# legal_provisions

document_id: nrfa-2006
provision_ref: s17
chapter: PART 4 - MISCELLANEOUS
section: 17
title: Disclosure of interests of member of Board or Council
content:
17. —(1) A member of the Board or Council who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board or Council (as the case may be) being an interest that could conflict with the proper performance of that member’s functions in relation to the consideration of the matter must, as soon as practicable after the relevant facts have come to the knowledge of that member, disclose the nature of that interest at a meeting of the Board or Council, as the case may be. (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the Board or Council, as the case may be.


document_id: nsa-2022
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the National Symbols Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: nsa-2022
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “canton”, in relation to a flag, means the top left quarter of the obverse of the flag; “national symbol” means a national symbol of Singapore declared by Part 2; “presidential symbol” means a presidential symbol of Singapore declared by Part 3.


document_id: nsa-2022
provision_ref: s3
chapter: PART 2 - NATIONAL SYMBOLS OF SINGAPORE
section: 3
title: National Flag
content:
3. —(1) The design and description of the National Flag of Singapore are set out in Part 1 of the First Schedule. (2) The National Flag of Singapore is declared to be a national symbol of Singapore.


document_id: nsa-2022
provision_ref: s4
chapter: PART 2 - NATIONAL SYMBOLS OF SINGAPORE
section: 4
title: National Anthem
content:
4. —(1) The lyrics and music of the National Anthem of Singapore are set out in Part 2 of the First Schedule. (2) The National Anthem of Singapore is declared to be a national symbol of Singapore.


document_id: nsa-2022
provision_ref: s5
chapter: PART 2 - NATIONAL SYMBOLS OF SINGAPORE
section: 5
title: National Pledge
content:
5. —(1) The words of the National Pledge of Singapore are set out, in each of the 4 official languages, in Part 3 of the First Schedule. (2) The National Pledge of Singapore is declared to be a national symbol of Singapore.


document_id: nsa-2022
provision_ref: s6
chapter: PART 2 - NATIONAL SYMBOLS OF SINGAPORE
section: 6
title: National Coat of Arms
content:
6. —(1) The design and description of the National Coat of Arms of Singapore are set out in Part 4 of the First Schedule. (2) The National Coat of Arms of Singapore is declared to be a national symbol of Singapore. (3) The National Coat of Arms of Singapore may also be called the State Crest of Singapore.


document_id: nsa-2022
provision_ref: s7
chapter: PART 2 - NATIONAL SYMBOLS OF SINGAPORE
section: 7
title: Public seal
content:
7. —(1) The design and description of the public seal of Singapore are set out in Part 5 of the First Schedule. (2) The public seal of Singapore is declared to be a national symbol of Singapore. (3) The public seal of Singapore is to be kept by the President.


document_id: nsa-2022
provision_ref: s8
chapter: PART 2 - NATIONAL SYMBOLS OF SINGAPORE
section: 8
title: Lion Head symbol
content:
8. The Lion Head symbol, as depicted in Part 6 of the First Schedule, is declared to be a national symbol of Singapore.


document_id: nsa-2022
provision_ref: s9
chapter: PART 2 - NATIONAL SYMBOLS OF SINGAPORE
section: 9
title: National flower
content:
9. —(1) The national flower of Singapore is specified in Part 7 of the First Schedule. (2) The national flower of Singapore is declared to be a national symbol of Singapore.


document_id: nsa-2022
provision_ref: s10
chapter: PART 3 - PRESIDENTIAL SYMBOLS OF SINGAPORE
section: 10
title: Presidential Standard
content:
10. —(1) The design and description of the Presidential Standard are set out in Part 1 of the Second Schedule. (2) The Presidential Standard is declared to be a presidential symbol of Singapore.


document_id: nsa-2022
provision_ref: s11
chapter: PART 3 - PRESIDENTIAL SYMBOLS OF SINGAPORE
section: 11
title: Presidential Coat of Arms
content:
11. —(1) The design and description of the Presidential Coat of Arms are set out in Part 2 of the Second Schedule. (2) The Presidential Coat of Arms is declared to be a presidential symbol of Singapore. (3) The Presidential Coat of Arms may also be called the Presidential Crest.


document_id: nsa-2022
provision_ref: s12
chapter: PART 3 - PRESIDENTIAL SYMBOLS OF SINGAPORE
section: 12
title: Seal of President
content:
12. —(1) The design and description of the seal of the President are set out in Part 3 of the Second Schedule. (2) The seal of the President is declared to be a presidential symbol of Singapore. (3) The seal of the President is to be kept by the President.


document_id: nsa-2022
provision_ref: s13
chapter: PART 4 - GENERAL PROVISIONS
section: 13
title: Amendment of Schedules
content:
13. The President may, by Proclamation in the Gazette , amend any of the Schedules in relation to any aspect or description of a national symbol or presidential symbol.


document_id: nsa-2022
provision_ref: s14
chapter: PART 4 - GENERAL PROVISIONS
section: 14
title: Regulations
content:
14. —(1) The President may make regulations for the purposes of this Act. (2) Without limiting subsection (1), the regulations may — ( a ) regulate the circumstances and manner in which a national symbol or presidential symbol may be used; ( b ) enable a prescribed person to permit or prohibit the use of a national symbol or presidential symbol, and provide for appeals against the prescribed person’s decisions; ( c ) provide that the contravention of a regulation is an offence; and ( d ) prescribe the penalty for an offence under the regulations, which penalty must not exceed a fine of $30,000 or imprisonment for a term not exceeding 6 months or both.


document_id: nsa-2022
provision_ref: s15
chapter: PART 4 - GENERAL PROVISIONS
section: 15
title: Consent of Public Prosecutor
content:
15. A prosecution under this Act may only be instituted by or with the consent of the Public Prosecutor.


document_id: nsa-2022
provision_ref: s17
chapter: PART 5 - REPEAL AND RELATED AMENDMENTS
section: 17
title: Related amendment to Evidence Act 1893
content:
17. Section 59(1) of the Evidence Act 1893 is amended by deleting paragraph ( f ) and substituting the following paragraph: “ ( f ) the public seal, the seal of the President, the seals of all the courts in Singapore, the seals of notaries public, all seals that any person is authorised to use by any law in force for the time being in Singapore, and all seals of which English courts take judicial notice; ”.


document_id: nsa-2022
provision_ref: s18
chapter: PART 5 - REPEAL AND RELATED AMENDMENTS
section: 18
title: Related amendment to Foreign Interference (Countermeasures) Act 2021
content:
18. Section 117(1) of the Foreign Interference (Countermeasures) Act 2021 is amended by deleting the words “National Emblems” in paragraph ( b )(iv) and substituting the words “Foreign National Emblems”.


document_id: nsa-2022
provision_ref: s19
chapter: PART 5 - REPEAL AND RELATED AMENDMENTS
section: 19
title: Related amendments to National Emblems (Control of Display) Act 1949
content:
19. The National Emblems (Control of Display) Act 1949 is amended — ( a ) by deleting the words “national emblems” in the following provisions and substituting in each case the words “foreign national emblems”: Long title Section 3 (section heading); ( b ) by deleting the words “National Emblems” in section 1 and substituting the words “Foreign National Emblems”; ( c ) by deleting the definition of “national emblem” in section 2 and substituting the following definition: “ “foreign national emblem” means any flag, banner or other emblem being or purporting to be the flag, banner or other emblem of any state, or the flag, banner or other emblem of any political organisation claiming to be a national movement in any state or any likeness or resemblance however reproduced of any national leader or former national leader of any state or the leader or former leader of any such political organisation; ”; and ( d ) by deleting the words “national emblem” in the following provisions and substituting in each case the words “foreign national emblem”: Section 3(1) Section 4( a ) and ( b ) Section 5 Section 7 Section 8(1)( a ) and ( b ).


document_id: nsea-1970
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “employee” includes any person seeking employment; “employer” includes any person desiring to employ other persons; “register” means the register established and maintained under section 4; “registered person” means a person whose name appears for the time being in the register.


document_id: nsea-1970
provision_ref: s3
section: 3
title: Appointment of Director and Assistant Directors
content:
3. —(1) The Minister may appoint an officer to be styled the Director of Employment (referred to in this Act as the Director), and may appoint such number of Assistant Directors of Employment as he may think fit. (2) The Director shall have superintendence of all matters relating to this Act, subject to the direction and control of the Minister. (3) The Assistant Directors may perform all the duties imposed and exercise all the powers conferred on the Director by this Act. (4) All appointments made under this section shall be published in the Gazette .


document_id: nsea-1970
provision_ref: s4
section: 4
title: Register
content:
4. —(1) The Director shall establish and maintain a register of persons who have completed full-time national service under any written law for the time being in force relating to national service or enlistment. (2) The register shall be maintained in such form, and entries therein, and alterations and removals of those entries, shall be made in such manner as the Minister may determine.


document_id: nsea-1970
provision_ref: s5
section: 5
title: Powers of Minister to make orders directing employment of registered persons
content:
5. —(1) The Minister may, by order published in the Gazette , direct that, after such date as may be specified therein, an employer to whom the order applies shall not, except with the written consent of the Director, engage or re-engage any employee otherwise than from among registered persons. (2) No order made under subsection (1) shall apply to an employer who takes or offers to take into his employment at any time a person whom apart from that subsection it would have been his duty to take into employment either — ( a ) by virtue of any written law; or ( b ) by virtue of any agreement made before 2 January 1971. (3) An order made under subsection (1) may be made so as to apply — ( a ) either to all employers or to such employers or class of employers as may be specified in the order; and ( b ) either to all employees or to such employees or class of employees as may be specified in the order, and may provide that any directions contained in the order shall not apply in any specified circumstances. (4) Any employer who contravenes the provisions of an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000, and in respect of each employee employed by him in contravention of any such provision, to a further fine not exceeding $50 for every day on which that employee is so employed. (5) Where, in respect of the employment of any person, there has been any contravention of the provisions of an order made under subsection (1), the person shall not, by reason only of that contravention, be deemed to be employed under an illegal contract of employment. (6) Any order made under subsection (1) may be varied or revoked by a subsequent order of the Minister published in the Gazette .


document_id: nsea-1970
provision_ref: s6
section: 6
title: Provisions for exemption and appeals
content:
6. —(1) If an employer to whom an order made under section 5(1) applies is unable to find a registered person whom he considers suitable to fill any vacancy, the employer may, after obtaining the written consent of the Director, employ any other person to fill the vacancy. (2) If the Director refuses to give his consent to the employment of any other person in the circumstances set out in subsection (1), he shall notify the employer in writing of the refusal and his reasons therefor, and if the employer is dissatisfied with the refusal he may, within 14 days of the refusal, appeal to the Appeals Board appointed under subsection (3). (3) For the purposes of hearing appeals under subsection (2), the Minister shall appoint an Appeals Board consisting of such number of persons as he may think fit. (4) The decision of the Appeals Board on every appeal under this section shall be final and conclusive and shall not be called in question in any court.


document_id: nsea-1970
provision_ref: s7
section: 7
title: Obligation of employee to notify Director
content:
7. —(1) Any registered person shall, upon securing employment, notify the Director in writing within 7 days of the employment. (2) Any person who fails to comply with subsection (1) shall have his name deleted from the register.


document_id: nsea-1970
provision_ref: s8
section: 8
title: Entry into premises and furnishing of information
content:
8. —(1) The Director, or any public officer authorised in writing by the Director, may for the purposes of this Act, on producing, if so required, documentary evidence of his identity — ( a ) enter, at any reasonable time, any premises other than premises used solely as a dwelling; ( b ) request any person whom the Director or the public officer has reason to believe to be an employer or an employee to produce to him and to allow him to examine such documents and to furnish him such information, being documents or information in the possession or under the control of the person, as the Director or the public officer may specify. (2) Any person who — ( a ) wilfully obstructs the Director or any such public officer in the exercise of any of his powers under subsection (1); ( b ) fails to produce or furnish any document or information in accordance with a request made to him under subsection (1); or ( c ) knowingly makes any false statement for any purpose connected with this Act, 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.


document_id: nsea-1970
provision_ref: s9
section: 9
title: Powers of Director to summon any person
content:
9. —(1) If the Director has reason to believe that any provision of this Act has been contravened or if he wishes to inquire into any matter connected with the provisions of this Act, he may summon any person who he has reason to believe is able to give information respecting the matter, and the person so summoned shall attend at the time and place specified in the summons and answer truthfully all questions which the Director may put to him. (2) Any person so summoned who neglects to attend as required by the summons shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both.


document_id: nsea-1970
provision_ref: s10
section: 10
title: Offences by corporations
content:
10. Where any offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any reckless neglect of duty on the part of, any director, manager, secretary or other officer of the body corporate, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


document_id: nsea-1970
provision_ref: s11
section: 11
title: Rules
content:
11. The Minister may make rules for carrying out or giving effect to the provisions of this Act, and, without prejudice to the generality of the foregoing power, may make rules — ( a ) prescribing matters which are to constitute conditions of, or disqualifications from, the retention in the register of the names of any persons, either generally or in particular circumstances; and ( b ) prescribing the issue of certificates to persons whose names appear on the register and the custody, use and delivery up of those certificates.


document_id: ntuca-2005
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Board” means the Board of Trustees of the university company mentioned in its constituent documents; “constituent documents”, in relation to the university company, means the memorandum of association and articles of association of the university company; “predecessor university” means the Nanyang Technological University established under the repealed Nanyang Technological University Act (Cap. 192, 1992 Revised Edition); “university company” means the company limited by guarantee incorporated under the Companies Act 1967 under the name “Nanyang Technological University”. (2) To avoid doubt — ( a ) any reference in this Act to property vested in the predecessor university is a reference to such property, whether situated in Singapore or elsewhere; and ( b ) any reference in this Act to rights or liabilities of the predecessor university is a reference to such rights to which the predecessor university is entitled or such liabilities to which the predecessor university is subject (as the case may be) whether under the laws of Singapore or of any country outside Singapore, and includes such rights or liabilities arising under loans raised by the predecessor university.


document_id: ntuca-2005
provision_ref: s3
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 3
title: Function of university company
content:
3. The function of the university company is to pursue, within the limits of the financial resources available to it, the objects provided by its constituent documents and, in particular, to confer and award degrees, diplomas and certificates, including honorary degrees and other distinctions.


document_id: ntuca-2005
provision_ref: s4
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 4
title: Accountability and evaluation
content:
4. —(1) The university company must comply with the accountability framework set out by way of any written agreement between the university company and the Minister or any person authorised by the Minister. (2) The university company must evaluate the performance of its activities in accordance with such quality assurance framework as the Minister may determine. (3) The university company must participate in the evaluation of its activities by any external review panel that the Minister may commission from time to time.


document_id: ntuca-2005
provision_ref: s5
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 5
title: Directions in respect of policies on higher education in Singapore
content:
5. —(1) The Minister may, in consultation with the university company, establish any policies on higher education in Singapore that the Minister thinks fit and may direct the university company to implement those policies. (2) The university company must comply with any direction given by the Minister under subsection (1).


document_id: ntuca-2005
provision_ref: s6
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 6
title: Appointment to Board
content:
6. —(1) The Board consists of such number of trustees as the Minister may appoint. (2) The Minister may, at any time, remove or replace any trustee, or appoint new or additional trustees to the Board.


document_id: ntuca-2005
provision_ref: s7
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 7
title: Consent of Minister
content:
7. —(1) The prior written consent of the Minister is required for — ( a ) the admission of any person as a member of the university company and the removal of any such member; ( b ) the disposal of the whole or substantially the whole of the university company’s undertaking or property; ( c ) the voluntary winding up of the university company; ( d ) the addition, deletion or alteration of any provision of the constituent documents of the university company; and ( e ) the removal of any trustee from the Board. (2) The requirements under subsection (1) apply in addition to the requirements prescribed by the Companies Act 1967 and the Insolvency, Restructuring and Dissolution Act 2018 in respect of the matters referred to in subsection (1)( a ) to ( e ). [40/2018] (3) Any act done or agreement made in contravention of subsection (1) has no effect and is unenforceable at law.


document_id: ntuca-2005
provision_ref: s8
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 8
title: Provision of funds
content:
8. —(1) The Minister must pay to the university company such moneys as Parliament may provide from time to time for the funding of the university company. (2) All moneys paid to the university company under subsection (1) may only be applied or expended by the university company for such objects provided by its constituent documents as the Minister may allow.


document_id: ntuca-2005
provision_ref: s9
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 9
title: Access to accounts and summary of financial statements
content:
9. —(1) The Minister or a person authorised by the Minister (called in this section an authorised person) is entitled, at all reasonable times, to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the university company. (2) The Minister or an authorised person may require any person to provide any information in that person’s possession, or to which that person has access, that the Minister or authorised person considers necessary for ascertaining — ( a ) whether moneys paid to the university company under section 8 were applied or expended in accordance with that section; or ( b ) any other matters that the Minister or authorised person considers necessary. (3) The university company must make available to the public, at such frequency and in such manner as the Minister may determine, a summary of the financial statements of the university company which must be in such form and contain such information as the Minister may determine. (4) Any person who, without reasonable excuse, fails to comply with any requirement of the Minister or an authorised person under subsection (2), or who otherwise hinders, obstructs or delays the Minister or an authorised person in the performance of his or her duties or in the exercise of his or her powers under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: ntuca-2005
provision_ref: s10
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 10
title: Application of Societies Act 1966 to student bodies
content:
10. —(1) Despite anything to the contrary in the Societies Act 1966, the provisions of that Act have effect in relation to any student body constituted pursuant to the provisions of the constituent documents of the university company. (2) The Minister charged with the responsibility for societies may, by order in the Gazette , exempt any student body mentioned in subsection (1) from all or any of the provisions of the Societies Act 1966 subject to any conditions specified in the order.


document_id: ntuca-2005
provision_ref: s11
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 11
title: Act to prevail over constituent documents, etc.
content:
11. —(1) Any provision of the constituent documents, or any regulation of the university company made pursuant to any provision of the constituent documents, that is inconsistent with any provision of this Act is, to the extent of the inconsistency, void. (2) Nothing in this Act is to be construed as excusing or exempting the university company from complying with any written law that, apart from this Act, would apply to the university company.


document_id: ntuca-2005
provision_ref: s12
chapter: PART 3 - TRANSFER OF PROPERTY, RIGHTS, LIABILITIES,
section: 12
title: Transfer to university company of property, rights and liabilities
content:
12. —(1) On 1 April 2006, such property, rights and liabilities comprised in the undertaking of the predecessor university determined by the Minister and agreed to by the Minister for Finance are, by virtue of this section and without further assurance, act or deed, transferred to and vested in the university company. (2) Any property which by any scheme, will or other instrument or otherwise was held upon trust for any specific foundation or object of the predecessor university and which has been transferred to or vests in the university company by virtue of subsection (1) must, after the transfer or vesting, be held upon trust for and applied as far as possible to the like foundation or object of the university company. (3) Any property which was held upon any trust and which has been transferred to or vests in the university company by virtue of subsection (1) must, after the transfer or vesting, be held upon the same trust. (4) If any question arises as to whether any particular property, right or liability has been transferred to or vested in the university company under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, right or liability was or was not so transferred or vested. (5) Any immovable property to be transferred to and vested in the university company under subsection (1) must be held by the university company upon the tenure and subject to the terms and conditions determined by the President. (6) All proceedings by or against the predecessor university which were commenced before 1 April 2006 and which are pending on that date may be continued, completed and enforced by or against the university company on and after that date. (7) Every agreement relating to any of the transferred properties to which the predecessor university was a party immediately before 1 April 2006, whether or not of a nature that the rights and liabilities under the agreement can be assigned, has effect on and after that date as if — ( a ) the university company had been a party to the agreement; and ( b ) every reference in the agreement to the predecessor university were substituted in respect of anything to be done on or after that date with a reference to the university company.


document_id: ntuca-2005
provision_ref: s13
chapter: PART 3 - TRANSFER OF PROPERTY, RIGHTS, LIABILITIES,
section: 13
title: Transfer of employees
content:
13. —(1) On and after 1 April 2006, all persons employed immediately before that date by the predecessor university must be transferred to the service of the university company on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until the terms and conditions of service are drawn up by the university company, the scheme and terms and conditions of service in the predecessor university continue to apply to every person transferred to the service of the university company under subsection (1) as if the person were still in the service of the predecessor university.


document_id: ntuca-2005
provision_ref: s14
chapter: PART 3 - TRANSFER OF PROPERTY, RIGHTS, LIABILITIES,
section: 14
title: Service rights, etc., of transferred employees
content:
14. —(1) The university company must, in drawing up the terms and conditions of service of any person transferred to the service of the university company under section 13, consider the terms and conditions of service, including any accrued rights to leave, enjoyed by that person while in the employment of the predecessor university. (2) The university company must, in drawing up any term or condition relating to the length of service of any person with the university company, provide for the recognition of service under the predecessor university by that person to be service under the university company.


document_id: ntuca-2005
provision_ref: s15
chapter: PART 3 - TRANSFER OF PROPERTY, RIGHTS, LIABILITIES,
section: 15
title: Existing contracts
content:
15. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2006 to which the predecessor university is a party continue in force on and after that date and are enforceable by or against the university company as if the university company had been named in them or had been a party to them instead of the predecessor university.


document_id: ntuca-2005
provision_ref: s16
chapter: PART 3 - TRANSFER OF PROPERTY, RIGHTS, LIABILITIES,
section: 16
title: Continuation and completion of disciplinary proceedings
content:
16. —(1) Where any disciplinary proceedings commenced before 1 April 2006 against — ( a ) any employee of the predecessor university transferred to the service of the university company under section 13; or ( b ) any student of the predecessor university, are pending on that date, the proceedings must, on and after that date, be carried on and completed by the university company. (2) Where any hearing or investigation by a duly authorised committee of the predecessor university has commenced before 1 April 2006, but no order, ruling or direction has been made immediately before that date, the committee must, on or after that date, complete the hearing or investigation and may make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under subsection (2) is to be treated as an order, ruling or direction of the university company and has the same force and effect as if it had been made by a duly authorised committee of the university company.


document_id: ntuca-2005
provision_ref: s17
chapter: PART 3 - TRANSFER OF PROPERTY, RIGHTS, LIABILITIES,
section: 17
title: Misconduct or neglect of duty by employee before transfer
content:
17. The university company may reprimand, reduce in rank, retire, dismiss or punish in any other manner a person who had, while the person was in the employment of the predecessor university, been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in any other manner if the person had continued to be in the employment of the predecessor university, and if this Act had not been enacted.


document_id: ntuca-2005
provision_ref: s18
chapter: PART 4 - MISCELLANEOUS
section: 18
title: Students’ Union
content:
18. On 1 April 2006, the students’ association known as the Nanyang Technological University Students’ Union and its constituent bodies are deemed to be constituted pursuant to the provisions of the constituent documents of the university company.


document_id: ntuca-2005
provision_ref: s19
chapter: PART 4 - MISCELLANEOUS
section: 19
title: Register of Guild of Graduates
content:
19. The provisions of the Schedule apply to all persons whose names are on the register of the Guild of Graduates of the predecessor university.


document_id: nusca-2005
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Board” means the Board of Trustees of the university company mentioned in its constituent documents; “constituent documents”, in relation to the university company, means the memorandum of association and articles of association of the university company; “predecessor university” means the National University of Singapore established under the repealed National University of Singapore Act (Cap. 204, 2002 Revised Edition); “university company” means the company limited by guarantee incorporated under the Companies Act 1967 under the name “National University of Singapore”. (2) To avoid doubt — ( a ) any reference in this Act to property vested in the predecessor university is a reference to such property, whether situated in Singapore or elsewhere; and ( b ) any reference in this Act to rights or liabilities of the predecessor university is a reference to such rights to which the predecessor university is entitled or such liabilities to which the predecessor university is subject (as the case may be) whether under the laws of Singapore or of any country outside Singapore, and includes such rights or liabilities arising under loans raised by the predecessor university.


document_id: nusca-2005
provision_ref: s9
chapter: PART 2 - PROVISIONS RELATING TO UNIVERSITY COMPANY
section: 9
title: Access to accounts and summary of financial statements
content:
9. —(1) The Minister or a person authorised by the Minister (called in this section an authorised person) is entitled, at all reasonable times, to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the university company. (2) The Minister or an authorised person may require any person to provide him or her with any information in that person’s possession, or to which that person has access, that the Minister or authorised person considers necessary for ascertaining — ( a ) whether moneys paid to the university company under section 8 were applied or expended in accordance with that section; and ( b ) any other matters that the Minister or authorised person considers necessary. (3) The university company must make available to the public, at such frequency and in such manner as the Minister may determine, a summary of the financial statements of the university company which must be in such form and contain such information as the Minister may determine. (4) Any person who, without reasonable excuse, fails to comply with any requirement of the Minister or an authorised person under subsection (2) or who otherwise hinders, obstructs or delays the Minister or an authorised person in the performance of his or her duties or in the exercise of his or her powers under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: nusca-2005
provision_ref: s12
chapter: PART 3 - TRANSFER OF PROPERTY, RIGHTS, LIABILITIES, EMPLOYEES, ETC., TO UNIVERSITY COMPANY
section: 12
title: Transfer to university company of property, rights and liabilities
content:
12. —(1) As from 1 April 2006, such property, rights and liabilities comprised in the undertaking of the predecessor university determined by the Minister and agreed to by the Minister for Finance are, by virtue of this section and without further assurance, act or deed, transferred to and vested in the university company. (2) Any property which by any scheme, will or other instrument or otherwise was held upon trust for any specific foundation or object of the predecessor university and which has been transferred to or vests in the university company by virtue of subsection (1) must, after the transfer or vesting, be held upon trust for and applied as far as possible to the like foundation or object of the university company. (3) Any property which was held upon any trust and which has been transferred to or vests in the university company by virtue of subsection (1) must, after the transfer or vesting, be held upon the same trust. (4) If any question arises as to whether any particular property, right or liability has been transferred to or vested in the university company under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, right or liability was or was not so transferred or vested. (5) Any immovable property to be transferred to and vested in the university company under subsection (1) must be held by the university company upon the tenure and subject to the terms and conditions determined by the President. (6) Despite section 145 of the Land Titles Act 1993, it is not necessary for the university company to make any application to the Registrar of Titles to enter in the land‑register a memorial of the vesting in favour of the university company of all mortgages or charges of registered land comprised in the undertakings transferred to and vested in the university company under this Act. (7) Section 56(1) of the Land Titles Act 1993 does not apply to any instrument executed by the university company purporting to dispose of, or to create an interest in, mortgages or charges of registered land comprised in the undertakings transferred to and vested in the university company under this Act and does not prevent the registration of any such instrument executed by the university company, even though the university company may not be named as the proprietor or proprietors of the registered land in the land-register at the time of the registration of that instrument. (8) Despite section 4 of the Registration of Deeds Act 1988, it is not necessary for the university company to register the vesting in favour of the university company of all mortgages or charges of unregistered land comprised in the undertakings transferred to and vested in the university company under this Act, and the production of a Government Printer’s copy of this Act is admissible in any court as evidence of the university company’s interest in that land. (9) For the purposes of the Land Titles Act 1993 and the Registration of Deeds Act 1988, all caveats or memoranda of charge claiming an interest in land as mortgagee or chargee lodged by the predecessor university and subsisting as at 1 April 2006 are construed and have effect on and after that date as if every reference in them to the predecessor university were substituted with a reference to the university company. (10) All proceedings by or against the predecessor university which were commenced before 1 April 2006 and which are pending on that date may be continued, completed and enforced by or against the university company on and after that date. (11) Every agreement relating to any of the transferred properties to which the predecessor university was a party immediately before 1 April 2006, whether or not of a nature that the rights and liabilities under the agreement can be assigned, has effect on and after that date as if — ( a ) the university company had been a party to the agreement; and ( b ) every reference in the agreement to the predecessor university were substituted in respect of anything to be done on or after that date, with a reference to the university company.


document_id: nusca-2005
provision_ref: s13
chapter: PART 3 - TRANSFER OF PROPERTY, RIGHTS, LIABILITIES, EMPLOYEES, ETC., TO UNIVERSITY COMPANY
section: 13
title: Transfer of employees
content:
13. —(1) As from 1 April 2006, all persons employed immediately before that date by the predecessor university are transferred to the service of the university company on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until the terms and conditions of service are drawn up by the university company, the scheme and terms and conditions of service in the predecessor university continue to apply to every person transferred to the service of the university company under subsection (1) as if the person were still in the service of the predecessor university.


document_id: nusca-2005
provision_ref: s16
chapter: PART 3 - TRANSFER OF PROPERTY, RIGHTS, LIABILITIES, EMPLOYEES, ETC., TO UNIVERSITY COMPANY
section: 16
title: Continuation and completion of disciplinary proceedings
content:
16. —(1) Where any disciplinary proceedings commenced before 1 April 2006 against — ( a ) any employee of the predecessor university transferred to the service of the university company under section 13; or ( b ) any student of the predecessor university, are pending on that date, the proceedings must, on and after that date, be carried on and completed by the university company. (2) Where any hearing or investigation by a duly authorised committee of the predecessor university has commenced before 1 April 2006, but no order, ruling or direction has been made thereon immediately before that date, the committee must, on or after that date, complete the hearing or investigation and may make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under subsection (2) is to be treated as an order, ruling or direction of the university company and has the same force and effect as if it had been made by a duly authorised committee of the university company.


