# legal_provisions

document_id: pa-1933
provision_ref: s32
chapter: PART 4 - OFFICERS
section: 32
title: Prison officer to have powers of police officer
content:
32. —(1) Every prison officer while acting as such has by virtue of his or her office all the powers, authorities, protection and privileges of a police officer. [33/2004; 15/2010] (2) Every prison officer while acting as such and exercising the powers of a police officer is deemed to be an officer not below the rank of inspector of police. [15/2010]


document_id: pa-1933
provision_ref: s33
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 33
title: Prisoners deemed in legal custody
content:
33. —(1) Every prisoner confined in any prison is deemed to be in the legal custody of the Superintendent of that prison. (2) Every prisoner is subject to the prison discipline and regulations during the whole time of his or her imprisonment, whether or not he or she is within the precincts of any prison.


document_id: pa-1933
provision_ref: s34
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 34
title: Employment of auxiliary police officers as escorts and guards
content:
34. —(1) For the purpose of assisting the Commissioner in the discharge of his or her duties under this Act, the Commissioner may employ any number of auxiliary police officers that he or she considers fit as escorts or guards to ensure the safe custody of the prisoners who are under his or her custody. [1/2014] (2) A prisoner who is delivered into the custody of an auxiliary police officer under this section is deemed to be in lawful custody. (3) Every auxiliary police officer who is employed as an escort or a guard under subsection (1), in the course of carrying out his or her duties as an escort or a guard — ( a ) has the powers of a prison officer conferred under section 31; and [Act 6 of 2022 wef 02/09/2022] ( b ) be deemed to be a prison officer for the purposes of sections 69, 72 and 73. [Act 6 of 2022 wef 02/09/2022] ( c ) [ Deleted by Act 6 of 2022 wef 02/09/2022 ] (4) Every auxiliary police officer employed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871. (5) In this section, “auxiliary police officer” means a member of an auxiliary police force established under any other written law. [3/2005]


document_id: pa-1933
provision_ref: s35
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 35
title: Superintendent to detain persons committed
content:
35. The Superintendents are authorised and required to keep and detain all persons duly committed to their custody by any court, Judge, Magistrate, Justice of the Peace or other public officer lawfully exercising civil or criminal jurisdiction, according to the exigency of any writ, warrant or order by which the persons have been committed, or until the persons are discharged by due course of law. [14/2010]


document_id: pa-1933
provision_ref: s36
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 36
title: Delivery of persons on remand
content:
36. —(1) Every person remanded to any prison by any court, Judge, Magistrate or Justice of the Peace who is charged with any crime or offence must be delivered to the Superintendent of any prison that the Minister appoints for the custody of such persons, together with a warrant of commitment. [14/2010] (2) The Superintendent must detain a person mentioned in subsection (1) according to the terms of the warrant, and must cause that person to be delivered to such court, Judge, Magistrate or Justice of the Peace, or must discharge that person at the time named in and according to the terms of the warrant. [14/2010]


document_id: pa-1933
provision_ref: s37
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 37
title: Delivery of persons arrested on warrant
content:
37. —(1) Every person arrested pursuant to any writ, warrant or order of any court having civil jurisdiction must be brought without delay before the court by which the writ, warrant or order was issued, awarded or made. (2) If the court mentioned in subsection (1) is not sitting, the person must be delivered to the Superintendent for intermediate custody, and the Superintendent must cause the person to be brought before that court at its next sitting in order that the person may be dealt with according to law.


document_id: pa-1933
provision_ref: s38
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 38
title: Production of persons before court
content:
38. —(1) Whenever the presence of any person confined in a prison is required in any court of civil or criminal jurisdiction, the court may issue a written order addressed to the Superintendent requiring the production before the court of the person in proper custody at the time and place to be named in the order. (2) The Superintendent must cause the person named in the order to be brought up as directed, and must provide for the person’s safe custody during his or her absence from prison. (3) A court may by endorsement on the order require the person named in the order to be again brought up at any time to which the matter, in which the person is required, may be adjourned. (4) An order under this section may be signed by — ( a ) the Registrar of the Supreme Court, if the order is issued by the Court of Appeal, the Appellate Division of the High Court or the General Division of the High Court; ( b ) the registrar of the Family Justice Courts, if the order is issued by the Family Division of the High Court, a Family Court or a Youth Court; ( c ) the registrar of the State Courts, if the order is issued by a District Court, a Magistrate’s Court, a Coroner’s Court or any other State Court; or ( d ) the District Judge, Magistrate or Coroner who issued the order. (5) An order under this section requiring the production of a person before a court in civil proceedings may be made by — ( a ) the Registrar of the Supreme Court, if the presence of the person is required in the Court of Appeal, the Appellate Division of the High Court or the General Division of the High Court; ( b ) the registrar of the Family Justice Courts, if the presence of the person is required in the Family Division of the High Court or a Family Court; or ( c ) the registrar of the State Courts, if the presence of the person is required in a District Court, a Magistrate’s Court, a Coroner’s Court or any other State Court. [Act 25 of 2021 wef 01/04/2022] [16/2016; 40/2019]


document_id: pa-1933
provision_ref: s39
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 39
title: Powers of Commissioner for production of prisoner in certain cases
content:
39. —(1) The Commissioner may, on proof to his or her satisfaction that the presence of any prisoner at any place is required in the interests of justice, or for the purpose of any public inquiry, by writing under the hand of the Commissioner order that the prisoner be taken to that place. [33/2004; 1/2014] (2) A prisoner taken from a prison pursuant to an order made under this section must, while outside that prison, be kept in any custody that the Commissioner may by writing under the hand of the Commissioner direct, and while in that custody is deemed to be in legal custody. [33/2004; 1/2014]


document_id: pa-1933
provision_ref: s40
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 40
title: Powers of Superintendent for production of prisoner in interest of prisoner
content:
40. —(1) The Superintendent of any prison may, on proof to his or her satisfaction that the presence of a prisoner at any place is required in the interest of the prisoner, by writing under the hand of the Superintendent order that the prisoner be taken to that place. (2) A prisoner taken from a prison under an order made under subsection (1) must, while outside that prison, be kept in any custody that the Superintendent may by writing under the hand of the Superintendent direct, and while in that custody is deemed to be in lawful custody.


document_id: pa-1933
provision_ref: s41
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 41
title: Discharge of prisoners
content:
41. The Superintendent is responsible for the due discharge of all prisoners immediately upon their becoming entitled to release, whether by the expiry of their terms of sentence, or by pardon, or by commutation, or by remission of sentence.


document_id: pa-1933
provision_ref: s42
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 42
title: Occurrence of infectious disease
content:
42. —(1) If the Commissioner is satisfied that a case of a contagious or infectious disease has occurred or is likely to occur in any prison, the Commissioner may order the removal of any of the prisoners from the prison to another place although that place may not be a prison under this Act. [33/2004; 1/2014] (2) In a case of emergency and where the Commissioner is absent or unable to make the order for removal under subsection (1), the order may be made by the Superintendent of the prison concerned or any of the Visiting Justices of the prison. [33/2004; 1/2014] (3) A place mentioned in subsection (1) is deemed during the continuance of any prisoner within to be a part of the prison from which the prisoner was so removed. (4) When the disease has ceased, any prisoner so removed from any prison must be taken back to the prison from where he or she was removed, if still liable to be confined in the prison.


document_id: pa-1933
provision_ref: s43
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 43
title: Prisoners who are mentally disordered
content:
43. —(1) Whenever a prisoner undergoing a sentence of imprisonment appears to the Commissioner on the certificate of a registered medical practitioner to be mentally disordered, the Commissioner may, by written order, setting forth the grounds of belief that the prisoner is mentally disordered, direct the prisoner’s removal from any prison to any mental hospital or other fit place of safe custody within Singapore, there to be kept and treated as the Commissioner directs — ( a ) until the expiry of the term of imprisonment ordered by the sentence; or ( b ) if it is certified by a medical officer that it is necessary for the safety of the prisoner or of others that he or she should be detained under medical care and treatment, until he or she is discharged according to law. [33/2004; 21/2008; 1/2014] (2) When it appears to the Commissioner on the certificate of a registered medical practitioner that such prisoner has ceased to be mentally disordered, the Commissioner must, by a written order, return the prisoner to the prison from where the prisoner was removed if his or her term of imprisonment has not expired, but if the term has expired, must direct him or her to be discharged. [33/2004; 21/2008; 1/2014] (3) Where a person is confined under this section in a psychiatric institution within the meaning of the Mental Health (Care and Treatment) Act 2008, section 15 of that Act applies to such person after the expiry of the term of imprisonment to which the person has been sentenced, and the time during which he or she is so confined is reckoned as part of such term. [21/2008]


document_id: pa-1933
provision_ref: s44
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 44
title: Removal of prisoners
content:
44. —(1) The Commissioner may, by written order, remove all or any prisoners confined in any prison to another prison within Singapore. [1/2014] (2) It is not necessary in the order under subsection (1) to designate any prisoner by name, but it is sufficient to describe the prisoner or prisoners by reference to their nationality or sentence, or by some other like general description. (3) If the Minister is satisfied that a person serving a sentence of imprisonment is under 21 years of age and might with advantage be detained in a reformative training centre, the Minister may, after consultation where practicable with the Judge or District Judge of the court which passed the sentence, authorise the Commissioner to transfer the person to a reformative training centre; and section 305(5) of the Criminal Procedure Code 2010 then applies to the person as if he or she had on the date of the transfer been sentenced to reformative training. [15/2010; 1/2014] (4) If on the date of the transfer under subsection (3), the unexpired term of the person’s sentence is less than 3 years, that subsection applies to the person as if he or she had been sentenced to reformative training 3 years before the expiry of that term. (5) If a person detained in a reformative training centre is reported to the Minister by the Commissioner to be incorrigible, or to be exercising a bad influence on the other inmates of the institution — ( a ) the Minister may commute the unexpired part of the term for which that person is then liable to be detained in a reformative training centre to such term of imprisonment as the Minister may determine, not exceeding the said unexpired part; and ( b ) for the purpose of this Act, that person is to be treated as if the person had been sentenced to imprisonment for that term. [1/2014]


document_id: pa-1933
provision_ref: s45
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 45
title: Illness of prisoner
content:
45. —(1) In case of illness of a prisoner (other than a prisoner mentioned in subsection (2)) confined in a prison in which there is no suitable accommodation for the prisoner, any Superintendent may, on the certificate of a medical officer, make an order for the prisoner’s removal to a hospital. [26/2001; 33/2004] (2) Where a prisoner confined in a prison appears to the Minister on the certificate of a registered medical practitioner to be suffering from an infectious disease, the Minister may, by written order, direct the prisoner’s removal to any hospital or place specified by the Director‑General of Health under section 8(1) of the Infectious Diseases Act 1976, there to be kept and treated until cured of the infectious disease. [33/2004] [Act 6 of 2022 wef 02/09/2022] [Act 11 of 2023 wef 01/05/2023] (3) So long as any prisoner who has been removed to any hospital or place under subsection (2) remains in the hospital or place, the medical officer thereof must, at the end of every month, transmit to the Superintendent of the prison a certificate signed by the medical officer that it is in his or her opinion necessary that the prisoner should remain in the hospital or place.


document_id: pa-1933
provision_ref: s46
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 46
title: Return to prison
content:
46. —(1) So soon as, in the opinion of the medical officer in charge of any hospital or place specified by the Director‑General of Health under section 8(1) of the Infectious Diseases Act 1976, it is no longer necessary that any prisoner who has been removed to the hospital or place should remain there, the medical officer must transmit to the Superintendent a certificate, stating that such necessity has ceased. [33/2004] [Act 11 of 2023 wef 01/05/2023] (2) Thereupon the Superintendent must forthwith cause the prisoner to be brought back to the prison if the prisoner is still liable to be confined in the prison.


document_id: pa-1933
provision_ref: s47
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 47
title: Liability for escape
content:
47. If any prisoner escapes during the time that the prisoner is in any hospital, mental hospital or place as aforesaid, no prison officer is to be held answerable for the escape, unless the prisoner has been in the personal custody of that officer.


document_id: pa-1933
provision_ref: s48
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 48
title: Duty to prevent escape
content:
48. —(1) Every precaution must be taken by the medical officers and other officers of any hospital, mental hospital or place to prevent the escape of prisoners who may at any time be under treatment therein. (2) The officers mentioned in subsection (1) may take any measures for preventing the escape of any prisoner that are necessary. (3) Nothing is to be done under the authority under this section which in the opinion of the medical officers is likely to be prejudicial to the health of those prisoners.


document_id: pa-1933
provision_ref: s49
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 49
title: Special custody in hospital
content:
49. —(1) Where in any case, from the gravity of the offence for which any prisoner may be in custody or for any other reason, the Superintendent considers it to be desirable to take special measures for the security of the prisoner while under treatment in a hospital, mental hospital or place, the Superintendent may give the prisoner into the charge of at least 2 fit and proper persons, one of whom at the least must always be with the prisoner day and night. (2) Such persons are vested with full power and authority to do all things necessary to prevent the prisoner from escaping, and are answerable for the prisoner’s safe custody until such time that the prisoner is handed over to a prison officer on the prisoner’s discharge from the hospital, mental hospital or place or until such time as his or her sentence expires, whichever may first occur.


document_id: pa-1933
provision_ref: s50
chapter: PART 5 - CUSTODY AND REMOVAL OF PRISONERS
section: 50
title: Saving of powers of General Division of High Court
content:
50. Nothing in this Act lessens or affects the power of the General Division of the High Court to direct persons confined in Singapore to be brought before the General Division of the High Court by an Order for Review of Detention. [42/2005; 40/2019]


document_id: pa-1933
provision_ref: s50A
chapter: PART 5A - CUSTODY AND REMOVAL OF LOCK-UP PRISONERS
section: 50A
title: Lock-up prisoners deemed in legal custody
content:
50A. Every lock-up prisoner who is confined in any lock‑up, or who is transported to, or from, any lock-up, is deemed to be in the legal custody of the Commissioner or any person authorised by the Commissioner. [15/2010; 1/2014]


document_id: pa-1933
provision_ref: s50B
chapter: PART 5A - CUSTODY AND REMOVAL OF LOCK-UP PRISONERS
section: 50B
title: Employment of auxiliary police officers as escorts and guards
content:
50B. —(1) For the purpose of assisting the Commissioner in the discharge of his or her duties under this Act, the Commissioner, or any person authorised by the Commissioner, may employ any number of auxiliary police officers that the Commissioner or the authorised person considers fit as escorts or guards to ensure the safe custody of the lock-up prisoners who are under the custody of the Commissioner or the person authorised by the Commissioner, as the case may be. [15/2010; 1/2014] (2) A lock-up prisoner who is delivered into the custody of an auxiliary police officer under this section is deemed to be in lawful custody. [15/2010] (3) Every auxiliary police officer who is employed as an escort or a guard under subsection (1) has, in the course of carrying out his or her duties as an escort or a guard, the powers of a prison officer conferred under section 31. [15/2010] (4) Every auxiliary police officer employed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871. [15/2010] (5) In this section, “auxiliary police officer” means a member of an auxiliary police force established under any other written law. [15/2010]


document_id: pa-1933
provision_ref: s50C
chapter: PART 5A - CUSTODY AND REMOVAL OF LOCK-UP PRISONERS
section: 50C
title: Delivery of persons remanded in lock-up
content:
50C. —(1) Every person remanded in any lock-up by any court, Judge, Magistrate or Justice of the Peace, charged with any crime or offence, must be delivered to the Commissioner or any person authorised by the Commissioner to take custody of such persons, together with a warrant of commitment. [15/2010; 1/2014] (2) The Commissioner or any person authorised by the Commissioner to take custody of lock-up prisoners must detain a lock‑up prisoner according to the terms of the warrant, and must cause the lock‑up prisoner to be delivered to such court, Judge, Magistrate or Justice of the Peace, or must discharge that person at the time named in and according to the terms of the warrant. [15/2010; 1/2014]


document_id: pa-1933
provision_ref: s50D
chapter: PART 5A - CUSTODY AND REMOVAL OF LOCK-UP PRISONERS
section: 50D
title: Extramural custody of lock-up prisoners
content:
50D. A lock-up prisoner, when being taken to, or from, any lock‑up in which he or she may be lawfully confined, or whenever he or she is outside or is otherwise beyond the limits of any such lock‑up, and is in or under legal custody, is deemed to be in a lock‑up, and is subject to all the same incidents as if he or she were actually in a lock‑up. [15/2010]


document_id: pa-1933
provision_ref: s50E
chapter: PART 5B - REMISSION OF SENTENCES
section: 50E
title: Purpose and application
content:
50E. —(1) This Part makes provision for the remission of sentences for the purpose of — ( a ) encouraging good conduct and industry by prisoners who are serving their sentences; and ( b ) facilitating the rehabilitation of prisoners and their reintegration into society. [1/2014] (2) Nothing in this Part applies to prisoners committed for debt. [1/2014]


document_id: pa-1933
provision_ref: s50F
chapter: PART 5B - REMISSION OF SENTENCES
section: 50F
title: Prisoner entitled to be released when remission order made, etc.
content:
50F. —(1) A prisoner is entitled to be released on the day — ( a ) a remission order is made in respect of the prisoner; or ( b ) the prisoner’s sentence of imprisonment is remitted. [1/2014] (2) A person who is released and at large under a remission order is deemed not to be in the legal custody of the Commissioner. [1/2014] (3) Every remission order has effect starting from the date the remission order is made. [1/2014] Division 2 &#x2014; Remission orders


document_id: pa-1933
provision_ref: s50G
chapter: PART 5B - REMISSION OF SENTENCES
section: 50G
title: Application
content:
50G. This Division applies where a prisoner is sentenced to one or more terms of imprisonment that is not a default sentence, and is not also sentenced to life imprisonment. [1/2014]


document_id: pa-1933
provision_ref: s50H
chapter: PART 5B - REMISSION OF SENTENCES
section: 50H
title: Grant of remission
content:
50H. —(1) Subject to subsections (2) and (3), a prisoner is, upon his or her admission to prison, entitled to have his or her sentence remitted in accordance with and subject to the provisions of this Act. [1/2014] (2) A prisoner who is sentenced to an aggregate term of imprisonment of 14 days or less is not entitled to have his or her sentence remitted. [1/2014] (3) A prisoner is not entitled to have his or her sentence of imprisonment remitted if his or her sentence of imprisonment consists wholly of — ( a ) one or more terms of imprisonment imposed as enhanced sentences under section 50T(1)( a ); ( b ) one or more terms of imprisonment imposed for offences under section 50Y(1); or ( c ) any combination of paragraphs ( a ) and ( b ). [1/2014]


document_id: pa-1933
provision_ref: s50I
chapter: PART 5B - REMISSION OF SENTENCES
section: 50I
title: When must remission order be made
content:
50I. —(1) The Commissioner must make a remission order in respect of a prisoner — ( a ) unless paragraph ( b ) applies, on the day after the day the prisoner has served whichever of the following that ends later: (i) two-thirds of all the consecutive terms of imprisonment to which the prisoner was sentenced; (ii) 14 days of the prisoner’s sentence; and ( b ) where the prisoner is sentenced to any enhanced sentence under section 50T(1)( a ), or for any offence under section 50Y(1), and to any other sentence of imprisonment, on the day after the day the prisoner has served whichever of the following that ends later: (i) the aggregate of — (A) all the terms of imprisonment to which the prisoner was sentenced as enhanced sentence under section 50T(1)( a ), or for any offence under section 50Y(1); and (B) two-thirds of all the other consecutive terms of imprisonment (if any) to which the prisoner was sentenced; (ii) 14 days of the prisoner’s sentence. [1/2014] (2) Despite subsection (1), in determining whether a sentence is served for the purposes of making a remission order under subsection (1), each of the following periods, or if there is more than one such period, the aggregate of those periods, is not reckonable: ( a ) one-third of any time which the prisoner is confined in a punishment cell under this Act; ( b ) one-third of any time spent by the prisoner in a hospital through his or her own fault or malingering; ( c ) any period of remission which is forfeited under this Act, unless the forfeited remission is restored by the Superintendent; ( d ) any period of deferment which is ordered by the President under subsection (4); ( e ) any other periods of time as may be prescribed. [1/2014] (3) The Commissioner may defer making a remission order by not longer than 3 weeks in order to enable the execution of any punishment ordered by the court and which on the date the remission order would have been made under subsection (1) if not for this subsection, has not been executed. [1/2014] [Act 6 of 2022 wef 02/09/2022] (4) When a prisoner commits an offence while serving his or her sentence, the President may order the Commissioner not to make a remission order, or to defer making a remission order by any period that the President may specify, if the President is of the opinion that the offence is a grave offence, having regard to all the following factors: ( a ) the nature of the offence; ( b ) the punishment which the offence attracts; ( c ) the circumstances in which the offence was committed; ( d ) all other relevant circumstances. Illustrations ( a ) A prisoner is sentenced to 2 years’ imprisonment for the offence of theft under section 379 of the Penal Code 1871 and one year’s imprisonment for the offence of cheating under section 417 of the Code. Both sentences are ordered to run consecutively and the aggregate sentence is ordered to take effect from 1 January 2013. The prisoner will have served the requisite portion of his or her sentence (2 years) on 31 December 2014, and the Commissioner will be required to make a remission order on 1 January 2015. ( b ) A prisoner is sentenced to one year’s imprisonment for the offence of theft under section 379 of the Penal Code 1871 and 2 years’ imprisonment as enhanced sentence under section 50T(1)( a ). The prisoner’s sentence is ordered to take effect from 1 January 2013. The prisoner would have served the requisite portion of the sentence (2 years and 8 months) on 31 August 2015, and the Commissioner will be required to make a remission order on 1 September 2015. ( c ) A prisoner is sentenced to one year’s imprisonment for the offence of theft under section 379 of the Penal Code 1871. The sentence is ordered to take effect from 1 January 2013. While serving the sentence, the prisoner spent 3 months in hospital through his or her own fault. The Commissioner will be required to make a remission order on 1 October 2013. [1/2014]


document_id: pa-1933
provision_ref: s50J
chapter: PART 5B - REMISSION OF SENTENCES
section: 50J
title: Remission order when prisoner has served 20 years of sentence
content:
50J. —(1) Where a prisoner has served 20 years of his or her sentence but the Commissioner is not required to make a remission order under section 50I, the Minister must review the prisoner’s case and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner. [1/2014] (2) Where the Minister has refused to direct the Commissioner to make a remission order in respect of a prisoner under subsection (1), the Minister must, unless the prisoner is earlier released from imprisonment, review the Minister’s decision at intervals not exceeding 12 months each and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner. Illustration A prisoner is sentenced to a total of 24 years’ imprisonment. The sentence is ordered to take effect from 1 January 2013. After taking into account the various periods of time mentioned in section 50I(2), the Commissioner is required to defer making a remission order until 1 January 2035. However, the Minister must review the prisoner’s case on 1 January 2033 and may direct the Commissioner to make a remission order. If the Minister does not direct the Commissioner to make a remission order, the Minister must review his or her decision no later than 1 January 2034. [1/2014]


document_id: pa-1933
provision_ref: s50K
chapter: PART 5B - REMISSION OF SENTENCES
section: 50K
title: Effect of section 50I or 50J remission order on sentence
content:
50K. —(1) Where a remission order is made in respect of a prisoner under section 50I or 50J — ( a ) the remainder of the prisoner’s sentence, as determined in accordance with subsection (2), (3) or (4) (as the case may be) is suspended; and ( b ) that remainder of the prisoner’s sentence is to be remitted when the remission order expires. [1/2014] (2) If the remission order is made under section 50I and no consecutive sentence is imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period — ( a ) starting on the date the remission order is made; and ( b ) ending at the end of the day on which the prisoner would have completed serving his or her entire sentence of imprisonment if no remission order had been made. [1/2014] (3) If the remission order is made under section 50I and 2 or more consecutive sentences are imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period worked out according to the following steps: ( a ) first, apportion the total time (in days) the prisoner has spent serving his or her aggregate sentence among each of the consecutive sentences (including default sentences) as if each sentence is served in the same proportion; ( b ) second, work out the portion (in days) of each of the consecutive sentences (including default sentences) which is not served after taking into account the portion which is deemed under paragraph ( a ) as having been served; ( c ) third, add the portion of each of the consecutive sentences (excluding default sentences) worked out under paragraph ( b ) which is not served. Illustration A prisoner is sentenced to 6 weeks’ imprisonment on 1 January 2013 for the offence of theft under section 379 of the Penal Code 1871, 6 weeks’ imprisonment for the offence of cheating under section 417 of the Code, and a default sentence of 3 weeks for the offence of house‑trespass under section 448 of the Code. All 3 sentences are ordered to run consecutively and the aggregate sentence is imprisonment for a term of 15 weeks (105 days). The Commissioner makes a remission order after the prisoner has served two‑thirds of his or her aggregate sentence, i.e. 70 days. When the remission order is made, the time spent by the prisoner serving his or her aggregate sentence will be divided between the 3 consecutive sentences such that the prisoner has served the same proportion of each sentence, i.e. 28 days in relation to the sentence for theft, 28 days in relation to the sentence for cheating, and 14 days in relation to the sentence for house‑trespass. The portion of the default sentence for house‑trespass which has not been served (7 days) will be remitted. The portions of the sentences for theft and cheating which have not been served (14 days each) will be aggregated and the aggregate (28 days) will be the remainder of the prisoner’s sentence, which will be suspended until the remission order expires, whereupon it will be remitted. [1/2014] (4) If the remission order is made under section 50J, the remainder of the prisoner’s sentence is the period worked out according to the following steps: ( a ) first, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served — (i) starting on the date of the remission order made under section 50J; and (ii) ending at the end of the day immediately before the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; ( b ) second, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served — (i) starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and (ii) ending on the day the prisoner would have been released from prison had no remission order been made in respect of the prisoner; ( c ) third, apportion the portion (in days) of the prisoner’s aggregate sentence worked out under paragraph ( b ) between each consecutive term of imprisonment (including default sentences) to which the prisoner was sentenced such that the same proportion of each sentence has not been served; ( d ) fourth, work out the portion (in days) of all default sentences (if any) which has not been served under paragraph ( c ); ( e ) fifth, subtract the portion of the prisoner’s sentence worked out under paragraph ( d ) from the portion of the prisoner’s unserved sentence worked out under paragraph ( b ); ( f ) sixth, add the portion of the prisoner’s sentence worked out under paragraph ( a ) to the portion of the prisoner’s sentence worked out under paragraph ( e ). Illustration A prisoner is sentenced to a total of 25 years’ imprisonment, of which one year’s imprisonment is a default sentence. The sentence is ordered to take effect from 1 January 2013. The last day of the prisoner’s sentence if no remission order is made would be 31 December 2037. After taking into account the various periods of time mentioned in section 50I(2), the Commissioner is required to defer making a remission order until 1 November 2033. The Minister reviewed the prisoner’s case on 1 January 2033 and directed the Commissioner to make a remission order under section 50J on the same day. The period starting on 1 November 2033 and ending on 31 December 2037 (4 years and 2 months) will be apportioned such that 2 months of the prisoner’s default sentence and 4 years of the prisoner’s other sentences of imprisonment has not been served. The 4 years will be added to the period starting on 1 January 2033 and ending on 31 October 2033 (10 months) and the total (4 years and 10 months) will be the remainder of the prisoner’s sentence. [1/2014] (5) The portion of a default sentence worked out under subsections (3)( b ) and (4)( d ) as not having been served is remitted upon the making of the remission order. [1/2014]


document_id: pa-1933
provision_ref: s50L
chapter: PART 5B - REMISSION OF SENTENCES
section: 50L
title: Duration of section 50I or 50J remission order
content:
50L. Unless extended under section 50M or 50N, a remission order in respect of a prisoner made under section 50I or 50J — ( a ) has effect for a period equal to the remainder of the prisoner’s sentence as determined under section 50K; and ( b ) expires at the end of the period mentioned in paragraph ( a ). [1/2014]


document_id: pa-1933
provision_ref: s50M
chapter: PART 5B - REMISSION OF SENTENCES
section: 50M
title: Extension of section 50I or 50J remission order
content:
50M. —(1) This section applies where — ( a ) a prisoner released on a remission order made under section 50I or 50J (called in this section the first remission order) is subsequently sentenced to one or more terms of imprisonment; ( b ) a second remission order is made in respect of that term or those terms of imprisonment; and ( c ) the first remission order is still in effect when the person is released on the second remission order. [1/2014] (2) Where this section applies — ( a ) the first and second remission orders are merged and deemed to be a single remission order made under section 50I; and ( b ) the merged remission order expires on the day on which the first remission order would have expired, or the day on which the second remission order would have expired, whichever is the later. Illustration A prisoner is sentenced to 6 years’ imprisonment for offence A. The sentence takes effect from 1 January 2013. The Commissioner makes a remission order for the sentence on 1 January 2017. Under section 50L( b ), the remission order will expire at the end of the day on 31 December 2018. On the prisoner’s release, the prisoner commits offence B and is sentenced to 2 years’ imprisonment for offence B. No enhanced sentence is imposed under section 50T. The sentence for offence B takes effect from 1 June 2017. The Commissioner makes a remission order for the sentence for offence B on 1 October 2018. Under section 50L( b ) the remission order for the sentence for offence B will expire at the end of the day on 31 May 2019. Both remission orders will be merged and deemed to be one remission order, and the merged remission order will expire at the end of the day on 31 May 2019. [1/2014]


document_id: pa-1933
provision_ref: s50N
chapter: PART 5B - REMISSION OF SENTENCES
section: 50N
title: Extension of section 50I or 50J remission order when person released is unlawfully at large, etc.
content:
50N. —(1) Where a person who is released under a remission order made under section 50I or 50J is recalled to prison by the Commissioner under section 50X but fails to report at such prison and on such date specified in the notice of recall, that person’s remission order is extended by a period equivalent to the period the person remains unlawfully at large after the date so specified. [1/2014] (2) Where the court issues a warrant of arrest against a person released under a remission order made under section 50I or 50J while the person’s remission order is still in effect, and the person remains at large after the warrant is issued, the person’s remission order is extended by a period equivalent to the period between the date the warrant is issued and the date of his or her arrest. [1/2014] (3) Where a person released under a remission order made under section 50I or 50J is otherwise unlawfully at large while the person’s remission order is still in effect, the person’s remission order is extended by a period equivalent to the period the person is unlawfully at large. Illustration The Commissioner makes a remission order in respect of a prisoner on 1 January 2013. The remission order expires at the end of the day on 31 December 2013. After the prisoner is released, the Commissioner issues a notice of recall to the prisoner under section 50X, requiring the prisoner to report at a specified prison on 15 December 2013. The prisoner remains unlawfully at large and only reports at the specified prison on 14 January 2014, i.e. 30 days later. The duration of the remission order will be extended by 30 days and it will now expire at the end of the day on 30 January 2014. [1/2014] Division 3 &#x2014; Remission orders for prisoners
sentenced to life imprisonment


document_id: pa-1933
provision_ref: s50O
chapter: PART 5B - REMISSION OF SENTENCES
section: 50O
title: Application
content:
50O. This Division applies to all of the following prisoners: ( a ) a prisoner who is sentenced to life imprisonment, for an offence committed on or after 21 August 1997, whether or not he or she is also sentenced to one or more terms of imprisonment; ( b ) a prisoner whose sentence of death for an offence committed on or after 21 August 1997 is, or has been, commuted to life imprisonment under section 334 of the Criminal Procedure Code 2010 or section 238 of the repealed Criminal Procedure Code (Cap. 68, 1985 Revised Edition); ( c ) a prisoner who is sentenced to be detained during the President’s pleasure under section 213 of the repealed Criminal Procedure Code (Cap. 68, 1985 Revised Edition). [1/2014]


document_id: pa-1933
provision_ref: s50P
chapter: PART 5B - REMISSION OF SENTENCES
section: 50P
title: Review of sentences of life imprisonment, etc.
content:
50P. —(1) Subject to subsection (2), where a prisoner to whom this Division applies has served 20 years of his or her sentence, the Minister must review the prisoner’s case and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner. [1/2014] (2) Where the Minister has refused to direct the Commissioner to make a remission order in respect of a prisoner under subsection (1), the Minister must, unless the prisoner is earlier released from imprisonment, review the Minister’s decision at intervals not exceeding 12 months each and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner. [1/2014]


document_id: pa-1933
provision_ref: s50Q
chapter: PART 5B - REMISSION OF SENTENCES
section: 50Q
title: Effect of section 50P remission order
content:
50Q. When a remission order is made under section 50P in respect of a prisoner to whom this Division applies — ( a ) any default sentence to which the prisoner was sentenced is remitted; ( b ) the sentence of life imprisonment and any other sentence of imprisonment imposed on the prisoner is suspended; and ( c ) the sentences mentioned in paragraph ( b ) are remitted when the remission order expires. [1/2014]


document_id: pa-1933
provision_ref: s50R
chapter: PART 5B - REMISSION OF SENTENCES
section: 50R
title: Duration of section 50P remission order
content:
50R. A remission order made under section 50P — ( a ) has effect for a period starting on the date of the remission order and ending at the end of the natural life of the person in respect of whom the remission order is made; and ( b ) expires at the end of the period mentioned in paragraph ( a ). [1/2014] Division 4 &#x2014; Basic condition of remission order


document_id: pa-1933
provision_ref: s50S
chapter: PART 5B - REMISSION OF SENTENCES
section: 50S
title: All remission orders subject to basic condition
content:
50S. —(1) It is the basic condition of every remission order made under Division 2 or 3 that the person released under the remission order — ( a ) must not commit any offence (not including an offence under section 50Y(1)) while the remission order is in effect; and ( b ) must not be convicted of that offence and sentenced to any of the following: (i) a sentence of imprisonment (not including a default sentence); (ii) corrective training; (iii) reformative training; (iv) preventive detention. [1/2014] (2) Where a person commits an offence in breach of the basic condition of his or her remission order, the person is deemed to have breached the basic condition on the date of the commission of the offence. [1/2014]


document_id: pa-1933
provision_ref: s50T
chapter: PART 5B - REMISSION OF SENTENCES
section: 50T
title: Breach of basic condition and enhanced sentence
content:
50T. —(1) When a person commits an offence in breach of the basic condition of the person’s remission order made under Division 2 or 3, the court may, in addition to imposing any sentence on the person for that offence, impose an enhanced sentence for that offence as follows: ( a ) imprisonment for a term not exceeding the remaining duration of the remission order, as determined based on the date of the commission of the offence; or ( b ) imprisonment for any term or for life, if the duration of the remission order is for the person’s natural life. [1/2014] (2) If a person commits 2 or more offences in breach of the basic condition of the person’s remission order made under Division 2 or 3 — ( a ) the court may, in addition to imposing any sentence on the person for those offences, impose an enhanced sentence under subsection (1) for each of those offences; and ( b ) the aggregate length of all the enhanced sentences imposed under subsection (1) must not exceed the remaining duration of the remission order, as determined based on the date of the earliest offence committed. [1/2014] (3) In deciding whether to impose any enhanced sentence under subsection (1) or (2) with respect to any offence, and if so the length of the enhanced sentence, the court is to consider — ( a ) the gravity of the offence; ( b ) whether the offence is of a similar nature to the offence for which the person under a remission order was originally sentenced; ( c ) the length of time for which the person did not commit any offence after being released under that remission order; and ( d ) all other relevant circumstances. [1/2014] (4) For the purpose of this section, any extension of the duration of a remission order after the date of an offence committed in breach of its basic condition is to be disregarded in determining the remaining duration of a person’s remission order based on the date of that offence. [1/2014] (5) Despite any provision in any written law, a term of imprisonment imposed on any person as an enhanced sentence under this section must run consecutively to all other terms of imprisonment imposed on the person. Illustration A person is released under a remission order having effect from 1 June 2013 to 31 December 2013. On 15 July 2013 the remission order is extended for 7 days (i.e. to 7 January 2014) under section 50N(1) because the person failed to report at a prison after being recalled by the Commissioner. On 1 August 2013 the person commits offence A. On 30 September 2013 the remission order is extended for a further 10 days (i.e. to 17 January 2014) under section 50N(1). On 21 October 2013 the person commits offence B. The person is later sentenced to imprisonment for both offences A and B, rendering the person in breach of the basic condition of the person’s remission order on 1 August 2013 and again on 21 October 2013. The person’s enhanced sentence for offence A cannot exceed the length of the period from 1 August 2013 to 7 January 2014. The person’s enhanced sentence for offence B cannot exceed the length of the period from 21 October 2013 to 17 January 2014. The total length of the enhanced sentences for offences A and B cannot exceed the length of the period from 1 August 2013 to 7 January 2014. [1/2014] Division 5 &#x2014; Mandatory aftercare scheme


