, deputy president and member of a Compensation Board, when and so long as he or she is serving on the Compensation Board, is deemed to be a public servant within the meaning of the Penal Code 1871 and enjoys the same judicial immunity as is enjoyed by a District Judge. Division 4 &#x2014; General provisions


document_id: pfa-2004
provision_ref: s102
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 102
title: Protection of information
content:
102. —(1) A person, otherwise than in the performance of his or her duties or in the course of his or her business, must not reveal any information of a private or confidential nature which was acquired by him or her or which came to his or her knowledge in the course of his or her duties — ( a ) as an auxiliary police officer; or ( b ) in connection with an Auxiliary Police Force, whether or not he or she is an auxiliary police officer. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: pfa-2004
provision_ref: s103
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 103
title: Powers of investigation for this Part
content:
103. —(1) The Minister may give such directions, not inconsistent with the provisions of this Part, as to the performance of the functions and duties and the exercise of its powers by the Commissioner under this Part, and the Commissioner must give effect to every such direction. (2) The Commissioner and any person authorised in writing in that behalf by the Commissioner, for the purposes of the execution of this Act, have the power to do all or any of the following: ( a ) to enter, inspect and examine by day or by night the place of business of every employer; ( b ) to require the production of records, accounts and documents kept by the employer and to inspect, examine and copy any of them; ( c ) to take such photographs and make such inquiry with the employer or any employee of the Auxiliary Police Force as may be necessary to ascertain whether the provisions of this Act are complied with. (3) A person who — ( a ) refuses the Commissioner or any authorised officer to enter or search, access to any place; ( b ) assaults, obstructs, hinders or delays the Commissioner or any authorised officer in effecting any entrance which the Commissioner or the authorised officer is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; ( c ) fails to comply with any lawful demand of the Commissioner or any authorised officer in the execution of his or her duty under this Act; or ( d ) refuses or neglects to give any information which may reasonably be required of the person and which he or she has it in his or her power to give, 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. (4) For the purposes of Division 1B, the Commissioner or a person authorised in that behalf by him or her may, by written notice, direct any employer of an Auxiliary Police Force to obtain from any person who holds any equity interest in the employer, or who has control over any voting power in the employer, and to transmit to the Commissioner information — ( a ) as to whether that person holds the equity interests as beneficial owner or as trustee and whether the person holds any other equity interests in the employer; ( b ) as to the nature of the control over the voting power in the employer and the percentage of the voting power the person has control over; and ( c ) if the holder of the equity interests ( A ) holds the interest as trustee, to indicate, so far as A can, the person ( B ) for whom A holds the interest (either by name or by other particulars sufficient to enable B to be identified) and the nature of A ’s interest, and the employer must comply with that direction within such time as may be specified in the notice. [Act 21 of 2021 wef 02/09/2022] (5) The Commissioner may, by written notice, require any shareholder of an employer of an Auxiliary Police Force, or any person who appears from the information provided to the Commissioner under subsection (4) or this subsection to have an interest in any share in such an employer, to inform the Commissioner — ( a ) whether the shareholder holds that interest as beneficial owner or as trustee, and if he or she holds the interest as trustee, to indicate, so far as he or she can, the person for whom he or she holds the interest (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his or her interest; or ( b ) whether any share or any voting right attached to the share is the subject of an agreement or arrangement described in section 88, and if so, to give particulars of the agreement or arrangement and the parties to it, and the person must comply with that notice within such time as may be specified in the notice. (6) A person who — ( a ) fails to comply with a notice under this section; or ( b ) in purported compliance of the notice, knowingly or recklessly makes a statement which is false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.


document_id: pfa-2004
provision_ref: s104
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 104
title: Auxiliary Police Forces Regulations
content:
104. —(1) The Minister may make regulations to carry out the purposes of this Part. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to — ( a ) the organisation, structure and management of Auxiliary Police Forces; ( b ) the schemes of training for auxiliary police officers; ( c ) the appointments and promotions of auxiliary police officers; ( d ) the discipline and punishment of auxiliary police officers, including a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years or both for any auxiliary police officer who is convicted of an offence under these regulations; ( e ) the uniform and equipment, arms and ammunition to be carried by auxiliary police officers; ( f ) the auditing of the conduct of operation, suitability and availability, recruitment and training of an Auxiliary Police Force as may be necessary for preventing abuse or neglect of duty, and for rendering the Auxiliary Police Force efficient in the discharge of their duties and for the carrying out of the objects of this Act; ( g ) the establishment and administration of any association established for the welfare of auxiliary police officers and the control of the funds of any such association and the collection of subscriptions from members thereof; ( h ) the powers and procedure of a Compensation Board, including the awarding of costs and referring questions of law to the General Division of the High Court; ( i ) such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Auxiliary Police Forces efficient in the discharge of their duties and for carrying out the objects of this Act; [Act 21 of 2021 wef 02/09/2022] ( ia ) the circumstances under which a person would be considered an associate for the purposes of Part 9 * ; [Act 21 of 2021 wef 02/09/2022] ( ib ) the form and manner in which any notice or application for an approval under section 87 or 88 must be given or made, and the person or persons who are required to give the notice or make the application; and [Act 21 of 2021 wef 02/09/2022] ( j ) any other matter which by this Part is required or permitted to be prescribed. [40/2019] [*Updated to be consistent with the 2020 Revised Edition] (3) All Auxiliary Police Forces Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pfa-2004
provision_ref: s105
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 105
title: Liability of Government for acts committed by auxiliary police officer
content:
105. —(1) Any act done or omitted to be done by any auxiliary police officer employed by any statutory body, company or other organisation is deemed to be an act done or omitted to be done in the course of his or her employment with such statutory body, company or other organisation, as the case may be. (2) 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.


document_id: pfa-2004
provision_ref: s106
chapter: PART 10 - POLICE FUND
section: 106
title: Police Fund
content:
106. —(1) The Police Fund established under the repealed Act continues and is applied for the purposes specified in this Part. (2) The Police Fund consists of — ( a ) all sums forfeited by or fines inflicted on police officers under the powers conferred by this Act, and all sums recoverable from police officers under this Act and which are payable to the Police Fund; ( b ) such proportion as the Commissioner may think fit of sums paid for extra or special services of police officers, special police officers or former police officers or special police officers; ( c ) all fines levied for assaults on police officers; ( d ) all illegal gratifications offered to police officers and confiscated by an order of court; ( e ) donations offered to the Police Fund and accepted by the Commissioner; ( f ) moneys accruing as interest on loans made from the Police Fund; ( g ) all moneys from time to time appropriated from the Consolidated Fund and authorised to be paid into the Police Fund by this Act or any other written law; ( h ) all other revenues of Singapore allocated by any written law to the Police Fund; and ( i ) the net income from investments of moneys in the Police Fund authorised to be made by this Act or any other written law. (3) The Police Fund must be regarded as a Government fund and as comprising public moneys for the purposes of any other written law. (4) For the purposes of subsection (2)( i ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Police Fund any profit derived or loss sustained (as the case may be) from the realisation of such investments. (5) The Commissioner is responsible for the control, supervision and management of all moneys of the Police Fund in accordance with this Act and the Police Regulations.


document_id: pfa-2004
provision_ref: s107
chapter: PART 10 - POLICE FUND
section: 107
title: Purposes of Police Fund
content:
107. —(1) The moneys in the Police Fund may be withdrawn and applied for all or any of the following purposes only: ( a ) rewarding police officers or special police officers who are serving or who have retired on full pension, gratuity, allowance or other benefits for extra or special services rendered by them; ( b ) paying for expenses not chargeable to the public revenue for conducting events or other activities related to the welfare of police officers or special police officers who are serving, or who have retired on full pension, gratuity, allowance or other benefits; ( c ) granting loans to police officers or special police officers who are serving, or who have retired on full pension, gratuity, allowance or other benefits, on rates and terms in accordance with the Police Regulations. (2) Moneys must not be withdrawn from the Police Fund unless they are charged upon the Police Fund or are authorised or directed to be withdrawn or transferred under this Act. (3) All expenses incidental to or arising from the administration, investment and management of moneys in the Police Fund are charged upon and payable out of the Police Fund.


document_id: pfa-2004
provision_ref: s108
chapter: PART 11 - UNCLAIMED PROPERTY AND ESTATES OF INTESTATES
section: 108
title: Lost property
content:
108. —(1) Where any lost property is deposited with a police officer at a police station or otherwise, the lost property is to be disposed of as follows: ( a ) if the lost property is cash, it must, unless it is required to assist in the identification of its owner, be paid into a deposit account (within the meaning of the Financial Procedure Act 1966) specially established for this purpose, and the cash is deemed to be lost property in the custody of the Police Force; ( b ) if there is a person who appears, to the satisfaction of the Commissioner, to be the owner, the lost property in the custody of the Police Force must be returned to that person unless that person — (i) cannot be located after reasonable inquiry; or (ii) does not exercise his or her right to recover the property; ( c ) if the lost property becomes unclaimed property, the Commissioner may cause the whole or any part of unclaimed property — (i) to be sold (by public auction or otherwise) and the proceeds of the sale to be paid into the Consolidated Fund; (ii) if cash, to be forfeited and paid into the Consolidated Fund; or (iii) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit. [10/2015] (2) Where any lost property is deposited with a police officer under subsection (1), the lost property becomes unclaimed property if, at the end of 30 days after the day on which the property was so deposited — ( a ) there is no person who appears, to the satisfaction of the Commissioner, to be the owner of the lost property; or ( b ) there is such a person but that person has not been located after reasonable inquiry or that person has not exercised his or her right to recover the lost property by a claim. [10/2015] (3) The proceeds of a sale of unclaimed property under this section must be applied as follows: ( a ) firstly, in payment of the expenses occasioned by the sale; ( b ) secondly, in payment of storage or other expenses incurred by the Commissioner in relation to the property; ( c ) thirdly, by payment of the balance into the Consolidated Fund. [10/2015] (4) A person who buys movable property that is lost property sold by or on the authority of the Commissioner under this section obtains good title to that property. [10/2015] (5) Despite subsection (1), if a person who appears, to the satisfaction of the Commissioner, to be the owner of lost property claims, before the end of one year starting from the day on which the property was deposited with a police officer under subsection (1), that property after it has become unclaimed property, the Commissioner may do as follows: ( a ) if the property remains in the custody of the Police Force, the Commissioner may authorise the property to be returned to the person; ( b ) if the property (being cash) or the proceeds of the sale of the property were paid into the Consolidated Fund, the Commissioner may authorise the refund of the property or the proceeds of the sale to the person. [10/2015] (6) A finder of any lost property deposited under subsection (1) has no rights in relation to that property by reason of being the finder, and a police officer who comes into possession of any lost property in the course of his or her duties does not have the rights of a finder in relation to that property. [10/2015]


document_id: pfa-2004
provision_ref: s109
chapter: PART 11 - UNCLAIMED PROPERTY AND ESTATES OF INTESTATES
section: 109
title: Power to administer estates of intestates
content:
109. —(1) Whenever any person dies leaving movable property in Singapore under $1,000 in value, which property is, in the absence of any person entitled to that property, taken charge of by the police for the purpose of safe custody, the Commissioner may, if the Commissioner 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 the Commissioner 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 the Commissioner may require. (2) The Commissioner may, before making any order under subsection (1), take such security as the Commissioner may think proper for the due administration and distribution of such property. [10/2015] (3) Nothing in this section affects 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. (4) If at the end of one month after any property (other than cash) taken charge under this section, no person has established a claim to the property to the satisfaction of the Commissioner, or immediately (even if less than one month) after the owner has given the Commissioner written notice that he or she is not claiming the property, the Commissioner may — ( a ) arrange for the property to be disposed of by public auction or otherwise; and ( b ) apply the proceeds of the sale to meet the expenses incurred by the Commissioner in storing and disposing of the property, and pay the balance (if any) to the Consolidated Fund. (5) Despite anything in this section, where the owner of any movable property appears after it has been disposed under subsection (4) and claims the same, restitution must be made, on the claim being established to the satisfaction of the Commissioner.


document_id: pfa-2004
provision_ref: s110
chapter: PART 11 - UNCLAIMED PROPERTY AND ESTATES OF INTESTATES
section: 110
title: Perishable or low value property, etc.
content:
110. —(1) Where it appears to the Commissioner that any lost property referred to in section 108 or any property of a deceased person referred to in section 109 — ( a ) is cash of not more than $1,000 or the equivalent in foreign currency; ( b ) is perishable; ( c ) may rapidly depreciate in value; or ( d ) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Police Force to retain custody of the property, this section applies despite sections 108 and 109. [10/2015] (2) Subject to subsection (3), where this section applies to any lost property and any property of a deceased person referred to in sections 108 and 109, respectively, the Commissioner may cause the property — ( a ) to be paid into the Consolidated Fund at once; ( b ) to be sold (by public auction or otherwise) at once and the proceeds of sale to be paid into the Consolidated Fund; or ( c ) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit. [10/2015] (3) Where any lost property or any property of a deceased person referred to in section 108 or 109 — ( a ) is paid into the Consolidated Fund under subsection (2)( a ); or ( b ) is sold (by public auction or otherwise) under subsection (2)( b ), the cash or the proceeds of the sale (as the case may be) are to be dealt with in the same manner as the property would have been required by section 108 or 109 (as the case may be) to be dealt with if not so paid or sold. [10/2015] (4) A person who buys property sold by or on the authority of the Commissioner under this section obtains good title to that property. [10/2015]


document_id: pfa-2004
provision_ref: s110A
chapter: PART 11 - UNCLAIMED PROPERTY AND ESTATES OF INTESTATES
section: 110A
title: Outsourcing function as regards lost and unclaimed property
content:
110A. The Commissioner (and no other) may, under his or her hand in writing, appoint any person outside of the Police Force as an independent contractor to exercise any power conferred or perform any duty imposed on the Commissioner under section 108, 109 or 110, and any reference in any such provision to the Commissioner includes a reference to such a person if appointed. [10/2015]


document_id: pfa-2004
provision_ref: s111
chapter: PART 12 - MISCELLANEOUS
section: 111
title: General penalty
content:
111. A person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: pfa-2004
provision_ref: s112
chapter: PART 12 - MISCELLANEOUS
section: 112
title: Offences by bodies corporate, etc.
content:
112. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: pfa-2004
provision_ref: s112A
chapter: PART 12 - MISCELLANEOUS
section: 112A
title: Power to compound
content:
112A. —(1) The Minister may, by regulations, prescribe any offence under this Act (except a service offence or disciplinary offence) as a compoundable offence. [10/2015] (2) The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [10/2015] (3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [10/2015]


document_id: pfa-2004
provision_ref: s113
chapter: PART 12 - MISCELLANEOUS
section: 113
title: Jurisdiction of court
content:
113. —(1) Nothing in this Act affects the jurisdiction of any court to try a person for any offence under any other written law triable by the court where the act or omission of that person also constitutes a service offence. (2) Where a person subject to this Act has been charged with a service offence and has had the charge dealt with by a disciplinary officer, a court is debarred from trying the person subsequently for an offence substantially the same as that offence. (3) Except as provided in subsections (2) and (5) and section 115, nothing in this Act is to be construed as restricting the jurisdiction of any court to try a person subject to this Act for an offence. (4) For the purposes of this section, a case is deemed to have been dealt with by a disciplinary officer even though the finding of that officer has been quashed, or the award of that officer quashed or varied, on the review thereof. (5) A person subject to this Act must not be tried by a court for any service offence unless the Public Prosecutor has given his or her consent for the trial. (6) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: pfa-2004
provision_ref: s114
chapter: PART 12 - MISCELLANEOUS
section: 114
title: Persons not to be disciplined for offence already disposed of
content:
114. Where a person subject to this Act — ( a ) has been tried for a service offence by a court; or ( b ) has had a service offence committed by him or her taken into consideration by the court in sentencing him or her, the person shall not be liable in respect of that offence to be dealt with and punished by a disciplinary officer under this Act.


document_id: pfa-2004
provision_ref: s115
chapter: PART 12 - MISCELLANEOUS
section: 115
title: Limitation of time for offences under Act
content:
115. —(1) Subject to subsection (2), no disciplinary proceedings shall be instituted under this Act against a special police officer who is a national serviceman for any disciplinary offence unless the disciplinary proceedings begin within 3 years after the later of the following dates: ( a ) the date on which the disciplinary offence was alleged to have been committed; ( b ) the date on which information relating to the commission of that offence was first reported to or discovered by an investigating officer for that disciplinary offence. [10/2015] (2) A person who is subject to this Act at the time of the alleged commission by him of a service offence of desertion or absence without leave continues to be liable to be charged, dealt with and tried at any time under this Act. (3) In calculating the period of limitation referred to in subsection (1), there must not be included — ( a ) any time during which a person was serving sentence in a prison; ( b ) any period of absence caused by his detention in a drug rehabilitation centre or at any other place pursuant to the provisions of any other written law; and ( c ) any period of absence in respect of which a person has been found guilty by a disciplinary officer of desertion or absence without leave. (4) Nothing in this section affects the jurisdiction of a court to try any person for any service offence committed by him or her.


document_id: pfa-2004
provision_ref: s116
chapter: PART 12 - MISCELLANEOUS
section: 116
title: Exemption
content:
116. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act or any regulations made thereunder subject to such terms and conditions as may be prescribed.


document_id: pfa-2004
provision_ref: s117
chapter: PART 12 - MISCELLANEOUS
section: 117
title: Police Regulations
content:
117. —(1) The Minister may make such regulations not inconsistent with the provisions of this Act to be called the Police Regulations as the Minister may think expedient. (2) Without affecting any other provisions of this Act, such regulations may provide for — ( a ) the organisation and distribution of the Police Force; ( b ) appointments, emoluments, resignations, discharges, dismissals, reductions, reversions and conditions of service; ( c ) the investigation into, the conduct of disciplinary proceedings and the awarding of punishment, for disciplinary offences which may be dealt with by a disciplinary officer, including but not limited to — (i) the procedure to be observed in the bringing of charges before a disciplinary officer; (ii) the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating or dealing with such charges; (iii) the addition to, or substitution for, a charge which has been investigated of a new charge for a disciplinary offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge; (iv) the procedure to be observed in disciplinary proceedings before a disciplinary officer; and (v) empowering a disciplinary officer to amend a charge which is being heard by him or her; ( d ) leave of absence; ( e ) the uniforms, arms and accoutrements to be provided; ( f ) the administration of the Police Fund; ( g ) the administration of any association established for the welfare of police officers, special police officers or any non-police personnel performing duties in the Police Force, and the control of the funds of any such association and the collection from members thereof of subscriptions to the association; [Act 21 of 2021 wef 01/01/2022] ( h ) the appointment, release, discharge of forensic specialists, and the terms and conditions of service of forensic specialists who are not public officers; [Act 43 of 2024 wef 24/03/2025] ( i ) the administration, organisation and discipline of forensic specialists, including (in particular) requiring compliance with any provision of the Police General Orders or Force Orders; [Act 43 of 2024 wef 24/03/2025] ( j ) such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Police Force efficient in the discharge of its duties, and for carrying out the objects of this Act; and ( k ) any other matter which by this Act (except Parts 8 and 9) is required or permitted to be prescribed. [10/2015] (3) Such regulations, if so provided therein, are applicable to and binding on all members of the public service of Singapore employed in connection with the Police Force, even though they are not police officers, in the same manner as if they were police officers. (4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pfa-2004
provision_ref: s118
chapter: PART 12 - MISCELLANEOUS
section: 118
title: Police General Orders
content:
118. —(1) The Commissioner may make such orders not inconsistent with the provisions of this Act and of the Police Regulations to be called the Police General Orders as the Commissioner may think expedient. (2) Without limiting subsection (1), such Police General Orders may provide for — ( a ) discipline and the regulation and carrying out of punishment; ( b ) classifications and promotions; ( c ) instructions and examinations; ( d ) inspections, drills, exercises and parades; ( e ) police services and duties of every description and the manner in which they must be carried out; ( f ) the institution and maintenance of police messes, canteens and reading rooms; ( g ) departmental expenditure; ( h ) buildings, grounds, stores, furniture and equipment; ( i ) transfers of police officers, the places at which they may reside and the particular services to be performed by them; ( j ) the collection and communication of intelligence and information; ( k ) the manner and form of reports, correspondence and other records; ( l ) the performance of any act which may be necessary for the proper carrying out of the provisions of this Act or any other Act or any regulations made thereunder or for the efficient discharge of any duty imposed by any written law on the Police Force or any member thereof; and ( m ) such other matters as may be necessary and expedient for preventing abuse or neglect of duty, for rendering the Police Force efficient in the discharge of its duties, and for carrying out the provisions of this Act.


document_id: pfa-2004
provision_ref: s119
chapter: PART 12 - MISCELLANEOUS
section: 119
title: Force Orders and Standing Orders
content:
119. —(1) The Commissioner may issue orders of a routine nature to be called the 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. (2) A commanding officer may issue orders to be called the 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 or her command.


document_id: pfa-2004
provision_ref: s120
chapter: PART 12 - MISCELLANEOUS
section: 120
content:
120. It is not necessary to publish any Police General Orders, Force Orders or Standing Orders in the Gazette .


document_id: pfa-2004
provision_ref: s120A
chapter: PART 12 - MISCELLANEOUS
section: 120A
title: Wearing and possession of police uniforms, etc., by others
content:
120A. —(1) A person who, when the person is not a police officer — ( a ) wears or possesses any police uniform, or uses any police insignia — (i) for the purpose of personating or representing himself or herself as a police officer; or (ii) knowing that it is likely to cause any member of the public to believe that he or she is a police officer; ( b ) uses the designation of a police officer or a rank of the Police Force or the Special Constabulary, in connection with any business, occupation or employment — (i) for the purpose of personating or representing himself or herself as a police officer; or (ii) knowing that it is likely to cause any member of the public to believe that he or she is a police officer; ( c ) represents himself or herself, by word or conduct, to be a police officer for the purpose of personating or representing himself or herself as a police officer; or ( d ) wears or possesses any police uniform, or uses any police insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying — (i) that the person has the permission of the Commissioner in subsection (4)( a ); [Act 21 of 2021 wef 01/01/2022] (ii) that the person receives, or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Police Force or the Special Constabulary; (iii) that the Police Force or the Special Constabulary has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Police Force or the Special Constabulary; or (iv) that the person has the sponsorship or approval of the Police Force or the Special Constabulary for any goods or services provided by or on behalf of the person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. [10/2015; 53/2018] (2) A police officer who wears a police uniform or uses any police insignia otherwise than — ( a ) in the course of, and for the purpose of, exercising the functions of a police officer; or ( b ) for such other purpose authorised in writing by the Commissioner, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. [53/2018] (3) It is a defence to a prosecution for an offence under subsection (1)( a ) or (2) if the accused proves, on a balance of probabilities, that — ( a ) the accused had the express permission of the Commissioner to wear or possess the police uniform or use the police insignia, as the case may be; or ( b ) the accused wore or possessed the police uniform or used the police insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958. [10/2015; 28/2017] (4) A person (whether or not a police officer) who — ( a ) manufactures or sells any police uniform or police insignia otherwise than in accordance with the Commissioner’s permission; [Act 21 of 2021 wef 01/01/2022] ( b ) sells any police uniform or police insignia to a person who is neither a police officer nor otherwise authorised or permitted under subsection (2) to possess or wear the police uniform or use the police insignia; or ( c ) gives or furnishes, whether or not for a consideration, any police uniform or police insignia to a person who is neither a police officer nor otherwise authorised or permitted under subsection (3) to possess or wear the police uniform or use the police insignia, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [10/2015] (5) It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that — ( a ) the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the police uniform or police insignia was sold, given or furnished was — (i) a police officer; or (ii) a person otherwise authorised or permitted under subsection (3) to possess or wear the police uniform or use the police insignia; or ( b ) the accused had received from the person to whom the police uniform or police insignia was sold, given or furnished evidence purporting to show that — (i) that person was a police officer or was otherwise authorised or permitted under subsection (2) to possess or wear the police uniform or use the police insignia; and (ii) it was reasonable to and he or she did accept that evidence as correct. [10/2015] (6) An offence under subsection (1), (2) or (4) is an arrestable offence. [10/2015; 53/2018] (7) In this section — “police insignia” means — ( a ) any items (being insignia, emblems, logos, symbols, representation, devices, badges of rank or other things) that are generally recognised as pertaining to the Police Force or the Special Constabulary or as being used by police officers; ( b ) any parts of any such items; ( c ) any reasonable imitation of any such items, or parts of such items; or ( d ) any insignia, emblems, logos, symbols, representation, devices, badges of rank or other things prescribed by Police Regulations as being within this definition; “police officer” includes a special police officer; “police uniform” means the uniform of a police officer, and includes — ( a ) any parts of such a uniform or any accoutrements of a police officer that are generally recognised as parts of the uniform or accoutrements of a police officer; or ( b ) any reasonable imitations of such a uniform or accoutrements, or parts of a uniform or accoutrements; “sell” means sell, exchange or let on hire, and includes — ( a ) offer, expose, possess, send, forward or deliver for sale, exchange or hire; or ( b ) cause, suffer or allow any sale, exchange or hire; “use”, in relation to police insignia, includes — ( a ) driving on a public road a vehicle that has on it any police insignia; and ( b ) using a reproduction or representation of police insignia, but does not include wearing a police uniform. [10/2015]


document_id: pfa-2004
provision_ref: s121
chapter: PART 12 - MISCELLANEOUS
section: 121
title: Saving and transitional provisions
content:
121. —(1) Any notice, order, permission or other document prepared, made, granted or approved by or under the authority of the Commissioner or Deputy Commissioner under the repealed Act or any of its subsidiary legislation, so far as it is not inconsistent with the provisions of this Act or any of its subsidiary legislation, continues and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act or its subsidiary legislation. (2) This Act does not affect — ( a ) any disciplinary proceeding or prosecution for a service offence commenced or pending before 12 October 2004, and every such proceeding may be continued and everything in relation to the proceeding may be done in all respects after that date as if this Act had not been enacted; ( b ) the continued operation or force of any finding or order following a disciplinary proceeding or prosecution for a service offence made before 12 October 2004; and ( c ) any right of appeal accrued before 12 October 2004 in respect of any such finding or order, and where the appeal has been made under the repealed Act but has not been dealt with or disposed of immediately before that date, the appeal may be dealt with as if this Act had not been enacted.


document_id: pfa-2004
provision_ref: s122
chapter: PART 12 - MISCELLANEOUS
section: 122
title: References in other written laws and documents
content:
122. Any written law or document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act.