document_id: nusca-2005
provision_ref: s18
chapter: PART 4 - MISCELLANEOUS
section: 18
title: Predecessor university’s ASPF Scheme
content:
18. —(1) On 1 April 2006, all property, rights and liabilities of the predecessor university relating to the ASPF Scheme are transferred to and vest in the university company. (2) Any person who, immediately before 1 April 2006, was a member or former member of the ASPF Scheme continues, on and after that date, to be a member or former member (as the case may be) of the ASPF Scheme. (3) The university company must, on 28 December 2007, dissolve the ASPF Scheme in accordance with the First Schedule. (4) Despite the repeal of the National University of Singapore Act (Cap. 204, 2002 Revised Edition), until the time that the ASPF Scheme is dissolved — ( a ) section 15 of and the Second Schedule to the National University of Singapore Act (Cap. 204, 2002 Revised Edition) in force immediately before 1 April 2006 and Statute 18 remain in force and continue to apply to the ASPF Scheme; and ( b ) the Board of Trustees of the university company may amend Statute 18 for the purposes of alignment with the prevailing policy in respect of the treatment of moneys or investments under the Central Provident Fund Act 1953. (5) On 28 December 2007, the property and rights of the university company relating to the ASPF Scheme are transferred to and vest in the CPF Board in accordance with the First Schedule. (6) The Minister may, by order in the Gazette , amend the First Schedule. (7) In this section and the First Schedule, unless the context otherwise requires — “ASPF Scheme” means the Academic Staff Provident Fund Scheme established by the predecessor university under Statute 18; “CPF Board” means the Central Provident Fund Board established and constituted under the Central Provident Fund Act 1953; “Statute 18” means Statute 18 (Academic Staff Provident Fund Scheme) made pursuant to the National University of Singapore Act (Cap. 204, 2002 Revised Edition), as may be amended from time to time by the Board under subsection (4)( b ).


document_id: nusca-2005
provision_ref: s19
chapter: PART 4 - MISCELLANEOUS
section: 19
title: Students’ Union
content:
19. On 1 April 2006, the students’ association known as the National University of Singapore Students’ Union and its constituent bodies are deemed to be constituted pursuant to the provisions of the constituent documents of the university company.


document_id: nusca-2005
provision_ref: s20
chapter: PART 4 - MISCELLANEOUS
section: 20
title: Register of Guild of Graduates
content:
20. The provisions of the Second Schedule apply to all persons whose names are on the register of the Guild of Graduates of the predecessor university.


document_id: oca-2015
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “associate with” means — ( a ) to be in habitual company with; or ( b ) to habitually communicate with by any means (including by post, fax, telephone, email or any other form of electronic communication); “conduct” means any act or omission, any series of acts or omissions, or both; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “disqualification order” means a disqualification order mentioned in section 39; “document” means anything in which information of any description is recorded, whether in electronic or any other form; “engage”, in relation to any conduct, means to engage, directly or indirectly, in the conduct either alone or together with any other person or persons; “FRO” means a financial reporting order mentioned in section 21; “group” means a group of 3 or more individuals (whether or not ordinarily resident in Singapore), however organised, including by forming a company or association or body of persons, corporate or unincorporate, whether or not — ( a ) the company or association or body of persons is based within or outside Singapore; or ( b ) the company or association or body of persons is part of a larger group; “illegal purpose”, in relation to a locally-linked organised criminal group or an organised criminal group, means the purpose mentioned in the definition of “locally‑linked organised criminal group” or “organised criminal group”, respectively; “law enforcement agency” means — ( a ) the Singapore Police Force; ( b ) the Central Narcotics Bureau; ( c ) the Immigration & Checkpoints Authority; ( d ) the Commercial Affairs Department; [Act 19 of 2025 wef 05/12/2025] ( e ) any similar department or office of the Government prescribed by the Minister by notification in the Gazette ; or [Act 19 of 2025 wef 05/12/2025] ( f ) any similar department or office of a public body prescribed by the Minister by notification in the Gazette ; [Act 19 of 2025 wef 05/12/2025] “law enforcement officer” means — ( a ) a police officer; ( b ) an officer of the Central Narcotics Bureau; ( c ) an immigration officer appointed under section 3 of the Immigration Act 1959; ( d ) a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004; [Act 19 of 2025 wef 05/12/2025] ( e ) any other public officer or class of public officers authorised in writing by the Minister for the purposes of this Act; or [Act 19 of 2025 wef 05/12/2025] ( f ) any officer or class of officers of a public body authorised in writing by the Minister for the purposes of this Act; [Act 19 of 2025 wef 05/12/2025] “locally-linked organised criminal group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of any serious offence; “locally-linked organised criminal scam group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of any serious scam offence; [Act 21 of 2025 wef 30/12/2025] “OCPO” means an organised crime prevention order mentioned in section 15; “organised criminal group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of — ( a ) any serious offence; or ( b ) any act outside Singapore that, if the act occurred in Singapore, would constitute a serious offence; “organised criminal scam group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of — ( a ) any serious scam offence; or ( b ) any act outside Singapore that, if the act occurred in Singapore, would constitute a serious scam offence; [Act 21 of 2025 wef 30/12/2025] “Part 2 offence” means — ( a ) any offence under section 5, 6, 7, 8, 9, 10, 11 or 12; or ( b ) an abetment of, or a conspiracy or an attempt to commit, any offence mentioned in paragraph ( a ); “premises” includes any land, vehicle, vessel, aircraft or hovercraft; “property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property; “public body” means a body corporate established by a public Act for the purposes of a public function, but excludes a Town Council established under section 4 of the Town Councils Act 1988; [Act 19 of 2025 wef 05/12/2025] “serious offence” means any offence specified in Part 1 of the Schedule; [Act 21 of 2025 wef 30/12/2025] “serious scam offence” means any offence specified in Part 2 of the Schedule. [Act 21 of 2025 wef 30/12/2025] (2) For the purposes of this Act, a person ( A ) facilitates the commission of an offence by any other person so long as A facilitates any conduct which A knows, or has reasonable grounds to believe, may amount to the offence, whether or not A knows — ( a ) the particular offence being facilitated; ( b ) the exact details of the offence being facilitated; or ( c ) that an offence was actually committed. (3) For the purposes of this Act, a group of persons is capable of being an organised criminal group, whether or not — ( a ) any of the persons in the group are subordinates or employees of any other persons in the group; ( b ) only one or some of the persons in the group are involved in planning, organising or carrying out any serious offence in furtherance of the illegal purpose of the organised criminal group; or ( c ) the membership of the group changes from time to time. (4) In the following proceedings: ( a ) proceedings against any person for a Part 2 offence, or for any offence which is subject to the penalty under section 13; ( b ) any application for an OCPO or FRO, or a disqualification order, to be made against any person; ( c ) any application for an examination order to be made against any person under section 73; ( d ) any proceedings in relation to any application to be made against any person under Part 9, it is not necessary for the Public Prosecutor to prove that the person knew the identity of all or any of the persons who constitute the organised criminal group.


document_id: oca-2015
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “item subject to legal privilege”
content:
3. —(1) For the purposes of this Act, an item is subject to legal privilege if — ( a ) it is a communication made between a lawyer and a client, or a legal counsel acting as such and his or her employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be; ( b ) it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be; ( c ) it is a communication made — (i) between a client, or an employer of a legal counsel, and another person; (ii) between a lawyer acting for a client and either the client or another person; or (iii) between a legal counsel acting as such for his or her employer and either the employer or another person, in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer (as the case may be) is or may be, or was or might have been, a party; ( d ) it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph ( a ) or ( b ) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or ( e ) it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph ( c ) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel (as the case may be) is or may be, or was or might have been, a party, but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose. (2) In this section — “client”, in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client; “employer”, in relation to a legal counsel, includes — ( a ) if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, every corporation so related as if the legal counsel is also employed by each of the related corporations; ( b ) if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 and the legal counsel is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and ( c ) an employee or officer of the employer; “lawyer” means an advocate and solicitor, and includes an interpreter or other person who works under the supervision of an advocate and solicitor; “legal counsel” means a legal counsel as defined in section 3(7) of the Evidence Act 1893, and includes an interpreter or other person who works under the supervision of a legal counsel.


document_id: oca-2015
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Purpose of Act
content:
4. The purpose of this Act is to deal with organised crime with the object of — ( a ) punishing persons who are involved in the activities of organised criminal groups; ( b ) preventing, restricting and disrupting the activities of organised criminal groups and persons who are involved in such groups; ( c ) protecting members of the public from the harm caused, or likely to be caused, by such groups; ( d ) empowering a court to make various orders in order to prevent, restrict or disrupt the involvement of persons associated with such groups; and ( e ) establishing a regime for the confiscation of benefits from organised crime activities.


document_id: oca-2015
provision_ref: s5
chapter: PART 2 - ORGANISED CRIME OFFENCES
section: 5
title: Locally-linked organised criminal group membership
content:
5. —(1) Any person who is or acts as a member of a group, knowing or having reasonable grounds to believe that the group is a locally‑linked organised criminal group, commits an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (1A) Any person who is or acts as a member of a group, knowing that the group is a locally-linked organised criminal scam group, commits an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both, and shall also be punished with caning with not less than 6 strokes. [Act 21 of 2025 wef 30/12/2025] (2) In determining whether a person is guilty of an offence under subsection (1) or (1A), the matters which a court may consider include, but are not limited to — ( a ) that person’s involvement in meetings with known members of the group; ( b ) whether that person is identified as a member by known members (whether existing or former members) of the group; ( c ) whether that person adopts the style of dress, hand signs, language or tattoos used by known members of the group; ( d ) whether that person associates with known members of the group; ( e ) whether that person has recruited or attempted to recruit any other person to be a member of the group; ( f ) whether that person habitually visits premises or meeting places known to be used by the group, and the person knows or has reasonable grounds to believe that those premises or meeting places are owned or occupied by the group; ( g ) whether that person has been arrested more than once in the company of known members of the group for any serious offence that is consistent with the usual criminal activity of the group; ( h ) whether that person is identified as a member of the group by physical evidence such as photographs or other documentation; ( i ) whether that person has received or is receiving any financial or other material benefit from the group; ( j ) whether that person signed up to be a member of the group; and ( k ) whether that person has undergone any initiation ceremony or is subject to any disciplinary regime of the group. [Act 21 of 2025 wef 30/12/2025]


document_id: oca-2015
provision_ref: s6
chapter: PART 2 - ORGANISED CRIME OFFENCES
section: 6
title: Recruiting members for organised criminal group
content:
6. —(1) A person in Singapore commits an offence if the person — ( a ) incites, induces or invites another person (whether within or outside Singapore); or ( b ) uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person, to become a member of, or to assist in the management of, a group, knowing or having reasonable grounds to believe that the group is an organised criminal group. (2) A person outside Singapore commits an offence if the person — ( a ) incites, induces or invites another person (whether within or outside Singapore); or ( b ) uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person, to become a member of, or to assist in the management of, a group, knowing or having reasonable grounds to believe that the group is a locally-linked organised criminal group. (3) Subject to subsection (4), a person who commits an offence under subsection (1) or (2) shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (4) Where a person ( A ) commits an offence under subsection (1) or (2) and it is proved that A knows or has reasonable grounds to believe that the other person referred to in that subsection was, at the time of the offence, a vulnerable person or below 21 years of age, A shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $350,000 or to imprisonment for a term not exceeding 7 years or to both; or ( b ) in any other case, to a fine not exceeding $700,000. (5) A person in Singapore commits an offence if the person — ( a ) incites, induces or invites another person (whether within or outside Singapore); or ( b ) uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person, to become a member of, or to assist in the management of, a group, knowing that the group is an organised criminal scam group. [Act 21 of 2025 wef 30/12/2025] (6) A person outside Singapore commits an offence if the person — ( a ) incites, induces or invites another person (whether within or outside Singapore); or ( b ) uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person, to become a member of, or to assist in the management of, a group, knowing that the group is a locally-linked organised criminal scam group. [Act 21 of 2025 wef 30/12/2025] (7) Subject to subsection (8), a person who commits an offence under subsection (5) or (6) shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both, and shall also be punished with caning with not less than 6 strokes; or ( b ) in any other case, to a fine not exceeding $500,000. [Act 21 of 2025 wef 30/12/2025] (8) If a person ( A ) commits an offence under subsection (5) or (6) and it is proved that A knows or has reasonable grounds to believe that the other person mentioned in subsection (5) or (6) (as the case may be) was, at the time of the offence, a vulnerable person or below 21 years of age, A shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $350,000 or to imprisonment for a term not exceeding 7 years or to both, and shall also be punished with caning with not less than 6 strokes; or ( b ) in any other case, to a fine not exceeding $700,000. [Act 21 of 2025 wef 30/12/2025] (9) For the purposes of subsections (4) and (8), if it is proved that the other person mentioned in subsection (1), (2), (5) or (6) (as the case may be) was at the time of the offence, a vulnerable person or below 21 years of age, A is presumed, unless otherwise proven, to know or to have reasonable grounds to believe that that other person was, at the time of the offence, a vulnerable person or below 21 years of age (as the case may be). [Act 21 of 2025 wef 30/12/2025] (10) In this section, “vulnerable person” means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from any disability or disorder of the mind or brain which impairs the person’s ability to make a proper judgment in relation to whether or not to become a member of, or to assist in the management of, a locally-linked organised criminal group, locally-linked organised criminal scam group, organised criminal group or organised criminal scam group. [Act 21 of 2025 wef 30/12/2025]


document_id: oca-2015
provision_ref: s7
chapter: PART 2 - ORGANISED CRIME OFFENCES
section: 7
title: Instructing commission of offence for organised criminal group
content:
7. —(1) A person in Singapore commits an offence if the person instructs, directly or indirectly, any other person (whether within or outside Singapore) to commit — ( a ) a Part 2 offence (other than an offence under this section); or ( b ) an offence under any written law which the person instructing knows is at the direction of, or in furtherance of the illegal purpose of, an organised criminal group. (2) A person outside Singapore commits an offence if the person instructs, directly or indirectly, any other person (whether within or outside Singapore) to commit — ( a ) a Part 2 offence (other than an offence under this section); or ( b ) an offence under any written law which the person instructing knows is at the direction of, or in furtherance of the illegal purpose of, a locally-linked organised criminal group. (3) A person ( A ) who commits an offence under subsection (1) or (2) shall be guilty of an offence, and the punishment for the offence upon A ’s conviction is as follows: ( a ) if the offence instructed is not committed in consequence of A ’s instruction — the punishment provided for the offence instructed, but as modified by subsection (4); ( b ) if the offence instructed is committed in consequence of A ’s instruction — the punishment provided for the offence instructed, but as modified by subsection (5); ( c ) if the person instructed commits the offence instructed with a different intention or knowledge from A — the punishment provided for the offence which would have been committed if the offence had been done with the intention or knowledge of A , but as modified by subsection (5); ( d ) if the offence instructed is not committed but a different offence, which is a probable consequence of the instructed offence, is committed instead — the punishment provided for the different offence, but as modified by subsection (5); ( e ) if the different offence mentioned in paragraph ( d ) is committed in addition to the offence instructed, and constitutes a distinct offence — the punishment provided for the different offence mentioned in paragraph ( d ), and for the offence instructed, but as modified by subsection (5); ( f ) if A gave the instruction with the intention of causing a particular effect by the offence instructed, but another offence with a different effect from that intended by A is committed instead and A knew that the offence instructed was likely to cause the different effect — the punishment provided for the other offence with the different effect, but as modified by subsection (5). (4) For the purposes of subsection (3)( a ), the modifications are as follows: ( a ) where the punishment, or one of the punishments, prescribed for the offence instructed is a fine, the maximum amount of fine is twice the maximum amount of fine prescribed for the offence instructed; ( b ) where the punishment, or one of the punishments, prescribed for the offence instructed is a term of imprisonment (other than life imprisonment), the maximum imprisonment term is half of the maximum imprisonment term prescribed for the offence instructed; ( c ) where the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment, that punishment is replaced with an imprisonment term which must not exceed 10 years; ( d ) where — (i) the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment; and (ii) hurt is caused to any person as a result of an act for which the instructor is liable in consequence of the instruction, that punishment is replaced with an imprisonment for a term which must not exceed 20 years. (5) For the purposes of subsection (3)( b ) to ( f ), the modifications are as follows: ( a ) where the punishment, or one of the punishments, prescribed for the predicate offence is a fine, the maximum amount of fine is 4 times the maximum amount of fine prescribed for that offence; ( b ) where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to less than 4 years, the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 4 years; ( c ) where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to 4 years or more (other than life imprisonment), the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 10 years. (6) To avoid doubt, nothing in subsection (4)( a ) or ( b ) or (5) affects the minimum sentence which is fixed or specified under any written law. (7) In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that the accused instructed a particular person to commit an offence. (8) In subsection (5), “predicate offence” means — ( a ) in relation to subsection (3)( b ) — the offence instructed; ( b ) in relation to subsection (3)( c ) — the offence which would have been committed if the offence had been done with the intention or knowledge of A ; ( c ) in relation to subsection (3)( d ) — the different offence mentioned in that subsection; ( d ) in relation to subsection (3)( e ) — both the different offence mentioned in subsection (3)( d ) and the offence instructed; and ( e ) in relation to subsection (3)( f ) — the other offence with the different effect mentioned in that subsection.


document_id: oca-2015
provision_ref: s8
chapter: PART 2 - ORGANISED CRIME OFFENCES
section: 8
title:
Procuring expenditure or application of property to support, aid or promote certain offences related to organised criminal group

content:
8. —(1) A person in Singapore who procures from any other person (whether within or outside Singapore) any expenditure or application of any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of — ( a ) a Part 2 offence (other than an offence under this section); or ( b ) an offence under any written law, which is for the purpose of conferring a financial or other material benefit on an organised criminal group, commits an offence and shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( d ) in any other case, to a fine not exceeding $500,000. (2) A person outside Singapore who procures from any other person (whether within or outside Singapore) any expenditure or application of any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of — ( a ) a Part 2 offence (other than an offence under this section); or ( b ) an offence under any written law, which is for the purpose of conferring a financial or other material benefit on a locally‑linked organised criminal group, commits an offence and shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( d ) in any other case, to a fine not exceeding $500,000.


document_id: oca-2015
provision_ref: s9
chapter: PART 2 - ORGANISED CRIME OFFENCES
section: 9
title:
Expending or applying property to support, aid or promote certain offences related to organised criminal group

content:
9. —(1) A person in Singapore who expends or applies any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of — ( a ) a Part 2 offence (other than an offence under this section); or ( b ) an offence under any written law, which is for the purpose of conferring a financial or other material benefit on an organised criminal group, commits an offence and shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( d ) in any other case, to a fine not exceeding $500,000. (2) A person outside Singapore who expends or applies any property knowing or having reasonable grounds to believe that the expenditure or application of the property is in support of, or to aid or promote the commission of — ( a ) a Part 2 offence (other than an offence under this section); or ( b ) an offence under any written law, which is for the purpose of conferring a financial or other material benefit on a locally‑linked organised criminal group, commits an offence and shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( d ) in any other case, to a fine not exceeding $500,000.


document_id: oca-2015
provision_ref: s10
chapter: PART 2 - ORGANISED CRIME OFFENCES
section: 10
title: Allowing organised criminal group to use premises
content:
10. —(1) A person in Singapore who allows any group, or any member of a group, which the person knows or has reasonable grounds to believe is an organised criminal group, to use any premises (whether within or outside Singapore) owned or occupied by the person, or over which the person has control, in order to support, aid or promote the commission of — ( a ) a Part 2 offence (other than an offence under this section); or ( b ) an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the organised criminal group, commits an offence and shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( d ) in any other case, to a fine not exceeding $500,000. (2) A person outside Singapore who allows any group, or any member of a group, which the person knows or has reasonable grounds to believe is a locally-linked organised criminal group, to use any premises (whether within or outside Singapore) owned or occupied by the person, or over which the person has control, in order to support, aid or promote the commission of — ( a ) a Part 2 offence (other than an offence under this section); or ( b ) an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the locally‑linked organised criminal group, commits an offence and shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( d ) in any other case, to a fine not exceeding $500,000.


document_id: oca-2015
provision_ref: s11
chapter: PART 2 - ORGANISED CRIME OFFENCES
section: 11
title: Receiving, retaining, etc., property of organised criminal group
content:
11. —(1) A person in Singapore must not receive, retain, conceal, dispose of or otherwise deal with any property if the person knows or has reasonable grounds to believe that the property — ( a ) is illegally obtained by an organised criminal group; or ( b ) is used by an organised criminal group to commit, or to facilitate the commission of — (i) a Part 2 offence (other than an offence under this section); or (ii) an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the organised criminal group. (2) A person outside Singapore must not receive, retain, conceal, dispose of or otherwise deal with any property if the person knows or has reasonable grounds to believe that the property — ( a ) is illegally obtained by a locally-linked organised criminal group; or ( b ) is used by a locally-linked organised criminal group to commit, or to facilitate the commission of — (i) a Part 2 offence (other than an offence under this section); or (ii) an offence under any written law, which is for the purpose of conferring a financial or other material benefit on the locally-linked organised criminal group. (3) A person who contravenes subsection (1) or (2) commits an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or ( b ) in any other case, to a fine not exceeding $500,000.


document_id: oca-2015
provision_ref: s12
chapter: PART 2 - ORGANISED CRIME OFFENCES
section: 12
title: Facilitation of commission of offence by organised criminal group
content:
12. —(1) A person in Singapore commits an offence if the person engages in conduct which the person knows or has reasonable grounds to believe will facilitate — ( a ) the commission of a Part 2 offence (other than an offence under this section); or ( b ) the commission of any serious offence at the direction of, or in furtherance of the illegal purpose of, an organised criminal group. (2) A person outside Singapore commits an offence if the person engages in conduct which the person knows or has reasonable grounds to believe will facilitate — ( a ) the commission of a Part 2 offence (other than an offence under this section); or ( b ) the commission of any serious offence at the direction of, or in furtherance of the illegal purpose of, a locally-linked organised criminal group. (3) A person guilty of an offence under subsection (1) or (2) shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both; or ( b ) in any other case, to a fine not exceeding $200,000.


document_id: oca-2015
provision_ref: s13
chapter: PART 2 - ORGANISED CRIME OFFENCES
section: 13
title: Commission of offence for organised criminal group
content:
13. —(1) Where a court convicts a person for the commission, in Singapore, of an offence under any written law other than this Act (called the predicate offence) and it is proved that the offence — ( a ) was committed at the direction of a group which the person knows or has reasonable grounds to believe is an organised criminal group; or ( b ) was committed in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is an organised criminal group, the punishment which the court may impose is the same punishment provided for the predicate offence, but as modified by subsection (3). (2) Where a court convicts a person for the commission, outside Singapore, of an offence under any written law other than this Act (called the predicate offence) and it is proved that the offence — ( a ) was committed at the direction of a group which the person knows or has reasonable grounds to believe is a locally‑linked organised criminal group; or ( b ) was committed in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is a locally-linked organised criminal group, the punishment which the court may impose is the same punishment provided for the predicate offence, but as modified by subsection (3). (3) For the purposes of subsections (1) and (2), the modifications are as follows: ( a ) where the punishment, or one of the punishments, prescribed for the predicate offence is a fine, the maximum amount of fine is twice the maximum amount of fine prescribed for the predicate offence; ( b ) where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to less than 4 years, the maximum imprisonment term is an imprisonment term not exceeding a period equal to the maximum imprisonment term for the predicate offence plus 2 years; ( c ) where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to 4 years or more (other than life imprisonment), the maximum imprisonment term is an imprisonment term not exceeding a period equal to the maximum imprisonment term for the predicate offence plus 5 years. (4) To avoid doubt, nothing in subsection (3) affects the minimum sentence which is fixed or specified under any written law.


document_id: oca-2015
provision_ref: s14
chapter: PART 3 - ORGANISED CRIME PREVENTION ORDERS
section: 14
title: Interpretation of this Part and Parts 4 and 5
content:
14. —(1) In this Part and Parts 4 and 5, unless the context otherwise requires — “public” includes a section of the public or a particular member of the public; “relevant parties”, in relation to an OCPO or FRO, means — ( a ) the Public Prosecutor; and ( b ) the person in relation to whom the OCPO or FRO is to be made, or the person who is the subject of the OCPO or FRO, as the case may be. (2) For the purposes of this Act, a person ( A ) is involved in a serious offence associated with an organised criminal group if conditions X in subsection (3), or conditions Y in subsection (4), are met. (3) Conditions X are — ( a ) A , in Singapore, has committed the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence); ( b ) A , in Singapore, has facilitated the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by any other person; or ( c ) the conduct of A in Singapore was such that it was likely to facilitate the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by A or any other person, and the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) — ( d ) is at the direction of a group which A knows or has reasonable grounds to believe is an organised criminal group; or ( e ) is in furtherance of the illegal purpose of a group which A knows or has reasonable grounds to believe is an organised criminal group. (4) Conditions Y are — ( a ) A , outside Singapore, has committed the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence); ( b ) A , outside Singapore, has facilitated the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by any other person; or ( c ) the conduct of A outside Singapore was such that it was likely to facilitate the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by A or any other person, and the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) — ( d ) is at the direction of a group which A knows or has reasonable grounds to believe is a locally-linked organised criminal group; or ( e ) is in furtherance of the illegal purpose of a group which A knows or has reasonable grounds to believe is a locally‑linked organised criminal group. (5) For the purposes of this Act, a person ( A ) is involved in a Part 2 offence if — ( a ) A has committed the Part 2 offence; ( b ) A has facilitated the commission of the Part 2 offence by any other person; or ( c ) the conduct of A was such that it was likely to facilitate the commission of the Part 2 offence by A or any other person. (6) For the purposes of this Part and Parts 4 and 5, references to a person who is the subject of an OCPO or FRO are references to a person against whom the public is to be protected. Division 2 &#x2014; General


document_id: oca-2015
provision_ref: s15
chapter: PART 3 - ORGANISED CRIME PREVENTION ORDERS
section: 15
title: Organised crime prevention orders
content:
15. —(1) Subject to the provisions of Part 5, the General Division of the High Court may, upon the application of the Public Prosecutor, make an organised crime prevention order against a person if, upon giving the person a reasonable opportunity to be heard — ( a ) the court is satisfied, on a balance of probabilities, that the person has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group; and ( b ) the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence, or any serious offence associated with an organised criminal group. [40/2019] (2) Subject to the provisions of Part 5, where a court convicts any person for having committed — ( a ) a Part 2 offence; or ( b ) a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, the court may, upon the application of the Public Prosecutor, and upon giving the person a reasonable opportunity to be heard, make an organised crime prevention order at the time of sentencing the person if the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence or any serious offence associated with an organised criminal group. (3) An organised crime prevention order made under this section may contain — ( a ) such prohibitions, restrictions or requirements; and ( b ) such other terms, as the court considers appropriate for the purpose of protection as mentioned in subsection (1) or (2). (4) Rules of Court may provide for the manner in which an application under subsection (1) may be made. (5) To avoid doubt, any defence that is available to a person who is prosecuted for a Part 2 offence or serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, is also available to the person in any proceedings under this section for the same act. (6) A reference in subsection (1) to involvement in a serious offence associated with an organised criminal group includes involvement at any time (whether before, on or after 1 June 2016) in a serious offence associated with an organised criminal group.


document_id: oca-2015
provision_ref: s16
chapter: PART 3 - ORGANISED CRIME PREVENTION ORDERS
section: 16
title: Type of provision that may be made by organised crime prevention orders
content:
16. —(1) This section contains examples of, but does not limit, the type of provision that may be made by an OCPO. (2) Examples of prohibitions, restrictions or requirements that may be imposed on a person who is an individual (including a partner in a partnership) by an OCPO include prohibitions or restrictions on, or requirements in relation to all or any of the following: ( a ) an individual’s financial, property or business dealings or holdings; ( b ) an individual’s working arrangements; ( c ) the means by which an individual communicates or associates with others, or the persons with whom the individual communicates or associates; ( d ) the premises to which an individual has access; ( e ) the use of any premises or item by an individual; ( f ) an individual’s travel (whether within Singapore, between Singapore and other places or otherwise). (3) Examples of prohibitions, restrictions or requirements that may be imposed on a person that is a body corporate, partnership, limited liability partnership or unincorporated association by an OCPO include prohibitions or restrictions on, or requirements in relation to all or any of the following: ( a ) the financial, property or business dealings or holdings of the person; ( b ) the types of agreements to which the person may be a party; ( c ) the provision of goods or services by the person; ( d ) the premises to which the persons referred to in section 18(1)( b ) to ( f ) have access; ( e ) the use of any premises or item by the person; ( f ) the employment of staff by the person. (4) Examples of requirements that may be imposed on any person (whether an individual, body corporate, partnership, limited liability partnership or unincorporated association) by an OCPO include — ( a ) a requirement on a person to answer questions, or provide information, specified or described in an OCPO — (i) at a time, within a period or at a frequency; (ii) at a place; (iii) in a form and manner; and (iv) to a law enforcement officer, notified to the person by a law enforcement officer specified in the OCPO; or ( b ) a requirement on a person to produce documents specified or described in an OCPO — (i) at a time, within a period or at a frequency; (ii) at a place; (iii) in a manner; and (iv) to a law enforcement officer, notified to the person by a law enforcement officer specified in the OCPO. (5) The prohibitions, restrictions or requirements that may be imposed on an individual by an OCPO include prohibitions, restrictions or requirements in relation to an individual’s private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside). (6) Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form. Division 3 &#x2014; Duration and nature of OCPO


document_id: oca-2015
provision_ref: s17
chapter: PART 3 - ORGANISED CRIME PREVENTION ORDERS
section: 17
title: Duration of OCPO
content:
17. —(1) An OCPO must specify when it is to come into force and when it is to cease to be in force. (2) An OCPO is not to be in force for more than 5 years beginning with the coming into force of the OCPO. (3) An OCPO may specify different times for the coming into force, or ceasing to be in force, of different provisions of the OCPO. (4) Where an OCPO specifies different times in accordance with subsection (3), the OCPO — ( a ) must specify when each provision is to come into force and cease to be in force; and ( b ) is not to be in force for more than 5 years beginning with the coming into force of the first provision of the OCPO to come into force. (5) The fact that an OCPO, or any provision of an OCPO, ceases to be in force does not prevent the court which first made the OCPO from making a new OCPO to the same or similar effect. (6) A new OCPO may be made in anticipation of an earlier OCPO or provision ceasing to be in force.