document_id: pa-1933
provision_ref: s50U
chapter: PART 5B - REMISSION OF SENTENCES
section: 50U
title: Application
content:
50U. —(1) This Division applies where — ( a ) a remission order is made under section 50I or 50J in respect of a prisoner; ( b ) the prisoner’s remission order relates to a sentence (excluding a default sentence) for an offence which is specified in the First Schedule at the time the offence was committed; ( c ) the prisoner’s sentence for the offence, aggregated with any other consecutive term of imprisonment (excluding a default sentence) to which he or she was sentenced, is longer than the minimum sentence (if any) which, at the time the offence was committed, is prescribed in the First Schedule in relation to the offence; ( d ) the prisoner has a relevant antecedent for the offence, if any such antecedent has been prescribed in the First Schedule in relation to the offence at the time the offence was committed; and ( e ) the prisoner is not subject to an order removing him or her from Singapore under the Immigration Act 1959. [1/2014] (2) This Division also applies where — ( a ) a remission order is made under section 50I or 50J in respect of a prisoner — (i) who is not, on the prisoner’s release, subject to an order removing him or her from Singapore under the Immigration Act 1959; and (ii) whose sentence (excluding a default sentence) for any offence, aggregated with any other consecutive term of imprisonment (excluding a default sentence) to which the prisoner was sentenced, is longer than — (A) 15 years; or (B) any other period that may be prescribed in substitution thereof at the time of the commission of the offence or, where 2 or more offences are committed, at the time of the offence earliest committed; or ( b ) a remission order is made under section 50P in respect of a prisoner who is not, on the prisoner’s release, subject to an order removing him or her from Singapore under the Immigration Act 1959. [1/2014] (3) To avoid doubt, where 2 remission orders are merged under section 50M and subsection (1) or (2) applies to any one of the remission orders which are merged, this Division applies to the merged remission order. [1/2014]


document_id: pa-1933
provision_ref: s50V
chapter: PART 5B - REMISSION OF SENTENCES
section: 50V
title: Mandatory aftercare conditions and variations, etc.
content:
50V. —(1) The Commissioner may, in accordance with this section and for the purpose of facilitating a person’s rehabilitation and reintegration into society, require a person to whom this Division applies to comply with mandatory aftercare conditions. [1/2014] (2) The Commissioner may, by written notice, require a person to comply with all or any of the mandatory aftercare conditions specified in subsection (3) — ( a ) at any time while the remission order relating to the person is in effect; and ( b ) for any period not extending beyond the expiry of the remission order. [1/2014] (3) The mandatory aftercare conditions mentioned in subsection (2) are as follows: ( a ) the person subject to a remission order must attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating the person’s rehabilitation and reintegration into society as the Commissioner may require, at any time and place that the Commissioner may specify in the notice under subsection (2); ( b ) the person must report to provide a specimen of his or her urine or hair for testing at any time and place that the Commissioner may specify in the notice under subsection (2); ( c ) the person must remain indoors at the person’s place of residence, or at any other place that the Commissioner may specify, at any time that the Commissioner may specify in the notice under subsection (2); ( d ) the person must allow the Superintendent and any person authorised by the Superintendent to enter the person’s place of residence or any other place which the person is required to remain at to determine his or her compliance with any mandatory aftercare condition or for any purpose relating to his or her rehabilitation; ( e ) to enable the electronic monitoring of the person’s whereabouts, the person must — (i) wear any electronic transmitting device issued by the Commissioner on any part of his or her person that the Commissioner may specify in the notice under subsection (2); (ii) allow the Superintendent and any person authorised by the Superintendent to enter the person’s place of residence or any other place the person is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device; (iii) comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the person or installed at the person’s place of residence or any other place he or she is required to remain at; (iv) comply with all reporting requirements imposed on him or her; and (v) not tamper with any electronic monitoring device issued to the person or installed at the person’s place of residence or any other place he or she is required to remain at, or otherwise prevent or obstruct the electronic monitoring of the person’s whereabouts; ( f ) the person must comply with a notice of recall served on him or her under section 50X; and ( g ) the person must comply with any other conditions for the purpose of facilitating his or her rehabilitation and reintegration into society that the Commissioner may specify in the notice under subsection (2). [1/2014] (4) The Commissioner may, at any time by written notice served on a particular person — ( a ) vary, cancel or add to any mandatory aftercare condition specified in subsection (3); ( b ) extend or reduce the period for which the person is subject to those mandatory aftercare conditions; and in the case of an extension, the extension must not extend beyond the expiry of the remission order; or ( c ) waive, in any particular case, any of the mandatory aftercare conditions specified in subsection (3). (5) The notice mentioned in subsection (4) must be served — ( a ) by delivering it personally to the person; or ( b ) by any other means that may be prescribed. [1/2014] [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s50W
chapter: PART 5B - REMISSION OF SENTENCES
section: 50W
title: Compliance not required when person detained, etc.
content:
50W. A person is not required to comply with any mandatory aftercare condition of the person’s remission order — ( a ) while he or she is admitted to and detained in an approved institution under the Misuse of Drugs Act 1973; ( b ) while he or she is detained under the Criminal Law (Temporary Provisions) Act 1955; ( c ) while he or she is imprisoned or otherwise in custody or detained under any other written law; ( d ) to the extent that such condition is inconsistent with any condition of a supervision order made under the Misuse of Drugs Act 1973 in respect of the person; ( e ) to the extent that such condition is inconsistent with any condition of a supervision order made under the Criminal Law (Temporary Provisions) Act 1955 in respect of the person; or ( f ) in any other situations that may be prescribed. [1/2014]


document_id: pa-1933
provision_ref: s50X
chapter: PART 5B - REMISSION OF SENTENCES
section: 50X
title: Minor breaches of mandatory aftercare condition
content:
50X. —(1) If the Commissioner is satisfied after due inquiry that a person has committed a minor breach of a mandatory aftercare condition of the person’s remission order, the Commissioner may do one or more of the following for the purpose of punishing the person: ( a ) administer a written warning to the person; ( b ) extend the period for which the person is subject to any mandatory aftercare condition, except that the period must not extend beyond the expiry of the remission order; ( c ) vary, cancel or add to the mandatory aftercare conditions of the person’s remission order; ( d ) recall the person to prison for a specified period in accordance with this section. [1/2014] (2) Subject to the limits in subsection (4), the Commissioner may recall a person to prison by serving upon him or her a notice of recall in accordance with subsection (3). [1/2014] (3) The notice of recall in subsection (2) — ( a ) must be served — (i) by delivering it personally to the person; or (ii) by any other means that may be prescribed; ( b ) may be served by a prison officer, a police officer or an auxiliary police officer; and ( c ) must — (i) specify the prison to which the person is to report; (ii) specify the date and time the person is required to report to the specified prison; and (iii) specify, in days, the number of days for which the person is recalled. [1/2014] (4) The Commissioner must not recall a person — ( a ) for a period exceeding 10 days at a time; ( b ) for a cumulative period of more than 30 days; ( c ) after the expiry of the remission order; or ( d ) for a period extending beyond the expiry of the remission order. [1/2014] (5) When the Commissioner recalls a person to prison under this section — ( a ) the person must, before he or she reports to prison, remain subject to the remission order; ( b ) the person must, when he or she reports to prison, be imprisoned for the period of recall and is, while so imprisoned, deemed to be serving his or her sentence; and ( c ) the person must, after he or she has served the period of recall in prison, be released and continue to be subject to his or her remission order to the extent that it continues to have effect. [1/2014] (6) If the person remains unlawfully at large after the time he or she is required to report to a prison by a notice of recall and is subsequently arrested, he or she must immediately be imprisoned for a period equivalent to the period of recall. [1/2014]


document_id: pa-1933
provision_ref: s50Y
chapter: PART 5B - REMISSION OF SENTENCES
section: 50Y
title: Offence of serious breach of mandatory aftercare condition
content:
50Y. —(1) A person who commits a serious breach of a mandatory aftercare condition of his or her remission order shall be guilty of an offence and shall be liable on conviction to — ( a ) imprisonment for a term not exceeding the remaining duration of the remission order, as determined based on the date of the offence; or ( b ) imprisonment for any term or for life, if the duration of the remission order is for life. [1/2014] (2) In deciding the punishment to be imposed for an offence under subsection (1), the court is to consider — ( a ) the gravity of the serious breach; ( b ) the length of time for which the person did not commit any breach of a mandatory aftercare condition after being released under the remission order; ( c ) whether the serious breach evidences a lack of commitment by the person to his or her rehabilitation and reintegration into society; and ( d ) all other relevant circumstances. [1/2014] (3) If a person commits 2 or more offences under subsection (1) — ( a ) the court may sentence the person under subsection (1) for each of those offences; and ( b ) the aggregate length of all the sentences imposed under subsection (1) must not exceed the remaining duration of the remission order, as determined based on the date of commission of the first offence. [1/2014] (4) For the purpose of this section, any extension of the duration of a remission order after the date of commission of an offence under this section is to be disregarded in determining the remaining duration of a person’s remission order based on the date of commission of the offence. [1/2014] (5) Despite any provision in any written law, a term of imprisonment imposed under this section on any person runs consecutively to all other terms of imprisonment imposed on the person. Illustration A prisoner is released under a remission order having effect from 1 June 2013 to 31 December 2013. The remission order is subject to mandatory aftercare conditions for its whole duration. On 15 July 2013 the remission order is extended for 7 days (i.e. to 7 January 2014) under section 50N(1). On 1 August 2013 the prisoner commits a first offence under section 50Y(1). On 30 September 2013, the remission order is extended for a further 10 days (i.e. to 17 January 2014) under section 50N(1). On 21 October 2013 the prisoner commits a second offence under section 50Y(1). The prisoner’s sentence for the first offence cannot exceed the length of the period from 1 August 2013 to 7 January 2014. The prisoner’s sentence for the second offence cannot exceed the length of the period from 21 October 2013 to 17 January 2014. The total sentence for both offences cannot exceed the length of the period from 1 August 2013 to 7 January 2014. [1/2014]


document_id: pa-1933
provision_ref: s50Z
chapter: PART 5B - REMISSION OF SENTENCES
section: 50Z
title: Powers of arrest, etc.
content:
50Z. —(1) The offence of committing a serious breach of a mandatory aftercare condition under section 50Y(1) shall be an arrestable and bailable offence for the purposes of the Criminal Procedure Code 2010. [1/2014] (2) A prison officer may exercise all the powers which a police officer of equivalent rank may exercise under the Criminal Procedure Code 2010 in respect of an offence of committing a serious breach of a mandatory aftercare condition under section 50Y(1). [1/2014] (3) To avoid doubt, where the Commissioner recalls a prisoner to prison under section 50X, the prisoner is not to be admitted to bail. [1/2014] Division 6 &#x2014; Remission of default sentences


document_id: pa-1933
provision_ref: s50ZA
chapter: PART 5B - REMISSION OF SENTENCES
section: 50ZA
title: Application
content:
50ZA. This Division applies to a prisoner whose sentence of imprisonment consists wholly of default sentences for offences committed before, on or after 1 July 2014. [1/2014]


document_id: pa-1933
provision_ref: s50ZB
chapter: PART 5B - REMISSION OF SENTENCES
section: 50ZB
title: Remission of default sentences
content:
50ZB. —(1) A prisoner to whom this Division applies is, upon the prisoner’s admission to prison, entitled to have his or her sentence remitted in accordance with this section. [1/2014] (2) Section 50I applies to a prisoner to whom this Division applies, subject to the following modifications: ( a ) the Commissioner is not required to make a remission order; and ( b ) on the day the Commissioner would have been required to make a remission order under section 50I, the sentence of the prisoner is remitted. [1/2014] Division 7 &#x2014; Transitional provisions


document_id: pa-1933
provision_ref: s50ZC
chapter: PART 5B - REMISSION OF SENTENCES
section: 50ZC
title: Application
content:
50ZC. —(1) This Division applies to a prisoner — ( a ) convicted before, on or after 1 July 2014; ( b ) whose sentence of imprisonment does not include a sentence of life imprisonment for an offence committed on or after 21 August 1997; and ( c ) whose sentence of imprisonment includes a term of imprisonment (not including a default sentence) imposed for an offence committed before 1 July 2014. [1/2014] (2) For the purposes of subsection (1) and this Division, a sentence of life imprisonment imposed for an offence committed before 21 August 1997 is deemed to be a sentence of imprisonment for a term of 20 years. [1/2014]


document_id: pa-1933
provision_ref: s50ZD
chapter: PART 5B - REMISSION OF SENTENCES
section: 50ZD
title: Remission of sentences relating to offences committed before 1 July 2014
content:
50ZD. —(1) This section applies to a prisoner whose sentence of imprisonment (not including any default sentence), consists wholly of terms of imprisonment imposed for an offence or offences all of which were committed before 1 July 2014. [1/2014] (2) Section 50I applies to the prisoner, subject to the following modifications: ( a ) the actual making of a remission order under that section is not required; and ( b ) the sentence of the prisoner which, on 1 July 2014, has yet to be served is remitted on the day the Commissioner would have been required to make a remission order in respect of the prisoner under section 50I. [1/2014] (3) To avoid doubt, Divisions 4 and 5 do not apply when a sentence is remitted under subsection (2)( b ). [1/2014] (4) Where a prisoner to whom this section applies has served 20 years of the prisoner’s sentence and the Commissioner is not required under section 50I to make a remission order in respect of the prisoner, the Minister must review the prisoner’s case in accordance with section 50J and may, in the Minister’s discretion, direct the Commissioner to make a remission order under section 50J. [1/2014] (5) For the purposes of subsection (4), where a prisoner has served 20 years or more of the prisoner’s sentence on 1 July 2014, the Minister must review the prisoner’s case in accordance with section 50J as soon as practicable after 1 July 2014. [1/2014] (6) When the Commissioner is directed by the Minister to make a remission order under section 50J read with subsection (4), Division 2 applies except that the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(3): ( a ) first, work out the portion (in days) of the prisoner’s sentence that has not been served; ( b ) second, work out the portion (in days) of the prisoner’s sentence — (i) starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and (ii) ending on the day the prisoner would have been released from prison if no remission order was made in respect of him or her; ( c ) third, subtract the portion of the prisoner’s sentence worked out under paragraph ( b ) from the portion of the prisoner’s sentence worked out under paragraph ( a ). [1/2014] (7) The portion of the prisoner’s sentence worked out under subsection (6)( b ) is to be remitted upon the making of the remission order. Illustration A prisoner is sentenced to 36 years’ imprisonment for various offences, all of which were committed before 1 July 2014. The sentence is ordered to take effect from 1 January 2013. While serving imprisonment the prisoner is sentenced to forfeiture of one month’s remission for a prison offence. The Minister reviews the prisoner’s case on 1 January 2033, when the prisoner has served 20 years of the prisoner’s sentence and directs the Commissioner to make a remission order under section 50J on the same date. The Commissioner would have been required to make a remission order under section 50I in respect of that prisoner on 1 February 2037, when the prisoner has served 24 years (comprising two‑thirds of his or her sentence) and one month (comprising the forfeiture of remission) of his or her sentence. Consequent to the remission order under section 50J, the prisoner’s sentence will be remitted save for a term of 4 years one month, which is the length of the period between the date of the remission order under section 50J and the date on which the Commissioner would have been required to make a remission order under section 50I. The term of 4 years one month will be suspended, and will be remitted upon the expiry of the remission order. [1/2014]


document_id: pa-1933
provision_ref: s50ZE
chapter: PART 5B - REMISSION OF SENTENCES
section: 50ZE
title: Remission of sentences for offences committed both before and on or after 1 July 2014
content:
50ZE. —(1) This section applies to a prisoner whose sentence of imprisonment (not including any default sentence) consists of terms of imprisonment imposed for offences committed both before 1 July 2014, and on or after 1 July 2014. [1/2014] (2) The prisoner is, upon the prisoner’s admission to prison, entitled to have his or her sentence remitted in accordance with Division 2 as modified by subsections (3), (4), (5) and (6). [1/2014] (3) When a remission order is made by the Commissioner under section 50I in respect of a prisoner to whom this section applies, the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(2) or (3), as the case may be: ( a ) first, work out the portion (in days) of the prisoner’s aggregate sentence that has not been served; ( b ) second, apportion the total time (in days) the prisoner spent serving his or her aggregate sentence among each of his or her consecutive terms of imprisonment (including default sentences) such that each sentence is served in the same proportion; ( c ) third, work out the portion (in days) of any default sentence which has not been served under paragraph ( b ); ( d ) fourth, for an offence committed before 1 July 2014, work out the portion (in days) of the sentence which has not been served under paragraph ( b ); ( e ) fifth, add the portions of the prisoner’s sentences worked out under paragraphs ( c ) and ( d ); ( f ) sixth, subtract the portion of the prisoner’s sentences worked out under paragraph ( e ) from the portion of the prisoner’s sentence worked out under paragraph ( a ). Illustration A prisoner is sentenced to 9 years’ imprisonment for offence A, committed before 1 July 2014, and 6 years’ imprisonment for offence B, committed after 1 July 2014. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)( a ). The sentences are ordered to run consecutively and to take effect from 1 January 2015. The Commissioner makes a remission order under section 50I on 1 January 2025, the day after the day where the prisoner has served two‑thirds of his or her sentence. The time the prisoner spent serving his or her sentence (10 years) will be apportioned between offences A and B such that the prisoner has served the same proportion of each sentence, i.e. 6 years of the sentence for offence A and 4 years of the sentence for offence B. The portion of the sentence for offence A which has not been served (3 years) will be remitted. The portion of the sentence for offence B which has not been served (2 years) will be the remainder of the prisoner’s sentence, which is suspended until the remission order expires, whereupon it will be remitted. [1/2014] (4) Where a prisoner has served 20 years or more of his or her sentence on 1 July 2014, the Minister must review the prisoner’s case in accordance with section 50J as soon as practicable after 1 July 2014. [1/2014] (5) If the Minister directs the Commissioner to make a remission order under section 50J, the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(4): ( a ) first, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served — (i) starting on the date of the remission order made under section 50J; and (ii) ending on the day immediately before the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; ( b ) second, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served — (i) starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and (ii) ending on the day the prisoner would have been released from prison had no remission order was made in respect of the prisoner; ( c ) third, apportion the portion of the prisoner’s aggregate sentence worked out under paragraph ( b ) between each consecutive term of imprisonment (including default sentences) to which the prisoner was sentenced such that the same proportion of each sentence has not been served; ( d ) fourth, work out the portion (in days) of all sentences (other than default sentences) for offences committed on or after 1 July 2014 as apportioned under paragraph ( c ); ( e ) fifth, add the portion of the prisoner’s sentence worked out under paragraph ( a ) to the portion of the prisoner’s sentence worked out under paragraph ( d ). Illustration A prisoner is sentenced to 18 years’ imprisonment for offence A, committed before 1 July 2014, and 15 years’ imprisonment for offence B, committed after 1 July 2014. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)( a ). The sentences are ordered to run consecutively and to take effect from 1 January 2015. The Minister reviews the prisoner’s case on 1 January 2035, when the prisoner has served 20 years of his or her sentence and directs the Commissioner to make a remission order under section 50I on the same date. The Commissioner would have been required to make a remission order under section 50I on 1 January 2037, when the prisoner has served 22 years (two‑thirds) of his or her sentence. If the prisoner had continued to serve his or her sentence until the Commissioner made a remission order on that date, the portion of the prisoner’s sentence of 33 years which would have not been served would be 11 years. This would be apportioned proportionally between the sentences for offences A and B, such that 6 years of the sentence for offence A has not been served and 5 years for offence B has not been served. The portion for offence A which has not been served (6 years) will be remitted. The portion for offence B (5 years) which has not been served will be added to the portion of the prisoner’s sentence from the date on which the Minister directs the Commissioner to make the remission order under section 50I to the day on which the Commissioner would have been required to make a remission order under section 50I (2 years). The aggregate term (7 years) so determined would be suspended and would be remitted when the remission order expires. [1/2014] (6) The following portions of a prisoner’s sentence are remitted: ( a ) the portion of any default sentence as worked out under subsection (3)( c ) or (5)( c ); ( b ) the portion of any sentence for an offence committed before 1 July 2014, as worked out under subsection (3)( d ) or (5)( c ). [1/2014]


document_id: pa-1933
provision_ref: s50ZF
chapter: PART 5B - REMISSION OF SENTENCES
section: 50ZF
title: Application of Divisions 4 and 5
content:
50ZF. —(1) To avoid doubt — ( a ) Division 4 applies to a prisoner mentioned in section 50ZC who is released under a remission order made under section 50I or 50J read with the provisions of this Division; and ( b ) Division 5 applies to a prisoner mentioned in section 50ZC — (i) who is released under a remission order made under section 50I or 50J read with the provisions of this Division; and (ii) to whom section 50U applies. [1/2014] (2) Division 5 also applies to a prisoner mentioned in section 50ZC — ( a ) who is released under a remission order made under section 50J read with the provisions of this Division; and ( b ) to whom section 50U would apply if any of the offences he or she committed before 1 July 2014 had been committed on 1 July 2014. [1/2014] 50ZG. [ Omitted as spent ]


document_id: pa-1933
provision_ref: s51
chapter: PART 6 - HOME DETENTION SCHEME
section: 51
title: Interpretation of this Part
content:
51. In this Part — [ Deleted by Act 6 of 2022 wef 02/09/2022 ] [ Deleted by Act 6 of 2022 wef 02/09/2022 ] “Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner had been released for home detention. [1/2014]


document_id: pa-1933
provision_ref: s52
chapter: PART 6 - HOME DETENTION SCHEME
section: 52
title: Order for home detention
content:
52. Subject to section 53, the Commissioner may, for the purpose of facilitating a prisoner’s rehabilitation and reintegration into society, by order release a prisoner who is eligible for home detention for a period not exceeding 12 months or any other period that the Minister may, by notification in the Gazette , prescribe in substitution thereof. [1/2014]


document_id: pa-1933
provision_ref: s53
chapter: PART 6 - HOME DETENTION SCHEME
section: 53
title: Eligibility for home detention
content:
53. —(1) A prisoner is eligible to be released for home detention under section 52 if — ( a ) the prisoner is serving a sentence of imprisonment for a term of not less than 4 weeks or any other period that the Minister may, by notification in the Gazette , prescribe in substitution thereof; ( b ) the prisoner has served not less than 14 days of his or her sentence of imprisonment or any other period that the Minister may, by notification in the Gazette , prescribe in substitution thereof; and ( c ) the prisoner is not a prisoner specified under the Second Schedule as being disqualified from being released for home detention under section 52. [33/2004; 1/2014] (2) The disqualification of a prisoner under subsection (1)( c ) may be removed by the Minister if the Minister considers that the prisoner is deserving of home detention, having regard to the circumstances of the case, including the following factors: ( a ) the prisoner’s progress and response to rehabilitation in prison; ( b ) the prisoner’s family support; ( c ) the risk of recidivism by the prisoner. [33/2004] (3) For the purpose of subsection (1)( a ), the total consecutive periods of imprisonment of whatever nature is treated as one sentence.


document_id: pa-1933
provision_ref: s54
chapter: PART 6 - HOME DETENTION SCHEME
section: 54
title: Conditions for home detention
content:
54. —(1) A prisoner subject to a home detention order must — ( a ) attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating his or her rehabilitation and reintegration into society as the Commissioner may require, at any time and place that the Commissioner may specify; ( b ) report to provide a specimen of his or her urine or hair for testing at any time and place that the Commissioner may specify; ( c ) remain indoors at his or her place of residence, or at any other place that the Commissioner may specify, at any time that the Commissioner may specify; ( d ) allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place the prisoner is required to remain at, to determine his or her compliance with any condition of the home detention order or for any purpose relating to his or her rehabilitation; ( da ) not consume any controlled drug, psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance; [Act 6 of 2022 wef 02/09/2022] [Act 12 of 2023 wef 01/06/2024] ( db ) not have in the prisoner’s possession any controlled drug or psychoactive substance; [Act 6 of 2022 wef 02/09/2022] [Act 12 of 2023 wef 01/06/2024] ( e ) to enable the electronic monitoring of the prisoner’s whereabouts — (i) wear any electronic transmitting device issued by the Commissioner on any part of his or her person that the Commissioner may specify; (ii) allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place he or she is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device; (iii) comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner or installed at his or her place of residence or any other place he or she is required to remain at; (iv) comply with all reporting requirements imposed on him or her; and (v) not tamper with any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence, or any other place the prisoner is required to remain at, or otherwise prevent or obstruct the electronic monitoring of his or her whereabouts; and ( f ) comply with such other conditions as the Commissioner may specify in the order. [1/2014] (2) The Commissioner may at any time by written order served on the prisoner subject to a home detention order — ( a ) vary, cancel or add to any of the conditions specified in subsection (1); or ( b ) exempt the prisoner from any of the conditions specified in subsection (1). [1/2014] (3) The order mentioned in subsection (2) must be served — ( a ) by delivering it personally to the prisoner; or ( b ) by any other means that may be prescribed. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s55
chapter: PART 6 - HOME DETENTION SCHEME
section: 55
title: Effect of home detention order
content:
55. Where a home detention order is in force in respect of a prisoner — ( a ) the prisoner is deemed to be serving his or her sentence of imprisonment; ( b ) the prisoner is deemed to be in the lawful custody of the Superintendent; and ( c ) the prisoner is entitled to earn remission in respect of the period of imprisonment which is served under the order.


document_id: pa-1933
provision_ref: s56
chapter: PART 6 - HOME DETENTION SCHEME
section: 56
title: Recall to prison
content:
56. —(1) If a Superintendent has reason to suspect that a prisoner has failed to comply with any of the conditions of the home detention order, or has committed any offence while being subject to a home detention order, the Superintendent may — ( a ) make such inquiry as may be necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the home detention order or committed any offence while being subject to the order; and [Act 6 of 2022 wef 02/09/2022] ( b ) recall the prisoner to prison pending the completion of the inquiry. [Act 6 of 2022 wef 02/09/2022] (2) The period of the home detention order of a prisoner who is recalled to prison under subsection (1)( b ) continues to run, despite the fact that the prisoner is recalled to prison, unless the order is revoked under section 57 or suspended under section 58.


document_id: pa-1933
provision_ref: s57
chapter: PART 6 - HOME DETENTION SCHEME
section: 57
title: Revocation of home detention order
content:
57. —(1) If the Commissioner is satisfied after due inquiry that — ( a ) a prisoner failed to return to prison after he or she was recalled to prison under section 56(1)( b ); ( b ) a prisoner failed to comply with any of the conditions of the home detention order; ( c ) a prisoner committed any offence while being subject to a home detention order; [Act 6 of 2022 wef 02/09/2022] ( d ) the whereabouts of a prisoner can no longer be electronically monitored at the prisoner’s place of residence, or at such other place or places at which the prisoner is required to remain within doors under the conditions of the home detention order; or ( e ) it is necessary in the public interest to do so, the Commissioner may revoke the home detention order in respect of that prisoner and recall the prisoner to prison, and the prisoner is, if at large, deemed to be unlawfully at large. [1/2014] (2) Upon the revocation of the home detention order under subsection (1), the prisoner is to serve the unexpired part of his or her sentence of imprisonment in prison.


document_id: pa-1933
provision_ref: s58
chapter: PART 6 - HOME DETENTION SCHEME
section: 58
title: Suspension of home detention order
content:
58. Where a prisoner subject to a home detention order is punished with any punishment under section 70(1)( a ) or ( b ) (or both) or 71(1)( b ) or ( c ) (or both), the prisoner’s home detention order may, unless revoked under section 57, be suspended for any of the following periods, starting on the date on which the prisoner is punished: ( a ) the period that the prisoner is confined in a punishment cell pursuant to an order under section 70(1)( a ) or 71(1)( b ); ( b ) the period of remission which is forfeited pursuant to an order under section 70(1)( b ) or 71(1)( c ); ( c ) the sum of the period for which the prisoner is ordered to undergo confinement under section 70(1)( a ) or 71(1)( b ) and the period of remission forfeited under section 70(1)( b ) or 71(1)( c ). [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59
chapter: PART 6 - HOME DETENTION SCHEME
section: 59
title: Powers to enter and search
content:
59. A police officer of or above the rank of Assistant Superintendent of Police or a police officer authorised by him or her may — ( a ) enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after — (i) the prisoner is recalled by the Superintendent under section 56(1)( b ); or (ii) the Commissioner revokes the home detention order under section 57(1); and ( b ) in order to effect an entrance into that place, break open any outer or inner door or window of that place if he or she cannot otherwise obtain admittance to that place. [1/2014]


document_id: pa-1933
provision_ref: s59A
chapter: PART 6A - EXTERNAL PLACEMENT SCHEME
section: 59A
title: Interpretation of this Part
content:
59A. In this Part — [ Deleted by Act 6 of 2022 wef 02/09/2022 ] [ Deleted by Act 6 of 2022 wef 02/09/2022 ] “Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner is released for external placement. [1/2014]


document_id: pa-1933
provision_ref: s59B
chapter: PART 6A - EXTERNAL PLACEMENT SCHEME
section: 59B
title: External placement order
content:
59B. —(1) The Minister may, if the Minister is of the view that it is more appropriate for a prisoner to serve the prisoner’s sentence in a place other than a prison, direct the Commissioner to make an external placement order in respect of the prisoner for a period not exceeding 12 months. [1/2014] (2) The Minister may direct the Commissioner to extend the duration of an external placement order for one or more times, by a period not exceeding 12 months each time. [1/2014] (3) In determining for the purposes of subsections (1) and (2) and section 59H(1) whether it is more appropriate for a prisoner to serve his or her sentence in a place other than a prison — ( a ) the Minister must have regard to the following factors: (i) that it is ordinarily in the public interest that prisoners serve their sentences in a prison; (ii) the threat (if any) likely to be posed by the prisoner to public safety if he or she is released or continues to be released on external placement; and ( b ) the Minister may have regard to the following factors: (i) the physical condition of the prisoner; (ii) the mental condition of the prisoner; (iii) any other relevant circumstances. [1/2014]


document_id: pa-1933
provision_ref: s59C
chapter: PART 6A - EXTERNAL PLACEMENT SCHEME
section: 59C
title: Effect of external placement order
content:
59C. —(1) A prisoner must be released on the day an external placement order is made in respect of him or her. [1/2014] (2) Where an external placement order is in force in respect of a prisoner, the prisoner is deemed — ( a ) to be still serving his or her sentence; and ( b ) to be still in the lawful custody of the Superintendent. [1/2014]


document_id: pa-1933
provision_ref: s59D
chapter: PART 6A - EXTERNAL PLACEMENT SCHEME
section: 59D
title: Conditions for external placement
content:
59D. —(1) A prisoner subject to an external placement order — ( a ) must remain indoors at his or her place of residence, or at any other place that the Commissioner may specify, at such times as the Commissioner may specify; ( b ) must allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place the prisoner is required to remain at, to determine his or her compliance with any condition of the external placement order or for any purpose relating to his or her rehabilitation; ( ba ) must not consume any controlled drug, psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance; [Act 6 of 2022 wef 02/09/2022] [Act 12 of 2023 wef 01/06/2024] ( bb ) must not have in the prisoner’s possession any controlled drug or psychoactive substance; [Act 6 of 2022 wef 02/09/2022] [Act 12 of 2023 wef 01/06/2024] ( c ) must do all of the following to enable the electronic monitoring of the prisoner’s whereabouts: (i) wear any electronic transmitting device issued by the Commissioner on any part of his or her person that the Commissioner may specify; (ii) allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place he or she is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device; (iii) comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner or installed at his or her place of residence or any other place he or she is required to remain at; (iv) comply with all reporting requirements imposed on him or her by the Commissioner; (v) not tamper with any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence, or any other place he or she is required to remain at, or otherwise prevent or obstruct the electronic monitoring of his or her whereabouts; and ( d ) must comply with any other conditions that the Commissioner may specify in the external placement order. [1/2014] (2) The matters to be specified by the Commissioner under subsection (1) must be specified by written notice. [1/2014] (3) The Commissioner may, at any time and by written notice served on any particular prisoner subject to an external placement order — ( a ) vary, cancel or add to any of the conditions specified in subsection (1); or ( b ) exempt the prisoner from any of the conditions specified in subsection (1). [1/2014] (4) The notice mentioned in subsection (3) must be served — ( a ) by delivering it personally to the prisoner; or ( b ) by any other means that may be prescribed. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59E
chapter: PART 6A - EXTERNAL PLACEMENT SCHEME
section: 59E
title: Recall to prison
content:
59E. —(1) If a Superintendent has reason to suspect that a prisoner who is subject to an external placement order has failed to comply with any of the conditions of the external placement order, or has committed any offence while being so subject, the Superintendent may — ( a ) make any inquiry that may be necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the external placement order or committed any offence while being so subject; and [Act 6 of 2022 wef 02/09/2022] ( b ) recall the prisoner to prison pending the completion of the inquiry. [1/2014] [Act 6 of 2022 wef 02/09/2022] (2) The external placement order for a prisoner who is recalled to prison under subsection (1)( b ) continues to be in force despite the fact that he or she is recalled to prison. [1/2014]


document_id: pa-1933
provision_ref: s59F
chapter: PART 6A - EXTERNAL PLACEMENT SCHEME
section: 59F
title: Revocation of external placement order
content:
59F. —(1) If the Commissioner is satisfied after due inquiry that — ( a ) a prisoner failed to return to prison after he or she was recalled to prison under section 59E(1)( b ); ( b ) a prisoner failed to comply with any of the conditions of the external placement order; ( c ) a prisoner committed any offence while being subject to an external placement order; [Act 6 of 2022 wef 02/09/2022] ( d ) the whereabouts of a prisoner can no longer be electronically monitored at the prisoner’s place of residence, or at such other place or places at which the prisoner is required to remain within doors under the conditions of the external placement order; or ( e ) it is necessary in the public interest to do so, the Commissioner may revoke the external placement order in respect of that prisoner and, if the prisoner is not already detained in prison, recall the prisoner to prison; and the prisoner is, if then at large, deemed to be unlawfully at large. [1/2014] (2) Upon the revocation of the external placement order under subsection (1), the prisoner must serve the unexpired part of his or her sentence in prison. [1/2014]


document_id: pa-1933
provision_ref: s59G
chapter: PART 6A - EXTERNAL PLACEMENT SCHEME
section: 59G
title: Suspension of external placement order
content:
59G. Where a prisoner subject to an external placement order is punished with any punishment under section 70(1)( a ) or ( b ) (or both) or section 71(1)( b ) or ( c ) (or both), the external placement order may, unless revoked under section 59F, be suspended for any of the following periods, starting on the date on which the prisoner is punished: ( a ) the period that the prisoner is confined in a punishment cell pursuant to an order under section 70(1)( a ) or 71(1)( b ); ( b ) the period of remission which is forfeited pursuant to an order under section 70(1)( b ) or 71(1)( c ); ( c ) the sum of the period for which the prisoner is ordered to undergo confinement under section 70(1)( a ) or 71(1)( b ) and the period of remission forfeited under section 70(1)( b ) or 71(1)( c ). [1/2014] [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59H
chapter: PART 6A - EXTERNAL PLACEMENT SCHEME
section: 59H
title: Cancellation of external placement order
content:
59H. —(1) The Minister may, if the Minister is of the view that it is no longer appropriate for a prisoner released under an external placement order to serve the prisoner’s sentence in a place other than a prison, cancel the external placement order in respect of that prisoner and recall the prisoner to prison; and the prisoner is, if at large, then deemed to be unlawfully at large. [1/2014] (2) Upon the cancellation of the external placement order under subsection (1), the prisoner must serve the unexpired part of his or her sentence in prison. [1/2014]


document_id: pa-1933
provision_ref: s59I
chapter: PART 6A - EXTERNAL PLACEMENT SCHEME
section: 59I
title: Powers to enter and search
content:
59I. A police officer of or above the rank of Assistant Superintendent of Police or a police officer authorised by him or her may — ( a ) enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after — (i) the prisoner is recalled by the Superintendent under section 59E(1)( b ); (ii) the Commissioner revokes the external placement order under section 59F(1); or (iii) the Minister cancels the external placement order under section 59H(1); and ( b ) in order to effect an entrance into that place, break open any outer or inner door or window of that place if the police officer cannot otherwise obtain admittance to that place. [1/2014]