document_id: pgmgfa-2014
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “accounting officer” means a public officer designated under section 9; “Appeals Panel” means the body of that name established under section 15; “Central Provident Fund” means the Central Provident Fund established under the Central Provident Fund Act 1953; “disability” means disability that — ( a ) is attributable to intellectual, psychiatric, sensory or physical impairment or a combination of those impairments; ( b ) is permanent or likely to be permanent; and ( c ) results in a substantial need for continuing support in daily living activities; “Funds” means the Pioneer Generation Fund and the Merdeka Generation Fund established by section 4; “health service” means an activity performed in relation to an individual — ( a ) that is intended or claimed (expressly or otherwise) by the individual or the person performing the activity — (i) to diagnose the individual’s illness or disability; (ii) to treat the individual’s illness or disability, or suspected illness or disability; or (iii) to assess, record, maintain or improve the individual’s health; or ( b ) that is the dispensing on prescription of a drug or medicinal preparation for use or consumption by that individual; “healthcare provider” means any organisation providing one or more health services in the course of business; “member”, in relation to the Appeals Panel, includes the chairperson and deputy chairperson of that Panel; “Merdeka Generation Senior” includes an individual who is determined under section 13 to be a Merdeka Generation Senior; “organisation” includes any individual, company, association or body of persons, corporate or unincorporate — ( a ) formed under the law of Singapore; or ( b ) resident, or having an office or a place of business, in Singapore; “Pioneer” includes an individual who is determined under section 13 to be a Pioneer; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “public scheme” means any scheme that — ( a ) is established by or under any written law and administered by a public authority or by the Government in any other manner; and ( b ) is to provide financial relief, assistance or support to citizens of Singapore or any part of them; “regulations” means regulations made under section 27; “reimbursement arrangement” means an agreement in writing or a scheme, approved by the Minister charged with the responsibility for health, to the effect that the Government is liable (directly or indirectly) to pay a grant to a prescribed healthcare provider to reimburse the prescribed healthcare provider for the whole or part of the cost and expenses incurred by the prescribed healthcare provider for any relevant health service rendered or provided to a Pioneer or Merdeka Generation Senior; “relevant health service” means a health service determined by a prescribed healthcare provider, with the approval of the Minister charged with the responsibility for health, to be a relevant health service for the purposes of this Act; “verification application” means an application made under section 13(2) in relation to an individual seeking a determination from the Appeals Panel that the individual is a Pioneer or Merdeka Generation Senior for the purposes of this Act. [16/2019]


document_id: pgmgfa-2014
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purpose of Act
content:
3. The purpose of this Act is to recognise and honour the participation and sacrifice of Singapore’s Pioneers and Merdeka Generation Seniors in the early stages of Singapore’s development by providing to such Pioneers and Merdeka Generation Seniors in their elder years assistance in the form of financial benefits or other support to meet their healthcare costs and other costs of living in Singapore. [3/2016; 16/2019]


document_id: pgmgfa-2014
provision_ref: s4
chapter: PART 2 - PIONEER GENERATION FUND AND MERDEKA GENERATION FUND
section: 4
title: Establishment of Pioneer Generation Fund and Merdeka Generation Fund
content:
4. —(1) There are established 2 Government funds called the Pioneer Generation Fund and the Merdeka Generation Fund, respectively, comprising — ( a ) all moneys from time to time appropriated from the Consolidated Fund and authorised to be paid into the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) by any written law; ( b ) all other revenues of Singapore allocated by any written law to the Pioneer Generation Fund or the Merdeka Generation Fund, as the case may be; ( c ) all gifts and donations given or made by any person to the Government for the purposes of the Pioneer Generation Fund or the Merdeka Generation Fund, as the case may be; and ( d ) all investments out of moneys in the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) authorised to be made by any written law and the proceeds of any such investment, including the net income from such investments. [16/2019] (2) For the purposes of subsection (1)( d ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) any profit derived or loss sustained (as the case may be) from the realisation of such investments. [16/2019] (3) The Pioneer Generation Fund and the Merdeka Generation Fund are each to be regarded as comprising public moneys for the purposes of any other written law, and the Financial Procedure Act 1966 applies to the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) to the extent that it is not inconsistent with any of the provisions of this Act. [16/2019]


document_id: pgmgfa-2014
provision_ref: s5
chapter: PART 2 - PIONEER GENERATION FUND AND MERDEKA GENERATION FUND
section: 5
title: Purposes of Funds
content:
5. —(1) The moneys in the Pioneer Generation Fund and the Merdeka Generation Fund may be withdrawn and applied only for all or any of the following purposes: ( a ) to provide financial assistance to Pioneers or Merdeka Generation Seniors (as the case may be) in accordance with section 16(1) and grants by way of reimbursement in accordance with section 16(2); ( b ) to fund all or any part of the cost of any prescribed public scheme but only to the extent that Pioneers or Merdeka Generation Seniors (as the case may be) are eligible to participate in or receive benefits under that public scheme; ( c ) to meet the payment of expenses referred to in section 6, and any terms of appointment of a public authority and organisation under section 19(1)( b ) and ( c ), respectively; ( d ) for such other purposes as are authorised under this Act to be paid out of the Pioneer Generation Fund and the Merdeka Generation Fund, respectively. [16/2019] (2) The moneys in the Pioneer Generation Fund and the Merdeka Generation Fund may be deposited in any bank account and invested in any investment authorised under the Financial Procedure Act 1966. [16/2019]


document_id: pgmgfa-2014
provision_ref: s6
chapter: PART 2 - PIONEER GENERATION FUND AND MERDEKA GENERATION FUND
section: 6
title: Expenses
content:
6. —(1) Unless otherwise directed by the Minister, all costs, expenses and charges incurred in relation to making any investment of moneys in the Pioneer Generation Fund or the Merdeka Generation Fund are to be charged upon and payable out of the Pioneer Generation Fund or the Merdeka Generation Fund, as the case may be. [16/2019] (2) All other expenses incidental to or arising from the administration and management of moneys in the Pioneer Generation Fund or the Merdeka Generation Fund are to be charged upon and payable out of the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) (called in this subsection the relevant Fund), including but not limited to the following: ( a ) the cost of auditing the accounts of the relevant Fund, and the remuneration of the auditor if he or she is not the Auditor‑General; ( b ) the expenses incurred by any public authority or person whom the Minister has appointed under Part 4 to disburse financial assistance using moneys in the relevant Fund in carrying out their duties under that appointment, and doing any thing incidental to or in connection with the purposes of that appointment. [16/2019] (3) However, no remuneration or allowance payable to a public officer may be met out of moneys in the Funds. [16/2019]


document_id: pgmgfa-2014
provision_ref: s7
chapter: PART 2 - PIONEER GENERATION FUND AND MERDEKA GENERATION FUND
section: 7
title: Withdrawals
content:
7. —(1) Moneys cannot be withdrawn from the Pioneer Generation Fund or the Merdeka Generation Fund unless they are charged upon that Fund or are authorised to be withdrawn or transferred under this Act. [16/2019] (2) Despite section 13 of the Financial Procedure Act 1966, payment is to be made out of either of the Funds only if the payment is approved by the Minister or an accounting officer authorised, in writing, by the Minister. [16/2019]


document_id: pgmgfa-2014
provision_ref: s8
chapter: PART 2 - PIONEER GENERATION FUND AND MERDEKA GENERATION FUND
section: 8
title: Financial year
content:
8. —(1) The financial year of each of the Funds begins on 1 April of each year and ends on 31 March of the succeeding year. [16/2019] (2) However, the first financial year of the Pioneer Generation Fund begins on 9 March 2015 and ends on 31 March of the succeeding year. [16/2019] (3) The first financial year of the Merdeka Generation Fund begins on 26 June 2019 and ends on 31 March of the succeeding year. [16/2019]


document_id: pgmgfa-2014
provision_ref: s9
chapter: PART 2 - PIONEER GENERATION FUND AND MERDEKA GENERATION FUND
section: 9
title: Accounts
content:
9. —(1) The Minister must designate — ( a ) one or more public officers to be accounting officers of the Pioneer Generation Fund; and ( b ) one or more public officers to be accounting officers of the Merdeka Generation Fund. [16/2019] (2) Every accounting officer of the Pioneer Generation Fund or the Merdeka Generation Fund must — ( a ) cause to be kept proper accounts and records of all transactions and affairs relating to that Fund, or the transactions and affairs of the part of that Fund that the accounting officer is in charge of, as the case may be; ( b ) do all things necessary to ensure that payments out of that Fund and the disbursement of those funds are properly authorised and correctly made; and ( c ) ensure that adequate control is maintained over the assets and receipts of that Fund, or the assets and receipts of the part of that Fund that the accounting officer is in charge of, as the case may be. [16/2019] (3) A public officer designated under subsection (1) is also an accounting officer of the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) for the purposes of the Financial Procedure Act 1966. [16/2019]


document_id: pgmgfa-2014
provision_ref: s10
chapter: PART 2 - PIONEER GENERATION FUND AND MERDEKA GENERATION FUND
section: 10
title: Financial statements and audit
content:
10. —(1) The Minister must, as soon as practicable after the close of each financial year of the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be), cause to be prepared and submitted financial statements and accounts of the Pioneer Generation Fund and the Merdeka Generation Fund (as the case may be) in respect of the financial year to the Auditor‑General who is to audit or cause an audit of the statements and accounts and report on them. [16/2019] (2) As soon as the accounts of the Funds and the financial statements have been audited, a copy of the audited financial statements, together with a copy of any report made by the Auditor‑General, must be submitted to the Minister. [16/2019] (3) Where the Auditor‑General is not the auditor of any of the Funds, a copy of the audited financial statements and any report made by the auditor for that Fund must be forwarded to the Auditor‑General. [16/2019] (4) The Minister must as soon as practicable cause a copy of the audited financial statements of the Funds and the auditor’s report to be presented to Parliament. [16/2019]


document_id: pgmgfa-2014
provision_ref: s11
chapter: PART 2 - PIONEER GENERATION FUND AND MERDEKA GENERATION FUND
section: 11
title: Dissolution of Funds
content:
11. Upon dissolution of any of the Funds during any term of office of the Government (within the meaning of the Constitution), the balance of such moneys remaining in that Fund must be transferred to the Consolidated Fund and be added to the reserves of the Government not accumulated by it during that term of office. [16/2019]


document_id: pgmgfa-2014
provision_ref: s12
chapter: PART 3 - BENEFITS
section: 12
title: Who is a Pioneer?
content:
12. —(1) In this Act, a Pioneer is a citizen of Singapore — ( a ) whose birthday is 31 December 1949 or earlier; and ( b ) who was a citizen of Singapore on 31 December 1986 and has been a citizen of Singapore since that date. (2) In addition, any other citizen of Singapore may be determined under section 13 to be a Pioneer for the purposes of this Act provided that the citizen’s birthday is 31 December 1949 or earlier.


document_id: pgmgfa-2014
provision_ref: s12A
chapter: PART 3 - BENEFITS
section: 12A
title: Who is a Merdeka Generation Senior?
content:
12A. —(1) In this Act, a Merdeka Generation Senior is — ( a ) a citizen of Singapore — (i) whose birthday is between 1 January 1950 and 31 December 1959 (both dates inclusive); and (ii) who was a citizen of Singapore on 31 December 1996, and has been a citizen of Singapore since that date; or ( b ) a citizen of Singapore — (i) whose birthday is 31 December 1949 or earlier; (ii) who was a citizen of Singapore on 31 December 1996, and has been a citizen of Singapore since that date; and (iii) who — (A) is not a Pioneer; or (B) ceased being a Pioneer because of section 18(1)( d ), whether before, on or after 26 June 2019. [16/2019] (2) In addition, any other citizen of Singapore may be determined under section 13 to be a Merdeka Generation Senior for the purposes of this Act provided that — ( a ) the citizen’s birthday is 31 December 1959 or earlier; and ( b ) the citizen — (i) is not a Pioneer; or (ii) ceased being a Pioneer because of section 18(1)( d ), whether before, on or after 26 June 2019. [16/2019]


document_id: pgmgfa-2014
provision_ref: s12B
chapter: PART 3 - BENEFITS
section: 12B
title: Citizen cannot be both Pioneer and Merdeka Generation Senior
content:
12B. For the purposes of this Act, a citizen of Singapore may only be either a Pioneer or a Merdeka Generation Senior at any time, but not both. [16/2019]


document_id: pgmgfa-2014
provision_ref: s13
chapter: PART 3 - BENEFITS
section: 13
title: Determination to be a Pioneer or Merdeka Generation Senior
content:
13. —(1) For the purpose of determining — ( a ) whether a citizen referred to in section 12(2) is a Pioneer for the purposes of this Act; or ( b ) whether a citizen referred to in section 12A(2) is a Merdeka Generation Senior for the purposes of this Act, the Appeals Panel must have regard to, and give such weight as the Panel considers appropriate to, all of such matters as are prescribed by regulations. [16/2019] (2) A citizen of Singapore referred to in section 12(2) or 12A(2) may not be determined to be a Pioneer or Merdeka Generation Senior (as the case may be) for the purposes of this Act unless a verification application is made, by or on behalf of the citizen, to the Appeals Panel in the prescribed manner. [16/2019] (3) A verification application may be made — ( a ) by the individual who wants to be determined to be a Pioneer or Merdeka Generation Senior; ( b ) with the approval of the individual, by another person on behalf of that individual; or ( c ) where the individual is unable, by reason of physical or mental incapacity, to approve a person to make the verification application, by a donee under a lasting power of attorney executed by the individual but only to the extent permitted by the Mental Capacity Act 2008. [16/2019] (4) However, a verification application must be made no later than — ( a ) in the case of a verification application for a determination to be a Pioneer — the closing date specified by the Minister under subsection (5) for this type of verification applications; or ( b ) in the case of a verification application for a determination to be a Merdeka Generation Senior — the closing date specified by the Minister under subsection (5) for this type of verification applications, and the Appeals Panel must reject any verification application made after the applicable closing date. [16/2019] (5) The Minister may specify the closing date for the purposes of subsection (4) by a notification in the Gazette published at least 6 months before a closing date so specified. [16/2019] (6) On receiving a verification application under subsection (2) in respect of any individual, the Appeals Panel is to determine, as soon as practicable, whether or not the individual is a Pioneer or Merdeka Generation Senior. [16/2019] (7) If the Appeals Panel determines that — ( a ) a citizen of Singapore referred to in section 12(2) is a Pioneer for the purposes of this Act; or ( b ) a citizen of Singapore referred to in section 12A(2) is a Merdeka Generation Senior for the purposes of this Act, the Panel may, where suitable, state that the citizen of Singapore is a Pioneer or a Merdeka Generation Senior (as the case may be) with effect from a date before the date of its decision, but not a date earlier than when the verification application (if made) for that citizen of Singapore was received by the Panel. [16/2019] (8) The Appeals Panel must give to the person referred to in subsection (3) who made a verification application notice of its decision under this section on the verification application. [16/2019]


document_id: pgmgfa-2014
provision_ref: s14
chapter: PART 3 - BENEFITS
section: 14
title: Reconsideration by Appeals Panel
content:
14. —(1) A person who is aggrieved by a decision of the Appeals Panel under this section or section 13 refusing to determine that a citizen of Singapore referred to in section 12(2) is a Pioneer may, at any time but no later than the closing date specified under section 13(5) for verification applications mentioned in section 13(4)( a ), apply in writing to that Panel to reconsider that decision. [16/2019] (2) A person who is aggrieved by a decision of the Appeals Panel under this section or section 13 refusing to determine that a citizen of Singapore referred to in section 12A(2) is a Merdeka Generation Senior may, at any time but no later than the closing date specified under section 13(5) for verification applications mentioned in section 13(4)( b ), apply in writing to that Panel to reconsider that decision. [16/2019] (3) An application for reconsideration may be made by any person referred to in section 13(3) and must be made in the prescribed manner, except that the Appeals Panel must reject any application for reconsideration made after the closing date specified under section 13(5). [16/2019] (4) On receiving an application under subsection (1) or (2) for reconsideration of its decision in respect of any citizen of Singapore referred to in section 12(2) or 12A(2) (as the case may be), the Appeals Panel is to reconsider the decision, as soon as practicable, and then either — ( a ) determine that the citizen of Singapore is a Pioneer or Merdeka Generation Senior (as the case may be) with effect from a date to be specified, which may, where suitable, be a date before the date of its decision on reconsideration but not earlier than the date the verification application (if made) for that citizen of Singapore was received by the Panel under section 13; or ( b ) affirm that decision. [16/2019] (5) The Appeals Panel must give notice of the result of its reconsideration under this section to the person who applied under this section for that reconsideration. [16/2019]


document_id: pgmgfa-2014
provision_ref: s14A
chapter: PART 3 - BENEFITS
section: 14A
title: Determination to be Merdeka Generation Senior on Appeals Panel’s own accord
content:
14A. —(1) Despite section 13(2), where — ( a ) the Appeals Panel makes a decision (whether before, on or after 26 June 2019 — (i) under section 13 refusing to determine that a citizen of Singapore is a Pioneer; or (ii) under section 14 affirming its earlier refusal to determine that a citizen of Singapore is a Pioneer; and ( b ) no application or further application under section 14(1) for reconsideration of that decision is received by the Appeals Panel, the Appeals Panel may, on its own accord, decide whether that citizen may be determined a Merdeka Generation Senior if he or she is a citizen of Singapore referred to in section 12A(2). [16/2019] (2) To avoid doubt, the Appeals Panel may make a decision under subsection (1) without any verification application being made to the Panel under section 13 to determine whether or not the citizen referred to in subsection (1) is a Merdeka Generation Senior. [16/2019] (3) For the purposes of subsection (1), the Appeals Panel must have regard to, and give such weight as the Panel considers appropriate to, all of the matters mentioned in section 13(1). [16/2019] (4) The Appeals Panel must give to the citizen referred to in subsection (1) notice of its decision under this section. [16/2019] (5) A person who is aggrieved by a decision of the Appeals Panel under this section of refusing to determine that a citizen referred to in subsection (1) is a Merdeka Generation Senior may, at any time but no later than the closing date specified under section 13(5) for verification applications mentioned in section 13(4)( b ), apply in writing to that Panel to reconsider that decision; and section 14(3), (4) and (5) applies with the necessary modifications in relation to that application for reconsideration. [16/2019]


document_id: pgmgfa-2014
provision_ref: s15
chapter: PART 3 - BENEFITS
section: 15
title: Appeals Panel
content:
15. —(1) There is established an Appeals Panel comprising — ( a ) a chairperson; ( b ) one or more deputy chairpersons; and ( c ) at least 2 other individuals, all of whom are appointed by the Minister. [16/2019] (2) The terms and conditions of the appointment of the members of the Appeals Panel are to be determined by the Minister. [16/2019] (3) Unless otherwise provided by or under this Act, the Appeals Panel may determine the procedure to be adopted by it in considering and reconsidering a verification application under sections 13(2) and 14, respectively. [16/2019]


document_id: pgmgfa-2014
provision_ref: s16
chapter: PART 3 - BENEFITS
section: 16
title: Pioneer Generation and Merdeka Generation benefits
content:
16. —(1) The financial assistance to which a Pioneer or Merdeka Generation Senior is eligible under this Act is as follows: ( a ) a cash grant to be credited, in respect of a prescribed period (if prescribed), to the Medisave account or other account of the Pioneer or Merdeka Generation Senior in the Central Provident Fund, being of an amount prescribed for the Pioneer or Merdeka Generation Senior or the class that the Pioneer or Merdeka Generation Senior belongs; [Act 31 of 2022 wef 01/11/2022] ( b ) for Pioneers only, a cash grant payable in such other manner of an amount prescribed for the Pioneer if he or she has any disability or satisfies such other conditions as may be prescribed for the grant; ( c ) for Merdeka Generation Seniors only, a cash grant to be credited to the Merdeka Generation Senior’s PAssion Silver stored value card, being of an amount prescribed; ( d ) a subsidy of the cost of any premium of a prescribed insurance scheme covering the Pioneer or Merdeka Generation Senior (whether alone or as a member of a class) in relation to health services, up to the maximum proportion or maximum amount of that cost prescribed for the Pioneer or Merdeka Generation Senior or the class that the Pioneer or Merdeka Generation Senior belongs; ( e ) a subsidy of the cost of any premium of a prescribed insurance scheme covering the Pioneer or Merdeka Generation Senior in relation to any disability, being of an amount prescribed for the Pioneer or Merdeka Generation Senior (as the case may be) and payable for premiums due during a prescribed period; ( f ) a subsidy of the cost of any relevant health service rendered or provided to the Pioneer or Merdeka Generation Senior by any prescribed healthcare provider, up to the maximum proportion or maximum amount of that cost prescribed for the Pioneer or Merdeka Generation Senior. [16/2019] (2) If — ( a ) a reimbursement arrangement is made in respect of any relevant health service rendered or provided to a Pioneer or Merdeka Generation Senior; ( b ) a prescribed healthcare provider referred to in subsection (1)( f ) is party to or bound by that arrangement; ( c ) that prescribed healthcare provider renders or provides any relevant health service to a Pioneer or Merdeka Generation Senior; and ( d ) that prescribed healthcare provider is entitled, under the reimbursement arrangement, to reimbursement of the whole or part of the cost and expenses it incurred in respect of the relevant health service so rendered or provided, there is payable to the prescribed healthcare provider a grant by way of reimbursement (called a reimbursement grant) of its cost and expenses in rendering or providing the relevant health service to the Pioneer or Merdeka Generation Senior, up to the maximum proportion or maximum amount of those costs and expenses allowed under the reimbursement arrangement applicable to that prescribed healthcare provider. [16/2019] (3) However, nothing in this section prevents a Pioneer or Merdeka Generation Senior from refusing any financial assistance under subsection (1). [16/2019]


document_id: pgmgfa-2014
provision_ref: s17
chapter: PART 3 - BENEFITS
section: 17
title: Nature of benefits to Pioneers and Merdeka Generation Seniors
content:
17. —(1) To avoid doubt, no Pioneer and no Merdeka Generation Senior has an absolute right to any financial assistance in section 16(1), even for a period before he or she is determined to be a Pioneer under section 13 or 14 or a Merdeka Generation Senior under section 13, 14 or 14A. [16/2019] (2) Any financial assistance under section 16(1) granted to a Pioneer or Merdeka Generation Senior — ( a ) is not assignable or transferable, except for the purpose of satisfying a debt due from the Pioneer or Merdeka Generation Senior (as the case may be) to the Government; and ( b ) is not liable to be attached, sequestered or levied upon for or in respect of any debt or claim, except a debt due from the Pioneer or Merdeka Generation Senior (as the case may be) to the Government. [16/2019]


document_id: pgmgfa-2014
provision_ref: s18
chapter: PART 3 - BENEFITS
section: 18
title: Loss of Pioneer or Merdeka Generation Senior status
content:
18. —(1) Despite any provision in this Part, an individual continues to be a Pioneer until — ( a ) the individual ceases to be a citizen of Singapore at any time after 9 March 2015; ( b ) the individual is or becomes a citizen of another country at any time after 9 March 2015, even if the individual does not cease to be a citizen of Singapore; ( c ) the individual dies; or ( d ) the individual is declared under subsection (3) to cease being a Pioneer. [16/2019] (2) Despite any provision in this Part, an individual continues to be a Merdeka Generation Senior until — ( a ) the individual ceases to be a citizen of Singapore at any time after 26 June 2019; ( b ) the individual is or becomes a citizen of another country at any time after 26 June 2019, even if the individual does not cease to be a citizen of Singapore; ( c ) the individual dies; ( d ) the individual is declared under subsection (3) to cease being a Merdeka Generation Senior; or ( e ) the individual is determined under section 13(2) or 14 to be a Pioneer. [16/2019] (3) The Minister may by written order declare that an individual ceases to be a Pioneer or Merdeka Generation Senior for the purposes of this Act if the individual is convicted of an offence under this Act; and any declaration by the Minister under this subsection is final. [16/2019] (4) Before declaring under subsection (3) that an individual ceases to be a Pioneer or Merdeka Generation Senior for the purposes of this Act, the Minister must give the individual concerned a reasonable opportunity of being heard. [16/2019] (5) For the purposes of subsection (1)( b ), an individual is not and does not become a citizen of another country by reason only of the operation of Article 139 of the Constitution.


document_id: pgmgfa-2014
provision_ref: s19
chapter: PART 4 - ADMINISTRATION
section: 19
title: Persons appointed to disburse financial assistance
content:
19. —(1) The Minister may, in relation to any type of financial assistance referred to in section 16(1) or (2) or benefits under a prescribed public scheme referred to in section 5(1)( b ), appoint — ( a ) any public officer (who may or may not be an accounting officer); ( b ) any public authority; or ( c ) any other organisation, to disburse, on behalf of the Minister, the financial assistance or other benefits using moneys withdrawn from any of the Funds, and to do any other thing incidental to or in connection with the purpose of the appointment. [16/2019] (2) After withdrawing moneys from any of the Funds, an accounting officer may transfer the moneys to the relevant public officer, public authority or organisation appointed under subsection (1) to disburse the moneys in the form of financial assistance or other benefits in accordance with this Act and, subject to the provisions of this Act, the Minister’s directions. [16/2019] (3) The appointment of a public authority or an organisation referred to in subsection (1)( b ) or ( c ) may be on such terms as the Minister and the public authority or organisation (as the case may be) agree and if there is no agreement, on such terms as the Minister determines. (4) The Minister must, as soon as practicable, cause to be published in the Gazette a notice of the appointment of every public officer, public authority or organisation appointed under subsection (1). (5) Where a public authority is appointed by the Minister under subsection (1) to disburse such financial assistance or other benefits using moneys in any of the Funds — ( a ) the functions and duties of the public authority under written law are to be regarded as including disbursing that financial assistance or other benefits; ( b ) the public authority is to be regarded as fulfilling the purposes of the relevant Act constituting that public authority, and the provisions of that Act are to apply to the public authority in respect of disbursing that financial assistance or other benefits; and ( c ) the members, officers and employees of the public authority, in relation to their disbursement of that financial assistance or other benefits, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act is to apply (with such necessary modifications as may be prescribed) to such persons even though they are not or were not in the employment of the Government. [16/2019]


document_id: pgmgfa-2014
provision_ref: s20
chapter: PART 4 - ADMINISTRATION
section: 20
title: Disclosure of information in aid of disbursement from Funds
content:
20. —(1) Where the Minister certifies, under his or her hand, that it is necessary for a public officer, a public authority or an organisation appointed under section 19(1) or any other person (called a recipient organisation) to have access to any particular class of confidential information in the possession of a Government department or another public authority, in order to disburse or facilitate disbursement of any financial assistance or grant under section 16, or any benefit under a prescribed public scheme referred to in section 5(1)( b ), using moneys in any of the Funds — ( a ) the Minister charged with the responsibility for that Government department or other public authority may, in addition to any other power conferred by any written law, direct that Government department or other public authority to provide so much of the confidential information to the recipient organisation as is necessary for that purpose; and ( b ) unless subsection (3) applies, that Government department or other public authority is to comply with the direction under paragraph ( a ), whether or not it is under any obligation (imposed by written law or otherwise) not to disclose such information. [16/2019] (2) Despite the provisions of this Act or any other written law — ( a ) no person shall be guilty of an offence under any written law or of any breach of confidence or incur any other civil liability, by virtue merely of the person disclosing any information in accordance with any direction under subsection (1)( a ); and ( b ) no officer of a recipient organisation shall be guilty of an offence under any written law or of any breach of confidence or incur any other civil liability, by virtue merely of the officer accessing, or disclosing to another officer of that recipient organisation, any confidential information referred to in subsection (1) in the performance of his or her duties connected with disbursing any financial assistance or grant under section 16 or benefit under a prescribed public scheme referred to in section 5(1)( b ). (3) This Act is a public scheme for the purposes of section 6(12) of the Income Tax Act 1947; otherwise nothing in this section is to apply to or authorise disclosure of any document, information, return and assessment to which section 6 of that Act applies.


document_id: pgmgfa-2014
provision_ref: s21
chapter: PART 4 - ADMINISTRATION
section: 21
title: Use of confidential information
content:
21. —(1) This section applies to a public officer, a public authority or an organisation appointed under section 19(1) or other person referred to in section 20(1), who or which receives information relating to an individual under section 20(1) (called confidential information), and any member or employee of that public authority, organisation or other person, as the case may be. (2) The use or disclosure of confidential information, without the written consent of the individual to whom the information relates, is authorised only if the purpose of the use or disclosure is to communicate or manage the confidential information as part of — ( a ) the funding, monitoring or evaluation (excluding the investigation into or resolution of complaints) of any health service, or of any benefit under a prescribed public scheme referred to in section 5(1)( b ), provided or to be provided to Pioneers or Merdeka Generation Seniors; ( b ) the provision of indemnity cover for a Pioneer or Merdeka Generation Senior in respect of health services used or to be used by Pioneers or Merdeka Generation Seniors, as the case may be; ( c ) the administration and enforcement of this Act; ( d ) the prevention or management of a serious threat to public health or public safety; or ( e ) the development or implementation by the Government or a public authority of any public scheme involving benefits to Pioneers or Merdeka Generation Seniors. [16/2019] (3) However, subsection (2) does not authorise a public officer, a public authority, an organisation or other person referred to in section 20(1), or any member or employee of that public authority, organisation or person (as the case may be), to use or disclose the confidential information for the purpose of the Government, public authority, organisation or person — ( a ) in underwriting a contract of insurance that covers a healthcare provider referred to in section 16; ( b ) in determining whether to enter into a contract of insurance that covers such a healthcare provider (whether alone or as a member of a class); ( c ) in determining whether a contract of insurance covers such a healthcare provider in relation to a particular event; or ( d ) in employing a Pioneer or Merdeka Generation Senior. [16/2019] (4) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: pgmgfa-2014
provision_ref: s22
chapter: PART 4 - ADMINISTRATION
section: 22
title: Recovery of sums overpaid, etc.
content:
22. —(1) If any money in the Pioneer Generation Fund or the Merdeka Generation Fund is paid as a cash grant or a subsidy and — ( a ) the recipient, in the case of a cash grant referred to in section 16(1)( a ), ( b ) or ( c ) — (i) is not a Pioneer or Merdeka Generation Senior, as the case may be; or (ii) is a Pioneer or Merdeka Generation Senior (as the case may be) but not eligible under this Act to that cash grant; ( b ) the recipient, in the case of a subsidy referred to in section 16(1)( d ), ( e ) or ( f ), is not eligible to the subsidy; ( c ) the amount paid is in excess of the amount the recipient is eligible to receive by way of such grant or subsidy (as the case may be) under section 16(1); or ( d ) the money was paid, or was credited to a Medisave account or other account of a Pioneer or Merdeka Generation Senior or other individual in the Central Provident Fund, in error, the amount paid or paid in excess (as the case may be) is recoverable from the recipient as a debt due to the Government. [16/2019] (2) Where money in the Pioneer Generation Fund or the Merdeka Generation Fund is withdrawn and paid as a reimbursement grant under section 16(2) and — ( a ) the recipient is not a prescribed healthcare provider; ( b ) the recipient is a prescribed healthcare provider but did not render or provide any relevant health service to a Pioneer or Merdeka Generation Senior (as the case may be) in respect of which the recipient may be entitled to reimbursement under the applicable reimbursement arrangement; ( c ) the amount paid is in excess of the amount to which the recipient is entitled by way of reimbursement under the applicable reimbursement arrangement; or ( d ) the recipient obtained the reimbursement grant — (i) by knowingly or recklessly making any false or misleading statement; or (ii) by producing or furnishing, or causing to be produced or furnished, any document that the recipient knows to be false in a material particular, the amount that has been paid or paid in excess (as the case may be) is recoverable from the recipient as a debt due to the Government. [16/2019] (3) If any person (whether or not a Pioneer or Merdeka Generation Senior, or former Pioneer or former Merdeka Generation Senior) obtains any financial assistance under section 16(1) or any benefit under a prescribed public scheme referred to in section 5(1)( b ) — ( a ) by knowingly or recklessly making any false or misleading statement; or ( b ) by producing or furnishing, or causing to be produced or furnished, any document that the Pioneer or Merdeka Generation Senior (as the case may be) knows to be false in a material particular, the amount of the financial assistance or benefit so obtained is recoverable from the person as a debt due to the Government. [16/2019] (4) Where the money in any of the Funds is withdrawn and — ( a ) paid in error to a Pioneer or Merdeka Generation Senior; or ( b ) paid to anyone else without authorisation or in excess of authorisation required by or under this Act, the amount of the financial assistance, grant or benefit so obtained is recoverable from the recipient as a debt due to the Government. [16/2019]


document_id: pgmgfa-2014
provision_ref: s23
chapter: PART 5 - MISCELLANEOUS
section: 23
title: Offences
content:
23. —(1) If — ( a ) a person furnishes a document, or makes a statement (whether orally, in writing or any other way) or gives information, to the Appeals Panel; ( b ) the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading; ( c ) the person knows that the document is false or misleading, or that the statement or information is as described in paragraph ( b ); and ( d ) the document is furnished in, or the statement is made or the information is given in, or in connection with, a verification application (whether for that person or for another) to be determined a Pioneer or Merdeka Generation Senior, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [16/2019] (2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information did not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular. (3) A person — ( a ) who — (i) knowingly or recklessly makes any false or misleading statement; or (ii) produces or furnishes, or causes to be produced or furnished, any document that the person knows to be false in a material particular; and ( b ) who, with the intention of dishonestly inducing another person to accept the statement or document as genuine, and by reason of the other person so accepting it as genuine, dishonestly obtains any financial assistance under section 16(1)( a ), ( b ), ( c ), ( d ), ( e ) or ( f ) or any benefit under a prescribed public scheme referred to in section 5(1)( b ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [16/2019] (4) A healthcare provider — ( a ) that — (i) knowingly or recklessly makes any false or misleading statement; or (ii) produces or furnishes, or causes to be produced or furnished, any document that the healthcare provider knows to be false in a material particular; and ( b ) that, with the intention of dishonestly inducing another person to accept the statement or document as genuine, and by reason of the other person so accepting it as genuine, dishonestly obtains any reimbursement grant under section 16(2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (5) Subsections (3) and (4) do not affect any right to recovery under section 22.