document_id: oca-2015
provision_ref: s18
chapter: PART 3 - ORGANISED CRIME PREVENTION ORDERS
section: 18
title: Persons against whom OCPO may be made
content:
18. —(1) An OCPO may be made against — ( a ) an individual, body corporate, partnership, limited liability partnership or unincorporated association; ( b ) an officer or employee of a body corporate or any other person associated with a body corporate; ( c ) a particular partner of a partnership or limited liability partnership; ( d ) a senior officer or employee of a partnership or any other person associated with a partnership; ( e ) a manager or employee of a limited liability partnership, or any other person associated with a limited liability partnership; or ( f ) a member, officer or employee of an unincorporated association, or any other person associated with an unincorporated association. (2) An OCPO against a partnership must be made in the name of the partnership (and not in that of any of the partners). (3) An OCPO made in the name of a partnership continues to have effect despite a change of partners but only if at least one of the persons who was a partner before the change remains a partner after the change. (4) Proceedings for an offence under section 26 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners). (5) A fine imposed on a partnership on its conviction for an offence under section 26 is to be paid out of the partnership assets. (6) An OCPO made against an unincorporated association must be made in the name of the association (and not in that of any of its members). (7) An OCPO made in the name of an unincorporated association continues to have effect despite a change in the membership of the association but only if at least one of the persons who was a member of the association before the change remains a member after the change. (8) Proceedings for an offence under section 26 alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members). (9) A fine imposed on an unincorporated association on its conviction for an offence under section 26 is to be paid out of the funds of the association. (10) In this section — “officer of an unincorporated association” means any officer of an unincorporated association or any member of its governing body; “partnership” does not include a limited liability partnership; “senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where the business is carried on; “unincorporated association” means any body of persons unincorporate but does not include a partnership.


document_id: oca-2015
provision_ref: s19
chapter: PART 3 - ORGANISED CRIME PREVENTION ORDERS
section: 19
title: Electronic monitoring of individual subject to OCPO
content:
19. —(1) Subject to subsection (2), an OCPO may in addition include requirements for securing the electronic monitoring (by means of an electronic monitoring device) of the whereabouts of the individual subject to the OCPO during the period when the OCPO is in force against the individual. (2) A court must not make an OCPO which includes the requirements mentioned in subsection (1) unless the court is satisfied that electronic monitoring arrangements can be made by a law enforcement officer specified in the OCPO. (3) Electronic monitoring arrangements made under this section may include entering into contracts with other persons for the electronic monitoring (by means of an electronic monitoring device) by them of the whereabouts of the individual subject to an OCPO.


document_id: oca-2015
provision_ref: s20
chapter: PART 3 - ORGANISED CRIME PREVENTION ORDERS
section: 20
title: Compliance with orders: authorised monitors
content:
20. —(1) An OCPO against a body corporate, partnership, limited liability partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with — ( a ) a specified person; or ( b ) any person who falls within a specified description of persons, to perform specified monitoring services or monitoring services of a specified description. (2) A person with whom the law enforcement agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor. (3) An OCPO which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 16(4) as if the references in that provision to a law enforcement officer included references to an authorised monitor. (4) A law enforcement agency must inform the subject of an OCPO which provides for an authorised monitor of the name of, and an address for, any person with whom the agency has entered into arrangements in accordance with the authorisation in the OCPO. (5) Nothing in this section affects the ability of law enforcement agencies to enter into arrangements otherwise than in accordance with an authorisation under this section. (6) In this section — “monitoring services” means — ( a ) analysing some or all information received in accordance with an OCPO; ( b ) reporting to a law enforcement officer as to whether, on the basis of the information and any other information analysed for this purpose, the subject of the OCPO appears to be complying with the OCPO or any part of it; and ( c ) any related services; “specified”, in relation to an OCPO, means specified in the OCPO.


document_id: oca-2015
provision_ref: s21
chapter: PART 4 - FINANCIAL REPORTING ORDERS
section: 21
title: Financial reporting order
content:
21. —(1) Subject to the provisions of Part 5, the General Division of the High Court may, upon the application of the Public Prosecutor, make a financial reporting order against an individual if, upon giving the individual a reasonable opportunity to be heard — ( a ) the court is satisfied, on a balance of probabilities, that the individual has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group; and ( b ) the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the individual in any Part 2 offence, or any serious offence associated with an organised criminal group. [40/2019] (2) Subject to the provisions of Part 5, where a court convicts any individual for having committed — ( a ) a Part 2 offence; or ( b ) a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, the court may, upon the application of the Public Prosecutor, and upon giving the individual a reasonable opportunity to be heard at the time of sentencing the individual, make a financial reporting order if the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the individual in any Part 2 offence, or any serious offence associated with an organised criminal group. (3) Rules of Court may provide for the manner in which an application under subsection (1) may be made. (4) To avoid doubt, any defence that is available to a person who is prosecuted for a Part 2 offence, or serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, is also available to the individual in any proceedings under this section for the same act. (5) A reference in subsection (1) to involvement in a serious offence associated with an organised criminal group includes involvement at any time (whether before, on or after 1 June 2016) in a serious offence associated with an organised criminal group.


document_id: oca-2015
provision_ref: s22
chapter: PART 4 - FINANCIAL REPORTING ORDERS
section: 22
title: Duration of FRO
content:
22. —(1) An FRO — ( a ) comes into force when it is made; and ( b ) has effect for the period specified in the order, beginning with the date on which it is made. (2) If the FRO is made under section 21(1), the period mentioned in subsection (1)( b ) must not exceed 5 years. (3) If the FRO is made under section 21(2), the period mentioned in subsection (1)( b ) must not exceed a period equal to the sentence of imprisonment imposed by the court for the offence mentioned in section 21(2) plus 5 years. (4) The fact that an FRO ceases to be in force does not prevent the court which first made the FRO from making a new FRO to the same or similar effect. (5) A new FRO may be made in anticipation of an earlier FRO ceasing to be in force.


document_id: oca-2015
provision_ref: s23
chapter: PART 4 - FINANCIAL REPORTING ORDERS
section: 23
title: Effect of financial reporting orders
content:
23. —(1) A person in relation to whom an FRO has effect must — ( a ) make a financial report in respect of — (i) the period of a specified length beginning with the date on which the order comes into force; and (ii) subsequent periods of specified lengths, each period beginning immediately after the end of the previous one; ( b ) set out in each financial report, in the specified manner, such particulars of the person’s financial affairs relating to the period in question as may be specified; ( c ) include any specified documents with each financial report; ( d ) make each financial report within the specified number of days after the end of the period in question; and ( e ) make each financial report to the specified person. (2) In this section, “specified” means specified by the court in the FRO.


document_id: oca-2015
provision_ref: s24
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 24
title: Powers of law enforcement officers to retain documents
content:
24. —(1) A law enforcement officer may — ( a ) take and retain copies of, or extracts from, any document produced to a law enforcement officer pursuant to an OCPO or FRO; and ( b ) retain any document so produced for as long as he or she considers that it is necessary to retain the document (rather than any copy of it) for the purposes for which the document was obtained. (2) A law enforcement officer may retain any document produced to him or her pursuant to an OCPO or FRO until the conclusion of any legal proceedings if he or she has reasonable grounds for believing that the document — ( a ) may have to be produced for the purposes of those proceedings; and ( b ) might be unavailable unless retained.


document_id: oca-2015
provision_ref: s25
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 25
title: Verification and disclosure of OCPO and FRO
content:
25. —(1) In this section, “the specified person” means — ( a ) in relation to an OCPO, the law enforcement officer specified in the OCPO who receives any answer or information from the person who is subject to the OCPO; and ( b ) in relation to an FRO, the person to whom reports under the FRO are to be made. (2) The specified person may, for the purpose of doing either of the things mentioned in subsection (4) — ( a ) in relation to an OCPO, disclose any answer or information to any person who the specified person reasonably believes may be able to contribute to doing either of those things; and ( b ) in relation to an FRO, disclose a report to any person who the specified person reasonably believes may be able to contribute to doing either of those things. (3) Any other person may disclose information to — ( a ) the specified person; or ( b ) a person to whom the specified person has disclosed a report, for the purpose of contributing to doing either of the things mentioned in subsection (4). (4) In subsections (2) and (3), the things mentioned are — ( a ) checking the accuracy of the answer, information or report, or of any other report made pursuant to the same order; or ( b ) discovering the true position. (5) The specified person may also disclose any answer, information, or report for the purposes of the prevention, detection, investigation or prosecution of offences in Singapore. (6) A disclosure under this section does not breach — ( a ) any obligation of confidence owed by the person making the disclosure; or ( b ) any other restriction however imposed (other than a restriction imposed under any written law) on the disclosure of information. (7) In this section, references to a report include any of its contents, any document included with the report, or any of the contents of such a document. Division 2 &#x2014; Failure to comply with OCPO or FRO


document_id: oca-2015
provision_ref: s26
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 26
title: Failure to comply with OCPO or FRO
content:
26. —(1) A person must not, without reasonable excuse, fail to comply with an OCPO or FRO. (2) Despite anything in the Criminal Procedure Code 2010, a person is not excused from complying with an OCPO or FRO on the ground that the supply of any information might tend to incriminate the person or make the person liable to a penalty. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $20,000. (4) In proceedings for an offence under this section, a copy of the original OCPO or FRO or any variation of it, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings. (5) A person who, without reasonable excuse, includes false or misleading information pursuant to any requirement to provide information specified or described in an OCPO or FRO shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $20,000. Division 3 &#x2014; General safeguards in relation to OCPO or FRO


document_id: oca-2015
provision_ref: s27
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 27
title: Any individual must be 16 or older
content:
27. An OCPO or FRO must not be made against an individual who, at the time the OCPO or FRO is made, is below 16 years of age.


document_id: oca-2015
provision_ref: s28
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 28
title: Right of third parties to make representations
content:
28. —(1) A court must, before making an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the making of the OCPO or FRO if it considers that the making of the OCPO or FRO would be likely to have a significant adverse effect on that person. (2) A court must, before varying an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the variation of the OCPO or FRO if it considers that — ( a ) the variation of the OCPO or FRO; or ( b ) a decision not to vary it, would be likely to have a significant adverse effect on that person. (3) A court must, before discharging an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the discharge of the OCPO or FRO if it considers that — ( a ) the discharge of the OCPO or FRO; or ( b ) a decision not to discharge it, would be likely to have a significant adverse effect on that person. (4) A court which is considering an appeal in relation to an OCPO or FRO must, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal. (5) Rules of Court may provide for the manner in which any application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.


document_id: oca-2015
provision_ref: s29
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 29
title: Notice requirements in relation to OCPO or FRO
content:
29. —(1) The subject of an OCPO or FRO is bound by it, or a variation of it, only if — ( a ) he or she is represented (whether in person or otherwise) at the proceedings at which the OCPO or FRO or (as the case may be) the variation is made; or ( b ) a notice setting out the terms of the OCPO or FRO or (as the case may be) the variation has been served on him or her. (2) The notice to be served on an individual must, as far as is reasonably practicable, be served by delivering it personally to that individual. (3) A notice to be served on a body corporate or limited liability partnership must, as far as is reasonably practicable, be served by delivering it to the director, manager or secretary, or other similar officer of the body corporate or limited liability partnership, at its registered office or principal place of business, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership. (4) A notice to be served on a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served by delivering it to any one of the partners or the secretary, or other similar officer of the partnership, at its registered office or principal place of business, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership. (5) A notice to be served on an unincorporated association must, as far as is reasonably practicable, be served by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association. (6) Despite subsections (2) to (5), a notice may be served in any manner if any of the following persons (as the case may be) consents to the mode of service: ( a ) the person on whom the notice is to be served; ( b ) the director, manager or secretary or other similar officer of a body corporate or limited liability partnership on whom the notice is to be served; ( c ) any of the partners or the secretary or other similar officer of a partnership (other than a limited liability partnership) on whom the notice is to be served; ( d ) the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the notice is to be served. (7) Where a notice is to be served on a person who cannot, by the exercise of due diligence, be found, the notice may be served by leaving a copy of the notice for the person with an adult member of the person’s family or with the person’s employee residing with the person. (8) Where a notice is to be served on a person who cannot, by the exercise of due diligence, be found, and the notice cannot be effected in accordance with subsection (7), the serving officer must affix a copy of the notice to a conspicuous part of the place in which the person to be served with the notice ordinarily resides, and in that case, the notice, if the court so directs before or after the affixing, is deemed to have been duly served.


document_id: oca-2015
provision_ref: s30
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 30
title: Restrictions relating to other written law, etc.
content:
30. Except as provided in section 26(2), an OCPO or FRO must not require a person to answer any question, provide any information or produce any document if — ( a ) the disclosure concerned is prohibited under any other written law; or ( b ) the information or document is an item subject to legal privilege.


document_id: oca-2015
provision_ref: s31
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 31
title: Restrictions on use of information obtained
content:
31. A statement made by a person in response to a requirement imposed by an OCPO or FRO must not be used in evidence against the person in any criminal proceedings unless the statement — ( a ) is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act 1893; or ( b ) is used in proceedings for an offence under section 26. Division 4 &#x2014; Variation and discharge of OCPO or FRO


document_id: oca-2015
provision_ref: s32
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 32
title: Variation of OCPO or FRO
content:
32. —(1) An application for the variation of an OCPO or FRO under this section may be made by the following persons to the court which first made the OCPO or FRO: ( a ) the Public Prosecutor; ( b ) the person who is the subject of the OCPO or FRO; ( c ) any other person. (2) A court may, on an application under this section by the Public Prosecutor, vary an OCPO or FRO if it has reasonable grounds to believe that the terms of the OCPO or FRO as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the OCPO or FRO, in a Part 2 offence, or a serious offence associated with an organised criminal group. (3) Where an application is made under subsection (1), any term of the OCPO or FRO in relation to which the variation is applied for continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court. (4) The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO. (5) The court must not entertain an application by any person falling within subsection (1)( c ) unless it considers that — ( a ) the person is adversely affected by the OCPO or FRO significantly; ( b ) condition A or B as specified in subsection (6) or (7), respectively, is met; and ( c ) the application is not for the purpose of making the OCPO or FRO more onerous on the person who is the subject of it. (6) Condition A is that — ( a ) the person falling within subsection (1)( c ) — (i) has, on an application under section 28, been given an opportunity to make representations; or (ii) has made an application otherwise than under that section in relation to the OCPO or FRO; and ( b ) there has been a material change of circumstances affecting the OCPO or FRO. (7) Condition B is that — ( a ) the person falling within subsection (1)( c ) has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and ( b ) it was reasonable in all the circumstances for the person not to have done so. (8) A variation on an application by the Public Prosecutor may include an extension of the period during which the OCPO or FRO, or any provision of it, is in force (subject to the original limits imposed on the OCPO or FRO by sections 17 and 22, respectively). (9) Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.


document_id: oca-2015
provision_ref: s33
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 33
title: Discharge of OCPO or FRO
content:
33. —(1) An application for the discharge of an OCPO or FRO may be made by the following persons to the court which first made the OCPO or FRO: ( a ) the Public Prosecutor; ( b ) the person who is the subject of the OCPO or FRO; ( c ) any other person. (2) Where an application is made under subsection (1) in relation to an OCPO or FRO, the OCPO or FRO continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court which first made the OCPO or FRO. (3) The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO. (4) The court must not entertain an application by any person falling within subsection (1)( c ) unless it considers that — ( a ) the person is adversely affected by the OCPO or FRO significantly; and ( b ) condition A or B as specified in subsection (5) or (6), respectively, is met. (5) Condition A is that — ( a ) the person, in earlier proceedings in relation to the OCPO or FRO — (i) has, on an application under section 28, been given an opportunity to make representations; or (ii) has made an application otherwise than under that section in relation to the OCPO or FRO; and ( b ) there has been a material change of circumstances affecting the OCPO or FRO. (6) Condition B is that — ( a ) the person has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and ( b ) it was reasonable in all the circumstances for the person not to have done so. (7) Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively. Division 5 &#x2014; Appeals


document_id: oca-2015
provision_ref: s34
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 34
title: Right of appeal from General Division of High Court or State Court
content:
34. —(1) An appeal may be made to the Court of Appeal or General Division of the High Court in relation to a decision of the General Division of the High Court, or of a District Court or Magistrate’s Court, respectively — ( a ) to make, or not to make, an OCPO or FRO; ( b ) to include, or not to include, any provision in an OCPO or FRO; ( c ) to vary, or not to vary, all or any of the provisions in an OCPO or FRO; or ( d ) to discharge, or not to discharge, an OCPO or FRO, by any of the relevant parties, or any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 28(1), (2) or (3), as the case may be. [40/2019] (2) Where an appeal is made under subsection (1), an OCPO or FRO continues to have effect from the time it is made despite the appeal, and only ceases to have effect if the appeal is allowed by the Court of Appeal or General Division of the High Court, as the case may be. [40/2019] (3) Rules of Court may provide for the manner in which an appeal under subsection (1) may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively. (4) Division 1 of Part 20 to the Criminal Procedure Code 2010 applies to an appeal by the person referred to in subsection (1) in relation to an OCPO or FRO made under section 15(2) or 21(2), respectively. Division 6 &#x2014; Supplementary


document_id: oca-2015
provision_ref: s35
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 35
title: Acquittal or pardon does not impact on subsequent making of OCPO or FRO
content:
35. —(1) An application for an OCPO or FRO may be made under section 15(1) or 21(1) even after a person — ( a ) is acquitted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or ( b ) is convicted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, and the person is subsequently acquitted pursuant to an appeal against the conviction, or is granted a pardon by the President in respect of the conviction. (2) An OCPO or FRO made under section 15(2) or 21(2) ceases to have effect if the person subject to the OCPO or FRO — ( a ) is subsequently acquitted pursuant to an appeal against the conviction; or ( b ) is granted a pardon by the President in respect of the conviction.


document_id: oca-2015
provision_ref: s36
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 36
title: Transfer of case to trial court to make OCPO or FRO upon conviction on appeal
content:
36. —(1) Where — ( a ) a person ( A ) is acquitted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; ( b ) upon an appeal against the acquittal, A is subsequently convicted by an appellate court; and ( c ) the Public Prosecutor informs the appellate court that the Public Prosecutor intends to make an application for an OCPO or FRO against A , the appellate court which convicted A may order the case to be transferred to the trial court for the application to be made. (2) Where any case is transferred to the trial court under subsection (1), any application for an OCPO or FRO to the trial court in relation to A is deemed to be an application made under section 15(2) or 21(2), respectively.


document_id: oca-2015
provision_ref: s37
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 37
title: Evidence obtained in investigations may be used in proceedings for OCPO or FRO
content:
37. To avoid doubt, any book, document, statement or other information obtained in the exercise of any power under this Act or any other written law is not inadmissible in any proceedings relating to an OCPO or FRO by reason only that it was first obtained in the exercise of that power; and the admissibility of such matter is to be determined in accordance with the rules of evidence under any written law and any relevant rules of law.


document_id: oca-2015
provision_ref: s38
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCPO AND FRO
section: 38
title: Disclosure of information in accordance with orders
content:
38. A person who complies with a requirement imposed by an OCPO or FRO to answer questions, provide information or produce documents, does not breach — ( a ) any obligation of confidence; or ( b ) any other restriction however imposed (other than a restriction imposed under any written law) on making the disclosure concerned.


document_id: oca-2015
provision_ref: s39
chapter: PART 6 - DISQUALIFICATION ORDERS
section: 39
title: Disqualification to act as director on conviction of certain offences
content:
39. —(1) Without affecting section 154 of the Companies Act 1967, where a person — ( a ) is convicted of any Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or ( b ) contravenes an OCPO or FRO, which was made upon the conviction for any offence, the court may, upon an application by the Public Prosecutor, make a disqualification order in addition to any other sentence imposed. (2) A person who has a disqualification order made against him or her under subsection (1) must not act as a director of a company or of a foreign company to which Division 2 of Part 11 of the Companies Act 1967 applies, and the person must not take part, whether directly or indirectly, in the management of such a company or foreign company. (3) Where a person disqualified under this section is sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years after the person’s release from prison. (4) Where a person disqualified under this section is not sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years, or for a shorter period that the court may specify in the disqualification order. (5) A person who acts in contravention of a disqualification order made under subsection (1) 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 2 years or to both. (6) A person disqualified under this section may, upon giving the Minister charged with the responsibility for the administration of Part 5 of the Companies Act 1967 not less than 14 days’ notice, apply for permission — ( a ) to act as a director of a company or of a foreign company to which Division 2 of Part 11 of the Companies Act 1967 applies; or ( b ) to take part, whether directly or indirectly, in the management of such a company or foreign company. [Act 25 of 2021 wef 01/04/2022] (7) Upon the hearing of any application made under subsection (6), the Minister may be represented at the hearing and may oppose the granting of the application.


document_id: oca-2015
provision_ref: s40
chapter: PART 7 - POWERS TO INVESTIGATE AND TO OBTAIN
section: 40
title: Powers of law enforcement officers
content:
40. —(1) A law enforcement officer may investigate any offence under this Act which is disclosed in the course of investigating into any other offence under any other written law which charges the law enforcement officer with the duty of investigating that other offence. (2) A law enforcement officer may also investigate any offence under section 26, 39 or 73(12), or any offence under section 39 or 40(6) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 as applied by section 72. (3) If — ( a ) a law enforcement officer conducts an investigation into any offence under this Act pursuant to subsection (1); and ( b ) in the course of the investigation, no offence is disclosed under the other written law charging the law enforcement officer with the duty of investigating offences under the other written law, the law enforcement officer may continue to conduct the investigation into the offence under paragraph ( a ). (4) In investigating any offence ( A ) under this Act pursuant to subsection (1), (2) or (3), a law enforcement officer may exercise any power of investigation of an offence ( B ) under any provision of any other written law which charges the law enforcement officer with the duty of investigating offence ( B ), as if a reference in that provision to offence ( B ) were a reference to offence ( A ). (5) Any evidence obtained by a law enforcement officer during an investigation under this section may, subject to any written law relating to the admissibility of evidence, be admitted in any civil or criminal proceedings under this Act. (6) To avoid doubt, nothing in this section affects the power of investigation of a police officer under the Criminal Procedure Code 2010.


document_id: oca-2015
provision_ref: s41
chapter: PART 7 - POWERS TO INVESTIGATE AND TO OBTAIN
section: 41
title:
Power to obtain information from Comptroller of Income Tax and Comptroller of Goods and Services Tax

content:
41. —(1) In the course of any investigation or proceedings into or relating to an offence punishable under this Act, the Public Prosecutor may, despite anything in any other written law to the contrary, by written notice require the Comptroller — ( a ) to furnish, as specified in the notice, all information available to the Comptroller relating to the affairs of that person or of the person’s parents, siblings, spouse, son or daughter; and ( b ) to produce or furnish, as specified in the notice, any document or a certified copy of any document relating to that person or the person’s parents, siblings, spouse, son or daughter which is in the possession or under the control of the Comptroller. (2) The Comptroller to whom a notice is sent by the Public Prosecutor under subsection (1) is, despite the provisions of any written law or any oath of secrecy to the contrary, legally bound to comply with the terms of that notice within the time specified in the notice. (3) In this section, “Comptroller” means — ( a ) the Comptroller of Income Tax, or any Deputy Comptroller or Assistant Comptroller of Income Tax appointed under section 3(1) of the Income Tax Act 1947; or ( b ) the Comptroller of Goods and Services Tax, or any Deputy Comptroller or Assistant Comptroller of Goods and Services Tax appointed under section 4(1) of the Goods and Services Tax Act 1993. [Act 5 of 2025 wef 09/03/2025]


document_id: oca-2015
provision_ref: s42
chapter: PART 8 - DISCLOSURE AND TIPPING-OFF
section: 42
title: Non-disclosure of information and identity of informer
content:
42. —(1) Except as provided in subsection (3) — ( a ) no information provided by an informer for an offence punishable under this Act is to be admitted in evidence in any civil or criminal proceedings; and ( b ) no witness in any civil or criminal proceedings is obliged — (i) to disclose the name and address of any informer who has given information with respect to an offence punishable under this Act; or (ii) to answer any question if the answer to that question would lead, or would tend to lead, to the discovery of the name or address of the informer. (2) If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the informer’s discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. (3) If — ( a ) in any proceedings before a court for an offence punishable under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or ( b ) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer, the court may permit inquiry and require full disclosure concerning the informer.


document_id: oca-2015
provision_ref: s43
chapter: PART 8 - DISCLOSURE AND TIPPING-OFF
section: 43
title: Disclosure of information by informer
content:
43. A person who provides information to a law enforcement officer for an offence punishable under this Act does not breach — ( a ) any obligation of confidence; or ( b ) any other restriction however imposed (other than a restriction imposed under any written law) on the provision of information.


document_id: oca-2015
provision_ref: s44
chapter: PART 8 - DISCLOSURE AND TIPPING-OFF
section: 44
title: Tipping-off
content:
44. —(1) Any person — ( a ) who knows or has reasonable grounds to suspect that a law enforcement officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act; and ( b ) who discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both. (2) Nothing in subsection (1) makes it an offence for an advocate and solicitor or his or her employee to disclose any information or other matter — ( a ) to, or to a representative of, a client of his or hers in connection with the giving of advice to the client in the course of and for the purpose of the professional employment of the advocate and solicitor; or ( b ) to any person — (i) in contemplation of, or in connection with, legal proceedings concerning the client; and (ii) for the purpose of those proceedings. (3) Nothing in subsection (1) makes it an offence for a legal counsel in an entity or a person acting under his or her supervision to disclose any information or other matter — ( a ) to the entity in connection with the giving of advice to the entity, or any officer or employee of the entity, in the course of and for the purpose of his or her employment as such legal counsel; or ( b ) to any person — (i) in contemplation of, or in connection with, legal proceedings concerning the employer; and (ii) for the purpose of those proceedings. (4) Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, subsection (3) applies in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations. (5) Where a legal counsel is employed by a public agency and is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (3) applies in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second‑mentioned public agency or agencies. (6) Subsections (2) and (3) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose. (7) In proceedings against a person for an offence under subsection (1), it is a defence to prove that the person did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way described in subsection (1). (8) A person is not guilty of an offence under this section in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or other penal legislation. (9) In this section — “investigation” includes an application for an examination order under section 73, or an application under section 36, 37, 40 or 49 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 as applied by section 72; “legal counsel” has the meaning given by section 3(7) of the Evidence Act 1893; “public agency” has the meaning given by section 128A(6) of the Evidence Act 1893.


document_id: oca-2015
provision_ref: s45
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 45
title: Purpose of Part
content:
45. —(1) The purpose of this Part is to establish a regime for the confiscation of benefits from organised crime activities. (2) The regime so established proposes to — ( a ) eliminate the chance for persons to profit from carrying out organised crime activity; and ( b ) remove any incentive for persons to carry out organised crime activity, and reduce their ability to do so.


document_id: oca-2015
provision_ref: s46
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 46
title: Interpretation of Part
content:
46. —(1) In this Part, unless the context otherwise requires — “CDSA” means the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; “charging order” means an order made under section 58(1); “confiscation order” means an order made under section 61(2); “Court” means the General Division of the High Court; “gift caught by this Part” has the meaning given by section 47; “interest”, in relation to property, includes any right; “organised crime activity” has the meaning given by section 48; “realisable property” means — ( a ) any property held by the subject; and ( b ) any property held by a person to whom the subject has, directly or indirectly, made a gift caught by this Part; “realisation power” means any power under section 22 of the CDSA as applied by section 70; “restraint order” means an order made under section 57(1); “statutory period”, in relation to a confiscation order or an application for a confiscation order, means — ( a ) if the application for the confiscation order is preceded by a restraint order or charging order (or both) concerning the same subject and organised crime activity, the period of 7 years before the date of application for the restraint order or charging order or, if more than one of those orders were made, the earlier or earliest application for either of those orders; or ( b ) if the application for the confiscation order is not preceded by a restraint order or charging order concerning the same subject and organised crime activity, the period of 7 years before the date of application for the confiscation order; “statutory period”, in relation to an application for a restraint order or charging order, means the period of 7 years before the date of application for the order or, if one or more such orders concerning the same subject and organised crime activity were made previously, the earlier or earliest application for either of those orders; “subject” — ( a ) in relation to a restraint order, a charging order, an order under section 22 of the CDSA as applied by section 70, an order under section 36, 37, 40 or 49 of the CDSA as applied by section 72, or an application for any of those orders, means the person identified in the application as the one who has carried out organised crime activity; ( b ) in relation to an application for a confiscation order, means the person against whom the order is sought; or ( c ) in relation to a confiscation order that has been made, means the person against whom the order is made. [40/2019] (2) In this Part — ( a ) property is held by a person if the person holds any interest in it; ( b ) a reference to property held by a person includes a reference to property vested in the person’s trustee in bankruptcy or liquidator; ( c ) property is transferred by one person to another if the first person transfers or grants to the other any interest in the property; and ( d ) a reference to an interest held by a person beneficially in property includes a reference to an interest which would be held by the person beneficially if the property were not so vested in the person’s trustee in bankruptcy or liquidator.