document_id: pa-1933
provision_ref: s59J
chapter: PART 6B - EMPLOYMENT PREPARATION SCHEME
section: 59J
title: Interpretation of this Part
content:
59J. In this Part, “Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner is released for employment preparation. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59K
chapter: PART 6B - EMPLOYMENT PREPARATION SCHEME
section: 59K
title: Employment preparation order
content:
59K. —(1) Subject to section 59L, the Commissioner may, for the purposes of enhancing a prisoner’s employability and facilitating the prisoner’s reintegration into society, by order release a prisoner who is eligible for employment preparation for any one or both of the following purposes: ( a ) to be employed, in any place outside the limits of the prison in which the prisoner is detained, by any employer that may be specified in the order; ( b ) to participate, in any place outside the limits of the prison in which the prisoner is detained, in any educational or occupational training programme, or any other activity for the purpose of facilitating the prisoner to be gainfully employed, that may be specified in the order. (2) An employment preparation order is valid for such period specified in the order, unless earlier revoked under section 59P(1) or suspended under section 59Q. (3) The Commissioner may grant a prisoner mentioned in subsection (1) leave to return to the prisoner’s place of residence, or any other place that the Commissioner may specify, after the prisoner has completed the prisoner’s work, programme or activity for the day, at such times as the Commissioner may specify. (4) The Commissioner may at any time revoke any leave granted to a prisoner under subsection (3). [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59L
chapter: PART 6B - EMPLOYMENT PREPARATION SCHEME
section: 59L
title: Eligibility for employment preparation
content:
59L. —(1) A prisoner is eligible to be released for employment preparation under section 59K if — ( a ) the prisoner has served not less than 14 days, or any other period that the Minister may prescribe by notification in the Gazette , of the prisoner’s sentence of imprisonment; and ( b ) the Commissioner considers that the prisoner is suitable for employment preparation, having regard to the circumstances of the case, including the following factors: (i) the prisoner’s progress and response to rehabilitation in prison; (ii) the prisoner’s family support; (iii) the risk of recidivism by the prisoner. (2) For the purposes of subsection (1)( a ), the total consecutive periods of imprisonment of whatever nature are to be treated as one sentence. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59M
chapter: PART 6B - EMPLOYMENT PREPARATION SCHEME
section: 59M
title: Conditions for employment preparation
content:
59M. —(1) A prisoner subject to an employment preparation order who has not been granted leave under section 59K(3) to return to the prisoner’s place of residence or any other place specified by the Commissioner must — ( a ) not leave the prison in which the prisoner is detained without the approval of the prison officer on duty or any other person authorised by the Commissioner for the purposes of this section (called in this section an authorised person); ( b ) not be absent, without good cause, from the prisoner’s work with the employer, or from the prisoner’s programme or activity, as specified in the employment preparation order; ( c ) return to the prison and report to the prison officer on duty or an authorised person immediately after completing the prisoner’s work, programme or activity for the day; ( d ) provide a specimen of the prisoner’s urine or hair for testing at such times as the prison officer on duty or an authorised person may require; ( e ) not consume any controlled drug, psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance; [Act 12 of 2023 wef 01/06/2024] ( f ) not have in the prisoner’s possession any controlled drug, psychoactive substance, alcoholic beverage or intoxicating substance; [Act 12 of 2023 wef 01/06/2024] ( g ) not bring, or attempt by any means to introduce, into the prison any unauthorised article; ( h ) if required by the Commissioner, do all of the following to enable the electronic monitoring of the prisoner’s whereabouts: (i) wear any electronic transmitting device issued by the Commissioner on such part of the prisoner’s body as the Commissioner may specify; (ii) comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner; (iii) not tamper with any electronic monitoring device issued to the prisoner, or otherwise prevent or obstruct the electronic monitoring of the prisoner’s whereabouts; and ( i ) comply with any other conditions that the Commissioner may specify in the order. (2) Where the prisoner has been granted leave under section 59K(3) to return to the prisoner’s place of residence or any other place specified by the Commissioner, the prisoner subject to an employment preparation order must — ( a ) not be absent, without good cause, from the prisoner’s work with the employer, or from the prisoner’s programme or activity, as specified in the employment preparation order; ( b ) return to the prisoner’s place of residence or any other place specified by the Commissioner immediately after completing the prisoner’s work, programme or activity for the day; ( c ) not consume any controlled drug, psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance; [Act 12 of 2023 wef 01/06/2024] ( d ) not have in the prisoner’s possession any controlled drug or psychoactive substance; [Act 12 of 2023 wef 01/06/2024] ( e ) present himself or herself to provide a specimen of the prisoner’s urine or hair for testing at such times and at such places as the Commissioner may specify; ( f ) remain indoors at the prisoner’s place of residence, or at any other place specified by the Commissioner, at the times specified by the Commissioner; ( g ) allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place the prisoner is required to remain at, to determine the prisoner’s compliance with any condition of the employment preparation order or for any purpose relating to facilitating the prisoner’s reintegration into society; ( h ) do all of the following to enable the electronic monitoring of the prisoner’s whereabouts: (i) wear any electronic transmitting device issued by the Commissioner on such part of the prisoner’s body as the Commissioner may specify; (ii) allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place the prisoner is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device; (iii) comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner, or installed at the prisoner’s place of residence or any other place the prisoner is required to remain at; (iv) comply with all reporting requirements imposed on the prisoner; (v) not tamper with any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence, or any other place the prisoner is required to remain at, or otherwise prevent or obstruct the electronic monitoring of the prisoner’s whereabouts; and ( i ) comply with any other conditions that the Commissioner may specify in the order. (3) The Commissioner may at any time by order in writing served on a prisoner subject to an employment preparation order — ( a ) vary, cancel or add to any of the conditions specified in subsection (1) or (2); or ( b ) exempt the prisoner from any of the conditions specified in subsection (1) or (2). (4) The order mentioned in subsection (3) must be served — ( a ) by delivering it personally to the prisoner; or ( b ) by any other means that may be prescribed. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59N
chapter: PART 6B - EMPLOYMENT PREPARATION SCHEME
section: 59N
title: Effect of employment preparation order
content:
59N. Where an employment preparation order is in force in respect of a prisoner, the prisoner — ( a ) is taken to be — (i) serving the prisoner’s sentence of imprisonment; and (ii) in the lawful custody of the Superintendent; and ( b ) is entitled to earn remission in respect of the period of imprisonment which is served under the order. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59O
chapter: PART 6B - EMPLOYMENT PREPARATION SCHEME
section: 59O
title: Recall to prison
content:
59O. —(1) If a Superintendent has reason to suspect that a prisoner has failed to comply with any of the conditions of an employment preparation order, or has committed any offence while being subject to an employment preparation order, the Superintendent may — ( a ) make any inquiry that is necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the employment preparation order, or has committed any offence while being subject to the employment preparation order; and ( b ) recall the prisoner to prison pending the completion of the inquiry. (2) The employment preparation order for a prisoner who is recalled to prison under subsection (1)( b ) continues to be in force despite the fact that the prisoner is recalled to prison. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59P
chapter: PART 6B - EMPLOYMENT PREPARATION SCHEME
section: 59P
title: Revocation of employment preparation order
content:
59P. —(1) If the Commissioner is satisfied after due inquiry that — ( a ) a prisoner has failed to return to prison after the prisoner has been recalled to prison under section 59O(1)( b ); ( b ) a prisoner has failed to comply with any of the conditions of the employment preparation order; ( c ) a prisoner has committed any offence while being subject to an employment preparation order; ( d ) the whereabouts of a prisoner can no longer be electronically monitored at the prisoner’s place of residence, or any other place the prisoner is required to remain at, under the conditions of the prisoner’s employment preparation order; ( e ) a prisoner has for any reason ceased to be — (i) employed under section 59K(1)( a ); or (ii) a participant in any educational or occupational training programme, or any such activity, as specified in the employment preparation order under section 59K(1)( b ); or ( f ) it is necessary in the public interest to do so, the Commissioner may revoke the employment preparation order in respect of that prisoner and recall the prisoner to prison, and the prisoner, if at large, is taken to be unlawfully at large. (2) Upon the revocation of the employment preparation order under subsection (1), the prisoner must serve the unexpired part of the prisoner’s sentence of imprisonment in prison. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59Q
chapter: PART 6B - EMPLOYMENT PREPARATION SCHEME
section: 59Q
title: Suspension of employment preparation order
content:
59Q. Where a prisoner subject to an employment preparation order is punished with any punishment under section 70(1)( a ) or ( b ) (or both) or section 71(1)( b ) or ( c ) (or both), the prisoner’s employment preparation order may, unless revoked under section 59P(1), be suspended for any of the following periods, starting on the date on which the prisoner is punished: ( a ) the period that the prisoner is confined in a punishment cell pursuant to an order under section 70(1)( a ) or 71(1)( b ); ( b ) the period of remission that is forfeited pursuant to an order under section 70(1)( b ) or 71(1)( c ); ( c ) the sum of the period for which the prisoner is ordered to undergo confinement under section 70(1)( a ) or 71(1)( b ) and the period of remission forfeited under section 70(1)( b ) or 71(1)( c ). [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s59R
chapter: PART 6B - EMPLOYMENT PREPARATION SCHEME
section: 59R
title: Power to enter and search
content:
59R. A police officer of or above the rank of Assistant Superintendent of Police, or a police officer authorised by the firstmentioned police officer, may — ( a ) enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after — (i) the prisoner has been recalled by the Superintendent under section 59O(1)( b ); or (ii) the Commissioner revokes the employment preparation order under section 59P(1); and ( b ) in order to effect an entrance into that place, break open any outer or inner door or window of that place if the police officer cannot otherwise obtain entry into that place. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s60
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 60
title: Offences governing prison supplies
content:
60. —(1) A prison officer, medical officer, member or employee of the Corporation or any other person working in a prison must not — ( a ) sell, supply or receive, directly or indirectly, any benefit or advantage from the sale or supply of any article to or for the use of any prisoner or for the use of any prison; ( b ) directly or indirectly have any interest in any contract or agreement for the sale or supply of any article mentioned in paragraph ( a ); or ( c ) directly or indirectly have any pecuniary interest in the purchase of any prison supplies, or receive any discount, gift or other consideration from contractors for or sellers of such supplies, or have any pecuniary dealing with prisoners or with their friends with regard to them. [33/2004] (2) A prison officer, medical officer, member or employee of the Corporation or any other person working in a prison must not hold any communication with any person on behalf of any prisoner unless authorised by the Commissioner, any Deputy Commissioner or the Superintendent. [33/2004; 1/2014] [Act 6 of 2022 wef 02/09/2022] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: pa-1933
provision_ref: s61
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 61
title: Desertion
content:
61. Any prison officer who unlawfully or in breach of his or her engagement absents himself or herself from duty under circumstances which show that that prison officer has the intention of not returning to his or her duty shall be deemed to have deserted, and shall be liable on conviction to imprisonment for a term not exceeding 12 months, and all arrears of pay due to him or her shall be forfeited.


document_id: pa-1933
provision_ref: s62
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 62
title: Payment of money forbidden
content:
62. —(1) Any money or other consideration must not on any pretext whatsoever be payable, paid, given or promised by or on behalf of any prisoner, either on his or her entry into, commitment to, continuance in or discharge from any prison, to any prison officer, medical officer, member or employee of the Corporation, or to any other person working in a prison. (2) Any such person receiving or demanding any such money or other consideration or undertaking any service in consideration of receiving or the promising of such money or other consideration shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,200 or to imprisonment for a term not exceeding 6 months or to both. (3) Any public officer convicted under this section may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited.


document_id: pa-1933
provision_ref: s63
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 63
title: Delivery of uniform, etc., on leaving
content:
63. —(1) A prison officer must, before leaving the Singapore Prison Service (whether by resignation, dismissal, discharge or otherwise), deliver up in good order (fair wear and tear excepted only) any arms, ammunition, accoutrement, uniform or other article supplied to him or her as a prison officer and any other property belonging to the Government which may be in his or her possession. [33/2004] (2) Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both and in addition thereto shall be liable to pay the value of any article not delivered up, which value shall be summarily ascertained by the court and shall be recoverable as if it were a fine.


document_id: pa-1933
provision_ref: s64
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 64
title: Threatening, insulting or assaulting another prison officer
content:
64. —(1) Any prison officer who threatens or insults another prison officer of senior or equal rank — ( a ) when that other officer is on duty; or ( b ) when the threat or insult is related to or is consequent upon the discharge of duty by the officer so threatened or insulted, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. [33/2004] (2) Any prison officer who assaults another prison officer — ( a ) when that other officer is on duty; or ( b ) when the assault is related to or is consequent upon the discharge of duty by the officer so assaulted, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years. [33/2004] (3) Any person convicted under this section may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited.


document_id: pa-1933
provision_ref: s65
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 65
title: Wearing and possession of uniforms, etc., by others
content:
65. —(1) A person who, when the person is not a prison officer — ( a ) wears or possesses any prison officer uniform, or uses any prison officer insignia — (i) for the purpose of personating or representing himself or herself as a prison officer; or (ii) knowing that it is likely to cause any member of the public to believe that the person is a prison officer; ( b ) uses the designation of a prison officer or a rank of the Singapore Prison Service, in connection with any business, occupation or employment — (i) for the purpose of personating or representing himself or herself as a prison officer; or (ii) knowing that it is likely to cause any member of the public to believe that the person is a prison officer; ( c ) represents himself or herself, by word or conduct, to be a prison officer for the purpose of personating or representing himself or herself as a prison officer; or ( d ) wears or possesses any prison officer uniform, or uses any prison officer insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying — (i) 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 Singapore Prison Service; (ii) that the Singapore Prison Service 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 Singapore Prison Service; or (iii) that the person has the sponsorship or approval of the Singapore Prison Service 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. [53/2018] (2) A prison officer who wears any prison officer uniform or uses any prison officer insignia otherwise than — ( a ) in the course of, and for the purpose of, exercising the functions of a prison 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 any 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 prison officer uniform or use the prison officer insignia, as the case may be; or ( b ) the accused wore or possessed the prison officer uniform or used the prison officer insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958. [53/2018] (4) A person (whether or not a prison officer) who — ( a ) manufactures any prison officer uniform or prison officer insignia otherwise than under an agreement with the Government; ( b ) sells any prison officer uniform or prison officer insignia to a person who is neither a prison officer nor otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia; or ( c ) gives or provides, whether or not for a consideration, any prison officer uniform or prison officer insignia to a person who is neither a prison officer nor otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer 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. [53/2018] (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 prison officer uniform or prison officer insignia was sold, given or provided was — (i) a prison officer; or (ii) a person otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia; or ( b ) the accused had received from the person to whom the prison officer uniform or prison officer insignia was sold, given or provided, evidence purporting to show that — (i) that person was a prison officer or was otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia; and (ii) it was reasonable to and the accused did accept that evidence as correct. [53/2018] (6) An offence under subsection (1), (2) or (4) is an arrestable offence. [53/2018] (7) In this section — “prison officer insignia” means — ( a ) any item (being any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing) that is generally recognised as being used by a prison officer; ( b ) any part of any such item; ( c ) any reasonable imitation of any such item, or part of such item; or ( d ) any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing prescribed as being within this definition; “prison officer uniform” means the uniform of a prison officer, and includes — ( a ) any part of such a uniform or any accoutrement of a prison officer that is generally recognised as a part of the uniform or accoutrement of a prison officer; or ( b ) any reasonable imitation of such a uniform or accoutrement, or part of a uniform or accoutrement; “sell” includes — ( a ) exchange or let on hire; ( b ) offer, expose, possess, send, forward or deliver for sale, exchange or hire; or ( c ) cause, suffer or allow any sale, exchange or hire; “use”, in relation to prison officer insignia, includes — ( a ) driving on a public road a vehicle that has on it any prison officer insignia; and ( b ) using a reproduction or representation of prison officer insignia, but does not include wearing a prison officer uniform. [53/2018]


document_id: pa-1933
provision_ref: s66
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 66
title: Unauthorised articles, communications and recordings
content:
66. —(1) Any person who, without the authority of this Act, the regulations made under this Act or the express permission of the Commissioner — ( a ) conveys, supplies or causes to be supplied or conveyed to any prisoner, or hides or places for his or her use any unauthorised article; ( b ) brings or attempts by any means to introduce into any prison, or places or attempts to place where prisoners labour, any unauthorised article; ( c ) brings or attempts to bring out of any prison, or conveys from any prisoner, any unauthorised article; ( d ) makes any audio or visual recording in a prison; ( e ) communicates with a prisoner, in circumstances where the person knows or ought reasonably to know that the communication is likely to encourage, incite or agitate any prisoner to commit a prison offence, and thereby encourages, incites or agitates a prisoner to commit a prison offence; or ( f ) does any act, or omits to do any act which the person is required by law to do, which he or she knows or ought reasonably to know is likely to have any of the following effects, and does have that effect: (i) prejudicing the safe custody of prisoners, the safety of any person in a prison, or the security of a prison; or (ii) prejudicing the maintenance of good order and discipline in a prison, shall be guilty of an offence. [1/2014] (2) Any prison officer who, without the authority of this Act, the regulations made under this Act or the express permission of the Commissioner — ( a ) knowingly suffers any unauthorised article to be sold to or received or used by or on behalf of any prisoner; ( b ) lends or gives to any prisoner any unauthorised article; ( c ) knowingly suffers any unauthorised article to be brought out of any prison, or to be conveyed from any prisoner; ( d ) knowingly suffers the making of any audio or visual recording in a prison; or ( e ) knowingly suffers any act or omission which he or she knows or ought reasonably to know is likely to have any of the following effects, and does have such effect: (i) prejudicing the safe custody of prisoners, the safety of any person in a prison, or the security of a prison; or (ii) prejudicing the maintenance of good order and discipline in a prison, shall be guilty of an offence. [1/2014] (3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both and, if the person is a prison officer, he or she may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited. [1/2014] (4) In this section, “unauthorised article” means — ( a ) any letter or document; ( b ) any electronic storage device; ( c ) any intoxicating substance, controlled drug, psychoactive substance or stimulant; [Act 6 of 2022 wef 02/09/2022] [Act 12 of 2023 wef 01/06/2024] ( d ) any food or drink; ( e ) any item of clothing; ( f ) money; or ( g ) any article not specifically authorised by the Commissioner to be brought into or out of a prison. [1/2014]


document_id: pa-1933
provision_ref: s67
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 67
title: Prisoner may be allowed to work
content:
67. Whenever any person is sentenced to imprisonment, the person may be allowed to work at any labour prescribed under this Act, and for which he or she is certified as fit by the medical officer. [1/2014]


document_id: pa-1933
provision_ref: s68
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 68
title: Separation of prisoners
content:
68. —(1) Persons confined under civil process, and persons on remand charged with crimes or offences, or committed to take their trial, or confined for want of sureties, must not — ( a ) ordinarily be associated with convicted prisoners; or ( b ) be required to labour beyond the labour that is reasonably proper for keeping their persons and dress in a proper state, and keeping the places in which they are confined clean. (2) All juveniles must, so far as local conditions permit, be kept apart from adults under detention.


document_id: pa-1933
provision_ref: s69
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 69
title: Extramural custody of prisoners
content:
69. A prisoner, when being taken to or from any prison in which the prisoner may be lawfully confined, or whenever the prisoner is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison officer, is deemed to be in prison, and is subject to all the same incidents as if he or she were actually in prison.


document_id: pa-1933
provision_ref: s70
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 70
title: Punishment by Superintendent for minor prison offences
content:
70. —(1) The Superintendent may punish any prisoner found after due inquiry to be guilty of a minor prison offence as specified in section 72 with one or more of the following punishments: ( a ) confinement in a punishment cell for a term not exceeding 7 days; ( b ) forfeiture of remission not exceeding such amount as may be prescribed; ( c ) reduction in grade or postponement of promotion for such period as may be prescribed; ( d ) a written warning; ( e ) in the case of a prisoner subject to a home detention order under section 52, extension of the hours to which the prisoner is required to remain indoors under the conditions of the order. (2) The Superintendent must enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by the Superintendent upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of the prisoner’s offence and the extent of his or her punishment.


document_id: pa-1933
provision_ref: s71
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 71
title: Punishment by Superintendent for aggravated prison offences
content:
71. —(1) The Superintendent may punish any prisoner found after due inquiry to be guilty of an aggravated prison offence as specified in section 73 by ordering the prisoner to undergo one or more of the following punishments: ( a ) corporal punishment not exceeding 12 strokes with a rattan; ( b ) confinement in a punishment cell for a term not exceeding 7 days; ( c ) forfeiture of remission not exceeding such amount as may be prescribed; ( d ) reduction in grade or postponement of promotion for such period as may be prescribed. (2) Where the Superintendent has imposed any punishment upon any prisoner under subsection (1), the Superintendent must notify the Commissioner of the facts of the case and the punishment imposed on the prisoner not later than 7 days after imposition of the punishment. [1/2014] (3) The Commissioner may within 14 days, or such longer period as may be required in exceptional cases, of being notified by the Superintendent under subsection (2) — ( a ) confirm any punishment imposed by the Superintendent under subsection (1); or ( b ) vary any punishment imposed by a Superintendent under subsection (1), including enhancing, reducing or substituting the punishment imposed by the Superintendent or imposing any additional punishment that could have been awarded by the Superintendent under that subsection. [33/2004; 1/2014] (4) Where the Commissioner imposes forfeiture of remission under subsection (3)( b ), the forfeiture of remission must not exceed such amount as may be prescribed. [1/2014] (5) Any punishment imposed by a Superintendent under subsection (1) must not be carried out until confirmed, or varied, by the Commissioner under subsection (3). [1/2014] (6) The Superintendent must enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by the Superintendent and by the Commissioner under subsection (3) upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of his or her offence and the extent of his or her punishment. [1/2014]


document_id: pa-1933
provision_ref: s72
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 72
title: Minor prison offences
content:
72. —(1) The following are minor prison offences: Item Minor prison offence 1. Talking during working hours, or talking loudly, laughing or singing at any time after having been ordered by a prison officer to desist. 2. Quarrelling with any other prisoner. 3. Secreting or possessing any unauthorised article, or possessing a greater quantity of any article than the prisoner is authorised to possess. 4. Showing disrespect to any prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison. 5. Common assault or taking part in any attack on any other prisoner. 6. Providing information (whether or not in response to any question) to any prison officer, official visitor, or any person working, or providing rehabilitative and other related services, in the prison that the prisoner knows or ought reasonably to know to be — ( a ) false in a material particular; or ( b ) misleading by reason of the omission of a material particular. 7. Holding any communication (in writing, by word of mouth, or otherwise) with any person in disobedience of the regulations of the prison. 8. Abetting the commission of any minor prison offence. 9. Omitting to assist in the maintenance of discipline by reporting any prison offence, or to give assistance to a prison officer when called on to do so. 10. Doing any act or using any language calculated to offend or insult any other prisoner, prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison. 11. Doing any act calculated to create any unnecessary alarm in the minds of the prisoners, prison officers or any other persons working, or providing rehabilitative and other related services, in the prison. 12. Leaving the group to which the prisoner is attached, or the part of the prison in which the prisoner is confined, without the permission of a prison officer. 13. Leaving the ward, the yard, the place in file, the seat or berth assigned to the prisoner, without the permission of a prison officer. 14. Loitering about the yards or lingering in the wards when these are open. 15. Omitting or refusing to march in file when moving about the prison or proceeding to or returning from work. 16. Visiting the toilets without the permission of a prison officer or remaining there longer than is necessary. 17. Refusing to eat the meals provided. 18. Eating or appropriating any food not assigned to the prisoner or taking from or adding to the portions assigned to other prisoners. 19. Removing without the permission of a prison officer food or drink from any place in a prison where meals are cooked, distributed or served, or disobeying any order as to the issue and distribution of food and drink. 20. Wilfully destroying food or drink or throwing it away without orders. 21. Introducing into food or drink anything likely to render it unpalatable or unwholesome. 22. Omitting or refusing to wear the attire given to the prisoner, or exchanging any portion of it for the attire of other prisoners, or losing, discarding, damaging or altering any part of it. 23. Removing, defacing or altering any distinctive number, mark or badge attached to, or worn on, the attire or person. 24. Omitting or refusing to keep the person clean, or disobeying any order regulating the cutting of hair. 25. Omitting or refusing to keep clothing, blankets, bedding, fetters or utensils clean, or disobeying any order as to the arrangement or disposition of such articles. 26. Tampering in any way with prison locks, lamps or lights or other property without orders. 27. Stealing the prison attire or any part of the prison kit of any other prisoner. 28. Committing a nuisance in any part of the prison. 29. Spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison. 30. Wilfully soiling or befouling the toilets, washing or bathing places. 31. Damaging the trees within the enclosure of the prison. 32. Omitting or refusing to take due care of all prison property entrusted to the prisoner. 33. Omitting or refusing to take due care of, or damaging, or misappropriating, the materials and implements entrusted to the prisoner for work. 34. Omitting to report at once any loss, breakage or damage which the prisoner may have caused to prison property or implements. 35. Manufacturing any article without the knowledge or permission of a prison officer. 36. Performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of the prisoner’s own task. 37. Appropriating any portion of the task performed by another prisoner. 38. Mixing or adding any foreign substance to the materials issued for work. 39. Cursing or swearing, or using indecent, violent, threatening or insulting language. 40. Causing or omitting to assist in suppressing violence or insubordination of any kind. 41. Immoral, disorderly or indecent behaviour. 42. Omitting or refusing to help any prison officer in case of an attempted escape or of an attack upon such officer or upon any other person. 43. Disobeying any lawful order of a prison officer. 44. Defacing or damaging the walls, furniture or other property of the prison. 45. Malingering. 46. Any breach by a prisoner subject to a home detention order under section 52 of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73. 47. Any breach by a prisoner subject to an external placement order under section 59B of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73. 48. Any breach by a prisoner subject to an employment preparation order under section 59K of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73. 49. Any other act, conduct, disorder or neglect to the prejudice of good order or discipline in the prison. (2) The minor prison offences mentioned in subsection (1) (other than items 4, 6, 8, 10, 11, 43, 45, 46, 47 and 48 of the table) do not apply in relation to a prisoner who is serving his or her sentence of imprisonment in such place or places outside the limits of any prison. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s73
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 73
title: Aggravated prison offences
content:
73. —(1) The following are aggravated prison offences: Item Aggravated prison offence 1. Mutiny. 2. Escape or attempt to escape. 3. Taking part in any assault or attack on any prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison. 4. Aggravated or repeated assault on any other prisoner. 5. Wilful destruction of prison property. 6. Wilfully causing to himself or herself any illness, injury or disability. 7. Wilfully making a false or groundless accusation or complaint against any prisoner, prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison. 8. Any act constituting a minor prison offence under section 72, committed by one or more members or associates of a secret society in connection with the activities of the secret society, whether or not all the other members of the secret society are present. 9. Repetition of any minor prison offence after having been twice punished for the same minor offence. 10. Where a prisoner subject to a home detention order under section 52, an external placement order under section 59B or an employment preparation order under section 59K (called in this subsection the relevant order) is required under the conditions of the relevant order to allow the Superintendent or any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place or places designated under the relevant order, the refusal by the prisoner to allow the entry, or obstructing or hindering the entry, of such person. 11. Any other act of gross misconduct or insubordination. 12. Abetting the commission of any aggravated prison offence. (2) The aggravated prison offences mentioned in items 1, 4, 5 and 6 of the table in subsection (1) do not apply in relation to a prisoner who is serving his or her sentence of imprisonment in such place or places outside the limits of any prison. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s74
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 74
title: Punishment by Visiting Justices
content:
74. —(1) Where a prisoner is accused of any aggravated prison offence and the Superintendent is of the opinion that, in the circumstances of the case, the power of punishment which the Superintendent possesses is inadequate, the Superintendent must forthwith report the matter in writing to the Visiting Justice or Justices. (2) The Visiting Justice or Justices are to, upon receipt of such report, attend at the prison without undue delay and investigate the charge, and may punish any prisoner whom after due inquiry upon oath the Visiting Justice or Justices may find guilty of such offence with one or more of the following punishments: ( a ) confinement in a punishment cell for a term not exceeding 30 days on such prescribed diet as the Visiting Justice or Justices may think fit; ( b ) corporal punishment not exceeding 24 strokes with a rattan; ( c ) forfeiture of remission not exceeding the amount that may be prescribed.


document_id: pa-1933
provision_ref: s75
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 75
title: Prisoner may make defence
content:
75. A prisoner must not be punished until the prisoner has had an opportunity of hearing the charge and evidence against him or her, and making his or her defence.


document_id: pa-1933
provision_ref: s76
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 76
title: Detention after date of discharge
content:
76. —(1) Any punishment lawfully imposed on a prisoner under this Act or any regulations made under this Act may be carried into effect despite the fact that the carrying into effect of the punishment may necessitate the detention of the prisoner beyond the date at which he or she would otherwise be entitled to be discharged from prison. (2) The period of detention under subsection (1) must not exceed 48 hours, the period to be calculated from the last hour of the day upon which the prisoner would otherwise be entitled to be discharged.


document_id: pa-1933
provision_ref: s77
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 77
title: Corporal punishment
content:
77. —(1) When any sentence of corporal punishment is passed under this Act upon any prisoner, he shall not be liable to more than one such sentence in respect of the act or acts, or omission or omissions, for which he has been sentenced. (2) No sentence of corporal punishment shall be passed upon — ( a ) a woman; ( b ) a man sentenced by a court to death; or ( c ) a man whom a medical officer considers to be more than 50 years of age. [33/2004] (3) In no case shall a sentence of corporal punishment in excess of 10 strokes with a light rattan be passed upon a juvenile. (4) No sentence of corporal punishment shall be inflicted unless a medical officer is present and certifies that the prisoner is in a fit state of health to undergo the punishment. [33/2004] (5) If, during the execution of the sentence of corporal punishment, a medical officer certifies that the prisoner is not in a fit state of health to undergo the remainder of the sentence, the corporal punishment shall be finally stopped. [33/2004]


document_id: pa-1933
provision_ref: s77A
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 77A
title: Superintendent may restore remission
content:
77A. The Superintendent may, in the Superintendent’s discretion, restore to any prisoner a period of remission or any portion of the period which had previously been forfeited by the prisoner. [1/2014]


document_id: pa-1933
provision_ref: s78
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 78
title: Prosecution for offences
content:
78. Nothing in this Act is to be construed to exempt any prisoner from being proceeded against for any offence by the ordinary course of law, but no prisoner may be punished twice for the same offence.


document_id: pa-1933
provision_ref: s79
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 79
title: Appointment of Visiting Justices
content:
79. —(1) The Minister must appoint a Board of Justices of the Peace, to be called the Board of Visiting Justices, of which all Magistrates are ex‑officio members. (2) Each member of the Board of Visiting Justices — ( a ) holds office for a period not exceeding 2 years or for any other period that the Minister may determine; ( b ) may from time to time be re-appointed or at any time be removed from office by the Minister; and ( c ) may at any time resign from the member’s office by giving written notice to the Minister. (3) A Visiting Justice — ( a ) may at any time visit any prison or reformative training centre and may inspect the several wards, cells, yards, solitary or punishment cells and other apartments or divisions of the prison, inspect and test the quality and quantity of the prisoners’ food, hear the complaints (if any) of the prisoners, and question any prisoner or prison officer; ( b ) must ascertain, so far as possible, whether the prison regulations are adhered to, and must call the attention of the Superintendent to any irregularity that may be observed in the working of the prison or reformative training centre or in the treatment of any prisoner confined therein; and ( c ) is to exercise and perform any other powers and duties that may be prescribed. (4) The Board is to appoint one or more of its members to be, on rotation, a Visiting Justice or Justices of the prisons for each month of the year, and the Visiting Justice or Justices are to hear, try and dispose of any prison offences for which a report under section 74(1) has been made. (5) Every Visiting Justice, for the purposes of this Act, has power to summon witnesses and to administer oaths. (6) The Board must in relation to persons detained in reformative training centres exercise such functions as may be required of it by any written law.


document_id: pa-1933
provision_ref: s80
chapter: PART 7 - DISCIPLINE AND PRISON OFFENCES
section: 80
title: Visits by Judges, Magistrates, etc.
content:
80. Every Judge, Magistrate or Justice of the Peace having jurisdiction in the place where any prison is situated may — ( a ) whenever he or she thinks fit, enter into and examine the condition of the prison and of the prisoners therein; ( b ) question any prisoner or officer; and ( c ) enter any observation he or she thinks fit to make in reference to the condition of the prison in a Visitors’ Book to be kept for that purpose by the Superintendent, which book must be duly produced to the Visiting Justices at their next ensuing visit.


document_id: pa-1933
provision_ref: s81
chapter: PART 8 - GENERAL
section: 81
title: Protection from personal liability
content:
81. No liability shall lie personally against a prison officer or an auxiliary police officer who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s81A
chapter: PART 8 - GENERAL
section: 81A
title: Power to obtain information
content:
81A. —(1) A prison officer of or above the rank of sergeant may, for the purpose of assisting the Commissioner or Superintendent in making any inquiry under section 50X, 56, 57, 59E, 59F, 59O, 59P, 70 or 71 (as the case may be), by written notice require any person to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which — ( a ) relate to any matter specified by the prison officer; and ( b ) are — (i) within the knowledge of that person; or (ii) in the custody or under the control of that person. (2) The power to require a person to provide any document or information under subsection (1) includes the power — ( a ) to require that person to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person to state, to the best of the knowledge and belief of that person, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be authenticated and made available to the prison officer concerned in legible form. (3) The prison officer is entitled without payment to keep for the purposes of the inquiry mentioned in subsection (1) any document or information, or any copy or extract thereof, provided to him or her under that subsection. (4) A person who, without reasonable excuse, fails to do anything required of the person by a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500. (5) To avoid doubt, for the purposes of subsection (4), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person. (6) In this section, “document” means anything in which information of any description is recorded. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s81B
chapter: PART 8 - GENERAL
section: 81B
title: Power to arrest persons unlawfully at large
content:
81B. —(1) Any prison officer may, without warrant, arrest any person who is unlawfully at large under — ( a ) this Act or any regulations made thereunder; ( b ) any regulations made under section 428 of the Criminal Procedure Code 2010 (as in force before the date of commencement of section 44 of the Criminal Procedure (Miscellaneous Amendments) Act 2024) in relation to the treatment, training and detention of persons sentenced to reformative training, corrective training or preventive detention; or ( c ) any regulations made under section 58 of the Misuse of Drugs Act 1973 in relation to the granting of leave to an inmate for the purpose of his or her employment outside an approved institution or a community rehabilitation centre and to return to his or her residence or any other designated place. (2) If a person mentioned in subsection (1) forcibly resists or tries to evade arrest — ( a ) the prison officer may use all reasonable means necessary to make the arrest; but ( b ) the person arrested must not be restrained more than is necessary to prevent his or her escape. [Act 5 of 2024 wef 01/08/2024]


document_id: pa-1933
provision_ref: s82
chapter: PART 8 - GENERAL
section: 82
title: Minister may amend Schedules
content:
82. —(1) The Minister may, by order in the Gazette , amend the First or Second Schedule. [1/2014] (2) An order made under this section may contain any saving and transitional provisions that are necessary or expedient for the purposes of the order. [1/2014] (3) All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [1/2014]


document_id: pa-1933
provision_ref: s83
chapter: PART 8 - GENERAL
section: 83
title: Trial of offences
content:
83. —(1) Except where by this Act it is otherwise expressly provided, all offences under this Act are triable by a District Court or a Magistrate’s Court. (2) Subject to subsection (3), any District Court or Magistrate’s Court has, despite any provision to the contrary in the Criminal Procedure Code 2010, the jurisdiction to try any offence under this Act and to impose the full punishment in respect of the offence. [1/2014] (3) Any District Court or Magistrate’s Court has, if it has jurisdiction under the Criminal Procedure Code 2010 to try an offence alleged to have been committed in breach of the basic condition of a remission order specified under section 50S, the power to impose the full enhanced sentence under section 50T for that offence, despite any provision to the contrary in the Criminal Procedure Code 2010. [1/2014]


document_id: pa-1933
provision_ref: s84
chapter: PART 8 - GENERAL
section: 84
title: Regulations
content:
84. —(1) The Minister may make all regulations that are necessary for the good management and government of prisons and reformative training centres or for carrying out the objects of this Act. (2) In particular and without limiting subsection (1), the regulations may prescribe for all or any of the following purposes or matters: ( a ) the conditions of service and the powers, conduct and duties of the officers of prisons; ( b ) the medical examination, measuring, photographing and taking of fingerprint impressions or other records of persons confined in any prison or otherwise detained in custody, including detailed personal statistics and histories, and for requiring full and truthful answers to all questions put to such persons with the object of obtaining such statistics and histories; ( c ) the persons (if any) to whom such measurements, photographs, fingerprint impressions or other records are to be sent or supplied; ( d ) the employment, diets, classification, safe custody, separation, treatment and discipline of prisoners; ( e ) the kind of labour to be exacted at the different stages of their imprisonment with the manner and place of exacting the same; ( f ) the granting, despite anything to the contrary in any law, of remission in respect of sentences of imprisonment and imprisonment in default of payment of fine to prisoners who duly comply with the regulations that apply to them and with the conditions on which such remissions are to be made; ( g ) the disposal of the products of the labour of prisoners; ( h ) the establishment of prisoners aid associations and societies and for the subsidising of their work and the utilising of their services in connection with prisoners discharged on probation and convicted prisoners whose sentences have expired; ( i ) the supply of money, food, clothing or means of travelling to prisoners on their discharge; ( j ) the early discharge of prisoners who become entitled to release on a date which falls on a Sunday or public holiday; ( k ) the release of prisoners on remission orders or on external placement orders and the due administration of such orders; ( l ) the classification of breaches of the mandatory aftercare conditions of remission orders to be serious breaches and minor breaches; ( la ) without affecting paragraph ( ka ), the establishment of an advisory committee for the purpose of advising the Commissioner on the suitability of a prisoner to be released for employment preparation under Part 6B and its constitution, functions and procedures; [Act 6 of 2022 wef 02/09/2022] ( lb ) the release of prisoners on employment preparation orders and the due administration of such orders, including the requirement for such prisoners to retain a proportion of the wages earned by the prisoners as compulsory savings; [Act 6 of 2022 wef 02/09/2022] ( lc ) in relation to the release of prisoners on external placement orders, home detention orders and employment preparation orders, the requirement for such prisoners to bear the costs of any prescribed expenses incurred by them when released on such orders; [Act 6 of 2022 wef 02/09/2022] ( m ) the proceedings and visits of the Visiting Justices; ( n ) the establishment of committees, however named, of an advisory nature, for the purposes of this Act; ( o ) without limiting paragraph ( n ), the establishment of an advisory committee for the purpose of advising the Commissioner on the suitability of a prisoner to be released for home detention under Part 6 and its constitution, functions and procedures; ( p ) any other matter which under this Act is required or permitted to be prescribed. [9/2003; 33/2004; 30/2008; 1/2014] (3) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette . (4) Where any regulations are presented to Parliament under subsection (3), if — ( a ) notice of a motion is given for a sitting day of Parliament before the first available sitting day after 3 months from the date when the regulations are so presented; and ( b ) a resolution is passed pursuant to the motion to annul the regulations or any part of the regulations from a specified date, the regulations or such part of the regulations (as the case may be) become void from that date, but without affecting the validity of anything previously done thereunder, or the making of new regulations.