document_id: pgmgfa-2014
provision_ref: s24
chapter: PART 5 - MISCELLANEOUS
section: 24
title: Offences by bodies corporate, etc.
content:
24. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) is to apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the board of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: pgmgfa-2014
provision_ref: s25
chapter: PART 5 - MISCELLANEOUS
section: 25
title: Composition of offences
content:
25. —(1) Any public officer authorised by the Minister may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: pgmgfa-2014
provision_ref: s26
chapter: PART 5 - MISCELLANEOUS
section: 26
title: Service of documents
content:
26. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( e ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s last email address. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) This section does not apply to documents to be served in proceedings in court. (7) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act, or the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: pgmgfa-2014
provision_ref: s27
chapter: PART 5 - MISCELLANEOUS
section: 27
title: Regulations
content:
27. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the financial assistance and grants referred to in section 16(1) and (2), respectively, including prescribing different amounts or proportions, or different maximum amounts or proportions, of financial assistance or grants for different classes of Pioneers and Merdeka Generation Seniors, for different relevant health services and prescribed healthcare providers; ( b ) the method and manner of disbursing the financial assistance and grants referred to in section 16(1) and (2), respectively, by persons appointed under section 19; ( c ) requiring returns to be made to an accounting officer — (i) by a person appointed under section 19 regarding the disbursement of financial assistance and grants referred to in section 16(1) and (2), respectively, by that person; and (ii) by a prescribed healthcare provider eligible to a reimbursement grant under section 16(2) regarding the cost and expenses of providing any relevant health service to a Pioneer or Merdeka Generation Senior; ( d ) the fees to be paid for any thing or matter done or to be done under this Act in respect of which it appears to the Minister to be expedient to charge fees; ( e ) the procedures of the Appeals Panel, including its decision‑making procedures, the number of members required to be at meetings of the Panel, who is to preside at these meetings, what happens when votes of the members are tied and when a member is not entitled to participate in decision‑making; ( f ) the offences under this Act that may be compounded; ( g ) anything that is required or permitted to be prescribed under this Act. [16/2019] (3) However, the means of a Pioneer or Merdeka Generation Senior are irrelevant when prescribing in regulations — ( a ) any cash grant to Pioneers or Merdeka Generation Seniors (as the case may be) referred to in section 16(1)( a ), ( b ) or ( c ); ( b ) the maximum proportion or maximum amount for any subsidy referred to in section 16(1)( d ) or ( f ); ( c ) the amount for any subsidy referred to in section 16(1)( e ); or ( d ) any reimbursement grant referred to in section 16(2). [3/2016; 16/2019] (4) The regulations made under this section may provide — ( a ) that healthcare providers be prescribed by reference to a particular register, list or other document that is specified in the regulations, provided that the register, list or document is available for inspection (on the Internet or otherwise) by members of the public; and ( b ) that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $2,500 or with imprisonment for a term not exceeding 6 months or with both. (5) All regulations made under this section are to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pgmgfa-2014
provision_ref: s28
chapter: PART 5 - MISCELLANEOUS
section: 28
title: Validation of pre‑commencement decisions
content:
28. —(1) Any decision by any person purporting to be made in the name or on behalf of the Pioneer Generation Appeals Panel before its formation under section 15, has effect, and is taken always to have had effect, as if it had been made on 9 March 2015 by the Pioneer Generation Appeals Panel under section 13. (2) Anything done under or for the purposes of such a decision mentioned in subsection (1), is as valid, and is taken always to have been as valid, as it would have been if the decision had been made by the Pioneer Generation Appeals Panel under section 13. (3) Any application lodged before 9 March 2015 to any person purporting to act in the name or on behalf of the Pioneer Generation Appeals Panel and in respect of which no decision as mentioned in subsection (1) is made before that date is deemed to be a verification application made under section 13(2).


document_id: pgmgfa-2014
provision_ref: s29
chapter: PART 5 - MISCELLANEOUS
section: 29
title: Validation of pre-commencement decisions for Merdeka Generation Seniors
content:
29. —(1) Any decision, relating to whether a citizen of Singapore is a Merdeka Generation Senior, by any person purporting to be made in the name or on behalf of the Appeals Panel before 26 June 2019 has effect, and is taken always to have had effect, as if it had been made on that date by the Appeals Panel under section 13, 14 or 14A, as the case may be. [16/2019] (2) Anything done under or for the purposes of such a decision mentioned in subsection (1) is as valid, and is taken always to have been as valid, as it would have been if the decision had been made by the Appeals Panel under section 13, 14 or 14A, as the case may be. [16/2019] (3) Any application lodged before 26 June 2019 to any person purporting to act in the name or on behalf of the Appeals Panel and in respect of which no decision as mentioned in subsection (1) is made before that date is deemed to be a verification application made under section 13(2). [16/2019]


document_id: pha-2014
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “author”, in relation to a statement of fact, means the originator of the statement; “communication” means any words, image (moving or otherwise), message, expression, symbol or other representation that can be seen, heard or otherwise perceived by any person, or any combination of these; “computing resource service” means a service that provides processing capability or storage capacity through the use of any computer hardware or software; “correction order” means an order made under section 15B; “court” means a court of competent jurisdiction; [Act 31 of 2022 wef 01/11/2022] “disabling order” means an order made under section 15C; “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; “entity” means any company or association or body of persons (whether corporate or unincorporate), but excludes any public agency; “general correction order” means an order made under section 15E; “identity information” means any information that, whether on its own or with other information, identifies or purports to identify an individual, including (but not limited to) any of the following: ( a ) the individual’s name, residential address, email address, telephone number, date of birth, national registration identity card number, passport number, signature (whether handwritten or electronic) or password; ( b ) any photograph or video recording of the individual; ( c ) any information about the individual’s family, employment or education; “interim disabling order” means an order made under section 16AA; “interim notification order” means an order made under section 16B; “interim stop publication order” means an order made under section 16A; “internet intermediary” means a person who provides any internet intermediary service; “internet intermediary service” means — ( a ) a service that allows end‑users to access materials originating from third parties, using the internet; ( b ) a service of transmitting materials to end‑users on or through the internet; or ( c ) a service of displaying, to an end-user who uses the service to make an online search, an index of search results, each of which links that end‑user to content hosted or stored at a location which is separate from the location of the index of search results, but excludes any act done for the purpose of or that is incidental to the provision of — ( d ) a service of giving the public access to the internet; or ( e ) a computing resource service; Examples Examples of internet intermediary services are — ( a ) social networking services; ( b ) search engine services; ( c ) content aggregation services; ( d ) internet‑based messaging services; and ( e ) video‑sharing services. “material” means anything that consists of or contains a statement; Examples Examples of a material are a message, a post, an article, a speech, a picture, a video recording and a sound recording. “offending communication”, in relation to any contravention of a provision under this Act, means any communication or statement made in contravention of that provision; “online location” means any internet website, webpage, chatroom or forum, or any other thing that is hosted on a computer (within the meaning of the Computer Misuse Act 1993) and can be seen, heard or otherwise perceived by means of the internet; “Part 3 proceedings” means civil proceedings for claims and orders under Part 3; “Protection from Harassment Court” means a District Court designated under section 16E(1)( a ) as a Protection from Harassment Court; “Protection from Harassment Court Judge” means a District Judge designated under section 16E(1)( b ) as a Protection from Harassment Court Judge; “public agency” has the meaning given by section 128A(6) of the Evidence Act 1893; “publish”, in relation to a communication or statement, means to make the communication or statement available in any form such that the communication or statement is or can be heard, seen or otherwise perceived by the public in Singapore or a member of the public in Singapore, and includes cause to be published; “Registrar” means the registrar of the State Courts, and includes a deputy registrar of the State Courts; “related person”, in relation to a person, means another person about whose safety or wellbeing the firstmentioned person would reasonably be expected to be seriously concerned; “relevant party”, in relation to an order, means an individual or entity against which the order is made; “shared residence”, in relation to the victim and the respondent who are the subjects of a protection order, means the premises at which the victim and the respondent are, or have been, living together as members of the same household; “statement” means any words (including abbreviations and initials), numbers, image (moving or otherwise), sounds, symbols or other representation, or a combination of any of these; “stop publication order” means an order made under section 15A; “stop publishing”, in relation to a communication, means taking the reasonable steps to ensure that the communication is not made available in any form such that the communication is or can be seen, heard or otherwise perceived by the public in Singapore or any member of the public in Singapore; “targeted correction order” means an order made under section 15D; “targeted interim notification order” means an order made under section 16BA. [17/2019] (2) In this Act — ( a ) a statement of fact is a statement which a reasonable person seeing, hearing or otherwise perceiving it would consider to be a representation of fact; and ( b ) a statement is false if it is false or misleading whether wholly or in part, and whether on its own or in the context in which it appears. [17/2019]


document_id: pha-2014
provision_ref: s3
chapter: PART 2 - OFFENCES
section: 3
title: Intentionally causing harassment, alarm or distress
content:
3. —(1) An individual or entity must not, with intent to cause harassment, alarm or distress to another person (called in this section the target person), by any means — ( a ) use any threatening, abusive or insulting words or behaviour; ( b ) make any threatening, abusive or insulting communication; or ( c ) publish any identity information of the target person or a related person of the target person, and as a result causing the target person or any other person (each called in this section the victim) harassment, alarm or distress. [17/2019] (2) Any individual or entity that contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [17/2019] (3) In any proceedings for an offence under subsection (2), it is a defence for the accused individual or accused entity (called in this section the accused) to prove that the accused’s conduct was reasonable. Illustrations ( a ) X and Y are coworkers. At the workplace, X loudly and graphically describes to the other coworkers X’s desire for a sexual relationship with Y in an insulting manner. X knows that Y is within earshot and intends to cause Y distress. Y is distressed. X is guilty of an offence under this section. ( b ) X writes a letter containing threatening words towards Y intending to send the letter to Y to cause him or her alarm. X decides not to send the letter and throws it away. Y finds the letter and is alarmed. X is not guilty of an offence under this section as he or she had no reason to believe that the letter would be seen by Y. ( c ) X and Y were formerly in a relationship which has since ended. X writes a post on a social media platform making abusive and insulting remarks about Y’s alleged sexual promiscuity. In a subsequent post, X includes Y’s photographs and personal mobile number, intending to cause Y harassment by facilitating the identification or contacting of Y by others. Y did not see the posts, but receives and is harassed by telephone calls and SMS messages from strangers (who have read the posts) propositioning Y for sex. X is guilty of an offence under section 3(2) in relation to each post. ( d ) X records a video of Y driving recklessly in a car on the road. X posts the video on an online forum, where people share snippets of dangerous acts of driving on the road. X posts the video with the intent to warn people to drive defensively. X has not committed an offence under this section. [17/2019]


document_id: pha-2014
provision_ref: s4
chapter: PART 2 - OFFENCES
section: 4
title: Harassment, alarm or distress
content:
4. —(1) An individual or entity must not by any means — ( a ) use any threatening, abusive or insulting words or behaviour; or ( b ) make any threatening, abusive or insulting communication, which is heard, seen or otherwise perceived by any person (called in this section the victim) likely to be caused harassment, alarm or distress. [17/2019] (2) Any individual or entity that contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000. [17/2019] (3) In any proceedings for an offence under subsection (2), it is a defence for the accused individual or accused entity (called in this section the accused) to prove — ( a ) that the accused had no reason to believe that the words or behaviour used, or the communication made, by the accused would be heard, seen or otherwise perceived by the victim; or ( b ) that the accused’s conduct was reasonable. Illustrations ( a ) X and Y are classmates. X posts a vulgar tirade against Y on a website accessible to all of their classmates. One of Y’s classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section. ( b ) X and Y are classmates. X gathers with other classmates outside Y’s family home, where Y lives with Y’s parents, and shouts threats at Y. Y is not at home. Y’s mother hears X’s threats and is distressed, because she fears for Y’s safety. X is guilty of an offence under this section. ( c ) X enters a bus station and starts to brandish a sword. Several persons present are alarmed by X’s behaviour. X is guilty of an offence under this section even though X’s actions were not directed at anyone. [17/2019]


document_id: pha-2014
provision_ref: s5
chapter: PART 2 - OFFENCES
section: 5
title: Fear, provocation or facilitation of violence
content:
5. —(1) An individual or entity must not by any means use towards another person (called in this section, except subsection (1A), the victim) any threatening, abusive or insulting words or behaviour, or make any threatening, abusive or insulting communication to another person (also called in this section, except subsection (1A), the victim), either — ( a ) with the intent — (i) to cause the victim to believe that unlawful violence will be used by any person against the victim or any other person; or (ii) to provoke the use of unlawful violence by the victim or another person against any other person; or ( b ) whereby — (i) the victim is likely to believe that such violence mentioned in paragraph ( a )(i) will be used; or (ii) it is likely that such violence mentioned in paragraph ( a )(ii) will be provoked. [17/2019] (1A) An individual or entity must not by any means publish any identity information of another person (called in this subsection the victim) or a related person of the victim, either — ( a ) with the intent — (i) to cause the victim to believe that unlawful violence will be used against the victim or any other person; or (ii) to facilitate the use of unlawful violence against the victim or any other person; or ( b ) knowing or having reasonable cause to believe that it is likely — (i) to cause the victim to believe that unlawful violence will be used against the victim or any other person; or (ii) to facilitate the use of unlawful violence against the victim or any other person. [17/2019] (2) Any individual or entity that contravenes subsection (1) or (1A) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [17/2019] (3) In any proceedings for an offence under subsection (2), it is a defence for the accused individual or accused entity (called in this section the accused) to prove — ( a ) in respect of a contravention of subsection (1)( b ), that the accused had no reason to believe that the words or behaviour used, or the communication made, by the accused would be heard, seen or otherwise perceived by the victim; or ( b ) that the accused’s conduct was reasonable. Illustrations ( a ) X and Y are classmates. X writes a post with threatening and abusive remarks against Y on a website accessible to all their classmates. X writes a subsequent post on the same website, stating Y’s identity information and stating “Everyone, let’s beat Y up!”. X is guilty of an offence under this section in respect of the subsequent post. ( b ) X writes a public post on a social media platform containing threats against Y. X publishes a subsequent public post stating A’s home address and a message “I know where you live”. X is guilty of an offence under this section relating to conduct mentioned in section 5(1A)( a )(i) if X intends the subsequent post to cause Y to believe that violence will be used against A, or an offence under this section relating to conduct mentioned in section 5(1A)( b )(i) if X knows that it is likely that Y will believe that violence will be used against A as a result of X’s subsequent post. ( c ) X writes a post (on a social media platform to which Y does not have access) containing threats of violence against Y and calling others to “hunt him down and teach him a lesson”. B posts Y’s home address in reply to X’s post. B is guilty of an offence under this section. [17/2019]


document_id: pha-2014
provision_ref: s6
chapter: PART 2 - OFFENCES
section: 6
title: Offences in relation to public servant or public service worker
content:
6. —(1) An individual or entity that by any means — ( a ) uses any indecent, threatening, abusive or insulting words or behaviour; or ( b ) makes any indecent, threatening, abusive or insulting communication, towards or to a public servant or public service worker (called in this section, except subsection (1A), the victim) in relation to the execution of the duty of the public servant or public service worker, shall be guilty of an offence. [17/2019] (1A) An individual or entity that contravenes section 3(1)( c ) (in relation to a target person under section 3(1)( c ) who is a public servant or public service worker) — ( a ) with the intent to prevent or deter that public servant or public service worker from discharging the duty of that public servant or public service worker; or ( b ) in consequence of anything done or attempted to be done by that public servant or public service worker in the lawful discharge of the duty of that public servant or public service worker, shall be guilty of an offence. [17/2019] (2) No offence is committed under this section unless the accused individual or accused entity (called in this section the accused) knows or ought reasonably to know that the victim was acting in the victim’s capacity as a public servant or public service worker, as the case may be. [17/2019] (3) Subject to section 8, an individual or entity shall be liable, on conviction for an offence under subsection (1) or (1A), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [17/2019] (4) It is a defence for the accused to prove — ( a ) in any proceedings for an offence under subsection (1), that the accused had no reason to believe that the words or behaviour used, or the communication made, by the accused would be heard, seen or otherwise perceived by the victim; or ( b ) in any proceedings for an offence under subsection (1) or (1A), that the accused’s conduct was reasonable. [17/2019] (5) In this section — “public servant” has the meaning given by the Penal Code 1871, and includes any person who, by virtue of any other written law, is deemed to be a public servant for the purposes of the Penal Code 1871; “public service worker” means an individual who belongs to a prescribed class of employees or workers that provides any service which is essential to the wellbeing of the public or the proper functioning of Singapore, as prescribed under subsection (6). (6) For the purposes of the definition of “public service worker” in subsection (5), the Minister may, by order in the Gazette , prescribe the classes of employees or workers and the services provided by them. (7) Every order made under subsection (6) must be presented to Parliament as soon as possible after publication in the Gazette . Illustration X is unhappy that a public servant, Y, refused to waive a late payment charge. X writes several posts on an open social media platform with abusive comments about Y in relation to the incident. In a subsequent post, X posts Y’s name, home address and photograph on the same open social media platform in order to cause Y distress. Y is distressed by the subsequent post. X is guilty of an offence under this section. [17/2019]


document_id: pha-2014
provision_ref: s7
chapter: PART 2 - OFFENCES
section: 7
title: Unlawful stalking
content:
7. —(1) An individual or entity must not unlawfully stalk another person. [17/2019] (2) Subject to subsection (7), an individual or entity (called in this section the accused) unlawfully stalks another person (called in this section the victim) if the accused engages in a course of conduct which — ( a ) involves acts or omissions associated with stalking; ( b ) causes harassment, alarm or distress to the victim; and ( c ) the accused — (i) intends to cause harassment, alarm or distress to the victim; or (ii) knows or ought reasonably to know is likely to cause harassment, alarm or distress to the victim. [17/2019] (3) The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking: ( a ) following the victim or a related person; ( b ) making any communication, or attempting to make any communication, by any means — (i) to the victim or a related person; (ii) relating or purporting to relate to the victim or a related person; or (iii) purporting to originate from the victim or a related person; ( c ) entering or loitering in any place (whether public or private) outside or near the victim’s or a related person’s place of residence or place of business or any other place frequented by the victim or the related person; ( d ) interfering with property in the possession of the victim or a related person (whether or not the accused has an interest in the property); ( e ) giving or sending material to the victim or a related person, or leaving it where it will be found by, given to or brought to the attention of, the victim or a related person; ( f ) keeping the victim or a related person under surveillance. Illustrations These acts are acts associated with stalking of X by Y: ( a ) Y repeatedly sends emails to Y’s subordinate (X) with suggestive comments about X’s body. ( b ) Y sends flowers to X daily even though X has asked Y to stop doing so. ( c ) Y repeatedly circulates revealing photographs of a classmate (X) to other classmates. [17/2019] (4) For the purposes of subsection (2)( c ), the accused ought reasonably to know that the accused’s course of conduct is likely to cause harassment, alarm or distress to the victim if a reasonable person in possession of the same information would think that the course of conduct is likely to have that effect. [17/2019] (5) In considering whether a course of conduct is likely to cause harassment, alarm or distress, the court may have regard to the following factors: ( a ) the number of occasions on which the acts or omissions associated with stalking were carried out; ( b ) the frequency and the duration of the acts or omissions associated with stalking that were carried out; ( c ) the manner in which the acts or omissions associated with stalking were carried out; ( d ) the circumstances in which the acts or omissions associated with stalking were carried out; ( e ) the particular combination of acts or omissions associated with stalking comprised in the course of conduct; ( f ) the likely effects of the course of conduct on the victim’s safety, health, reputation, economic position, or the victim’s freedom to do any act which he or she is legally entitled to do or not to do any act which he or she is not legally bound to do; and ( g ) the circumstances of the victim including his or her physical or mental health and personality. (6) Any individual or entity that contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [17/2019] (7) In any proceedings for an offence under subsection (6), it is a defence for the accused to prove — ( a ) that the course of conduct was reasonable in all the circumstances; ( b ) that the course of conduct was pursued under any written law or rule of law or to comply with any condition or requirement imposed by any person under any written law; ( c ) that the course of conduct was lawfully done under a duty or power under any written law for the purpose of preventing or detecting crime; or ( d ) that the course of conduct was done on behalf of the Government and was necessary for the purposes of national security, national defence or the conduct of international relations. [17/2019] (8) If any dispute arises as to whether any act falls within paragraph ( d ) of subsection (7), a certificate issued under the hand of the Minister responsible for national security, or for national defence or for the conduct of international relations (as the case may be), stating that in the Minister’s opinion any act done by a specified individual or specified entity on a specified occasion falls within that paragraph is conclusive evidence that the act falls within that paragraph. [17/2019] (9) A document purporting to be a certificate issued pursuant to subsection (8) and to be issued under the hand of the Minister shall be received in evidence and, unless the contrary is proved, be treated as being such a certificate. (10) In this section, “course of conduct” means conduct — ( a ) on one occasion, if — (i) the conduct is protracted; or (ii) the accused has a previous conviction under this section in respect of the same victim; or ( b ) on 2 or more occasions in any other case. Illustration Y surreptitiously plants a camera in X’s apartment. Unknown to X, the camera continuously transmits live videos of X in X’s apartment and Y watches the videos continually over several days. Y’s conduct is protracted. [17/2019]


document_id: pha-2014
provision_ref: s8
chapter: PART 2 - OFFENCES
section: 8
title: Enhanced penalty for subsequent offence
content:
8. —(1) An individual or entity that is convicted (whether before, on or after 15 November 2014) of any offence under the repealed section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 in force before that date or who is convicted of any offence under section 17C(2) of the Private Security Industry Act 2007 * or under section 3, 4, 5, 6 or 7 shall, on a subsequent conviction — ( a ) for an offence under section 3, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; ( b ) for an offence under section 4, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; ( c ) for an offence under section 5, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; ( d ) for an offence under section 6, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and ( e ) for an offence under section 7, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [17/2019] [Act 29 of 2021 wef 01/05/2022] [*Updated to be consistent with the 2020 Revised Edition] (2) An individual or entity that is convicted (whether before, on or after 1 January 2020) of an offence under section 10 shall, on a subsequent conviction for an offence under section 10 that is committed on or after that date, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [17/2019]


document_id: pha-2014
provision_ref: s8A
chapter: PART 2 - OFFENCES
section: 8A
title: Enhanced penalty for offence against vulnerable person
content:
8A. —(1) This section applies where an individual or entity (called in this section the offender) is convicted of any of the following offences relating to a victim who is a vulnerable person and the enhanced penalty under section 8 does not apply to that conviction: ( a ) an offence under section 3, 4, 5 or 7 that is committed on or after 1 January 2020 against such a victim; ( b ) an offence under section 10 that is committed on or after 1 January 2020 for failure to comply with an order given in respect of such a victim of a contravention of section 3, 4, 5 or 7. [17/2019] (2) The court may sentence the offender to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence, if at the time of committing the offence the offender knew or ought reasonably to have known that the victim was a vulnerable person. [27/2018; 17/2019] (2A) This section does not apply where the offender proves that despite being a vulnerable person, the victim was capable of protecting himself or herself from the offender in respect of the harm caused by the offence in the same manner as an ordinary person who is not a vulnerable person. [17/2019] (3) In this section — “abuse” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018; “harm” means — ( a ) any physical harm; ( b ) harassment, alarm or distress; or ( c ) being caused to believe that unlawful violence will be used against the victim; “neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018; “self-neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018; “vulnerable person” means an individual who is, by reason of mental or physical infirmity, disability or incapacity, substantially unable to protect himself or herself from abuse, neglect or self‑neglect. [17/2019]


document_id: pha-2014
provision_ref: s8B
chapter: PART 2 - OFFENCES
section: 8B
title: Enhanced penalty for offence against victim in intimate relationship with offender
content:
8B. —(1) This section applies where an offender ( A ) is convicted of — ( a ) an offence under section 3, 4, 5 or 7 that is committed on or after 1 January 2020 against a victim who was or is in an intimate relationship with A ; or ( b ) an offence under section 10 that is committed on or after 1 January 2020 for failure to comply with an order given in respect of a victim of a contravention of section 3, 4, 5 or 7 who was or is in an intimate relationship with A , and the enhanced penalty under section 8 does not apply to that conviction. [17/2019] (2) The court may sentence A to punishment not exceeding twice the maximum punishment that the court could impose for the offence under section 3, 4, 5, 7 or 10 (as the case may be), if at the time of committing the offence A knew or ought reasonably to have known that the victim ( B ) was or is in an intimate relationship with A . [17/2019] (3) In this section, the court may determine whether B was or is in an intimate relationship with A having regard to all the circumstances of the case, including the following: ( a ) whether A and B are living in the same household, although it is not necessary that they live in the same household; ( b ) whether A and B share the tasks and duties of their daily lives; ( c ) whether A and B have made arrangements to share expenses or financial support and the degree of financial dependence or interdependence between A and B ; ( d ) whether there is a sexual relationship between A and B , although it is not necessary that there be a sexual relationship between them; ( e ) whether A and B share the care and support of a specific person below 21 years of age; ( f ) whether A and B conduct themselves toward their friends, relatives or other persons as parties to an intimate relationship, and whether A and B are so treated by their friends, relatives or other persons. [17/2019] (4) Subsection (2) does not apply where A proves that, despite A having been or being in an intimate relationship with B , the relationship between A and B did not adversely affect B ’s ability to protect B from A in respect of the harm caused by the offence. [17/2019] (5) In subsection (4), “harm” means — ( a ) any physical harm; ( b ) harassment, alarm or distress; or ( c ) being caused to believe that unlawful violence will be used against the victim. [17/2019]


document_id: pha-2014
provision_ref: s8C
chapter: PART 2 - OFFENCES
section: 8C
title: Application of sections 8A and 8B
content:
8C. Where sections 8A and 8B are both applicable to enhance the punishment for an offence — ( a ) the punishment for that offence shall not be enhanced by the application of more than one section; and ( b ) the court may determine which section should apply to enhance the punishment. [17/2019]


document_id: pha-2014
provision_ref: s9
chapter: PART 2 - OFFENCES
section: 9
title: Community order
content:
9. A court has, upon the conviction of any person for any offence under section 3, 4, 5, 6, 7 or 10, the power to make a community order under Part 17 of the Criminal Procedure Code 2010 despite any provision to the contrary in section 337(1)( h ) of that Code. [17/2019]


document_id: pha-2014
provision_ref: s10
chapter: PART 2 - OFFENCES
section: 10
title: Contravention of certain orders
content:
10. —(1) An individual or entity that, without reasonable excuse, fails to comply with an order made under — ( a ) section 12(2) or (2E); or ( b ) section 13(1) or (1B), (except any provision mentioned in section 12(2B)( c ), or any requirement mentioned in section 12(3) relating to that provision) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [17/2019] (1A) In proceedings for an offence under subsection (1), an accused is presumed, until the contrary is proved, to have knowledge of the terms of an order made under this Act at and after the time when the order takes effect. [17/2019] (2) Subject to subsection (3), subsection (1) does not affect the powers of the court in relation to the punishment for contempt of court. (3) Where a person is convicted of an offence under subsection (1) in respect of any non‑compliance with an order, that non‑compliance is not punishable as a contempt of court. (4) A person cannot be convicted of an offence under subsection (1) in respect of any non‑compliance with an order which has been punished as a contempt of court.


document_id: pha-2014
provision_ref: s11
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 11
title: Action for statutory tort
content:
11. —(1) The victim under section 3, 4, 5 or 7 may bring civil proceedings in a court against any individual or entity alleged to have contravened that section in relation to the victim (called in this section the respondent). [17/2019] (2) In such proceedings, if the court is satisfied on the balance of probabilities that the respondent has contravened that section as alleged by the victim, the court may award such damages in respect of the contravention as the court may, having regard to all the circumstances of the case, think just and equitable.