document_id: oca-2015
provision_ref: s47
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 47
title: Meaning of “gift caught by this Part”
content:
47. —(1) In this Part, a gift is caught by this Part if it was made by the subject at any time (including before 1 June 2016) — ( a ) in the case of a restraint order or charging order, in the period of 6 years before the date of application for the order or, if one or more such orders were made previously concerning the same subject and organised crime activity, the earlier or earliest application for either of those orders; or ( b ) in the case of a confiscation order — (i) if the application for the confiscation order is preceded by a restraint order or charging order (or both) concerning the same subject and organised crime activity, in the period of 6 years before the date of application for the restraint order or charging order or, if more than one of those orders were made, the earlier or earliest application for either of those orders; or (ii) if the application for the confiscation order is not preceded by a restraint order or charging order concerning the same subject and organised crime activity, in the period of 6 years before the date of application for the confiscation order. (2) In this Part, a gift is also caught by this Part if it was made by the subject at any time (including before 1 June 2016) and which is or is part of the benefits derived by the subject from the organised crime activity. (3) In this Part, the circumstances in which the subject is to be treated as making a gift include circumstances where the subject transfers property to another person directly or indirectly, for a consideration the value of which is significantly less than the value of the consideration provided by the subject.


document_id: oca-2015
provision_ref: s48
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 48
title: Meaning and proof of “organised crime activity”
content:
48. —(1) In this Part, “organised crime activity” means any activity — ( a ) carried out by a person in Singapore that amounts to a serious offence and — (i) is carried out at the direction of a group which the person knows or has reasonable grounds to believe is an organised criminal group; or (ii) is carried out in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is an organised criminal group; ( b ) carried out by a person outside Singapore that amounts to a serious offence and — (i) is carried out at the direction of a group which the person knows or has reasonable grounds to believe is a locally‑linked organised criminal group; or (ii) is carried out in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is a locally‑linked organised criminal group; or ( c ) carried out by a person that amounts to a Part 2 offence. (2) A person carries out an activity mentioned in subsection (1) whether or not — ( a ) the person is charged with or convicted of an offence in connection with the activity; ( b ) the person is acquitted of an offence in connection with the activity, including on appeal; or ( c ) the President grants a pardon in respect of the person’s conviction. (3) A reference in subsection (1)( a ) or ( b ) to a serious offence includes an abetment of, or a conspiracy or an attempt to commit, the serious offence. (4) To avoid doubt, any defence that is available to a person who is prosecuted for an offence constituting the organised crime activity is also available to the subject in any proceedings under this Part for the same organised crime activity.


document_id: oca-2015
provision_ref: s49
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 49
title: Application of Part
content:
49. —(1) This Part applies in respect of organised crime activity which — ( a ) if it is one that amounts to an offence mentioned in section 48(1)( a ) or ( b ), is carried out before, on or after 1 June 2016; or ( b ) if it is one that amounts to an offence mentioned in section 48(1)( c ), is carried out on or after 1 June 2016. (2) This Part applies to any property, whether situated in Singapore or elsewhere.


document_id: oca-2015
provision_ref: s50
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 50
title: Nature of proceedings
content:
50. Proceedings under this Part (other than offences under provisions of the CDSA incorporated by section 72) are civil proceedings.


document_id: oca-2015
provision_ref: s51
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 51
title: No criminal proceedings required for confiscation order, etc.
content:
51. The organised crime activity on which a confiscation order, restraint order or charging order is based does not need to be, or to have been, the subject of any criminal proceedings.


document_id: oca-2015
provision_ref: s52
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 52
title: Confiscation order must not impact on sentence
content:
52. A court sentencing a person for an offence mentioned in section 48(1) must not take into account any confiscation order, or any application or proposed application for a confiscation order, in determining the appropriate sentence or other manner of dealing with the person for the offence.


document_id: oca-2015
provision_ref: s53
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 53
title: Acquittal, etc., does not impact on confiscation
content:
53. —(1) Subsection (2) applies if criminal proceedings are instituted or pending or have been discontinued or determined in respect of any organised crime activity that is the basis for — ( a ) a restraint, charging or confiscation order; or ( b ) an application for such an order. (2) If this subsection applies, the order or application is not affected by the criminal proceedings, even if — ( a ) the subject is acquitted, or is acquitted on appeal; or ( b ) the President grants a pardon in respect of the subject’s conviction.


document_id: oca-2015
provision_ref: s54
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 54
title: Evidence obtained in investigations may be used in proceedings under this Part
content:
54. To avoid doubt, any book, document, statement or other information obtained in the exercise of any power under this Act or any other written law is not inadmissible in any proceedings under this Part by reason only that it was first obtained in the exercise of that power; and the admissibility of such matter is to be determined in accordance with the rules of evidence under any written law and any relevant rules of law.


document_id: oca-2015
provision_ref: s55
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 55
title: Confiscation order not affected by CDSA confiscation order
content:
55. A confiscation order is not affected by an application for or the making of a confiscation order under the CDSA in relation to the same subject and organised crime activity. Division 2 &#x2014; Restraint orders and charging orders


document_id: oca-2015
provision_ref: s56
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 56
title: Application for restraint or charging order
content:
56. A restraint order or charging order — ( a ) may be made only on an application by the Public Prosecutor; ( b ) must be made to the Court and may be made on an application without notice to a Judge in chambers; and [Act 25 of 2021 wef 01/04/2022] ( c ) must provide for notice to be given to persons affected by the order.


document_id: oca-2015
provision_ref: s57
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 57
title: Restraint orders
content:
57. —(1) The Court, when hearing an application for a restraint order, may, if it has reasonable grounds to believe that the subject has carried out organised crime activity within the statutory period, make an order that realisable property is not to be disposed of, or dealt with, other than as provided for in the restraint order. (2) A restraint order may be subject to such conditions and exceptions as the Court may specify in the order. (3) The Court may vary a restraint order in relation to any property. (4) In this section, dealing with property held by any person includes — ( a ) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and ( b ) removing the property from Singapore.


document_id: oca-2015
provision_ref: s58
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 58
title: Charging orders
content:
58. —(1) The Court, when hearing an application for a charging order, may, if it has reasonable grounds to believe that the subject has carried out organised crime activity within the statutory period, make a charging order on realisable property for securing the payment to the Government — ( a ) where a confiscation order has not been made, of an amount equal to the value from time to time of the property charged; or ( b ) in any other case, of an amount not exceeding the amount payable under the confiscation order. (2) A charging order is an order imposing on any property specified in the order a charge for securing the payment of money to the Government. (3) A charging order may be subject to such conditions and exceptions as the Court may specify in the order. (4) The Court may vary a charging order.


document_id: oca-2015
provision_ref: s59
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 59
title: Duration of orders
content:
59. —(1) A restraint or charging order expires on the earlier of the following: ( a ) the date that is the end of the period of 3 months after the date on which the order is made; ( b ) the date of the satisfaction of, or the refusal by the Court to make, a confiscation order concerning the same subject and organised crime activity. (2) Despite subsection (1) — ( a ) if the Court refuses to make a confiscation order, but the Public Prosecutor indicates that the Public Prosecutor will appeal against that decision, a restraint or charging order expires on the date specified in subsection (4); ( b ) if a restraint or charging order is made on an application without notice, it has effect until a day fixed for the hearing inter partes of the application, unless the Court otherwise directs; and [Act 25 of 2021 wef 01/04/2022] ( c ) subject to paragraph ( a ), if the duration of a restraint or charging order is extended by the Court, the restraint or charging order expires on the date specified by the Court under section 60. (3) On the expiry of a restraint or charging order, any further order associated with that restraint or charging order also expires. (4) If subsection (2)( a ) applies, a restraint or charging order that is in force when the Court refuses to make a confiscation order does not expire until — ( a ) the last day of the prescribed period from the date of that decision, if a notice of appeal has not been lodged on or before that day; or ( b ) if a notice of appeal has been lodged on or before the last day mentioned in paragraph ( a ), the day that appeal is withdrawn or dismissed or (if the appeal is allowed) such later day as the court hearing the appeal determines. (5) Despite any provision of this section, the Court — ( a ) may make an order discharging a restraint or charging order in relation to any property; and ( b ) must make an order discharging a charging order if the amount, payment of which is secured by the charge, is paid into Court.


document_id: oca-2015
provision_ref: s60
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 60
title: Extending duration of order
content:
60. —(1) If the Court has made a restraint or charging order, the Public Prosecutor may, before the order expires, apply to the Court to extend its duration. (2) The Public Prosecutor must serve a copy of the application on any person who, to the knowledge of the Public Prosecutor, will be affected by the order. (3) The Court may, on such application, order that the operation of the restraint or charging order be extended for a period not exceeding 3 months. (4) On making an order of extension, the Court may vary the restraint or charging order in any way it considers fit, including, without limitation, by specifying whether all or part of the property in question is to remain subject to the restraint or charging order during the extended period of operation. (5) The duration of a restraint or charging order may be extended more than once under this section. (6) If, before a restraint or charging order would otherwise expire under section 59(1), an application is made to the Court under this section and the application is granted, the restraint or charging order expires on the date specified in the Court’s order. Division 3 &#x2014; Confiscation orders


document_id: oca-2015
provision_ref: s61
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 61
title: Application for confiscation order
content:
61. —(1) The Public Prosecutor may apply to the Court for a confiscation order. (2) The Court is to make a confiscation order against a subject if it is satisfied on a balance of probabilities that — ( a ) the subject has carried out organised crime activity within the statutory period; and ( b ) the subject has derived benefits from the organised crime activity. (3) For the purposes of subsection (2), if it is proved on a balance of probabilities that the subject holds or has at any time (whether before, on or after 1 June 2016) held any property or any interest in the property (including income accruing from the property or interest) disproportionate to the subject’s known sources of income, the holding of which cannot be explained to the satisfaction of the Court, then the subject is, until the contrary is proved on a balance of probabilities, presumed to have derived benefits from the organised crime activity. (4) For the purposes of subsection (3), any expenditure by the subject (whether incurred before, on or after 1 June 2016) is, until the contrary is proved, presumed to have been met out of the subject’s benefits from the organised crime activity.


document_id: oca-2015
provision_ref: s62
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 62
title: Amount to be recovered under confiscation order
content:
62. —(1) The amount to be recovered from the subject under the confiscation order is the amount the Court assesses to be the value of the benefits the subject derived from the organised crime activity carried out within the statutory period. (2) For the purposes of this section — ( a ) the benefits derived by the subject from the organised crime activity are any property or any interest in property (including income accruing from the property or interest) held by the subject at any time, whether before, on or after 1 June 2016, being property or interest that is disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court; and ( b ) the value of the benefits derived by the subject from the organised crime activity is the sum of the values of the properties and interests mentioned in paragraph ( a ). (3) In determining the value of benefits under subsection (2)( b ), the Court must leave out of account the value of any benefits of organised crime activity that are shown to the Court to have been taken into account in determining the amount to be recovered under any confiscation order previously made against the subject under this Act or the CDSA. (4) The amount in the confiscation order is recoverable from the subject by the Attorney-General in any civil court of competent jurisdiction as though it were a judgment debt due to the Government.


document_id: oca-2015
provision_ref: s63
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 63
title: Confiscation order if subject has absconded or died
content:
63. —(1) The Court may make a confiscation order even if the subject has absconded or died. (2) In subsection (1), a subject has absconded if the subject is outside jurisdiction, or is unable to be found in the period of 6 months before the date of the application for the confiscation order despite all reasonable efforts having been made to find the subject.


document_id: oca-2015
provision_ref: s64
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 64
title: Settlement
content:
64. —(1) The Public Prosecutor may enter into a settlement with any person as to any property or any sum of money to be confiscated under this Part. (2) A settlement does not bind the parties unless the Court approves it. (3) The Court may approve the settlement if it is satisfied that the settlement is consistent with — ( a ) the purposes of this Part; and ( b ) the overall interests of justice. Division 4 &#x2014; General provisions for proceedings
under Divisions 2 and 3


document_id: oca-2015
provision_ref: s65
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 65
title: Effect of death on proceedings
content:
65. —(1) Where the power conferred by this Part to make a confiscation order is to be exercised in relation to a deceased subject, the order is to be made against the estate of the deceased subject. (2) Sections 61(3) and (4) and 62(2) and (3) do not apply to any deceased subject. (3) The following provisions apply in determining whether a deceased subject had derived benefits from organised crime activity carried out by the subject within the statutory period and in determining those benefits and the value of those benefits: ( a ) a deceased subject is, until the contrary is proved on a balance of probabilities, presumed to have derived benefits from the organised crime activity if the subject had, at any time (whether before, on or after 1 June 2016) since the beginning of the period of 6 years ending on the date of the subject’s death, held any property or interest in property disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court; ( b ) the benefits derived by a deceased subject from the organised crime activity are any property or interest in property held by the subject during the period mentioned in paragraph ( a ), being property or interest disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court; ( c ) the value of the benefits derived by a deceased subject from the organised crime activity is the sum of the values of those properties and interests less the value of any benefits of organised crime activity that are shown to the Court to have been taken into account in determining the amount to be recovered under any confiscation order previously made against the deceased subject under this Act or the CDSA. (4) In this section, a reference to property or interest in property includes a reference to income accruing from the property or interest.


document_id: oca-2015
provision_ref: s66
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 66
title: Exclusion of subject’s property for undue hardship
content:
66. —(1) On application by a subject within the prescribed time after a confiscation order has been made, the Court may exclude any property held by the subject from the exercise of any realisation power, if the Court is satisfied that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the subject if the power is exercised in relation to that property. (2) The circumstances to which the Court may have regard under subsection (1) include, without limitation — ( a ) the use that is ordinarily made, or was intended to be made, of the property; ( b ) the nature and extent of the subject’s interest in the property; and ( c ) the circumstances of the organised crime activity concerned. (3) Nothing in this section prevents the exercise of any realisation power over property excluded under subsection (1) if — ( a ) after the exercise of the realisation powers on other property, there is still a debt due to the Government under section 62(4); and ( b ) the subject agrees to the exercise of those powers over the property excluded under subsection (1) in order to pay all or part of that debt.


document_id: oca-2015
provision_ref: s67
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 67
title: Relief for third party
content:
67. —(1) On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court may grant such relief in relation to the exercise of any realisation power on any property held by that person as the Court considers appropriate if the Court is satisfied that, having regard to all the circumstances, undue hardship is reasonably likely to be caused to the person if the realisation power is exercised in relation to that property. (2) The circumstances to which the Court may have regard under subsection (1) include, without limitation — ( a ) the use that is ordinarily made, or was intended to be made, of the property; ( b ) the nature and extent of the person’s interest in the property; ( c ) the degree (if any) to which the person had knowledge of the organised crime activity concerned; and ( d ) the circumstances of the organised crime activity concerned. (3) On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court must grant such relief in relation to the exercise of any realisation power on property held by that person as the Court considers appropriate, if the Court is satisfied that — ( a ) the person was not in any way involved in the organised crime activity concerned; ( b ) the person had acquired the interest without knowing, and in circumstances that would not have aroused a reasonable suspicion, that the subject was involved in organised crime activity or the property was the benefits of such activity (if applicable); and ( c ) the person had acquired the interest for sufficient consideration. (4) The Court is to exercise its power under subsection (3) with a view to allowing the person to retain or recover the value of any property held by the person. (5) Regulations may be made under this Act for defining the value of property for the purposes of subsection (4).


document_id: oca-2015
provision_ref: s68
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 68
title: Compensation
content:
68. —(1) If — ( a ) no proceedings under Division 3 are instituted against the subject or such proceedings are withdrawn; ( b ) such proceedings are instituted but the Court refuses to make a confiscation order against the subject; or ( c ) the confiscation order against the subject is revoked on appeal, the Court may, on application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the Court considers it appropriate to make the order. (2) The Court must not order compensation under subsection (1) unless it is satisfied that — ( a ) there has been some serious default on the part of the Public Prosecutor, any person carrying out the duties of the Public Prosecutor under this Part, or a law enforcement officer; and ( b ) the applicant has suffered loss as a result of anything done in relation to the property by, or as a result of a restraint or charging order, or the provisions of sections 19, 20 and 22 of the CDSA as applied by section 70. (3) The amount of compensation that may be ordered is the amount that the Court thinks just, having regard to the loss suffered and any other relevant circumstances.


document_id: oca-2015
provision_ref: s69
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 69
title: Rules of Court
content:
69. Rules of Court may provide for the manner in which proceedings under this Part may be commenced or carried on.


document_id: oca-2015
provision_ref: s70
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 70
title: Application of CDSA provisions
content:
70. —(1) The following provisions of the CDSA apply in relation to a restraint order, a charging order, a confiscation order, and an application for any of these orders, as well as for the purpose of enabling the satisfaction of a confiscation order, as they apply in relation to a restraint order, a charging order and a confiscation order under the CDSA and an application for any of those orders, and for the purpose of enabling the satisfaction of a confiscation order under the CDSA, subject to the modifications in subsection (3): Sections 13(2) to (6)( a ), 14, 15(1) to (6) and (9)( b ), 18(3), 19(2), (3), (6), (8) and (9), 20(4) to (7), 21, 22(3) to (9), 23, 24, 25 (other than subsection (4)( b )), 26, 27 and 28. (2) The provisions of this Part are, accordingly, to be read subject to the provisions of the CDSA mentioned in subsection (1), as modified by subsection (3). (3) The modifications to the provisions of the CDSA mentioned in subsections (1) and (2) are — ( a ) a reference in those provisions to the defendant is a reference to the subject; ( b ) a reference to the court in those provisions (other than section 15(5) of the CDSA) is a reference to the Court; ( c ) a reference in those provisions to realisable property under the CDSA is a reference to realisable property as defined in section 46(1); ( d ) a reference in those provisions to a gift caught by the CDSA is a reference to a gift caught by this Part; ( e ) a reference in those provisions to the benefits derived by the defendant from drug dealing or from criminal conduct is a reference to the benefits derived by the subject from organised crime activity; ( f ) a reference in section 15(9)( b ) of the CDSA to the circumstances under section 15(9)( a ) of the CDSA is a reference to the circumstances under section 47(3); ( g ) a reference in those provisions to a receiver appointed under section 19 or 22 of the CDSA is a reference to a receiver appointed under that provision of the CDSA as applied by this section; ( h ) a reference in section 21(4) of the CDSA to section 20(8) of the CDSA is a reference to section 59(5); ( i ) an application to the Court to exercise the powers conferred by section 22(3) to (7) of the CDSA may be made, and those powers may be exercised, after the confiscation order is made and either in the same proceedings or in separate proceedings, except that an order under any of those provisions of the CDSA may only take effect, and any power conferred on the Public Trustee or a receiver by such an order may only be exercised — (i) after any pending appeal against the confiscation order has been dealt with and the order is not revoked, or the period for bringing an appeal has lapsed; and (ii) if the confiscation order has not been fully satisfied within the period specified in the order; ( j ) except as otherwise stated in this section or prescribed in paragraph ( k ), a reference in those provisions to a provision of the CDSA is a reference to that provision of the CDSA as applied by this section; and ( k ) any other modifications that may be prescribed for the purposes of this section.


document_id: oca-2015
provision_ref: s71
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 71
title: Right of appeal
content:
71. —(1) An appeal may be made to the Court of Appeal in relation to any decision of the Court under this Part. (2) Rules of Court may provide for the manner in which an appeal under subsection (1) may be made. Division 5 &#x2014; Information-gathering powers


document_id: oca-2015
provision_ref: s72
chapter: PART 9 - CONFISCATION OF BENEFITS
section: 72
title: Application of information-gathering powers in CDSA
content:
72. —(1) Sections 36 to 41, 49 (other than subsections (2), (3), (11)( b ) and (12)) and 77 (other than subsection (2)) of the CDSA also apply for the purpose of any proceeding or proposed proceeding under this Part, as they apply for the purpose of an investigation into drug dealing or criminal conduct, or (as the case may be) a drug dealing offence or serious offence, under the CDSA, subject to the modifications in subsection (2). (2) The modifications to those provisions of the CDSA are — ( a ) a reference in those provisions to an authorised officer is a reference to such law enforcement officer, or an officer within such class of law enforcement officers, as may be prescribed; ( b ) a reference in those provisions to grounds for suspecting that a specified person has carried on or has benefited from drug dealing or from criminal conduct is a reference to grounds for suspecting that the subject has carried out organised crime activity; ( c ) a reference in those provisions to a restraint order, charging order or confiscation order under the CDSA is a reference to a restraint order, charging order or confiscation order under this Part; ( d ) a reference in those provisions of the CDSA to a specified person or defendant is a reference to the subject; ( e ) an order under section 49 of the CDSA may be made by the Court only if it has reasonable grounds to believe that the subject has carried out organised crime activity; and ( f ) any other modifications that may be prescribed for the purposes of this section.


document_id: oca-2015
provision_ref: s73
chapter: PART 10 - MISCELLANEOUS
section: 73
title: Examination orders
content:
73. —(1) A law enforcement officer may, for the purpose of any proceeding or proposed proceeding under Part 3, 4, 5 or 9, apply to the General Division of the High Court for an order under subsection (2) in relation to particular information, or information of a particular description. [40/2019] (2) The General Division of the High Court may, if on such an application it is satisfied that all of the conditions in subsection (3) are fulfilled, make an order that a person who appears to the General Division of the High Court to be in possession of the information to which the application relates must do one or more of the following by the time specified in the order: ( a ) attend before an authorised officer; ( b ) answer questions with respect to any matter that the authorised officer has reason to believe may be relevant to the proceeding or proposed proceeding; ( c ) supply any information specified in the order or produce for inspection any document specified in the order. [40/2019] (3) The conditions mentioned in subsection (2) are that — ( a ) there are reasonable grounds for suspecting that — (i) in relation to a proceeding or proposed proceeding under Part 3, 4 or 5 — a person has been involved in any Part 2 offence (as defined under section 14(5)) or any serious offence associated with an organised criminal group (as defined under section 14(2)); or (ii) in relation to a proceeding or proposed proceeding under Part 9 — a person has carried out organised crime activity (as defined under section 48); ( b ) there are reasonable grounds for suspecting that a specified person is able to do one or both of the following: (i) answer any question on any matter that is likely to be of substantial value (whether by itself or together with other material) to the proceeding or proposed proceeding; (ii) supply any information with respect to any matter that is likely to be of substantial value (whether by itself or together with other material) to the proceeding or proposed proceeding; and ( c ) there are reasonable grounds for believing that it is in the public interest that the question is answered or the information is supplied (as the case may be), having regard to — (i) the benefit likely to accrue to the proceeding or proposed proceeding if the information is supplied; and (ii) the circumstances under which the person learns of the information. (4) In an application for an order under this section, any defence that is available to a person who is prosecuted for an offence relating to the involvement mentioned in subsection (3)( a )(i), or an offence constituting the organised crime activity in subsection (3)( a )(ii) (as the case may be), is also available to a person against whom the order is sought. (5) A person required to attend before an authorised officer under subsection (2) must be given a reasonable opportunity to arrange for an advocate and solicitor to accompany the person. (6) If any document is produced pursuant to an order under this section, an authorised officer may do any one or more of the following: ( a ) retain the original document produced for as long as is necessary for the purposes of the proceeding or proposed proceeding; ( b ) take copies of the document, or of extracts from the document; ( c ) require the person producing the document to provide an explanation of the history, subject matter, and contents of the document and to answer any other questions that arise from that explanation and that the authorised officer has reason to believe may be relevant to the proceeding or proposed proceeding; ( d ) if necessary, require the person producing the document to reproduce, or assist an authorised officer to reproduce, in a usable form, any information recorded or stored in the document. (7) An order under subsection (2) or a requirement under subsection (6) — ( a ) does not confer any right to require a person to supply items subject to legal privilege; but ( b ) has effect despite any obligation as to secrecy or other restriction upon the disclosure of information imposed by written law or otherwise. (8) A person is not excused from complying with an order under subsection (2) or a requirement under subsection (6) on the ground that — ( a ) the supply of any information might tend to incriminate the person or make the person liable to a penalty; or ( b ) the supply of any information would be in breach of an obligation (whether imposed by written law or otherwise) of the person not to disclose the existence or contents of the material. (9) Where a person complies with an order under subsection (2) or a requirement under subsection (6), any information so supplied is not admissible against the person in any criminal proceedings except a proceeding for an offence under subsection (12). (10) A person who complies with an order under subsection (2) or a requirement under subsection (6) is not to be treated as being in breach of any restriction upon the disclosure of information imposed by written law or otherwise. (11) No action lies against a person who in good faith supplies information in compliance with an order under subsection (2) or a requirement under subsection (6). (12) A person shall be guilty of an offence if the person — ( a ) contravenes or fails to comply with an order under subsection (2) or a requirement under subsection (6) without reasonable excuse; or ( b ) in purported compliance with the order or requirement, supplies information known to the person to be false or misleading in a material particular. (13) A person guilty of an offence under subsection (12) 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. (14) An authorised officer may exercise the powers conferred on him or her by this section despite any provision in any other written law relating to the supply of information or information of a particular description. (15) An appeal lies from any order made under subsection (2), or the refusal to make such an order, by the General Division of the High Court to the Court of Appeal. [40/2019] (16) Rules of Court may provide for — ( a ) the manner in which an appeal under subsection (15) may be made; ( b ) the discharge and variation of orders under this section; and ( c ) proceedings relating to such orders. (17) In this Part, “authorised officer” means such law enforcement officer, or class of law enforcement officers, as may be prescribed.


document_id: oca-2015
provision_ref: s74
chapter: PART 10 - MISCELLANEOUS
section: 74
title: Duty to give information of certain matters
content:
74. —(1) Every person who is aware of any information relating to — ( a ) the commission of; ( b ) an arrangement facilitating the commission of; or ( c ) the intention of any other person to commit or facilitate, any offence punishable under this Act, must, in the absence of reasonable excuse (the burden of proving which lies upon the person so aware), immediately give the information to any law enforcement officer of the commission, arrangement or intention. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of a natural person, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in any other case, to a fine not exceeding $10,000. (3) For the purposes of subsection (1), it is a reasonable excuse for a person not to comply with that subsection if the person has already given the information mentioned in that subsection to a law enforcement officer pursuant to any other written law.


document_id: oca-2015
provision_ref: s75
chapter: PART 10 - MISCELLANEOUS
section: 75
title: Offences arrestable
content:
75. Every offence under this Act is arrestable for the purposes of the Criminal Procedure Code 2010.


document_id: oca-2015
provision_ref: s76
chapter: PART 10 - MISCELLANEOUS
section: 76
title: Offences by bodies corporate, etc.
content:
76. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on his or her part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on his or her part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership within the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to a body corporate or an unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: oca-2015
provision_ref: s77
chapter: PART 10 - MISCELLANEOUS
section: 77
title: Consent of Public Prosecutor
content:
77. No prosecution in respect of any offence under this Act may be instituted except by or with the consent of the Public Prosecutor.


document_id: oca-2015
provision_ref: s78
chapter: PART 10 - MISCELLANEOUS
section: 78
title: Jurisdiction of courts
content:
78. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence punishable under this Act, other than an offence punishable with death or imprisonment for life, and has power to impose the full penalty or punishment in respect of the offence.


document_id: oca-2015
provision_ref: s79
chapter: PART 10 - MISCELLANEOUS
section: 79
title: Composition of offences
content:
79. —(1) The Minister or a public officer authorised by the Minister in writing may compound any offence under this Act that is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further criminal proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: oca-2015
provision_ref: s80
chapter: PART 10 - MISCELLANEOUS
section: 80
title: Amendment of Schedule
content:
80. —(1) The Minister may, by order in the Gazette , amend the Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.


document_id: oca-2015
provision_ref: s81
chapter: PART 10 - MISCELLANEOUS
section: 81
title: Regulations
content:
81. —(1) The Minister may make regulations for anything that is required, permitted or necessary for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the electronic monitoring of an individual subject to an OCPO; ( b ) the application of any provision of the Criminal Procedure Code 2010, with such exceptions, modifications and adaptations as are necessary in relation to an application under section 15, 21, 28, 32 or 33, or in relation to an appeal under section 34; ( c ) the prescribing of anything that is required or permitted to be prescribed under this Act. (3) Regulations made under subsection (1) may — ( a ) provide that a contravention of any specified provision of those regulations is an offence; and ( b ) provide for penalties not exceeding a fine of $10,000 or imprisonment for a term not exceeding 2 years or both, for each offence.