document_id: pa-1938
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act and in any rules made thereunder unless there is something repugnant in the subject or context — “Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001; “Chief Executive of the Authority” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority; “licensed pharmacist” means a pharmacist licensed under this Act; “licensing officer” means a person empowered by section 4 to issue licences for the purposes of this Act; “medical practitioner” means a medical practitioner registered under any written law for the time being in force relating to the registration of medical practitioners and includes a medical officer exempted by that written law from registration thereunder; “pharmacist” means a person who is registered as a pharmacist under the Pharmacists Registration Act 2007 and has in force a valid practising certificate issued under that Act; “poison” means any substance deemed to be a poison within the meaning of this Act; “Poisons List” means the Poisons List in the Schedule; “registered dentist” has the same meaning as in the Dental Registration Act 1999; “sale by way of wholesale dealing” means sale to a person who buys for the purpose of selling again; “veterinary surgeon” means a person who holds the diploma of membership of the Royal College of Veterinary Surgeons of England, or the diploma of a British or foreign veterinary institution or examining body approved by the Minister. [4/2001; 22/2007; 48/2007]


document_id: pa-1938
provision_ref: s3
section: 3
title: Description of poisons
content:
3. —(1) The substances specified in the Poisons List shall be deemed to be poisons within the meaning of this Act. (2) The Minister may, by notification in the Gazette , add to, remove from or reinstate in the Poisons List any substance which he may consider fit and proper.


document_id: pa-1938
provision_ref: s4
section: 4
title: Licensing officers
content:
4. The Chief Executive of the Authority or any officer of the Authority authorised by him in writing may issue licences for the purposes of this Act. [4/2001]


document_id: pa-1938
provision_ref: s5
section: 5
title: General prohibition with respect to importation and sale of poisons
content:
5. No person shall without a licence from a licensing officer import, possess for sale, sell or offer for sale any poison.


document_id: pa-1938
provision_ref: s6
section: 6
title: Prohibitions and regulations with respect to sale of poisons
content:
6. —(1) It shall not be lawful — ( a ) for any person to sell any poison unless — (i) he is licensed under this Act to sell poisons; (ii) the sale is effected in accordance with the provisions of the licence and with any conditions specified therein; (iii) the sale is effected on the premises specified in the licence; (iv) the sale is effected by or under the personal supervision of the person named in the licence; and (v) the sale is effected by or under the personal supervision of a pharmacist; or ( b ) for any person to sell any poison by way of wholesale dealing except to a person licensed under this Act to sell that poison. (2) It shall not be lawful for a person to sell any poison unless the container of the poison is labelled — ( a ) with the name of the poison; ( b ) in the case of a preparation which contains a poison as one of the ingredients thereof, with particulars as to the proportion which the poison contained in the preparation bears to the total ingredients; ( c ) with the word “Poison” or other prescribed indication of the character of the substance; and ( d ) with the name of the seller of the poison and the address of the premises on which it was sold. (3) Subject to any rules made under this Act dispensing with or relaxing any of the requirements of this subsection — ( a ) it shall not be lawful to sell any poison to any person unless that person is known to the seller or to some pharmacist in the employment of the seller at the premises where the sale is effected, or is introduced by some person known to the seller as a person to whom the poison may properly be sold; and ( b ) the seller of any poison shall not deliver it until — (i) he has made or caused to be made an entry in a book to be kept for that purpose stating the date of the sale, the name and address of the purchaser and of the person, if any, introducing him, the name and quantity of the substance sold and the purpose for which it is stated by the purchaser to be required; and (ii) the purchaser and the person introducing him, if any, have affixed their signatures to that entry.


document_id: pa-1938
provision_ref: s7
section: 7
title: Exemptions in respect of medicines supplied by medical practitioners, etc.
content:
7. —(1) Except as provided in any rules made under this Act, nothing in section 6 shall apply — ( a ) to a medicine which is supplied by a medical practitioner for the purposes of medical treatment of his own patients; ( b ) to a medicine which is supplied by a registered dentist for the purposes of dental treatment of his own patients; ( c ) to a medicine which is supplied by a veterinary surgeon for the purposes of animal treatment; ( d ) to a medicine which is dispensed by a licensed pharmacist on the premises specified in his licence; or ( e ) to a poison forming part of the ingredients of a medicine, except a patent or proprietary medicine, which is supplied by a licensed pharmacist on the premises specified in his licence, if the requirements contained in subsections (2), (3) and (4) are satisfied in relation thereto. (2) The medicine shall be distinctly labelled with the name and address of the firm or person by whom it is supplied or dispensed and with a serial or other identification number or mark. (3) On the day on which the medicine is supplied or dispensed or, if that is not reasonably practicable, on the day next following that day, there shall be entered in a book which is kept and used regularly for the purpose of this provision but which need not be used exclusively for that purpose the following particulars: ( a ) the date on which the medicine was supplied or dispensed and the serial or other identification number or mark relating to the medicine; ( b ) the ingredients of the medicine or if the medicine is a proprietary medicine, the name of the medicine, and the quantity thereof supplied; ( c ) if the medicine was dispensed by a licensed pharmacist, the name or initials and, if it is known, the address of the person by whom the prescription was signed, and the name and address of the person to whom, and the date on which, the prescription was given; ( d ) if the medicine was not so dispensed, the name and address of the person to whom it was supplied. (4) Subsection (3) shall, in the case of a medicine supplied on a prescription on which such medicine had been supplied by the seller on a previous occasion, be deemed to be complied with if the date on which the medicine is supplied and the quantity thereof supplied are entered in the book or in a book kept for the purpose of this subsection on that day or, if that is not reasonably practicable, on the day next following that day, together with a sufficient reference to any entry in the book duly recording the dispensing of the medicine by the seller on the first occasion. (5) In the case of a medicine which is supplied or dispensed by a pharmacist or medical practitioner the medicine must have been compounded by or under the direct and personal supervision of the pharmacist or medical practitioner.


document_id: pa-1938
provision_ref: s8
section: 8
title: Exemptions in respect of poisons sold or exported
content:
8. Except as provided in any rules made under this Act, nothing in section 6(1)( a )(v), (2) and (3) shall extend to or affect — ( a ) the sale of poisons by way of wholesale dealing; ( b ) the sale of poisons to be exported from Singapore to a place other than Malaysia; ( c ) the sale of poisons to a medical practitioner, registered dentist or veterinary surgeon for the purposes of his profession; ( d ) the sale of poisons for use in or in connection with any hospital, dispensary or similar institution approved by an order, whether general or special, of the Chief Executive of the Authority; ( e ) the sale of poisons for use by a Government department requiring the poison for the purposes of the public service or by any local authority requiring the poison in connection with the exercise by the authority of any statutory powers; ( f ) the sale of poisons to a person or institution concerned with scientific education or research, if the poison is required for the purpose of education or research; or ( g ) the sale of poisons by persons licensed under this Act, either by way of wholesale dealing or for use by the purchasers thereof in their trade or business, to a person who requires the poison — (i) for the purpose of his trade or business; or (ii) for the purpose of enabling him to comply with any requirements made by or in pursuance of any written law with respect to the medical treatment of persons employed by that person in any trade or business carried on by him. [4/2001]


document_id: pa-1938
provision_ref: s9
section: 9
title: Possession of poisons
content:
9. —(1) No person whether licensed under this Act or not shall knowingly keep or have in his possession or under his control any poison otherwise than — ( a ) in an unbroken case or package as received from the manufacturer; or ( b ) in a bottle, vessel, box, package or other receptacle distinctly labelled with the name of the substance contained therein and bearing some distinction or mark indicating that it contains poison. (2) In any proceedings under this section if any person is proved to have kept or had in his possession or under his control any poison he shall be deemed to have done so knowingly unless the contrary is proved by him. (3) No person shall keep any poison for sale or for dispensing purposes except — ( a ) as provided in subsection (1)( a ); ( b ) in a bottle or other vessel tied over, capped, locked or otherwise safely secured in a manner different from that in which bottles or vessels containing non-poisonous substances are secured in the same warehouse, shop or dispensary; ( c ) in a bottle or other vessel readily distinguishable by touch from the bottles or vessels in which non-poisonous substances are kept in the same warehouse, shop or dispensary; or ( d ) in a bottle, vessel, box or package kept in a room or cupboard under lock and key set apart for the keeping or storage of dangerous substances.


document_id: pa-1938
provision_ref: s10
section: 10
title: Issue of licences
content:
10. —(1) A licensing officer may issue to any person, subject to such terms and conditions as the licensing officer may think fit, any licence authorising the person to import, possess for sale, sell or offer for sale any poison or for any purpose for which a licence may be prescribed. (2) No licence shall be issued to a medical practitioner other than a licence authorising him to import, possess and sell poisons by retail in connection with his own practice or with a practice or partnership in which every member is a medical practitioner. (3) A licensing officer, if it appears expedient to him to do so, may cancel any licence issued under subsection (1). (4) Every licence shall, unless previously cancelled, remain in force for such period as may be prescribed. (5) Such fees as may be prescribed shall be charged on the issue of each licence. (6) Any person to whom a licensing officer refuses to issue a licence or whose licence is cancelled under subsection (3) may appeal to the Minister whose decision shall be final and conclusive.


document_id: pa-1938
provision_ref: s11
section: 11
title: Terms of licences
content:
11. —(1) There shall be implied in every licence issued under this Act the condition that the licensee is bound to comply with all the provisions of this Act and any rules made thereunder. (2) Every licence issued under this Act shall be personal to the licensee named therein and shall not in any case be transferable to another person and no licence shall authorise the sale of any poison by any person other than the person named therein. (3) A licensing officer may, if he sees fit, amend the description in a licence of the premises at which the person licensed carries on the business or profession in connection with which he is licensed.


document_id: pa-1938
provision_ref: s12
section: 12
title: Licences to be numbered and registered
content:
12. —(1) All licences issued shall be numbered consecutively in the year in respect of which they are issued, commencing each year with the number one. (2) The Chief Executive of the Authority shall keep a register of licences showing all the particulars of each licence issued under this Act. [4/2001] (3) The entries in the register shall be numbered to correspond with the serial numbers of the licences and there shall be noted in the register in the event of cancellation of any licence the date of such cancellation. (4) Any extract from or copy of an entry in a register kept under this section shall be prima facie evidence of the facts stated therein if the extract or copy is certified under the hand of a licensing officer to be a true extract or copy. (5) The register of licences kept under this section shall be kept at such office as may be designated by the Chief Executive of the Authority and shall be available for inspection by any person without charge at all reasonable hours. [4/2001]


document_id: pa-1938
provision_ref: s13
section: 13
title: Forms of licences
content:
13. Licences issued under this Act shall be substantially in the forms prescribed with such variations as circumstances may require.


document_id: pa-1938
provision_ref: s14
section: 14
title: Search and search warrants
content:
14. —(1) A licensing officer or any public officer authorised in writing by a licensing officer or any police officer not below the rank of sergeant may enter at all reasonable times upon any premises in which poisons are reasonably believed by that officer to be kept or stored and by himself or by some other person accompanying him and acting under his instructions and in his presence may search the premises and take possession of any substances found therein and reasonably believed to be or to contain a poison. (2) Any officer referred to in subsection (1) may in like manner inspect and take extracts from any book or record relating or reasonably believed to relate to any dealing in or with poisons wherever and by whomsoever kept and whether kept under the provisions of this Act or of any rules made thereunder or otherwise and for the purpose of such inspections or taking of extracts may enter at all reasonable times upon any place whatsoever. (3) In any case in which it appears to any magistrate upon the oath of any person that there is reasonable cause to believe that in any premises there is concealed or deposited any substance in respect of which an offence has been committed under this Act, the magistrate may, by warrant addressed to any police officer not below the rank of sergeant or to any senior officer of customs within the meaning of the Customs Act 1960, empower the officer to enter upon and search by day or night any premises and to take possession of any substance and to arrest any person being in the premises in whose possession the substance may be found or who is reasonably suspected by the officer to have concealed or deposited the substance therein. (4) Any officer to whom the warrant may be directed may in case of obstruction or resistance break open any outer or inner door of the premises and any cupboard, chest, trunk or package or other receptacle and by force, if necessary, enter upon any part of the premises and remove any obstruction to such entry, search or seizure and detain any person found in the premises until the search has been completed.


document_id: pa-1938
provision_ref: s15
section: 15
title: Powers of exemption
content:
15. —(1) The Minister may by order published in the Gazette exempt from the operation of this Act or of any specific provision thereof — ( a ) any specified person or class of persons; or ( b ) any chemical commonly used for any process in connection with a trade, manufacture or industry. (2) Every such exemption shall be subject to such instructions and conditions as the Minister may think fit to impose either generally or in any particular case.


document_id: pa-1938
provision_ref: s16
section: 16
title: Penalties
content:
16. —(1) Any person who acts in contravention of any of the provisions of this Act shall, except insofar as his act comes within one of the exemptions made by sections 7 and 8, 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 2 years or to both. (2) Any poison in respect of which an offence has been committed in contravention of any provision of this Act or of any rules made thereunder by any unlicensed person shall, upon that person being convicted of that offence, be forfeited and shall be handed over to the Chief Executive of the Authority for disposal. [4/2001] (3) Every penalty or forfeiture imposed under this Act shall be in addition to and not in substitution for any other penalty to which the accused may be liable under any other written law and no conviction under this Act shall be pleaded in any civil proceedings in mitigation of damages claimed against the person convicted. (4) Where an agent or employee, in the course of his employment, does, or omits to do, an act the doing of which or omission to do which by his principal or employer would be an offence under this Act or any rules made thereunder he shall be guilty of that offence, and, where it is proved that the act or omission was committed with the consent or connivance of, or is attributable to any neglect on the part of, his principal or employer, the principal or employer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) Where an offence committed by a body corporate under this Act or any rules made thereunder is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


document_id: pa-1938
provision_ref: s17
section: 17
title: Jurisdiction
content:
17. A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all prosecutions under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code 2010, a District Court shall have power to impose the full penalty or punishment provided by this Act.


document_id: pa-1938
provision_ref: s18
section: 18
title: Consent to prosecute
content:
18. —(1) No prosecution shall be instituted under this Act without the consent of the Public Prosecutor or any person authorised thereto by him in writing to grant such consents. [15/2010] (2) In any prosecution under this Act the burden of proving that any poison found in the possession of the accused was not kept for sale shall be upon the accused.


document_id: pa-1938
provision_ref: s19
section: 19
title: Prohibition of sale to persons below 18 years
content:
19. —(1) No poison shall be sold to any person below 18 years of age. (2) Any person contravening this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (3) It shall be a sufficient defence to any charge under subsection (2) that the person charged had reasonable cause to believe that the person to whom the sale was made was above the age of 18 years.


document_id: pa-1938
provision_ref: s19A
section: 19A
title: Composition of offences
content:
19A. —(1) The Chief Executive of the Authority or any employee of the Authority authorised by him in writing may, in his discretion, compound any offence under this Act or any rules made thereunder which is prescribed as a compoundable offence by collecting from the person reasonably suspected of committing an offence a sum not exceeding $2,000. [4/2001] (2) The Minister may make rules prescribing the offences which may be compounded under this section. [4/2001]


document_id: pa-1938
provision_ref: s19B
section: 19B
title: Fees, charges, etc., collected by licensing officer to be paid to Authority
content:
19B. All fees, charges and other moneys recovered or collected by a licensing officer under this Act or any rules made thereunder shall be paid to the Authority. [4/2001]


document_id: pa-1938
provision_ref: s20
section: 20
title: Rules
content:
20. —(1) The Minister may make rules to carry out the purposes of this Act and, in particular but without prejudice to the generality of the foregoing powers, may make rules with respect to any of the following matters or for any of the following purposes: ( a ) the importation, use and control of poisons, and any precautionary measures relating thereto; ( b ) the manufacture of preparations containing poisons; ( c ) the sale, whether by wholesale or retail, or the supply of poisons, by or to any person or class of persons including — (i) regulating or restricting the sale or supply of poisons by persons licensed under this Act and prohibiting the sale of any specified poison or class of poisons by any class of such persons; (ii) prohibiting the sale by retail of poisons included in the Poisons List except on a prescription duly signed by a medical practitioner, registered dentist or registered veterinary surgeon, and prescribing the form and regulating the use of prescriptions given for the purpose of rules made under this paragraph; and (iii) dispensing with or relaxing with respect to any specified poison any of the provisions contained in this Act or in any rules made thereunder relating to the sale of poisons; ( d ) the storage, transport and labelling of poisons; ( e ) the containers in which poisons may be sold or supplied; ( f ) the addition to poisons of specified ingredients for the purpose of rendering them readily distinguishable as poisons; ( g ) the compounding and dispensing of poisons; ( h ) the period for which any books required to be kept for the purposes of this Act are to be preserved; ( i ) requiring persons in control of the manufacture of pharmaceutical preparations containing poisons to be pharmacists or persons possessing the prescribed qualification in chemistry; ( j ) prescribing the coverings, stoppers and fastenings of and the marks to be placed or made on, or on the coverings of, or on the labels affixed to, any vessel, bottle, case, package, box or other receptacle or container whatsoever in which any poison is kept, stored, sold or in any way dealt with; ( k ) providing exemption from the operation of this Act or of any rules made thereunder of such persons or classes of persons as may seem expedient; ( l ) prescribing the form of licences, registers and returns; ( m ) fixing fees and exempting any person or body of persons from the payment of such fees; ( n ) prescribing that any act or omission in contravention of any rule shall be an offence punishable by a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years or both. [48/2007] (2) All rules made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication. (3) 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 3 months 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 the date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.


document_id: pa-1956
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “officer” includes a judge and a police officer of any rank; “officer on the pensionable establishment” means an officer who has been confirmed in his or her appointment as the holder of a pensionable office; “other public service” means public service not under the Government of Singapore; “Pension Authority”, in relation to any officer or retired officer, means a Pension Authority appointed under section 4 for that officer or the class to which that officer belongs; “Pension Fund” means the Pension Fund established by the Pension Fund Act 1995; “pensionable emoluments” means — ( a ) in respect of public service in Singapore — (i) the basic salary attached to a pensionable office or, in the case of an officer serving in a pensionable class, the basic salary payable to that officer as an officer of that class; (ii) any personal pensionable allowance; and (iii) such other allowances as may be prescribed by regulations to be pensionable allowances; and ( b ) in respect of other public service, emoluments which count for pension under any law or regulation in force relating to such service; “pensionable office” means — ( a ) in respect of public service in Singapore, an office or class of office declared by the President, by notification in the Gazette , to be pensionable and not likewise declared, by subsequent notification in the Gazette , to be non‑pensionable; but where by virtue of any such declaration any office ceases to be a pensionable office, then so long as any person holding that office at the time of the declaration continues therein, the office, as respects that person, continues to be a pensionable office; and ( b ) in respect of other public service, an office which is a pensionable office under any law or regulation in force relating to such service; “public service” means service in a civil capacity under the Government of Singapore or in such other service as the President may determine to be public service for the purpose of any provision of this Act; “repealed Ordinance” means any Ordinance repealed by section 21; “Singapore” means — ( a ) in relation to any period ending before 3 June 1959 — the Colony of Singapore; and ( b ) in relation to any period beginning on or after 3 June 1959 and ending before 9 August 1965 — the State of Singapore.


document_id: pa-1956
provision_ref: s3
section: 3
title: Application of this Act
content:
3. —(1) Subject to subsections (2) and (4), the provisions of this Act shall apply — ( a ) to all officers appointed to the public service in Singapore; and ( b ) to all officers who have been transferred from Singapore to any other public service before 1 July 1956. (2) Nothing in this Act diminishes the amount of pension, gratuity (other than a gratuity under section 20) or other allowance for which an officer in the public service in Singapore on 1 July 1956 would have been eligible had this Act not been enacted or adversely affect the conditions which would have been applicable to such pension, gratuity or other allowance. (3) In the application of this Act to officers who were officers on the Malayan Establishment within the meaning of section 2 of the Malayan Establishment Pensions Ordinance 1948 (M 12/48) immediately before 1 July 1954, the following provisions have effect: ( a ) where any such officer was in the public service in Singapore immediately before 1 July 1954, all rights accrued to such officer in respect of pensions, gratuities or other allowances under the Malayan Establishment Pensions Ordinance 1948 or the Minutes made thereunder continue to subsist under this Act as if service in respect of which those rights accrued had been public service in Singapore; and ( b ) nothing in this Act — (i) diminishes the amount of pension, gratuity or other allowance for which any such officer as is referred to in paragraph ( a ) would have been eligible under the Malayan Establishment Pensions Ordinance 1948 or the Minutes made thereunder had the Ordinance not been repealed and had the officer continued to serve on the Malayan Establishment; or (ii) adversely affects conditions that would have been applicable to such pension, gratuity or other allowances under that Ordinance or Minutes. (4) Unless otherwise expressly provided, the provisions of this Act shall not apply — ( a ) to all officers appointed on or after 1 April 1986 to the public service in Singapore, except officers who are appointed to such schemes of service as may be designated by the President; and ( b ) to all officers appointed on or after 1 December 1972 to any office in the public service in Singapore being an office designated as falling within Division 3 or 4, except officers who are so appointed to the Police (Junior) and the Narcotics schemes of service.


document_id: pa-1956
provision_ref: s4
section: 4
title: Pension Authorities
content:
4. —(1) The President may, for the purposes of this Act, appoint by order in the Gazette one or more Pension Authorities comprising any public officer or group of public officers. (2) Any order under subsection (1) shall specify the class or classes of public officers in respect of which a Pension Authority may exercise its powers or perform its functions under this Act. (3) A Pension Authority may depute any public officer to exercise or perform on its behalf any power or function conferred on the Pension Authority by this Act subject to such conditions as may be specified by the Pension Authority. (4) A Pension Authority may exercise any power or perform any function conferred on it by this Act notwithstanding the delegation by it of that power or function under subsection (3).


document_id: pa-1956
provision_ref: s5
section: 5
title: Delegation of powers to Pension Authorities
content:
5. —(1) Subject to subsection (2), the President may depute any Pension Authority to exercise or perform on the President’s behalf any power or function conferred on the President by this Act subject to such conditions as may be specified by the President. (2) Nothing in subsection (1) authorises the President to depute any Pension Authority to exercise on the President’s behalf any of the following powers: ( a ) to make regulations under this Act; ( b ) to declare any office or class of office to be pensionable or non‑pensionable (as the case may be) under section 2; ( c ) to determine any service to be public service for the purpose of any provision of this Act; ( d ) to vary the commutation factor or discount rate under section 20; ( e ) to designate schemes of service under section 3(4)( a ). (3) Where by virtue of subsection (1) any power or function of the President under this Act may be exercised or performed on the President’s behalf by a Pension Authority, then, unless the President otherwise directs, the Pension Authority may arrange for the exercise or performance of that power or function by any other public officer. (4) Any arrangement made by a Pension Authority under subsection (3) for the exercise or performance of any power or function by a public officer does not prevent the Pension Authority by whom the arrangement was made from exercising or performing that power or function. (5) The President may also exercise any power or perform any function conferred on the President by this Act despite the delegation by the President of that power or function under subsection (1).


document_id: pa-1956
provision_ref: s6
section: 6
title: President may make pensions regulations
content:
6. —(1) The President may make regulations for the granting of pensions, gratuities and other allowances to persons who have been in the public service in Singapore or to their legal personal representatives or dependants. (2) The regulations contained in the First Schedule are in force until varied or revoked by any regulation made under subsection (1). (3) The President may, in making regulations under this section, provide for any officer or class of officers holding pensionable offices to opt for the provident fund scheme applicable to non‑pensionable employees of the Government under the Central Provident Fund Act 1953 and for the terms and conditions of such option. (4) Any pension or gratuity granted under this Act must be computed in accordance with the provisions in force at the actual date of an officer’s retirement. (5) Where the President is satisfied that it is equitable that any regulation made under this Act should have retrospective effect in order to confer a benefit upon, or remove a disability attaching to, any person, that regulation may be given retrospective effect to any date, whether before or after 1 July 1956, for that purpose. (6) All regulations made under this section and any regulation varying or revoking the same have the same force and effect for all purposes as if they were contained in this Act. (7) Regulations made under this section may provide that — ( a ) where a person has rendered full-time national service under section 12 of the Enlistment Act 1970, or under the provisions of any written law repealed by that Act (whether the service was rendered before or after the person became the holder of a pensionable office), the period of the person’s entire full-time national service may be treated, to such extent and on any conditions that may be specified in the regulations, as pensionable service; ( b ) the service referred to in paragraph ( a ) be deemed to be public service; and ( c ) the person referred to in paragraph ( a ) be deemed to have been or to have continued to be (as the case may be) an officer in the public service for the period of that full‑time national service for the purposes of this Act.


document_id: pa-1956
provision_ref: s7
section: 7
title: Pensions, etc., to be charged on Pension Fund
content:
7. There shall be charged on and paid out of the Pension Fund all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with this Act.


document_id: pa-1956
provision_ref: s8
section: 8
title: Pensions, etc., not of right
content:
8. —(1) No officer shall have an absolute right to compensation for past services or to any pension, gratuity or other allowance under this Act, nor shall anything in this Act limit the right of the Government to dismiss any officer without compensation. (2) Subject to Article 113 of the Constitution, where it is established to the satisfaction of a Pension Authority that an officer over which it has jurisdiction has been guilty of negligence, irregularity or misconduct, it is lawful for the Pension Authority to withhold the pension, gratuity or other allowance for which the officer would have become eligible but for this section.


document_id: pa-1956
provision_ref: s9
section: 9
title: Service not counting for pension, etc.
content:
9. A pension, gratuity or other allowance must not be granted under this Act to any officer — ( a ) in respect of any service while on probation or agreement, unless without break of service he or she is confirmed in a pensionable office in Singapore or in an office in other public service which is at the time of confirmation pensionable in accordance with any law or regulation in force in such service, except that any interruption in service caused by temporary suspension of employment not arising from misconduct or voluntary resignation must be disregarded for the purposes of this paragraph; ( b ) in respect of any service as a pupil, apprentice or volunteer, during which he or she is undergoing whole time training and for which he or she is not remunerated or receives only a subsistence allowance or a special apprentice pay and the President may, by notification in the Gazette , declare what service is to be service as a pupil, apprentice or volunteer for the purposes of this paragraph; ( c ) in respect of any service, while below the age of 18 years, except that this paragraph does not apply to any officer or other person in the public service in Singapore on 1 July 1956 to whom, under any repealed Ordinance, a pension, gratuity or other allowance may be granted in respect of service while below the age of 18 years; or ( d ) in respect of any service, including service deemed under any written law for the time being in force to be service with the Government for the purposes of this Act, during which the officer was — (i) a member of any fund mentioned in the Second Schedule, except upon the condition that there must be first paid to the Government the total amount paid by the Government to that fund excluding the amount paid on account of the officer if he or she is on the pensionable establishment with respect to the service or an equivalent amount if he or she is not on the pensionable establishment with respect to such service, together with the interest, if any, thereon; or (ii) eligible for any benefits on retirement under the Singapore City Council Superannuation Fund for Subordinate Employees Rules 1954 except upon the condition that he or she has to first relinquish all rights to the benefits under those Rules.


document_id: pa-1956
provision_ref: s10
section: 10
title: Payment into Pension Fund
content:
10. Any amount that is required under section 9( d )(i) to be first paid to the Government before any pension, gratuity or other allowance may be granted under this Act must be paid into the Pension Fund.


document_id: pa-1956
provision_ref: s11
section: 11
title: Cases in which pensions, etc., may be granted
content:
11. —(1) A pension, gratuity or other allowance must not be granted under this Act to any officer until the officer has retired from the public service. (2) A pension, gratuity or other allowance must not be granted under this Act to any officer who has retired from the public service in Singapore, unless the officer has retired — ( a ) in the case of male officers in the public service in Singapore on 1 July 1956, with the consent of the President, on or after attaining the age of 50 years, and in other cases, on or after attaining the age of 55 years if a man, or of 45 years if a woman, except that in the case of a female officer she was in the service before 1 March 1962 and has opted to retire on or after attaining the age of 45 years; ( b ) on or after attaining the age of 45 years if the officer is a police officer, including a police officer of such Auxiliary Police Force as may be specified by the President by notification in the Gazette , below the rank of assistant superintendent or a prison officer below the rank of superintendent; ( c ) on a certificate from the head of the officer’s department and on medical evidence to the satisfaction of the President that the officer is incapable, by reason of some infirmity of mind or body, of discharging the duties of his or her office and that such infirmity is likely to be permanent; ( d ) on the abolition of his or her office; ( e ) in the case of termination of employment in the public interest as provided in section 12; ( f ) on compulsory retirement for the purpose of facilitating improvement in the organisation of the department to which the officer belongs by which greater efficiency or economy may be effected; ( g ) with the consent of the President, on or after completing 15 years of service as a Gurkha serving in the Gurkha Contingent of the Singapore Police Force; ( h ) in the case of a female officer appointed to the public service on or after 1 July 1956 or re-appointed after resignation on account of marriage, with the consent of the President, on or after attaining the age of 50 years; or ( i ) with the consent of the President, on or after completing 15 years of service, in special circumstances not falling within any of the preceding paragraphs. [4/2010] (3) Notwithstanding subsection (2), a pension, gratuity or other allowance may be granted under this Act to — ( a ) any officer on his or her attaining the minimum age of retirement applicable to the officer specified in subsection (2)( a ), ( b ) or ( h ) who, having retired from the public service of Singapore under the provisions of the Instruction Manual for the time being in force in order to be nominated as a candidate for election as a member of Parliament or of any local government authority in Singapore, has not subsequently been re-employed in the public service of Singapore, except that — (i) where the President is satisfied that such an officer is physically or mentally incapacitated so as to be unable to continue in any employment before the officer has attained the minimum age of retirement applicable to the officer, he or she may be granted a pension, gratuity or other allowance with effect from the date the officer satisfies the President that he or she is so physically or mentally incapacitated; or (ii) where such an officer dies before the officer has attained the minimum age of retirement applicable to the officer, his or her dependants or legal personal representatives may be paid a gratuity in accordance with section 20(3); or ( b ) any officer who, not being an officer to whom paragraph ( a ) applies, having either completed 15 years of public service or attained the age of 40 years and completed 10 years of public service, has retired with the permission of the Chief Secretary, granted before 1 September 1958 in order to be nominated as a candidate for election as a member of the Legislative Assembly or of any local government authority in Singapore. (4) The President may direct that any pension, gratuity or other allowance granted to an officer retired under subsection (2)( e ) or ( i ) be suspended until and take effect from such date, not being later than the date the officer attains the minimum age, as the President may determine. (5) Notwithstanding subsection (4) — ( a ) where the President is satisfied that an officer referred to in that subsection is physically or mentally incapacitated so as to be unable to continue in any employment before the officer has attained the minimum age, the officer may be granted a pension, gratuity or other allowance with effect from the date the officer satisfies the President that he or she is so physically or mentally incapacitated; ( b ) where the officer dies before he or she has attained the minimum age, the officer’s dependants or legal personal representatives may be paid a gratuity in accordance with section 20(3); and ( c ) no right shall accrue in respect of any pension, gratuity or other allowance during the period such pension, gratuity or other allowance has been suspended. (6) In subsections (4) and (5), “minimum age” means — ( a ) in the case of an officer who is entitled to retire at the age of 45 years — 45 years; ( b ) in the case of an officer appointed to the public service before 12 September 1986 other than an officer referred to in paragraph ( a ) — 50 years; and ( c ) in the case of an officer appointed to the public service on or after 12 September 1986 other than an officer referred to in paragraph ( a ) — (i) 50 years if he or she is entitled to retire at the age of 50 or 55 years; and (ii) 55 years if he or she is entitled to retire at the age of 60 years. (7) The pension granted to an officer under subsection (4) must be computed on the basis of the officer’s pensionable service up to the date of retirement as though the officer had retired on medical grounds under subsection (2)( c ) except that an officer retired in the public interest under subsection (2)( e ) may have his or her pension reduced under section 8(2).


document_id: pa-1956
provision_ref: s12
section: 12
title: Retirement in public interest
content:
12. —(1) Where an officer’s service is terminated on the ground that, having regard to the conditions of the public service, the usefulness of the officer thereto and all the other circumstances of the case, such termination is desirable in the public interest, and a pension, gratuity or other allowance cannot otherwise be granted to the officer under the provisions of this Act, the relevant Pension Authority may, if the Pension Authority thinks fit, grant such pension, gratuity or other allowance as the Pension Authority thinks just and proper, not exceeding in amount that for which the officer would be eligible if the officer retired from the public service in the circumstances described in section 11(2)( c ). (2) Where in the exercise of its powers of disciplinary control over public officers the Public Service Commission, the Judicial Service Commission or the Legal Service Commission (as the case may be) has ordered an officer to be retired in the public interest, the officer’s service shall be deemed to have been terminated under subsection (1). [Act 33 of 2021 wef 14/01/2022]


document_id: pa-1956
provision_ref: s13
section: 13
title: Compulsory retirement
content:
13. The President may require any officer to retire from the public service in Singapore — ( a ) who has attained, in the case of a male officer in the public service in Singapore on 1 July 1956, the age of 55 years, and in the case of any other male officer the age of 60 years or 55 years if the President in any individual case so directs; ( b ) who, being a police officer below the rank of assistant superintendent or a prison officer below the rank of superintendent, has attained the age of 45 years; ( c ) whose retirement appears to the President to be desirable in the public interest; ( d ) who, being a woman appointed to the public service before 1 March 1962, is married or marries and has opted to remain eligible for a gratuity on marriage; ( e ) on the abolition of the office of the officer; ( f ) for the purpose of facilitating improvement in the organisation of the department to which the officer belongs by which greater efficiency or economy may be effected; or ( g ) who has attained, in the case of a female officer appointed to the public service on or after 1 March 1962, the age of 60 years or 55 years if the President in any individual case so directs. [4/2010]


document_id: pa-1956
provision_ref: s14
section: 14
title: Maximum pension from all public service
content:
14. —(1) A pension granted to an officer under this Act must not exceed two-thirds of the highest pensionable emoluments drawn by the officer at any time in the course of his or her public service in Singapore. (2) Where an officer has been or is granted a pension or pensions in respect of other public service, the officer may be granted the full pension for which the officer is eligible in respect of his or her public service in Singapore. (3) No person may at any time draw from the Pension Fund an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two‑thirds of the highest pensionable emoluments drawn by that person at any time in the course of his or her public service in Singapore or in other public service. (4) Where a person referred to in subsection (3) receives, in respect of some period of public service, both a gratuity and a pension, the amount of the pension is deemed, for the purpose of subsections (2) and (3), to be the amount of pension which would have been payable had the officer received a pension only and not a gratuity and a pension. (5) In a case falling under subsection (3), the amount of pension to be drawn from the Pension Fund is subject to the approval of the relevant Pension Authority, in order that it may be determined with due regard to the amount of any pension or pensions similarly to be drawn in respect of other public service. (6) For the purpose of this section, an allowance granted in respect of injury or disease must not be taken into account; but where the officer is granted such an allowance, the amount of the allowance which the officer may draw must not exceed one-sixth of his or her highest pensionable emoluments at any time in the course of his or her public service by more than the sum by which the amount of his or her pension or pensions, apart from such allowance, falls short of two‑thirds of such highest pensionable emoluments.