document_id: pha-2014
provision_ref: s12
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 12
title: Protection order
content:
12. —(1) Subject to subsection (9), the victim of an alleged contravention of section 3, 4, 5, 6 or 7 may make an application to a court for a protection order. [17/2019] (2) A court may, if it is just and equitable in the circumstances to do so, make a protection order against any individual or entity alleged to have contravened section 3, 4, 5, 6 or 7 in respect of the victim (called in this section the respondent) if it is satisfied on the balance of probabilities that — ( a ) the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim; and ( b ) the respondent is likely to continue that contravention or to commit another contravention of section 3, 4, 5, 6 or 7 in respect of the victim. [17/2019] (2A) For the purposes of subsection (2)( a ), a court is deemed to be satisfied on the balance of probabilities that the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim if — ( a ) the respondent has been convicted of that offence, or any offence specified in the Schedule, in respect of the victim; or ( b ) the court is satisfied on the balance of probabilities that the respondent has voluntarily caused hurt (within the meaning given by section 321 of the Penal Code 1871) to the victim. [17/2019] (2B) A protection order under subsection (2) may provide for all or any of the following: ( a ) prohibit the respondent from doing any thing in relation to the victim or any related person of the victim, as may be specified in the order; ( b ) if the likely contravention or likely continuing contravention of section 3, 4, 5, 6 or 7 mentioned in subsection (2)( b ) involves an offending communication, require the respondent to stop publishing (before a specified time) the offending communication or to not publish any communication that is substantially similar to the offending communication; ( c ) refer the respondent, the victim or a related person of the victim (or 2 or more of them) to attend counselling or mediation provided by such body as the court may direct. [17/2019] (2C) To avoid doubt, a protection order may, under subsection (2B)( a ), grant the right of exclusive occupation to the victim of the shared residence or a specified part of the shared residence by excluding the respondent from that shared residence or a specified part of the shared residence, whether or not the shared residence is solely owned or leased by the respondent or jointly owned or leased by the respondent and the victim. [17/2019] (2D) Except so far as the exercise by the respondent of a right to the shared residence is suspended or restricted, or prohibited or restrained, by virtue of an order made under subsection (2C), the order does not affect any title or interest that the respondent or any other person might have in the residence. [17/2019] (2E) In addition, where a court is satisfied on the balance of probabilities that — ( a ) the respondent’s contravention involves an offending communication; and ( b ) any other individual or entity (called in this section a third party) is likely to publish, or continue to publish, the offending communication or any communication that is substantially similar to the offending communication, the court may, if it is just and equitable in the circumstances to do so, make a protection order requiring any third party to stop publishing, by a specified time, or to not publish the offending communication or any communication that is substantially similar to the offending communication. [17/2019] (2F) Where a court is satisfied on the balance of probabilities that — ( a ) the respondent’s contravention involves an offending communication; and ( b ) the respondent or a third party has published, or is likely to publish or continue to publish, the offending communication by means of an internet intermediary service provided by an internet intermediary, the court may also, if it is just and equitable in the circumstances to do so, make a protection order requiring the internet intermediary to disable access by end‑users of the service in Singapore, within a specified time, to — ( c ) the offending communication; or ( d ) in the case of a prescribed internet intermediary — (i) the offending communication; or (ii) any identical copy of the offending communication. [17/2019] (3) A protection order under subsection (2), (2E) or (2F) may also include any requirement necessary for or incidental to the proper carrying into effect of the order. [17/2019] (4) A protection order may be made subject to such exceptions or conditions as may be specified in the order. (5) An order under this section takes effect in respect of a relevant party — ( a ) when the order is served on the relevant party in such manner as may be prescribed; ( b ) where the court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by the court; or ( c ) at such later time as the court may specify. [17/2019] (6) Subject to subsection (7), a protection order ceases to have effect after such period as the court may specify in the order. [17/2019] (7) The court may, on the application of the victim or a relevant party, vary, suspend or cancel the protection order or extend the duration of the protection order. [17/2019] (8) [ Deleted by Act 17 of 2019 ] (9) For the purposes of this section and section 13, the victim of any contravention of section 3 includes only the person to whom the respondent intended to cause harassment, alarm or distress, and not any other person harassed, alarmed or distressed by that contravention. (10) In this section and section 13, “third party” excludes any individual or entity that is likely to publish, or continue to publish, a communication mentioned in subsection (2E) merely by the provision of — ( a ) an internet intermediary service; ( b ) a telecommunication service; ( c ) a service of giving the public access to the internet; or ( d ) a computing resource service. Illustration Following from Illustration ( b ) under section 4, Y’s mother may apply for a protection order prohibiting X from gathering with others outside her home and from threatening Y at any location. [17/2019]


document_id: pha-2014
provision_ref: s13
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 13
title: Expedited protection order
content:
13. —(1) Where, upon an application for a protection order under section 12(2), the court is satisfied that — ( a ) there is prima facie evidence that — (i) the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim; (ii) the contravention referred to in sub‑paragraph (i) is likely to continue, or the respondent is likely to commit a contravention of section 3, 4, 5, 6 or 7 in respect of the victim imminently; and (iii) the contravention referred to in sub‑paragraph (ii), if continued or committed, is likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and ( b ) it is just and equitable in all the circumstances for the protection order to be made on an expedited basis, the court may, subject to section 21(1), make an expedited protection order providing any thing that may be provided in an order under section 12(2). [17/2019] (1A) For the purposes of subsection (1)( a )(i), the court is deemed to be satisfied that there is prima facie evidence that the respondent has contravened section 3, 4, 5, 6 or 7 in respect of a victim if — ( a ) the respondent has been convicted of an offence under section 3, 4, 5, 6 or 7, or an offence specified in the Schedule, in respect of the victim; or ( b ) the court is satisfied that there is prima facie evidence that the respondent has voluntarily caused hurt (within the meaning given by section 321 of the Penal Code 1871) to the victim. [17/2019] (1B) A court may, on an application for a protection order under section 12(2E), make an expedited protection order against a third party providing any thing that may be provided in a protection order under section 12(2E), if the court is satisfied that — ( a ) there is prima facie evidence that — (i) the respondent’s alleged contravention involves an offending communication; and (ii) the publication of the offending communication or any communication that is substantially similar to the offending communication by any third party mentioned in that subsection is — (A) imminent or likely to continue; and (B) likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and ( b ) it is just and equitable in the circumstances to make the protection order on an expedited basis. [17/2019] (1C) A court may, on an application for a protection order under section 12(2F), make an expedited protection order against an internet intermediary providing any thing that may be provided in a protection order under section 12(2F), if the court is satisfied that — ( a ) there is prima facie evidence that — (i) the respondent’s alleged contravention involves an offending communication; and (ii) the publication of the offending communication by the respondent or the third party mentioned in section 12(2F) is — (A) imminent or is likely to continue; and (B) likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and ( b ) it is just and equitable in the circumstances to make the protection order on an expedited basis. [17/2019] (2) Subsections (1), (1B) and (1C) apply even if the notice of the application has not been served on the relevant party or has not been served on the relevant party within a reasonable time before the hearing of the application. [17/2019] (2A) An expedited protection order takes effect in respect of the relevant party — ( a ) when the order is served on the relevant party in such manner as may be prescribed; ( b ) where the court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by the court; or ( c ) at such later time as the court may specify. [17/2019] (3) An expedited protection order ceases to have effect at the earlier of the following times: ( a ) when the application for a protection order mentioned in subsection (1) is determined or discontinued; ( b ) when the expedited protection order is suspended or cancelled. [17/2019] (3A) A court may vary, suspend or cancel the expedited protection order or extend the duration of the expedited protection order, on the application of — ( a ) the victim; ( b ) the relevant party; or ( c ) if the order requires an internet intermediary to disable access to a third party’s communication, that third party. [17/2019] (3B) The respondent must not make an application under subsection (3A) (to vary, suspend or cancel an expedited protection order) more than 28 days after the date the expedited protection order takes effect under subsection (2A), unless the court grants the respondent permission to do so. [17/2019] [Act 25 of 2021 wef 01/04/2022] (4) Section 12(4) applies, with the necessary modifications, to an expedited protection order. [17/2019] (5) There is no appeal against a decision of the court made under this section. [Act 31 of 2022 wef 01/11/2022]


document_id: pha-2014
provision_ref: s13A
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 13A
title: Referral for investigation by police when expedited protection order made
content:
13A. —(1) When a court makes, on or after 1 June 2021, an expedited protection order under section 13 against the respondent, the court must — ( a ) consider if a criminal investigation into whether the respondent has committed an offence under section 3, 4, 5, 6 or 7 is warranted; and ( b ) if it is satisfied that such a criminal investigation is warranted, refer the matter to a police officer for investigation. [17/2019] (2) Where a court refers a matter for investigation under subsection (1), the court may stay any Part 3 proceedings (except civil proceedings under section 13) that involve the same victim and the same respondent, until — ( a ) the end of that investigation; or ( b ) if criminal proceedings are instituted as a result of that investigation, the end of those criminal proceedings. [17/2019] (3) This section and any decision of the court under this section does not affect any ability of the court to do the following at any stage of proceedings: ( a ) consider if a criminal investigation into whether the respondent has committed an offence under section 3, 4, 5, 6 or 7 is warranted; ( b ) refer any matter to a police officer for investigation. [17/2019] (4) Without affecting the court’s discretion to consider any other factors, the Minister may, by order in the Gazette , prescribe factors that a court must take into account in considering, under subsection (1)( a ) if a criminal investigation is warranted. [17/2019] (5) There is no appeal against the decision of a court under this section. [17/2019]


document_id: pha-2014
provision_ref: s13B
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 13B
title: Mandatory treatment order where protection order made
content:
13B. —(1) Where a court makes a protection order under section 12(2), the court may, on the application of the victim or on its own initiative, make a mandatory treatment order requiring the respondent to undergo psychiatric treatment for a period not exceeding 36 months. [17/2019] (2) A mandatory treatment order may also require the respondent to reside in a psychiatric institution during the whole or a specified part of the period that the respondent is required to undergo psychiatric treatment. [17/2019] (3) Before making a mandatory treatment order against a respondent, the court must — ( a ) have reasonable grounds to believe that — (i) the respondent is likely to be suffering from a psychiatric condition; and (ii) that psychiatric condition is likely to be a contributing factor for the respondent’s contravention that formed the basis for making the protection order against the respondent; and ( b ) call for a formal assessment report in respect of the respondent by an appointed psychiatrist. [17/2019] (4) In making a determination under subsection (3)( a ), the court — ( a ) may call for a preliminary assessment report by a specified psychiatrist; and ( b ) must consider any matter prescribed by regulations made under section 20. [17/2019] (5) There is no appeal against any decision of the court under this section to call for or not to call for a preliminary assessment report. [17/2019] (6) For the purpose of obtaining a preliminary assessment report from a specified psychiatrist in respect of a respondent, the court may order the respondent to attend before the specified psychiatrist at such times and places as the specified psychiatrist may require. [17/2019] (7) For the purpose of obtaining a formal assessment report from an appointed psychiatrist in respect of a respondent, the court may order the respondent to — ( a ) reside in a psychiatric institution for observation for one or more periods (each not exceeding 3 weeks) as the court thinks fit; or ( b ) attend before the appointed psychiatrist at a psychiatric institution at such times as the appointed psychiatrist may require. [17/2019] (8) A court must not make a mandatory treatment order in respect of a respondent unless the formal assessment report in respect of the respondent certifies that — ( a ) the respondent is suffering from a psychiatric condition that is susceptible to treatment; ( b ) the respondent is suitable for the treatment; and ( c ) the psychiatric condition is a contributing factor for the respondent’s contravention that formed the basis for making the protection order against the respondent. [17/2019] (9) A court must not make a mandatory treatment order in respect of a respondent if the formal assessment report in respect of the respondent certifies that the appointed psychiatrist is not satisfied as to any of the matters mentioned in subsection (8)( a ), ( b ) or ( c ). [17/2019] (10) In assessing whether a respondent is a person suitable for treatment for the respondent’s psychiatric condition, the appointed psychiatrist may take into account the following factors: ( a ) whether the respondent is likely to attend the treatment sessions at such time and place as the appointed psychiatrist may require; ( b ) the physical and mental state of the respondent; ( c ) the respondent’s financial standing and ability to pay all or any part of the costs of the treatment that it is reasonable for the respondent to pay. [17/2019] (11) Where a court calls for a formal assessment report in respect of a respondent, the respondent may submit any report by another psychiatrist, engaged by the respondent, to the appointed psychiatrist not later than — ( a ) the end of a period of 3 weeks after the date the court calls for the formal assessment report; or ( b ) such later time as the court may allow. [17/2019] (12) Before making a formal assessment report, the appointed psychiatrist must take into consideration any report submitted by the respondent under subsection (11). [17/2019] (13) Any report by the appointed psychiatrist is to be taken to be final and conclusive as to the matters mentioned in subsection (8)( a ), ( b ) and ( c ). [17/2019] (14) The court must extend to the respondent or the respondent’s advocate a copy of every preliminary assessment report and formal assessment report made in respect of the respondent. [17/2019] (15) A court may include the requirement in subsection (2) in a mandatory treatment order only on the recommendation of the appointed psychiatrist. [17/2019] (16) A court may impose such conditions as the court thinks fit when making a mandatory treatment order. [17/2019] (17) Before making a mandatory treatment order, the court must explain to the respondent in ordinary language — ( a ) the purpose and effect of the order, and in particular the obligations of the respondent as specified in subsection (21); ( b ) the consequences which may follow if the respondent fails to comply with any of those obligations, or any conditions of the order; and ( c ) that the court has the power, under subsection (18), to vary or revoke the order on the application of the appointed psychiatrist. [17/2019] (18) The court may, on the application of the appointed psychiatrist and whether or not the respondent has failed to comply with subsection (21) — ( a ) vary a mandatory treatment order (including reducing or extending the period that the respondent has to undergo psychiatric treatment) or the conditions of the order in such manner as the court thinks just and expedient in the circumstances; or ( b ) after taking into account the extent to which the respondent has complied with the order, revoke the order. [17/2019] (19) The court may vary or revoke a mandatory treatment order under subsection (18) if such variation or revocation is justified in view of — ( a ) any change of the circumstances after the order was made; or ( b ) the progress the respondent has made in the treatment. [17/2019] (20) Where, under subsection (18)( a ), a court extends the period that the respondent has to undergo psychiatric treatment under a mandatory treatment order, the period of psychiatric treatment must not exceed 36 months from the date the order is first in force. [17/2019] (21) A respondent in respect of whom a mandatory treatment order is in force must — ( a ) attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require; ( b ) comply with all other conditions in connection with the respondent’s treatment as the appointed psychiatrist may require; and ( c ) comply with all other conditions or requirements of the order. [17/2019] (22) The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order. [17/2019] (23) To avoid doubt, failure to comply with subsection (21) or disobedience with or breach of an order under subsection (6) or (7), if intentional, is a contempt of court. [17/2019] (24) In this section — “appointed psychiatrist” means a psychiatrist appointed by the Director‑General of Health for the purposes of this section; [Act 11 of 2023 wef 01/05/2023] “specified psychiatrist” means a psychiatrist specified by the court calling for a preliminary assessment report under subsection (4)( a ). [17/2019] (25) To avoid doubt, this section does not apply to any criminal proceedings or affect the application of section 339 of the Criminal Procedure Code 2010 in criminal proceedings. [17/2019]


document_id: pha-2014
provision_ref: s14
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 14
title: No civil action for common law tort of harassment
content:
14. —(1) The common law tort of harassment is, to avoid doubt, declared to be abolished and no civil proceedings may be brought for the tort of harassment except under this Act. (2) Nothing in subsection (1) prevents the commencement of proceedings for any act or conduct which occurred before 15 November 2014. Division 2 &#x2014; Orders relating to
false statements


document_id: pha-2014
provision_ref: s15
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 15
title: General provisions applicable to orders under sections 15A to 15E
content:
15. —(1) This section applies to the following orders: ( a ) a stop publication order; ( b ) a correction order; ( c ) a disabling order; ( d ) a targeted correction order; ( e ) a general correction order. [17/2019] (2) An order mentioned in subsection (1) takes effect in respect of a relevant party — ( a ) when the order is served on the relevant party in such manner as may be prescribed; ( b ) where a court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by a court; or ( c ) at such later time as a court may specify. [17/2019] (3) An order mentioned in subsection (1) may be made in respect of a false statement of fact even if the false statement has been amended or has ceased to be published. [17/2019] (4) An order mentioned in subsection (1) may — ( a ) be made against a relevant party whether or not the relevant party is in or outside Singapore, is incorporated or established in or outside Singapore, or has its management or control in or outside Singapore; and ( b ) require a relevant party to do or refrain from doing an act in or outside Singapore. [17/2019] (5) A court may vary, suspend or cancel an order mentioned in subsection (1), on the application of — ( a ) the subject or the author of the false statement; ( b ) the relevant party; or ( c ) an individual or entity that published the relevant statement to which the order relates. [17/2019] (6) An order mentioned in subsection (1) ceases to have effect — ( a ) during any period when the order is suspended under subsection (5); and ( b ) when the order expires, or is cancelled under subsection (5). [17/2019]


document_id: pha-2014
provision_ref: s15A
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 15A
title: Stop publication order
content:
15A. —(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section the relevant statement), make a stop publication order against any individual or entity (called in this section the respondent), if — ( a ) the court is satisfied on the balance of probabilities that — (i) the respondent has published the relevant statement; and (ii) the relevant statement is a false statement of fact; and ( b ) it is just and equitable in the circumstances to make the stop publication order. [17/2019] (2) A stop publication order may be made against a respondent even if the respondent does not know or have reason to believe that the relevant statement is false. [17/2019] (3) A stop publication order may require the respondent or any other individual or entity to stop publishing the relevant statement, and not to publish any substantially similar statement, by a specified time. [17/2019] (4) In this section — ( a ) “specified” means specified in the stop publication order; and ( b ) the respondent or any other individual or entity does not publish a statement merely by doing any act for the purpose of, or that is incidental to, the provision of — (i) an internet intermediary service; (ii) a telecommunication service; (iii) a service of giving the public access to the internet; or (iv) a computing resource service. [17/2019]


document_id: pha-2014
provision_ref: s15B
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 15B
title: Correction order
content:
15B. —(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section a relevant statement), make a correction order against an individual or entity (called in this section the respondent), if — ( a ) the court is satisfied on the balance of probabilities that — (i) the respondent has published the relevant statement; and (ii) the relevant statement is a false statement of fact; and ( b ) it is just and equitable in the circumstances to make the correction order. [17/2019] (2) A correction order may be made against a respondent even if the respondent does not know or have reason to believe that the relevant statement is false. [17/2019] (3) A correction order may require the respondent to publish in Singapore a correction notice, within a specified time — ( a ) to any specified person or description of persons; and ( b ) in a specified form and manner, which may include publication — (i) at a specified online location or in a specified newspaper or other printed publication of Singapore; or (ii) in specified proximity to every copy of the relevant statement, or of any substantially similar statement, that is published by the respondent. [17/2019] (4) A correction notice must contain all or any of the following as may be specified in the correction order: ( a ) a statement, in such terms as may be specified, that the court has determined the relevant statement is false, or that such material as may be specified contains a false statement of fact; ( b ) a statement, in such terms as may be specified, correcting the false statement of fact, or a reference to a specified location where such a statement may be found. [17/2019] (5) In this section — ( a ) “specified” means specified in the correction order; and ( b ) the respondent does not publish a statement merely by doing any act for the purpose of, or that is incidental to, the provision of — (i) an internet intermediary service; (ii) a telecommunication service; (iii) a service of giving the public access to the internet; or (iv) a computing resource service. [17/2019]


document_id: pha-2014
provision_ref: s15C
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 15C
title: Disabling order
content:
15C. —(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section the relevant statement), make a disabling order against an internet intermediary (called in this section the respondent) if — ( a ) the court is satisfied on the balance of probabilities that — (i) any material consisting of or containing the relevant statement has been or is being published by means of an internet intermediary service provided by the respondent; and (ii) the relevant statement is a false statement of fact; and ( b ) it is just and equitable in the circumstances to make the disabling order. [17/2019] (2) A disabling order may require the respondent to disable access by end‑users of the internet intermediary service provided by the respondent in Singapore, within a specified time, to — ( a ) any specified material provided on or through the service that consists of or contains the relevant statement; and ( b ) where the respondent is a prescribed internet intermediary — the specified material mentioned in paragraph ( a ) or any identical copies of the specified material. [17/2019] (3) An end-user who accesses a part of any material is taken to access the material. [17/2019]


document_id: pha-2014
provision_ref: s15D
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 15D
title: Targeted correction order
content:
15D. —(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section the relevant statement), make a targeted correction order against an internet intermediary (called in this section the respondent) if — ( a ) the court is satisfied on the balance of probabilities that — (i) any material consisting of or containing the relevant statement has been or is being published by means of an internet intermediary service provided by the respondent; and (ii) the relevant statement is a false statement of fact; and ( b ) it is just and equitable in the circumstances to make the targeted correction order. [17/2019] (2) A targeted correction order may require the respondent to publish a targeted correction notice — ( a ) by means of the internet intermediary service, to all end‑users in Singapore who access any specified material provided on or through the service that consists of or contains the relevant statement from any specified time; and ( b ) where the respondent is a prescribed internet intermediary — by any means and by a specified time, to all end‑users in Singapore that the respondent knows had accessed the specified material mentioned in paragraph ( a ) or any identical copies of the specified material by means of the internet intermediary service. [17/2019] (3) A targeted correction notice must contain all or any of the following as may be specified in the targeted correction order: ( a ) a statement, in such terms as may be specified, that the court has determined the specified material consists of or contains a false statement of fact; ( b ) a statement, in such terms as may be specified, correcting the false statement of fact, or a reference to a specified location where the statement may be found. [17/2019] (4) An end-user who accesses a part of any material is taken to access the material. [17/2019]


document_id: pha-2014
provision_ref: s15E
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 15E
title: General correction order
content:
15E. —(1) A court may, on an application by the subject of an alleged false statement of fact (called in this section the relevant statement), make a general correction order against a prescribed individual or entity (called in this section the respondent), if — ( a ) the court is satisfied on the balance of probabilities that — (i) the relevant statement is a false statement of fact; and (ii) the publication of the relevant statement has caused or is likely to cause serious harm to the reputation of the subject; and ( b ) it is just and equitable in the circumstances to make the general correction order. [17/2019] (2) A general correction order may require the respondent to publish in Singapore a general correction notice within a specified time in a specified form and manner — ( a ) where the respondent is a prescribed holder of a permit under section 21 of the Newspaper and Printing Presses Act 1974 — in a specified newspaper or other printed publication, printed or published by the respondent; ( b ) where the respondent is a prescribed broadcasting licensee within the meaning of the Broadcasting Act 1994 — by a specified broadcasting service provided by the respondent; ( c ) where the respondent is a prescribed holder of a licence under section 5 of the Telecommunications Act 1999 — by a specified telecommunication system or service run by the respondent; ( d ) where the respondent is a prescribed internet intermediary — (i) by a specified internet intermediary service provided by the respondent; or (ii) to all end-users, or a specified class of end-users, in Singapore who use that internet intermediary service at any time after the general correction order is served; and ( e ) in any other case — by any specified means within the control of the respondent. [17/2019] (3) A general correction notice must contain all or any of the following as may be specified in the general correction order: ( a ) a statement, in such terms as may be specified, that the court has determined that the relevant statement is false; ( b ) a statement, in such terms as may be specified, correcting the false statement of fact, or a reference to a specified location where the statement may be found. (4) In this section, “specified” means specified in the general correction order. Illustrations ( a ) X publishes a false statement that Y, a lawyer, had misappropriated client moneys. As a result, Y’s clients terminate their contracts for Y’s services. Y has suffered serious harm to Y’s reputation. ( b ) X makes a false statement that Y, a married female, had committed adultery with multiple men. The statement is widely published on social media. Y has suffered serious harm to Y’s reputation. [17/2019]


document_id: pha-2014
provision_ref: s16
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16
title: General provisions applicable to interim orders
content:
16. —(1) Where an application by the subject of an alleged false statement of fact (called in this section and sections 16A, 16AA, 16B and 16BA a relevant statement) for an order mentioned in paragraph ( a ), ( b ), ( c ) or ( d ) is pending against a respondent in relation to that application, the subject may also apply for the interim order mentioned in that paragraph to be made against that respondent: ( a ) a stop publication order — an interim stop publication order or an interim notification order; ( b ) a correction order — an interim notification order; ( c ) a disabling order — an interim disabling order; ( d ) a targeted correction order — a targeted interim notification order. [17/2019] (2) Sections 16A and 16B apply despite any of the following: ( a ) that notice of the application has not been served on the respondent; ( b ) that notice of the application has not been served, within a reasonable time before the hearing of the application, on the respondent. [17/2019] (3) An interim order takes effect in respect of the respondent — ( a ) when the order is served on the respondent in such manner as may be prescribed; ( b ) where the court dispenses with the service of the order, when the service of the order on the respondent is dispensed with by the court; or ( c ) at such later time as the court may specify. [17/2019] (4) An interim order under this section may be made in respect of a relevant statement even if the statement has been amended or has ceased to be published in Singapore. [17/2019] (5) There is no appeal against a decision of the court in relation to an interim order under this section. [17/2019] (6) The court may vary, suspend or cancel an interim order under this section, on the application of — ( a ) the subject or author of the relevant statement; ( b ) the respondent; or ( c ) an individual or entity that published the relevant statement. [17/2019] (7) An interim order made under this section remains in effect until it expires, or is cancelled under subsection (6). [17/2019] (8) An interim order under this section may be made subject to such exceptions or conditions as may be specified in the order. [17/2019]


document_id: pha-2014
provision_ref: s16A
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16A
title: Interim stop publication order
content:
16A. —(1) A court may make an interim stop publication order against the respondent in relation to an application for a stop publication order if — ( a ) the court is satisfied that there is prima facie evidence that — (i) the respondent published or continues to publish the relevant statement; (ii) the relevant statement is a false statement of fact; and (iii) the publication of the relevant statement by the respondent has caused or is likely to cause the subject harm; and ( b ) it is just and equitable in the circumstances to make the stop publication order on an expedited basis. [17/2019] (2) Section 15A(2), (3) and (4) applies to an interim stop publication order as it applies to a stop publication order. [17/2019]


document_id: pha-2014
provision_ref: s16AA
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16AA
title: Interim disabling order
content:
16AA. —(1) A court may make an interim disabling order against the respondent in relation to an application for a disabling order if — ( a ) the court is satisfied that there is prima facie evidence that — (i) any material consisting of or containing the relevant statement (called in this section the specified material) has been or is being published by means of an internet intermediary service provided by the respondent; (ii) the relevant statement is a false statement of fact; and (iii) the publication of the specified material by means of the service has caused or is likely to cause the subject harm; and ( b ) it is just and equitable in the circumstances to make the disabling order on an expedited basis. [17/2019] (2) Section 15C(2) and (3) applies to an interim disabling order as it applies to a disabling order. [17/2019]


document_id: pha-2014
provision_ref: s16B
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16B
title: Interim notification order
content:
16B. —(1) A court may make an interim notification order against the respondent in relation to an application for a correction order or a stop publication order if — ( a ) the court is satisfied that there is prima facie evidence that — (i) the respondent published or continues to publish the relevant statement; (ii) the relevant statement is a false statement of fact; and (iii) the publication of the relevant statement by the respondent has caused or is likely to cause the subject harm; and ( b ) it is just and equitable in the circumstances to make the interim notification order. [17/2019] (2) An interim notification order may require the respondent to publish an interim notice, within a specified time — ( a ) to any specified person or description of persons; and ( b ) in a specified form and manner, which may include publication — (i) at a specified online location or in a specified newspaper or other printed publication of Singapore; or (ii) in specified proximity to every copy of the relevant statement, or of any substantially similar statement, that is published by the respondent. [17/2019] (3) An interim notice must — ( a ) state that there is a pending application for a correction order or a stop publication order or both (as the case may be) in respect of the relevant statement; and ( b ) be in such form and published in such manner as may be specified in the interim notification order. [17/2019] (4) Section 15B(2) and (5) applies to an interim notification order as it applies to a correction order. [17/2019]


document_id: pha-2014
provision_ref: s16BA
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16BA
title: Targeted interim notification order
content:
16BA. —(1) A court may make a targeted interim notification order against the respondent in relation to an application for a targeted correction order if — ( a ) the court is satisfied that there is prima facie evidence that — (i) any material consisting of or containing the relevant statement (called in this section the specified material) has been or is being published by means of an internet intermediary service provided by the respondent; (ii) the relevant statement is a false statement of fact; and (iii) the publication of the specified material by means of the service has caused or is likely to cause the subject harm; and ( b ) it is just and equitable in the circumstances to make the targeted interim notification order. [17/2019] (2) A targeted interim notification order may require the respondent to publish a targeted interim notice — ( a ) by means of the internet intermediary service to all end‑users in Singapore who access any specified material provided on or through the service that consists of or contains the false statement from any specified time; and ( b ) where the respondent is a prescribed internet intermediary — by any means and by a specified time, to all end‑users in Singapore that the respondent knows had accessed the specified material mentioned in paragraph ( a ) or any identical copies of the specified material by means of the internet intermediary service. [17/2019] (3) A targeted interim notice must — ( a ) state that there is a pending application for a targeted correction order in respect of the specified material; and ( b ) be in such form and published in such manner as may be specified in the targeted interim notification order. [17/2019] (4) An end-user who accesses a part of any material is taken to access the material. [17/2019]


document_id: pha-2014
provision_ref: s16BB
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16BB
title: Publication of notices
content:
16BB. —(1) A person who is required to publish any of the following notices must ensure that they are easily perceived: ( a ) a targeted correction notice; ( b ) a general correction notice; ( c ) a targeted interim notice. [17/2019] (2) Subject to subsection (3), a notice is easily perceived if — ( a ) a notice (not being an audio recording) is conspicuous, regardless of the type of platform or device used by the end‑user or viewer; Illustration A notice that is in a text form is conspicuous if it is sufficiently differentiated from the background and is of a reasonable type size compared to the rest of the text on the same page. ( b ) the notice is easy to read, view or listen to, and not easy to miss; Illustrations ( a ) Where the notice is an audio recording, it is easy to listen to it if it is in a volume and cadence sufficient for it to be heard and understood. ( b ) Where the notice is a video recording or a dynamic display, it is easy to view if it appears for a duration sufficient for it to be viewed and understood. ( c ) A notice that is in a text form or the form of a video recording or dynamic display is easy to miss if it is contained in a pop-up window, insofar as access to it may be easily disabled. ( c ) the notice (not being an audio recording) is placed near the subject statement (where relevant), and in a location where end-users or viewers are likely to look; or ( d ) the end-user is required to access another online location in order to comprehend the notice. Illustration An example of such requirement is the mere provision of a hyperlink to the notice or a part of it. [17/2019] (3) For the purposes of this section, without limiting the manner of complying with subsection (1), a notice is taken to be easily perceived if the notice is published in accordance with such measures as may be prescribed by regulations made under section 20 (called in this section the prescribed measures). [17/2019] (4) The measures required to be taken under a targeted correction order, general correction order or targeted interim notification order must not be inconsistent with the prescribed measures. [17/2019] Division 3 &#x2014; General


document_id: pha-2014
provision_ref: s16C
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16C
title: Person who may appeal
content:
16C. The persons who may appeal against a decision made by any court in relation to the following orders are — ( a ) in the case of a protection order — (i) the applicant for the order; (ii) the relevant party in relation to the order; or (iii) if the protection order requires an internet intermediary to disable access to a third party’s communication, that third party; ( b ) in the case of a mandatory treatment order — (i) the applicant for the order; or (ii) the respondent; and ( c ) in the case of a stop publication order, a correction order, a disabling order, a targeted correction order or a general correction order — (i) the applicant for the order; (ii) the relevant party in relation to the order; (iii) the author of the relevant statement to which the order relates; or (iv) an individual or entity that published the relevant statement to which the order relates. [17/2019]


document_id: pha-2014
provision_ref: s16CA
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16CA
title: Costs
content:
16CA. When granting a general correction order in respect of a false statement of fact, the court may order that the whole or any part of the costs reasonably incurred by a prescribed person or prescribed internet intermediary in complying with the order be paid by any of the following: ( a ) the author of the false statement of fact, if the author authorised or caused that statement to be published; ( b ) any person or entity that intentionally published the false statement of fact or any material consisting of or containing the false statement of fact; ( c ) the subject who applied for the order. [17/2019]


document_id: pha-2014
provision_ref: s16CB
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16CB
title: Service of orders
content:
16CB. An order made under this Act may be served by such means as may be prescribed by Rules of Court made under section 19 or, where applicable, the Family Justice Rules made under section 19A. [17/2019]


document_id: pha-2014
provision_ref: s16D
chapter: PART 3 - CIVIL ACTIONS AND ORDERS
section: 16D
title: Compliance with orders
content:
16D. —(1) A relevant party must comply with an order under this Part within the specified time despite — ( a ) any contrary duty or obligation under any written law or rule of law, any contract or any rule of professional conduct applicable to the relevant party; and ( b ) any costs of complying with the order being owed to the relevant party. [17/2019] (2) No civil or criminal liability is incurred by a relevant party, or an officer, employee or agent of the relevant party, for doing or omitting to do any act, if the act or omission is done — ( a ) with reasonable care and in good faith; and ( b ) for the purpose of complying with or giving effect to an order made under Division 1 or 2 against that relevant party. [17/2019] (3) Subsection (2) does not apply to the respondent of a protection order made under section 12(2), or of an expedited protection order under section 13(1) in relation to a protection order under section 12(2). [17/2019] (4) Subject to section 10(3), disobedience or breach of an order made under this Part, if intentional, is a contempt of court. [17/2019]


document_id: pha-2014
provision_ref: s16E
chapter: PART 3A - PROTECTION FROM HARASSMENT COURT
section: 16E
title: Protection from Harassment Court
content:
16E. —(1) The Presiding Judge of the State Courts may — ( a ) designate one or more District Courts as Protection from Harassment Courts; and ( b ) designate so many District Judges, as may be necessary, as Protection from Harassment Court Judges. [17/2019] (2) A Protection from Harassment Court is to be presided over by a Protection from Harassment Court Judge designated under subsection (1)( b ). [17/2019]