document_id: oca-2015
provision_ref: s82
chapter: PART 10 - MISCELLANEOUS
section: 82
title: Orders and regulations to be presented to Parliament
content:
82. All orders and regulations made under this Act are to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ocha-2023
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Online Criminal Harms Act 2023 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: ocha-2023
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act — “access”, in relation to any online activity, online material, online location or online service, includes — ( a ) access that is subject to a precondition, such as the use of a password; ( b ) access by way of push technology; ( c ) access by way of a standing request; and ( d ) access for a limited time only; “access blocking direction” means a direction described in section 10; “access blocking order” means an order described in section 29; “account” includes — ( a ) a free account; ( b ) a prepaid account; and ( c ) anything that may reasonably be regarded as the equivalent of an account; “account restriction direction” means a direction described in section 11; “app” includes a computer program; “app distribution service” means an online service that enables the distribution or download of an app; “app removal direction” means a direction described in section 12; “app removal order” means an order described in section 30; “authorised officer” means an authorised officer appointed under section 4; “chosen means of identification”, in relation to the recipient of an access blocking direction or access blocking order, means any electronic means nominated by the recipient as the means by which any relevant material or relevant location, access to which is to be disabled in compliance with that direction or order, may, from time to time, be identified, and the identity thereof transmitted to the recipient, after that direction or order has been served on the recipient; “code application notice” means a notice given under section 22(1); “code of practice” or “code” means a code of practice issued under section 21(1), and includes a code of practice varied under section 21(2) or 26(7); “competent authority” means the competent authority appointed under section 3; “designated officer” means a designated officer appointed under section 4; “designated online service” means an online service designated to be a designated online service under section 20(1); “designated provider” means the provider of a designated online service; “designated provider’s service” means the designated online service of a designated provider; “disabling direction” means a direction described in section 9; “entity” means — ( a ) a body corporate (including a limited liability partnership); ( b ) an unincorporated association; ( c ) a partnership; ( d ) a body politic; ( e ) a body of individuals who together form a body; or ( f ) a person other than an individual; “functionality”, in relation to an online service, includes any features of the online service prescribed by regulations; “implementation directive” or “directive” means a directive to implement any system, process or measure made under section 24; “internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore, that enables access to online activity by means of the internet, but excludes any telecommunication service excluded by regulations; Illustrations Service of an Internet Access Service Provider licensed under the Telecommunications Act 1999. Internet reseller service, localised or non‑localised. “material” means information or material in any form, such as (but not limited to) — ( a ) oral, written, electronic or digital form; and ( b ) audio, visual, pictorial or graphic form (for example, an anthropomorphic or humanlike depiction), and includes information or material in any combination of forms; “non-compliant online service” means an online service of an online service provider who did not comply with a Part 2 direction, a rectification notice, an implementation directive or a Part 6 order, in relation to that online service or any online activity, online material, online account, app, online service or online location that can be accessed on or through that online service; “offence group” means the offences specified in a Part of the Second Schedule; “online account” means an account on an online service; “online activity” means any activity conducted by means of the internet, and regulations may clarify the types of activities that are online activities; “online location” means any internet domain, website, webpage, chatroom, channel, group, forum or any other location, that can be accessed by means of the internet; “online material” means material (including any computer program, machine code and internet link) that can be accessed at an online location by means of the internet; “online service” means the whole or any part of any service on or through which online activity can be conducted and which can be accessed by means of the internet, and regulations may clarify the types of services that are online services; “online service provider” means the provider of an online service; “originator”, in relation to relevant material, means the person who posted the relevant material, and excludes any other person who reposts identical copies of the relevant material so posted; “owner”, for an app that is distributed or available for download by means of an app distribution service, means a person that caused the app to be distributed or available for download by means of the app distribution service; “Part 2 direction” means any of the following directions: ( a ) an access blocking direction; ( b ) an account restriction direction; ( c ) an app removal direction; ( d ) a disabling direction; ( e ) a stop communication direction; “Part 6 order” means any of the following orders: ( a ) an access blocking order; ( b ) an app removal order; ( c ) a service restriction order; “partnership” includes a limited partnership but not a limited liability partnership; “person” includes an individual and an entity; “proprietor” — ( a ) for an online location, means a person who — (i) develops and maintains the online location; (ii) organises, manages or supervises the use of the online location; (iii) manages or regulates membership of, or access to, the online location; or (iv) has the authority to decide whether any material may be included or excluded on the online location, or where to place the material on the online location or otherwise exercise editorial control over the online location; and ( b ) for an online account, means a person who has control of the account; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “recipient”, in relation to a Part 2 direction, means a person who is given the Part 2 direction in accordance with section 7; “rectification notice” means a notice to rectify any non‑compliance with a code of practice made under section 23; “regulations” means regulations made under section 60; “related offence group”, in relation to a designated online service designated as such in relation to an offence group, means that offence group; “relevant account”, in relation to a notice, direction or order under this Act, means an online account identified in the notice, direction or order; “relevant app”, in relation to a notice, direction or order under this Act, means an app identified in the notice, direction or order; “relevant location”, in relation to a notice, direction or order under this Act, means an online location identified — ( a ) in the notice, direction or order; or ( b ) by the chosen means of identification; “relevant material”, in relation to a notice, direction or order under this Act, means online material identified — ( a ) in the notice, direction or order; or ( b ) by the chosen means of identification; “relevant service”, in relation to a notice, direction or order under this Act, means an online service identified in the notice, direction or order; “Reviewing Tribunal” means a body established by section 38; “scam or malicious cyber activity offence” means an offence specified in Part 2 of the First Schedule; “service restriction order” means an order described in section 31; “Singapore end-user”, in relation to a designated online service, means a Singapore person who, whether or not in the course of business — ( a ) has access to any online activity; or ( b ) can conduct online activity, on or through the designated online service; “Singapore person” means — ( a ) an individual physically present in Singapore; or ( b ) an entity which — (i) is incorporated under any written law; or (ii) is formed or constituted under a law of a foreign country or territory but registered under any written law; “specified offence” means an offence specified in Part 1 of the First Schedule; “stop communication direction” means a direction described in section 8; “telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999. (2) In this Act, a reference to a notice, a direction, a directive or an order under this Act includes a reference to the notice, direction, directive or order (as the case may be) as varied or substituted under this Act.


document_id: ocha-2023
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Competent authority
content:
3. —(1) The Minister may appoint — ( a ) a public officer from a Ministry or department of the Government; or ( b ) an employee of a public authority, under the charge of the Minister to be the competent authority. (2) Subject to any general or special directions of the Minister, the competent authority is responsible for the administration of this Act, and may perform such duties as are imposed, and may exercise such powers as are conferred, on the competent authority by this Act. (3) The Minister may from time to time give the competent authority directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the competent authority, and the duties imposed on the competent authority, by this Act; and the competent authority must give effect to those directions.


document_id: ocha-2023
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Designated officers and authorised officers
content:
4. —(1) The Minister may appoint any of the following as a designated officer or an authorised officer or both: ( a ) a public officer from any Ministry or department of the Government; ( b ) an employee of a public authority. (2) The appointment under subsection (1) of — ( a ) a public officer from a Ministry or department of the Government; or ( b ) an employee of a public authority, under the charge of another Minister is to be made in consultation with the other Minister. (3) Every designated officer or authorised officer appointed under subsection (1)( b ) is deemed to be a public servant for the purpose of the Penal Code 1871. (4) A reference in subsection (1) or (2) to a public officer from a Ministry or department of the Government or an employee of a public authority includes a public officer from another Ministry or department or an employee of another public authority performing duties in the firstmentioned Ministry, department or public authority (as the case may be) under a secondment arrangement making available temporarily to that firstmentioned Ministry, department or public authority the services of the public officer or employee. (5) The powers of a designated officer under this Act are to be exercised subject to any directions given, and any conditions and limitations specified, by the head of the Ministry, department or public authority in which the designated officer is serving, or any other person authorised by the head to give those directions or specify the conditions and limitations.


document_id: ocha-2023
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Delegation by competent authority
content:
5. —(1) The competent authority may delegate the exercise of all or any of the powers or duties of the competent authority under any provision of this Act or the regulations (except the power of delegation conferred by this section) to one or more authorised officers, and any reference in a provision of this Act or the regulations to the competent authority includes a reference to an authorised officer to whom the powers or duties under that provision have been delegated. (2) Any delegation under subsection (1) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the competent authority may specify. (3) The competent authority may give an authorised officer directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and duties delegated to the authorised officer under this Act; and the authorised officer must give effect to those directions.


document_id: ocha-2023
provision_ref: s6
chapter: PART 2 - DIRECTIONS AGAINST OFFENCES
section: 6
title: Part 2 direction — general
content:
6. —(1) A designated officer may give one or more Part 2 directions in respect of online activity if the designated officer — ( a ) reasonably suspects that a specified offence has been committed and that any online activity is in furtherance of the commission of the offence; or ( b ) suspects or has reason to believe that any online activity is preparatory to, or in furtherance of, the commission of a scam or malicious cyber activity offence. (2) A Part 2 direction may be given to — ( a ) any individual whether or not a resident or citizen of Singapore, whether physically present in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore; or ( b ) any entity whether formed, constituted or registered in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore. (3) A Part 2 direction may direct a person to do an act or to not do an act, whether in Singapore or outside Singapore.


document_id: ocha-2023
provision_ref: s7
chapter: PART 2 - DIRECTIONS AGAINST OFFENCES
section: 7
title: Part 2 direction — given to whom
content:
7. The Part 2 directions and the persons to whom they may be given are listed in the table below: Direction Recipient may be 1. Stop communication direction A person who has control of the relevant material or the proprietor of the relevant location. 2. Disabling direction The provider of an online service, excluding an internet access service or app distribution service. 3. Access blocking direction The provider of an internet access service. 4. Account restriction direction The provider of an online service, excluding an internet access service or app distribution service. 5. App removal direction The provider of an app distribution service.


document_id: ocha-2023
provision_ref: s8
chapter: PART 2 - DIRECTIONS AGAINST OFFENCES
section: 8
title: Stop communication direction — content
content:
8. A stop communication direction is a direction requiring the recipient to take all reasonable steps to do one or more of the following, and by the time, specified in the direction, such that the relevant material, online material similar to it or the relevant location (as the case may be) cannot be accessed by Singapore persons: ( a ) to remove the relevant material; ( b ) to stop storing, posting, providing or transmitting any online material similar to the relevant material; ( c ) to disable access to the relevant location.


document_id: ocha-2023
provision_ref: s9
chapter: PART 2 - DIRECTIONS AGAINST OFFENCES
section: 9
title: Disabling direction — content
content:
9. A disabling direction is a direction requiring the recipient to take all reasonable steps to disable access by Singapore persons to one or more of the following, and by the time, specified in the direction: ( a ) any relevant material stored, posted, provided or transmitted on or through the recipient’s online service; ( b ) any identical copies of the relevant material stored, posted, provided or transmitted on or through the recipient’s online service; ( c ) any relevant location on the recipient’s online service.


document_id: ocha-2023
provision_ref: s10
chapter: PART 2 - DIRECTIONS AGAINST OFFENCES
section: 10
title: Access blocking direction — content
content:
10. An access blocking direction is a direction requiring the recipient to take all reasonable steps to disable access by Singapore persons by means of the recipient’s internet access service to any relevant material or relevant location, by the time specified in the direction.


document_id: ocha-2023
provision_ref: s11
chapter: PART 2 - DIRECTIONS AGAINST OFFENCES
section: 11
title: Account restriction direction — content
content:
11. —(1) An account restriction direction is a direction requiring the recipient to take all reasonable steps to disallow or restrict interaction between any relevant account on the recipient’s online service and Singapore persons, by the time specified in the direction. (2) Reasonable steps may include the termination, suspension or restriction of one or more functionalities of the online service in relation to the relevant account if this is necessary to comply with subsection (1).


document_id: ocha-2023
provision_ref: s12
chapter: PART 2 - DIRECTIONS AGAINST OFFENCES
section: 12
title: App removal direction — content
content:
12. An app removal direction is a direction requiring the recipient to take all reasonable steps to stop distributing a relevant app to Singapore persons and stop enabling Singapore persons to download a relevant app, by means of the recipient’s app distribution service, by the time specified in the direction.


document_id: ocha-2023
provision_ref: s13
chapter: PART 2 - DIRECTIONS AGAINST OFFENCES
section: 13
title: Part 2 direction — supplementary provisions
content:
13. —(1) A Part 2 direction may be given to a person either individually or as a class. (2) A Part 2 direction is binding on — ( a ) the recipient; and ( b ) if applicable, the personal representatives, successors and assignees of the recipient to the same extent as it applies to the recipient. (3) It is not necessary to give any person who may be affected by a Part 2 direction a chance to be heard before the direction is given. (4) A Part 2 direction must — ( a ) so far as is reasonably practicable, identify the relevant account, relevant app, relevant material or relevant location (as the case may be) to which the direction relates in a way that is sufficient to enable the person given the direction to comply with the direction; ( b ) state whether the recipient must do all or any of the following, whichever being applicable: (i) notify the competent authority by the time specified in the direction of the means by which the person proposes to comply with the direction; (ii) keep information about the matters that are the subject of the direction for a time specified in the direction; (iii) regularly notify the competent authority at the times specified in the direction about the steps being taken towards compliance with the direction; (iv) give written notice to the competent authority when the person has complied with the direction; and ( c ) state that it is an offence under this Act to fail to comply with the direction. (5) The recipient of a Part 2 direction must comply with the Part 2 direction until the earlier of the following occurs: ( a ) the expiry date and time (if any) stated in the direction is reached; ( b ) the Part 2 direction is cancelled or substituted under section 14(1) or 17(1), or cancelled under section 41(3). (6) An access blocking direction may specify that relevant materials or relevant locations, or both (as the case may be) will be identified and the identities thereof transmitted to the recipient, from time to time, by the recipient’s chosen means of identification. (7) An access blocking direction described in subsection (6) that has been given to the recipient is deemed to be given in relation to any relevant material or relevant location that is subsequently identified and the identity of which is transmitted to the recipient by the recipient’s chosen means of identification, when data identifying the relevant material or the relevant location (as the case may be) becomes accessible by the recipient by that means. (8) An access blocking direction described in subsection (6) is deemed to be cancelled (in relation to any relevant material or relevant location that was identified and the identity of which was transmitted to the recipient by the recipient’s chosen means of identification) when the data identifying the relevant material or relevant location is no longer accessible by the recipient by that means, and in such a case no written notice of the cancellation needs to be given to the recipient.


document_id: ocha-2023
provision_ref: s14
chapter: PART 2 - DIRECTIONS AGAINST OFFENCES
section: 14
title: Part 2 direction — self-initiated cancellation or substitution
content:
14. —(1) A designated officer may at any time, on his or her own initiative — ( a ) cancel a Part 2 direction; or ( b ) substitute a Part 2 direction with another Part 2 direction. (2) Where a Part 2 direction is cancelled under subsection (1)( a ), written notice of the cancellation must be given to every person who has been given that Part 2 direction.


document_id: ocha-2023
provision_ref: s15
chapter: PART 3 - PART 2 DIRECTION — RECONSIDERATION AND APPEAL
section: 15
title: Part 2 direction — appellants
content:
15. The persons who may apply for reconsideration of, or appeal against, each type of Part 2 direction are listed in the table below: Type of Part 2 direction Appellant 1. Stop communication direction The recipient. 2. Disabling direction ( a ) The recipient. ( b ) The proprietor of the relevant location. ( c ) The originator of the relevant material. 3. Access blocking direction ( a ) The recipient. ( b ) The proprietor of the relevant location. ( c ) The originator of the relevant material. 4. Account restriction direction ( a ) The recipient. ( b ) The proprietor of the relevant account. 5. App removal direction ( a ) The recipient. ( b ) The owner of the relevant app. Division 2 &#x2014; Reconsideration


document_id: ocha-2023
provision_ref: s16
chapter: PART 3 - PART 2 DIRECTION — RECONSIDERATION AND APPEAL
section: 16
title: Part 2 direction — application for reconsideration
content:
16. —(1) An appellant may apply for reconsideration by a designated officer of a Part 2 direction. (2) An application under subsection (1) must be made — ( a ) in a prescribed manner; and ( b ) not later than 30 days after being given the Part 2 direction. (3) An application for reconsideration does not affect the operation of the Part 2 direction concerned.


document_id: ocha-2023
provision_ref: s17
chapter: PART 3 - PART 2 DIRECTION — RECONSIDERATION AND APPEAL
section: 17
title: Part 2 direction — reconsideration
content:
17. —(1) A designated officer must, within a reasonable time after receipt of any application to reconsider a Part 2 direction under section 16 — ( a ) affirm the Part 2 direction; ( b ) cancel the Part 2 direction; or ( c ) substitute the Part 2 direction with another Part 2 direction. (2) The designated officer must give notice of the decision under subsection (1) to the appellant and the recipient of the Part 2 direction (if that person is not the appellant). Division 3 &#x2014; Appeal to Reviewing Tribunal


document_id: ocha-2023
provision_ref: s18
chapter: PART 3 - PART 2 DIRECTION — RECONSIDERATION AND APPEAL
section: 18
title: Appeal by appellant
content:
18. —(1) An appellant who receives notice under section 17(2) of the decision to affirm or substitute the Part 2 direction concerned may, on payment of such fee as may be prescribed, appeal against the Part 2 direction to a Reviewing Tribunal in accordance with Part 8. (2) An appeal under subsection (1) does not affect the operation of the Part 2 direction appealed against.


document_id: ocha-2023
provision_ref: s19
chapter: PART 4 - DESIGNATED ONLINE SERVICES
section: 19
title: Part 4 — general
content:
19. —(1) The purpose of this Part is to counter the commission of offences specified in the Second Schedule by — ( a ) promoting or requiring good practices by a designated provider against the commission of offences within a related offence group of its designated online service; and ( b ) requiring a designated provider to implement appropriate systems, processes or measures for one or more of the purposes set out in the Third Schedule in relation to a related offence group of its designated online service. (2) The online service of an online service provider may be designated under section 20, and a code application notice, a rectification notice or an implementation directive may be given to a designated provider — ( a ) whether or not the designated provider (being an individual) is a resident or citizen of Singapore, whether he or she is physically present in Singapore or outside Singapore, and whether he or she is carrying on a business or operating in Singapore or outside Singapore; or ( b ) whether the designated provider (being an entity) is formed, constituted or registered in Singapore or outside Singapore, and whether it is carrying on a business or operating in Singapore or outside Singapore. (3) A code of practice, a rectification notice or an implementation directive may require a person to do an act or to not do an act, whether in Singapore or outside Singapore. (4) A requirement of a code of practice has effect despite — ( a ) a duty of confidentiality or privacy imposed by any rule of law; or ( b ) a duty imposed by any contract or any rule of professional conduct, that would otherwise prevent or restrict the person from complying with the requirement.


document_id: ocha-2023
provision_ref: s20
chapter: PART 4 - DESIGNATED ONLINE SERVICES
section: 20
title: Designated online service and related offence group
content:
20. —(1) The competent authority may designate an online service of an online service provider as a designated online service in relation to one or more offence groups, if the competent authority is satisfied that — ( a ) the online service is or is likely to be used in the facilitation or commission of any offence or offences within that offence group or each of those offence groups; and ( b ) the online service or any online activity conducted on or through the online service can be accessed by Singapore persons. (2) The competent authority must give a notice of the designation to the provider of the designated online service, identifying the designated online service and specifying the related offence group or groups of the designated online service and the date the designation takes effect. (3) The designation of a designated online service in relation to a related offence group under subsection (1) may be revoked at any time by the competent authority; and the competent authority must give a notice of the revocation to the provider of the designated online service concerned. (4) In subsection (1), a reference to facilitation of an offence includes conducting any online activity on or through the online service, where the activity is preparatory to, or in furtherance of, the commission of the offence.


document_id: ocha-2023
provision_ref: s21
chapter: PART 4 - DESIGNATED ONLINE SERVICES
section: 21
title: Codes of practice — issue by competent authority
content:
21. —(1) The competent authority may, for the purpose mentioned in section 19, issue one or more codes of practice applicable to — ( a ) any type of online service in relation to any offence group; or ( b ) a particular designated provider’s service in relation to any related offence group of that service. (2) The competent authority may at any time — ( a ) vary a code of practice (including by adding anything to it); or ( b ) revoke a code of practice. (3) If any provision in a code of practice is inconsistent with any provision of this Act, that provision — ( a ) has effect subject to this Act; or ( b ) having regard to this Act and the regulations, has no effect. (4) A code of practice issued under this section does not have legislative effect.


document_id: ocha-2023
provision_ref: s22
chapter: PART 4 - DESIGNATED ONLINE SERVICES
section: 22
title: Code application notice
content:
22. —(1) The competent authority may give notice to a designated provider that a code of practice applies to the designated provider’s service only if — ( a ) the code of practice is one that is specifically applicable to the designated provider’s service in relation to any related offence group of that service; or ( b ) where the code is one that is generally applicable to a type of online service in relation to any offence group — (i) the designated provider’s service is of that type; and (ii) the offence group is a related offence group of the designated provider’s service. (2) The code application notice must identify the designated provider’s service, the related offence group to which the code of practice relates and the date of application of the code of practice. (3) The competent authority may, for such time as the competent authority may specify, waive the application of a code of practice (or any part of the code of practice) to a designated provider. (4) The competent authority may at any time, on the competent authority’s own initiative, cancel a code application notice, and must give written notice of the cancellation to the designated provider that was given the code application notice. (5) Subject to this section and section 21(3), the designated provider must take all reasonably practicable steps to comply with every code of practice applicable to the designated provider’s service.


document_id: ocha-2023
provision_ref: s23
chapter: PART 4 - DESIGNATED ONLINE SERVICES
section: 23
title: Rectification notice
content:
23. —(1) If, whether upon a review of a report given pursuant to a code of practice or otherwise, the competent authority is of the opinion that a designated provider has not complied with any part of a code of practice that applies to the designated provider’s service, the competent authority may give the designated provider a notice to rectify the non‑compliance with the code within the permitted time. (2) A rectification notice under subsection (1) must set out — ( a ) details of the non-compliance with the code of practice; and ( b ) the time within which the non-compliance must be rectified. (3) The competent authority may extend the time within which the non‑compliance identified in the notice must be rectified. (4) In subsection (1), “permitted time” means the time within which the non‑compliance must be rectified as set out in the notice or, if the time has been extended under subsection (3), the extended time notified to the designated provider.


document_id: ocha-2023
provision_ref: s24
chapter: PART 4 - DESIGNATED ONLINE SERVICES
section: 24
title: Implementation directive
content:
24. —(1) The competent authority may give a designated provider a directive to implement any system, process or measure, within the permitted time, if the competent authority is satisfied that the system, process or measure is necessary or expedient for the furtherance of the purpose in section 19. (2) An implementation directive must set out — ( a ) details of the system, process or measure to be implemented; and ( b ) the time within which the system, process or measure must be implemented. (3) The competent authority may extend the time within which the system, process or measure specified in the implementation directive must be implemented. (4) In subsection (1), “permitted time” means the time within which the system, process or measure must be implemented as set out in the implementation directive or, if the time has been extended under subsection (3), the extended time notified to the designated provider. (5) The competent authority may at any time, on the competent authority’s own initiative — ( a ) cancel an implementation directive; or ( b ) substitute an implementation directive with another implementation directive. (6) Where an implementation directive is cancelled under subsection (5)( a ), written notice of the cancellation must be given to the designated provider that has been given that directive.


document_id: ocha-2023
provision_ref: s25
chapter: PART 5 - APPEALS ARISING FROM PART 4
section: 25
title: Appeal to Minister — appellants
content:
25. The persons who may appeal against each type of decision or requirement under Part 4 are listed in the table below: Type of decision or requirement Appellant 1. Decision to designate an online service as a designated online service under section 20(1) The provider of the online service given a notice of that decision under section 20(2). 2. Decision to give a code application notice to a designated provider under section 22(1) The designated provider given a code application notice. 3. A requirement in a code of practice applicable to a designated provider issued under section 21(1) or varied under section 21(2) The designated provider. 4. A requirement in an implementation directive given under section 24(1) or a substitute implementation directive given under section 24(5)( b ) The designated provider that is given the implementation directive or substitute implementation directive.


document_id: ocha-2023
provision_ref: s26
chapter: PART 5 - APPEALS ARISING FROM PART 4
section: 26
title: Appeal to Minister
content:
26. —(1) An appellant may appeal to the Minister against a decision or requirement mentioned in section 25 in the manner prescribed. (2) An appeal under subsection (1) must be made not later than 30 days after — ( a ) if the appeal is against a decision to give a code application notice or a requirement in an implementation directive — the date of service of the code application notice or the implementation directive, as the case may be; ( b ) if the appeal is against a decision to designate an online service as a designated online service, or a requirement in a code of practice (or a variation thereof) — the date the designation or requirement in the code or variation thereof (as the case may be) takes effect in respect of the appellant; or ( c ) such longer period as the Minister allows in a particular case (whether allowed before or after the end of the 30 days). (3) Any person who appeals to the Minister under subsection (1) must — ( a ) in the appeal, state as concisely as possible the circumstances under which the appeal arises, and the issues and grounds for the appeal; and ( b ) submit the appeal to the Minister together with all relevant facts, evidence and arguments for the appeal, within the period specified in subsection (2). (4) Where an appeal has been made to the Minister under subsection (1), the Minister may require any party to the appeal to provide the Minister with such information as the Minister may require, whether for the purpose of deciding if an Appeals Advisory Committee should be established or for determining the appeal, and any person so required must provide the information in such manner and within such period as may be specified by the Minister. (5) The Minister is not under any duty to hear, consider or determine any appeal if — ( a ) the appellant does not comply with subsection (3) or (4); or ( b ) it appears that the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious. (6) The decision or requirement appealed against must be complied with until the determination of the appeal. (7) The Minister may determine an appeal under this section by confirming, varying or cancelling the decision or requirement appealed against. (8) The decision of the Minister in any appeal is final. (9) The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.


document_id: ocha-2023
provision_ref: s27
chapter: PART 5 - APPEALS ARISING FROM PART 4
section: 27
title: Appeals Advisory Committee
content:
27. —(1) The Minister may appoint an Appeals Advisory Committee comprising one or more individuals with suitable experience to provide advice to the Minister with regard to an appeal under section 26. (2) Before determining an appeal under section 26(7), the Minister may consult the Appeals Advisory Committee in respect of the appeal but, in making the determination, is not bound by such consultation. (3) The remuneration and allowances (if any) of a member of an Appeals Advisory Committee are to be determined by the Minister. (4) An Appeals Advisory Committee is independent in the performance of its functions.


document_id: ocha-2023
provision_ref: s28
chapter: PART 6 - ORDERS AGAINST NON-COMPLIANCE
section: 28
title: Part 6 order — general
content:
28. —(1) The competent authority may give a Part 6 order if any person has not complied with a requirement of a Part 2 direction, a rectification notice, an implementation directive or a Part 6 order. (2) A Part 6 order may be given to — ( a ) any individual whether or not a resident or citizen of Singapore, whether physically present in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore; or ( b ) any entity whether formed, constituted or registered in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore. (3) A Part 6 order may direct a person to do an act or to not do an act, whether in Singapore or outside Singapore.


document_id: ocha-2023
provision_ref: s29
chapter: PART 6 - ORDERS AGAINST NON-COMPLIANCE
section: 29
title: Access blocking order — content
content:
29. —(1) An access blocking order is an order requiring the provider of an internet access service to take all reasonable steps to disable access by Singapore persons to the relevant location by means of that internet access service, by the time specified in the access blocking order. (2) The relevant location specified in the access blocking order must be — ( a ) an online location of a proprietor who did not comply with a Part 2 direction in respect of that online location or online material accessible at that online location; or ( b ) an online location at which an online service of an online service provider can be accessed, if the online service provider did not comply with a Part 2 direction, a rectification notice, an implementation directive or a Part 6 order, in relation to — (i) that online service; or (ii) any online activity, online service, online material, online account, app or online location that can be accessed on or through that online service.


document_id: ocha-2023
provision_ref: s30
chapter: PART 6 - ORDERS AGAINST NON-COMPLIANCE
section: 30
title: App removal order — content
content:
30. —(1) An app removal order is an order requiring the provider of an app distribution service to stop distributing a relevant app to Singapore persons and stop enabling Singapore persons to download a relevant app by means of that service, by the time specified in the app removal order. (2) The relevant app specified in the app removal order must be an app that allows any of the following online locations to be accessed: ( a ) an online location of a proprietor who did not comply with a Part 2 direction in respect of that online location or online material accessible at that online location; ( b ) an online location at which an online service of an online service provider can be accessed, if the online service provider did not comply with a Part 2 direction, a rectification notice, an implementation directive or a Part 6 order, in relation to — (i) that online service; or (ii) any online activity, online service, online material, online account, app or online location that can be accessed on or through that online service.


document_id: ocha-2023
provision_ref: s31
chapter: PART 6 - ORDERS AGAINST NON-COMPLIANCE
section: 31
title: Service restriction order
content:
31. A service restriction order is an order requiring the provider of a non‑compliant online service specified in the order to take all reasonable steps to suspend or stop the supply or provision of that online service or part of that online service to Singapore persons, by the time specified in the service restriction order.


document_id: ocha-2023
provision_ref: s32
chapter: PART 6 - ORDERS AGAINST NON-COMPLIANCE
section: 32
title: Part 6 order — supplementary provisions
content:
32. —(1) The competent authority may give a Part 6 order to a person individually or as a class. (2) A Part 6 order is binding on — ( a ) the person to whom it is addressed; and ( b ) if applicable, the personal representatives, successors and assignees of the person to whom it is addressed to the same extent as it applies to that person. (3) It is not necessary to give any person who may be affected by a Part 6 order a chance to be heard before the order is given. (4) A Part 6 order must — ( a ) so far as is reasonably practicable, identify the relevant location, the relevant app or the relevant service (as the case may be) to which the order relates in a way that is sufficient to enable the person given the order to comply with the order; ( b ) state whether the person to whom it is given must do all or any of the following, whichever being applicable: (i) notify the competent authority by a time specified in the order of the means by which the person proposes to comply with the order; (ii) keep information about the matters that are the subject of the order for a time specified in the order; (iii) regularly notify the competent authority at the times specified in the order about the steps being taken towards compliance with the order; (iv) give written notice to the competent authority when the person has complied with the order; and ( c ) state that it is an offence under this Act to fail to comply with the order. (5) A person who has been given a Part 6 order must comply with the Part 6 order until the earlier of the following occurs: ( a ) the expiry date and time (if any) stated in the order is reached; ( b ) the Part 6 order is cancelled or substituted under section 33(1) or 36(1), or cancelled under section 41(3). (6) An access blocking order may specify that relevant locations will be identified and the identity thereof transmitted to the person to whom the order is addressed, from time to time, by the person’s chosen means of identification. (7) An access blocking order described in subsection (6) that has been given to the person to whom it is addressed is deemed to be given in relation to any relevant location that is subsequently identified and the identity of which is transmitted to the recipient by the person’s chosen means of identification, when data identifying the relevant location becomes accessible by the person by that means. (8) An access blocking order described in subsection (6) is deemed to be cancelled (in relation to any relevant location that was identified and the identity of which was transmitted to the person by that person’s chosen means of identification) when the data identifying the relevant location is no longer accessible by that person by that means, and in such a case no written notice of the cancellation needs to be given to that person.