document_id: pa-1956
provision_ref: s15
section: 15
title: Pensions, etc., not to be assignable
content:
15. A pension, gratuity or other allowance granted under this Act is not assignable or transferable, except for the purpose of satisfying — ( a ) a debt due to the Government; or ( b ) an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child, whether legitimate or not, of the officer to whom the pension, gratuity or other allowance has been granted, and is not liable to be attached, sequestered or levied upon for or in respect of any debt or claim except a debt due to the Government.


document_id: pa-1956
provision_ref: s16
section: 16
title: Liability of pensioners to be called upon to take further employment
content:
16. —(1) Every pension granted under this Act is subject to the condition that unless and until the officer has reached the age of 50 years if a man, and of 45 years if a woman, he or she may, if physically fit for service, be called upon by the President to accept an office, in Singapore, not less in value than the office which he or she held at the date of retirement. (2) If a pensioner so called upon declines to accept such office, the payment of his or her pension may be suspended until he or she has attained the age of 50 years if a man, and of 45 years if a woman. (3) This section does not apply to officers in the public service in Singapore on 1 July 1956 who retire otherwise than in the circumstances described in section 11(2)( d ) or ( f ).


document_id: pa-1956
provision_ref: s17
section: 17
title: Pensions, etc., to cease on bankruptcy
content:
17. —(1) A pension, gratuity or other allowance which would be granted under this Act to an officer must not be so granted if, at the date of his or her retirement from the public service, the officer has been adjudged a bankrupt or declared insolvent by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, and has not obtained his or her discharge from such adjudication or declaration. (2) If any person to whom a pension or other allowance has been granted under this Act is adjudicated a bankrupt or is declared insolvent by judgment of the court, whether in Singapore or elsewhere, then the pension or allowance immediately ceases. (3) In any case where — ( a ) by reason of bankruptcy or insolvency of an officer, a pension, gratuity or allowance is not granted; or ( b ) by reason of bankruptcy or insolvency of a pensioner, a pension or allowance ceases, the relevant Pension Authority may, from time to time, during the remainder of such person’s life, or during such shorter period or periods, either continuous or discontinuous, as the Pension Authority thinks fit, cause all or any part of the moneys to which the person would have been entitled by way of pension, gratuity or allowance, had the person not become a bankrupt or insolvent, to be paid to, or applied for the maintenance and personal support or benefit of, all or any (to the exclusion of the other or others) of the following persons in such proportions and manner as the Pension Authority thinks proper, and such moneys must be paid or applied accordingly: ( c ) such person himself or herself; ( d ) any wife, child or children of the person. (4) Moneys applied under subsection (3) for the discharge of the debts of the officer or pensioner referred to in that subsection must, for the purposes of that subsection, be regarded as applied for his or her benefit. (5) When a person to whom a pension or allowance has not been granted or whose pension or allowance has ceased under this section obtains a full and proper discharge from his or her bankruptcy or insolvency, his or her pension or allowance shall be restored to him or her with effect from the date of that discharge.


document_id: pa-1956
provision_ref: s18
section: 18
title: Pensions, etc., to cease on conviction
content:
18. —(1) If any person to whom a pension or other allowance has been granted under this Act is sentenced to death or penal servitude or any term of imprisonment by any court of competent jurisdiction, whether in Singapore or elsewhere, for any crime or offence, the relevant Pension Authority may direct that the pension or allowance immediately cease, and thereupon the pension or allowance ceases accordingly. (2) Any pension or allowance that ceases under subsection (1) must be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon. (3) Where a pension or allowance ceases by virtue of a direction under subsection (1), the relevant Pension Authority may cause all or any part of moneys to which the pensioner would have been entitled by way of pension or allowance to be paid to or applied for the benefit of any wife, child or children of the pensioner and, after the expiration of the pensioner’s sentence, also for the benefit of the pensioner, in the same manner precisely and subject to the same qualifications and restrictions as in the case of bankruptcy or insolvency provided under section 17.


document_id: pa-1956
provision_ref: s19
section: 19
title:
Pensions, etc., may cease on accepting employment in certain companies, or in engaging in certain occupations for gain

content:
19. —(1) If any person to whom a pension or other allowance has been granted under this Act — ( a ) becomes a director of any company, the principal part of whose business is in any way directly concerned with Singapore or Malaysia; ( b ) becomes an officer or employee employed in Singapore or in Malaysia by any such company; or ( c ) engages in any occupation for gain in Singapore or in Malaysia, without the permission of the President in writing first had and obtained, the President may direct that the pension or allowance granted to the person immediately cease, and thereupon the pension or allowance ceases accordingly. (2) The President may, on being satisfied that the person in respect of whose pension or allowance any direction under subsection (1) shall have been given has ceased — ( a ) to be a director of a company referred to in that subsection; ( b ) to be employed as an officer or employee of such company in Singapore or in Malaysia; or ( c ) to be engaged in an occupation referred to in that subsection, to give directions for the restoration of the pension or allowance, with retrospective effect if he or she sees fit, to such date as he or she shall specify, and the pension or allowance shall be restored accordingly. (3) This section shall cease to apply to any person to whom a pension or other allowance has been granted under this Act after a period of 5 years from the date of his or her retirement.


document_id: pa-1956
provision_ref: s20
section: 20
title: Gratuity where officer dies in service
content:
20. —(1) Where an officer dies in the public service in Singapore, there shall be paid to such of the officer’s dependants as the relevant Pension Authority may think fit, or if there are no dependants, to the officer’s legal personal representative, a gratuity — ( a ) in the case of an officer holding a pensionable office who has not exercised an option mentioned in section 6(3), of an amount equal to one of the following capital sums: (i) where the officer has attained the minimum age at the time of the officer’s death — an amount ascertained by multiplying the relevant commutation factor by the amount of such pension that may have been granted to the officer under this Act if the officer had retired on the date of the officer’s death in the circumstances described in section 11(2)( c ); (ii) where the officer has not attained the minimum age at the time of the officer’s death — the amount ascertained in accordance with sub‑paragraph (i), from which amount there must be a discount at the relevant discount rate in respect of each year or part thereof falling between the date of the officer’s death and the date he or she would have attained his or her minimum age had the officer not died (both dates inclusive), but that gratuity must in no case be less than one year’s pensionable emoluments; ( b ) in the case of a Gurkha serving in the Gurkha Contingent of the Singapore Police Force, of an amount equal to 1 / 120 of one year’s pensionable emoluments for each complete month of service but such gratuity must not be less than one year’s or more than 3 years’ pensionable emoluments; ( c ) in the case of an officer holding a pensionable office who has exercised an option mentioned in section 6(3), of an amount equal to one year’s salary as at the date immediately prior to the officer’s option taking effect or the commuted pension gratuity which might have been granted to the officer if the officer had retired at the date of the officer’s death in the circumstances described in section 11(2)( c ), whichever is the greater; or ( d ) in any other case, of an amount equal to one year’s salary or the officer’s commuted annual allowance gratuity, whichever is the greater. (2) Where — ( a ) an officer who has retired from the public service in Singapore dies within one year of his or her retirement; or ( b ) a retired officer, being an officer who opted under any regulations made under this Act to receive a full pension without any gratuity and whose pension had been suspended under section 11(4), dies within one year of his or her pension taking effect, there shall be paid to such of his or her dependants as the relevant Pension Authority may think fit, or if there are no dependants, to his or her legal personal representative, a gratuity of an amount equal to — ( c ) in the case of an officer holding a pensionable office who has not exercised an option mentioned in section 6(3) — one year’s pensionable emoluments; and ( d ) in any other case — one year’s salary, from which gratuity there must be deducted the amount of the gratuity (if any) which has been paid or is payable under this Act and any payment or payments of pension or allowance, other than any allowance granted in respect of an injury, which may already have been made. (3) Despite subsection (2), where an officer whose pension, gratuity or other allowance is suspended under section 11(4) dies before his or her pension, gratuity or allowance takes effect (whether or not within one year of his or her retirement), there shall be paid to such of his or her dependants as the relevant Pension Authority may think fit, or if there are no dependants, to his or her legal personal representative, a gratuity of an amount ascertained by multiplying the relevant commutation factor by the amount of the pension that may have been granted to the officer under this Act, from which amount there must be a discount at the relevant discount rate in respect of each year or part thereof falling between the date he or she would have attained his or her minimum age had he or she not died and the date of his or her death (both dates inclusive) but that gratuity must in no case be less than one year’s pensionable emoluments. (4) In this section — “commutation factor” means 175.14 or such other factor as the President, by order in the Gazette , prescribes in variation thereof; “commuted annual allowance gratuity” means the gratuity which might have been granted to the officer under any regulation providing for the grant of a reduced annual allowance and a gratuity, if the officer’s public service had been wholly in Singapore and if he or she had retired at the date of his or her death in the circumstances described in section 11(2)( c ); and for the purpose of calculating the same the officer is deemed to have elected to be paid an annual allowance at the rate of three‑fourths of the annual allowance granted to the officer; “discount rate” means 5% or such other rate as the President, by order in the Gazette , prescribes in variation thereof; “minimum age” has the meaning given by section 11(6); “one year’s salary” means the emoluments which would be taken for the purpose of computing any allowance or gratuity, or in the case of an officer holding a pensionable office who has exercised an option mentioned in section 6(3) any pension, which may be granted to the officer if he or she had retired at the date of his or her death in the circumstances described in section 11(2)( c ); “pensionable emoluments”, in relation to an officer who had exercised an option mentioned in section 6(3), means the officer’s pensionable emoluments at the date immediately prior to his or her option taking effect; “relevant commutation factor” and “relevant discount rate”, in relation to an officer or a retired officer, mean the commutation factor and discount rate, respectively, in force on either the date of the officer’s death or his or her appointment to the public service in Singapore, whichever is the more favourable; and for this purpose, all officers appointed to the public service in Singapore before 1 January 1995 shall be deemed to be appointed to the public service in Singapore on that date. (5) This section applies to all officers appointed to the public service in Singapore, whether appointed before or after 1 April 1986, but not a Supreme Court Judge, an Attorney‑General, an Auditor‑General, a Deputy Attorney‑General or a member of the Public Service Commission who is eligible to be granted a death gratuity under any other written law. [38/2014; 40/2019]


document_id: pa-1956
provision_ref: s21
section: 21
title: Repeal and saving
content:
21. —(1) The Ordinances set out in the Third Schedule are repealed. (2) Despite subsection (1) — ( a ) all notifications declaring offices to be pensionable offices or classes to be pensionable classes made under any repealed Ordinance are deemed to have been made under this Act and continue in force until cancelled or varied by notifications in the Gazette made under this Act; ( b ) all pensions, gratuities or other allowances granted under any repealed Ordinance are deemed to have been granted under this Act, and continue to be payable until determined under and in accordance with this Act; and ( c ) all rights accrued in respect of pensions, gratuities or other allowances under any repealed Ordinance continue to subsist under this Act as if service in respect of which such rights accrued had been service under the Government.


document_id: pa-1994
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Convention on International Exhibitions” means the Convention relating to International Exhibitions signed in Paris on 22 November 1928, as amended or supplemented by any protocol to that convention which is for the time being in force; “corresponding application”, in relation to an application for a patent (called in this definition the application in suit), means an application for protection filed, or treated as filed, with any prescribed patent office that — ( a ) forms the basis for a priority claim under section 17 in the application in suit; or ( b ) is subject to a priority claim based on — (i) the application in suit; or (ii) an application which is also the basis for a priority claim under section 17 in the application in suit; “corresponding international application”, in relation to an application for a patent (called in this definition the application in suit), means an application for protection filed under the Patent Co-operation Treaty that — ( a ) forms the basis for a priority claim under section 17 in the application in suit; or ( b ) is subject to a priority claim based on — (i) the application in suit; or (ii) an application which is also the basis for a priority claim under section 17 in the application in suit; “corresponding patent”, in relation to a corresponding application, means a patent granted in respect of the corresponding application by the prescribed patent office in which the corresponding application was filed or treated as filed; “Council for TRIPS” means the Council for Trade-Related Aspects of Intellectual Property Rights established under the TRIPS Agreement; “country” includes — ( a ) a colony, protectorate or territory subject to the authority or under the suzerainty of another country; or ( b ) a territory administered by another country under the trusteeship of the United Nations; “court” means the General Division of the High Court; “date of filing”, in relation to — ( a ) an application for a patent made under this Act, means the date of filing that application by virtue of section 26; and ( b ) any other application, means the date which, under the law of the country where the application was made or in accordance with the terms of a treaty or convention to which that country is a party, is to be treated as the date of filing that application in that country or is equivalent to the date of filing an application in that country (whatever the outcome of the application); “designate”, in relation to an application or a patent, means designate the country or countries (pursuant to the Patent Co‑operation Treaty) in which protection is sought for the invention which is the subject of the application or patent; “Doha Declaration Implementation Decision” means the Decision adopted by the General Council of the World Trade Organisation on 30 August 2003 on the implementation of paragraph 6 of the Declaration on the TRIPS Agreement and Public Health adopted in Doha on 14 November 2001; “employee” means a person who works or (where the employment has ceased) worked under a contract of employment or in employment under or for the purposes of a Government department; “employer”, in relation to an employee, means the person by whom the employee is or was employed; “European Patent Convention” means the Convention on the Grant of European Patents; “European Patent Office” means the office of that name established by the European Patent Convention; “examination” means an examination conducted by an Examiner in relation to an application for a patent to determine such matters as may be prescribed; “Examiner” means any person, organisation, entity or foreign or international patent office or organisation appointed by the Registrar for the purpose of referring any question or matter relating to patents (including the conduct of any search, examination or search and examination, in relation to an application for a patent, whether before or after the patent is granted), and includes any Deputy Registrar of Patents, and any Assistant Registrar of Patents or public officer to whom the Registrar has delegated, under section 5(1), any of the Registrar’s powers or functions under this Act; “exclusive licence” means a licence from the proprietor of or applicant for a patent conferring on the licensee, or on the licensee and persons authorised by the licensee, to the exclusion of all other persons (including the proprietor or applicant), any right in respect of the invention to which the patent or application relates, and “exclusive licensee” and “non-exclusive licence” are to be construed accordingly; “filing fee” means the fee prescribed for the purposes of section 25; “formal requirements” means those requirements of this Act and the rules which are designated by the rules as formal requirements for the purposes of this Act; “international application for a patent” means an application made under the Patent Co-operation Treaty; “international application for a patent (Singapore)” means an application of that description which, on its date of filing, designates Singapore; “International Bureau” means the secretariat of the World Intellectual Property Organisation established by a convention signed at Stockholm on 14 July 1967; “international exhibition” means an official or officially recognised international exhibition falling within the terms of the Convention on International Exhibitions or falling within the terms of any subsequent treaty or convention replacing that convention; “inventor”, in relation to an invention, means the actual deviser of the invention and “joint inventor” is to be construed accordingly; “journal” has the meaning given by section 115(4); [ Deleted by Act 33 of 2021 wef 14/01/2022 ] “marketing approval”, in relation to a pharmaceutical product, means — ( a ) a product licence under section 5 of the Medicines Act 1975 granted before 1 November 2016; or ( b ) a registration under Part 7 of the Health Products Act 2007 granted on or after 1 November 2016; “medicinal health product” means any health product within the meaning of the Health Products Act 2007 that is prescribed as a medicinal health product; “medicinal product” means — ( a ) a medicinal product within the meaning of the Medicines Act 1975; or ( b ) a medicinal health product; “missing part”, in relation to an application for a patent, means — ( a ) any drawing; or ( b ) any part of the description of the invention for which the patent is sought, which was missing from the application at the date of filing of the application; “mortgage”, when used as a noun, includes a charge for securing money or money’s worth and, when used as a verb, is to be construed accordingly; “Office” means the Intellectual Property Office of Singapore incorporated under the Intellectual Property Office of Singapore Act 2001; “Paris Convention” means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883; “patent” means a patent under this Act and includes a patent in force by virtue of section 117(3); “Patent Co-operation Treaty” means the treaty of that name signed at Washington on 19 June 1970; “patented invention” means an invention for which a patent is granted and “patented process” is to be construed accordingly; “patented product” means a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied; “person” includes the Government; “pharmaceutical product” means a medicinal product which is a substance used wholly or mainly by being administered to a human being for the purpose of treating or preventing disease, but does not include — ( a ) any substance which is used solely — (i) for diagnosis or testing; or (ii) as a device or mechanism, or an instrument, apparatus or appliance; or ( b ) any substance or class of substances specified in paragraph 2 or 3 of the Schedule; “prescribed form” means a form published by the Registrar under section 115A; “priority date” means the date determined as such under section 17; “published” means made available to the public (whether in Singapore or elsewhere) and a document is taken to be published under any provision of this Act if it can be inspected as of right at any place in Singapore by members of the public, whether on payment of a fee or not, and “republished” is to be construed accordingly; “register”, when used as a noun, means the register of patents maintained under section 42 and, when used as a verb, means, in relation to any thing, to register or register particulars, or enter notice, of that thing in the register and, when used in relation to a person, means to enter the person’s name in the register; “registered foreign patent agent” means a person whose name is entered in the register of foreign patent agents kept in accordance with the rules made under section 104; “registered patent agent” means a person whose name is entered in the register of patent agents kept in accordance with the rules made under section 104; “Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act; “Registry” means the Registry of Patents established under this Act; “related national phase application”, in relation to an application for a patent (being an international application for a patent (Singapore) that has entered the national phase in Singapore under section 86(3)), or a new application filed in accordance with section 26(11) which derived its filing date from an international application for a patent (Singapore) (called in this definition the application in suit), means an application for protection treated as filed with any prescribed patent office (being an international application for a patent (Singapore) that has entered the national or regional phase in the country or jurisdiction the patent office of which is that prescribed patent office) which is derived from the same international application for a patent (Singapore) (being an international application for a patent (Singapore) that is not subject to any priority claim) as the application in suit; “related national phase patent”, in relation to a related national phase application, means a patent granted in respect of the related national phase application by the prescribed patent office in which the related national phase application was treated as filed; “relevant authority”, in relation to a pharmaceutical product, means the Health Sciences Authority established under the Health Sciences Authority Act 2001; “relevant health product” means a patented invention which is a product referred to in — ( a ) paragraph 1( a ) of the Doha Declaration Implementation Decision; or ( b ) paragraph 1( a ) of the Annex to the TRIPS Agreement; “right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent; “scientific adviser” means any person with any scientific qualification, any medical practitioner, engineer, architect, surveyor, accountant, actuary and any other specially skilled person; “search” means a search conducted by an Examiner in relation to an application for a patent to discover such matters as may be prescribed; “supplementary examination” means a supplementary examination conducted by an Examiner in relation to an application for a patent to determine such matters as may be prescribed; “TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement, as revised or amended from time to time; “WTO Agreement” means the World Trade Organisation Agreement signed in Marrakesh in 1994 as revised or amended from time to time. [2/2007; 18/2008; 20/2009; 15/2012; 4/2014; 40/2019] (2) Rules ma


document_id: pa-1994
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Registrar of Patents and other officers
content:
4. —(1) There is to be a Registrar of Patents who has the chief control of the Registry of Patents. (2) There is to be one or more Deputy Registrars of Patents who, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 5. (3) There is to be one or more Assistant Registrars of Patents. (4) The Registrar and all the other officers under this section must be appointed by the Minister.


document_id: pa-1994
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Delegation by Registrar
content:
5. —(1) The Registrar may, in relation to a particular matter or class of matters, by writing under the hand of the Registrar, delegate all or any of the Registrar’s powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Patents, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation. [4/2014] (2) A delegation under this section is revocable at will and no delegation prevents the exercise of a power or function by the Registrar or by any Deputy Registrar of Patents. (3) A person with the relevant qualifications or experience referred to in subsection (1) is, when exercising the delegated powers and functions, deemed to be a public servant for the purposes of the Penal Code 1871. [4/2014]


document_id: pa-1994
provision_ref: s8
chapter: PART 2 - ADMINISTRATION
section: 8
title: Powers of Registrar
content:
8. The Registrar may, for the purposes of this Act — ( a ) summon witnesses; ( b ) receive evidence on oath, whether orally or otherwise; ( c ) require the production of documents or articles; and ( d ) award costs against a party to proceedings before the Registrar.


document_id: pa-1994
provision_ref: s9
chapter: PART 2 - ADMINISTRATION
section: 9
title: Disobedience to summons an offence
content:
9. —(1) A person who has been summoned to appear as a witness before the Registrar must not, without lawful excuse, fail to appear in obedience to the summons. (2) A person who has been required by the Registrar to produce a document or article must not, without lawful excuse, fail to produce the document or article. (3) Any person who contravenes subsection (1) or (2) 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 3 months or to both.


document_id: pa-1994
provision_ref: s10
chapter: PART 2 - ADMINISTRATION
section: 10
title: Refusal to give evidence an offence
content:
10. —(1) A person who appears before the Registrar must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which the person is lawfully required to produce or answer. (2) Any person who contravenes subsection (1) 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 3 months or to both.


document_id: pa-1994
provision_ref: s11
chapter: PART 2 - ADMINISTRATION
section: 11
title: Officers not to traffic in inventions
content:
11. —(1) An officer or person employed in the Registry must not buy, sell, acquire or traffic in an invention or patent, whether granted in Singapore or elsewhere, or in a right to, or licence under, a patent, whether granted in Singapore or elsewhere. (2) Any person who contravenes subsection (1) 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 3 months or to both. (3) A purchase, sale, acquisition, assignment or transfer made or entered into in contravention of this section is void. (4) This section does not apply to the actual inventor or to an acquisition by bequest or devolution in law.


document_id: pa-1994
provision_ref: s12
chapter: PART 2 - ADMINISTRATION
section: 12
title: Officers not to furnish information
content:
12. —(1) An officer or person employed in the Registry must not, except when required or authorised by this Act, or under a direction in writing of the Registrar or by order of a court — ( a ) furnish information on a matter which is being, or has been, dealt with under this Act; ( b ) prepare, or assist in the preparation of, a document required or permitted by or under this Act to be lodged in the Registry; or ( c ) conduct a search in the records of the Registry. (2) Any person who contravenes subsection (1) 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 3 months or to both.


document_id: pa-1994
provision_ref: s13
chapter: PART 3 - PATENTABILITY
section: 13
title: Patentable inventions
content:
13. —(1) Subject to subsection (2), a patentable invention is one that satisfies the following conditions: ( a ) the invention is new; ( b ) it involves an inventive step; and ( c ) it is capable of industrial application. (2) An invention the publication or exploitation of which would be generally expected to encourage offensive, immoral or anti-social behaviour is not a patentable invention. (3) For the purposes of subsection (2), behaviour is not to be regarded as offensive, immoral or anti-social only because it is prohibited by any law in force in Singapore.


document_id: pa-1994
provision_ref: s14
chapter: PART 3 - PATENTABILITY
section: 14
title: Novelty
content:
14. —(1) An invention is taken to be new if it does not form part of the state of the art. (2) The state of the art in the case of an invention is taken to comprise all matter (whether a product, a process, information about either, or anything else) which has at any time before the priority date of that invention been made available to the public (whether in Singapore or elsewhere) by written or oral description, by use or in any other way. (3) The state of the art in the case of an invention to which an application for a patent or a patent relates is taken also to comprise matter contained in an application for another patent which was published on or after the priority date of that invention, if the following conditions are satisfied: ( a ) that matter was contained in the application for that other patent both as filed and as published; and ( b ) the priority date of that matter is earlier than that of the invention. (4) For the purposes of this section, the disclosure of matter constituting an invention is to be disregarded in the case of a patent or an application for a patent if occurring later than the beginning of the period of 12 months immediately preceding the date of filing the application for the patent and either — ( a ) the disclosure was due to, or made in consequence of, the matter having been obtained unlawfully or in breach of confidence by any person — (i) from the inventor or from any other person to whom the matter was made available in confidence by the inventor or who obtained it from the inventor because the other person or the inventor believed that the other person was entitled to obtain it; or (ii) from any other person ( A ) to whom the matter was made available in confidence by any person mentioned in sub‑paragraph (i) or in this sub‑paragraph or who obtained it from any person so mentioned because A or the person from whom A obtained it believed that A was entitled to obtain it; ( b ) the disclosure was made in breach of confidence by any person who obtained the matter in confidence from the inventor or from any other person to whom it was made available, or who obtained it, from the inventor; ( c ) the disclosure was due to, or made in consequence of, the inventor displaying the invention at an international exhibition; ( d ) the disclosure was due to, or made in consequence of, the inventor describing the invention in a paper read by the inventor or another person with the inventor’s consent or on the inventor’s behalf before any learned society or published with the inventor’s consent in the transactions of any learned society; or ( e ) subject to subsections (6) and (7), the disclosure was made to the public by the inventor, or by a person who obtained the matter directly or indirectly from the inventor, in any circumstances not described in paragraphs ( a ) to ( d ). [18/2017] (5) In subsection (4)( d ), “learned society” includes any club or association constituted in Singapore or elsewhere whose main object is the promotion of any branch of learning or science. (6) Subsection (4)( e ) applies to the disclosure of matter constituting an invention due to, or in consequence of, the publication by an intellectual property administrator (being a person who obtained the matter directly or indirectly from the inventor) of an application for an intellectual property right (being an application containing the matter, but not being the application for a patent mentioned in subsection (4)), or a registration of an intellectual property right pursuant to such an application, only if — ( a ) the application was filed, without the consent of the inventor, by a person who obtained the matter directly or indirectly from the inventor; or ( b ) the publication was erroneous by reason that — (i) the application had been withdrawn, refused or abandoned before the date of the publication; and (ii) consequently, the publication was not required under the law (whether of Singapore or elsewhere) or treaty governing the application. [18/2017] (7) For the purposes of subsection (4)( e ), where — ( a ) the disclosure of matter constituting an invention is due to, or in consequence of, the publication by an intellectual property administrator (being a person who obtained the matter directly or indirectly from the inventor) of an application for an intellectual property right (being an application containing the matter, but not being the application for a patent mentioned in subsection (4)), or a registration of an intellectual property right pursuant to such an application; and ( b ) the publication was erroneous by reason that the publication occurred earlier than provided under the law (whether of Singapore or elsewhere) or treaty governing the application, the matter is to be treated as disclosed to the public on the date when the publication should have occurred under that law or treaty. [18/2017] (8) If the applicant relies on any circumstances described in any paragraph of subsection (4) when — ( a ) complying with section 29(1)( b ) or ( c ), (3) or (9); or ( b ) making a request under section 29B(1) for a review of an examination report issued under section 29(4) or a search and examination report issued under section 29(5), the applicant must file written evidence complying with the prescribed requirements in support of the applicant’s reliance on those circumstances. [18/2017] (9) In this section, references to the inventor include references to any proprietor of the invention for the time being. (10) In the case of an invention consisting of a substance or composition for use in a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body, the fact that the substance or composition forms part of the state of the art does not prevent the invention from being taken to be new if the use of the substance or composition in any such method does not form part of the state of the art. (11) In this section — “foreign intellectual property office” means — ( a ) any national or regional office outside Singapore that performs functions similar to those that are performed by — (i) the Registry; (ii) the Registry of Plant Varieties established under section 7 of the Plant Varieties Protection Act 2004; (iii) the Registry of Designs established under section 51 of the Registered Designs Act 2000; or (iv) the Registry of Trade Marks established under section 64 of the Trade Marks Act 1998; ( b ) the International Bureau; or ( c ) the International Bureau as defined in section 2(1) of the Registered Designs Act 2000 or section 2(1) of the Trade Marks Act 1998; “intellectual property administrator” means — ( a ) the Registrar; ( b ) the Registrar of Designs; ( c ) the Registrar of Plant Varieties; ( d ) the Registrar of Trade Marks; or ( e ) a foreign intellectual property office; “Registrar of Designs” means the Registrar of Designs appointed under section 49 of the Registered Designs Act 2000, and includes a Deputy Registrar of Designs and an Assistant Registrar of Designs appointed under that section; “Registrar of Plant Varieties” means the Registrar of Plant Varieties appointed under section 5 of the Plant Varieties Protection Act 2004, and includes a Deputy Registrar of Plant Varieties and an Assistant Registrar of Plant Varieties appointed under that section; “Registrar of Trade Marks” means the Registrar of Trade Marks appointed under section 62 of the Trade Marks Act 1998, and includes a Deputy Registrar of Trade Marks and an Assistant Registrar of Trade Marks appointed under that section. [18/2017]


document_id: pa-1994
provision_ref: s15
chapter: PART 3 - PATENTABILITY
section: 15
title: Inventive step
content:
15. An invention is taken to involve an inventive step if it is not obvious to a person skilled in the art, having regard to any matter which forms part of the state of the art by virtue only of section 14(2) and without having regard to section 14(3).


document_id: pa-1994
provision_ref: s16
chapter: PART 3 - PATENTABILITY
section: 16
title: Industrial application
content:
16. —(1) Subject to subsection (2), an invention is taken to be capable of industrial application if it can be made or used in any kind of industry, including agriculture. (2) An invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body is not taken to be capable of industrial application. (3) Subsection (2) does not prevent a product consisting of a substance or composition from being treated as capable of industrial application merely because it is invented for use in any such method.


document_id: pa-1994
provision_ref: s17
chapter: PART 3 - PATENTABILITY
section: 17
title: Priority date
content:
17. —(1) For the purposes of this Act, the priority date of an invention to which an application for a patent relates and also of any matter (whether or not the same as the invention) contained in the application is, except as provided by the provisions of this Act, the date of filing the application. (2) Where in or in connection with an application for a patent (called in this section the application in suit) a declaration is made, whether by the applicant or any predecessor in title of the applicant, complying with the relevant requirements of the rules and specifying one or more earlier relevant applications for the purposes of this section made by the applicant or a predecessor in title of the applicant, and the application in suit has a date of filing, within the period mentioned in subsection (3)( a ) or ( b ), then — ( a ) if an invention to which the application in suit relates is supported by matter disclosed in the earlier relevant application or applications, the priority date of that invention, instead of being the date of filing the application in suit, is the date of filing the relevant application in which that matter was disclosed or, if it was disclosed in more than one relevant application, the earliest of them; and ( b ) the priority date of any matter contained in the application in suit which was also disclosed in the earlier relevant application or applications is the date of filing the relevant application in which that matter was disclosed or, if it was disclosed in more than one relevant application, the earliest of them. [2/2007] (3) For the purposes of subsection (2), the period is — ( a ) the period of 12 months immediately following the date of filing of the specified earlier relevant application or, if there is more than one relevant application, the earliest of them; or ( b ) where the Registrar has granted a request under subsection (4), the period commencing immediately after the period referred to in paragraph ( a ) and ending at the end of such period as may be prescribed. [2/2007] (4) The applicant may make a request to the Registrar for the declaration referred to in subsection (2) to be made after the period referred to in subsection (3)( a ). [2/2007] (5) Where the applicant makes a request under subsection (4), the applicant must, if the applicant has failed to file the application in suit within the period mentioned in subsection (3)( a ), indicate in the request whether the applicant’s failure to file the application in suit within the period mentioned in subsection (3)( a ) — ( a ) occurred in spite of due care required by the circumstances having been taken; or ( b ) was unintentional. [2/2007] (6) The Registrar must grant a request under subsection (4) if and only if — ( a ) the request is made within such period and in such manner, and complies with such requirements, as may be prescribed; and ( b ) where the applicant has failed to file the application in suit within the period referred to in subsection (3)( a ), the Registrar is satisfied that the applicant’s failure to file the application in suit within the period mentioned in subsection (3)( a ) — (i) occurred in spite of due care required by the circumstances having been taken; or (ii) was unintentional. [2/2007] (7) Where an invention or other matter contained in the application in suit was also disclosed in 2 earlier relevant applications filed by the same applicant as in the case of the application in suit or a predecessor in title of the applicant and the second of those relevant applications was specified in or in connection with the application in suit, the second of those relevant applications, so far as it concerns that invention or matter, is to be disregarded unless — ( a ) it was filed in or in respect of the same country as the first; and ( b ) not later than the date of filing the second, the first (whether or not so specified) was unconditionally withdrawn, or was abandoned or refused, without — (i) having been made available to the public whether in Singapore or elsewhere; (ii) leaving any right outstanding; and (iii) having served to establish a priority date in relation to another application, wherever made. (8) This section applies for determining the priority date of an invention for which a patent has been granted as it applies for determining the priority date of an invention to which an application for that patent relates. (9) In this section and section 18, “relevant application” means any of the following applications which has a date of filing: ( a ) an application for a patent under this Act; ( b ) an application in or for a convention country for protection in respect of an invention or an application which, in accordance with the law of a convention country or a treaty or international convention to which a convention country is a party, is equivalent to such an application. (10) In subsection (9), “convention country” means — ( a ) a country other than Singapore that is a party to the Paris Convention or a member of the World Trade Organisation; or ( b ) any other country with which Singapore has entered into a treaty, convention, arrangement or engagement and which is declared by the Minister, by order in the Gazette , as a convention country.


document_id: pa-1994
provision_ref: s18
chapter: PART 3 - PATENTABILITY
section: 18
title: Disclosure of matter, etc., between earlier and later applications
content:
18. —(1) To avoid doubt, where an application (the application in suit) is made for a patent and a declaration is made in accordance with section 17(2) in or in connection with that application specifying an earlier relevant application, the application in suit and any patent granted in pursuance of it are not invalidated by reason only of the relevant intervening acts. (2) In subsection (1), “relevant intervening acts” means acts done in relation to matter disclosed in an earlier relevant application between the dates of the earlier relevant application and the application in suit, as for example, filing another application for the invention for which the earlier relevant application was made, making information available to the public about that invention or that matter or working that invention, but disregarding any application, or the disclosure to the public of matter contained in any application, which is itself to be disregarded for the purposes of section 17(7).


document_id: pa-1994
provision_ref: s19
chapter: PART 4 - RIGHT TO APPLY FOR AND OBTAIN PATENT
section: 19
title: Right to apply for and obtain patent
content:
19. —(1) Any person may make an application for a patent either alone or jointly with another. (2) A patent for an invention may be granted — ( a ) primarily to the inventor or joint inventors; ( b ) in preference to paragraph ( a ), to any person or persons who, by virtue of any enactment or rule of law, or any foreign law or treaty or international convention, or by virtue of an enforceable term of any agreement entered into with the inventor before the making of the invention, was or were at the time of the making of the invention entitled to the whole of the property in it (other than equitable interests) in Singapore; or ( c ) in any event, to the successor or successors in title of any person or persons mentioned in paragraph ( a ) or ( b ) or any person so mentioned and the successor or successors in title of another person so mentioned, and to no other person. (3) Except so far as the contrary is established, a person who makes an application for a patent is taken to be the person who is entitled under subsection (2) to be granted a patent and 2 or more persons who make such an application jointly are taken to be the persons so entitled.


document_id: pa-1994
provision_ref: s20
chapter: PART 4 - RIGHT TO APPLY FOR AND OBTAIN PATENT
section: 20
title: Determination before grant of questions about entitlement to patents, etc.
content:
20. —(1) At any time before a patent has been granted for an invention — ( a ) any person may refer to the Registrar the question whether the person is entitled to be granted (either alone or with any other persons) a patent for that invention or has or would have any right in or under any patent so granted or any application for such a patent; or ( b ) any of 2 or more co-proprietors of an application for a patent for that invention may so refer the question whether any right in or under application should be transferred or granted to any other person, and the Registrar must determine the question and may make such order as the Registrar thinks fit to give effect to the determination. [23/2019] (2) Where a person refers a question relating to an invention under subsection (1)( a ) to the Registrar after an application for a patent for the invention has been filed and before a patent is granted pursuant to the application, then, unless the application is refused or withdrawn before the reference is disposed of by the Registrar, the Registrar may, without limiting subsection (1) and subject to subsection (6) — ( a ) order that the application proceeds in the name of that person, either solely or jointly with that of any other applicant or any specified applicant; ( b ) where the reference was made by 2 or more persons, order that the application proceeds in all their names jointly; ( c ) refuse to grant a patent pursuant to the application or order the application to be amended so as to exclude any of the matter in respect of which the question was referred; or ( d ) make an order transferring or granting any licence or other right in or under the application and give directions to any person for carrying out the provisions of any such order. (3) Where a question is referred to the Registrar under subsection (1)( a ) and — ( a ) the Registrar orders an application for a patent for the invention to which the question relates to be so amended; ( b ) any such application is refused under subsection (2)( c ) before the Registrar has disposed of the reference (whether the reference was made before or after the publication of the application); or ( c ) any such application is refused under any other provision of this Act or is withdrawn before the Registrar has disposed of the reference, but after the publication of the application, the Registrar may order that any person by whom the reference was made may within the prescribed period make a new application for a patent for the whole or part of any matter comprised in the earlier application or (as the case may be) for all or any of the matter excluded from the earlier application, subject in either case to section 84, and in either case that, if such a new application is made, it is treated as having been filed on the date of filing the earlier application. (4) Where a person refers a question under subsection (1)( b ) relating to an application, any order under subsection (1) may contain directions to any person for transferring or granting any right in or under the application. (5) If any person to whom directions have been given under subsection (2)( d ) or (4) fails to do anything necessary for carrying out any such directions within 14 days after the date of the directions, the Registrar may, on application made to the Registrar by any person in whose favour or on whose reference the directions were given, authorise him, her or it to do that thing on behalf of the person to whom the directions were given. (6) Where on a reference under this section it is alleged that, by virtue of any transaction, instrument or event relating to an invention or an application for a patent, any person other than the inventor or the applicant for the patent has become entitled to be granted (either alone or with any other persons) a patent for the invention or has or would have any right in or under any patent so granted or any application for any such patent, an order must not be made under subsection (2)( a ), ( b ) or ( d ) on the reference unless notice of the reference is given to the applicant and any such person, except any of them who is a party to the reference. [23/2019] (7) If it appears to the Registrar on a reference of a question under this section that the question involves a matter which would be more conveniently dealt with by the court, the Registrar may decline to deal with it and, without prejudice to the court’s jurisdiction to determine any such question and make a declaration, the court has jurisdiction to do so. [23/2019] (8) No direction may be given under this section so as to affect the mutual rights or obligations of trustees or of the personal representatives of deceased persons, or their rights or obligations as such.