document_id: pha-2014
provision_ref: s16F
chapter: PART 3A - PROTECTION FROM HARASSMENT COURT
section: 16F
title: Jurisdiction, powers and duties of Registrar
content:
16F. Subject to this Act and any other written law, the Registrar has such jurisdiction, powers and duties as may be prescribed by Rules of Court. [17/2019]


document_id: pha-2014
provision_ref: s16G
chapter: PART 3A - PROTECTION FROM HARASSMENT COURT
section: 16G
title: Jurisdiction of Protection from Harassment Court
content:
16G. A Protection from Harassment Court has all the civil jurisdiction and criminal jurisdiction of a District Court. [17/2019]


document_id: pha-2014
provision_ref: s16H
chapter: PART 3A - PROTECTION FROM HARASSMENT COURT
section: 16H
title: Application of other written laws to Protection from Harassment Court
content:
16H. Subject to this Act, and except as otherwise provided in any regulations made under section 20 — ( a ) the provisions of the State Courts Act 1970 apply to the Protection from Harassment Courts; ( b ) unless the context otherwise requires, any reference in any written law to a District Court or a State Court includes a reference to a Protection from Harassment Court; and ( c ) unless the context otherwise requires, any reference in any written law to a District Judge or a judicial officer includes a reference to a Protection from Harassment Court Judge. [17/2019]


document_id: pha-2014
provision_ref: s16I
chapter: PART 3A - PROTECTION FROM HARASSMENT COURT
section: 16I
title: Commencement of Part 3 proceedings
content:
16I. —(1) Subject to subsection (2), any Part 3 proceedings that may be heard and determined by a Protection from Harassment Court must in the first instance be commenced in a Protection from Harassment Court. [17/2019] (2) Despite subsection (1) — ( a ) a claim under section 11 may be commenced in the first instance in a Magistrate’s Court or the General Division of the High Court; ( b ) Part 3 proceedings may be commenced in the first instance in a District Court (other than the Protection from Harassment Court); and ( c ) Part 3 proceedings (except any Part 3 proceedings involving any claim under section 11) may be commenced in the first instance in a Family Court, in which any related proceeding is pending, with the permission of that court. [17/2019; 40/2019] [Act 25 of 2021 wef 01/04/2022] (3) A court may grant permission under subsection (2) only if it is just, expeditious and economical for the disposal of the Part 3 proceedings, for the Part 3 proceedings to be commenced in that court. [17/2019] [Act 25 of 2021 wef 01/04/2022] (4) Civil proceedings (other than Part 3 proceedings) may be commenced in the first instance in a Protection from Harassment Court only if those civil proceedings are — ( a ) related to any Part 3 proceedings that have been or will be commenced in the Protection from Harassment Court; and ( b ) commenced in the Protection from Harassment Court on or after the commencement of the related Part 3 proceedings. [17/2019] (5) Civil proceedings may, under this section, be commenced in a court only if the civil proceedings are within the civil jurisdiction of that court. [17/2019] (6) In this section, proceedings are related to Part 3 proceedings if — ( a ) both of those proceedings involve any common issue of law or fact; or ( b ) the rights to relief claimed in both of those proceedings are in respect of the same conduct or course of conduct. [Act 31 of 2022 wef 01/11/2022]


document_id: pha-2014
provision_ref: s16J
chapter: PART 3A - PROTECTION FROM HARASSMENT COURT
section: 16J
title: Transfer of Part 3 proceedings
content:
16J. —(1) A District Court (other than the Protection from Harassment Court) may, on the application of any party or on the District Court’s own initiative, order that any Part 3 proceedings or related civil proceedings (or both) pending in the District Court or a Magistrate’s Court be transferred to the Protection from Harassment Court, if there is sufficient reason to do so. [17/2019] (2) A Family Court may, on the application of any party or on the Family Court’s own initiative, order that any Part 3 proceedings pending in the Family Court be transferred to the Protection from Harassment Court, if there is sufficient reason to do so. [17/2019] (3) A Protection from Harassment Court may, on the application of any party or on the Court’s initiative, if it is just, expeditious and economical for the disposal of the Part 3 proceedings, transfer — ( a ) any claim under section 11 that is pending in the Protection from Harassment Court to a Magistrate’s Court in which any related civil proceeding is pending; ( b ) any Part 3 proceedings that are pending in the Protection from Harassment Court to a District Court in which any related civil proceeding is pending; or ( c ) any Part 3 proceedings (except any claim under section 11) that are pending in the Protection from Harassment Court to a Family Court in which any related family proceeding is pending. [17/2019] (4) A Protection from Harassment Court may, on the application of any party or on the Court’s initiative, transfer any civil proceedings (other than Part 3 proceedings) that are pending in the Protection from Harassment Court to a Magistrate’s Court or a District Court, if there is sufficient reason to do so. [17/2019] (5) Civil proceedings may, under this section, be commenced in or transferred to a court only if the civil proceedings are within the civil jurisdiction of that court. [17/2019] (6) In this section — ( a ) “family proceedings” has the meaning given by section 2(1) of the Family Justice Act 2014; and ( b ) proceedings are related to Part 3 proceedings if — (i) both of those proceedings involve any common issue of law or fact; or (ii) the rights to relief claimed in both of those proceedings are in respect of the same conduct or course of conduct. [17/2019] (7) Sections 54A and 54D of the State Courts Act 1970 do not apply to the transfer of any Part 3 proceedings. [17/2019] (8) This section does not affect any power of the General Division of the High Court to transfer proceedings to itself or to any other court under section 54B or 54C of the State Courts Act 1970 or any other law. [17/2019; 40/2019]


document_id: pha-2014
provision_ref: s17
chapter: PART 4 - GENERAL
section: 17
title: Application to person outside Singapore
content:
17. —(1) Without affecting the jurisdiction and power conferred under this Act or any other written law, the court has in the circumstances specified in subsections (2) to (6) — ( a ) jurisdiction to try any offence under section 3, 4, 5, 6 or 7 and impose the full punishment under this Act; and ( b ) jurisdiction to make any order under section 12 or 13 on the basis of a contravention of section 3, 4, 5, 6 or 7. (2) Where the victim under section 3, 4, 5 or 6 was outside Singapore when the accused or respondent (as the case may be) used the words or behaviour, made the communication or published the identity information, in contravention of any such section, the court has jurisdiction if the accused or respondent (as the case may be) was in Singapore when that accused or respondent used those words or behaviour, made that communication or published that identity information, as the case may be. [17/2019] (3) Where the accused or respondent (as the case may be) was outside Singapore when that accused or respondent used the words or behaviour, made the communication or published the identity information, in contravention of section 3, the court has jurisdiction if — ( a ) the victim of the contravention was in Singapore when the use of those words or behaviour, the making of that communication or that publication of identity information caused the victim harassment, alarm or distress; and ( b ) the accused or respondent (as the case may be) knew or had reason to believe that the victim of the contravention would be in Singapore at the time referred to in paragraph ( a ). [17/2019] (4) Where the accused or respondent (as the case may be) was outside Singapore when that accused or respondent used the words or behaviour, made the communication or published the identity information, in contravention of section 4, 5 or 6, the court has jurisdiction if — ( a ) the victim of the contravention was in Singapore when the victim heard, saw or otherwise perceived those words or behaviour, that communication or that identity information; and ( b ) the accused or respondent (as the case may be) knew or had reason to believe that the victim of the contravention would be in Singapore at the time referred to in paragraph ( a ). [17/2019] (5) Where the victim under section 7 was outside Singapore when any of the acts or omissions associated with unlawful stalking occurred in contravention of that section, the court has jurisdiction if the accused or respondent (as the case may be) was in Singapore when any of those acts or omissions occurred. [17/2019] (6) Where the accused or respondent (as the case may be) was outside Singapore when any of the acts or omissions associated with unlawful stalking occurred in contravention of section 7, the court has jurisdiction if — ( a ) the victim of the contravention was in Singapore when any of those acts or omissions occurred; and ( b ) the accused or respondent (as the case may be) knew or had reason to believe that the victim of the contravention was in Singapore at the time referred to in paragraph ( a ). [17/2019] (7) Without affecting the jurisdiction and power conferred under this Act or any other written law, the court has in the circumstances specified in subsections (8) and (9) jurisdiction to try any offence under section 10 for failure to comply with an order and impose the full punishment under this Act. (8) In the case of an order prohibiting the respondent from doing any thing in relation to the victim or to any related person specified in the order, where the victim or the related person was outside Singapore when the respondent did any thing prohibited by the order, the court has jurisdiction if the respondent was in Singapore when that respondent did that thing. [17/2019] (9) In the case of an order prohibiting the respondent from doing any thing in relation to the victim or to any related person specified in the order, the court has jurisdiction — ( a ) where the respondent was outside Singapore when that respondent failed to comply with an order prohibiting him or her from doing any thing in relation to the victim, if — (i) the victim was in Singapore when the thing done by the respondent in contravention of the order was heard, seen or otherwise perceived by the victim; and (ii) the respondent knew or had reason to believe that the victim would be in Singapore at the time referred to in sub‑paragraph (i); ( b ) where the respondent was outside Singapore when that respondent failed to comply with an order prohibiting him or her from doing any thing in relation to any related person specified in the order, if — (i) the related person was in Singapore when the thing done by the respondent in contravention of the order was heard, seen or otherwise perceived by the related person; and (ii) the respondent knew or had reason to believe that the related person would be in Singapore at the time referred to in sub‑paragraph (i); and ( c ) where the respondent was outside Singapore when that respondent failed to comply with an order prohibiting him or her from publishing or continuing to publish any communication, if — (i) the communication was heard, seen or otherwise perceived by a section of the public in Singapore; and (ii) the respondent knew or had reason to believe that communication would be heard, seen or otherwise perceived by a section of the public in Singapore. [17/2019] (10) In subsections (8) and (9) — ( a ) “victim”, in relation to an offence under section 10 for failure to comply with an order, means the victim under section 3, 4, 5, 6 or 7 (as the case may be) in whose favour the order was made; ( b ) “respondent”, in relation to an offence under section 10 for failure to comply with an order, means the person who is alleged to have failed to comply with the order in contravention of section 10; and ( c ) a reference to any thing done by the respondent includes any words or behaviour used or communication made by the respondent.


document_id: pha-2014
provision_ref: s18
chapter: PART 4 - GENERAL
section: 18
title: Power of arrest
content:
18. —(1) Any police officer may arrest without warrant any person offending in his or her view against any of the provisions of this Act, and take the person before a Magistrate’s Court to be dealt with according to law. [17/2019] (2) Any police officer may also arrest without warrant any person reasonably suspected of having committed an offence under section 10(1) in the circumstances prescribed in regulations made under section 20, and take that person before a Magistrate’s Court to be dealt with according to law. [17/2019]


document_id: pha-2014
provision_ref: s19
chapter: PART 4 - GENERAL
section: 19
title: Rules of Court
content:
19. —(1) The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court to regulate and prescribe the procedure and practice to be followed in respect of civil proceedings under this Act and in the Protection from Harassment Court. [17/2019] (2) Without affecting subsection (1), Rules of Court may be made for the following purposes: ( a ) to provide for expedited procedures; ( b ) to provide for any orders made under this Act to be published in a specified manner; ( c ) to empower the court to make any ancillary orders for the purposes of this Act; ( d ) in relation to proceedings for an order under section 12 or 13 or Division 2 of Part 3, where the name of any party to whom the order is intended to apply is unknown, for that party to be identified by an Internet location address, a website, a username or account, an electronic mail address or any other unique identifier; ( e ) to prescribe the persons who may bring civil proceedings under this Act on behalf of — (i) any victim mentioned in section 3, 4, 5, 6 or 7; or (ii) any subject mentioned in Division 2 of Part 3; ( f ) to provide for the costs (including disbursements) and fees of any civil proceedings under this Act, and for regulating any matter relating to the costs of such proceedings; ( g ) to prescribe anything that this Act requires or permits to be prescribed by Rules of Court. [17/2019] (2A) Without affecting subsections (1) and (2), Rules of Court may be made, in relation to a Protection from Harassment Court, for the following purposes: ( a ) to provide for any civil proceedings in that Court to be conducted in an informal manner; ( b ) to provide for the adoption of a judge‑led approach in any civil proceedings in that Court; ( c ) to provide that that Court is not bound by the rules of evidence in the conduct of any civil proceedings, and may inform itself on any matter in such manner as it thinks fit; ( d ) to prescribe the persons who may act for a party to any civil proceedings in that Court; ( e ) to expressly empower that Court to do any of the following things in any civil proceedings in that Court, where that Court thinks it fit to do so in the interest of justice, safety or propriety: (i) to order the redaction of any information (including the name of a party) contained in any document filed in those civil proceedings; (ii) to order that those civil proceedings be heard in private; (iii) to order any person to do any act or refrain from any conduct, so as to prevent the identification of any witness or party in those civil proceedings; ( f ) to expressly empower that Court to decide any matter in the absence of any party to any civil proceedings in that Court, if that party fails without reasonable excuse to attend any civil proceedings in that Court, even if the interests of that party are prejudicially affected by that decision; ( g ) to provide for the costs (including disbursements) and fees of any civil proceedings in that Court, and for any such costs or fees not to apply except in certain specified circumstances. [17/2019] (3) Rules of Court may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the Registrar of the Supreme Court or the Registrar of the State Courts, as the case may be.


document_id: pha-2014
provision_ref: s19A
chapter: PART 4 - GENERAL
section: 19A
title: Family Justice Rules
content:
19A. —(1) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules to regulate and prescribe the procedure and practice to be followed in the Family Justice Courts in respect of civil proceedings under this Act that are within the jurisdiction of the Family Justice Courts. (2) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. [Act 17 of 2019 wef 15/10/2024]


document_id: pha-2014
provision_ref: s20
chapter: PART 4 - GENERAL
section: 20
title: Regulations
content:
20. —(1) The Minister may make regulations for carrying out the purposes of this Act, except any matter — ( a ) for which Rules of Court may be made under section 19; or ( b ) mentioned in subsection (2). [17/2019] (2) For the purposes of section 13B, the Minister charged with the responsibility for health may make regulations relating to the treatment of a person under a mandatory treatment order. [17/2019]


document_id: pha-2014
provision_ref: s20A
chapter: PART 4 - GENERAL
section: 20A
title: Presentation to Parliament
content:
20A. All orders made under sections 13A and 18A, Rules of Court made under section 19, Family Justice Rules made under section 19A and regulations made under section 20 must be presented to Parliament as soon as possible after publication in the Gazette . [17/2019]


document_id: pha-2014
provision_ref: s21
chapter: PART 4 - GENERAL
section: 21
title: Exemptions
content:
21. —(1) The following orders must not be made in respect of any class of persons, as prescribed under subsection (2): ( a ) a protection order made under section 12(2) that provides any thing under section 12(2B)( b ), or an expedited protection order made under section 13(1) that so provides; ( b ) a protection order made under section 12(2E), or an expedited protection order made under section 13(1B); ( ba ) a protection order made under section 12(2F), or an expedited protection order made under section 13(1C); ( c ) any order made under Division 2 of Part 3. [17/2019] (2) The Minister may, by order in the Gazette , prescribe the classes of persons, and the orders in respect of each class of persons so prescribed, to which subsection (1) applies. [17/2019] (3) Every order made under subsection (2) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: phta-2014
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “abduct”, in relation to an individual, means to compel by force, or induce by any deceitful means, the individual to go from any place; “abuse of the position of vulnerability”, in relation to an individual, means taking advantage of the vulnerable position the individual is placed in as a result of — ( a ) the individual entering or remaining in Singapore illegally; ( b ) the individual’s pregnancy; ( c ) the individual’s physical or mental illness, infirmity or disability; or ( d ) the impairment (permanently or temporarily) of the individual’s decision-making ability by reason of the individual’s physical or mental illness, infirmity or disability; “child” means an individual below 18 years of age; “coercion”, in relation to an individual, means the use of force or threat, whether violent or otherwise, against the individual or another individual, including — ( a ) any threat of harm to or physical restraint of the individual or the other individual; ( b ) any scheme, plan or pattern intended to cause the individual to believe that the failure to perform an act would result in serious harm to or physical restraint of the individual or the other individual; or ( c ) any abuse or threat related to the legal status of the individual or the other individual; “conjugal partner”, in relation to a trafficked victim at a given point in time, means the individual with whom the trafficked victim was in a relationship as if the individual were the trafficked victim’s spouse at that point in time; “debt bondage” means a status or condition arising from — ( a ) the pledging by a debtor of the personal services of the debtor or an individual under the debtor’s control, as security for a debt; and ( b ) the reasonable value of such services not being applied towards the discharge of the debt, or the length or nature of such services not being limited or defined, respectively; “document” has the meaning given by section 29 of the Penal Code 1871; “exploitation” means sexual exploitation, forced labour, slavery or any practice similar to slavery, servitude or the removal of an organ; “Minister” means the Minister charged with the responsibility for home affairs; “practice similar to slavery” includes debt bondage, serfdom or any servile form of marriage; “premises” includes — ( a ) any building or structure, whether permanent or temporary; ( b ) any land, whether built on or not; ( c ) any place, whether open or enclosed, including any place situated underground or underwater; ( d ) any vehicle, train, vessel or aircraft; and ( e ) any part of the premises; “prostitution” means the offering of an individual’s body for hire, whether for money or in kind, for the purpose of sexual penetration; “public servant” has the meaning given by section 21 of the Penal Code 1871, and includes any person who is deemed under this Act or any other written law to be a public servant for the purposes of the Penal Code 1871; “serfdom” means the condition or status of a tenant who is, by law, custom or agreement, bound to live and labour on land belonging to another person and to render any determinate service to that other person, whether for reward or not, and who is not free to change that condition or status; “servile form of marriage” means any institution or practice in which — ( a ) a woman or female child, without the right to refuse, is promised or given in marriage on payment of consideration in money or in kind to her parent, guardian, family or any other person or group of persons; ( b ) the husband of a woman or female child, or his family or clan, has the right to transfer her to another person, whether for value received or otherwise; or ( c ) a woman or female child, on the death of her husband, is liable to be inherited by another person; “servitude”, in relation to an individual, means any condition or obligation, not authorised by any written law, to work or render services from which the individual cannot escape or which the individual is not free to change; “sexual exploitation”, in relation to an individual, means the involving of the individual in prostitution, sexual servitude or the provision of any other form of sexual service, including the commission of any obscene or indecent act by the individual or the use of the individual in any audio or visual recording or representation of such act; “trafficked victim” means an individual against whom an offence under section 3 is committed, and includes an alleged victim of the offence.


document_id: phta-2014
provision_ref: s3
chapter: PART 2 - TRAFFICKING IN PERSONS
section: 3
title: Trafficking in persons
content:
3. —(1) Any person who recruits, transports, transfers, harbours or receives an individual (other than a child) by means of — ( a ) the threat or use of force, or any other form of coercion; ( b ) abduction; ( c ) fraud or deception; ( d ) the abuse of power; ( e ) the abuse of the position of vulnerability of the individual; or ( f ) the giving to, or the receipt by, another person having control over that individual of any money or other benefit to secure that other person’s consent, for the purpose of the exploitation (whether in Singapore or elsewhere) of the individual shall be guilty of an offence. (2) Any person who recruits, transports, transfers, harbours or receives a child for the purpose of the exploitation (whether in Singapore or elsewhere) of the child shall be guilty of an offence. (3) In determining whether an offence has been committed under this section, the following is irrelevant: ( a ) in the case where the alleged victim of the offence is a child, whether the child, or the child’s parent or guardian, consented to the actual or intended exploitation; ( b ) in any other case, whether the alleged victim of the offence consented to the actual or intended exploitation. (4) For the purposes of subsection (1) or (2), it does not matter whether the act of trafficking in persons described in that subsection is done partly in and partly outside Singapore provided that the act, if done wholly in Singapore, would constitute an offence under that subsection.


document_id: phta-2014
provision_ref: s4
chapter: PART 2 - TRAFFICKING IN PERSONS
section: 4
title: Punishment for trafficking in persons
content:
4. —(1) Any person who is guilty of an offence under section 3, upon conviction — ( a ) in the case of a first offence, shall be punished with a fine not exceeding $100,000 and with imprisonment for a term not exceeding 10 years, and shall be liable to caning not exceeding 6 strokes; and ( b ) in the case of a second or subsequent offence, shall be punished with a fine not exceeding $150,000, with imprisonment for a term not exceeding 15 years and with caning not exceeding 9 strokes. (2) In determining the appropriate sentence for an offence under section 3, the court may take into account the aggravating factors relevant to the offence including the following: ( a ) the offence involved serious injury to or the death (including death by suicide) of the trafficked victim or another individual; ( b ) the trafficked victim was particularly vulnerable due to pregnancy, illness, infirmity, disability or any other reason, and the offender was aware of the trafficked victim’s particular vulnerability; ( c ) the trafficked victim was a child; ( d ) the offence exposed the trafficked victim to a life‑threatening illness; ( e ) the offence involved actual or threatened use of a weapon or drug; ( f ) the offender was a public servant; ( g ) the offender was the trafficked victim’s spouse or conjugal partner; ( h ) the offender was abusing a position of trust or authority in relation to the trafficked victim.


document_id: phta-2014
provision_ref: s5
chapter: PART 2 - TRAFFICKING IN PERSONS
section: 5
title: Abetment of trafficking in persons
content:
5. —(1) For the purposes of Chapter 5 of the Penal Code 1871, a person abets the commission of an offence under section 3 if — ( a ) the person instructs another person to commit the offence; ( b ) the person provides or arranges any form of financing, transport, shelter, accommodation or any other facility with the intention of facilitating the commission of the offence; or ( c ) the person — (i) participates or assists in the recruitment, transport, transfer, harbouring or receiving of an individual; (ii) employs or assists in the employment of any of the means specified in section 3(1)( a ) to ( f ) in respect of the individual; or (iii) does any act to promote or in furtherance of the actual or intended exploitation of the individual, with the intention of facilitating the commission of the offence against the individual. (2) To avoid doubt, this section is without prejudice to the generality of the term “abetment” under the Penal Code 1871.


document_id: phta-2014
provision_ref: s6
chapter: PART 2 - TRAFFICKING IN PERSONS
section: 6
title: Persons who receive payments in connection with exploitation of trafficked victims
content:
6. —(1) Any person who knowingly receives any payment in connection with the actual or intended exploitation in Singapore of a trafficked victim shall be guilty of an offence. (2) Any person who is guilty of an offence under subsection (1), upon conviction — ( a ) in the case of a first offence, shall be punished with a fine not exceeding $100,000 and with imprisonment for a term not exceeding 10 years, and shall be liable to caning not exceeding 6 strokes; and ( b ) in the case of a second or subsequent offence, shall be punished with a fine not exceeding $150,000, with imprisonment for a term not exceeding 15 years and with caning not exceeding 9 strokes.


document_id: phta-2014
provision_ref: s7
chapter: PART 3 - ENFORCEMENT
section: 7
title: Police officers and enforcement officers
content:
7. —(1) Nothing in this Part affects a police officer’s powers or duties under the Criminal Procedure Code 2010. (2) Only the following officers are authorised to act as an enforcement officer under this Part: ( a ) public officers appointed as employment inspectors under section 3(3) of the Employment of Foreign Manpower Act 1990; ( b ) public officers appointed as inspectors under section 20(1) of the Human Organ Transplant Act 1987; ( c ) public officers appointed by the Minister as enforcement officers for the purposes of this Act.


document_id: phta-2014
provision_ref: s8
chapter: PART 3 - ENFORCEMENT
section: 8
title: Enforcement powers
content:
8. —(1) A police officer or an enforcement officer may, for the purposes of this Act, do all or any of the following: ( a ) without warrant, enter and search, by day or night, any premises if there is reasonable cause to believe that evidence of the commission of an offence under this Act can be found in the premises; ( b ) detain any person found within the premises referred to in paragraph ( a ) until the search of the premises is completed; ( c ) search any person found within the premises referred to in paragraph ( a ) who is reasonably believed to have any document or article relevant to any investigation into an offence under this Act; ( d ) require any person who is reasonably believed to have any document (including any document of identity or travel document), article or information relevant to any investigation into an offence under this Act, to produce such document or article or give such information; ( e ) take possession of, or take any extract from or copy of, any document or article relevant to any investigation into an offence under this Act that is found in any premises or on any person searched, or is produced, under this section; ( f ) examine orally any person who appears to be acquainted with any of the facts or circumstances of a suspected offence under this Act, and reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which that person is acquainted; and the statement made by that person must be read over to that person and must, after correction, be signed by that person; ( g ) require by written order the attendance before the officer of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with any of the facts or circumstances of a suspected offence under this Act; and that person must attend as required and if that person fails to do so, report the failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order; ( h ) take such photographs, or audio or video recordings, as necessary of the premises referred to in paragraph ( a ) (including any person or thing in the premises) and persons reasonably believed to be acquainted with the facts or circumstances relevant to a suspected offence under this Act; ( i ) require an employer to produce all or any of the employer’s employees for the purposes of any investigation into an offence under this Act. (2) A police officer or an enforcement officer may require the owner or occupier of any premises referred to in subsection (1)( a ), the owner’s or occupier’s agent or any person found in the premises to furnish such means required by the officer as necessary for the officer’s exercise of any power under this section. (3) If entry to any premises cannot be obtained under subsection (1)( a ), a police officer or an enforcement officer may, after stating the officer’s authority and purpose and demanding entry into the premises — ( a ) break open any outer or inner door or window leading to the premises; ( b ) forcibly enter the premises; or ( c ) remove by force any obstruction to such entry. (4) Any person who — ( a ) intentionally offers any resistance to or wilfully delays a police officer or an enforcement officer in the exercise of any power under this section; ( b ) fails to comply with the requisition of a police officer or an enforcement officer under this section; ( c ) fails to produce to a police officer or an enforcement officer any document or article which the person is required under this section to produce; ( d ) wilfully withholds from a police officer or an enforcement officer any information as to who is the owner or occupier of any premises, who is the principal contractor or who is the employer of the person; or ( e ) conceals or prevents, or attempts to conceal or prevent, another person from appearing before or being examined by a police officer or an enforcement officer under this section, is deemed to wilfully obstruct the police officer or enforcement officer for the purpose of section 17. (5) In this section, a reference to an offence under this Act includes a reference to an abetment of, or a conspiracy or an attempt to commit, the offence.


document_id: phta-2014
provision_ref: s9
chapter: PART 3 - ENFORCEMENT
section: 9
title: Power to arrest without warrant
content:
9. —(1) Any police officer or enforcement officer may arrest without warrant any person whom the officer reasonably suspects is committing or has committed an offence under Part 2. (2) A police officer or an enforcement officer making an arrest without warrant must, without unnecessary delay and subject to subsection (4), take or send the person arrested before a Magistrate’s Court. (3) A police officer or an enforcement officer must not detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and such period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. (4) Any person who has been arrested may be released on bail, or on the person’s own bond, by a police officer or an enforcement officer. (5) The provisions of Division 5 of Part 6 of the Criminal Procedure Code 2010 apply to any bail or bond granted under this section; and for this purpose, any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” in those provisions is to be read to include an enforcement officer. (6) In this section, a reference to an offence under Part 2 includes a reference to an abetment of, or a conspiracy or an attempt to commit, the offence.


document_id: phta-2014
provision_ref: s10
chapter: PART 3 - ENFORCEMENT
section: 10
title: Arrest how made
content:
10. —(1) A police officer or an enforcement officer making an arrest under this Part must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action. (2) If the person forcibly resists or tries to evade arrest, the officer may use all means necessary to effect the arrest.


document_id: phta-2014
provision_ref: s11
chapter: PART 3 - ENFORCEMENT
section: 11
title: No unnecessary restraint
content:
11. —(1) A person who is arrested under this Part must not be subjected to more restraint than is necessary to prevent the person’s escape. (2) Handcuffs or any similar means of restraint may be used on the person arrested to prevent the person from — ( a ) inflicting any bodily self-injury or injury to others; ( b ) damaging any property; ( c ) creating any disturbance; or ( d ) escaping from custody. (3) The handcuffs or similar means of restraint must not be used on the person arrested for the purpose of punishment.


document_id: phta-2014
provision_ref: s12
chapter: PART 3 - ENFORCEMENT
section: 12
title: Search of persons
content:
12. —(1) A police officer or an enforcement officer making an arrest under this Part may search the person arrested and take possession of any document or article found on the person which the officer reasonably believes to be connected to the offence for which the person is arrested. (2) Where a person is searched under this section or section 8(1)( c ) — ( a ) the search must be made by a police officer or an enforcement officer of the same sex as the person, with strict regard to decency; and ( b ) the police officer or enforcement officer must not take into possession the person’s necessary wearing apparel.


document_id: phta-2014
provision_ref: s13
chapter: PART 3 - ENFORCEMENT
section: 13
title: Power to seize offensive weapons
content:
13. A police officer or an enforcement officer making any arrest under this Part may take from the person arrested any offensive weapons found on the person.


document_id: phta-2014
provision_ref: s14
chapter: PART 3 - ENFORCEMENT
section: 14
title: Power on escape to pursue and arrest
content:
14. If a person arrested under this Part escapes or is rescued from lawful custody, the police officer or enforcement officer from whose custody that person escaped or was rescued may immediately pursue and arrest that person in any place within Singapore and deal with that person as the officer might have done on the original arrest.


document_id: phta-2014
provision_ref: s15
chapter: PART 3 - ENFORCEMENT
section: 15
title: Enforcement officers to be armed
content:
15. Every enforcement officer must be provided with such batons and accoutrements as may be necessary for the effective discharge of the enforcement officer’s duties.


document_id: phta-2014
provision_ref: s16
chapter: PART 3 - ENFORCEMENT
section: 16
title: Disposal of documents and articles
content:
16. —(1) Any document or article that a police officer or an enforcement officer takes possession of under this Part must — ( a ) where the document or article is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; and ( b ) in any other case — (i) be returned to the owner; or (ii) if the owner is not known, be reported to a Magistrate. (2) Where the report of any document or article is made to a Magistrate under subsection (1)( b )(ii), the Magistrate may order the document or article — ( a ) to be forfeited; or ( b ) to be disposed of in such manner as the Magistrate thinks fit. (3) Nothing in this section affects any right to retain or dispose of property which may exist in law apart from this section.