document_id: ocha-2023
provision_ref: s33
chapter: PART 6 - ORDERS AGAINST NON-COMPLIANCE
section: 33
title: Part 6 order — self-initiated cancellation or substitution
content:
33. —(1) The competent authority may at any time, on the competent authority’s own initiative — ( a ) cancel a Part 6 order; or ( b ) substitute a Part 6 order with another Part 6 order. (2) Where a Part 6 order is cancelled under subsection (1), the competent authority must give written notice of the cancellation to every person who has been given that Part 6 order.


document_id: ocha-2023
provision_ref: s34
chapter: PART 7 - PART 6 ORDER — RECONSIDERATION AND APPEAL
section: 34
title: Part 6 order — appellants
content:
34. The persons who may apply for reconsideration of, or appeal against, each type of Part 6 order are listed in the table below: Type of Part 6 order Appellant 1. Access blocking order ( a ) The provider of an internet access service that was given the order. ( b ) The proprietor of the relevant location. 2. App removal order ( a ) The provider of an app distribution service that was given the order. ( b ) The owner of the relevant app. 3. Service restriction order The online service provider that was given the order. Division 2 &#x2014; Reconsideration


document_id: ocha-2023
provision_ref: s35
chapter: PART 7 - PART 6 ORDER — RECONSIDERATION AND APPEAL
section: 35
title: Part 6 order — application for reconsideration
content:
35. —(1) An appellant may apply to the competent authority for reconsideration of a Part 6 order. (2) An application under subsection (1) must be made — ( a ) in a prescribed manner; and ( b ) not later than 30 days after being given the Part 6 order. (3) An application for reconsideration does not affect the operation of the Part 6 order concerned.


document_id: ocha-2023
provision_ref: s36
chapter: PART 7 - PART 6 ORDER — RECONSIDERATION AND APPEAL
section: 36
title: Part 6 order — reconsideration
content:
36. —(1) The competent authority must, within a reasonable time after receipt of any application to reconsider a Part 6 order under section 35 — ( a ) affirm the Part 6 order; ( b ) cancel the Part 6 order; or ( c ) substitute the Part 6 order with another Part 6 order. (2) The competent authority must give written notice of the decision under subsection (1) to the appellant, and the person to whom the Part 6 order was given (if that person is not the appellant). Division 3 &#x2014; Appeal to Reviewing Tribunal


document_id: ocha-2023
provision_ref: s37
chapter: PART 7 - PART 6 ORDER — RECONSIDERATION AND APPEAL
section: 37
title: Appeal by appellant
content:
37. —(1) An appellant who receives notice under section 36(2) of the decision to affirm or substitute the Part 6 order concerned may, on payment of such fee as may be prescribed, appeal against the Part 6 order to a Reviewing Tribunal in accordance with Part 8. (2) An appeal under subsection (1) does not affect the operation of the Part 6 order appealed against.


document_id: ocha-2023
provision_ref: s38
chapter: PART 8 - REVIEWING TRIBUNALS
section: 38
title: Reviewing Tribunals — composition
content:
38. —(1) One or more bodies each called a Reviewing Tribunal are established by this section. (2) Every Reviewing Tribunal consists of a District Judge or Magistrate (called in this Part the member) appointed by the President on the advice of the Cabinet, subject to subsection (3). (3) An individual must not be, or be appointed as, the member of any Reviewing Tribunal if he or she is not a citizen of Singapore. (4) The member must vacate office at the end of a period of 3 years starting the day of his or her appointment, but is eligible for reappointment. (5) The member may resign his or her office by giving written notice to the President. (6) In the performance of his or her functions and duties under this Act, the member has the same protection and immunity as a District Judge or Magistrate, as the case may be. (7) The proceedings of a Reviewing Tribunal are deemed to be judicial proceedings and the member is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: ocha-2023
provision_ref: s39
chapter: PART 8 - REVIEWING TRIBUNALS
section: 39
title: Reviewing Tribunal — remuneration and other terms
content:
39. —(1) The Minister may pay to the member out of moneys provided by Parliament such remuneration or allowances as the Minister may, with the approval of the President, fix. (2) The remuneration and other terms of service of the member must not be altered to his or her disadvantage during his or her continuance in office as such.


document_id: ocha-2023
provision_ref: s40
chapter: PART 8 - REVIEWING TRIBUNALS
section: 40
title: Reviewing Tribunal — resources
content:
40. —(1) All expenses of every Reviewing Tribunal are to be defrayed out of moneys provided by Parliament. (2) The Minister must appoint a Secretary to the Reviewing Tribunals and such other public officers as are necessary for the Reviewing Tribunals to discharge their functions under this Act.


document_id: ocha-2023
provision_ref: s41
chapter: PART 8 - REVIEWING TRIBUNALS
section: 41
title: Reviewing Tribunal — function
content:
41. —(1) It is the function and duty of every Reviewing Tribunal to consider and determine any appeal made under section 18 or 37 and served on the Secretary to the Reviewing Tribunals. (2) However, a Reviewing Tribunal may summarily dismiss any appeal which it determines to be frivolous or vexatious. (3) A Reviewing Tribunal may determine an appeal made to the Reviewing Tribunal by affirming or cancelling the Part 2 direction or Part 6 order, as the case may be. (4) Every Reviewing Tribunal has to carry out its work expeditiously. (5) A Reviewing Tribunal’s decision under subsection (3) is final.


document_id: ocha-2023
provision_ref: s42
chapter: PART 8 - REVIEWING TRIBUNALS
section: 42
title: Reviewing Tribunal — grounds for cancellation
content:
42. —(1) A Reviewing Tribunal may only cancel a Part 2 direction under section 41(3) on any of the following grounds: ( a ) the requirements of section 6(1) were not satisfied; ( b ) the person that was given the direction was not a person to whom the direction may be given under section 7; ( c ) it is not reasonably practicable to comply with the direction. (2) A Reviewing Tribunal may only cancel an access blocking order under section 41(3) on any of the following grounds: ( a ) the online location specified in the access blocking order does not satisfy section 29(2); ( b ) the person that was given the order was not the provider of an internet access service; ( c ) it is not reasonably practicable to comply with the order. (3) A Reviewing Tribunal may only cancel an app removal order under section 41(3) on any of the following grounds: ( a ) the app specified in the app removal order does not satisfy section 30(2); ( b ) the person that was given the order was not the provider of an app distribution service; ( c ) it is not reasonably practicable to comply with the order. (4) A Reviewing Tribunal may only cancel a service restriction order under section 41(3) on any of the following grounds: ( a ) the person that was given the order was not the provider of a non-compliant online service; ( b ) the online service specified in the order was not a non‑compliant online service; ( c ) it is not reasonably practicable to comply with the order.


document_id: ocha-2023
provision_ref: s43
chapter: PART 8 - REVIEWING TRIBUNALS
section: 43
title: Procedure before Reviewing Tribunal
content:
43. —(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal against a Part 2 direction under section 18 or a Part 6 order under section 37, if the appeal is made more than 30 days after the notice of a decision relating to the direction or order is given under section 17(2) or 36(2), as the case may be. (2) A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that — ( a ) the appellant is not a person entitled to appeal under section 15 (in the case of a Part 2 direction) or 34 (in the case of a Part 6 order); ( b ) the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious, and for this purpose the Reviewing Tribunal may take into account whether the appellant has habitually and persistently, and without any reasonable ground, made vexatious appeals to any Reviewing Tribunal; or ( c ) the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of rules made under section 44 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those rules. (3) Subject to the rules made under section 44, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 18 or 37 made to or before the Reviewing Tribunal.


document_id: ocha-2023
provision_ref: s44
chapter: PART 8 - REVIEWING TRIBUNALS
section: 44
title: Rules for Reviewing Tribunal proceedings
content:
44. —(1) Rules may be made by the Minister to prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings or appeal (including, where applicable, the mode and burden of proof and the admissibility of evidence) before a Reviewing Tribunal. (2) In particular, the rules made under subsection (1) may include — ( a ) requiring persons making an appeal to take such preliminary steps, and to make such disclosures, as may be specified in the rules for the purpose of facilitating a determination whether the making of the appeal is frivolous or vexatious; ( b ) enabling or requiring a Reviewing Tribunal to hear or consider any proceedings or appeal without the person who brought the appeal having been given full particulars of the reasons for any conduct which is the subject of the proceedings or appeal; ( c ) the need to secure that matters which are the subject of proceedings or appeals brought before or made to a Reviewing Tribunal are properly heard and considered; ( d ) prescribing the circumstances and manner in which appeals in relation to the same decision, or that involve the same or similar issues, may be consolidated or heard together; ( e ) enabling or requiring a Reviewing Tribunal to take any steps in exercise of its jurisdiction in the absence of any person (including the person bringing the proceedings or making the appeal and any legal representative of the person); ( f ) enabling or requiring a Reviewing Tribunal to give a summary of any evidence taken in the absence of the person bringing the proceedings or making the appeal, to that person; ( g ) securing that information is not disclosed to an extent, or in a manner, that is contrary to Singapore’s national security, the prevention or detection of serious crime, the economic wellbeing of Singapore or the continued discharge of the functions of any of the intelligence services of Singapore; and ( h ) providing for the manner in which the interests of a person who has made an appeal under section 18 or 37 are to be represented, such as for the appointment in accordance with the rules, by such person as may be determined in accordance with the rules, of a person to represent those interests. (3) All rules made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ocha-2023
provision_ref: s45
chapter: PART 9 - SERVICE OF NOTICES, ETC.
section: 45
title: Service of notice, etc., given by designated officer, etc.
content:
45. —(1) Any notice, direction, directive, order or other document permitted or required to be given under this Act by a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer (called in this section document to be served) may be served on — ( a ) the person to whom it is addressed (whether in Singapore or outside Singapore); or ( b ) a person in Singapore that the person to whom the document is addressed has appointed to receive the document on the person’s behalf. (2) A document to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual. (3) A document to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by post to, the partnership’s business address; or ( c ) by sending it by fax to the fax number used at the partnership’s business address. (4) A document to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association. (5) In addition, a document to be served on an individual or entity (called in this subsection the addressee) may be served — ( a ) by giving an electronic notice to the addressee by the addressee’s chosen means of notification, stating that the document is available for access and how the addressee may use the addressee’s chosen means of access to access the document’s contents; ( b ) where, by the exercise of reasonable diligence, the name of the addressee, or the business address, residential address or last email address of the addressee, cannot be ascertained, by posting it on an official website; or ( c ) by any other means (including electronic means) for the service of documents of that kind that may be prescribed by regulations. (6) A document to be served that is addressed to a class of persons may be — ( a ) served on each of the persons in the class in accordance with subsection (2), (3), (4) or (5), as the case may be; or ( b ) served by publishing both — (i) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the person serving the document, will be most likely to bring the document to the attention of the persons who belong to the class; and (ii) on an official website. (7) Subject to subsection (8), service of a document to be served takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received — on the day of transmission; ( b ) if the document is sent by post — 2 days after the day the document was posted (even if it is returned undelivered); ( c ) if the document is posted on an official website mentioned in subsection (5)( b ) — at the beginning of the day after the date on which subsection (5)( b ) has been complied with; or ( d ) at any other time prescribed by regulations for any other means of service. (8) Service of a document to be served that is addressed to a class of persons takes effect — ( a ) where it is served in accordance with subsection (6)( a ) —when it is served on all the persons in the class in question; and ( b ) where it is served in accordance with subsection (6)( b ) — at the beginning of the day after the date on which subsection (6)( b ) has been complied with. (9) To avoid doubt, subsections (7) and (8) do not affect the meaning of any reasonable excuse in section 50, 51, 52 or 53. (10) An affidavit or oral evidence of a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer as to the service of any notice, direction, directive, order or other document to be served under this Act is admissible as prima facie proof of service of the document. (11) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore or outside Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore or outside Singapore; “chosen means of access”, for an addressee on whom is or is to be served a document, means an electronic means the addressee agrees with the person serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “document” excludes any document to be served in proceedings in court; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “official website” means a website of a Ministry or department of the Government or a public authority prescribed by the Minister, by notification in the Gazette , for the purposes of this section; “residential address” means an individual’s usual or last known place of residence in Singapore or outside Singapore.


document_id: ocha-2023
provision_ref: s46
chapter: PART 9 - SERVICE OF NOTICES, ETC.
section: 46
title: Notices, etc., to designated officer, etc.
content:
46. Every notice or information required to be given to a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer under this Act or by a direction, code, directive, order or notice given under this Act must be given in the manner — ( a ) specified by the direction, code, directive, order or notice, if any; or ( b ) prescribed by regulations.


document_id: ocha-2023
provision_ref: s47
chapter: PART 10 - POWERS TO OBTAIN INFORMATION
section: 47
title: Information for administration
content:
47. A designated officer, the competent authority or an authorised officer may, by written notice, require any person to whom a Part 2 direction, a notice of designation as a designated online service, a code application notice, a rectification notice, an implementation directive or a Part 6 order may be given to provide, in the form and manner and within the time specified in the notice, any information (whether stored in Singapore or outside Singapore) necessary for the administration of this Act.


document_id: ocha-2023
provision_ref: s48
chapter: PART 10 - POWERS TO OBTAIN INFORMATION
section: 48
title: Information on online activity in furtherance of specified offence, etc.
content:
48. —(1) Where a police officer of or above the rank of sergeant or an enforcement officer reasonably suspects that — ( a ) a specified offence has been committed; and ( b ) any online activity in furtherance of the offence has occurred (whether in Singapore or outside Singapore) on or through an online service or through an online account or at an online location, the police officer or enforcement officer (as the case may be) may, by written notice, require the provider of the online service or the proprietor of the online location to provide all or any of the following information (whichever is applicable, whether stored in Singapore or outside Singapore) in the form and manner and within the time specified in the notice: ( c ) information about the online activity that occurred on or through the provider’s online service or at the proprietor’s online location, as the case may be; ( d ) information about any online account, or the proprietor of an online account, through which the online activity was conducted; ( e ) any other information to assist in investigations or criminal proceedings relating to the specified offence. (2) In this section — “enforcement officer” means — ( a ) any person who is authorised in writing by the Commissioner of Police for the purposes of this section; or ( b ) any officer of a prescribed law enforcement agency who is authorised in writing, by the head of that law enforcement agency, for the purposes of this section; “prescribed law enforcement agency” means a law enforcement agency prescribed, by order in the Gazette , by the Minister.


document_id: ocha-2023
provision_ref: s49
chapter: PART 10 - POWERS TO OBTAIN INFORMATION
section: 49
title: Written notice may be given to persons outside Singapore, etc.
content:
49. A written notice under section 47 or 48 may be given to — ( a ) any individual whether or not a resident or citizen of Singapore, whether physically present in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore; or ( b ) any entity whether formed, constituted or registered in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore.


document_id: ocha-2023
provision_ref: s50
chapter: PART 11 - OFFENCES, PENALTIES AND DEFENCES
section: 50
title: Offences of non-compliance with Part 2 directions
content:
50. —(1) A person commits an offence if the person — ( a ) is given a stop communication direction; and ( b ) without reasonable excuse, fails to comply with any requirement of the direction, whether in Singapore or outside Singapore. (2) A person commits an offence if the person — ( a ) is given a disabling direction; and ( b ) without reasonable excuse, fails to comply with any requirement of the direction, whether in Singapore or outside Singapore. (3) A person commits an offence if the person — ( a ) is given an access blocking direction; and ( b ) without reasonable excuse, fails to comply with any requirement of the direction, whether in Singapore or outside Singapore. (4) A person commits an offence if the person — ( a ) is given an account restriction direction; and ( b ) without reasonable excuse, fails to comply with any requirement of the direction, whether in Singapore or outside Singapore. (5) A person commits an offence if the person — ( a ) is given an app removal direction; and ( b ) without reasonable excuse, fails to comply with any requirement of the direction, whether in Singapore or outside Singapore. (6) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) if the person is an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (7) A person who is guilty of an offence under subsection (2) or (4) shall be liable on conviction — ( a ) if the person is an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (8) A person who is guilty of an offence under subsection (3) or (5) shall be liable on conviction to a fine not exceeding $20,000 for every day or part of a day that the person, without reasonable excuse, fails to comply with any requirement of the direction mentioned in that subsection, but not exceeding in total $500,000.


document_id: ocha-2023
provision_ref: s51
chapter: PART 11 - OFFENCES, PENALTIES AND DEFENCES
section: 51
title: Offences of non-compliance with rectification notice or implementation directive
content:
51. —(1) A person commits an offence if the person — ( a ) is given a rectification notice; and ( b ) without reasonable excuse, fails to comply with any requirement of the notice, whether in Singapore or outside Singapore. (2) A person commits an offence if the person — ( a ) is given an implementation directive; and ( b ) without reasonable excuse, fails to comply with any requirement of the directive, whether in Singapore or outside Singapore. (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.


document_id: ocha-2023
provision_ref: s52
chapter: PART 11 - OFFENCES, PENALTIES AND DEFENCES
section: 52
title: Offences of non-compliance with Part 6 orders
content:
52. —(1) A person commits an offence if the person — ( a ) is given a service restriction order; and ( b ) without reasonable excuse, fails to comply with any requirement of the service restriction order, whether in Singapore or outside Singapore. (2) A person commits an offence if the person — ( a ) is given an access blocking order; and ( b ) without reasonable excuse, fails to comply with any requirement of the access blocking order, whether in Singapore or outside Singapore. (3) A person commits an offence if the person — ( a ) is given an app removal order; and ( b ) without reasonable excuse, fails to comply with any requirement of the app removal order, whether in Singapore or outside Singapore. (4) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) if the person is an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (5) A person who is guilty of an offence under subsection (2) or (3) shall be liable on conviction to a fine not exceeding $20,000 for every day or part of a day that the person, without reasonable excuse, fails to comply with the access blocking order or app removal order (as the case may be), but not exceeding in total $500,000.


document_id: ocha-2023
provision_ref: s53
chapter: PART 11 - OFFENCES, PENALTIES AND DEFENCES
section: 53
title: Offence of non-compliance with written notice under section 47 or 48
content:
53. —(1) A person commits an offence if the person — ( a ) is given a written notice under section 47 or 48; and ( b ) without reasonable excuse, fails to comply with that written notice, whether in Singapore or outside Singapore. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) if the person is an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) in any other case, to a fine not exceeding $10,000.


document_id: ocha-2023
provision_ref: s54
chapter: PART 11 - OFFENCES, PENALTIES AND DEFENCES
section: 54
title: Defences
content:
54. —(1) It is not a defence to a charge for an offence under section 50, 52 or 53 that — ( a ) the person is subject to a duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents or restricts the person from complying with a requirement of the Part 2 direction, the Part 6 order or the written notice under section 47 or 48, as the case may be; or ( b ) the person has applied for a reconsideration of, or has appealed against, the Part 2 direction or the Part 6 order, as the case may be. (2) It is not a defence to a charge for an offence under section 51 that — ( a ) the person is subject to a duty of confidentiality or privacy imposed by any rule of law or a duty imposed by any contract or any rule of professional conduct, that prevents or restricts the person from complying with a requirement of the rectification notice, the implementation directive or the code of practice concerned, as the case may be; or ( b ) the person has appealed against the decision to designate the person’s online service, the decision to give a code application notice to the person, a requirement of the implementation directive or a requirement of the code of practice concerned or a variation thereof, as the case may be. (3) Without limiting the meaning of “reasonable excuse”, it is a defence to a charge for an offence under this Part (except in relation to a stop communication direction) if the accused proves, on a balance of probabilities, that — ( a ) it was not reasonably practicable to do more than what was in fact done to comply with the Part 2 direction, rectification notice, implementation directive or Part 6 order, as the case may be; or ( b ) there was no better practicable means than was in fact used.


document_id: ocha-2023
provision_ref: s55
chapter: PART 11 - OFFENCES, PENALTIES AND DEFENCES
section: 55
title: Arrestable and bailable offences
content:
55. —(1) Every offence as follows is arrestable and is non‑bailable for the purposes of the Criminal Procedure Code 2010: ( a ) an offence under section 50, 51 or 52; ( b ) an abetment, or a conspiracy or an attempt to commit an offence mentioned in paragraph ( a ). (2) Every offence as follows is bailable for the purposes of the Criminal Procedure Code 2010: ( a ) an offence under section 53; ( b ) an abetment, or a conspiracy or an attempt to commit an offence mentioned in paragraph ( a ).


document_id: ocha-2023
provision_ref: s56
chapter: PART 11 - OFFENCES, PENALTIES AND DEFENCES
section: 56
title: Jurisdiction of courts
content:
56. —(1) Where an offence under this Act is committed by a person outside Singapore, the person may be dealt with in respect of that offence as if it had been committed wholly within Singapore. (2) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: ocha-2023
provision_ref: s57
chapter: PART 12 - GENERAL
section: 57
title: Immunity
content:
57. —(1) No person or officer, employee or agent of the person shall incur any civil or criminal liability under any written law or rule of law, or be liable for any breach of confidence or to any disciplinary action by a professional body, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to — ( a ) any Part 2 direction given to the person; ( b ) any requirement of a code of practice applicable to the person; ( c ) any rectification notice given to the person; ( d ) any implementation directive given to the person; ( e ) any Part 6 order given to the person; or ( f ) any written notice under section 47 or 48 given to the person. (2) No liability shall lie against a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer, the Secretary to the Reviewing Tribunals or a member of an Appeals Advisory Committee for anything done or intended to be done with reasonable care and in good faith in the execution or purported execution of this Act.


document_id: ocha-2023
provision_ref: s58
chapter: PART 12 - GENERAL
section: 58
title: General exemption
content:
58. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to the conditions that the Minister may impose.


document_id: ocha-2023
provision_ref: s59
chapter: PART 12 - GENERAL
section: 59
title: Amendment of Schedules
content:
59. —(1) The Minister may, by order in the Gazette , amend, add to or vary the Schedules. (2) The Minister may, in an order under subsection (1), make provisions of a saving or transitional nature consequent on the enactment of the order that the Minister may consider necessary or expedient. (3) All orders made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ocha-2023
provision_ref: s60
chapter: PART 12 - GENERAL
section: 60
title: Regulations
content:
60. —(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the regulations may — ( a ) provide practical guidance or certainty in respect of any one or more of the requirements of a code of practice; ( b ) provide for anything that may be prescribed under this Act; ( c ) create offences which may be punishable with a fine not exceeding $5,000; and ( d ) provide for such saving, transitional and other consequential provisions as the Minister considers necessary or expedient. (3) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: oda-2000
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “affirmation” means an affirmation mentioned in section 5; “caution” means a caution mentioned in section 6; “oath” means an oath administered or taken for any purpose, whether in judicial proceedings or otherwise; “person acting judicially” means a person, tribunal, commission, committee or other body having by law or consent of the parties power to receive evidence. [43/2007]


document_id: oda-2000
provision_ref: s3
chapter: PART 2 - OATHS
section: 3
title: Power to administer oaths, etc.
content:
3. —(1) A court or person acting judicially may administer, or may empower an officer to administer, any oath, affirmation or caution. (2) Subsection (1) does not affect any other written law conferring on any person the power to administer any oath, affirmation or caution.


document_id: oda-2000
provision_ref: s4
chapter: PART 2 - OATHS
section: 4
title: Oaths to be taken by witnesses and interpreters
content:
4. —(1) Without affecting any other written law, oaths must be taken by the following persons: ( a ) a person who may be lawfully examined, or who may give or be required to give evidence, by or before a court or person acting judicially; ( b ) an interpreter of questions put to, and of evidence given by, a person mentioned in paragraph ( a ). (2) Subsection (1) does not apply to — ( a ) the official interpreter of a court; or ( b ) a certificated interpreter in the public service, when performing his or her duties as such interpreter, if he or she has taken an oath to faithfully discharge those duties.


document_id: oda-2000
provision_ref: s5
chapter: PART 2 - OATHS
section: 5
title: Affirmation in lieu of oath
content:
5. Where a person required by section 4 or any other written law to take an oath — ( a ) is a Hindu or Muslim or of some other religion according to which oaths are not of binding force; or ( b ) has a conscientious objection to taking an oath, the person may, instead of taking an oath, make an affirmation.


document_id: oda-2000
provision_ref: s6
chapter: PART 2 - OATHS
section: 6
title: Caution in lieu of oath or affirmation
content:
6. Where a person required by section 4 or any other written law to take an oath ought not, in the opinion of the court or person acting judicially, to take an oath or make an affirmation by reason of immaturity of age, the person may, instead of taking an oath or making an affirmation, be cautioned by the court or person acting judicially to state the truth, the whole truth, and nothing but the truth.


document_id: oda-2000
provision_ref: s7
chapter: PART 2 - OATHS
section: 7
title: Form of oath and affirmation
content:
7. An oath under section 4 must be taken and administered, and an affirmation under section 5 must be made and administered, in accordance with the form and manner prescribed by the Rules of Court or any other written law.


document_id: oda-2000
provision_ref: s8
chapter: PART 2 - OATHS
section: 8
title: Proceedings and evidence not invalidated by omission of oath, etc.
content:
8. No omission to take an oath, make an affirmation or administer a caution, and no irregularity in the form or manner in which an oath is taken, an affirmation is made or a caution is administered, may — ( a ) invalidate any proceedings or render inadmissible any evidence in or in respect of which the omission or irregularity took place; or ( b ) affect any obligation of the person taking the oath or making the affirmation or being cautioned to state the truth.


document_id: oda-2000
provision_ref: s9
chapter: PART 3 - STATUTORY DECLARATIONS
section: 9
title: Persons may make statutory declarations
content:
9. Any person may voluntarily make a statutory declaration in the manner provided in section 11 or 12 in relation to any matter.


document_id: oda-2000
provision_ref: s10
chapter: PART 3 - STATUTORY DECLARATIONS
section: 10
title: Where law requires or authorises persons to make statutory declarations
content:
10. Where by any written law (whether made before, on or after 1 January 2001) any person is authorised or required to make a statutory declaration, that statutory declaration must be made in the manner provided in section 11 or 12, as the case may be.


document_id: oda-2000
provision_ref: s11
chapter: PART 3 - STATUTORY DECLARATIONS
section: 11
title: Manner of making statutory declarations in Singapore
content:
11. —(1) A statutory declaration made in Singapore — ( a ) must be in the form set out in the First Schedule; and ( b ) must be made before a court, a person acting judicially, or a prescribed person. (2) Subsection (1) does not affect any other written law conferring on any other person the power to take or receive a statutory declaration.


document_id: oda-2000
provision_ref: s12
chapter: PART 3 - STATUTORY DECLARATIONS
section: 12
title: Statutory declarations made outside Singapore
content:
12. —(1) A statutory declaration made in the United Kingdom or any part of the Commonwealth other than Singapore must be made before a notary public or justice of the peace of that country, or other person having authority under any law for the time being in force in that country to take or receive a declaration. (2) A statutory declaration made in any place that is not part of the Commonwealth must be made before a consul or vice consul or before any person having authority under any law for the time being in force in that place to take or receive a declaration.


document_id: oda-2000
provision_ref: s13
chapter: PART 3 - STATUTORY DECLARATIONS
section: 13
title: Statutory declaration sufficient to prove execution of will, etc.
content:
13. An attesting witness to the execution of a will, deed or document, or any other competent person, may verify and prove the signing, sealing, publication or delivery of the will, deed or document by a statutory declaration made in the manner provided under section 11 or 12, as the case may be.