document_id: pa-1994
provision_ref: s21
chapter: PART 4 - RIGHT TO APPLY FOR AND OBTAIN PATENT
section: 21
title: Determination after grant of questions referred before grant
content:
21. If a question with respect to a patent or application is referred by any person to the Registrar under section 20, and is not determined before the time when the application is first in order for a grant of a patent pursuant to the application, that fact does not prevent the grant of a patent, but on its grant that person is treated as having referred to the Registrar under section 47 any question mentioned in that section which the Registrar thinks appropriate.


document_id: pa-1994
provision_ref: s22
chapter: PART 4 - RIGHT TO APPLY FOR AND OBTAIN PATENT
section: 22
title: Handling of application by joint applicants
content:
22. If any dispute arises between joint applicants for a patent whether or in what manner the application should be proceeded with, the Registrar may, on a request made by any of the parties, give such directions as the Registrar thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it must be proceeded with, or for both those purposes, as the case may require.


document_id: pa-1994
provision_ref: s23
chapter: PART 4 - RIGHT TO APPLY FOR AND OBTAIN PATENT
section: 23
title: Effect of transfer of application under section 20 or 22
content:
23. —(1) Where an order is made or directions are given under section 20 or 22 that an application for a patent must proceed in the name of one or some of the original applicants (whether or not it is also to proceed in the name of some other person), any licences or other rights in or under the application, subject to the provisions of the order and any directions under either of those sections, continue in force and are treated as granted by the persons in whose name the application is to proceed. (2) Where an order is made or directions are given under section 20 that an application for a patent must proceed in the name of one or more persons none of whom was an original applicant (on the ground that the original applicant or applicants was or were not entitled to be granted the patent), any licences or other rights in or under the application, subject to the provisions of the order and any directions under that section and subject to subsection (3), lapse on the registration of the person or those persons as the applicant or applicants or, where the application has not been published, on the making of the order. (3) If before registration of a reference under section 20 resulting in the making of any order mentioned in subsection (2) — ( a ) the original applicant or any of the applicants, acting in good faith, worked the invention in question in Singapore or made effective and serious preparations to do so; or ( b ) a licensee of the applicant, acting in good faith, worked the invention in Singapore or made effective and serious preparations to do so, that or those original applicant or applicants or the licensee, on making a request within the prescribed period to the person in whose name the application is to proceed, are entitled to be granted a licence (but not an exclusive licence) to continue working or (as the case may be) to work the invention. (4) Any such licence must be granted for a reasonable period and on reasonable terms. (5) Where an order is made as mentioned in subsection (2), the person in whose name the application is to proceed or any person claiming that he, she or it is entitled to be granted any such licence may refer to the Registrar the question whether the latter is so entitled and whether any such period is or terms are reasonable. (6) The Registrar must determine the question under subsection (5) and may, if the Registrar considers it appropriate, order the grant of such a licence.


document_id: pa-1994
provision_ref: s24
chapter: PART 4 - RIGHT TO APPLY FOR AND OBTAIN PATENT
section: 24
title: Mention of inventor
content:
24. —(1) The inventor or joint inventors of an invention have a right to be mentioned as such in any patent granted for the invention and also have a right to be so mentioned if possible in any published application for a patent for the invention and, if not so mentioned, a right to be so mentioned in accordance with the rules in a prescribed document. (2) Unless an applicant for a patent has already given the Registry the information mentioned in this subsection, the applicant for a patent must, within the prescribed period, file with the Registry a statement — ( a ) identifying the person or persons whom the applicant believes to be the inventor or inventors; and ( b ) where the applicant is not the sole inventor or the applicants are not the joint inventors, indicating the derivation of the applicant’s or the applicants’ right to be granted the patent, and, if the applicant fails to do so, the application is treated as having been abandoned. (3) Where a person has been mentioned as a sole or joint inventor under this section, any other person who alleges that the former ought not to have been mentioned may at any time apply to the Registrar for a certificate to that effect, and the Registrar may issue such a certificate.


document_id: pa-1994
provision_ref: s25
chapter: PART 5 - APPLICATIONS FOR PATENTS
section: 25
title: Making of application
content:
25. —(1) Every application for a patent — ( a ) must be made in the prescribed form and must be filed at the Registry in the manner prescribed in the rules made under section 115 and specified in the practice directions issued by the Registrar; and [Act 7 of 2022 wef 26/05/2022] ( b ) must be accompanied by the fee prescribed for the purposes of this subsection. (2) Where an application is not accompanied by the fee mentioned in subsection (1)( b ), the fee must be paid within the prescribed period. (3) Every application for a patent must contain — ( a ) a request for the grant of a patent; ( b ) a specification containing a description of the invention, a claim or claims and any drawing referred to in the description or any claim; and ( c ) an abstract, but this subsection does not prevent an application being initiated by documents complying with section 26(1). (4) The specification of an application must disclose the invention in a manner which is clear and complete for the invention to be performed by a person skilled in the art. (5) The claim or claims must — ( a ) define the matter for which the applicant seeks protection; ( b ) be clear and concise; ( c ) be supported by the description; and ( d ) relate to one invention or to a group of inventions which are so linked as to form a single inventive concept. (6) Without limiting subsection (5)( d ), the rules may provide for treating 2 or more inventions as being so linked as to form a single inventive concept for the purposes of this Act. (7) The purpose of the abstract is to give technical information and on publication it does not form part of the state of the art by virtue of section 14(3), and the Registrar may determine whether the abstract adequately fulfils its purpose and, if it does not, may reframe it so that it does. (8) Subject to subsection (9), an application for a patent may be withdrawn at any time before the patent is granted and any withdrawal of such an application may not be revoked. [15/2012] (9) A request to withdraw an application for a patent must be made in such manner as may be prescribed. [15/2012]


document_id: pa-1994
provision_ref: s26
chapter: PART 5 - APPLICATIONS FOR PATENTS
section: 26
title: Date of filing application
content:
26. —(1) Subject to the provisions of this Act, the date of filing an application for a patent is taken to be the earliest date on which the documents filed at the Registry to initiate the application satisfy the following conditions: ( a ) the documents indicate that a patent is sought; ( b ) the documents identify the applicant for the patent; and ( c ) the documents contain — (i) something which is or appears to be a description of the invention for which the patent is sought; or (ii) where a declaration under section 17(2) is made in or in connection with the application — (A) a reference to an earlier relevant application specified in the declaration; (B) such information on the earlier relevant application as may be prescribed; and (C) a statement that the description of the invention for which the patent is sought is incorporated in the application by reference to, and is completely contained in, the earlier relevant application, as filed. [2/2007] (2) For the purposes of subsection (1)( c )(i), it is immaterial whether — ( a ) the thing is in, or is accompanied by a translation into, a language accepted by the Registry in accordance with the rules; or ( b ) the thing otherwise complies with the other provisions of this Act and with any relevant rules. [2/2007] (3) Where the Registrar determines that the documents filed at the Registry to initiate an application for a patent do not satisfy all of the conditions in subsection (1)( a ), ( b ) and ( c )(i) or (ii) — ( a ) the Registrar must, as soon as practicable after the filing of those documents, notify the applicant of what else must be filed in order for the application to have a date of filing; and ( b ) the applicant must, within such period as may be prescribed, do either or both of the following: (i) make observations on the Registrar’s determination; (ii) file every document which must be filed in order for the application to have a date of filing. [2/2007] (4) Where subsection (3) applies, if the applicant fails to file every document which must be filed in order for the application to have a date of filing before the end of the period prescribed under subsection (3)( b ), the application is treated as having been abandoned. [2/2007] (5) Subsection (4) does not apply if — ( a ) the applicant makes observations as mentioned in subsection (3)( b )(i) before the end of the period prescribed under subsection (3)( b ); and ( b ) as a result of the observations, the Registrar is satisfied that the documents filed at the Registry to initiate the application satisfy all of the conditions in subsection (1)( a ), ( b ) and ( c )(i) or (ii). [2/2007] (6) Where the documents filed at the Registry to initiate an application for a patent satisfy all of the conditions in subsection (1)( a ), ( b ) and ( c )(i) or (ii), the Registrar must, as soon as practicable after the filing of the last of those documents, notify the applicant of the date of filing of the application. [2/2007] (7) Where an application for a patent has a date of filing under subsection (1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in subsection (1)( a ), ( b ) and ( c )(ii), the applicant must, within such period as may be prescribed, file at the Registry — ( a ) a written notice confirming that the description of the invention for which the patent is sought is incorporated in the application by reference to the earlier relevant application referred to in subsection (1)( c )(ii)(C); ( b ) the description of the invention for which the patent is sought; and ( c ) such other documents as may be prescribed. [2/2007] (7A) Subsection (7)( c ) does not apply in prescribed circumstances. [Act 7 of 2022 wef 26/05/2022] (8) If an application for a patent has a date of filing by virtue of subsection (1), the applicant files at the Registry any missing part of the application within such period and in such manner as may be prescribed, and the applicant does not withdraw that missing part before the end of that period, then — ( a ) that missing part is treated as included in the application; and ( b ) the date of filing of the application is the date on which that missing part is filed at the Registry. [2/2007] (9) Subsection (8)( b ) does not apply if — ( a ) on or before the date which is the date of filing of the application for a patent by virtue of subsection (1), a declaration is made under section 17(2), in or in connection with the application, specifying an earlier relevant application; and ( b ) within such period as may be prescribed, the applicant — (i) makes a request to the Registrar for subsection (8)( b ) not to apply to the application; (ii) files a statement that the missing part referred to in subsection (8) is incorporated in the application by reference to, and is completely contained in, the earlier relevant application, as filed; (iii) furnishes such information on the earlier relevant application as may be prescribed; and (iv) except in prescribed circumstances, files such other documents as may be prescribed. [2/2007] [Act 7 of 2022 wef 26/05/2022] (10) Subsections (8) and (9) do not affect the power of the Registrar under section 107(1) to correct an error or a mistake. [2/2007] (11) Where, after an application for a patent has been filed, but before the applicant satisfies the condition under section 30( c ), or the application is refused, withdrawn, treated as or taken to be withdrawn, or treated as abandoned or as having been abandoned — ( a ) a new application is filed by the original applicant or the original applicant’s successor in title in accordance with the rules in respect of any part of the matter contained in the earlier application; and ( b ) the conditions in subsection (1)( a ), ( b ) and ( c )(i) or (ii) are satisfied in relation to the new application (without the new application contravening section 84), the new application is treated as having, as its date of filing, the date of filing of the earlier application. [2/2007; 15/2012] (12) Where an application has a date of filing by virtue of this section, the application is treated as having been abandoned unless — ( a ) the applicant files at the Registry, before the end of such period as may be prescribed, one or more claims for the purposes of the application; ( b ) the applicant pays the filing fee under section 25(1)( b ) before the end of the period prescribed under section 25(2); and ( c ) where the application has a date of filing under subsection (1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in subsection (1)( a ), ( b ) and ( c )(ii), the applicant files at the Registry the documents referred to in subsection (7)( a ), ( b ) and ( c ) before the end of the period prescribed under subsection (7). [2/2007] (13) In this section, “relevant application” has the meaning given by section 17(9). [2/2007]


document_id: pa-1994
provision_ref: s27
chapter: PART 5 - APPLICATIONS FOR PATENTS
section: 27
title: Publication of application
content:
27. —(1) Subject to section 33, where an application has a date of filing, then, as soon as possible after the end of the prescribed period, the Registrar must, unless the application is withdrawn in the prescribed manner, treated as having been abandoned or refused before preparations for its publication have been completed by the Registry, publish it as filed (including not only the original claims but also any amendment of those claims and new claims subsisting immediately before the completion of those preparations). (2) The Registrar may, if so requested by the applicant, publish the application as mentioned in subsection (1) during the prescribed period, and in either event must publish the fact and date of its publication in the journal. (3) The Registrar may omit from the specification of a published application for a patent any matter — ( a ) which in the Registrar’s opinion disparages any person in a way likely to damage the person; or ( b ) the publication or exploitation of which would in the Registrar’s opinion be generally expected to encourage offensive, immoral or anti-social behaviour.


document_id: pa-1994
provision_ref: s28
chapter: PART 6 - PROCEDURE FOR GRANT OF PATENT
section: 28
title: Preliminary examination
content:
28. —(1) The Registrar must conduct a preliminary examination of an application for a patent if — ( a ) the application has a date of filing; ( b ) the application has not been withdrawn or treated as abandoned; ( c ) the filing fee under section 25(1)( b ) has been paid; ( d ) one or more claims for the purposes of the application have been filed under section 26(12)( a ); and ( e ) where the application has a date of filing under section 26(1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in section 26(1)( a ), ( b ) and ( c )(ii), the documents referred to in section 26(7)( a ), ( b ) and ( c ) (where applicable) have been filed at the Registry. [2/2007] [Act 7 of 2022 wef 26/05/2022] (2) If, after the Registrar has conducted a preliminary examination of an application for a patent under subsection (1), the applicant files at the Registry, and does not withdraw, any missing part of the application in accordance with section 26(8), then the Registrar must conduct another preliminary examination of the application, with the missing part treated as included in the application. [2/2007] (3) On a preliminary examination of an application, the Registrar must determine — ( a ) whether the application complies with all the formal requirements; and ( b ) whether — (i) any drawing referred to in the application; or (ii) any part of the description of the invention for which the patent is sought, is missing from the application. [2/2007] (4) If the Registrar determines under subsection (3)( a ) that not all the formal requirements have been complied with, then the Registrar must notify the applicant accordingly, and the applicant must, within the prescribed period — ( a ) make observations on the Registrar’s determination; and ( b ) subject to section 84, amend the application in the prescribed manner, so as to comply with all the formal requirements. [15/2012] (5) Where subsection (4) applies, the Registrar may refuse the application if the applicant fails to amend the application as mentioned in paragraph ( b ) of that subsection before the end of the prescribed period under that subsection. [2/2007; 15/2012] (6) Subsection (5) does not apply if — ( a ) the applicant makes observations as mentioned in subsection (4)( a ) before the end of the prescribed period under subsection (4); and ( b ) as a result of the observations, the Registrar is satisfied that all the formal requirements have been complied with. [2/2007; 15/2012] (7) If the Registrar determines under subsection (3)( b ) that a drawing or part of the description of the invention is missing from the application, then the Registrar must notify the applicant accordingly. [2/2007] (8) Where subsection (7) applies, if the applicant files the drawing or part of the description of the invention that is missing from the application within such period and in such manner as may be prescribed, and the applicant does not withdraw that drawing or part of the description of the invention before the end of that period, then — ( a ) that drawing or part of the description of the invention is treated as included in the application; and ( b ) the date of filing of the application is the date on which that drawing or part of the description of the invention is filed at the Registry. [2/2007] (9) Subsection (8)( b ) does not apply if — ( a ) on or before the date which is the date of filing of the application by virtue of section 26(1), a declaration is made under section 17(2), in or in connection with the application, specifying an earlier relevant application; and ( b ) within such period as may be prescribed, the applicant — (i) makes a request to the Registrar for subsection (8)( b ) not to apply to the application; (ii) files a statement that the drawing or part of the description of the invention mentioned in subsection (8) is incorporated in the application by reference to, and is completely contained in, the earlier relevant application, as filed; (iii) furnishes such information on the earlier relevant application as may be prescribed; and (iv) except in prescribed circumstances, files such other documents as may be prescribed. [2/2007] [Act 7 of 2022 wef 26/05/2022] (10) In subsection (9), “relevant application” has the meaning given by section 17(9). [2/2007] (11) Where an application for a patent complies with all the formal requirements under this section within the prescribed period, the Registrar must send a notification to the applicant. [15/2012]


document_id: pa-1994
provision_ref: s29
chapter: PART 6 - PROCEDURE FOR GRANT OF PATENT
section: 29
title: Search and examination
content:
29. —(1) The applicant in an application for a patent (called in this subsection the application in suit) must comply with one of the following paragraphs within the period prescribed for that paragraph: ( a ) except in prescribed circumstances, file a request in the prescribed form for a search report; [Act 7 of 2022 wef 26/05/2022] ( b ) file a request in the prescribed form for a search and examination report; ( c ) file a request in the prescribed form for an examination report and (except in prescribed circumstances) the prescribed documents, where the applicant relies on the final results of — (i) a search in one corresponding application, corresponding international application or related national phase application; or (ii) a search during the international phase of the application in suit (if the application in suit is an international application for a patent (Singapore) that has entered the national phase in Singapore under section 86(3)); [Act 7 of 2022 wef 26/05/2022] ( d ) subject to subsection (12), file the prescribed documents and a request in the prescribed form for a supplementary examination report, where — (i) the applicant relies on the final results of — (A) any search and examination as to the substance of one corresponding application, corresponding international application or related national phase application; or (B) any search and examination as to the substance of the application in suit during its international phase (if the application in suit is an international application for a patent (Singapore) that has entered the national phase in Singapore under section 86(3)); (ii) each claim in the application in suit is related to at least one claim in that corresponding application, corresponding international application or related national phase application, or in the application in suit during its international phase, as the case may be; and (iii) according to those results, each claim in the application in suit appears to satisfy the criteria of novelty, inventive step (or non-obviousness) and industrial applicability (or utility). [15/2012; 18/2017] (2) Where the applicant has complied with subsection (1)( a ), the Registrar must — ( a ) cause the application to be subjected to a search by an Examiner; and ( b ) upon receiving the search report prepared by the Examiner, send the applicant a copy of that report. [15/2012] (3) Upon receiving the search report under subsection (2)( b ) from the Registrar, the applicant must, within the prescribed period, file a request in the prescribed form for an examination report. [15/2012] (4) Where the applicant has complied with subsection (1)( c ) or (3), the Registrar must — ( a ) cause the application to be subjected to an examination by an Examiner; and ( b ) upon receiving the examination report prepared by the Examiner, send the applicant a copy of that report. [15/2012] (5) Where the applicant has complied with subsection (1)( b ), the Registrar must — ( a ) cause the application to be subjected to — (i) a search by an Examiner; and (ii) an examination by an Examiner; and ( b ) upon receiving the search and examination report prepared by the Examiner, send the applicant a copy of that report. [15/2012] (6) Where the applicant has complied with subsection (1)( d ), the Registrar must — ( a ) cause the application to be subjected to a supplementary examination by an Examiner; and ( b ) upon receiving the supplementary examination report prepared by the Examiner, send the applicant a copy of that report. [15/2012] (7) If it appears to an Examiner during the examination of an application under subsection (4) or (5) that one or more of the matters prescribed for the purposes of this subsection apply, the Examiner must give the applicant at least one written opinion to that effect, and the Registrar must, upon receiving the written opinion, send the applicant a copy of the written opinion. [15/2012] (7A) The Examiner in subsection (7) may, instead of giving the applicant a written opinion concerning a matter mentioned in that subsection, ask the Registrar to give a notice to the applicant inviting the applicant to amend the application (called in this section an invitation to amend), if the Examiner is of the opinion that the matter can be resolved by this means and without a written opinion and a formal response to it. [Act 7 of 2022 wef 26/05/2022] (7B) The Examiner may also ask the Registrar to give to the applicant an invitation to amend after reviewing a response by the applicant under subsection (9)( a ) or an amendment by the applicant under subsection (9)( b ) to the application. [Act 7 of 2022 wef 26/05/2022] (7C) An applicant may, within the prescribed period, respond to an invitation to amend by — ( a ) amending, in the prescribed manner (but subject to section 84), the specification of the application in accordance with the prescribed conditions; or ( b ) rejecting the invitation to amend (with or without an explanation) in the prescribed manner. [Act 7 of 2022 wef 26/05/2022] (7D) The applicant need not respond to the invitation to amend if the applicant withdraws under subsection (10) the request under subsection (1)( c ) or (3) for the examination report or the request under subsection (1)( b ) for the search and examination report, and may not so respond after the examination report or search and examination report is issued under subsection (4) or (5). [Act 7 of 2022 wef 26/05/2022] (7E) The giving of an invitation to amend to the applicant does not affect the power of the Examiner under subsection (7) to give to the applicant a written opinion, or another written opinion, but the Examiner may not do so until after the applicant responds to the invitation to amend in accordance with subsection (7C) or after the expiry of the prescribed period mentioned in subsection (7C), whichever is earlier. [Act 7 of 2022 wef 26/05/2022] (8) If it appears to an Examiner during the supplementary examination of an application under subsection (6) that one or more of the matters prescribed for the purposes of this subsection apply, the Examiner must give the applicant one written opinion to that effect, and the Registrar must, upon receiving the written opinion, send the applicant a copy of the written opinion. [15/2012] (9) Unless the request under subsection (1)( b ), ( c ) or ( d ) or (3) for the examination report, search and examination report or supplementary examination report is withdrawn under subsection (10) or (11), the applicant must, after receipt of a copy of a written opinion and before the examination report, search and examination report or supplementary examination report is issued under subsection (4), (5) or (6), as the case may be — ( a ) respond in the prescribed manner, within the prescribed period, to the written opinion under subsection (7) or (8), as the case may be; and ( b ) subject to section 84, amend in the prescribed manner, within the prescribed period, the specification of the application in accordance with the prescribed conditions. [15/2012; 18/2017] [Act 7 of 2022 wef 26/05/2022] (10) Despite subsection (1), where an applicant has filed a request for an examination report under subsection (1)( c ) or (3), or a request for a search and examination report under subsection (1)( b ), the applicant may — ( a ) withdraw that request — (i) in any case where an Examiner has given a written opinion under subsection (7), and the applicant has not responded to the written opinion — at any time before the expiry of the prescribed period mentioned in subsection (9)( a ); [Act 7 of 2022 wef 26/05/2022] (i a ) in any case where the Registrar has given an invitation to amend under subsection (7A) or (7B), and the applicant has not responded to the invitation to amend — at any time before the expiry of the prescribed period mentioned in subsection (7C); or [Act 7 of 2022 wef 26/05/2022] (ii) in any other case — at any time before the examination report or search and examination report is issued under subsection (4) or (5); and ( b ) subject to subsection (12), file a request for a supplementary examination report under subsection (1)( d ) within the prescribed period for that request. [18/2017] (11) Despite subsection (1), where an applicant has filed a request for a supplementary examination report under subsection (1)( d ), the applicant may — ( a ) withdraw that request — (i) in any case where an Examiner has given a written opinion under subsection (8), and the applicant has not responded to the written opinion — at any time before the expiry of the prescribed period mentioned in subsection (9)( a ); or (ii) in any other case — at any time before the supplementary examination report is issued under subsection (6); and ( b ) file a request for a search and examination report under subsection (1)( b ) or a request for an examination report under subsection (1)( c ) or (3) within the prescribed period for that request. [18/2017] (12) Subsections (1)( d ) and (10)( b ) do not apply unless — ( a ) in any case where the application in suit is a new application mentioned in section 20(3), 26(11) or 47(4) — the actual date of filing of the application in suit is before the prescribed date; or ( b ) in any other case — the date of filing of the application in suit is before the prescribed date. [18/2017] (13) The application is treated as abandoned — ( a ) subject to subsection (14), if the applicant fails to do one of the following: (i) comply with paragraph ( b ), ( c ) or ( d ) of subsection (1) within the period prescribed under that subsection for that paragraph; (ii) where subsection (3) applies, comply with that subsection; ( b ) where subsection (10) applies, if the applicant fails to file a request for a supplementary examination report under subsection (1)( d ) within the prescribed period mentioned in subsection (10)( b ); or ( c ) where subsection (11) applies, if the applicant fails to file a request for a search and examination report under subsection (1)( b ) or a request for an examination report under subsection (1)( c ) or (3) within the prescribed period mentioned in subsection (11)( b ). [15/2012; 18/2017] (14) Where — ( a ) after receiving the search report under subsection (2)( b ) from the Registrar, the applicant does not file a request for an examination report under subsection (3) within the prescribed period mentioned in that subsection; and ( b ) the time prescribed for filing a request for an extension of the prescribed period mentioned in subsection (3) expires before, or within 3 months after, 30 October 2017, the application is treated as abandoned if the applicant fails to file the request for an examination report under subsection (3) within 6 months after that date. [18/2017] (15) In this section, “actual date of filing”, in relation to an application in suit that is a new application mentioned in section 20(3), 26(11) or 47(4), means the actual date of filing of the new application, and not the date of filing of the earlier application mentioned in section 20(3) or 26(11) or of the application for the patent to which the reference relates mentioned in section 47(4), as the case may be. [18/2017]


document_id: pa-1994
provision_ref: s29A
chapter: PART 6 - PROCEDURE FOR GRANT OF PATENT
section: 29A
title: Eligibility for grant of patent, etc.
content:
29A. —(1) Where an examination report issued under section 29(4), a search and examination report issued under section 29(5) or a supplementary examination report issued under section 29(6) does not contain any unresolved objection, the Registrar must issue to the applicant a notice of eligibility to proceed to the grant of a patent. [15/2012] (2) Where the Registrar has issued to the applicant a notice under subsection (1) — ( a ) the applicant must satisfy the conditions under section 30( a ) and ( c ) within the prescribed period; and ( b ) if the applicant fails to comply with paragraph ( a ), the application is treated as abandoned. [15/2012] (3) Where an examination report issued under section 29(4), a search and examination report issued under section 29(5) or a supplementary examination report issued under section 29(6) contains one or more unresolved objections, the Registrar must issue to the applicant a notice of intention to refuse the application for a patent. [15/2012] (4) Where the Registrar has issued to the applicant a notice under subsection (3) — ( a ) the applicant may, within the prescribed period, apply for a review of the examination report, search and examination report or supplementary examination report, as the case may be, in accordance with section 29B(1); and ( b ) if the applicant fails to apply for the review under paragraph ( a ), the application for a patent must be refused. [15/2012]


document_id: pa-1994
provision_ref: s29B
chapter: PART 6 - PROCEDURE FOR GRANT OF PATENT
section: 29B
title: Review of examination report, etc.
content:
29B. —(1) A request for a review of an examination report issued under section 29(4), a search and examination report issued under section 29(5) or a supplementary examination report issued under section 29(6) must be made by filing — ( a ) the prescribed form for the request within the prescribed period; and ( b ) written submissions to overcome the unresolved objections in the examination report, search and examination report or supplementary examination report, as the case may be. [15/2012] (2) At the time the request under subsection (1) is made, the applicant may, subject to section 84, amend in the prescribed manner the specification of the application to overcome one or more unresolved objections in the examination report, search and examination report or supplementary examination report, as the case may be. [15/2012] (3) Upon completing the review of the examination report, search and examination report or supplementary examination report, as the case may be, the Examiner must prepare an examination review report. [15/2012] (4) Subject to subsection (4A), the examination review report must specify — ( a ) whether the Examiner agrees or disagrees with the examination report, search and examination report or supplementary examination report, as the case may be; ( b ) where the applicant has amended the specification of the application under subsection (2), whether each unresolved objection in the examination report, search and examination report or supplementary examination report (as the case may be) has been overcome in the amended specification; and ( c ) the reasons for the Examiner’s decision under paragraph ( a ) and, where applicable, paragraph ( b ). [15/2012] [Act 7 of 2022 wef 26/05/2022] (4A) The examination review report need not specify whether the Examiner agrees or disagrees with the examination report, search and examination report or supplementary examination report (as the case may be) if the applicant had amended the specification of the application for the purpose of overcoming all unresolved objections in the report. [Act 7 of 2022 wef 26/05/2022] (5) Upon receiving the examination review report, the Registrar must send the applicant — ( a ) a copy of that report; and ( b ) either — (i) a notice of eligibility to proceed to the grant of a patent, if the Registrar is satisfied by that report that there is no unresolved objection; or (ii) a notice of refusal of the application for a patent, if the Registrar is satisfied by that report that there are one or more unresolved objections. [15/2012] (6) Where the Registrar has issued to the applicant a notice under subsection (5)( b )(i) — ( a ) the applicant must satisfy the conditions under section 30( a ) and ( c ) within the prescribed period; and ( b ) if the applicant fails to comply with paragraph ( a ), the application is treated as abandoned. [4/2014] (7) Where the Registrar has sent the applicant a notice under subsection (5)( b )(ii), the refusal of the application for a patent takes effect upon the expiry of the prescribed period. [15/2012]


document_id: pa-1994
provision_ref: s30
chapter: PART 6 - PROCEDURE FOR GRANT OF PATENT
section: 30
title: Grant of patent
content:
30. The Registrar must grant the applicant a patent if all of the following conditions have been satisfied: ( a ) all the formal requirements have been complied with; ( b ) the applicant has received a notice of eligibility to proceed to the grant of a patent under section 29A(1) or 29B(5)( b )(i); ( c ) the prescribed documents for the grant of the patent have been filed. [15/2012]


document_id: pa-1994
provision_ref: s31
chapter: PART 6 - PROCEDURE FOR GRANT OF PATENT
section: 31
title: General power to amend application before grant
content:
31. —(1) Subject to subsections (2), (3) and (4), the applicant may, of the applicant’s own volition or otherwise, amend the application or the specification thereof. [15/2012] (2) The applicant is not entitled to amend the application or specification unless — ( a ) the applicant has made a request to do so to the Registrar — (i) in the prescribed manner; and (ii) within the prescribed period; and ( b ) the request is accompanied by the prescribed documents. [15/2012] (3) The applicant may only amend the application or specification in accordance with the prescribed conditions and subject to section 84. [15/2012] (4) If the applicant fails to comply with any requirement under subsection (2) or (3), the Registrar must — ( a ) refuse the applicant’s request to amend the application or specification; and ( b ) inform the applicant of the refusal. [15/2012]


document_id: pa-1994
provision_ref: s32
chapter: PART 6 - PROCEDURE FOR GRANT OF PATENT
section: 32
title: Observations by third party on patentability
content:
32. —(1) Where an application for a patent has been published, any other person may make observations in writing to the Registrar on the question whether the invention is a patentable invention, stating reasons for the observations, and the Registrar must, subject to subsection (2), consider the observations in accordance with the rules. [23/2019] (2) The observations must be received by the Registrar before the Registrar sends to the applicant in the application for the patent — ( a ) a copy of an examination report under section 29(4); ( b ) a copy of a search and examination report under section 29(5); or ( c ) a copy of a supplementary examination report under section 29(6). [23/2019] (3) A person does not become a party to any proceedings under this Act before the Registrar by reason only that the person makes observations under this section. [23/2019]


document_id: pa-1994
provision_ref: s33
chapter: PART 6 - PROCEDURE FOR GRANT OF PATENT
section: 33
title: Information prejudicial to defence of Singapore or safety of public
content:
33. —(1) Where an application for a patent is filed in the Registry (whether under this Act or any treaty or international convention to which Singapore is a party) and it appears to the Registrar that the application contains information of a description notified to the Registrar by the Minister as being information the publication of which might be prejudicial to the defence of Singapore, the Registrar must give directions prohibiting or restricting the publication of that information or its communication to any specified person or description of persons. (2) If it appears to the Registrar that any application so filed contains information the publication of which might be prejudicial to the safety of the public, the Registrar may give directions prohibiting or restricting the publication of that information or its communication to any specified person or description of persons until the end of a period not exceeding 3 months from the end of a period prescribed for the purposes of section 27. (3) While directions are in force under this section with respect to an application — ( a ) if the application is made under this Act, it will be held in abeyance after the formal requirements of this Act and the rules have been met and will not proceed to be processed in accordance with section 29 until the directions are revoked under subsection (4)( e ); and ( b ) if it is an international application for a patent, a copy of it must not be sent to the International Bureau or any international searching authority appointed under the Patent Co‑operation Treaty. (4) Where the Registrar gives directions under this section with respect to any application, the Registrar must give notice of the application and of the directions to the Minister, and the following provisions must then have effect: ( a ) the Minister must, on receipt of the notice, consider whether the publication of the application or the publication or communication of the information in question would be prejudicial to the defence of Singapore or the safety of the public; ( b ) if the Minister determines under paragraph ( a ) that the publication or communication of that information would be prejudicial to the safety of the public, the Minister must notify the Registrar who must continue the Registrar’s directions under subsection (2) until they are revoked under paragraph ( e ); ( c ) if the Minister determines under paragraph ( a ) that the publication of the application or the publication or communication of that information would be prejudicial to the defence of Singapore or the safety of the public, the Minister must (unless a notice under paragraph ( d ) has previously been given by the Minister to the Registrar) reconsider that question during the period of 9 months from the date of filing the application and at least once in every subsequent period of 12 months; ( d ) if on consideration of an application at any time it appears to the Minister that the publication of the application or the publication or communication of the information contained in it would not, or would no longer, be prejudicial to the defence of Singapore or the safety of the public, the Minister must give notice to the Registrar to that effect; and ( e ) on receipt of such a notice the Registrar must revoke the directions and may, subject to such conditions (if any) as the Registrar thinks fit, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application, whether or not that time has previously expired. (5) The Minister may at any time, for the purpose of enabling the Minister to decide the question referred to in subsection (4)( c ), do one or both of the following, that is to say, inspect or authorise any person to inspect the application and any document sent to the Registrar in connection with it and where a person is authorised to carry out such inspection, the person must as soon as practicable report on the person’s inspection to the Minister. (6) Where directions given under this section in respect of an application for a patent for an invention are revoked, and the application is brought in order for the grant of a patent and a patent is granted for the invention, then — ( a ) if while the directions are in force the invention is worked by (or with the written authorisation of or to the order of) a Government department, the provisions of Part 12 apply as if — (i) the working were use made by section 56; (ii) the application had been published at the end of the prescribed period or at the time the directions were revoked, whichever is earlier; and (iii) a patent had been granted for the invention at the time the application is brought in order for the grant of a patent (taking the terms of the patent to be those of the application as it stood at the time it was so brought in order); and ( b ) if it appears to the Minister that the applicant for the patent has suffered hardship while the directions were in force, the Minister may make such payment (if any) by way of compensation to the applicant as appears to the Minister to be reasonable having regard to the inventive merit and utility of the invention, the purpose for which it is designed and any other relevant circumstances. (7) Where a patent is granted pursuant to an application in respect of which directions have been given under this section, no renewal fees are payable in respect of any period during which those directions were in force. (8) Any person who fails to comply with any direction under this section 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. (9) Nothing in this section prevents the disclosure of information concerning an invention to a Government department or authority for the purpose of obtaining advice as to whether directions under this section with respect to an application for a patent for that invention should be made, amended or revoked.


document_id: pa-1994
provision_ref: s34
chapter: PART 6 - PROCEDURE FOR GRANT OF PATENT
section: 34
title: Restrictions on applications abroad by Singapore residents
content:
34. —(1) Subject to this section, no person resident in Singapore may, without written authority granted by the Registrar, file or cause to be filed outside Singapore an application for a patent for an invention unless — ( a ) an application for a patent for the same invention has been filed in the Registry at least 2 months before the application outside Singapore; and ( b ) no directions have been given under section 33 in relation to the application in Singapore or all such directions have been revoked. (2) Subsection (1) does not apply to an application for a patent for an invention for which an application for a patent has first been filed in a country outside Singapore by a person resident outside Singapore. (3) Any person who files or causes to be filed an application for the grant of a patent in contravention of this section 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. (4) In this section — ( a ) any reference to an application for a patent includes a reference to an application for other protection for an invention; ( b ) any reference to either kind of application is a reference to an application under this Act, under the law of any country other than Singapore or under any treaty or international convention to which Singapore is a party; and ( c ) “person resident in Singapore” includes a person who, at the material time, is residing in Singapore by virtue of a valid pass lawfully issued to the person under the Immigration Act 1959 to enter and remain in Singapore for any purpose.