document_id: phta-2014
provision_ref: s17
chapter: PART 3 - ENFORCEMENT
section: 17
title: Obstruction of police officer or enforcement officer
content:
17. Any person who wilfully obstructs the lawful exercise by a police officer or an enforcement officer of any of the officer’s powers under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: phta-2014
provision_ref: s18
chapter: PART 4 - VICTIM PROTECTION AND ASSISTANCE
section: 18
title: Protection of sexually-exploited trafficked victims
content:
18. —(1) Where any person is charged with or convicted of an offence under Part 2 involving the sexual exploitation of a trafficked victim, the court hearing any matter or proceedings in relation to the charge or conviction — ( a ) in the case where the trafficked victim is a child, must hear the matter or proceedings in private; and [Act 25 of 2021 wef 01/04/2022] ( b ) in any other case, may order that the matter or proceedings (or any part of the matter or proceedings) be heard in private. [Act 25 of 2021 wef 01/04/2022] (2) No person may, in connection with any matter or proceedings mentioned in subsection (1) — ( a ) publish the name, address or photograph, or any other thing which is likely to lead to the identification, of the trafficked victim; ( b ) publish the name, address or photograph of any witness, or any evidence given by the witness, in the matter or proceedings, or any other thing relating to the witness, which is likely to lead to the identification of the trafficked victim; or ( c ) do any other act which is likely to lead to the identification of the trafficked victim. (3) The prohibition under subsection (2) applies regardless of whether the matter or proceedings is required or ordered to be heard in private under subsection (1). [Act 25 of 2021 wef 01/04/2022] (4) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (5) Nothing in this section affects a court’s powers under section 7 of the State Courts Act 1970 or section 8 of the Supreme Court of Judicature Act 1969. (6) In this section, a reference to an offence under Part 2 includes a reference to an abetment of, or a conspiracy or an attempt to commit, the offence.


document_id: phta-2014
provision_ref: s19
chapter: PART 4 - VICTIM PROTECTION AND ASSISTANCE
section: 19
title: Assistance to trafficked victims
content:
19. —(1) The Director‑General of Social Welfare may provide to a trafficked victim such assistance as the Director‑General of Social Welfare considers practicable and necessary in the particular circumstances of the case, including — ( a ) temporary shelter; and ( b ) counselling services. [30/2019] (2) The Director‑General of Social Welfare may — ( a ) appoint any public officer; or ( b ) with the approval of the Minister charged with the responsibility for social support services, authorise in writing any other person, to perform the functions of the Director‑General of Social Welfare under subsection (1), subject to such conditions and limitations as the Director‑General of Social Welfare may specify. [30/2019] (3) To avoid doubt, any appointment or authorisation under subsection (2) does not restrict or prevent the Director‑General of Social Welfare from exercising his or her function under subsection (1). [30/2019] (4) Any person authorised under subsection (2)( b ) is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: phta-2014
provision_ref: s20
chapter: PART 5 - MISCELLANEOUS
section: 20
title: False statements, information, etc.
content:
20. Any person who, being required to make any statement or furnish any information or document under this Act — ( a ) makes any statement or furnishes any information or document which is false or misleading in a material particular; and ( b ) knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: phta-2014
provision_ref: s21
chapter: PART 5 - MISCELLANEOUS
section: 21
title: Protection of informers
content:
21. —(1) Except as provided in this section, no complaint as to an offence under Part 2 is to be admitted in evidence in any civil or criminal proceedings, and no witness in the proceedings is to be obliged or permitted to disclose the name or address of any informer in respect of the offence, or state any matter which might lead to the discovery of the informer. (2) If any article or document which is in evidence or liable to inspection in the civil or criminal proceedings contains any thing that names or describes the informer or is likely to lead to the discovery of the informer, the court hearing the proceedings must cause that thing to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. (3) A court may order the production of a complaint, or require or permit the full disclosure concerning an informer, in respect of an offence under Part 2, if — ( a ) in any proceedings for the offence, the court, after full inquiry into the case, is of the opinion that the informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or ( b ) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties in the proceedings without the discovery of the informer. (4) In this section, a reference to an offence under Part 2 includes a reference to an abetment of, or a conspiracy or an attempt to commit, the offence.


document_id: phta-2014
provision_ref: s22
chapter: PART 5 - MISCELLANEOUS
section: 22
title: Consent of Public Prosecutor
content:
22. A prosecution under this Act must not be instituted except by or with the consent of the Public Prosecutor.


document_id: phta-2014
provision_ref: s23
chapter: PART 5 - MISCELLANEOUS
section: 23
title: Jurisdiction of Court
content:
23. —(1) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has the power to impose the full penalty or punishment in respect of the offence. (2) In this section, a reference to an offence under this Act includes a reference to an abetment of, or a conspiracy or an attempt to commit, the offence.


document_id: pma-2009
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the National Heritage Board established under the National Heritage Board Act 1993; “Director” means the Director of National Monuments appointed under section 8; “enforcement notice” means a notice issued by the Board under section 18; “information notice” means a notice served by the Director or a Monument Inspector under section 16; “inland waters” means any river, stream, reservoir, lake or pond (whether natural or artificial) within the limits of the territorial waters of Singapore; “land” includes any foreshore, site or underground space; “monument” means the whole or any part of — ( a ) any building, structure, erection, statue, sculpture or other work, whether above or below the surface of the land, and any cave or excavation; ( aa ) any site; ( b ) any site comprising the remains of any such building, structure, erection, statue, sculpture or other work or of any cave or excavation; or ( c ) any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof which neither constitutes nor forms part of any work which is a monument within paragraph ( a ), and includes any machinery attached to or forming part of a monument which cannot be detached from the monument without being dismantled; “Monument Inspector” means any person appointed under section 9 to be a Monument Inspector for the purposes of this Act; “national monument” means any monument that is subject to a preservation order and includes any land containing or adjacent to such monument that is specified in the preservation order under section 11(3); “occupier”, in relation to any monument or land, means the person in occupation of, or having the charge, management or control of, the monument or land, whether on the person’s own account or as an agent of another person, but does not include a lodger; “owner” — ( a ) in relation to any monument or land, means the person for the time being receiving the rent of the monument or land whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the monument or land were let to a tenant, and the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the monument or land; and ( b ) in relation to the common property of any subdivided building, means the person receiving any rent or charge for the maintenance of that common property; “preservation notice” means a notice issued by the Board under section 13; “preservation order” means an order made by the Minister under section 11 placing a monument under the protection of the Board; “proposed national monument” means a monument covered by a notice under section 11(7)( a ) of the Minister’s intention to make a preservation order protecting the monument; “site” means — ( a ) any open space; ( b ) any inland waters; or ( c ) an area of land (including any building, structure, erection, statue, sculpture or other work, vegetation, inland waters or physiographical formation, or any combination thereof) containing anything that evidences human activity, present or past, but excludes a site falling within paragraph ( b ) or ( c ) of the definition of “monument”; “statutory authority” means a body established or constituted by or under a public Act to perform or discharge a public function, and includes a Town Council. [36/2021]


document_id: pma-2009
provision_ref: s4
chapter: PART 2 - FUNCTIONS AND POWERS OF BOARD UNDER THIS ACT
section: 4
title: Functions of Board under this Act
content:
4. Without affecting section 6 of the National Heritage Board Act 1993, the functions of the Board under this Act are — ( a ) to identify monuments that are of such historic, cultural, traditional, archaeological, architectural, artistic or symbolic significance and national importance as to be worthy of preservation under this Act, and to make recommendations to the Minister for the preservation under this Act of the monuments so identified; ( b ) to undertake, commission, sponsor or facilitate research on monuments which have been identified for preservation or which are being preserved under this Act; ( c ) to determine standards and issue guidelines for the restoration, preservation or maintenance of monuments under this Act and for the proper control, management and use of those monuments; ( d ) to determine the best method for the preservation or maintenance of any national monument, and to cause or facilitate the preservation or maintenance of the national monument in accordance with such method; ( e ) to protect national monuments and proposed national monuments in accordance with this Act; ( f ) to promote and stimulate public interest and support in the preservation or maintenance of monuments, and public knowledge, appreciation and understanding of national monuments; ( g ) to record, preserve and disseminate information relating to national monuments; and ( h ) to advise the Government in respect of matters relating to the preservation or maintenance of monuments. [36/2021]


document_id: pma-2009
provision_ref: s5
chapter: PART 2 - FUNCTIONS AND POWERS OF BOARD UNDER THIS ACT
section: 5
title: Powers of Board under this Act
content:
5. Without affecting section 7 of the National Heritage Board Act 1993, the Board, in discharging its functions under this Act, has and may exercise the following powers: ( a ) advise on, supervise, control and require alterations, repairs, maintenance, renovations or construction of any kind to be made to any national monument or proposed national monument for the purpose of ensuring the better preservation of the national monument or proposed national monument; ( b ) contribute by grant or loan towards the expenses incurred or to be incurred in the restoration, repair, maintenance or management of a national monument or proposed national monument to ensure its proper preservation; ( c ) publish or sponsor the publication of information and other works relating to monuments which have been identified for preservation or which are being preserved under this Act, or to any other matter concerning the functions of the Board; ( d ) organise any activities and other programmes that the Board thinks necessary or desirable for the discharge of its functions under this Act; ( e ) carry out promotional activities or publicity in any form; ( f ) arrange for or provide professional and technical services in relation to the preservation of monuments, on any terms and conditions that may be approved by the Board; ( g ) charge fees or commissions for any service provided by the Board under this Act; ( h ) generally do all matters and things that may be incidental to or consequential upon the exercise of its powers or the discharge of its functions under this Act. [36/2021]


document_id: pma-2009
provision_ref: s6
chapter: PART 2 - FUNCTIONS AND POWERS OF BOARD UNDER THIS ACT
section: 6
title: Directions by Minister
content:
6. —(1) The Minister may give any directions, not inconsistent with the provisions of this Act, as to the performance of the functions and the exercise of its powers by the Board and the Board must give effect to those directions. (2) The Board must furnish the Minister with any information or facilities for obtaining information with respect to its functions in any manner and at any time that the Minister may reasonably require.


document_id: pma-2009
provision_ref: s7
chapter: PART 2 - FUNCTIONS AND POWERS OF BOARD UNDER THIS ACT
section: 7
title: Appointment of National Monuments Advisory Committee
content:
7. Without affecting section 8 of the National Heritage Board Act 1993, the Board, on any terms that it may determine, may appoint a committee, to be known as the National Monuments Advisory Committee, to advise the Board in the discharge of its functions under this Act.


document_id: pma-2009
provision_ref: s8
chapter: PART 3 - APPOINTMENT OF DIRECTOR AND OTHER OFFICERS
section: 8
title: Appointment of Director of National Monuments
content:
8. —(1) The Board must appoint one of its officers as the Director of National Monuments who is responsible for the performance of the duties and functions assigned to the Director under this Act. (2) The Board may give any directions, not inconsistent with the provisions of this Act, as to the performance of the Director’s duties and functions and the Director must give effect to those directions.


document_id: pma-2009
provision_ref: s9
chapter: PART 3 - APPOINTMENT OF DIRECTOR AND OTHER OFFICERS
section: 9
title: Appointment of Monument Inspectors
content:
9. —(1) The Director may in writing appoint any public officer or any officer or employee of the Board or of any other statutory authority to be a Monument Inspector for the purposes of this Act. (2) Every Monument Inspector must, when exercising his or her powers and carrying out his or her duties under this Act, comply with any general or special directions that may be given to him or her by the Director or the Board. (3) Every Monument Inspector when exercising any powers under this Act must, if not in uniform, declare his or her office and must, on demand, produce to any person affected by the exercise of those powers any identification card that the Director may direct to be carried by the Monument Inspector when exercising those powers.


document_id: pma-2009
provision_ref: s10
chapter: PART 3 - APPOINTMENT OF DIRECTOR AND OTHER OFFICERS
section: 10
title: Public servants
content:
10. The Director and all Monument Inspectors are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: pma-2009
provision_ref: s11
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 11
title: Power of Minister to make preservation orders
content:
11. —(1) Subject to subsection (7), the Minister may, after consulting the Board, make a preservation order to place any monument under the protection of the Board. (2) A monument which is subject to a preservation order and any land containing or adjacent to the monument that is specified in that preservation order is to be known as a national monument. [36/2021] (3) A preservation order must specify the monument protected by it, and extends to — ( a ) all the land containing the monument; and ( b ) any land adjacent to the monument which is in the same ownership as the monument and which the Minister is satisfied should also be protected under this Act in order — (i) to preserve the monument in its setting; (ii) to provide or facilitate access to the monument; or (iii) to provide for the exercise of proper control or management with respect to the monument. (4) A preservation order must — ( a ) be published in the Gazette ; ( b ) take effect as from the date specified in the preservation order; and ( c ) remain in force until revoked by the Minister under subsection (6) or until it otherwise ceases to have effect by virtue of section 12. (5) A copy of the preservation order together with a notice stating the effect of the preservation order must be served upon the owner and the occupier (if the occupier is a different person from the owner) of the monument and the land to which the order extends. (6) Subject to subsection (7), the Minister may, after consulting the Board, by order in the Gazette , amend or revoke a preservation order. (7) Before the Minister makes, amends or revokes a preservation order, the Board must — ( a ) give written notice of the Minister’s intention to do so to the owner and occupier of the monument and any land adjacent to the monument which will be affected by the making, amendment or revocation (as the case may be) of the preservation order; ( b ) in the notice specify a reasonable period within which the owner and occupier may submit to the Board their objections (if any) to the making, amendment or revocation (as the case may be) of the preservation order; and ( c ) consider every objection received under paragraph ( b ) and make its recommendations to the Minister in relation thereto. (7A) To avoid doubt, the Minister is not prevented from — ( a ) amending or revoking a preservation order relating to a national monument; or ( b ) making a preservation order in relation to a proposed national monument, if no objection is submitted to the Board under subsection (7)( b ) in relation to that national monument or proposed national monument, as the case may be. [36/2021] (8) A preservation order binds all subsequent owners and occupiers of, and persons interested in, the land to which it applies and — ( a ) if it affects registered land, is regarded as if it were a statutory obligation under section 142 of the Land Titles Act 1993; and ( b ) if it affects unregistered land, is regarded as if it were an instrument affecting land under the Registration of Deeds Act 1988. (9) For the purposes of subsection (8), upon the Minister making a preservation order under subsection (1), the Board must — ( a ) if the preservation order affects registered land, notify the Registrar of Titles of the preservation order in accordance with section 142 of the Land Titles Act 1993 and the Registrar of Titles must then give effect to the preservation order in accordance with that section of the Land Titles Act 1993 as if the preservation order were a statutory obligation; and ( b ) if the preservation order affects unregistered land, present a copy of the preservation order to the Registrar of Deeds in accordance with section 5 of the Registration of Deeds Act 1988 and the Registrar of Deeds must then register the preservation order under that section of the Registration of Deeds Act 1988 as if the preservation order were an instrument affecting land. (10) Any person who intends to transfer, assign, demise or otherwise deal with any proposed national monument, monument or land affected by a preservation order must give to the Board — ( a ) not less than 2 weeks’ notice in writing of the intended transfer, assignment, demise or dealing (as the case may be); and ( b ) written notice of the completion of the transfer, assignment, demise or dealing within 2 weeks of the completion thereof. [36/2021] (11) Any person who contravenes subsection (10) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (12) The Board must publish, in such manner as it thinks fit, a list of all national monuments and proposed national monuments. [36/2021]


document_id: pma-2009
provision_ref: s12
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 12
title: Saving for dwelling house
content:
12. Where a preservation order is made in respect of any structure that appears to the Board to be occupied as a dwelling house and that structure has not been vested in the Board or the Government (as the case may be), then, if the structure is not acquired under the Land Acquisition Act 1966 within the period of one year from the date of the preservation order, the preservation order ceases to have effect in relation to that structure.


document_id: pma-2009
provision_ref: s13
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 13
title: Duty to maintain national monument
content:
13. —(1) It is the duty of the owner and the occupier of any national monument to take all reasonable measures to ensure that the national monument is properly maintained at all times in accordance with any guidelines that may be issued by the Board. (2) The Board may by notice in writing (called a preservation notice) require the owner or occupier of a national monument to carry out, at his or her own expense and within the time specified in the notice, any works for the preservation, maintenance or repair of the national monument that may be specified in the notice. (3) The owner or occupier of a national monument may, within 14 days of service on him or her of a preservation notice or within such longer period as the Minister may allow, appeal to the Minister against the requirements of the preservation notice and the Minister may — ( a ) dismiss the appeal; ( b ) allow the appeal unconditionally; or ( c ) allow the appeal in whole or in part and subject to such conditions as the Minister considers fit, and may give any directions that the Minister thinks necessary to give effect to the Minister’s decision on the appeal. (4) The Minister’s decision under subsection (3) is final. (5) Subject to subsection (6), a preservation notice takes effect from the date specified in the preservation notice despite any appeal under subsection (3) that is pending. (6) If the Minister is satisfied that the execution of the preservation notice may be delayed without resulting in any danger or damage to the national monument, the Minister may, subject to any conditions that the Minister thinks fit to impose on the appellant, direct that the preservation notice does not take effect until the determination or abandonment of the appeal. (7) Subject to any direction of the Minister under subsection (6), any person who fails to comply with the requirements of a preservation notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.


document_id: pma-2009
provision_ref: s14
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 14
title: Execution and costs of works required by preservation notice
content:
14. If the requirements of a preservation notice are not complied with to the satisfaction of the Board — ( a ) the Director or a Monument Inspector may, at any reasonable time, enter the national monument to which the preservation notice relates and cause any of the works specified in the preservation notice and any other works which are in the Board’s opinion necessary for the preservation of the national monument to be carried out; and ( b ) the expenses reasonably incurred by the Director or Monument Inspector in the exercise of his or her powers under paragraph ( a ) and any other reasonable expenses that may be incidental thereto are to be recoverable by the Board as a civil debt from the person who is, on the date of the preservation notice, the owner or occupier of the national monument.


document_id: pma-2009
provision_ref: s15
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 15
title: Control over work
content:
15. —(1) A person must not, without the prior written permission of the Board, and whether as principal or agent — ( a ) demolish, reconstruct, alter or make additions to a national monument or proposed national monument or any part thereof; ( b ) repair, renovate, repaint or redecorate a national monument or proposed national monument or any part thereof; ( c ) deposit any waste material on or pollute or flood the land or site on which a national monument or proposed national monument stands or any part thereof; or ( d ) do in relation to the national monument or proposed national monument or any part thereof or to the land on which the national monument or proposed national monument is located any other act that may be prescribed as an act to which this section applies. [36/2021] (1A) A person must not, without the prior written permission of the Board, and whether as principal or agent — ( a ) clear, dig up, excavate or cultivate any plant or tree on or in a national monument or proposed national monument which is a site; ( b ) extract, mine, quarry or interfere with any earth, stone, clay, gravel, sand, shell, minerals, mineral oil, natural gas, or any thing or group of things that evidence human activity (present or past), found on, in or forming part of a national monument or proposed national monument which is a site; ( c ) destroy the relationship of a building and its environment that is incompatible with the character of the neighbourhood in a national monument or proposed national monument which is a site; ( d ) park or leave any vehicle or vessel on or in a national monument or proposed national monument which is a site; or ( e ) damage or enclose a national monument or proposed national monument which is a site, knowing or reckless as to whether it is a national monument or proposed national monument, as the case may be. [36/2021] (2) In granting any permission required under subsection (1) or (1A), the Board may impose any conditions that the Board thinks necessary for the protection of the national monument or proposed national monument, including — ( a ) conditions requiring any works affecting the national monument or proposed national monument to be carried out in accordance with the specifications of the Board; and ( b ) conditions requiring the person to whom the permission is granted to restore the national monument or proposed national monument in accordance with the specifications of the Board in the event that any damage is caused to the national monument or proposed national monument as a result of the works. [36/2021] (3) The Board may refuse to grant any permission as required under subsection (1) or (1A) if it is of the opinion that the works proposed to be done in relation — ( a ) to a national monument or any part of a national monument, or to the land or site on which the national monument is located, would affect the character or appearance of the national monument in a manner which is inappropriate or unbefitting a national monument; or ( b ) to a proposed national monument or any part of a proposed national monument, or to the land or site on which the proposed national monument is located, would irreparably alter the historic, cultural, traditional, archaeological, architectural, artistic or symbolic significance attached to it or any other condition of the proposed national monument before a decision whether or not the proposed national monument should be protected by a preservation order. [36/2021] (4) Any person who — ( a ) contravenes subsection (1) or (1A); or ( b ) fails to comply with any condition imposed by the Board under subsection (2), shall be guilty of an offence and shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or ( d ) in any other case, to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [36/2021] (5) Subject to subsection (6), the court before which a person is convicted of an offence under subsection (4) may, in addition to punishing the person in accordance with subsection (4), make an order requiring the person — ( a ) at the person’s own expense and within the time that may be specified in the order, to restore the national monument or proposed national monument in accordance with the specifications of the Board; or ( b ) to pay to the Board a sum equivalent to the cost of restoring the national monument or proposed national monument. [36/2021] (6) Where the person convicted of an offence under subsection (4) is a body corporate (as defined in section 29(5)), a partnership or an unincorporated association (other than a partnership), the court may make the additional order mentioned in subsection (5) against any person who, by virtue of section 29 is also guilty of that offence as an officer or a partner (as the case may be) of the body corporate, partnership or unincorporated association. (7) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence. (8) In any proceedings for an offence under subsection (4), it is a defence if the person proves, on a balance of probabilities, that the act done or omitted to be done in relation to a national monument or proposed national monument — ( a ) was done or omitted — (i) urgently or immediately for the safety of persons or property; and (ii) with all reasonable care to ensure that the act or omission would have no more effect on the character or appearance of the national monument or proposed national monument (as the case may be) than was necessary in the circumstances; or ( b ) was done or omitted — (i) in good faith; and (ii) for the purpose of complying with or giving effect to any order or requirement of the Government or a statutory authority (other than the Board) given in the performance of any function, the exercise of any power or the discharge of any duty of the Government or statutory authority (as the case may be) under any written law other than this Act. [36/2021] (9) Where the court makes an order requiring any person to pay a sum to the Board under subsection (5)( b ), the sum, if unpaid, is to be recoverable from that person by the Board as if the sum were a judgment debt due to the Board. (10) The Director or a Monument Inspector may enter, at any reasonable time, a national monument or proposed national monument or any part thereof in order — ( a ) to ascertain whether any works being carried thereon comply with the conditions imposed by the Board under subsection (2); and ( b ) to take any action and give any direction that the Director or Monument Inspector considers necessary for the protection of the national monument or proposed national monument. [36/2021]


document_id: pma-2009
provision_ref: s16
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 16
title:
Power to require information about activities affecting national monument or proposed national monument

content:
16. —(1) Where it appears to the Director or a Monument Inspector that there may have been a contravention of section 15(1) or (1A) in respect of any national monument or proposed national monument, the Director or Monument Inspector may serve a notice to that effect (called an information notice) on any person who — ( a ) is the owner or occupier of the national monument or proposed national monument; ( b ) has any other interest in the national monument or proposed national monument; ( c ) is carrying out any operation or activity on the national monument or proposed national monument; or ( d ) is using the national monument or proposed national monument for any purpose, and may by the information notice require that person to give information as to — ( e ) the operation or activity that has been or is being carried out on the national monument or proposed national monument; or ( f ) the purposes for which the national monument or proposed national monument has been or is being used. [36/2021] (2) In particular, the information notice may require the person on whom it is served — ( a ) to state whether or not the national monument or proposed national monument has been or is being used for any of the purposes specified in the notice, or whether or not any operation or activity specified in the notice has been or is being carried out on the national monument or proposed national monument; ( b ) to state when any such use, operation or activity began; ( c ) to give the name and address of any person whom he or she knows has used or is using the national monument or proposed national monument for any purpose, or has carried out or is carrying out any operation or activity on the national monument or proposed national monument; ( d ) to give any information he or she holds as to any written permission of the Board for any work or any reason for the written permission not being required for any work; and ( e ) to state the nature of his or her interest (if any) in the national monument or proposed national monument and the name and address of any other person known to him or her to have an interest in the national monument or proposed national monument. [36/2021] (3) Any requirement of an information notice must be complied with by giving the information in writing to the Director or a Monument Inspector or to any officer or employee of the Board that may be specified in the information notice. (4) The service of an information notice does not affect any other power exercisable by the Board, the Director or a Monument Inspector in respect of any breach of the provisions of this Act.


document_id: pma-2009
provision_ref: s17
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 17
title: Non-compliance with information notice
content:
17. —(1) If, at any time after the end of the period of 21 days beginning with the day on which an information notice has been served on any person, such person has not complied with the requirements of the notice, he or she shall be guilty of an offence. (2) It is a defence for a person charged with an offence under subsection (1) to prove that he or she did not know, and could not with reasonable diligence have ascertained, the information required. (3) A person shall be guilty of an offence if he or she — ( a ) makes any statement purporting to comply with a requirement of an information notice which he or she knows to be false or misleading in a material particular; or ( b ) recklessly makes such a statement which is false or misleading in a material particular. (4) A person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.


document_id: pma-2009
provision_ref: s18
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 18
title: Enforcement notice
content:
18. If the Board is satisfied — ( a ) that section 15(1) or (1A) has been or is being contravened in respect of a national monument or proposed national monument; or ( b ) that a national monument or proposed national monument is, due to any operation or activity by any person, at risk of or is actually being destroyed, removed, damaged or altered, the Board may, by notice in writing (called an enforcement notice), require — ( c ) the owner or occupier of the national monument or proposed national monument; ( d ) the person who committed or is committing the contravention; or ( e ) the person who carried out or is carrying out the operation or activity, to do all or any of the following within the time specified in the enforcement notice: ( f ) to stop carrying out in relation to the national monument or proposed national monument any operation or activity that may be specified in the enforcement notice; ( g ) to stop using the national monument or proposed national monument for any purpose that may be specified in the enforcement notice; ( h ) to take, at the own expense of the owner, occupier or person given the enforcement notice, any protective, remedial or other measures in relation to the national monument or proposed national monument that may be specified in the enforcement notice. [36/2021]


document_id: pma-2009
provision_ref: s19
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 19
title: Appeal to Minister against enforcement notice
content:
19. —(1) Any person aggrieved by any requirement of an enforcement notice may, within 14 days of service on him or her of the enforcement notice or within any longer period that the Minister may allow, appeal to the Minister against the requirement. (2) Where an appeal is made under subsection (1), the Minister may — ( a ) dismiss the appeal; ( b ) allow the appeal unconditionally; or ( c ) allow the appeal in whole or in part and subject to such conditions as the Minister considers fit, and may give any directions that the Minister thinks necessary to give effect to his or her decision on the appeal. (3) The Minister’s decision under subsection (2) is final. (4) Subject to subsection (5), an enforcement notice takes effect from the date specified in the enforcement notice despite any appeal under subsection (2) that is pending. (5) If the Minister is satisfied that the execution of the enforcement notice may be delayed without resulting in any danger or damage to the national monument or proposed national monument, the Minister may, subject to any conditions that the Minister thinks fit to impose on the appellant, direct that the enforcement notice does not take effect until the determination or abandonment of the appeal. [36/2021]


document_id: pma-2009
provision_ref: s20
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 20
title: Non-compliance with enforcement notice
content:
20. —(1) Subject to any direction of the Minister under section 19(5), if a person on whom an enforcement notice has been served fails to comply with the notice — ( a ) that person shall be guilty of an offence; ( b ) the Director or a Monument Inspector may enter the national monument or proposed national monument and take such measures as may be necessary to secure the compliance with the enforcement notice; and ( c ) the expenses reasonably incurred by the Director or Monument Inspector in the exercise of his or her powers under paragraph ( b ) and any other reasonable expenses that may be incidental thereto are to be recoverable by the Board as a civil debt from the person who failed to comply with the enforcement notice. [36/2021] (2) A person guilty of an offence under subsection (1)( a ) shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (3) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court is to, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.


document_id: pma-2009
provision_ref: s21
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 21
title: Injunctions
content:
21. —(1) Where the Director or a Monument Inspector considers it necessary or expedient for any actual or apprehended contravention of the provisions of this Act to be restrained by injunction, the Director or Monument Inspector may apply to the General Division of the High Court for an injunction, whether or not the Director or Monument Inspector has exercised or is proposing to exercise any of his or her other powers under this Act. [40/2019] (2) Where the Director or a Monument Inspector applies for an injunction under subsection (1), the General Division of the High Court — ( a ) is not bound to require an undertaking in damages from the Director or Monument Inspector; and ( b ) may grant any injunction that the General Division of the High Court thinks appropriate in the circumstances. [40/2019]


document_id: pma-2009
provision_ref: s22
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 22
title: Defacing, damaging or interfering with national monuments or proposed national monuments
content:
22. —(1) Any person who wilfully defaces, damages or otherwise interferes with any national monument or proposed national monument shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 6 months or to both. [36/2021] (2) The court before which a person is convicted of an offence under subsection (1) may — ( a ) make an order requiring the person, at his or her own expense and within the time that may be specified in the order, to restore the national monument or proposed national monument in accordance with the specifications of the Board; or ( b ) order the person to pay to the Board a sum equivalent to the cost of restoring the national monument or proposed national monument. [36/2021] (3) Where the court orders any person to pay a sum to the Board under subsection (2)( b ), the sum, if unpaid, is to be recoverable from that person by the Board as if the sum were a judgment debt due to the Board.


document_id: pma-2009
provision_ref: s22A
chapter: PART 4 - PROVISIONS FOR PRESERVATION OF MONUMENTS
section: 22A
title: Interface with other laws and statutory authorities
content:
22A. Nothing in Part 4 applies to prevent or restrict or render unlawful the Government or a statutory authority (other than the Board) doing or omitting to do anything in the performance of any function, the exercise of any power or the discharge of any duty, of the Government or statutory authority, as the case may be — ( a ) under any written law other than this Act; and ( b ) in relation to a national monument or proposed national monument that is, or is on or within — (i) any State land; or (ii) any other land or site vested in or under the care, control or management of the Government or that statutory authority. [36/2021]


document_id: pma-2009
provision_ref: s23
chapter: PART 5 - TRANSFER OF PROPERTY, ASSETS AND LIABILITIES
section: 23
title: Interpretation of this Part
content:
23. In this Part — “National Heritage Board” means the National Heritage Board established under the National Heritage Board Act 1993; “Preservation of Monuments Board” means the Preservation of Monuments Board established under the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) in force immediately before 1 July 2009.