document_id: oda-2000
provision_ref: s14
chapter: PART 3 - STATUTORY DECLARATIONS
section: 14
title: Making of false statutory declaration an offence
content:
14. —(1) Any person who — ( a ) makes in a statutory declaration a statement which is false, and which the person knows or has reason to believe is false or does not believe to be true, touching any point material to the object for which the declaration is made or used; or ( b ) corruptly uses or attempts to use as true any statutory declaration made in or outside Singapore knowing the declaration to be false in any material point, shall be guilty of an offence and — ( c ) if the person made the statutory declaration for use in any stage of a judicial proceeding or (as the case may be) used or attempted to use the statutory declaration in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to a fine; or ( d ) in any other case, shall be punished with imprisonment which may extend to 3 years and shall also be liable to a fine. (2) Without limiting subsection (1)( c ) — ( a ) a trial before a subordinate military court within the meaning of the Singapore Armed Forces Act 1972 is a judicial proceeding; and ( b ) each of the following is treated as a stage of a judicial proceeding: (i) an investigation directed by law that is preliminary to a proceeding before a court, whether the investigation takes place before a court or otherwise; (ii) an investigation directed by a court, and conducted under the authority of a court, whether the investigation takes place before a court or otherwise. (3) Subsection (1)( a ) applies to the making of a statutory declaration outside Singapore if the person knows or has reason to believe that the statutory declaration is intended to be used in Singapore; and the person may be dealt with as if the offence had been committed in Singapore. (4) No prosecution may be instituted under this section without the written consent of the Public Prosecutor. [15/2010]


document_id: oda-2000
provision_ref: s15
chapter: PART 4 - OATHS OF OFFICE AND ALLEGIANCE
section: 15
title: Manner of taking oath of office, etc.
content:
15. —(1) The oath of allegiance mentioned in Part 1 of the Second Schedule, and the oath of office mentioned in Part 2 of that Schedule, must be tendered to and taken by all persons required under any written law to take an oath of office. (2) The oath of allegiance mentioned in Part 1 of the Second Schedule, and the judicial oath mentioned in Part 3 of that Schedule, must be tendered to and taken by all persons required under any written law to take a judicial oath. (2A) To avoid doubt, where an oath is required to be tendered to and taken under subsection (1) or (2), or an affirmation in lieu thereof is to be made under section 16, a person may take the oath or make the affirmation by appearing before the person administering the oath or affirmation through a live video link or live television link created using a remote communication technology that allows the person administering the oath or affirmation to — ( a ) maintain visual contact and communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; ( b ) confirm the identity of the person taking the oath or making the affirmation, and any interpreter present; and ( c ) if the oath or affirmation is to be subscribed, verify by inspection the oath or affirmation to be subscribed. [Act 25 of 2023 wef 01/12/2023] (3) This section does not affect any other written law which prescribes the form and manner in which an oath of office or a judicial oath (as the case may be) may be tendered and taken.


document_id: oda-2000
provision_ref: s16
chapter: PART 4 - OATHS OF OFFICE AND ALLEGIANCE
section: 16
title: Circumstances under which affirmation may be made
content:
16. Any person who — ( a ) is a Hindu or Muslim or of some other religion according to which oaths are not of binding force; or ( b ) has a conscientious objection to taking an oath, and who is required to take an oath of office or judicial oath under any written law may, instead of taking the oaths mentioned in section 15(1) or (2) (as the case may be), make an affirmation in the form of those oaths, substituting the words “solemnly, sincerely and truly declare and affirm” for the word “swear” and omitting the words “So help me God”.


document_id: oda-2000
provision_ref: s17
chapter: PART 5 - GENERAL PROVISIONS
section: 17
title: Regulations
content:
17. The Minister may make regulations to prescribe anything that is required or authorised to be prescribed under this Act, and generally for carrying out the provisions of this Act.


document_id: oda-2000
provision_ref: s19
chapter: PART 5 - GENERAL PROVISIONS
section: 19
title: Saving provision
content:
19. Every — ( a ) oath taken, affirmation made or caution administered under the repealed Oaths Act (Cap. 211, 1985 Revised Edition); ( b ) oath taken under the repealed Oaths of Office and Allegiance Act (Cap. 212, 1985 Revised Edition); and ( c ) statutory declaration made under the repealed Statutory Declarations Act (Cap. 320, 1985 Revised Edition), continues and has effect as if it had been taken, made or administered (as the case may be) under the provisions of this Act.


document_id: ooa-2007
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Optometrists and Opticians Board established under section 4; “certificate of registration” means a certificate of registration issued by the Board under section 17; [ Deleted by Act 11 of 2023 wef 01/05/2023 ] “eye care” means any form of healthcare that is related to the diagnosis and treatment of eye or vision‑related conditions; “inspector” means an inspector appointed by the Board under section 31(1); “institution of higher learning” means a polytechnic or university; “medical practitioner” means a person who is registered under the Medical Registration Act 1997; “member” means a member of the Board; “ophthalmologist” means a person who is, by virtue of registration in the Register of Specialists under the Medical Registration Act 1997, entitled to practise as a specialist in ophthalmology; “optical appliances” means lenses, spectacles, eyeglasses, artificial eyes, contact lenses or appurtenances thereto for the aid or correction of visual or ocular anomalies of the eyes; “optician” means a person who is registered in the Register of Opticians under this Act; “opticianry” or “the practice of opticianry” means any of the acts or activities specified in Part 1 of the Schedule; “optometrist” means a person who is registered in the Register of Optometrists under this Act; “optometry” or “the practice of optometry” means any of the acts or activities specified in Part 2 of the Schedule; “practising certificate” means a practising certificate issued under section 18; “refraction” means an eye examination to measure the power of vision; “Register of Opticians” means the Register of Opticians kept and maintained under section 13(1)( b ); “Register of Optometrists” means the Register of Optometrists kept and maintained under section 13(1)( a ); “registered person” means a person who is registered under section 15 for the carrying out of any practice of optometry or opticianry; “Registrar” means the Registrar of the Board; “registration” means the registration of any person under section 15 as an optometrist or optician; “regulations” means regulations made under section 37.


document_id: ooa-2007
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application
content:
3. This Act does not apply to any ophthalmologist in relation to his or her practice of optometry or opticianry.


document_id: ooa-2007
provision_ref: s4
chapter: PART 2 - OPTOMETRISTS AND OPTICIANS BOARD
section: 4
title: Establishment of Optometrists and Opticians Board
content:
4. —(1) There is established a body called the Optometrists and Opticians Board, which consists of not less than 10 and not more than 12 members appointed by the Minister, of whom — ( a ) at least 2 must be optometrists; ( b ) at least 2 must be opticians; ( c ) at least one must be an ophthalmologist; ( d ) one must be the Director‑General of Health or his or her representative; [Act 11 of 2023 wef 01/05/2023] ( e ) one must be the Director-General of Education or his or her representative; and ( f ) at least one must be a person who is neither an optometrist, an optician nor a medical practitioner, to represent the interests of persons receiving optometry and opticianry services. (2) Every member holds office for a term not exceeding 3 years and is eligible for re‑appointment. (3) The Minister may, at any time, revoke the appointment of any member (other than a member in subsection (1)( d ) or ( e )) without assigning any reason.


document_id: ooa-2007
provision_ref: s5
chapter: PART 2 - OPTOMETRISTS AND OPTICIANS BOARD
section: 5
title: Functions of Board
content:
5. The functions of the Board are — ( a ) to approve or reject applications for registration under this Act and to approve any such applications subject to such restrictions as it may think fit; ( b ) to accredit courses in the practice of optometry and opticianry in Singapore for the purposes of registration; ( c ) to issue guidelines on the standards for the practice of optometry and opticianry; ( d ) to make recommendations to the appropriate authorities for the training and education of optometrists and opticians; ( e ) to determine and regulate the conduct and ethics of optometrists and opticians; and ( f ) generally to do all such acts, matters and things as are necessary to be carried out under or for the purposes of this Act.


document_id: ooa-2007
provision_ref: s6
chapter: PART 2 - OPTOMETRISTS AND OPTICIANS BOARD
section: 6
title: Chairperson of Board
content:
6. —(1) The Minister must appoint one of the members to be the Chairperson of the Board. (2) The Chairperson presides at any meeting of the Board and, in his or her absence, the members present must elect from among themselves one member to preside over the meeting.


document_id: ooa-2007
provision_ref: s7
chapter: PART 2 - OPTOMETRISTS AND OPTICIANS BOARD
section: 7
title: Disqualifications from membership of Board
content:
7. A person is disqualified to be or from being a member of the Board if the person — ( a ) is not a citizen or a permanent resident of Singapore; ( b ) is an undischarged bankrupt; ( c ) has been convicted in Singapore or elsewhere of any offence involving fraud, dishonesty or moral turpitude; or ( d ) is totally or partially incapacitated by a mental or physical disability.


document_id: ooa-2007
provision_ref: s8
chapter: PART 2 - OPTOMETRISTS AND OPTICIANS BOARD
section: 8
title: Filling of vacancies
content:
8. —(1) The office of a member becomes vacant if the member — ( a ) dies; ( b ) resigns his or her office; ( c ) becomes subject to any of the disqualifications specified in section 7; or ( d ) has his or her appointment revoked before the expiry of the term for which the member has been appointed. (2) The Minister may remove from office any member who is absent without leave of the Board from 3 consecutive meetings of — ( a ) the Board; or ( b ) any committee of which he or she is a member appointed by the Board. (3) Any question as to whether a person has ceased to be a member is to be determined by the Minister whose decision is final. (4) If any vacancy arises among the members, the Minister may appoint a person to fill the vacancy in the manner in which the appointment to the vacant office was made, and that person is to hold office for as long as the member in whose place he or she was appointed would have held office. (5) No act done by or under the authority of the Board is invalid in consequence of any defect that is afterwards discovered in the appointment or qualification of the members or any of them.


document_id: ooa-2007
provision_ref: s9
chapter: PART 2 - OPTOMETRISTS AND OPTICIANS BOARD
section: 9
title: Meetings and quorum of Board
content:
9. —(1) The Board is to meet at such times and places as the Registrar may appoint. (2) At any meeting of the Board, 5 members form a quorum and no business may be transacted at any meeting unless a quorum is present. (3) The Chairperson or member presiding at any meeting of the Board has an original vote and, in the case of an equality of votes, a casting vote. (4) Subject to subsection (2), the Board may act despite any vacancy in the membership of the Board. (5) Subject to the provisions of this Act, the Board may regulate its own procedure. (6) The Board must keep minutes of its proceedings in such form or manner as the Board thinks fit.


document_id: ooa-2007
provision_ref: s10
chapter: PART 2 - OPTOMETRISTS AND OPTICIANS BOARD
section: 10
title: Appointment of committees and delegation of powers
content:
10. —(1) The Board may appoint one or more committees for any general or special purpose which, in the opinion of the Board, may be better dealt with or managed by a committee. (2) The Board may delegate any of its powers or functions (except the power of delegation conferred by this subsection) to any committee so appointed, with or without restrictions or conditions as the Board thinks fit. (3) The number and term of office of the members of a committee appointed under this section and the number of those members necessary to form a quorum are to be fixed by the Board. (4) A committee appointed under this section may include persons who are not members of the Board. (5) The Board may continue to exercise any power conferred upon it or perform any function under this Act despite the delegation of the power or function under this section.


document_id: ooa-2007
provision_ref: s11
chapter: PART 2 - OPTOMETRISTS AND OPTICIANS BOARD
section: 11
title: Disclosure of interest
content:
11. —(1) If a member is, directly or indirectly, interested in a matter under consideration by the Board and is present at a meeting of the Board at which the matter is the subject of consideration, the member must, at the meeting and as soon as practicable after it commences, disclose the member’s interest in that matter and may, with the permission of the Board, participate in its consideration of that matter, but must not vote on any question with respect to that matter. (2) No act or proceedings of the Board are to be questioned on the ground that a member has contravened this section.


document_id: ooa-2007
provision_ref: s12
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 12
title: Appointment of Registrar
content:
12. —(1) For the purposes of this Act, the Minister must appoint a member to be the Registrar of the Board. (2) The Minister may appoint any person to act as Registrar during the absence from Singapore or incapacity from illness or otherwise of the Registrar.


document_id: ooa-2007
provision_ref: s13
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 13
title: Registers
content:
13. —(1) The Registrar must keep and maintain the following registers: ( a ) a Register of Optometrists containing the names of persons registered as optometrists under section 15; ( b ) a Register of Opticians containing the names of persons registered as opticians under section 15. (2) The Register of Optometrists and the Register of Opticians must contain the following particulars of every registered person: ( a ) the registered person’s name and residential address; ( b ) information as to whether the registered person is practising as a proprietor or an employee; ( c ) the registered name of the business or eye care establishment that the registered person operates or is employed by; ( d ) the address of the registered person’s most current place of work; ( e ) the date of the registered person’s registration as an optometrist or optician; ( f ) the qualifications by virtue of which the registered person is registered and the date on which the registered person obtained those qualifications; ( g ) such other particulars as the Board may determine. (3) A registered person must inform the Registrar in writing of — ( a ) any change in the registered person’s name, residential address, practice address or other particulars as may be prescribed, within 28 days of the occurrence of the change; and ( b ) any alteration or addition to the registered person’s qualifications. (4) A person who fails to comply with subsection (3)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (5) A person who makes a report of a change in his or her residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (3)( a ) in relation to the person’s residential address on the date on which the person makes the report. (6) The Registrar may disclose any information in the Register of Optometrists or the Register of Opticians to any person prescribed by the regulations, if the disclosure is in accordance with any conditions specified in those regulations. (7) Subsection (6) does not affect any other right or duty to disclose the information under any general or written law.


document_id: ooa-2007
provision_ref: s14
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 14
title: Alteration of registers
content:
14. The Registrar must — ( a ) insert in the Register of Optometrists or the Register of Opticians (as the case may be) any alteration to the name, address or other particulars of any registered person which may come to the Registrar’s knowledge; ( b ) correct any error in any entry in the Register of Optometrists or the Register of Opticians (as the case may be) which may come to the Registrar’s knowledge; ( c ) remove from the Register of Optometrists or the Register of Opticians (as the case may be) the name of any person — (i) whose registration has been cancelled under this Act; or (ii) who is deceased; and ( d ) insert in the Register of Optometrists or the Register of Opticians (as the case may be) any alteration to the qualifications or any additional qualifications of a registered person.


document_id: ooa-2007
provision_ref: s15
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 15
title: Registration of optometrists and opticians
content:
15. —(1) Any person who desires to carry out any practice of optometry or opticianry must make an application to the Board for registration in accordance with the regulations. (2) The Board may, subject to the regulations, register a person to carry out any practice of optometry or opticianry, as the case may be. (3) The Minister may, in respect of the practice of optometry or opticianry, by regulations provide for or with respect to the following matters: ( a ) the different classes of registration; ( b ) the form and manner of application, and the application fee, for each class of registration; ( c ) the qualifications and other requirements for each class of registration; ( d ) the conditions, restrictions and duration of each class of registration; ( e ) the circumstances in which a class of registration may be altered or renewed and the fees payable in respect thereof; ( f ) the course, qualifying examination and evaluation for the purpose of any class of registration, the fees payable for the course, examination and evaluation, and the conditions upon which an applicant may be exempted from the course, examination or evaluation; ( g ) the practice and conduct of optometrists or opticians, including the carrying out of the practice of optometry or opticianry, the use of any means of giving publicity to their practice and the use of titles and qualifications.


document_id: ooa-2007
provision_ref: s16
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 16
title: Refusal of registration
content:
16. —(1) The Board may refuse to register any applicant who — ( a ) in the opinion of the Board, may not be registered in accordance with the regulations; ( b ) in the opinion of the Board, is not of good reputation and character; or ( c ) fails to satisfy the Board that he or she is able to effectively and safely carry out the practice of optometry or opticianry. (2) Where the Board refuses to register an applicant, the Board must by written notice inform the applicant of the refusal. (3) A person who is aggrieved by any refusal of the Board under subsection (1) may, within 30 days of the notice given under subsection (2), appeal to the Minister whose decision is final.


document_id: ooa-2007
provision_ref: s17
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 17
title: Certificate of registration
content:
17. —(1) Upon the registration of a person, the Board must issue to the person a certificate of registration and specify in the certificate the practice or practices of optometry or opticianry for which the person is registered. (2) Where a person has had his or her registration in respect of any practice of optometry or opticianry cancelled or suspended under section 20, the person must surrender his or her certificate of registration to the Board — ( a ) within 14 days of being notified by the Board of the cancellation or suspension; or ( b ) in a case where an appeal is pending under section 22, within such period as the Board may specify. (3) A person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: ooa-2007
provision_ref: s18
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 18
title: Practising certificate
content:
18. —(1) A registered person who desires to obtain a practising certificate for the practice of optometry or opticianry for which he or she is registered must make an application to the Board in such form and manner as the Board may require. (2) The application must be accompanied by the prescribed fee. (3) A practising certificate is valid for such period as the Board may determine. (4) An application for the renewal of a practising certificate must be made no later than 30 days before the expiry of the practising certificate and must be made in such form and manner as the Board may require. (5) A registered person who applies for a practising certificate later than 30 days before the expiry of the practising certificate is liable to pay to the Board such late application fee as may be prescribed. (6) Where a person has had his or her registration in respect of any practice of optometry or opticianry cancelled or suspended under section 20, the person must surrender his or her practising certificate to the Board — ( a ) within 14 days of being notified by the Board of the cancellation or suspension; or ( b ) in a case where an appeal is pending under section 22, within such other period as the Board may specify. (7) A person who fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: ooa-2007
provision_ref: s19
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 19
title: Publication of list of registered persons
content:
19. The Registrar must, from time to time, prepare and publish on an Internet website a list of the names, addresses, qualifications and dates of qualifications of all persons who — ( a ) are registered as optometrists or opticians; and ( b ) have in force practising certificates.


document_id: ooa-2007
provision_ref: s20
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 20
title: Power of Board to cancel registration, etc.
content:
20. —(1) Any complaint concerning the conduct of a registered person in his or her professional capacity must be made to the Board in such form and manner as the Board may require. (2) Where the Board receives any complaint against a registered person under subsection (1) or otherwise comes to know of any information concerning the conduct of a registered person in his or her professional capacity, the Board must notify the registered person of the complaint or information and give that registered person an opportunity to be heard either in person or by counsel. (3) The Board may cancel the registration of a registered person if the Board is satisfied that the registered person — ( a ) has obtained his or her registration by a fraudulent or an incorrect statement; ( b ) has had any of his or her qualifications by virtue of which he or she was registered withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; ( c ) has had his or her registration in any other country for the practice of optometry or opticianry withdrawn, suspended or cancelled; ( d ) has ceased to carry on the practice of optometry or opticianry for which he or she is registered; ( e ) has failed to comply with any condition to which his or her registration is subject; ( f ) has contravened any regulation made under this Act relating to the practice and conduct of optometrists or opticians that applies to him or her; ( g ) has been convicted of an offence in Singapore or elsewhere involving fraud or dishonesty; ( h ) has been convicted of an offence in Singapore or elsewhere implying a defect in character which renders him or her unfit to remain on the Register of Optometrists or the Register of Opticians; ( i ) has been guilty of any professional misconduct or negligence; ( j ) has been guilty of any improper act or conduct in his or her practice as an optometrist or optician which renders him or her unfit to remain on the Register of Optometrists or the Register of Opticians; ( k ) is unable to carry out the practice of optometry or opticianry for which he or she is registered safely or effectively by reason of any mental or physical disability; or ( l ) has failed to pay any penalty imposed on him or her under subsection (4)( b ). (4) Where a registered person is liable to have his or her registration cancelled on any ground mentioned in subsection (3)( e ) to ( l ), the Board may, instead of cancelling the registration, take one or more of the following measures: ( a ) censure the registered person; ( b ) impose on the registered person a penalty not exceeding $10,000; ( c ) order that the registered person’s registration be subject to such conditions as the Board may impose for a period not exceeding 3 years; ( d ) suspend the registered person’s registration for a period not exceeding 3 years. (5) Where the Board determines that there are no merits in any complaint or information received by it concerning any registered person, it may dismiss the complaint or information. (6) Every penalty imposed under subsection (4)( b ) is recoverable as a debt due to the Government. (7) Despite any appeal under section 22 that is pending, the decision of the Board to cancel or suspend the registration of a registered person, or to impose any penalty on the registered person under subsection (4)( b ), takes effect on the date the decision has been communicated to him or her, unless the Board or the General Division of the High Court otherwise directs. [40/2019] (8) While the registration of a registered person for the carrying out of a practice of optometry or opticianry remains suspended, he or she is not regarded as a registered person in respect of that practice of optometry or opticianry for the purposes of this Act, but on the expiry of the registered person’s suspension, his or her rights and privileges under this Act are revived. (9) Where a person is registered in respect of 2 or more practices of optometry or opticianry, the Board may take action under this section in relation to his or her registrations for both or all of those practices of optometry or opticianry without having to institute separate proceedings.


document_id: ooa-2007
provision_ref: s21
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 21
title: Costs
content:
21. —(1) Where the Board cancels the registration of a registered person under section 20(3) or takes any action against the registered person under section 20(4), the Board may order the registered person to pay any sums that it thinks fit in respect of the costs and expenses of or incidental to any inquiry or investigation conducted or the taking of action against the registered person. (2) The General Division of the High Court has jurisdiction to tax the sums ordered to be paid under subsection (1), and the sums are recoverable as a debt due to the Government. [40/2019]


document_id: ooa-2007
provision_ref: s22
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 22
title: Appeal
content:
22. —(1) A person who is aggrieved by a decision of the Board under section 20(3), (4) or (5) may, within 14 days of the date of the decision of the Board or within such further period as the General Division of the High Court may allow, appeal to the General Division of the High Court against the decision. [40/2019] (2) There is no further appeal against the decision of the General Division of the High Court pursuant to subsection (1). [40/2019]


document_id: ooa-2007
provision_ref: s23
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 23
title: Conviction final and conclusive
content:
23. The Board in taking action under section 20, and the General Division of the High Court on appeal from an order of the Board under section 22, must accept the conviction of a registered person for a criminal offence as final and conclusive. [40/2019]


document_id: ooa-2007
provision_ref: s24
chapter: PART 3 - REGISTRATION OF OPTOMETRISTS AND OPTICIANS
section: 24
title: Restoration of registration
content:
24. —(1) A person whose registration has been cancelled under section 20 may apply to the Board for his or her name to be re‑registered. (2) The Board may, after considering all relevant circumstances, and upon the compliance by the applicant of all conditions imposed by the Board (if any) and the payment of the prescribed fee, re‑register the person. (3) No application for re-registration is to be made to the Board — ( a ) before the expiry of 3 years from the date of the cancellation; and ( b ) more than once in any period of 12 months.


document_id: ooa-2007
provision_ref: s25
chapter: PART 4 - OFFENCES
section: 25
title: Unlawful engagement in optometry or opticianry
content:
25. —(1) A person must not — ( a ) carry out any practice of optometry or opticianry; or ( b ) advertise or otherwise hold himself or herself out to be qualified to carry out any practice of optometry or opticianry, unless he or she is a qualified person in respect of the practice of optometry or opticianry in question, and he or she carries out that practice in accordance with the prescribed conditions. (2) A person must not employ any person who is not a qualified person in respect of a practice of optometry or opticianry to carry out that practice of optometry or opticianry. (3) Subsections (1) and (2) are subject to any transitional or saving provisions as may be provided for by Part 6 or by the regulations. (4) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. (5) In any proceedings for a contravention of subsection (2), it is a defence for the accused to prove that the accused — ( a ) did not know that the person employed was not a qualified person in respect of the practice of optometry or opticianry in question; and ( b ) had exercised due diligence to ascertain if the person was a qualified person. (6) In this section, “qualified person”, in relation to a practice of optometry or opticianry, means a person who is — ( a ) registered to carry out; and ( b ) has in force a practising certificate which authorises the person to carry out, that practice of optometry or opticianry.


document_id: ooa-2007
provision_ref: s26
chapter: PART 4 - OFFENCES
section: 26
title: Recovery of fees or charges
content:
26. A person is not entitled to demand, claim, accept, receive, retain or sue for or recover any fee or charge in any court for any act done in contravention of section 25.


document_id: ooa-2007
provision_ref: s27
chapter: PART 4 - OFFENCES
section: 27
title: Fraudulent registration, etc.
content:
27. Any person who — ( a ) procures or attempts to procure registration as an optometrist or optician under this Act, a certificate of registration or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise; ( b ) wilfully makes or causes to be made any false entry in the Register of Optometrists or the Register of Opticians; ( c ) forges or alters a certificate of registration or practising certificate; ( d ) fraudulently or dishonestly uses as genuine a certificate of registration or practising certificate which the person knows or has reason to believe is forged or altered; or ( e ) buys, sells or fraudulently obtains a certificate of registration or practising certificate, 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 2 years or to both.


document_id: ooa-2007
provision_ref: s28
chapter: PART 4 - OFFENCES
section: 28
title: Jurisdiction of court
content:
28. Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has the power to impose the full penalty or punishment in respect of the offence.


document_id: ooa-2007
provision_ref: s29
chapter: PART 4 - OFFENCES
section: 29
title: Composition of offences
content:
29. —(1) The Board may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $2,000. (2) On payment of the sum of money mentioned in subsection (1), no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: ooa-2007
provision_ref: s30
chapter: PART 5 - MISCELLANEOUS
section: 30
title: Accreditation and Examinations Committees
content:
30. —(1) The Board may appoint one or more committees in accordance with section 10, to be known as Accreditation and Examinations Committees, to carry out the following functions: ( a ) to determine the standard and content of qualifying examinations for the purpose of registration under section 15; ( b ) to assess and determine the standard and content of courses for the purpose of registration under section 15; ( c ) to accredit all courses for the purpose of registration under section 15 and for continuing professional development; ( d ) to organise and conduct the examinations; ( e ) to issue certificates to persons who have passed the examinations. (2) The Board may authorise any institution of higher learning to carry out the functions mentioned in subsection (1)( d ) and ( e ).


document_id: ooa-2007
provision_ref: s31
chapter: PART 5 - MISCELLANEOUS
section: 31
title: Inspectors
content:
31. —(1) The Board may appoint one or more public officers or officers of the Board as inspectors — ( a ) to investigate the commission of an offence under this Act; ( b ) to investigate any complaint or matter in respect of which the Board may take action against registered persons under section 20; and ( c ) to assess the quality and appropriateness of the facilities and services provided and the practices and procedures being carried out in relation to any practice of optometry or opticianry. (2) For the purposes of subsection (1) — ( a ) an inspector may — (i) require any person to provide any information that is within his or her knowledge that the inspector believes on reasonable grounds to be connected with any suspected contravention of this Act; (ii) require any person to produce any book, document, paper or other record, or other article, which may be related to the subject matter of the investigation for inspection by the inspector and for making copies thereof; and (iii) examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act; and ( b ) an inspector who is duly authorised by the Board in writing may, without warrant, enter, inspect and search any premises which is used or proposed to be used, or in respect of which there is reasonable cause to believe is being used for the carrying out of any practice of optometry or opticianry, and may — (i) inspect any apparatus, appliance, equipment or instrument used or found on the premises; (ii) inspect, test, examine, take and remove any chemical, pharmaceutical or any other substance found on the premises; (iii) inspect, test, examine, take and remove any container, article or other thing that the inspector reasonably believes to contain or to have contained any chemical, pharmaceutical or any other substance found on the premises; (iv) inspect any test or procedure performed or carried out on the premises in order to ensure compliance with the provisions of this Act; (v) inspect and make copies of and take extracts from, or require the person having the management or control of the premises to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the premises or the facilities or services provided or the practices or procedures being carried out at the premises; (vi) inspect and make copies of and take extracts from, or require any licensee or person having the management or control of the premises to provide copies of or extracts from, the medical record of any person who has been or who is being treated or examined at the premises, even though that person’s prior consent has not been obtained; (vii) take such photographs or video recording as the inspector thinks necessary to record the premises or part of the premises, including any apparatus, appliance, equipment, instrument, article, book, document or record (including a medical record) found on the premises; and (viii) seize and remove from the premises any book, record, document, apparatus, equipment, instrument, material, chemical, pharmaceutical or any other substance which the inspector reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1)( a ) or ( b ). (3) A statement made by any person under subsection (2)( a )(i) or (iii) must — ( a ) be reduced to writing and read over to the person; and ( b ) after correction, be signed by the person. (4) Any person who, without lawful excuse — ( a ) refuses to answer any question put to the person by an inspector or gives a false answer to the question; ( b ) refuses or fails to comply with any requirement of the inspector under subsection (2); or ( c ) wilfully obstructs an inspector in the exercise of the inspector’s authority under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ooa-2007
provision_ref: s32
chapter: PART 5 - MISCELLANEOUS
section: 32
title: Assessor to Board
content:
32. —(1) For the purposes of advising the Board and any committee appointed by the Board, the Board may appoint an assessor to the Board who must be an advocate and solicitor of at least 10 years’ standing. (2) The assessor must not participate or sit in any deliberations of the Board or its committees unless invited to do so, and the assessor’s participation is limited only to questions of law arising from the proceedings. (3) The Board may pay to the assessor such remuneration, to be paid as part of the expenses of the Board, as the Board may determine.


document_id: ooa-2007
provision_ref: s33
chapter: PART 5 - MISCELLANEOUS
section: 33
title: Protection against liability
content:
33. No action shall lie against the Board, any committee or inspector appointed by the Board, or any member or employee of the Board or committee, for any act or thing done under this Act in respect of any matter or thing done in good faith for the purposes of carrying out the provisions of this Act.


document_id: ooa-2007
provision_ref: s34
chapter: PART 5 - MISCELLANEOUS
section: 34
title: Service of documents
content:
34. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document permitted or required by or under this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified) the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or ( e ) by sending it by email to the individual’s last email address. (3) A document permitted or required by or under this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer, or an authorised representative, of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or ( c ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect — ( a ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent. (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership; “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes an order or a notice permitted or required by or under this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 19 of 2025 wef 05/12/2025]


document_id: ooa-2007
provision_ref: s35
chapter: PART 5 - MISCELLANEOUS
section: 35
title: Exemption
content:
35. —(1) The Minister may, subject to any conditions that the Minister thinks fit, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act. (2) Nothing in this Act prohibits a person who is undergoing a course of instruction in the practice of optometry or opticianry, or any aspect thereof, which is accredited by the Board, from engaging in any aspect of the practice of an optometrist or optician as a part of the course of instruction.