document_id: pa-1994
provision_ref: s35
chapter: PART 7 - PROVISIONS AS TO PATENTS AFTER GRANT
section: 35
title: Publication and certificate of grant
content:
35. —(1) As soon as practicable after a patent has been granted under this Act, the Registrar must — ( a ) send to the proprietor of the patent a certificate in the prescribed form that the patent has been granted to the proprietor; and ( b ) publish in the journal a notice that the patent has been granted. (2) The Registrar must, at the same time as the Registrar publishes a notice under subsection (1)( b ) in relation to a patent, publish the specification of the patent, the names of the proprietor and (if different) the inventor and any other matters constituting or relating to the patent which in the Registrar’s opinion it is desirable to publish. [15/2012]


document_id: pa-1994
provision_ref: s36
chapter: PART 7 - PROVISIONS AS TO PATENTS AFTER GRANT
section: 36
title: Term of patent
content:
36. —(1) A patent granted under this Act is treated for the purposes of this Act as having been granted, and takes effect, on the date of issue of the certificate of grant and, subject to subsection (2) and section 36A, continues in force until the end of the period of 20 years beginning with the date of filing the application for the patent or with such other date as may be prescribed. (2) A patent ceases to have effect at the end of the prescribed period for the payment of any renewal fee if it is not paid within that period. (3) If, during the prescribed period immediately after the end of the period prescribed for the payment of any renewal fee under subsection (2), the renewal fee and any prescribed additional fee are paid, the patent is treated for the purposes of this Act as if it had never expired, and accordingly — ( a ) anything done under or in relation to it during that further period is valid; ( b ) an act which would constitute an infringement of it if it had not expired constitutes such an infringement; and ( c ) an act which would constitute the use of the patented invention in accordance with section 56 if the patent had not expired constitutes that use. [Act 7 of 2022 wef 26/05/2022] (4) Rules must include provision requiring the Registrar to notify the registered proprietor of a patent that a renewal fee has not been received from the registered proprietor in the Registry before the end of the prescribed period for the payment of any renewal fee under subsection (2) and before the framing of the notification. [Act 7 of 2022 wef 26/05/2022]


document_id: pa-1994
provision_ref: s36A
chapter: PART 7 - PROVISIONS AS TO PATENTS AFTER GRANT
section: 36A
title: Extension of term of patent
content:
36A. —(1) The proprietor of a patent may apply to the Registrar to extend the term of the patent on any of the following grounds: ( a ) that there was an unreasonable delay by the Registrar in granting the patent; ( b ) where the patent was granted on the basis of any prescribed documents referred to in section 29(1)( d ) relating to one corresponding application or related national phase application, that — (i) there was an unreasonable delay in the issue of the corresponding patent or related national phase patent (as the case may be); and (ii) the patent office that granted the corresponding patent or related national phase patent (as the case may be) has extended the term of the corresponding patent or related national phase patent (as the case may be) on the basis of such delay; ( c ) where the subject of the patent includes any substance which is an active ingredient of any pharmaceutical product, that — (i) there was an unreasonable curtailment of the opportunity to exploit the patent caused by the process of obtaining marketing approval for a pharmaceutical product, being the first pharmaceutical product to obtain marketing approval which uses the substance as an active ingredient; and (ii) the term of the patent has not previously been extended on this ground. [15/2012] (2) A delay by the Registrar in granting a patent is not treated as an unreasonable delay under subsection (1)( a ) unless such requirements as may be prescribed are satisfied. [15/2012] (3) Where the proprietor of a patent has made an application under subsection (1)( a ) and has satisfied the Registrar that there was in fact a particular type of unreasonable delay by the Registrar in granting the patent, the Registrar must extend the term of the patent by such period as may be prescribed for that type of unreasonable delay. [15/2012] (4) Where the proprietor of a patent has made an application under subsection (1)( b ) and has satisfied the Registrar of the matters referred to in sub-paragraphs (i) and (ii) of subsection (1)( b ), the Registrar may, if the Registrar thinks fit, extend the term of the patent by such period, not exceeding 5 years, as the Registrar may determine. (5) A curtailment of the opportunity to exploit a patent, the subject of which includes a substance which is an active ingredient of any pharmaceutical product, caused by the process of obtaining marketing approval for a pharmaceutical product, being the first pharmaceutical product to obtain marketing approval which uses the substance as an active ingredient, is not treated as an unreasonable curtailment under subsection (1)( c ) unless such requirements as may be prescribed are satisfied. [15/2012] (6) Subject to subsections (7), (8) and (9), where the proprietor of a patent has made an application under subsection (1)( c ) and has satisfied the Registrar that there was in fact an unreasonable curtailment of the opportunity to exploit the patent under subsection (1)( c ), the Registrar must extend the term of the patent by such period as may be prescribed. [15/2012] (7) The Registrar must not extend the term of the patent under subsection (6) unless the applicant has procured and submitted to the Registrar a certificate from the relevant authority stating such matters as may be prescribed. [15/2012] (8) In determining the period by which to extend the term of the patent under subsection (6), the Registrar must rely on, and is not concerned to inquire into the truth of, the statements contained in the certificate from the relevant authority under subsection (7). (9) Where the term of a patent has been extended under subsection (6), the protection conferred by the patent during the term of the extension applies only to the substance mentioned in subsection (1)( c ). (10) Every application to extend the term of a patent must be — ( a ) made by the proprietor of the patent in the prescribed form within the prescribed period; ( b ) filed in the prescribed manner; and ( c ) accompanied by the prescribed fee and any prescribed documents, and the Registrar may reject any application that fails to comply with any requirement under this subsection. (11) As soon as practicable after the Registrar has extended the term of a patent, the Registrar must — ( a ) send to the proprietor of the patent a certificate of extension of patent term in the prescribed form specifying — (i) the period of the extension; and (ii) any limitation on the protection conferred by the patent during the term of the extension; and ( b ) publish in the journal a notice of the extension. (12) The proprietor of a patent who has made an application under subsection (1) may withdraw the application by informing the Registrar in writing of the withdrawal of the application, and any such withdrawal is not revocable.


document_id: pa-1994
provision_ref: s37
chapter: PART 7 - PROVISIONS AS TO PATENTS AFTER GRANT
section: 37
title: Patent not to be impugned for lack of unity
content:
37. No person may in any proceeding object to a patent or to an amendment of a specification of a patent on the ground that the claims contained in the specification of the patent, as they stand or (as the case may be) as proposed to be amended, relate — ( a ) to more than one invention; or ( b ) to a group of inventions which are not so linked as to form a single inventive concept.


document_id: pa-1994
provision_ref: s38
chapter: PART 7 - PROVISIONS AS TO PATENTS AFTER GRANT
section: 38
title: General power to amend specification after grant
content:
38. —(1) Subject to this section and section 84, the Registrar may, on an application made by the proprietor of a patent, allow the specification of the patent to be amended subject to such conditions, if any, as the Registrar thinks fit. (2) No such amendment is allowed under this section where there are pending before the court or the Registrar proceedings in which the validity of the patent may be put in issue. (3) An amendment of a specification of a patent under this section has effect and is deemed always to have had effect from the grant of the patent. (4) A person may give notice to the Registrar of the person’s opposition to an application under this section by the proprietor of a patent, and if the person does so the Registrar must notify the proprietor and consider the opposition in deciding whether to grant the application.


document_id: pa-1994
provision_ref: s38A
chapter: PART 7 - PROVISIONS AS TO PATENTS AFTER GRANT
section: 38A
title: Re-examination after grant
content:
38A. —(1) Any person may, at any time after a patent is granted, file a request for the Registrar to conduct a re‑examination of the specification of a patent for an invention on any of the following grounds: ( a ) the invention is not a patentable invention; ( b ) the specification does not disclose the invention clearly and completely for it to be performed by a person skilled in the art; ( c ) the matter disclosed in the specification extends beyond that disclosed — (i) in the application for the patent, as filed; or (ii) where the patent was granted on a new application filed under section 20(3) or 47(4) or section 116(6) of the Patents Act (Cap. 221, 1995 Revised Edition), or in accordance with section 26(11), in — (A) the earlier application made under this Act; (B) the application made under the United Kingdom Patents Act 1977; or (C) the application under the European Patent Convention designating the United Kingdom filed at the European Patent Office, as the case may be, from which the filing date and the right of priority has been derived, as filed; ( d ) an amendment has been made to the specification of the patent under section 38(1), 81 or 83 which — (i) results in the specification disclosing any additional matter; or (ii) extends the protection conferred by the patent; ( e ) an amendment has been made to the specification of the application for the patent under section 31 which results in the specification disclosing any matter extending beyond that disclosed in the application as filed; ( f ) a correction has been made to the specification of the patent or of the application for the patent under section 107 which should not have been allowed; ( g ) the patent is one of 2 or more patents for the same invention having the same priority date and filed by the same party or the party’s successor in title. [23/2019] (2) Every request under subsection (1) must be — ( a ) filed in the prescribed manner; ( b ) accompanied by the prescribed fee; and ( c ) accompanied, at the time the request is filed, by — (i) reasons to substantiate the ground specified in the request; and (ii) any document that the person considers to be relevant for the purposes of the re‑examination. [23/2019] (3) The Registrar may reject any request that fails to comply with any requirement in subsection (2). [23/2019] (4) The Registrar must not grant a request under subsection (1) if the Registrar is of the view that the request is frivolous, vexatious or an abuse of the process. [23/2019] (5) No request under subsection (1) may be filed where there are pending before the court or the Registrar any proceedings in which the validity of the patent may be put in issue. [23/2019] (6) Where proceedings before the court or the Registrar, in which the validity of the patent may be put in issue, are filed after a request under subsection (1) is made, the Registrar may make such order or give such direction as the Registrar thinks fit concerning the request. [23/2019] (7) Where the Registrar grants a request under subsection (1), the Registrar must cause the specification of the patent to be re‑examined by an Examiner so as to determine whether the ground specified in the request is made out. [23/2019] (8) If it appears to the Examiner during the re‑examination of the specification of the patent that — ( a ) the ground specified in the request; or ( b ) based on any document submitted under subsection (2)( c )(ii), any other ground mentioned in subsection (1), is made out, the Examiner must give the proprietor of the patent a written opinion to that effect, and the Registrar must, upon receiving the written opinion, send the proprietor a copy of the written opinion. [23/2019] (9) The proprietor of the patent must respond to the written opinion in the prescribed manner and within the prescribed period. [23/2019] (10) Upon receiving the re‑examination report prepared by the Examiner, the Registrar must send to the proprietor of the patent a copy of the report. [23/2019] (11) Where the re‑examination report issued under this section contains one or more unresolved objections (being an objection mentioned in the written opinion), the Registrar must make an order revoking the patent. [23/2019] (12) An order under subsection (11) may be — ( a ) an order for the unconditional revocation of the patent; or ( b ) where one of the grounds mentioned in subsection (1) has been established, but only so as to invalidate the patent to a limited extent, an order that the patent should be revoked unless within a specified time the specification is amended under section 83 to the satisfaction of the Registrar. [23/2019] (13) A decision of the Registrar or on appeal from the Registrar does not estop any party to any civil proceedings in which infringement of a patent is in issue from alleging invalidity of the patent on any of the grounds mentioned in subsection (1), whether or not any of the issues involved were decided in the decision. [23/2019] (14) A decision of the Registrar to revoke a patent under this section has effect from the date of the grant of the patent. [23/2019] (15) A person does not become a party to any proceedings under this Act before the Registrar by reason only that the person files a request under subsection (1), unless the person is the proprietor of the patent. [23/2019]


document_id: pa-1994
provision_ref: s39
chapter: PART 7 - PROVISIONS AS TO PATENTS AFTER GRANT
section: 39
title: Restoration of lapsed patents
content:
39. —(1) Where a patent has ceased to have effect by reason of a failure to pay any renewal fee, an application for the restoration of the patent may be made to the Registrar within the prescribed period. (2) An application under this section may be made by the person who was the proprietor of the patent or by any other person who would have been entitled to the patent if it had not ceased to have effect. (3) Where the patent was held by 2 or more persons jointly, the application may, with the permission of the Registrar, be made by one or more of them without joining the others. [Act 25 of 2021 wef 01/04/2022] (4) Notice of the application must be published by the Registrar in the prescribed manner. (5) If the Registrar is satisfied that the failure of the proprietor of the patent to pay any renewal fee within the period prescribed under section 36(2), or to pay that fee and any prescribed additional fee within the period prescribed under section 36(3), was unintentional, the Registrar must by order restore the patent on payment of any unpaid renewal fee and any prescribed additional fee. [15/2012] [Act 7 of 2022 wef 26/05/2022] (6) An order under this section may be made subject to such conditions as the Registrar thinks fit (including a condition requiring compliance with any provision of the rules relating to registration which have not been complied with), and if the proprietor of the patent does not comply with any such condition of the order, the Registrar may revoke the order and give such directions consequential on the revocation as the Registrar thinks fit. (7) The effect of an order for the restoration of a patent is as provided in subsections (8) to (13). (8) Anything done under or in relation to the patent during the period between expiry and restoration is treated as valid. (9) Anything done during that period which would have constituted an infringement if the patent had not expired is treated as an infringement — ( a ) if done at a time when it was possible for the patent to be renewed under section 36(3); or ( b ) if it was a continuation or repetition of an earlier infringing act. (10) If after it was no longer possible for the patent to be so renewed, and before publication of notice of the application for restoration, a person — ( a ) began in good faith to do an act which would have constituted an infringement of the patent if it had not expired; or ( b ) made in good faith effective and serious preparations to do such an act, the person has the right to continue to do the act or (as the case may be) to do the act, despite the restoration of the patent. (11) The right referred to in subsection (10) does not extend to granting a licence to another person to do the act. (12) If the act was done, or the preparations were made, in the course of a business, the person entitled to the right conferred by subsection (10) may — ( a ) authorise the doing of that act by any partner of the person’s for the time being in that business; and ( b ) assign that right, or transmit it on death (or in the case of a body corporate on its dissolution), to any person who acquires that part of the business in the course of which the act was done or the preparations were made. (13) Where a product is disposed of to another in exercise of the rights conferred by subsection (10) or (12), that other and any person claiming through him may deal with the product in the same way as if it had been disposed of by the registered proprietor of the patent. (14) Subsections (8) to (13) apply in relation to the use of a patent in accordance with section 56 as they apply in relation to infringement of the patent.


document_id: pa-1994
provision_ref: s40
chapter: PART 7 - PROVISIONS AS TO PATENTS AFTER GRANT
section: 40
title: Surrender of patents
content:
40. —(1) The proprietor of a patent may at any time by notice given to the Registrar offer to surrender the proprietor’s patent. (2) If the Registrar is satisfied that the patent may properly be surrendered, the Registrar may accept the offer and, as from the date when notice of the Registrar’s acceptance is published in the journal, the patent ceases to have effect, but no action for infringement shall lie in respect of any act done before that date and no right to compensation shall accrue for any use of the patented invention before that date in accordance with section 56.


document_id: pa-1994
provision_ref: s41
chapter: PART 8 - PROPERTY IN PATENTS AND APPLICATIONS
section: 41
title: Nature of, and transactions in, patents and applications for patents
content:
41. —(1) Any patent or application for a patent is personal property (without being a thing in action), and any patent or any such application and rights in or under it may be transferred, created or granted in accordance with this section. (2) Subject to section 46(3), any patent or any such application, or any right in it, may be assigned or mortgaged. (3) Any patent or any such application or right vests by operation of law in the same way as any other personal property and may be vested by an assent of personal representatives. (4) Subject to section 46(3), a licence may be granted under any patent or any such application for working the invention which is the subject of the patent or the application; and — ( a ) to the extent that the licence so provides, a sub-licence may be granted under any such licence and any such licence or sub-licence may be assigned or mortgaged; and ( b ) any such licence or sub-licence vests by operation of law in the same way as any other personal property and may be vested by an assent of personal representatives. (5) Subsections (2) to (4) have effect subject to the provisions of this Act. (6) Any of the following transactions, that is to say — ( a ) any assignment or mortgage of a patent or any such application, or any right in a patent or any such application; ( b ) any assent relating to any patent or any such application or right, shall be void unless it is in writing and is signed by or on behalf of the assignor or mortgagor (or, in the case of an assent or other transaction by a personal representative, by or on behalf of the personal representative) or in the case of a body corporate is so signed or is under the seal of that body. [15/2012] (7) An assignment of a patent or any such application or a share in it, and an exclusive licence granted under any patent or any such application, may confer on the assignee or licensee the right of the assignor or licensor to bring proceedings by virtue of section 67 or 76 for a previous infringement or to bring the proceedings under section 58 for a previous act.


document_id: pa-1994
provision_ref: s42
chapter: PART 8 - PROPERTY IN PATENTS AND APPLICATIONS
section: 42
title: Register of patents
content:
42. —(1) The Registrar must maintain a register of patents in accordance with the rules made by virtue of this section. (2) Without affecting any other provisions of this Act or the rules, the rules may make provision with respect to the following matters, including provision imposing requirements as to any of those matters: ( a ) the registration of patents and of published applications for patents; ( b ) the registration of transactions, instruments or events affecting rights in or under patents and applications; ( c ) the furnishing to the Registrar of any prescribed document or description of documents in connection with any matter which is required to be registered; ( d ) the correction of errors in the register and in any document filed at the Registry in connection with registration; ( e ) the publication and advertisement of anything done under this Act or the rules in relation to the register. (3) Despite anything in subsection (2)( b ), no notice of any implied or constructive trust is to be entered in the register and the Registrar is not affected by any such notice. [4/2014] (4) A notice of an express trust or of the beneficiary of an express trust, or both, may be entered in the register; but — ( a ) the Registrar is not affected by any such notice in the register; and ( b ) to avoid doubt, a failure to enter such notice in the register does not affect any rights or duties under the trust. [4/2014] (5) The register need not be kept in documentary form. (6) Subject to the rules, the public has a right to inspect the register at the Registry at all convenient times. (7) Any person who applies for a certified copy of an entry in the register or a certified extract from the register is entitled to obtain such a copy or extract on payment of a fee prescribed in relation to certified copies and extracts. (8) Applications under subsection (7) must be made in such manner as may be prescribed. [15/2012] (9) In relation to any portion of the register kept otherwise than in documentary form — ( a ) the right of inspection conferred by subsection (6) is a right to inspect the material on the register; and ( b ) the right to a copy or extract conferred by subsection (7) or the rules is a right to a copy or extract in a form in which it can be taken away and in which it is visible and legible.


document_id: pa-1994
provision_ref: s43
chapter: PART 8 - PROPERTY IN PATENTS AND APPLICATIONS
section: 43
title: Effect of registration, etc., on rights in patents
content:
43. —(1) Any person who claims to have acquired the property in a patent or application for a patent by virtue of any transaction, instrument or event to which this section applies is entitled as against any other person who claims to have acquired that property by virtue of an earlier transaction, instrument or event to which this section applies if, at the time of the later transaction, instrument or event — ( a ) the earlier transaction, instrument or event was not registered; ( b ) in the case of any application which has not been published, notice of the earlier transaction, instrument or event had not been given to the Registrar; and ( c ) in any case, the person claiming under the later transaction, instrument or event did not know of the earlier transaction, instrument or event. (2) Subsection (1) applies equally to the case where any person claims to have acquired any right in or under a patent or application for a patent, by virtue of a transaction, instrument or event to which this section applies, and that right is incompatible with any such right acquired by virtue of an earlier transaction, instrument or event to which this section applies. (3) This section applies to the following transactions, instruments and events: ( a ) the assignment of a patent or application for a patent, or a right in it; ( b ) the mortgage of, or grant of any other security interest in, a patent or application; ( c ) the grant or assignment of a licence or sub-licence, or mortgage of, or grant of any other security interest in, a licence or sub-licence, under a patent or application; ( d ) the death of the proprietor or one of the proprietors of any such patent or application or any person having a right in or under a patent or application and the vesting by an assent of personal representatives of a patent, application or any such right; and ( e ) any order or directions of a court or other competent authority — (i) transferring a patent or application or any right in or under it to any person; or (ii) that an application should proceed in the name of any person, and in either case the event by virtue of which the court or authority had power to make any such order or give any such directions. [15/2012] (4) Where an application for the registration of a transaction, instrument or event has been made, but the transaction, instrument or event has not been registered, then, for the purposes of subsection (1)( a ), registration of the application is treated as registration of the transaction, instrument or event. (5) Provision may be made by rules as to the amendment, alteration or removal from the register of any particulars in the register relating to any transaction, instrument or event referred to in subsection (3). [15/2012]


document_id: pa-1994
provision_ref: s44
chapter: PART 8 - PROPERTY IN PATENTS AND APPLICATIONS
section: 44
title: Rectification of register
content:
44. —(1) The court may, on the application of any person aggrieved, order the register to be rectified by the making, or the variation or deletion, of any entry in it. (2) In proceedings under this section, the court may determine any question which may be necessary or expedient to decide in connection with the rectification of the register.


document_id: pa-1994
provision_ref: s45
chapter: PART 8 - PROPERTY IN PATENTS AND APPLICATIONS
section: 45
title: Evidence of register, documents, etc.
content:
45. —(1) The register is prima facie evidence of anything required or authorised by this Act or the rules to be registered. (2) A certificate purporting to be signed by the Registrar and certifying that any entry which the Registrar is authorised by this Act or any of its rules to make has or has not been made, or that any other thing which the Registrar is so authorised to do has or has not been done, is prima facie evidence of the matter so certified. (3) Each of the following, that is to say — ( a ) a copy of an entry in the register or an extract from the register which is supplied under section 42(7); ( b ) a copy of any document kept in the Registry or an extract from any such document; or ( c ) any specification of a patent or any application for a patent which has been published, which purports to be a certified copy or a certified extract is to be admitted in evidence without further proof and without production of the original. (4) In this section, “certified copy” and “certified extract” mean a copy and an extract certified by the Registrar. [15/2012]


document_id: pa-1994
provision_ref: s46
chapter: PART 8 - PROPERTY IN PATENTS AND APPLICATIONS
section: 46
title: Co-ownership of patents and applications for patents
content:
46. —(1) Where a patent is granted to 2 or more persons, each of them, subject to any agreement to the contrary, is entitled to an equal undivided share in the patent. (2) Where 2 or more persons are proprietors of a patent, then, subject to this section and subject to any agreement to the contrary — ( a ) each of them is entitled, by himself, herself or itself or his, her or its agents, to do in respect of the invention, for the person’s own benefit and without the consent of or the need to account to the other or others, any act which would, apart from this subsection and section 56, amount to an infringement of the patent; and ( b ) any such act does not amount to an infringement of the patent. (3) Subject to sections 20 and 47 and to any agreement for the time being in force, where 2 or more persons are proprietors of a patent, one of them may not without the consent of the other or others grant a licence under the patent or assign or mortgage a share in the patent. (4) Subject to sections 20 and 47 where 2 or more persons are proprietors of a patent, anyone else may supply one of those persons with the means, relating to an essential element of the invention, for putting the invention into effect, and the supply of those means by virtue of this subsection does not amount to an infringement of the patent. (5) Where a patented product is disposed of by any of 2 or more proprietors to any person, that person and any other person claiming through that person are entitled to deal with the product in the same way as if it had been disposed of by a sole registered proprietor. (6) Nothing in subsection (1) or (2) affects the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as such. (7) This section has effect in relation to an application for a patent which is filed as it has effect in relation to a patent and — ( a ) references to a patent and a patent being granted accordingly include references respectively to any such application and to the application being filed; and ( b ) the reference in subsection (5) to a patented product is to be construed accordingly.


document_id: pa-1994
provision_ref: s47
chapter: PART 8 - PROPERTY IN PATENTS AND APPLICATIONS
section: 47
title: Determination of right to patent after grant
content:
47. —(1) After a patent has been granted for an invention, any person having or claiming a proprietary interest in or under the patent may refer to the Registrar the question — ( a ) who is or are the true proprietor or proprietors of the patent; ( b ) whether the patent should have been granted to the person or persons to whom it was granted; or ( c ) whether any right in or under the patent should be transferred or granted to any other person or persons, and the Registrar must determine the question and make such order as the Registrar thinks fit to give effect to the determination. (2) Without limiting subsection (1), an order under that subsection may contain provision — ( a ) directing that the person by whom the reference is made under that subsection is included (whether or not to the exclusion of any other person) among the persons registered as proprietors of the patent; ( b ) directing the registration of a transaction, instrument or event by virtue of which that person has acquired any right in or under the patent; ( c ) granting any licence or other right in or under the patent; and ( d ) directing the proprietor of the patent or any person having any right in or under the patent to do anything specified in the order as necessary to carry out the other provisions of the order. (3) If any person to whom directions have been given ( A ) under subsection (2)( d ) fails to do anything necessary for carrying out any such directions within 14 days after the date of the order containing the directions, the Registrar may, on an application made to the Registrar by any person in whose favour or on whose reference the order containing the directions was made ( B ), authorise B to do that thing on behalf of A . (4) Where the Registrar finds on a reference under this section that the patent was granted to a person not entitled to be granted that patent (either alone or with other persons) and on an application made under section 80 makes an order on that ground for the conditional or unconditional revocation of the patent, the Registrar may order that the person by whom the application was made or that person’s successor in title may, subject to section 84, make a new application for a patent — ( a ) in the case of unconditional revocation, for the whole of the matter comprised in the specification of that patent; and ( b ) in the case of conditional revocation, for the matter which in the opinion of the Registrar should be excluded from that specification by amendment under section 83, and where such a new application is made, it is treated as having been filed on the date of filing the application for the patent to which the reference relates. [23/2019] (5) On any reference under subsection (1) — ( a ) no order may be made under this section transferring the patent to which the reference relates on the ground that the patent was granted to a person not so entitled; and ( b ) no order may be made under subsection (4) on that ground if the reference was made after the end of the period of 2 years beginning with the date of the grant, unless it is shown that any person registered as a proprietor of the patent knew at the time of the grant or, as the case may be, of the transfer of the patent to the person that the person was not entitled (either alone or with other persons, as the case may be) to the patent. [23/2019] (6) An order under this section must not be so made as to affect the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as such. (7) Where a question is referred to the Registrar under this section, an order must not be made by virtue of subsection (2) or under subsection (4) on the reference unless notice of the reference is given to all persons registered as proprietor of the patent or as having a right in or under the patent, except those who are parties to the reference. (8) If it appears to the Registrar on a reference under this section that the question referred to the Registrar would be more conveniently dealt with by the court, the Registrar may decline to deal with it and, without prejudice to the court’s jurisdiction to determine any such question and make a declaration, the court has jurisdiction to do so. [23/2019] (9) The court must not determine a question whether a patent was granted to a person not entitled to be granted the patent — ( a ) in the exercise of any such declaratory jurisdiction in an action for a declaration; or ( b ) in the exercise of jurisdiction pursuant to a reference under this section, if the action or the reference (as the case may be) was commenced or made after the end of the period of 2 years beginning with the date of the grant of the patent, unless it is shown that any person registered as a proprietor of the patent knew at the time of the grant or, as the case may be, of the transfer of the patent to the person that the person was not entitled (either alone or with other persons, as the case may be) to the patent. [23/2019]


document_id: pa-1994
provision_ref: s48
chapter: PART 8 - PROPERTY IN PATENTS AND APPLICATIONS
section: 48
title: Effect of transfer of patent under section 47
content:
48. —(1) Where an order is made under section 47 that a patent be transferred from any person or persons (the old proprietor or proprietors) to one or more persons (whether or not including an old proprietor) then, except in a case falling within subsection (2), any licences or other rights granted or created by the old proprietor or proprietors are, subject to section 43 and to the provisions of the order, to continue in force and to be treated as granted by the person or persons to whom the patent is ordered to be transferred (the new proprietor or proprietors). (2) Where an order is so made that a patent be transferred from the old proprietor or proprietors to one or more persons none of whom was an old proprietor (on the ground that the patent was granted to a person not entitled to be granted the patent), any licences or other rights in or under the patent, subject to the provisions of the order and subsection (3), lapse on the registration of that person or those persons as the new proprietor or proprietors of the patent. (3) Where an order is so made that — ( a ) a patent be transferred as mentioned in subsection (2); or ( b ) a person other than an old proprietor may make a new application for a patent, and before the reference of the question under that section resulting in the making of any such order is registered, the old proprietor or proprietors or a licensee of the patent, acting in good faith — ( c ) worked the invention in question in Singapore; or ( d ) made effective and serious preparations to do so, the old proprietor or proprietors or the licensee shall, on making a request to the new proprietor or proprietors within the prescribed period, be entitled to be granted a licence (but not an exclusive licence) to continue working or, as the case may be, to work the invention, so far as it is the subject of the new application. (4) Any such licence must be granted for a reasonable period and on reasonable terms. (5) The new proprietor or proprietors of the patent or any person claiming that the person is entitled to be granted any such licence may refer to the Registrar the question whether that person is so entitled and whether any such period is or terms are reasonable. (6) The Registrar must determine the question mentioned in subsection (5) and may, if he or she considers it appropriate, order the grant of such a licence.


document_id: pa-1994
provision_ref: s49
chapter: PART 9 - EMPLOYEES’ INVENTIONS
section: 49
title: Right to employees’ inventions
content:
49. —(1) Despite anything in any rule of law, an invention made by an employee, as between the employee and the employee’s employer, is taken to belong to the employee’s employer for the purposes of this Act and all other purposes if — ( a ) the invention was made in the course of the normal duties of the employee or in the course of duties falling outside the employee’s normal duties, but specifically assigned to the employee, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of the employee’s duties; or ( b ) the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of the employee’s duties and the particular responsibilities arising from the nature of the employee’s duties the employee had a special obligation to further the interests of the employer’s undertaking. (2) Any other invention made by an employee, as between the employee and his or her employer, is taken for those purposes to belong to the employee. (3) Where by virtue of this section an invention belongs, as between the employee and his or her employer, to an employee, nothing done — ( a ) by or on behalf of the employee or any person claiming under the employee for the purposes of pursuing an application for a patent; or ( b ) by any person for the purpose of performing or working the invention, is to be taken to infringe any copyright or design right to which, as between the employee and his or her employer, his or her employer is entitled in any model or document relating to the invention. (4) In subsection (3), the reference to application for a patent includes an application for other protection for an invention, and includes an application for a patent or any other protection under the law of a country other than Singapore or under any treaty to which Singapore is a party.


document_id: pa-1994
provision_ref: s50
chapter: PART 9 - EMPLOYEES’ INVENTIONS
section: 50
title: Supplementary provisions
content:
50. —(1) This Part does not apply to an invention made by an employee unless at the time the employee made the invention one of the following conditions was satisfied in the employee’s case: ( a ) the employee was mainly employed in Singapore; ( b ) the employee was not mainly employed anywhere or his or her place of employment could not be determined, but his or her employer had a place of business in Singapore to which the employee was attached, whether or not the employee was also attached elsewhere. (2) In this Part, except so far as the context otherwise requires, references to the making of an invention by an employee are references to the employee making it alone or jointly with any other person, but do not include references to the employee merely contributing advice or other assistance in the making of an invention by another employee. (3) Any references in section 49 to a patent and to a patent being granted are respectively references to a patent or other protection and to its being granted whether under the law of Singapore or the law in force in any other country or under any treaty or international convention. (4) Nothing in this Part is to be construed as precluding the operation of an agreement or a contract in relation to the right to an invention.


document_id: pa-1994
provision_ref: s50A
chapter: PART 10 - CONTRACTS AS TO PATENTED PRODUCTS
section: 50A
title: Application of this Part
content:
50A. This Part applies only to — ( a ) any contract for the supply of a patented product; ( b ) any licence to work a patented invention; and ( c ) any contract relating to any such supply or licence, that was entered into or granted on or after 23 February 1995 but before 1 December 2008. [18/2008]


document_id: pa-1994
provision_ref: s51
chapter: PART 10 - CONTRACTS AS TO PATENTED PRODUCTS
section: 51
title: Avoidance of certain restrictive conditions
content:
51. —(1) Subject to this section, any condition or term of a contract for the supply of a patented product or of a licence to work a patented invention, or of a contract relating to any such supply or licence, is void insofar as it purports — ( a ) in the case of a contract for supply, to require the person supplied to acquire from the supplier, or the supplier’s nominee, or prohibit the person supplied from acquiring from any specified person, or from acquiring except from the supplier or the supplier’s nominee, anything other than the patented product; ( b ) in the case of a licence to work a patented invention, to require the licensee to acquire from the licensor or the licensor’s nominee, or prohibit the licensee from acquiring from any specified person, or from acquiring except from the licensor or the licensor’s nominee, anything other than the product which is the patented invention or (if it is a process) other than any product obtained directly by means of the process or to which the process has been applied; or ( c ) in either case, to prohibit the person supplied or the licensee from using articles (whether patented products or not) which are not supplied by, or any patented process which does not belong to, the supplier or licensor, or the supplier’s or licensor’s nominee, or to restrict the right of the person supplied or the licensee to use any such articles or process. (2) In proceedings against any person for infringement of a patent, it is a defence to prove that at the time of the infringement there was in force a contract relating to the patent made by or with the consent of the claimant or a licence under the patent granted by or with the consent of the claimant and containing in either case a condition or term void by virtue of this section. [Act 25 of 2021 wef 01/04/2022] [Act 31 of 2022 wef 01/11/2022] (3) A condition or term of a contract or licence shall not be void by virtue of this section if — ( a ) at the time of the making of the contract or granting of the licence, the supplier or licensor was willing to supply the product, or grant a licence to work the invention, (as the case may be) to the person supplied or the licensee, on reasonable terms specified in the contract or licence and without any such condition or term as is mentioned in subsection (1); and ( b ) the person supplied or the licensee is entitled under the contract or licence to relieve himself, herself or itself of his, her or its liability to observe the condition or term on giving to the other party 3 months’ notice in writing, and subject to payment to that other party of such compensation (being, in the case of a contract to supply, a lump sum or rent for the residue of the term of the contract and, in the case of a licence, a royalty for the residue of the term of the licence) as may be determined by an arbitrator appointed by the Minister. (4) If in any proceedings it is alleged that any condition or term of a contract or licence is void by virtue of this section, it shall lie on the supplier or licensor to prove the matters set out in subsection (3)( a ). (5) A condition or term of a contract or licence shall not be void by virtue of this section by reason only that it prohibits any person from selling goods other than those supplied by a specific person or, in the case of a contract for the hiring of or licence to use a patented product, that it reserves to the bailor or licensor, or the bailor’s or licensor’s nominee, the right to supply such new parts of the patented product as may be required to put or keep it in repair.


document_id: pa-1994
provision_ref: s52
chapter: PART 10 - CONTRACTS AS TO PATENTED PRODUCTS
section: 52
title: Determination of parts of certain contracts
content:
52. —(1) Any contract for the supply of a patented product or licence to work a patented invention, or contract relating to any such supply or licence, may at any time after the patent or all the patents by which the product or invention was protected at the time of the making of the contract or granting of the licence has or have ceased to be in force, and despite anything to the contrary in the contract or licence or in any other contract, be determined, to the extent (and only to the extent) that the contract or licence relates to the product or invention, by either party on giving 3 months’ notice in writing to the other party. (2) In subsection (1), “patented product” and “patented invention” include respectively a product and an invention which is the subject of an application for a patent, and that subsection applies in relation to a patent by which any such product or invention was protected and which was granted after the time of the making of the contract or granting of the licence, on an application which had been filed before that time, as it applies to a patent in force at that time. (3) If, on an application under this section made by either party to a contract or licence falling within subsection (1), the court is satisfied that, in consequence of the patent or patents ceasing to be in force, it would be unjust to require the applicant to continue to comply with all the terms and conditions of the contract or licence, the court may make such order varying those terms or conditions as, having regard to all the circumstances of the case, it thinks just as between the parties. (4) Without prejudice to any other right of recovery, nothing in subsection (1) is to be taken to entitle any person to recover property let under a hire‑purchase agreement within the meaning of the Hire‑Purchase Act 1969. (5) This section is without prejudice to any rule of law relating to the frustration of contracts and any right of determining a contract or licence exercisable apart from this section.