document_id: pma-2009
provision_ref: s24
chapter: PART 5 - TRANSFER OF PROPERTY, ASSETS AND LIABILITIES
section: 24
title: Transfer of property, assets and liabilities to National Heritage Board
content:
24. —(1) As from 1 July 2009, all movable and immovable property vested in the Preservation of Monuments Board and all assets, interests, rights, privileges, liabilities and obligations of that Board are transferred to and vest in the National Heritage Board without further assurance, act or deed. (2) Any immovable property to be transferred to and vested in the National Heritage Board under subsection (1) is held by that Board upon such tenure and subject to any terms and conditions that the President may determine. (3) Every proceedings by or against the Preservation of Monuments Board which are pending on 1 July 2009 may be continued, completed and enforced by or against the National Heritage Board. (4) Every agreement relating to any of the transferred properties to which the Preservation of Monuments Board was a party immediately before 1 July 2009, whether or not of such nature that the rights and liabilities thereunder could be assigned, is to have effect as from that date as if — ( a ) the National Heritage Board had been a party to such an agreement; and ( b ) for any reference to the Preservation of Monuments Board there were substituted in respect of anything to be done on or after 1 July 2009 a reference to the National Heritage Board. (5) To avoid doubt — ( a ) any reference in this Part to property vested in the Preservation of Monuments Board is a reference to such property of that Board whether situated in Singapore or elsewhere; and ( b ) any such reference to rights and liabilities of the Preservation of Monuments Board is a reference to such rights to which that Board is entitled or (as the case may be) such liabilities to which that Board is subject, whether under the laws of Singapore or any country outside Singapore and includes rights and liabilities arising under loans raised by that Board.


document_id: pma-2009
provision_ref: s25
chapter: PART 5 - TRANSFER OF PROPERTY, ASSETS AND LIABILITIES
section: 25
title: Existing contracts
content:
25. All deeds, bonds, agreements, instruments and arrangements subsisting immediately before 1 July 2009 which the Preservation of Monuments Board is a party continue in force on and after that date and are enforceable by or against the National Heritage Board as if the National Heritage Board had been named therein or had been a party thereto instead of the Preservation of Monuments Board.


document_id: pma-2009
provision_ref: s26
chapter: PART 5 - TRANSFER OF PROPERTY, ASSETS AND LIABILITIES
section: 26
title: No breach or default because of transfer
content:
26. —(1) The operation of this Part shall not be regarded — ( a ) as a breach of contract or confidence or otherwise as a civil wrong; ( b ) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; or ( c ) as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability. (2) The operation of section 24 shall not be regarded as an event of default under any contract or other legal instrument. (3) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Preservation of Monuments Board is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, rights, obligations or liabilities comprised in the undertaking transferred under this Part is deemed by this Act to have been waived by this Act.


document_id: pma-2009
provision_ref: s27
chapter: PART 6 - MISCELLANEOUS
section: 27
title: Powers of entry and enforcement
content:
27. —(1) The Director or a Monument Inspector may, at any reasonable time without warrant and without using force, enter upon any land or site for the purpose of — ( a ) inspecting any national monument or proposed national monument thereon; ( b ) investigating into any contravention or suspected contravention of this Act; ( c ) ascertaining whether any of the functions or powers conferred by or under this Act on the Board should or may be exercised; and ( d ) taking any action or carrying out any work authorised or required by or under this Act. [36/2021] (1A) The power conferred on the Director or a Monument Inspector under subsection (1)( a ), ( b ) or ( c ) includes the following powers: ( a ) to examine any thing or observe any activity conducted in or on the land or site in question without involving any search of any premises, thing or person, or any seizure of any thing, in or on that land or site; ( b ) to make a sketch, photograph or still or moving image, or an audio or a video recording, of the land or site in question and any thing in or on that land or site; ( c ) to make measurements of the land in question and any thing in or on that land; ( d ) to take samples of water, soil, vegetation or other similar substances from the land or site in question and any thing in or on that land or site for the purposes of analysis. [36/2021] (1B) The Director or a Monument Inspector entering any land or site for any purpose in subsection (1)( a ), ( b ), ( c ) or ( d ) may be accompanied by a number of other persons reasonably necessary for that purpose. [36/2021] (2) In addition to the powers conferred on him or her by this Act, the Director or a Monument Inspector may, in relation to any offence under this Act — ( a ) require any person whom the Director or Monument Inspector reasonably believes to have committed that offence to furnish evidence of the person’s identity; ( b ) require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from such book or document; or ( c ) require, by written order, the attendance at such time and place as may be specified in the order of any person within the limits of Singapore who, from any information given or otherwise obtained by the Director or Monument Inspector, appears to be acquainted with the circumstances of the case. (2A) However, where the Director or a Monument Inspector — ( a ) suspects on reasonable grounds that an offence under section 13(7), 15(4), 20(1)( a ) or 22(1) has been or is being committed in relation to any land or site; and ( b ) is unable to enter, or is refused entry to, the land or site under subsection (1), the Director or Monument Inspector may forcibly enter the land or site without warrant for any purpose in subsection (1)( a ), ( b ), ( c ) or ( d ), including by breaking open any outer or inner door or window leading to the land or site and removing by force any obstruction to the entry. [36/2021] (2B) If the owner or occupier of the land or site is present when the Director or a Monument Inspector seeks to enter the land or site under subsection (1) or (2A), the Director or Monument Inspector (as the case may be) must, before entering — ( a ) declare his or her office to the owner or occupier; and ( b ) show to the owner or occupier the identification card that the chief executive officer of the Board directs to be carried by the Director or Monument Inspector as proof of identity. [36/2021] (2C) If the owner or occupier of the land or site is not present when entry under subsection (1) or (2A) to the land or site is sought, but some other person who appears to be in charge of the land or site is present, then subsections (1) and (2A) respectively, apply to that other person as if he or she were the owner or occupier of the land or site. [36/2021] (2D) However, subsections (2B) and (2C) do not apply if the land or site in question is unoccupied at the time of entry. [36/2021] (3) Any person who — ( a ) refuses to give access to, or assaults, obstructs, hinders or delays, the Director or a Monument Inspector in the discharge of the Director’s or Monument Inspector’s duties under this Act; ( b ) wilfully misstates or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of him or her by the Director or a Monument Inspector under subsection (2); or ( c ) fails to comply with a lawful demand of the Director or a Monument Inspector in the discharge of the Director’s or Monument Inspector’s duties under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pma-2009
provision_ref: s28
chapter: PART 6 - MISCELLANEOUS
section: 28
title: Powers of arrest
content:
28. —(1) The Director, a Monument Inspector or a police officer may arrest any person whom he or she has reason to believe to be committing or to have committed an offence punishable under this Act if — ( a ) the name and address of the person are unknown to him or her; ( b ) the person declines to give the person’s name and address; or ( c ) there is reason to doubt the accuracy of the name and address given. (2) A person arrested under this section may be detained until his or her name and address are correctly ascertained. (3) A person arrested under this section must not be detained longer than is necessary for bringing the person before a court unless the order of a court for his or her continued detention is obtained.


document_id: pma-2009
provision_ref: s29
chapter: PART 6 - MISCELLANEOUS
section: 29
title: Offences by bodies corporate, etc.
content:
29. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if he or she were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of the officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership within the meaning of section 4(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: pma-2009
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS
section: 30
title: Jurisdiction of court
content:
30. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: pma-2009
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS
section: 31
title: Composition of offences
content:
31. —(1) The Director or any officer of the Board authorised by the Director may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding — ( a ) one half of the amount of the maximum fine that is prescribed for the offence; or ( b ) $5,000, whichever is the lower. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund. [36/2021]


document_id: pma-2009
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS
section: 32
title: General exemption
content:
32. The Board may, with the approval of the Minister, by order in the Gazette , either permanently or for such period as the Board may think fit, exempt any monument or person or any class of monuments or persons from all or any of the provisions of this Act.


document_id: pma-2009
provision_ref: s33
chapter: PART 6 - MISCELLANEOUS
section: 33
title: Authentication of documents
content:
33. —(1) Where any notice, order or other document required or authorised by this Act to be served on any person requires authentication, the signature of the Director, a Monument Inspector or any other duly authorised officer or employee of the Board or an official facsimile of such signature appended to the notice, order or document is sufficient authentication. (2) In any proceedings under this Act, the contents of any such notice, order or document are presumed to be correct until the contrary is proved.


document_id: pma-2009
provision_ref: s34
chapter: PART 6 - MISCELLANEOUS
section: 34
title: Service of documents
content:
34. —(1) Any notice, order or document required or authorised by this Act to be served on any person may be served on the person — ( a ) by delivering it to the person or to some adult member or employee of his or her family or household at his or her last known place of residence; ( b ) by leaving it at his or her usual or last known place of residence or place of business in an envelope addressed to the person; ( c ) by sending it by registered post addressed to the person at his or her usual or last known place of residence or place of business; or ( d ) in the case of an incorporated company, a partnership or a body of persons — (i) by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business. (2) Any notice, order or document sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order or document (as the case may be) would in the ordinary course of post be delivered and, in proving service of the notice, order or document, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post. (3) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order or document to some conspicuous part of the premises. (4) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.


document_id: pma-2009
provision_ref: s35
chapter: PART 6 - MISCELLANEOUS
section: 35
title: Regulations
content:
35. —(1) The Board may, with the approval of the Minister, make regulations for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed. (2) Without limiting subsection (1), the purposes for which regulations may be made under this section include the following: ( a ) to prohibit or to control and regulate the carrying out of any work on or in relation to a national monument or proposed national monument; ( b ) to prohibit or to control and regulate the use of a national monument or proposed national monument for any particular purpose; ( c ) to prohibit or to control and regulate the doing of any particular act in relation to a national monument or proposed national monument (including the placement or display of signs, banners, posters, buntings, flags or any other advertising material on a national monument or proposed national monument); ( d ) to provide for the preservation and protection of any fitting, fixture, artefact or other movable object that is found in, is attached to or forms part of a national monument or proposed national monument; ( e ) to prescribe additional duties to be imposed on the owner or occupier of a national monument or proposed national monument in relation to the preservation, protection and use of the national monument or proposed national monument. [36/2021] (3) Regulations made under this section — ( a ) may provide that any contravention of, or failure or neglect to comply with, any provision of such regulations shall be an offence; ( b ) may prescribe the fine with which the offence shall be punishable, except that no such fine shall exceed for any one offence, the sum of $5,000 and, in the case of a continuing offence, the sum of $100 for every day or part of a day during which the offence continues after conviction; and ( c ) may prescribe the offences which may be compounded under section 31. (4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pma-2009
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS
section: 36
title: Saving and transitional provisions
content:
36. —(1) To avoid doubt — ( a ) every preservation order made under section 8 of the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) is deemed to have been made under section 11 of this Act; ( b ) any permission, approval, decision, notice, order (not being a preservation order) or other document prepared, made, granted, issued and any act or thing done under or pursuant to the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) and valid immediately before 1 July 2009 is deemed to have been prepared, made, granted, issued or done under or pursuant to the corresponding provision of this Act and continues to have effect accordingly; ( c ) any application, request, objection or appeal made to the Preservation of Monuments Board or the Minister under any provision of the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) on which the decision of that Board or the Minister has not been made immediately before 1 July 2009 is deemed to have been made and is to be dealt with under the corresponding provision of this Act; ( d ) the powers conferred on the National Heritage Board, the Director or a Monument Inspector by this Act may be exercised in respect of any breach, contravention or non‑compliance of or under the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) as if it were a breach, contravention or non-compliance of or under the corresponding provision of this Act, except any offence committed under the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) before 1 July 2009 is to be dealt with in accordance with the provisions of that Act as if this Act had not been enacted; and ( e ) any enforcement process or proceedings commenced, pending or existing immediately before 1 July 2009 in connection with any breach, contravention or non‑compliance of or under the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) may be continued and disposed of under the provisions of that Act as if this Act had not been enacted. (2) Insofar as it is necessary for preserving the effect of any written law or document, any reference in the written law or document to the repealed Preservation of Monuments Act (Cap. 239, 1985 Revised Edition) is to, unless the context otherwise requires, be construed as a reference to this Act.


document_id: pmo-1910
provision_ref: s2
section: 2
title:
The Agent or Procurator of the Commission for the Administration of the Estates of the Portuguese Missions in China at Singapore to be a body corporate

content:
2. —(1) Antonio Augusto Cardozo, Agent at Singapore, and his successors for the time being in the office of Agent at Singapore of the Commission for the Administration of the Estates of the Portuguese Missions in China, duly qualified as hereinafter provided, shall be a body corporate, hereinafter called the Corporation, and shall for the purposes of this Ordinance have the name of “The Agent of the Commission for the Administration of the Estates of the Portuguese Missions in China at Singapore”, and by that name have perpetual succession and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered and made anew as to the Corporation seems fit.


document_id: pmo-1910
provision_ref: s3
section: 3
title: Vesting clause as to properties in Schedules referred to
content:
3. Subject to section 8, all the properties comprised in the Schedules are hereby vested in the Corporation for the residue of the term of years under which the same are held for the use and behoof of the Portuguese Missions in China.


document_id: pmo-1910
provision_ref: s4
section: 4
title: Powers of the Corporation relative to properties
content:
4. The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description within the Colony, and sell, convey, assign, exchange, surrender, yield up, mortgage, demise, re‑assign, transfer or otherwise howsoever dispose of or deal with any movable or immovable property vested in the Corporation upon such terms as to the Corporation seem fit.


document_id: pmo-1910
provision_ref: s5
section: 5
title: Powers of suing and being sued
content:
5. —(1) The Corporation may sue and be sued and take all legal proceedings in any of the Courts of the Colony by the name of “The Agent of the Commission for the Administration of the Estates of the Portuguese Missions in China at Singapore”. (2) All originating claims, notices and legal process may be served upon the Corporation by being left at the residence for the time being in Singapore of the Corporation. [Act 25 of 2021 wef 01/04/2022]


document_id: pmo-1910
provision_ref: s6
section: 6
title: Qualifications of the Agent before acting
content:
6. —(1) No person other than the said Antonio Augusto Cardozo shall be deemed to be duly qualified as aforesaid unless and until he has been duly appointed to fill the office of the Agent of the Commission for the Administration of the Estates of the Portuguese Missions in China at Singapore by the Bishop of Macao, as President of the aforesaid Commission, by instrument in writing, and such instrument has been produced to the Minister and the same approved by him and unless and until a notification of such approval has appeared in the Gazette . (2) Such notification shall be sufficient evidence of the appointment and that the person named therein is duly qualified as by this Ordinance is required.


document_id: pmo-1910
provision_ref: s7
section: 7
title: Execution of deeds, etc.
content:
7. —(1) No deed, document or other instrument sealed with the seal of the Corporation shall be deemed to be duly sealed unless such seal has been affixed in the presence of the said Antonio Augusto Cardozo or his attorney duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886, or in the presence of his successor for the time being in his said office of Agent of the Commission for the Administration of the Estates of the Portuguese Missions in China at Singapore, and duly qualified as aforesaid, or his attorney duly authorised as aforesaid, and unless such deed, document or other instrument is signed by the said Antonio Augusto Cardozo or his attorney as aforesaid or a successor in his said office, or the attorney of such successor authorised as aforesaid. (2) Such signing shall be taken as sufficient evidence of the due sealing of such deed or document or other instrument.


document_id: pmo-1910
provision_ref: s8
section: 8
title: Saving of Government and other rights
content:
8. Nothing in this Ordinance shall affect the rights of the Government, or any bodies politic or corporate or of any other persons, except such as are mentioned in this Ordinance, and those claiming by, from and under them or any of the legal personal representatives of the said Isaiah Zechariah, Joaquim Joz&#233; Leite, Liete or Letta, Nicholao Rodrigues Pereira de Borja or Manuel Louren&#231;o de Gouv&#234;a or any persons claiming by, through, from, or under them. [7/97]


document_id: poa-1951
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act — “approved institution” means an institution approved under section 12; “Chief Probation Officer” means the person appointed to be the Chief Probation Officer under section 3; “community service officer” means any officer appointed as a community service officer under section 346(9)( a ) of the Criminal Procedure Code 2010; “court” does not include a court martial; “police officer” has the same meaning as in the Police Force Act 2004; “prison officer” has the same meaning as in the Prisons Act 1933 and includes the Commissioner of Prisons and a Superintendent of Prisons appointed under that Act; “probation committee” means a group of persons appointed to carry out the duties under section 4; “probation officer” means a person appointed to be a probation officer under section 3; “probation order” has the meaning assigned to it by section 5; “probation period” means the period for which a probationer is placed under supervision by a probation order; “probationer” means a person for the time being under supervision by virtue of a probation order; “volunteer probation officer” means a person appointed to be a volunteer probation officer under section 3(2); and references to any court by which a probation order or an order for conditional discharge was made shall include where that court no longer exists references to a court exercising the same jurisdiction as the court by which the order was made. [15/2010; 1/2014]


document_id: poa-1951
provision_ref: s3
section: 3
title: Appointment of Chief Probation Officer and probation officers
content:
3. —(1) The Minister may appoint a Chief Probation Officer and such number of probation officers as may be necessary for the purposes of this Act. (2) The Minister may, on such terms and conditions as he thinks fit, appoint a person who is not employed as a police officer or prison officer to be a volunteer probation officer. (3) The Chief Probation Officer shall have and shall be entitled to exercise, in addition to the powers vested in him by virtue of this Act or any rules made thereunder, all the powers of a probation officer. (4) All persons appointed under this section shall be deemed to be public servants within the meaning of the Penal Code 1871.


document_id: poa-1951
provision_ref: s4
section: 4
title: Probation committees
content:
4. The Minister may appoint a probation committee or committees consisting of such persons as he thinks fit, who shall review the work of probation officers and volunteer probation officers in individual cases, and perform such duties in connection with probation as may be prescribed by rules made under this Act.


document_id: poa-1951
provision_ref: s5
section: 5
title: Probation
content:
5. —(1) Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of the opinion that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, instead of sentencing him, make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer or a volunteer probation officer for a period to be specified in the order of not less than 6 months nor more than 3 years: Provided that where a person is convicted of an offence for which a specified minimum sentence or mandatory minimum sentence of imprisonment or fine or caning is prescribed by law, the court may make a probation order if the person — ( a ) has attained 18 years of age but has not attained 21 years of age at the time of his conviction; and [Act 30 of 2019 wef 30/12/2025] ( b ) has not been previously convicted of any such offence referred to in this proviso, and for this purpose section 11(1) shall not apply to any such previous conviction. [7/89; 37/93] (2) A probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers necessary for securing the good conduct of the offender or for preventing a repetition by him of the same offence or the commission of other offences: Provided that (without prejudice to the power of the court to make an order under section 10(2)) the payment of sums by way of damages for injury or compensation for loss shall not be included among the requirements of a probation order. (3) Without prejudice to the generality of subsection (2), a probation order may include — ( a ) requirements relating to the residence of the offender; or ( b ) a requirement that the offender performs such unpaid community service under the supervision of a community service officer. [15/2010] (4) Before making a probation order containing any such requirements referred to in subsection (3)( a ), the court shall consider the home surroundings of the offender; and where the order requires the offender to reside in an approved institution, the name of the institution and the period for which he is so required to reside shall be specified in the order, and that period shall not extend beyond 12 months from the date of the order. [15/2010] (5) A court shall only include the requirement referred to in subsection (3)( b ) if it is satisfied that — ( a ) based on the mental and physical condition of the offender, the offender is a suitable person to perform community service of a type which is specified in the Fifth Schedule to the Criminal Procedure Code 2010; and ( b ) suitable arrangements can be made for him to perform such community service. [15/2010] (6) A court must, before including the requirement referred to in subsection (3)( b ), call for a report from a community service officer regarding the suitability of the offender to perform community service. [15/2010] (7) The number of hours which an offender has to perform community service shall be specified in the probation order and shall not exceed the prescribed maximum hours of community service which an offender may be required to perform community service under a community service order referred to in section 346 of the Criminal Procedure Code 2010. [15/2010] (8) If a probation order in relation to an offender requires an offender to perform community service, it shall also be a requirement of the probation order that the offender complies with the obligations referred to in section 347 of the Criminal Procedure Code 2010 as if he were a person in respect of whom a community service order is made under section 346 of that Code. [15/2010] (9) Before making a probation order, the court shall explain to the offender in ordinary language the effect of the order (including any additional requirements proposed to be inserted therein under subsection (2) or (3)) and that if he fails to comply therewith or commits another offence he will be liable to be sentenced for the original offence; and if the offender is not less than 18 years of age the court shall not make the order unless he expresses his willingness to comply with the requirements thereof. [Act 30 of 2019 wef 30/12/2025] (10) Where a woman or girl is placed under the supervision of a probation officer or volunteer probation officer, the probation officer or volunteer probation officer, as the case may be, shall be a woman. (11) The court by which a probation order is made under this section shall forthwith give copies of the order to the Chief Probation Officer who shall give a copy thereof to — ( a ) the probationer; ( b ) the probation officer or volunteer probation officer who is to be responsible for the supervision of the probationer; and ( c ) the person in charge of any institution in which the probationer is required by the order to reside.


document_id: poa-1951
provision_ref: s6
section: 6
title: Discharge, amendment and review of probation orders
content:
6. —(1) The court by which a probation order is made under section 5 may, upon application made by — ( a ) the probationer; or ( b ) the probation officer or volunteer probation officer who is responsible for the supervision of the probationer, discharge the order. (2) A court may, upon application made by the probation officer or volunteer probation officer or by the probationer, by order amend a probation order by cancelling any of the requirements thereof or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by that court in accordance with section 5: Provided that — ( a ) the court shall not amend a probation order by reducing the probation period, or by extending that period beyond the end of 3 years from the date of the original order; and ( b ) the court shall not so amend a probation order that the probationer is thereby required to reside in an approved institution, for any period exceeding 12 months in all. (3) Where the court proposes to amend a probation order under this section, otherwise than on the application of the probationer, it shall summon him to appear before the court, and if the probationer is not less than 18 years of age, the court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended: Provided that this subsection shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement. [Act 30 of 2019 wef 30/12/2025] (4) Where a court discharges or amends a probation order under this section, the clerk to the court shall forthwith give copies of the discharging or amending order to the Chief Probation Officer who shall give a copy thereof to — ( a ) the probationer; ( b ) the probation officer or volunteer probation officer responsible for the supervision of the offender; and ( c ) the person in charge of any institution in which the probationer was required by the probation order as originally made or is required by the amending order to reside. (5) A volunteer probation officer shall not make an application for the discharge or an amendment of a probation order under subsection (1) or (2), as the case may be, without the prior approval of the Chief Probation Officer. (6) Where a probation order, whether as originally made under section 5 or as amended under this section, requires a probationer to reside in an approved institution for a period extending beyond 6 months from the date of the order as originally made or amended, as the case may be, the probation officer or volunteer probation officer who is responsible for the supervision of the probationer shall, as soon as possible after the expiration of 6 months from that date, report to the court on the case. (7) On receipt of any such report, the court shall review the probation order for the purpose of considering whether to cancel the requirement as to residence or reduce the period thereof, and may, if it thinks fit, amend the order accordingly without the necessity for any application in that behalf. (8) Where, under the following provisions of this Act, a probationer is sentenced for the offence for which he was placed on probation, the probation order shall cease to have effect.


document_id: poa-1951
provision_ref: s7
section: 7
title: Breach of requirements of probation order
content:
7. —(1) If at any time during the probation period it appears on information to a magistrate that the probationer has failed to comply with any of the requirements of the order the magistrate may issue a summons requiring the probationer to appear before a Magistrate’s Court. (2) If it is proved to the satisfaction of the Magistrate’s Court before which a probationer appears or is brought under this section that the probationer has failed to comply with any requirement of the probation order, that Court may without prejudice to the continuance of the probation order impose on him a fine not exceeding $1,000 or order that the probationer be detained in prison for a period which shall not exceed 14 days, or the Court may — ( a ) if the probation order was made by a Magistrate’s Court, deal with the probationer for the offence in respect of which the probation order was made in any manner in which the Court could deal with him if it had just convicted him of the offence; ( b ) if the probation order was made by the General Division of the High Court or a District Court, commit him to custody or release him on bail (with or without sureties) until he can be brought or appears before the General Division of the High Court or the District Court by which the probation order was made. [7/89; 15/2010; 40/2019] (3) Where the Magistrate’s Court deals with the case as provided in subsection (2)( b ) then — ( a ) the Magistrate’s Court shall send to the General Division of the High Court or the District Court a certificate signed by the magistrate certifying that the probationer has failed to comply with such requirements of the probation order as may be specified in the certificate together with such other particulars of the case as may be desirable, and a certificate purporting to be so signed shall be admissible as evidence of the failure before the General Division of the High Court or the District Court; and ( b ) where the probationer is brought or appears before the General Division of the High Court or a District Court and it is proved to the satisfaction of the General Division of the High Court or the District Court that he has failed to comply with any of the requirements of the probation order the General Division of the High Court or the District Court may deal with him for the offence in respect of which the probation order was made in any manner in which the General Division of the High Court or the District Court could deal with him if he had just been convicted before the General Division of the High Court or the District Court of that offence. [40/2019]


document_id: poa-1951
provision_ref: s8
section: 8
title: Absolute and conditional discharge
content:
8. —(1) Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of the opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court may make an order discharging him absolutely, or if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding 12 months from the date of the order, as may be specified therein: Provided that where a person is convicted of an offence for which a specified minimum sentence or mandatory minimum sentence of imprisonment or fine or caning is prescribed by law, the court may make an order discharging a person absolutely or an order for conditional discharge if the person — ( a ) has attained 18 years of age but has not attained 21 years of age at the time of his conviction; and [Act 30 of 2019 wef 30/12/2025] ( b ) has not been previously convicted of any such offence referred to in this proviso, and for this purpose section 11(1) shall not apply to any such previous conviction. [37/93] (2) An order discharging a person subject to such a condition is referred to in this Act as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”. (3) Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence. (4) Where, under the following provisions of this Act, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.


document_id: poa-1951
provision_ref: s9
section: 9
title: Commission of further offence
content:
9. —(1) If it appears to a judge or magistrate on whom jurisdiction is hereinafter conferred that a probationer or a person in whose case an order for conditional discharge has been made has been convicted by any court in Singapore of an offence committed during the probation period or during the period of conditional discharge and has been dealt with in respect of that offence, the judge or magistrate may fix a hearing date to determine whether the person is in breach of a probation order and may at any time issue a summons requiring that person to appear at the place and time specified therein, or may issue a warrant for his arrest: Provided that a magistrate shall not issue such a warrant except on information in writing. [15/2010] (2) The following persons shall have jurisdiction for the purposes of subsection (1): ( a ) if the probation order or the order for conditional discharge was made by the General Division of the High Court, a Judge sitting in the General Division of the High Court; ( b ) if the order was made by a District Court, a District Judge; ( c ) if the order was made by a Magistrate’s Court or Youth Court, a magistrate. [16/93; 27/2014; 40/2019] (3) A summons or warrant issued under this section shall direct the person so convicted to appear or be brought before the court by which the probation order was made. (4) If a person in whose case a probation order or an order for conditional discharge has been made by the General Division of the High Court or a District Court is convicted and dealt with by any Magistrate’s Court in respect of an offence committed during the probation period or during the period of conditional discharge, the Magistrate’s Court may commit him to custody or release him on bail (with or without sureties) until he can be brought or appears before the court by which the order was made; and if it does so the Magistrate’s Court shall send to the General Division of the High Court or the District Court a copy of the minute or memorandum of the conviction entered in the register, signed by the magistrate. [40/2019] (5) Where it is proved to the satisfaction of the court by which a probation order or an order for conditional discharge was made that the person in whose case that order was made has been convicted and dealt with in respect of an offence committed during the probation period or during the period of conditional discharge, as the case may be, that court may deal with him, for the offence for which the order was made, in any manner in which that court could deal with him if he had just been convicted by that court of that offence. (6) If a person in whose case a probation order or an order for conditional discharge has been made by a Magistrate’s Court is convicted before the General Division of the High Court or a District Court or another Magistrate’s Court of an offence committed during the probation period or during the period of conditional discharge, the General Division of the High Court or the District Court or such other Magistrate’s Court may deal with him, for the offence for which the order was made, in any manner in which the Magistrate’s Court by which the order was made could deal with him if it had just convicted him of that offence. [40/2019]


document_id: poa-1951
provision_ref: s10
section: 10
title: Supplementary provisions as to probation and discharge
content:
10. —(1) Without prejudice to section 49(1)( d ) of the Children and Young Persons Act 1993 (which enables a court to order the parent or guardian of a child or young person charged with an offence to give security for his good behaviour), any court may, on making a probation order or an order for conditional discharge under this Act, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to give security for the good behaviour of the offender. [20/2001] (2) A court, on making a probation order or an order for conditional discharge or on discharging an offender absolutely under this Act, may, without prejudice to its power of awarding costs against him, order the offender to pay such damage for injury or compensation for loss as the court thinks reasonable; but, in the case of an order made by a Magistrate’s Court, the damages and compensation together shall not exceed $500. (3) An order for the payment of damages or compensation as aforesaid may be enforced in like manner as an order for the payment of costs by the offender; and where the court, in addition to making such an order for the payment of damages or compensation to any person, orders the offender to pay to that person any costs, the orders for the payment of damages or compensation and for the payment of costs may be enforced as if they constituted a single order for the payment of costs. (4) Where a court makes any order under this section and the offender is below 18 years of age, the order must be enforced against the offender’s parent or guardian, unless the court is satisfied that the parent or guardian cannot be found or that the parent or guardian has not contributed to the commission of the offence by the offender by neglecting to exercise due care over the offender. [Act 30 of 2019 wef 30/12/2025]


document_id: poa-1951
provision_ref: s11
section: 11
title: Effects of probation and discharge
content:
11. —(1) Subject as hereinafter provided, a conviction for an offence for which an order is made under this Act placing the offender on probation or discharging him absolutely or conditionally shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under the foregoing provisions of this Act: Provided that where an offender, being not less than 18 years of age at the time of his conviction for an offence for which he is placed on probation or conditionally discharged as aforesaid, is subsequently sentenced under this Act for that offence, this subsection shall cease to apply to the conviction. [Act 30 of 2019 wef 30/12/2025] (2) Without prejudice to subsection (1), the conviction of an offender who is placed on probation or discharged absolutely or conditionally as aforesaid shall in any event be disregarded for the purposes of any written law which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability. (3) Subsections (1) and (2) shall not affect — ( a ) any right of any such offender to appeal against his conviction, or to rely thereon in bar of any subsequent proceedings for the same offence; or ( b ) the revesting or restoration of any property in consequence of any order made on the conviction of any such offender.


document_id: poa-1951
provision_ref: s12
section: 12
title: Approved institutions
content:
12. The Minister may by order approve premises for the reception of persons who may be required to reside therein by a probation order, and such premises shall be known as “approved institutions”.


document_id: poa-1951
provision_ref: s13
section: 13
title: Rules
content:
13. —(1) The Minister may by order make rules providing for — ( a ) the duties of the Chief Probation Officer; ( b ) the duties of probation officers and volunteer probation officers; ( c ) the constitution and duties of a probation committee or probation committees; ( d ) the regulation, management and inspection of approved institutions; ( e ) the form of records to be kept under this Act; ( f ) the fees and charges to be made for any act, matter or thing under this Act to be done or observed; ( g ) the carrying into effect generally of the purposes and provisions of this Act. (2) All rules made under this section shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the rules are so presented annulling the rules or any part thereof as from a specified date, the rules or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.


document_id: poa-2009
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “act of terrorism” means any of the following: ( a ) a terrorist bombing offence within the meaning of the Terrorism (Suppression of Bombings) Act 2007; ( b ) a terrorist act within the meaning of the Terrorism (Suppression of Financing) Act 2002; “assembly” means a gathering or meeting (whether or not comprising any lecture, talk, address, debate or discussion) of persons the purpose (or one of the purposes) of which is — ( a ) to demonstrate support for or opposition to the views or actions of any person, group of persons or any government; ( b ) to publicise a cause or campaign; or ( c ) to mark or commemorate any event, and includes a demonstration by a person alone for any purpose mentioned in paragraph ( a ), ( b ) or ( c ); “authorised officer”, in relation to any provision in this Act or the regulations, means any police officer authorised in that behalf by the Commissioner for the purposes of that provision; “Commissioner” means the Commissioner of Police appointed under the Police Force Act 2004; “copy”, in relation to a film, means any article or thing in which the visual images or sounds comprising the film are embodied; “declaration” means a declaration made by — ( a ) the Commissioner under section 21; or ( b ) the Minister under section 21 read with section 21A, as the case may be; “enhanced security special event” means a special event that is the subject of a declaration made by the Minister; “event” includes any rehearsal, sound and light testing and other ancillary activities necessary and incidental to an event; “event organiser”, for an event, means a person who is responsible (whether fully or substantially) for the organisation and holding of the event and the receipt of revenue from the event, if any; “permit” means a permit granted under section 7 in respect of a public assembly or public procession; “place” includes any motor vehicle, train, vessel, aircraft or other conveyance; “procession” means a march, parade or other procession, whether or not involving the use of vehicles or other conveyances — ( a ) comprising 2 or more persons gathered at a place of assembly to move from that place substantially as a body of persons in succession proceeding by a common route or routes; and ( b ) the purpose (or one of the purposes) of which is — (i) to demonstrate support for or opposition to the views or actions of any person, group of persons or any government; (ii) to publicise a cause or campaign; or (iii) to mark or commemorate any event, and includes any assembly held in conjunction with such procession, and a march by a person alone for any purpose mentioned in paragraph ( b )(i), (ii) or (iii); “prohibited area” means any area that is specified in an order made under section 12; “public assembly” means an assembly held or to be held in a public place or to which members of the public in general are invited, induced or permitted to attend; “public place” means — ( a ) any place (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, whether or not access to the place may be restricted at particular times or for particular purposes, and whether or not it is an “approved place” within the meaning of the Public Entertainments Act 1958; or ( b ) a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public; “public procession” means a procession in, to or from a public place; “regulated place” means any place to which Part 4 applies; “security officer” means an individual who is a licensed security officer within the meaning of the Private Security Industry Act 2007; “special event” means an event declared by the Commissioner or the Minister (as the case may be) to be a special event; “special event area”, in relation to a special event, means, for the period the declaration by the Commissioner or the Minister (as the case may be) for the event is in force — ( a ) the place or places stated in the declaration as the location or locations at which the event is or is to be; and ( b ) any place reasonably incidental to the holding of the event; “unrestricted area” means a public place specified in an order made under section 14. [23/2017; 28/2017] (2) Any reference in this Act to an assembly or a procession that is unlawful under Part 2 is a reference to an assembly or a procession — ( a ) in respect of which no permit has been granted under section 7 or no such permit is in force; ( b ) which is held — (i) on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or (ii) in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; ( c ) which is not in compliance with any requirement imposed by section 8(1) or any condition imposed under section 8(2) on organisers or persons taking part in that assembly or procession; ( d ) which is held within a prohibited area and the holding thereof is prohibited by an order under section 12(1); ( e ) the holding of which is prohibited by an order or a notification under section 13(1) or (2); or ( f ) which is held within an unrestricted area and the holding thereof is not in accordance with any condition that applies by virtue of section 14 to the organising or taking part in the assembly or procession.


document_id: poa-2009
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meanings of “organising” and “taking part in”
content:
3. —(1) In this Act, a reference to a person organising an assembly or a procession is a reference to a person who is responsible for holding, convening, forming or collecting the assembly or procession, and includes — ( a ) any person who assists or promotes the holding, convening, forming or collecting of any assembly or procession; and ( b ) where any person will receive revenue from the sale (if any) of tickets to the assembly or procession, that person, but does not include a person carrying on a demonstration by himself or herself or marching alone. (2) A reference to a person or persons taking part in an assembly or a procession includes (as the case may be) a person carrying on a demonstration by himself or herself, or a march by a person alone, for any purpose mentioned in the definitions of an assembly and a procession, respectively, in section 2(1).


document_id: poa-2009
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Commissioner and authorised officers
content:
4. —(1) The Commissioner is, subject to any general or special directions of the Minister, responsible for the administration of this Act and may perform the duties that are imposed and may exercise the powers that are conferred upon the Commissioner by this Act. (2) The Minister may give the Commissioner directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the Commissioner by, and the duties required to be discharged by the Commissioner under, this Act; and the Commissioner must give effect to the directions given. (3) The Commissioner may delegate the exercise of all or any of the powers conferred or duties imposed upon the Commissioner by this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to the conditions or limitations that are set out in this Act or that the Commissioner may specify by directions; and any reference in this Act to the Commissioner includes a reference to such an authorised officer. (4) In exercising any powers or duties under a delegation under subsection (3), an authorised officer must comply with any direction of the Commissioner.


document_id: poa-2009
provision_ref: s5
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 5
title: Regulation of public assemblies and public processions
content:
5. —(1) Subject to the provisions of this Act, a public assembly and a public procession must not take place unless — ( a ) the Commissioner is notified under section 6 of the intention to hold the public assembly or public procession, and a permit is granted under section 7 in respect of that public assembly or public procession, as the case may be; and ( b ) the holding of that public assembly or public procession is not prohibited under section 12 or 13. (2) This section does not apply to — ( a ) an assembly or a procession exempted from this section under section 46; and ( b ) an assembly or a procession within any part of an unrestricted area not falling within a special event area of an enhanced security special event. [23/2017]


document_id: poa-2009
provision_ref: s6
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 6
title: Advance notice of public assembly or public procession
content:
6. —(1) Notice of intention to organise a public assembly or public procession must be given in accordance with subsections (2) and (3) to the Commissioner in the prescribed manner accompanied by an application for a permit in respect of that assembly or procession, as the case may be. (2) Notice under this section must be given not less than the prescribed period before the date on which the assembly or procession (as the case may be) is to be held. (3) Notice under this section must — ( a ) be given in writing in such form as may be prescribed; ( b ) be given — (i) if it is a demonstration carried on by a person by himself or herself or a march by a person alone, by that person; and (ii) in any other case, by any of the organisers of the assembly or procession; and ( c ) contain all the following particulars: (i) the location, date and time where and when the assembly or procession (as the case may be) is to be held and the estimated time at which it will disband; (ii) in the case of a procession, the location, time of commencement and duration of any assembly to be held in conjunction with the procession and the route, the places (if any) at which the procession will halt and time for which it will remain stationary in each such place; (iii) the number of persons likely to take part in it; (iv) the purpose of the assembly or procession; (v) the name, address and telephone number of the organiser of the assembly or procession, and of a person able to act (if necessary) in place of the organiser for the purposes of section 8(1)( a ); (vi) the arrangements for its control being made by the person proposing to organise it; (vii) such other particulars and information relating to the assembly or procession as may be prescribed; (viii) such other particulars and information relating to that particular assembly or procession (as the case may be) as the Commissioner may require. (4) Despite subsection (2), the Commissioner may, and must in any case where the Commissioner is reasonably satisfied that earlier notice could not have been given, accept shorter notice than is as mentioned in that subsection. (5) In cases where the Commissioner has decided not to accept shorter notice than is as mentioned in subsection (2), the Commissioner must as soon as practicable inform in writing the person purporting to give such notice of the Commissioner’s decision.


document_id: poa-2009
provision_ref: s6A
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 6A
title: Advance notice of events having prescribed crowd size
content:
6A. —(1) Without affecting section 6, special notice of intention to organise an event (whether or not comprising or involving an assembly or a procession) must be given to the Commissioner in the prescribed manner, with the prescribed information, by any event organiser for the event if the event organiser reasonably expects more than a prescribed number of individuals to participate in or to attend the event at any time during the holding of the event. [23/2017] (2) Unless the Commissioner accepts shorter notice under subsection (3), special notice under this section must be given not less than the prescribed period — ( a ) before the proposed date of the event; or ( b ) in the case where the event is to take place during a proposed period, before the beginning of that proposed period. [23/2017] (3) The Commissioner may, and must in any case where the Commissioner is reasonably satisfied that earlier notice could not have been given, accept shorter notice than is as mentioned in subsection (2). [23/2017] (4) For the purposes of subsection (1), the Minister may prescribe different numbers of individuals for different classes of events. [23/2017] (5) An event organiser who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [23/2017]


document_id: poa-2009
provision_ref: s7
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 7
title: Permit for public assembly or public procession
content:
7. —(1) The Commissioner must, upon receipt of any notice and application under section 6 for a permit in respect of a proposed public assembly or public procession, have regard to the information provided in the notice and any other information available to the Commissioner in relation to the proposed public assembly or public procession (as the case may be) and may thereafter either — ( a ) grant a permit (with or without conditions) in respect of the proposed public assembly or public procession, as the case may be; or ( b ) refuse to grant a permit in respect of the proposed public assembly or public procession. (2) The Commissioner may refuse to grant a permit for a proposed public assembly or public procession in respect of which notice under section 6 has been given if the Commissioner has reasonable ground for apprehending that the proposed public assembly or public procession may — ( a ) occasion public disorder, or damage to public or private property; ( b ) create a public nuisance; ( c ) give rise to an obstruction in any public road; ( d ) place the safety of any person in jeopardy; ( e ) cause feelings of enmity, hatred, ill will or hostility between different groups in Singapore; ( f ) glorify the commission or preparation (whether in the past, in the future or generally) of acts of terrorism or any offence or otherwise have the effect of directly or indirectly encouraging or otherwise inducing members of the public to commit, prepare or instigate acts of terrorism or such an offence; ( g ) be held within or enter a prohibited area, or an area to which an order or a notification under section 13 applies; or ( h ) be directed towards a political end and be organised by, or involve the participation of, any of the following persons: (i) an entity that is not a Singapore entity; (ii) an individual who is not a citizen of Singapore. [23/2017] (3) During the period an activation order has effect under the Public Order and Safety (Special Powers) Act 2018, the Commissioner may refuse to issue any permit for or in respect of a public assembly or public procession to be held within or enter an area which is the target of a special authorisation granted under that Act as a result of the activation order. [26/2018] (4) In this section — “directed towards a political end” means — ( a ) promoting the interests of a political party or other group of persons organised, in Singapore or elsewhere, for political objects; ( b ) influencing, or seeking to influence, the outcome of elections or referendums, whether in Singapore or elsewhere; ( c ) influencing, or seeking to influence, the policies or decisions of national or regional governments, whether in Singapore or elsewhere; ( d ) influencing, or seeking to influence, the policies or decisions of persons on whom public functions are conferred by or under the law of Singapore or of a country or territory outside Singapore; ( e ) influencing, or seeking to influence, the policies or decisions of persons on whom functions are conferred by or under international agreements; ( f ) influencing, or seeking to influence, public opinion on a matter which, in Singapore or elsewhere, is a matter of public controversy; ( g ) bringing about, or seeking to bring about, changes of the law in the whole or a part of Singapore or elsewhere, or otherwise influencing, or seeking to influence, the legislative process in Singapore or elsewhere; or ( h ) promoting or opposing political views, or public conduct relating to activities that have become the subject of a political debate, in Singapore or elsewhere; “Singapore entity” means a Singapore‑controlled corporation, a Singapore‑controlled partnership or a Singapore‑controlled unincorporated association; “Singapore‑controlled corporation” means a body corporate that — ( a ) is incorporated under any written law in Singapore; ( b ) has a management body (called an executive, a board of directors or otherwise), the majority of whose members (called directors, partners or otherwise) are citizens of Singapore; and ( c ) has a majority of members who are citizens of Singapore or Singapore entities or, in the case of a company having a share capital, the majority of whose shares are held by citizens of Singapore or Singapore entities; “Singapore‑controlled partnership” means — ( a ) a firm registered under the Business Names Registration Act 2014 in Singapore, the majority of whose partners are citizens of Singapore or one or more Singapore entities; or ( b ) a limited partnership registered under the Limited Partnerships Act 2008 in Singapore — (i) the majority of whose general partners as defined in that Act are citizens of Singapore or Singapore entities; and (ii) the majority of whose limited partners as defined in that Act are citizens of Singapore or Singapore entities; “Singapore‑controlled unincorporated association” means an unincorporated association that — ( a ) is formed in Singapore under any written law; ( b ) has a management body (called a committee, council or otherwise), the majority of whose members are citizens of Singapore; and ( c ) has a majority of members who are citizens of Singapore or Singapore entities. [23/2017]


document_id: poa-2009
provision_ref: s8
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 8
title: Conditions applying to public assembly or public procession
content:
8. —(1) At every public assembly or public procession — ( a ) there must be present throughout the assembly or procession either the person who organised the assembly or procession or, if he or she is not present, a person nominated by him or her, in writing, to act in his or her place; and ( b ) good order and public safety must be maintained throughout the assembly or procession, as the case may be. (2) In granting a permit for a public assembly or public procession, the Commissioner may impose on the organisers of, and the persons taking part in, the assembly or procession such conditions specified in the permit and relating to the assembly or procession as in the Commissioner’s opinion are necessary to prevent the assembly or procession (as the case may be) being carried out to result in anything mentioned in section 7(2)( a ) to ( h ). [23/2017] (3) Without limiting subsection (2), the conditions may, in particular, impose requirements as to — ( a ) the number of persons who may take part in the public assembly or public procession; ( b ) the number and size of banners, placards, displays or other paraphernalia used; ( c ) the engagement of such number of marshals and security officers as may be necessary to ensure that good order and public safety are maintained throughout the assembly or procession, as the case may be; and ( d ) the place or places where the public assembly or public procession may, or may not, be carried on. (4) The Commissioner may, if the Commissioner reasonably believes that it is necessary in order to prevent anything mentioned in section 7(2)( a ) to ( h ) from happening — ( a ) impose additional conditions on those organising or taking part in an assembly or a procession authorised by a permit; or ( b ) amend any condition previously imposed under subsection (2) or paragraph ( a ), and the senior police officer may give directions to those organising or taking part in the assembly or procession to ensure the due observance of any condition imposed under subsection (2). [23/2017] (5) Except where the context otherwise requires, any reference in this Act to a condition imposed under subsection (2), includes a reference to an additional condition or amendment to a condition imposed under subsection (4). (6) In this section — “assembly” and “procession” include the period of first assembly of the assembly and procession, respectively, to the time it disbands; “senior police officer” means the most senior in rank of the police officers present at the scene of the assembly or procession, or any one of them if there are more than one of the same rank.


document_id: poa-2009
provision_ref: s9
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 9
title: Form and validity of permit
content:
9. A permit granted under section 7 must — ( a ) be in the form the Commissioner may determine; ( b ) contain the conditions subject to which it is granted; and ( c ) unless earlier cancelled by or under this Act, be valid — (i) in respect of the holding of the particular public assembly or public procession specified in the permit; or (ii) for the period (not exceeding one year) specified in the permit.


document_id: poa-2009
provision_ref: s10
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 10
title: When permit may be cancelled
content:
10. —(1) The Commissioner may, by written notice to the person to whom the permit is granted, cancel the permit that has been granted. (2) Without affecting subsection (1), the Commissioner may, by written notice, cancel a permit that has been granted to any person if — ( a ) the permit has been reported lost or stolen; ( b ) there is reasonable cause to believe that the permit has been obtained by means of any false statement or any statement that is false in a material particular; ( c ) the Commissioner becomes aware of a circumstance that would have required or permitted the Commissioner to refuse the permit to the person had the Commissioner been aware of the circumstance immediately before granting the permit; or ( d ) there is reasonable cause to believe that any condition of the permit has been contravened. (3) A permit which is granted for or in respect of a public assembly or public procession is treated as cancelled immediately if — ( a ) a special authorisation is granted under section 11 of the Public Order and Safety (Special Powers) Act 2018 pursuant to the giving of an activation order under that Act; and ( b ) the public assembly or public procession is being or is to be held within, or enter or is to enter, an area which is the target area of that special authorisation. [26/2018] (4) Every permit that is cancelled under subsection (1) or (3) is upon its cancellation invalid and ceases to be in force. [26/2018]


document_id: poa-2009
provision_ref: s11
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 11
title: Appeal to Minister
content:
11. —(1) If a person is aggrieved by the Commissioner’s decision under this Part — ( a ) to refuse to grant a permit; ( b ) to cancel a permit; or ( c ) to impose any particular condition on a permit, the person may, within 7 days after being notified of the decision (or a longer period that the Minister allows in exceptional circumstances, whether before or after the end of the 7 days), appeal to the Minister whose decision is final. (2) An appeal must be in writing, and specify the grounds on which it is made. (3) After receiving an appeal under subsection (1), the Minister must consider the appeal and — ( a ) reject the appeal and confirm the Commissioner’s decision; ( b ) allow the appeal in whole or in part and vary the Commissioner’s decision; ( c ) set aside the Commissioner’s decision and make a decision in substitution for it; or ( d ) direct the Commissioner to reconsider the Commissioner’s decision, and the appellant must be notified in writing of the Minister’s decision in respect of the appellant’s appeal accordingly. (4) This section does not apply to or in relation to any cancellation of a permit in the circumstances mentioned in section 10(3). [26/2018] (5) In this section, any reference to the Minister includes a reference to any Minister of State designated by the Minister to hear any appeal under this section in place of the Minister.


document_id: poa-2009
provision_ref: s12
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 12
title: Prohibited areas
content:
12. —(1) If, in relation to any public place, the Minister is of the opinion that, having regard to the extent of powers exercisable under section 13, it is necessary in the public interest to do so, the Minister may, by order in the Gazette , prohibit the holding of all public assemblies or public processions or both in the public place (called in this Act a prohibited area). (2) An order made under subsection (1) may exclude any assembly or procession, or any assembly or procession of any class or description, specified in the order from the prohibition in the order. (3) An order made under subsection (1) has the effect of cancelling any previous permit granted under section 7 in relation to any public assembly or public procession, the holding of which is prohibited by the order. (4) All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: poa-2009
provision_ref: s13
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 13
title: Power to prohibit assembly or procession in public interest
content:
13. —(1) If, in the case of any proposed public assembly or public procession, the Minister is of the opinion that it is necessary in the public interest to do so, the Minister may, by order in the Gazette , prohibit the holding of that public assembly or public procession. (2) If, in relation to any public place and any period of time not exceeding 28 days, the Commissioner is of the opinion that, having regard to — ( a ) any serious public disorder or serious damage to public or private property which may result from public assemblies or public processions of a particular class or description in that public place during that period; ( b ) any serious public nuisance or obstruction in any public road, or threat to the safety of persons in that public place, that may result from such public assemblies or public processions; ( c ) any serious impact which such public assemblies or public processions may have on relations between different groups in Singapore; ( d ) any undue demands which such public assemblies or public processions may cause to be made on the police or military forces; and ( e ) the extent of powers exercisable under subsection (1), it is necessary in the public interest to do so, the Commissioner may, with the concurrence of the Minister, by notification in the Gazette , prohibit the holding of all public assemblies or public processions or both, or of that class or description, in that public place during that period. (3) An order made under subsection (1) in relation to an assembly or a procession has the effect of cancelling any previous permit granted under section 7 in relation to that assembly or procession. (4) A notification made under subsection (2) has the effect of cancelling any previous permit granted under section 7 in relation to any assembly or procession, the holding of which is prohibited by the notification.


document_id: poa-2009
provision_ref: s14
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 14
title: Unrestricted areas
content:
14. —(1) If the Minister is of the opinion that, having regard to the natural environment of any public place and the likelihood of any serious disruption to the life of the community (such as but not limited to the rights of members of the public to enjoy the natural environment and the rights of persons to carry on business), it is appropriate to allow citizens and other persons to exercise the right to participate in assemblies and processions in that public place, the Minister may, by order in the Gazette , designate that public place (called in this Act an unrestricted area) to be an area whereby no notice under section 6, and no permit under section 7, is required for the holding of all assemblies or processions or both in that public place. (2) An order made under subsection (1) must — ( a ) describe the unrestricted area, whether by means of a description, map or other document; ( b ) state any period for which the order is in force; and ( c ) state the conditions (if any) that apply to the organising of, or taking part in, any assembly or procession within that unrestricted area. (3) An order made under subsection (1) may — ( a ) provide that any contravention of any condition in the order that is applicable to the organising of, or taking part in, any assembly or procession within the unrestricted area subject to the order shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both; and ( b ) provide for any transitional, saving and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient. (4) However, an order under subsection (1) designating a public place as an unrestricted area immediately expires if — ( a ) a special authorisation is granted under section 11 of the Public Order and Safety (Special Powers) Act 2018 pursuant to the giving of an activation order under that Act; and ( b ) the public place, or any part of the public place, falls within the target area of the special authorisation. [26/2018] (5) All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette . (6) This section has effect subject to section 33.


document_id: poa-2009
provision_ref: s15
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 15
title: Offences in prohibited areas, etc.
content:
15. —(1) A person who organises an assembly or a procession the holding of which the person knows or ought reasonably to know is prohibited by an order under section 12(1) or 13(1) or a notification under section 13(2) (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (2) A person who takes part in an assembly or a procession the holding of which the person knows or ought reasonably to know is prohibited by an order under section 12(1) or 13(1) or a notification under section 13(2) (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: poa-2009
provision_ref: s16
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 16
title: Other offences in relation to assemblies or processions
content:
16. —(1) Each person who organises a public assembly or public procession — ( a ) in respect of which no permit has been granted under section 7 or no such permit is in force, where a permit is required by this Act; ( b ) which is held — (i) on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or (ii) in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; or ( c ) which is not in compliance with any condition imposed under section 8(2) on persons organising that assembly or procession, shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction to a fine not exceeding $5,000. [23/2017] (2) Each person who takes part in a public assembly or public procession — ( a ) in respect of which no permit has been granted under section 7 or no such permit is in force, where a permit is required by this Act; ( b ) which is held — (i) on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or (ii) in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; or ( c ) which is not in compliance with any requirement imposed by section 8(1)( b ) or any condition imposed under section 8(2) on persons taking part in that assembly or procession, shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction to a fine not exceeding $3,000. (3) Where a person who is convicted or found guilty of an offence under subsection (1) or (2) is a repeat offender, the person shall be liable on conviction — ( a ) if the person is one who organises an assembly or a procession — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) if the person is one who takes part in an assembly or a procession — to a fine not exceeding $5,000. (4) A person organising or taking part in an assembly or a procession who knowingly fails to comply with any direction of the senior police officer given under section 8(4) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of a person organising an assembly or a procession — to a fine not exceeding $10,000; and ( b ) in the case of a person taking part in an assembly or a procession — to a fine not exceeding $5,000. (5) For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1) or (2) if the person who is convicted, or found guilty, of an offence under subsection (1) or (2) (called the current offence) has been convicted or found guilty of — ( a ) an offence under subsection (1) or (2); ( b ) an offence under section 5(4) of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 as in force immediately before 9 October 2009; or ( c ) an offence under any rules made under section 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 as in force immediately before 9 October 2009, in relation to any assembly or procession in any public road, public place or place of public resort held without a permit under those rules or in contravention of any term or condition of such a permit, on at least one other occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence. (6) This section does not apply to — ( a ) an assembly or a procession exempted from this section under section 46; and ( b ) an assembly or a procession within an unrestricted area not falling within a special event area of an enhanced security special event. [23/2017]


document_id: poa-2009
provision_ref: s17
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 17
title: Defences
content:
17. —(1) In any proceedings for an offence under section 16(1)( a ) or (2)( a ), it is a defence for the person charged to prove that the person did not know, and neither suspected nor had reason to suspect, that no permit had been granted under section 7 in respect of the assembly or procession or that no such permit is in force, as the case may be. (2) In any proceedings for an offence under section 16(1)( b ) or (2)( b ), it is a defence for the person charged to prove that — ( a ) he or she did not know, and neither suspected nor had reason to suspect, the difference in date, time or route; or ( b ) the difference arose from — (i) circumstances beyond his or her control; (ii) something done in compliance with conditions imposed under section 8(2); or (iii) something done with the agreement of a police officer not below the rank of sergeant or by the senior police officer’s direction under section 8(4). (3) In any proceedings for an offence under section 16(1)( c ) or (2)( c ), it is a defence for the person charged to prove that he or she did not know, and neither suspected nor had reason to suspect, that the assembly or procession was not in compliance with any of the conditions of the permit for the assembly or procession. (4) In any proceedings for an offence under section 16(4), it is a defence for the person charged to prove that his or her failure to comply with a direction of the senior police officer given under section 8(4) arose from circumstances beyond his or her control.


document_id: poa-2009
provision_ref: s18
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 18
title: Obstructing free passage of any ambulance, etc.
content:
18. Where a person at, or in relation to, an assembly or a procession conducted pursuant to a permit — ( a ) acts in a disorderly manner for the purpose of preventing the transaction of the business for which the assembly or procession assembled; ( b ) obstructs the free passage of any ambulance, fire engine or vehicle belonging to the Singapore Police Force or the Singapore Civil Defence Force or, otherwise than in the manner and to the extent authorised by the permit relating to that assembly or procession, impedes or disrupts the use by members of the public in general of any road; or ( c ) incites other persons to do so, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: poa-2009
provision_ref: s19
chapter: PART 2 - ASSEMBLIES AND PROCESSIONS
section: 19
title: Legal immunity for participant in lawful assembly or procession
content:
19. If an assembly or a procession — ( a ) is the subject of a permit; ( b ) is peaceful; and ( c ) is held in accordance with the conditions imposed on the permit, a person who takes part in the assembly or procession, does not, merely because of his or her taking part, incur any civil or criminal liability because of the obstruction of a public place.


document_id: poa-2009
provision_ref: s20
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 20
title: Interpretation of this Part
content:
20. In this Part, unless the context otherwise requires — “approved person”, in relation to any power under section 22, 24, 27, 28 or 29, means any of the following persons approved by the Commissioner in writing to exercise the power under that provision at or in relation to a special event area specified in that approval: ( a ) any member of an auxiliary police force; ( b ) any security officer who is employed by, or whose services are supplied to, the occupier of the special event area; “entrant”, in relation to a special event area, means a person who is about to enter or is in the area; “garment” includes a cloak, coat or shirt; “hand-held scanner” means a device that may be passed over or around a person or a person’s personal property to detect metal, objects or other substances; “occupier”, in relation to a special event area, includes the event organiser of the special event at that special event area; “personal property”, in relation to a person, means things carried by the person or things apparently in the immediate control of the person, but does not include clothing being worn by the person; “place” includes an area; “prohibited item”, in relation to a special event, means any thing or animal that is stated to be a prohibited item in the notification in respect of the event under section 22; “prohibited item permit” means a permit of that name granted under section 26(4) for a specific prohibited item or a class of prohibited items; “remotely piloted aircraft” and “remotely piloted aircraft system” have the same respective meanings as assigned in the Air Navigation Act 1966; “search” includes — ( a ) a search of a person conducted by quickly running the hands over the person’s outer garments; and ( b ) an examination of anything worn or carried by the person; “statutory condition of entry”, in relation to a special event, means a condition that is stated in the notification concerning the event under section 22 to be a statutory condition of entry to the special event area; “unmanned aircraft” means an aircraft that may be flown or used without any individual on board the aircraft to operate it, and excludes a balloon or kite; “unmanned aircraft system” means an unmanned aircraft and its associated elements; “vehicle” includes an aircraft and a boat; “X-ray machine” means a device through which a person’s belongings are passed and X-rayed. [16/2015; 23/2017]


document_id: poa-2009
provision_ref: s21
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 21
title: Declaration of special event by Commissioner
content:
21. —(1) Subject to subsections (2) and (3) and section 21A, the Commissioner may declare an event to be a special event for the purposes of this Part. [23/2017] (2) In deciding whether to make a declaration and the scope of the declaration, the Commissioner is to have regard to — ( a ) the size of the event; ( b ) the number and prominence of persons who are likely to attend the event; ( c ) the likely media coverage of the event; ( d ) the likely contribution that the event will make to Singapore; ( e ) the commercial arrangements for the event; ( f ) the event management experience and expertise of the event organiser; ( g ) the factors affecting the operational organisation of the event, including measures taken or to be taken by the event organiser in relation to the planning of the event, such as — (i) preparation of traffic and transport management plans; (ii) emergency management plans; (iii) security plans and consultation with police and emergency services; and (iv) crowd management; ( h ) Singapore’s obligations for holding the event; and ( i ) any other relevant factor. [23/2017] (3) The Commissioner may make a declaration only if the Commissioner is satisfied that the declaration is necessary — ( a ) for preserving public order and the safety of individuals involved in the event and other individuals; and ( b ) for the avoidance of disruptions to the event. [23/2017] (4) A declaration under subsection (1) must — ( a ) contain a brief description of the event to which the declaration applies, whether by means of a description, map or other document; ( b ) state the proposed date and time of the event or the proposed period in which the event is to take place, and the location of the special event area for the event; and ( c ) state the period (not exceeding 3 years) for which the declaration is in force. [23/2017] (5) Once such a declaration is made in respect of an event, the Commissioner must give a copy of the declaration to the event organiser of the event. [23/2017] (6) Unless sooner revoked, a declaration expires on the date, and at the time (if any) stated in, or worked out in accordance with the declaration. [23/2017] (7) At any time before the declaration in respect of a special event comes into force, the Commissioner may, by informing the event organiser of the event, amend all or any of the following: ( a ) the description of the location of the special event area to which the declaration applies; ( b ) the date and time of the special event or the proposed period in which the special event is to take place; ( c ) the period (not exceeding 3 years) for which the declaration is in force. [23/2017] (8) To avoid doubt, more than one declaration under this section may be made in respect of the same event. [23/2017]