document_id: pa-1994
provision_ref: s53
chapter: PART 11 - LICENCES OF RIGHT AND COMPULSORY LICENCES
section: 53
title: Licences of right
content:
53. —(1) At any time after the grant of a patent, its proprietor may apply to the Registrar for an entry to be made in the register to the effect that licences under the patent are to be available as of right. (2) Where an application under subsection (1) is made, the Registrar must give notice of the application to any person registered as having a right in or under the patent and, if satisfied that the proprietor of the patent is not precluded by contract from granting licences under the patent, the Registrar must make that entry. (3) Where an entry under subsection (2) is made in respect of a patent — ( a ) any person, at any time after the entry is made, is entitled as of right to a licence under the patent on such terms as may be settled by agreement or, in default of agreement, by the Registrar on the application of the proprietor of the patent or the person requiring the licence; ( b ) the Registrar may, on the application of the holder of any licence granted under the patent before the entry was made, order the licence to be exchanged for a licence of right on terms so settled; ( c ) if, in proceedings for infringement of the patent, the defendant undertakes to take a licence on such terms, no injunction may be granted against the defendant and the amount (if any) recoverable against the defendant by way of damages must not exceed twice the amount which would have been payable by the defendant as licensee if such a licence on those terms had been granted before the earliest infringement; and ( d ) the renewal fee payable in respect of the patent after the date of the entry is half the fee which would be payable if the entry had not been made. (4) An undertaking under subsection (3)( c ) may be given at any time before final order in the proceedings, without any admission of liability. (5) The licensee under a licence of right may (unless, in the case of a licence the terms of which are settled by agreement, the licence otherwise expressly provides) request the proprietor of the patent to take proceedings to prevent any infringement of the patent. (6) If the proprietor refuses or neglects to take proceedings under subsection (5) within 2 months after being so requested, the licensee may institute proceedings for the infringement in the licensee’s own name as if the licensee were the proprietor, making the proprietor a defendant. (7) A proprietor so added as defendant shall not be liable for any costs or expenses unless the proprietor files and serves a notice of intention to contest or not contest and takes part in the proceedings. [Act 25 of 2021 wef 01/04/2022]


document_id: pa-1994
provision_ref: s54
chapter: PART 11 - LICENCES OF RIGHT AND COMPULSORY LICENCES
section: 54
title: Cancellation of entry made under section 53
content:
54. —(1) At any time after an entry has been made under section 53 in respect of a patent, the proprietor of the patent may apply to the Registrar for cancellation of the entry. (2) Where an application under subsection (1) is made and the balance paid of all renewal fees which would have been payable if the entry had not been made, the Registrar may cancel the entry if satisfied that there is no existing licence under the patent or that all licensees under the patent consent to the application. (3) Within the prescribed period after an entry had been made under section 53 in respect of a patent, any person who claims that the proprietor of the patent is, and was at the time of the entry, precluded by a contract in which the claimant is interested from granting licences under the patent may apply to the Registrar for cancellation of the entry. (4) Where the Registrar is satisfied, on an application under subsection (3), that the proprietor of the patent is and was so precluded, the Registrar must cancel the entry. (5) The proprietor shall be liable to pay, within the prescribed period, a sum equal to the balance of all renewal fees which would have been payable if the entry had not been made, and the patent ceases to have effect at the expiration of that period if that sum is not so paid. [15/2012] (6) Where an entry is cancelled under this section, the rights and liabilities of the proprietor of the patent after the cancellation are the same as if the entry had not been made. (7) Where an application has been made under this section — ( a ) in the case of an application under subsection (1), any person; and ( b ) in the case of an application under subsection (3), the proprietor of the patent, may, within the prescribed period, give notice to the Registrar of opposition to the cancellation. (8) The Registrar must, in considering the application made under this section, determine whether the opposition is justified.


document_id: pa-1994
provision_ref: s55
chapter: PART 11 - LICENCES OF RIGHT AND COMPULSORY LICENCES
section: 55
title: Compulsory licences
content:
55. —(1) Any interested person may apply to the court for the grant of a licence under a patent on the ground that the grant of the licence is necessary to remedy an anti-competitive practice. (2) Without limiting subsection (1), the court may determine that the grant of a licence is necessary to remedy an anti-competitive practice if — ( a ) there is a market for the patented invention in Singapore; ( b ) that market — (i) is not being supplied; or (ii) is not being supplied on reasonable terms; and ( c ) the court is of the view that the proprietor of the patent has no valid reason for failing to supply that market with the patented invention, whether directly or through a licensee, on reasonable terms. (3) Subject to this section, if the court is satisfied that the ground mentioned in subsection (1) is established, the court may make an order for the grant of a licence in accordance with the application upon such terms as the court thinks fit. (4) A licence granted under this section — ( a ) is not exclusive; and ( b ) must not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used. (5) Any licence granted under this section may, on the application of any interested party, be terminated by the court where the court is satisfied that the ground upon which the licence was granted has ceased to exist and is unlikely to recur. (6) Where a licence is granted under this section to any person, the person must pay such remuneration to the patentee as may be agreed, or as may be determined by a method agreed between the person and the patentee or, in default of agreement, as is determined by the court on the application of the person or the patentee. (7) The powers of the court on an application under this section are to be exercised with a view to securing that the inventor or other person beneficially entitled to a patent receives reasonable remuneration having regard to the economic value of the licence. (8) No order may be made pursuant to any application under this section which would be at variance with any treaty or international convention relating to patents to which Singapore is a party.


document_id: pa-1994
provision_ref: s56
chapter: PART 12 - USE OF PATENTED INVENTIONS FOR
section: 56
title: Use of patented inventions by Government and authorised parties
content:
56. —(1) Subject to sections 60, 61 and 62, but despite any other section of this Act, the Government and any party authorised in writing by the Government may do anything in relation to a patented invention — ( a ) for a public non-commercial purpose; or ( b ) for or during a national emergency or other circumstances of extreme urgency, and anything done by virtue of this section does not amount to an infringement of the patent. [18/2008] (2) Without limiting subsection (1), subject to sections 60, 61 and 62, but despite any other section of this Act, the Government and any party authorised in writing by the Government may import any relevant health product, and do anything in relation to any relevant health product so imported, for or during a national emergency or other circumstances of extreme urgency, if the Government has given the Council for TRIPS a relevant notification in relation to the relevant health product. [18/2008] (3) For the purposes of this section and section 57 — ( a ) any use of an invention for the supply to the government of any country outside Singapore, pursuant to any agreement or arrangement between the Government of Singapore and the government of that country, of articles required for the defence of that country is deemed to be a use of the invention for a public non‑commercial purpose; and ( b ) the power of the Government or any party authorised by the Government to do anything in accordance with this section does not, in the case of a patent relating to an integrated circuit, extend to sale of the invention to the public. (4) The purchaser of any article sold in the exercise of the powers conferred by this section, and any person claiming through the purchaser, has power to deal with it in the same manner as if the patent were held on behalf of the Government. (5) In this section — “integrated circuit” means a product, in its final or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and on, or in or on, a piece of material and which is intended to perform an electronic function; “relevant notification” means a notification that satisfies the requirements of — ( a ) paragraph 2( a ) of the Doha Declaration Implementation Decision; or ( b ) paragraph 2( a ) of the Annex to the TRIPS Agreement. [18/2008]


document_id: pa-1994
provision_ref: s57
chapter: PART 12 - USE OF PATENTED INVENTIONS FOR
section: 57
title: Rights of third parties in respect of Government use
content:
57. —(1) In relation to — ( a ) anything done in accordance with section 56 by the Government or any party authorised in writing by the Government; or ( b ) anything done to the order of the Government — (i) for a public non-commercial purpose; or (ii) for or during a national emergency or other circumstances of extreme urgency, by the proprietor of a patent in respect of the patented invention or by the proprietor of an application for a patent in respect of the invention for which the application has been filed and is still pending, the provisions of any licence, assignment or agreement to which this subsection applies, subject to sections 60, 61 and 62, are of no effect so far as those provisions restrict or regulate the working of the invention, or the use of any model, document or information relating to it, or provide for the making of payments in respect of, or calculated by reference to, such working or use. (2) The reproduction or publication of any model or document in connection with the said working or use is not to be deemed to be an infringement of any copyright or design right subsisting in the model or document. (3) Subsection (1) applies to any licence, assignment or agreement which is made, whether before or after 23 February 1995, between (on the one hand) any person who is a proprietor of or an applicant for the patent, or anyone who derives title from any such person or from whom such person derives title, and (on the other hand) any person other than the Government.


document_id: pa-1994
provision_ref: s58
chapter: PART 12 - USE OF PATENTED INVENTIONS FOR
section: 58
title: References of disputes as to Government use
content:
58. —(1) Any dispute as to the exercise by the Government or a party authorised by the Government of the powers conferred by, or as to the terms for doing anything in accordance with, section 56 may be referred to the court by either party to the dispute after a patent has been granted for the invention. (2) In determining any dispute referred to the court under this section, the court is to have regard to — ( a ) any benefit or compensation that the patentee of the invention may have received, or may be entitled to receive, directly or indirectly, from the Government or any party authorised by the Government in respect of the patented invention; and ( b ) the need to ensure that the patentee receives reasonable remuneration having regard to the economic value of the patented invention. (3) If the validity of a patent is put in issue in proceedings under this section and it is found that the patent is only partially valid, the court may, subject to subsection (4), grant relief to the proprietor of the patent in respect of that part of the patent which is found to be valid and to have been used in accordance with section 56. (4) Where in any such proceedings it is found that a patent is only partially valid, the court is not to grant relief by way of costs or expenses except where the proprietor of the patent proves that the specification of the patent was framed in good faith and with reasonable skill and knowledge, and in that event the court may grant relief in respect of that part of the patent which is valid and has been so used, subject to the discretion of the court as to costs and expenses. (5) As a condition of any such relief, the court may direct that the specification of the patent be amended to its satisfaction upon an application made for that purpose under section 83, and an application may be so made accordingly, whether or not all other issues in the proceedings have been determined. (6) In any proceedings under this section, the court may at any time order the whole proceedings or any question or issue of fact arising in them to be referred, on such terms as the court may direct, to an arbitrator; and references to the court in this section are to be construed accordingly. (7) One of the 2 or more joint proprietors of a patent or an application for a patent may, without the concurrence of the others, refer a dispute to the court under this section, but must not do so unless the others are made parties to the proceedings; but any of the others if made a defendant shall not be liable for any costs or expenses unless the defendant files and serves a notice of intention to contest or not contest and takes part in the proceedings. [Act 25 of 2021 wef 01/04/2022] 59. [ Repealed by Act 19 of 2004 ]


document_id: pa-1994
provision_ref: s60
chapter: PART 12 - USE OF PATENTED INVENTIONS FOR
section: 60
title: Nature and scope of rights under section 56
content:
60. —(1) The right to use a patented invention under section 56 — ( a ) is not exclusive; ( b ) must not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used; and ( c ) is, despite subsection (3)( a ) of section 56, limited to the supply of the patented invention predominantly in Singapore by the Government or a party authorised by the Government under that section. (2) The right under section 56 to use a relevant health product which is imported under section 56(2) does not include a right to export the relevant health product. [18/2008] (3) The right to use a patented invention under section 56 may, on the application of any interested party, be terminated by the court, where the court is satisfied that the circumstances that gave rise to the right to use the patented invention have ceased to exist and are unlikely to recur. (4) Where the court has terminated the right under section 56 to use a patented invention, the court may make such consequential orders as it thinks necessary. [18/2008]


document_id: pa-1994
provision_ref: s61
chapter: PART 12 - USE OF PATENTED INVENTIONS FOR
section: 61
title: Duty to inform patentee
content:
61. —(1) Where any thing set out in section 66(1) is done in relation to a patented invention by the Government or a party authorised in writing by the Government for a public non-commercial purpose, the Government department that did or authorised the doing of the thing must inform the patentee promptly of the doing of the thing. (2) Where any thing set out in section 66(1) is done in relation to a patented invention by the Government or a party authorised in writing by the Government for or during a national emergency or other circumstances of extreme urgency, the Government department that did or authorised the doing of the thing must, as soon as reasonably practicable, inform the patentee of the doing of the thing.


document_id: pa-1994
provision_ref: s62
chapter: PART 12 - USE OF PATENTED INVENTIONS FOR
section: 62
title: Patentee entitled to remuneration
content:
62. —(1) Subject to subsection (2), where an act is done under section 56, the Government must pay such remuneration to the patentee as may be agreed, or as may be determined by a method agreed, between the Government and the patentee having regard to the economic value of the patented invention or as may, in default of agreement, be determined by the court under section 58. [18/2008] (2) No remuneration is payable under subsection (1) in respect of the import or subsequent use under section 56(2) of any relevant health product, if the patentee has received or will receive any other remuneration in respect of that relevant health product. [18/2008] 63. [ Section number not in use ] 64. [ Section number not in use ] 65. [ Section number not in use ]


document_id: pa-1994
provision_ref: s66
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 66
title: Meaning of infringement
content:
66. —(1) Subject to the provisions of this Act, a person infringes a patent for an invention if, but only if, while the patent is in force, the person does any of the following things in Singapore in relation to the invention without the consent of the proprietor of the patent: ( a ) where the invention is a product, the person makes, disposes of, offers to dispose of, uses or imports the product or keeps it whether for disposal or otherwise; ( b ) where the invention is a process, the person uses the process or the person offers it for use in Singapore when the person knows, or it is obvious to a reasonable person in the circumstances, that its use without the consent of the proprietor would be an infringement of the patent; ( c ) where the invention is a process, the person disposes of, offers to dispose of, uses or imports any product obtained directly by means of that process or keeps any such product whether for disposal or otherwise. (2) An act which, apart from this subsection, would constitute an infringement of a patent for an invention is not an infringement of a patent if — ( a ) it is done privately and for purposes which are not commercial; ( b ) it is done for experimental purposes relating to the subject matter of the invention; ( c ) it consists of the extemporaneous preparation of a medicine for an individual in accordance with a prescription given by a registered medical or dental practitioner or consists of dealing with a medicine so prepared; ( d ) it consists of the use of a product or process in the body or operation of a relevant aircraft, hovercraft or vehicle which has temporarily or accidentally entered or is crossing Singapore (including the airspace above it and its territorial waters) or the use of accessories for such a relevant aircraft, hovercraft or vehicle; ( e ) it consists of the use, exclusively for the needs of a relevant ship, of a product or process in the body of the ship or in its machinery, tackle, apparatus or other accessories, in a case where the ship has temporarily or accidentally entered the territorial waters of Singapore; ( f ) it consists of the use of an exempted aircraft which has lawfully entered or is lawfully crossing Singapore as mentioned in paragraph ( d ) or of the importation into Singapore, or the use or storage, of any part or accessory for that aircraft; ( g ) subject to subsections (3) and (6), it consists of the import, use or disposal of, or the offer to dispose of, any patented product or any product obtained by means of a patented process or to which a patented process has been applied, which is produced by or with the consent (conditional or otherwise) of the proprietor of the patent or any person licensed by the proprietor, and for this purpose “patent” includes a patent granted in any country outside Singapore in respect of the same or substantially the same invention as that for which a patent is granted under this Act and “patented product”, “patented process” and “licensed” are to be construed accordingly; ( h ) it consists of the doing of any thing set out in subsection (1) in relation to the subject matter of the patent to support any application for marketing approval for a pharmaceutical product, provided that any thing produced to support the application is not — (i) made, used or sold in Singapore; or (ii) exported outside Singapore, other than for purposes related to meeting the requirements for marketing approval for that pharmaceutical product; or ( i ) subject to subsection (6), it consists of the import, disposal or offer to dispose of a patented pharmaceutical product for use by or on a specific patient in Singapore, or the use of that product by or on that patient, where — (i) that product is required for use by or on that patient; (ii) the relevant authority has granted approval specifically for the import of that product for use by or on that patient; and (iii) that product was produced by or with the consent (conditional or otherwise) of the proprietor of the patent or any person licensed by the proprietor (and for this purpose “patent” includes a patent granted in any country outside Singapore in respect of the same or substantially the same product and “licensed” is to be construed accordingly). [18/2008] (3) Subsection (2)( g ) does not apply to the import of any patented pharmaceutical product by any person (called in this subsection and subsection (4) the importer) if — ( a ) the product has not previously been sold or distributed in Singapore by or with the consent (conditional or otherwise) of the proprietor of the patent or any person licensed by the proprietor of the patent to sell or distribute the product in Singapore; ( b ) the import of the product by the importer would result in the product being distributed in breach of a contract between — (i) the proprietor of the patent; and (ii) any person licensed by the proprietor of the patent to distribute the product outside Singapore; and ( c ) the importer has actual or constructive knowledge of the matters referred to in paragraph ( b ). (4) For the purposes of subsection (3), where the importer has received a written notice containing the prescribed particulars, the importer is deemed to have constructive knowledge of the matters referred to in subsection (3)( b ). (5) To avoid doubt, in subsection (3), “patent” does not include a patent granted in any country outside Singapore in respect of the same or substantially the same product and “licensed” is to be construed accordingly. (6) Subsection (2)( g ) and ( i ) does not apply to the import or sale of, or the offer to sell, any relevant health product produced for export to any country, other than Singapore, which is an eligible importing member of the World Trade Organisation. [18/2008] (7) In this section — “eligible importing member”, in relation to the World Trade Organisation, means a member of the World Trade Organisation which — ( a ) is a least-developed country; or ( b ) has given the Council for TRIPS the notification referred to in — (i) paragraph 1( b ) of the Doha Declaration Implementation Decision; or (ii) paragraph 1( b ) of the Annex to the TRIPS Agreement; “exempted aircraft” means an aircraft to which section 30 of the Air Navigation Act 1966 applies; “relevant ship” and “relevant aircraft, hovercraft or vehicle” mean, respectively, a ship and an aircraft, a hovercraft or a vehicle registered in, or belonging to, any country, other than Singapore, which is — ( a ) a party to the Paris Convention; or ( b ) a member of the World Trade Organisation. [18/2008]


document_id: pa-1994
provision_ref: s67
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 67
title: Proceedings for infringement of patent
content:
67. —(1) Subject to this Part, civil proceedings may be brought in the court by the proprietor of a patent in respect of any act alleged to infringe the patent and (without prejudice to any other jurisdiction of the court) in those proceedings a claim may be made — ( a ) for an injunction restraining the defendant from any apprehended act of infringement; ( b ) for an order for the defendant to deliver up or destroy any patented product in relation to which the patent is infringed or any article in which that product is inextricably comprised or any material and implement the predominant use of which has been in the creation of the infringing product; ( c ) for damages in respect of the infringement; ( d ) for an account of the profits derived by the defendant from the infringement; and ( e ) for a declaration that the patent is valid and has been infringed by the defendant. (2) The court must not, in respect of the same infringement, both award the proprietor of a patent damages and order that the proprietor be given an account of the profits. (3) In this Act, unless the context otherwise requires, any reference to a claimant includes a reference to the proprietor of the patent. [Act 23 of 2019 wef 01/04/2022] [Act 25 of 2021 wef 01/04/2022] (4) [ Deleted by Act 23 of 2019 wef 01/04/2022 ] (5) [ Deleted by Act 23 of 2019 wef 01/04/2022 ] (6) Subject to this Part, in determining whether or not to grant any kind of relief claimed under this section and the extent of the relief granted, the court must apply the principles applied by the court in relation to that kind of relief immediately before 23 February 1995. [Act 23 of 2019 wef 01/04/2022]


document_id: pa-1994
provision_ref: s68
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 68
title: Reversal of burden of proof
content:
68. —(1) In any proceedings for the infringement of a patent, where the subject matter of the patent is a process for obtaining a new product, the burden of proving that a product is not made by the process is on the alleged infringer if the product is new or a substantial likelihood exists that the product is made by the process and the proprietor of the patent has been unable through reasonable efforts to determine the process actually used. (2) In considering whether a party has discharged the burden imposed upon the party by this section, the court is not to require the party to disclose any manufacturing or commercial secret if it appears to the court that it would be unreasonable to do so.


document_id: pa-1994
provision_ref: s69
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 69
title: Restrictions on relief for infringement
content:
69. —(1) In proceedings for infringement of a patent, damages must not be awarded and no order may be made for an account of profits against a defendant who proves that at the date of the infringement the defendant was not aware, and had no reasonable grounds for supposing, that the patent existed. (2) A person is not to be taken to have been aware or to have had reasonable grounds for supposing by reason only of the application to a product of the word “patent” or “patented”, or any word or words expressing or implying that a patent has been obtained for the product, unless the number of the patent accompanied the word or words. (3) In proceedings for infringement of a patent, the court may, if the court thinks fit, refuse to award any damages, make an order for an account of profits or grant any other relief (including an injunction) in respect of an infringement committed during the period prescribed under section 36(3), but before the payment of the renewal fee and any additional fee prescribed for the purposes of section 36(3). [15/2012] [Act 23 of 2019 wef 01/04/2022] [Act 7 of 2022 wef 26/05/2022] (4) Where an amendment of the specification of a patent has been allowed under any of the provisions of this Act, the court must not, in proceedings for an infringement of the patent committed before the decision to allow the amendment, award any damages, make an order for an account of profits or grant any other relief (including an injunction) unless the court is satisfied that the specification of the patent as published was framed in good faith and with reasonable skill and knowledge. [Act 23 of 2019 wef 01/04/2022]


document_id: pa-1994
provision_ref: s70
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 70
title: Relief for infringement of partially valid patent
content:
70. —(1) If the validity of a patent is put in issue in proceedings for infringement of the patent and it is found that the patent is only partially valid, the court may, subject to subsection (2), grant relief in respect of that part of the patent which is found to be valid and infringed. [Act 23 of 2019 wef 01/04/2022] (2) Where in any such proceedings it is found that a patent is only partially valid, the court must not grant relief by way of damages, costs or expenses, except where the claimant proves that the specification for the patent was framed in good faith and with reasonable skill and knowledge, and in that event the court may grant relief in respect of that part of the patent which is valid and infringed, subject to the discretion of the court as to costs or expenses and as to the date from which damages should be reckoned. [Act 23 of 2019 wef 01/04/2022] [Act 25 of 2021 wef 01/04/2022] (3) As a condition of relief under this section, the court may direct that the specification of the patent be amended to the court’s satisfaction upon an application made for that purpose under section 83, and an application may be so made accordingly, whether or not all other issues in the proceedings have been determined. [Act 23 of 2019 wef 01/04/2022]


document_id: pa-1994
provision_ref: s71
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 71
title: Right to continue use begun before priority date
content:
71. —(1) Where a patent is granted for an invention, a person who in Singapore before the priority date of the invention — ( a ) does in good faith an act which would constitute an infringement of the patent if it were in force; or ( b ) makes in good faith effective and serious preparations to do such an act, has the right to continue to do the act or, as the case may be, to do the act, despite the grant of the patent. (2) The right conferred by subsection (1) does not extend to granting a licence to another person to do the act. (3) If the act was done, or the preparations were made, in the course of a business, the person entitled to the right conferred by subsection (1) may — ( a ) authorise the doing of that act by any partner of that person for the time being in that business; and ( b ) assign that right, or transmit it on death (or in the case of a body corporate on its dissolution) to any person who acquires that part of the business in the course of which the act was done or the preparations were made. (4) Where a product is disposed of to another person in exercise of the rights conferred by subsection (1) or (3), that other person and any person claiming through that other person may deal with the product in the same way as if it had been disposed of by the registered proprietor of the patent.


document_id: pa-1994
provision_ref: s72
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 72
title: Certificate of contested validity of patent
content:
72. —(1) Where in any proceedings before the court or the Registrar the validity of a patent to any extent is contested and that patent is found by the court or the Registrar to be wholly or partially valid, the court or the Registrar may certify the finding and the fact that the validity of the patent was so contested. (2) Where a certificate is granted under this section, then, if in any subsequent proceedings before the court for infringement of the patent or before the court or the Registrar for revocation of the patent, a final order or judgment is made or given in favour of the party relying on the validity of the patent as found in the earlier proceedings, that party, unless the court or the Registrar otherwise directs, is entitled to that party’s costs or expenses as between solicitor and own client other than the costs or expenses of any appeal in the subsequent proceedings. [Act 23 of 2019 wef 01/04/2022]


document_id: pa-1994
provision_ref: s73
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 73
title: Proceedings for infringement by co-owner
content:
73. —(1) In the application of section 66 to a patent of which there are 2 or more joint proprietors, the reference to the proprietor is to be construed — ( a ) in relation to any act, as a reference to that proprietor or those proprietors who, by virtue of section 46 or any agreement mentioned in that section, is or are entitled to do that act without its amounting to an infringement; and ( b ) in relation to any consent, as a reference to that proprietor or those proprietors who, by virtue of section 46 or any such agreement, is or are the proper person or persons to give the requisite consent. (2) One of 2 or more joint proprietors of a patent may without the concurrence of the others bring proceedings in respect of an act alleged to infringe the patent, but must not do so unless the others are made parties to the proceedings; but any of the others if made a defendant shall not be liable for any costs or expenses unless the defendant files and serves a notice of intention to contest or not contest and takes part in the proceedings. [Act 25 of 2021 wef 01/04/2022]


document_id: pa-1994
provision_ref: s74
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 74
title: Proceedings for infringement by exclusive licensee
content:
74. —(1) The holder of an exclusive licence under a patent has the same right as the proprietor of the patent to bring proceedings in respect of any infringement of the patent committed after the date of the licence; and references to the proprietor of the patent in this Act relating to infringement are to be construed accordingly. (2) In awarding damages or granting any other relief in any such proceedings, the court is to take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such as a result of the infringement, or, as the case may be, the profits derived from the infringement, so far as it constitutes an infringement of the rights of the exclusive licensee as such. [Act 23 of 2019 wef 01/04/2022] (3) In any proceedings taken by an exclusive licensee by virtue of this section, the proprietor of the patent need not be made a party to the proceedings, but if made a defendant shall not be liable for any costs or expenses unless the defendant files and serves a notice of intention to contest or not contest and takes part in the proceedings. [Act 25 of 2021 wef 01/04/2022]


document_id: pa-1994
provision_ref: s75
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 75
title: Effect of non-registration on infringement proceedings
content:
75. Where by virtue of a transaction, instrument or event to which section 43 applies a person becomes the proprietor or one of the proprietors or an exclusive licensee of a patent and the patent is subsequently infringed, the court is not to award the person damages or order that the person be given an account of the profits in respect of such a subsequent infringement occurring before the transaction, instrument or event is registered unless — ( a ) the transaction, instrument or event is registered within the period of 6 months beginning with its date; or ( b ) the court is satisfied that it was not practicable to register the transaction, instrument or event before the end of that period and that it was registered as soon as practicable thereafter. [Act 23 of 2019 wef 01/04/2022]


document_id: pa-1994
provision_ref: s76
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 76
title: Infringement of rights conferred by publication of application
content:
76. —(1) Where an application for a patent for an invention is published, then, subject to this section, the applicant has, as from the publication and until the grant of the patent, the same right as the applicant would have had, if the patent had been granted on the date of the publication of the application, to bring proceedings in the court for damages in respect of any act which would have infringed the patent. [Act 23 of 2019 wef 01/04/2022] (2) References in sections 66 to 69 and 73 to 75 to a patent and the proprietor of a patent are to be respectively construed as including references to any such application and the applicant, and references to a patent being in force, being granted, being valid or existing are to be construed accordingly. (3) The applicant is entitled to bring proceedings by virtue of this section in respect of any act only — ( a ) after the patent has been granted; and ( b ) if the act would, if the patent had been granted on the date of the publication of the application, have infringed not only the patent, but also the claims (as interpreted by the description and any drawings referred to in the description or claims) in the form in which they were contained in the application immediately before the preparations for its publication were completed by the Registry. (4) Section 69(3) and (4) does not apply to an infringement of the rights conferred by this section but in considering the amount of any damages for such an infringement, the court is to consider whether or not it would have been reasonable to expect, from a consideration of the application as published under section 27, that a patent would be granted conferring on the proprietor of the patent protection from an act of the same description as that found to infringe those rights, and if the court finds that it would not have been reasonable, the court is to reduce the damages to such an amount as the court thinks just. [Act 23 of 2019 wef 01/04/2022]


document_id: pa-1994
provision_ref: s77
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 77
title: Remedy for groundless threats of infringement proceedings
content:
77. —(1) Where a person (whether or not the proprietor of, or entitled to any right in, a patent) by circulars, advertisements or otherwise threatens another person with proceedings for any infringement of a patent, a person aggrieved by the threats (whether or not he or she is the person to whom the threats are made) may, subject to subsection (4), bring proceedings in the court against the person making the threats, claiming any relief mentioned in subsection (3). (2) In any such proceedings, the claimant, if the claimant proves that the threats were so made and satisfies the court that the claimant is a person aggrieved by them, is entitled to the relief claimed unless — ( a ) the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute an infringement of a patent; and ( b ) the patent alleged to be infringed is not shown by the claimant to be invalid in a relevant respect. [Act 25 of 2021 wef 01/04/2022] (3) The said relief is — ( a ) a declaration to the effect that the threats are unjustifiable; ( b ) an injunction against the continuance of the threats; and ( c ) damages in respect of any loss which the claimant has sustained by the threats. [Act 25 of 2021 wef 01/04/2022] (4) Proceedings may not be brought under this section for a threat to bring proceedings for an infringement alleged to consist of making or importing a product for disposal or of using a process. (5) A mere notification of the existence of a patent does not constitute a threat of proceedings within the meaning of this section. (6) Nothing in this section renders an advocate and solicitor or any other person liable to an action under this section in respect of an act done by the advocate and solicitor or the other person in the advocate and solicitor’s or the other person’s professional capacity on behalf of a client.


document_id: pa-1994
provision_ref: s78
chapter: PART 13 - INFRINGEMENT OF PATENTS
section: 78
title: Declaration as to non-infringement
content:
78. —(1) Without prejudice to the jurisdiction of the court to make a declaration apart from this section, a declaration that an act does not, or a proposed act would not, constitute an infringement of a patent may be made by the court in proceedings between the person doing or proposing to do the act and the proprietor of the patent, even though no assertion to the contrary has been made by the proprietor, if it is shown — ( a ) that that person has applied in writing to the proprietor for a written acknowledgment to the effect of the declaration claimed, and has furnished the proprietor with full particulars in writing of the act in question; and ( b ) that the proprietor has refused or failed to give any such acknowledgment. [Act 23 of 2019 wef 01/04/2022] (2) [ Deleted by Act 23 of 2019 wef 01/04/2022 ]


document_id: pa-1994
provision_ref: s80
chapter: PART 14 - REVOCATION OF PATENTS AND
section: 80
title: Power to revoke patents on application
content:
80. —(1) Subject to the provisions of this Act, the court or the Registrar may, on the application of any person, by order revoke a patent for an invention on (but only on) any of the following grounds: ( a ) the invention is not a patentable invention; ( b ) the patent was granted to a person who was not entitled (either alone or with other persons) to be granted that patent; ( c ) the specification of the patent does not disclose the invention clearly and completely for it to be performed by a person skilled in the art; ( d ) the matter disclosed in the specification of the patent extends beyond that disclosed — (i) in the application for the patent, as filed; or (ii) where the patent was granted on a new application filed under section 20(3) or 47(4) or section 116(6) of the Patents Act (Cap. 221, 1995 Revised Edition), or in accordance with section 26(11), in — (A) the earlier application made under this Act; (B) the application made under the United Kingdom Patents Act 1977; or (C) the application under the European Patent Convention designating the United Kingdom filed at the European Patent Office, (as the case may be) from which the filing date and the right of priority has been derived, as filed; ( e ) an amendment or a correction has been made to the specification of — (i) the patent; or (ii) the application for the patent, which should not have been allowed; ( f ) the patent was obtained — (i) fraudulently; (ii) on any misrepresentation; or (iii) on any non-disclosure or inaccurate disclosure of any prescribed material information, whether or not the person under a duty to provide the information knew or ought reasonably to have known of such information or the inaccuracy; ( g ) the patent is one of 2 or more patents for the same invention having the same priority date and filed by the same party or the party’s successor in title. [2/2007; 23/2019] [Act 23 of 2019 wef 01/04/2022] (2) On the application of any person for an order to revoke a patent on any of the grounds specified in subsection (1)( a ), ( c ), ( d ) and ( e ), the court or the Registrar may, subject to subsection (3), cause the patent to be re‑examined by an Examiner so as to determine whether the patent should be revoked on any of those grounds and require the applicant to pay the prescribed re‑examination fee. [Act 23 of 2019 wef 01/04/2022] (3) The court or the Registrar must not cause a patent to be re‑examined under subsection (2) where, within the prescribed period, the applicant for the revocation of the patent fails to give such security for the costs or expenses of the proceedings as the court or the Registrar may specify; in which case, the application for revocation is treated as having been abandoned. [Act 23 of 2019 wef 01/04/2022] (4) An application for the revocation of a patent on the ground mentioned in subsection (1)( b ) — ( a ) may only be made by a person found by the court in an action for a declaration or found by the court or the Registrar on a reference under section 47, to be entitled to be granted that patent or to be granted a patent for part of the matter comprised in the specification of the patent sought to be revoked; and ( b ) may not be made if that action was commenced or that reference was made after the end of the period of 2 years beginning with the date of the grant of the patent sought to be revoked, unless it is shown that any person registered as a proprietor of the patent knew at the time of the grant or of the transfer of the patent to the person that the person was not entitled (either alone or with other persons, as the case may be) to the patent. [23/2019] (5) An order under this section may be — ( a ) an order for the unconditional revocation of the patent; or ( b ) where one of the grounds mentioned in subsection (1) has been established, but only so as to invalidate the patent to a limited extent, an order that the patent should be revoked unless within a specified time the specification is amended under section 83 to the satisfaction of the court or the Registrar, as the case may be. [Act 23 of 2019 wef 01/04/2022] (6) A decision of the Registrar or on appeal from the Registrar does not estop any party to any civil proceedings in which infringement of a patent is in issue from alleging invalidity of the patent on any of the grounds mentioned in subsection (1), whether or not any of the issues involved were decided in the decision. (7) An order under this section revoking a patent has effect from the date of the grant of the patent. (8) Where an applicant for the revocation of a patent discontinues or withdraws the application, the applicant must pay such costs or expenses of the proceedings as the court or the Registrar may determine. [Act 23 of 2019 wef 01/04/2022] (9) An application to the Registrar for an order to revoke a patent must be — ( a ) made in the prescribed form and filed at the Registry in the prescribed manner; and ( b ) accompanied by the prescribed fee. [Act 23 of 2019 wef 01/04/2022] (10) Section 92 does not apply in relation to the decision of the Registrar to cause a patent to be re-examined under this section. (11) Where an application is made to the Registrar under this section, the Registrar may at any stage of the proceedings refer the application to the court. [23/2019]


document_id: pa-1994
provision_ref: s81
chapter: PART 14 - REVOCATION OF PATENTS AND
section: 81
title: Registrar’s power to revoke patents on own initiative
content:
81. If it appears to the Registrar that an invention for which a patent has been granted formed part of the state of the art by virtue only of section 14(3), the Registrar may on the Registrar’s own initiative by order revoke the patent, but must not do so without giving the proprietor of the patent an opportunity of making any observation and of amending the specification of the patent so as to exclude any matter which formed part of the state of the art as aforesaid without contravening section 84. [23/2019]


document_id: pa-1994
provision_ref: s82
chapter: PART 14 - REVOCATION OF PATENTS AND
section: 82
title: Proceedings in which validity of patent may be put in issue
content:
82. —(1) Subject to this section, the validity of a patent may be put in issue — ( aa ) in a request for re‑examination of the specification of a patent under section 38A; ( a ) by way of defence, in proceedings for infringement of the patent under section 67 or proceedings under section 76 for infringement of rights conferred by the publication of an application; ( b ) in proceedings under section 77; ( c ) in proceedings in which a declaration in relation to the patent is sought under section 78; ( d ) in proceedings before the court or the Registrar under section 80 for the revocation of the patent; or [Act 23 of 2019 wef 01/04/2022] ( e ) in proceedings under section 56 or 58. [23/2019] (2) The validity of a patent may not be put in issue in any other proceedings and, in particular, no proceedings may be instituted (whether under this Act or otherwise) seeking only a declaration as to the validity or invalidity of a patent. (3) The only grounds on which the validity of a patent may be put in issue (whether in proceedings for revocation under section 80 or otherwise) are the grounds on which the patent may be revoked under that section. (4) No determination may be made in any proceedings mentioned in subsection (1) on the validity of a patent which any person puts in issue on the ground mentioned in section 80(1)( b ) unless — ( a ) it has been determined in entitlement proceedings commenced by that person or in the proceedings in which the validity of the patent is in issue that the patent should have been granted to that person and not some other person; and ( b ) except where it has been so determined in entitlement proceedings, the proceedings in which the validity of the patent is in issue are commenced before the end of the period of 2 years beginning with the date of the grant of the patent or it is shown that any person registered as a proprietor of the patent knew at the time of the grant or of the transfer of the patent to the person that he or she was not entitled (either alone or with other persons, as the case may be) to the patent. [23/2019] (5) Where the validity of a patent is put in issue by way of defence or counterclaim, the court or the Registrar must, if the court or Registrar thinks it just to do so, give the defendant an opportunity to comply with the condition in subsection (4)( a ). (6) In subsection (4), “entitlement proceedings”, in relation to a patent, means a reference under section 47(1) on the ground that the patent was granted to a person not entitled (either alone or with other persons) to it or proceedings for a declaration that it was so granted. [23/2019] (7) Where proceedings with respect to a patent are pending in the court under any provision of this Act mentioned in subsection (1), no proceedings may be instituted without the permission of the court before the Registrar with respect to that patent under section 80. [Act 23 of 2019 wef 01/04/2022] (8) For the purposes of this Act, the validity of a patent is not put in issue merely because the Registrar is considering its validity in order to decide whether to revoke it under section 81.