document_id: ooa-2007
provision_ref: s37
chapter: PART 5 - MISCELLANEOUS
section: 37
title: Regulations
content:
37. —(1) Subject to the provisions of this Act, the Minister may, after consulting the Board, make such regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of this Act. (2) Without limiting subsection (1), regulations may be made to — ( a ) provide for the Registrar’s duties; ( b ) regulate the registration of optometrists and opticians; ( c ) provide for the form of the Register of Optometrists and the Register of Opticians, the particulars to be entered in the Register of Optometrists and the Register of Opticians and the mode in which each Register must be kept; ( d ) regulate the issue and renewal of practising certificates; ( e ) regulate the removal and restoration of names in the Register of Optometrists and the Register of Opticians; ( f ) regulate the procedure of any committee appointed by the Board and the conduct of any proceedings of the committee; ( g ) provide for the payment of fees to any member or any committee appointed by the Board; ( h ) provide for the duties and functions of, and payment of remuneration to, the assessor appointed under section 32; ( i ) regulate the professional practice, ethics, conduct and discipline of registered persons; ( j ) regulate the use by registered persons of any means of giving publicity, whether by advertisements or otherwise, to their practice as optometrists and opticians; ( k ) regulate the procedures or methods used in the testing of sight and eyes and the prescription, dispensing, fitting, supply and sale of optical appliances; ( l ) regulate the quality of optical appliances which may be sold or supplied by registered persons; ( m ) regulate the use and storage by registered persons of any machinery, equipment or other facility for the testing of sight and eyes and the supply and fitting of optical appliances; ( n ) prescribe the forms necessary for the administration of this Act; ( o ) prescribe the manner in which and the time within which an application under this Act is to be made; ( p ) provide that any person who contravenes any regulation made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; ( q ) prescribe the offences that may be compounded; ( r ) prescribe such other matters as are necessary or authorised to be prescribed under this Act; and ( s ) provide for such incidental, supplementary or transitional provisions as may be necessary or expedient.


document_id: ooa-2007
provision_ref: s38
chapter: PART 6 - Saving AND TRANSITIONAL PROVISIONS
section: 38
title: Interpretation of this Part
content:
38. In this Part — “licence”, in relation to a licensed contact lens practitioner, means the licence granted to the licensed contact lens practitioner under the repealed Act; “licensed contact lens practitioner” means a person who, immediately before 22 February 2008, was holding a valid licence granted to the person under the repealed Act (whether provisionally or otherwise) authorising the person to practise as a contact lens practitioner under the provisions of that Act; “repealed Act” means the Contact Lens Practitioners Act (Cap. 53A, 2002 Revised Edition) repealed by this Act.


document_id: ooa-2007
provision_ref: s39
chapter: PART 6 - Saving AND TRANSITIONAL PROVISIONS
section: 39
title: Persons licensed under repealed Act
content:
39. —(1) Despite this Act, every licensed contact lens practitioner is deemed to be registered as an optician and have in force a practising certificate which authorises the licensed contact lens practitioner to carry out any practice of opticianry under this Act, subject to such conditions or restrictions that the Minister may prescribe. (2) To avoid doubt, nothing in subsection (1) prevents a licensed contact lens practitioner from — ( a ) applying to be registered as an optometrist; and ( b ) applying for a practising certificate to carry out any practice of optometry, under this Act, subject to such conditions or restrictions that the Minister may prescribe.


document_id: ooa-2007
provision_ref: s40
chapter: PART 6 - Saving AND TRANSITIONAL PROVISIONS
section: 40
title: Pending investigations, proceedings, etc.
content:
40. —(1) Any order or decision made by the Contact Lens Practitioners Board pursuant to the provisions of the repealed Act is deemed to be, and has the same force and effect of, an order or decision made by the Optometrists and Opticians Board under this Act. (2) This section does not affect section 16 of the Interpretation Act 1965.


document_id: osa-1935
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless there is something repugnant in the subject or context — “armed forces” shall be deemed to include all regular and volunteer forces of Singapore or of Malaysia or any visiting forces lawfully present in Singapore; “document” includes part of a document; “drawing” includes any plan, sketch, tracing, painting, print or other pictorial representation; “model” includes design, pattern and specimen; “munitions of war” includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, bomb, torpedo or mine, intended or adapted for use in war, and any other article, material or device, whether actual or proposed, intended for such use; “office under the Government” includes any office or employment in or under any department of the Government or any specified organisation and, in the event of war, of the government of any ally of Singapore; “officer of police” includes any person upon whom the powers of a police officer not below the rank of sergeant are conferred by the Minister under section 18; “photograph” includes a photographic or process negative and any printed or other pictorial representation or drawing produced in whole or in part by photographic means; “prohibited place” means — ( a ) any work of defence, arsenal, naval, military or air force establishment, barrack, camp or station, factory, dockyard, mine, minefield, ship or aircraft belonging to or occupied by or on behalf of the armed forces or any telegraph, telephone, wireless or signal station or office so belonging or occupied, and any place belonging to or occupied by or on behalf of the armed forces and used for the purpose of building, repairing, making, proving, testing or storing any munitions of war, or any photographs, drawings, plans, models or documents relating thereto, or for the purpose of getting or storing any metals, oil, mechanical transport spirit or aviation spirit or minerals of use in time of war; ( b ) any place not belonging to the armed forces where any munitions of war, oil, mechanical transport spirit, aviation spirit, fuel or supplies or any photographs, drawings, models, plans or documents relating thereto, are being made, repaired, gotten or stored under contract with, or with any person on behalf of the armed forces, or otherwise on behalf of the armed forces; ( c ) any place belonging to or used for the purposes of the armed forces which is for the time being declared by the Minister, by order published in the Gazette , to be a prohibited place for the purposes of this section on the ground that information with respect thereto, or damage thereto, would be useful to a foreign Power or to an enemy; ( d ) any railway, roadway or channel or other means of communication by land or water (including any bridges, tunnels, piers, works or structures being part thereof, or connected or used therewith), or any beach, foreshore or the whole or any part of the territorial waters of Singapore, or any searchlight, lighthouse, buoy or other navigational aid, or any public building, fire station, aerodrome or air station, or any signal telegraph or radio station, or any place used for gas, water, electricity or engineering works or other works for purposes of a public character, or any place where any munitions of war or oil, mechanical transport spirit, aviation spirit, fuel or supplies or any photographs, drawings, models, plans or documents relating thereto are being made, repaired or stored otherwise than on behalf of the armed forces, any of the aforesaid being a place which is for the time being declared by the Minister, by order published in the Gazette , to be a prohibited place for the purposes of this section, on the ground that information with respect thereto, or the destruction or obstruction thereof, or interference therewith would be useful to a foreign Power or to an enemy; ( e ) any area (being in the vicinity of any work of defence, arsenal, naval, military or air force establishment or station, factory, dockyard, mine, minefield, camp, ship or aircraft, belonging to or occupied by or on behalf of the armed forces) which is declared by the Minister, by order published in the Gazette , to be a prohibited place for the purposes of this section, on the ground that information with respect thereto, or damage thereto, would be useful to a foreign Power or to an enemy; or ( f ) any area specified in any notice under any written law for the time being in force relating to military manoeuvres or any area declared by proclamation of the Minister under such written law to be a manoeuvring ground or a firing ground, which is declared by order of the Minister to be a prohibited place for the purposes of this section; “specified organisation” means any organisation specified in the Schedule. (2) Expressions referring to — ( a ) communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the photograph, drawing, plan, model, article, note, document or information itself or the substance, effect or description thereof is communicated or received; ( b ) obtaining or retaining any photograph, drawing, plan, model, article, note or document include the copying or causing to be copied the whole or any part of any photograph, drawing, plan, model, article, note or document; and ( c ) the communication of any photograph, drawing, plan, model, article, note or document include the transfer or transmission of the photograph, drawing, plan, model, article, note or document. (3) The President may, by notification in the Gazette , amend the Schedule.


document_id: osa-1935
provision_ref: s3
section: 3
title: Penalties for spying
content:
3. —(1) If any person for any purpose prejudicial to the safety or interests of Singapore — ( a ) approaches, inspects, passes over or is in the neighbourhood of, or enters any prohibited place within the meaning of this Act; ( b ) makes any photograph, drawing, plan, model or note which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign Power or to an enemy; or ( c ) obtains, collects, records, publishes or communicates to any other person any secret official code word, countersign or password, or any photograph, drawing, plan, model, article or note, or other document or information which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign Power or to an enemy, he shall be guilty of an offence. (2) Any person who takes or makes any photograph, drawing, map, measurement, sounding or survey of or within a prohibited place, shall, unless he proves that the thing so taken or made is not prejudicial to the safety or interests of Singapore and is not intended to be directly or indirectly useful to a foreign Power or to an enemy, be guilty of an offence: Provided that it shall not be an offence under this subsection to take or make, outside a prohibited place, a photograph or drawing in which such place or part thereof is included, unless it is proved that the photograph or drawing is intended to be prejudicial to the safety or interests of Singapore or to be directly or indirectly useful to a foreign Power or to an enemy. This proviso does not apply to any photograph taken from an aircraft. (3) The taking or making of any photograph, drawing, map, measurement, sounding or survey in accordance with the terms and conditions in such permit as the competent authority sees fit to give shall not be an offence under subsection (2). It may be a term or condition of that permit that anything so taken or made shall immediately be submitted to the competent authority for examination who, if satisfied that there is reasonable cause to believe that the thing so taken or made contains matter or information prejudicial to the safety or interests of Singapore and directly or indirectly useful to a foreign Power or to an enemy, shall send it to the Minister, and the Minister may give such orders in respect of the thing as he is empowered to give under subsection (8). (4) The Minister may, by notification in the Gazette , provide who shall be the competent authority for the purposes of subsection (3). (5) Any person who makes or assists in making a declaration or statement which is false in any material respect for the purpose of obtaining a permit from a competent authority shall be guilty of an offence and shall be liable on conviction before a District Court to a fine not exceeding $2,000, or before a Magistrate’s Court to a fine not exceeding $1,000. (6) On a prosecution under this section, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of Singapore, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case, or his conduct, or his known character as proved, or from his having acted in contravention of section 6 or in the manner mentioned in section 7, it appears that his purpose was a purpose prejudicial to the safety or interests of Singapore and if any photograph, drawing, plan, model, article, note, document or information relating to or used in any prohibited place within the meaning of this Act, or anything in such a place, or any secret official code word, countersign or password is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, it shall be deemed to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of Singapore unless the contrary is proved. (7) If a Magistrate’s Court is satisfied that there is reasonable cause to believe that a photograph or drawing contains matter or information prejudicial to the safety or interests of Singapore and directly or indirectly useful to a foreign Power or to an enemy, the Court may issue a search warrant to search for and seize such photograph or drawing even though an offence under this Act is not alleged to have been committed. (8) The photograph or drawing, if seized under the search warrant or voluntarily produced by the person in whose possession it is, shall be sent by the Court to the Minister, and the Minister may if he considers that the photograph or drawing contains matter or information prejudicial to the safety or interests of Singapore and directly or indirectly useful to a foreign Power or to an enemy, order the photograph or drawing to be forfeited, or order that any part of the photograph or drawing be obliterated, erased or removed.


document_id: osa-1935
provision_ref: s4
section: 4
title: Cameras prohibited except under permit
content:
4. —(1) Any person who within a prohibited place has any apparatus for taking or making photographs in his possession without a permit in writing in that behalf signed by the competent authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200: Provided that it shall not be an offence under this section for any person residing within any prohibited place to possess any such apparatus within that place without a permit. (2) Any such apparatus in respect of which an offence has been or is suspected of having been committed may be seized by any person duly authorised in that behalf by the competent authority for such prohibited place and any plate or film in or belonging to such apparatus may also be seized and may be subjected to such process of development as the competent authority may direct either generally or in any particular case. (3) In this section, “competent authority” means the competent authority referred to in section 3.


document_id: osa-1935
provision_ref: s5
section: 5
title: Wrongful communication, etc., of information
content:
5. —(1) If any person having in his possession or control any secret official code word, countersign or password, or any photograph, drawing, plan, model, article, note, document or information which — ( a ) relates to or is used in a prohibited place or anything in such a place; ( b ) relates to munitions of war; ( c ) has been made or obtained in contravention of this Act; ( d ) has been entrusted in confidence to him by any person holding office under the Government; or ( e ) he has obtained, or to which he has had access, owing to his position as a person who holds or has held office under the Government, or as a person who holds, or has held a contract made on behalf of the Government or any specified organisation, or as a person who is or has been employed under a person who holds or has held such an office or contract, does any of the following: ( f ) communicates directly or indirectly any such information or thing as aforesaid to any foreign Power other than a foreign Power to whom he is duly authorised to communicate it, or to any person other than a person to whom he is authorised to communicate it or to whom it is his duty to communicate it; ( g ) uses any such information or thing as aforesaid for the benefit of any foreign Power other than a foreign Power for whose benefit he is authorised to use it, or in any manner prejudicial to the safety or interests of Singapore; ( h ) retains in his possession or control any such thing as aforesaid when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with all lawful directions issued by lawful authority with regard to the return or disposal thereof; ( i ) fails to take reasonable care of, or so conducts himself as to endanger the safety or secrecy of, any such information or thing as aforesaid, that person shall be guilty of an offence. (2) If any person receives any secret official code word, countersign, password, or any photograph, drawing, plan, model, article, note, document or information knowing, or having reasonable ground to believe, at the time when he receives it, that the code word, countersign, password, photograph, drawing, plan, model, article, note, document or information is communicated to him in contravention of this Act, he shall be guilty of an offence unless he proves that the communication to him of the code word, countersign, password, photograph, drawing, plan, model, article, note, document or information was contrary to his desire. (3) In any proceedings against a person for an offence under this section, where it is proved that that person is or has been in the employment or service of any foreign Power or government in breach of any undertaking which he has made with the Government or any specified organisation, he shall be deemed to be in possession or control of such information or thing as is referred to in subsection (1) and to have unlawfully communicated that information to a foreign Power or to have used that information or thing in a manner prejudicial to the safety or interests of Singapore. (4) In subsection (3), “undertaking” means any undertaking in writing which a public officer or any other person has made with the Government or any specified organisation whereby the officer or person undertakes not to serve or be employed by any foreign Power or government within a specified period after his retirement or resignation from the public service or that specified organisation or otherwise unless he has obtained the prior approval of the Government or that specified organisation.


document_id: osa-1935
provision_ref: s6
section: 6
title: Unauthorised use of uniforms, falsification of reports, forgery, personation and false documents
content:
6. —(1) If any person gains or assists any other person to gain admission to a prohibited place otherwise than by an authorised point of entry or, for the purpose of gaining admission, or of assisting any other person to gain admission, to a prohibited place, or for any other purpose prejudicial to the safety or interests of Singapore within the meaning of this Act — ( a ) uses or wears, without lawful authority, any naval, military, air force, police or other official uniform, or any uniform so nearly resembling the same as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform; ( b ) makes use of any disguise or false name, or knowingly conceals his identity or nationality; ( c ) orally, or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or any omission; ( d ) forges, alters or tampers with any passport or any naval, military, air force, police or official pass, permit, certificate, licence or other document of a similar character (referred to in this section as an official document), or uses or has in his possession any such forged, altered or irregular official document; ( e ) personates, or falsely represents himself to be, a person holding or in the employment of a person holding office under the Government, or personates, or falsely represents himself to be or not to be, a person to whom an official document or secret official code word, countersign or password has been duly issued or communicated; or ( f ) uses, or has in his possession or under his control, without the authority of the Government department or any specified organisation or the authority concerned, any key, badge, device, die, seal or stamp of or belonging to, or used, made or provided by any Government department or any specified organisation, or by any diplomatic, naval, military or air force authority appointed by or acting under the authority of the Government or that specified organisation, or any key, badge, device, die, seal or stamp so nearly resembling any such articles as aforesaid as to be calculated to deceive, or counterfeits any such articles as aforesaid, or uses, or has in his possession, or under his control, any such counterfeited articles as aforesaid, he shall be guilty of an offence. (2) If any person — ( a ) retains for any purpose prejudicial to the safety or interests of Singapore any official document, whether or not completed or issued for use, when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with any directions issued by any Government department or any specified organisation or any person authorised by that department or specified organisation with regard to the return or disposal thereof; ( b ) allows any other person to have possession of any official document issued for his use alone, or communicates any secret official code word, countersign or password so issued, or, without lawful authority or excuse, has in his possession any official document or secret official code word, countersign or password issued for the use of some person other than himself, or on obtaining possession of any official document by finding or otherwise, neglects or fails to restore it to the person or authority by whom or for whose use it was issued, or to the Deputy Commissioner of Police; ( c ) without lawful authority or excuse, manufactures or sells, or has in his possession for sale, any such key, badge, device, die, seal or stamp as aforesaid; or ( d ) with intent to obtain an official document, secret official code word, countersign or password, whether for himself or for any other person, knowingly makes any false statement, he shall be guilty of an offence. (3) In the case of any prosecution under this section involving the proof of a purpose prejudicial to the safety or interests of Singapore, section 3(6) shall apply in like manner as it applies to prosecutions under that section.


document_id: osa-1935
provision_ref: s7
section: 7
title: Communications with foreign agents to be evidence of commission of certain offences
content:
7. —(1) In any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or without Singapore, shall be evidence that he has, for a purpose prejudicial to the safety or interests of Singapore, obtained or attempted to obtain or to communicate information which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign Power or to an enemy. (2) For the purpose of this section, but without prejudice to the generality of subsection (1) — ( a ) a person shall, unless he proves the contrary, be deemed to have been in communication with a foreign agent if — (i) he has, either within or without Singapore, visited the address of a foreign agent or consorted or associated with a foreign agent; or (ii) either within or without Singapore, the name or address of, or any other information regarding a foreign agent has been found in his possession, or has been supplied by him to any other person, or has been obtained by him from any other person; ( b ) “foreign agent” includes any person who is or has been or is reasonably suspected of being or having been employed by a foreign Power either directly or indirectly for the purpose of committing an act, either within or without Singapore, prejudicial to the safety or interests of Singapore, or who has or is reasonably suspected of having, either within or without Singapore, committed, or attempted to commit, such an act in the interests of a foreign Power; and ( c ) any address, whether within or without Singapore, reasonably suspected of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent.


document_id: osa-1935
provision_ref: s8
section: 8
title: Interfering with police officers or members of the armed forces
content:
8. No person within or in the vicinity of any prohibited place shall obstruct, knowingly mislead or otherwise interfere with or impede, any police officer, or any member of the armed forces engaged on duty in relation to the prohibited place, and, if any person acts in contravention of, or fails to comply with this provision, he shall be guilty of an offence.


document_id: osa-1935
provision_ref: s9
section: 9
title: Power to require production of messages
content:
9. —(1) Where it appears to the Minister that such a course is expedient in the public interest, he may by warrant under his hand, require any person who owns or controls any telecommunication system, used for the sending or receipt of messages to or from any place out of Singapore, to produce to him, or to any person named in the warrant, the originals and transcripts, either of all messages, or of messages of any specified class or description, or of messages sent from or addressed to any specified person or place, sent or received to or from any place out of Singapore by means of any such telecommunication system, and all other papers relating to any such messages as aforesaid. (2) Any person who, on being required to produce any such original or transcript or paper as aforesaid, refuses or neglects to do so, or mutilates or destroys the same, shall be guilty of an offence. (3) In this section “message” and “telecommunication system” shall have the same meanings as in the Telecommunications Act 1999.


document_id: osa-1935
provision_ref: s10
section: 10
title: Duty of giving information as to commission of offences
content:
10. It shall be the duty of every person to give on demand to any police officer not below the rank of sergeant, or to any officer of the armed forces on duty, or to any member of the armed forces engaged on guard, sentry, patrol or other similar duty, any information in his power relating to an offence or suspected offence under this Act, and, if so required, and upon tender of his reasonable expenses, to attend at such reasonable time and place as may be specified for the purpose of furnishing the information, and, if any person fails to give any such information or to attend as aforesaid, he shall be guilty of an offence.


document_id: osa-1935
provision_ref: s11
section: 11
title: Harbouring
content:
11. —(1) If any person knowingly harbours any person whom he knows, or has reasonable grounds for supposing, to be a person who is about to commit or who has committed an offence under this Act, or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons, or if any person having harboured any such person, or permitted to meet or assemble in any premises in his occupation or under his control any such persons, wilfully omits or refuses to disclose to a police officer any information which it is in his power to give in relation to any such person, he shall be guilty of an offence. (2) In this section, “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or assisting a person in any way to commit an offence.


document_id: osa-1935
provision_ref: s12
section: 12
title: Attempts, incitements, etc.
content:
12. Any person who attempts to commit any offence under this Act, or solicits or incites or endeavours to persuade, or conspires with another person to commit an offence, or aids or abets or does any act preparatory to the commission of an offence under this Act, shall be guilty of an offence and shall be liable on conviction to the same punishment, and to be proceeded against in the same manner, as if he had committed the offence.


document_id: osa-1935
provision_ref: s13
section: 13
title: Power to arrest
content:
13. —(1) Any person who is found committing an offence under this Act, or who is reasonably suspected of having committed, or having attempted to commit, or being about to commit, such an offence, may be arrested without a warrant. (2) Without limiting the generality of subsection (1), any commissioned officer, warrant officer, petty officer, non‑commissioned officer or leading rating of the armed forces and any police officer may, with or without a warrant or other process, apprehend or cause to be apprehended any person found in a prohibited place or on lands or premises in the occupation of the armed forces offending against this Act or suspected of so offending, and shall forthwith bring or cause to be brought the person so apprehended before a Magistrate’s Court for the purpose of being dealt with according to law.


document_id: osa-1935
provision_ref: s14
section: 14
title: Restriction on prosecution
content:
14. —(1) A prosecution for an offence under this Act shall not be instituted except by or with the consent of the Public Prosecutor: Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until that consent has been obtained. (2) When a person is brought before a court under this section before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and section 230 of the Criminal Procedure Code 2010 shall not apply.


document_id: osa-1935
provision_ref: s15
section: 15
title: Search warrants
content:
15. —(1) A Justice of the Peace if he is satisfied by information on oath or affirmation that there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed, may grant a search warrant authorising any police officer named therein, or authorising if so requested any police officer accompanied by an officer of the armed forces deputed by the officer in command of such armed forces, to enter at any time any premises or place specified in the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize and retain any photograph, drawing, plan, model, article, note or document or anything of a like nature or anything which is or may be evidence of an offence under this Act having been or being about to be committed, which he may find on the premises or place or on any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this Act has been or is about to be committed. The seal of a court shall not be necessary to validate a warrant issued under this section. (2) A Justice of the Peace is authorised to administer an oath or affirmation for the purposes of this section. (3) The information shall, unless the warrant has been issued by a Magistrate under the seal of his court, be returned without undue delay to a District Court. (4) A search warrant issued under this section shall, if issued by a Magistrate under the seal of his court, be returned to his court and in any other case shall be returned to a District Court. (5) When it appears to an officer of police not below the rank of sergeant that the case is one of great emergency and that in the interests of Singapore immediate action is necessary, he may, by a written order under his hand, give to any constable the like authority as may be given by the warrant of a Justice of the Peace under this section.


document_id: osa-1935
provision_ref: s16
section: 16
title: Trial of offences
content:
16. —(1) For the purposes of the trial of a person for an offence under this Act, the offence shall be deemed to have been committed either at the place in which the same actually was committed, or at any place in Singapore in which the offender may be found. (2) In addition and without prejudice to any powers which a court may possess to order the exclusion of the public from any proceedings, if, in the course of proceedings before a court against any person for an offence under this Act or the proceedings on appeal, or in the course of the trial of a person for an offence under this Act, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the proceedings would be prejudicial to the safety of Singapore, that all or any portion of the public shall be excluded during any part of the hearing, the court may make an order to that effect, but the passing of sentence shall in any case take place in public. (3) Where the person guilty of an offence under this Act is a company or corporation or a member or an employee of a partnership or firm, acting in the course of the business of the partnership or firm, every director and officer of the company or corporation or every member of the partnership or firm (as the case may be) shall be guilty of the like offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent.


document_id: osa-1935
provision_ref: s17
section: 17
title: Punishment
content:
17. —(1) A person who is guilty of an offence under this Act by reason of section 3 shall be liable on conviction to a fine not exceeding $20,000 and to imprisonment for a term not exceeding 14 years. (2) A person who is guilty of an offence under this Act by reason of section 5, 6, 8 or 11 shall be liable on conviction before a District Court to a fine not exceeding $2,000 and to imprisonment for a term not exceeding 2 years. A person charged with an offence by reason of a section mentioned in this subsection may with the consent of the Public Prosecutor be tried before a Magistrate’s Court, and such person shall be liable on conviction to a fine not exceeding $1,000 and to imprisonment for a term not exceeding 6 months. (3) A person who is guilty of an offence under this Act by reason of section 9 or 10 shall be liable on conviction before a District Court to a fine not exceeding $2,000 and to imprisonment for a term not exceeding 2 years, and shall be liable on conviction before a Magistrate’s Court to a fine not exceeding $1,000 and to imprisonment for a term not exceeding 6 months.


document_id: osa-1935
provision_ref: s17A
section: 17A
title: Jurisdiction of District Court
content:
17A. Notwithstanding any provision to the contrary in the Criminal Procedure Code 2010, a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.


document_id: osa-1935
provision_ref: s18
section: 18
title: Minister may confer police powers on suitable person
content:
18. The Minister may confer upon any person, whom he considers fit and suitable, the powers of a police officer not below the rank of sergeant for the purposes of this Act.


document_id: osa-1935
provision_ref: s19
section: 19
title: Powers under Criminal Procedure Code 2010 not restricted
content:
19. Nothing in this Act shall be deemed to limit or restrict any powers conferred by the Criminal Procedure Code 2010.


document_id: pa-1890
provision_ref: s1
section: 1
title: Definition of partnership
content:
1. —(1) Partnership is the relation which subsists between persons carrying on a business in common with a view of profit. (2) But the relation between members of any company or association which is — ( a ) registered as a company under the Companies Act 1967 or under any previous corresponding law; or ( b ) formed or incorporated by or in pursuance of any other Act of Parliament, is not a partnership within the meaning of this Act.


document_id: pa-1890
provision_ref: s2
section: 2
title: Rules for determining existence of partnership
content:
2. In determining whether a partnership does or does not exist, regard shall be had to the following rules: ( a ) joint tenancy, tenancy in common, joint property, common property, or part ownership does not of itself create a partnership as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof; ( b ) the sharing of gross returns does not of itself create a partnership, whether the persons sharing such returns have or have not a joint or common right or interest in any property from which or from the use of which the returns are derived; ( c ) the receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but the receipt of such a share, or of a payment contingent on or varying with the profits of a business, does not of itself make him a partner in the business; and in particular — (i) the receipt by a person of a debt or other liquidated amount by instalments or otherwise out of the accruing profits of a business does not of itself make him a partner in the business or liable as such; (ii) a contract for the remuneration of a servant or agent of a person engaged in a business by a share of the profits of the business does not of itself make the servant or agent a partner in the business or liable as such; (iii) a person being the widow or child of a deceased partner, and receiving by way of annuity a portion of the profits made in the business in which the deceased person was a partner, is not by reason only of such receipt a partner in the business or liable as such; (iv) the advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits, or shall receive a share of the profits arising from carrying on the business, does not of itself make the lender a partner with the person or persons carrying on the business or liable as such: Provided that the contract is in writing, and signed by or on behalf of all the parties thereto; (v) a person receiving by way of annuity or otherwise a portion of the profits of a business in consideration of the sale by him of the goodwill of the business is not by reason only of such receipt a partner in the business or liable as such.


document_id: pa-1890
provision_ref: s3
section: 3
title:
Postponement of rights of person lending or selling in consideration of share of profits in case of insolvency

content:
3. In the event of any person to whom money has been advanced by way of loan upon such a contract as is mentioned in section 2 or of any buyer of a goodwill in consideration of a share of the profits of the business, being adjudged a bankrupt, entering into an arrangement to pay his creditors less than the full amount owed, or dying in insolvent circumstances, the lender of the loan shall not be entitled to recover anything in respect of his loan, and the seller of the goodwill shall not be entitled to recover anything in respect of the share of profits contracted for, until the claims of the other creditors of the borrower or buyer for valuable consideration in money or money’s worth have been satisfied.


document_id: pa-1890
provision_ref: s4
section: 4
title: Meaning of firm
content:
4. Persons who have entered into partnership with one another are for the purposes of this Act called collectively a firm, and the name under which their business is carried on is called the firm‑name.


document_id: pa-1890
provision_ref: s5
section: 5
title: Power of partner to bind firm
content:
5. Every partner is an agent of the firm and his other partners for the purpose of the business of the partnership; and the acts of every partner who does any act for carrying on in the usual way business of the kind carried on by the firm of which he is a member bind the firm and his partners, unless the partner so acting has in fact no authority to act for the firm in the particular matter, and the person with whom he is dealing either knows that he has no authority, or does not know or believe him to be a partner.


document_id: pa-1890
provision_ref: s6
section: 6
title: Partners bound by acts on behalf of firm
content:
6. An act or instrument relating to the business of the firm and done or executed in the firm-name, or in any other manner showing an intention to bind the firm, by any person thereto authorised whether a partner or not, is binding on the firm and all the partners: Provided that this section shall not affect any general rule of law relating to the execution of deeds or negotiable instruments.


document_id: pa-1890
provision_ref: s7
section: 7
title: Partner using credit of firm for private purposes
content:
7. Where one partner pledges the credit of the firm for a purpose apparently not connected with the firm’s ordinary course of business, the firm is not bound, unless he is in fact specially authorised by the other partners; but this section does not affect any personal liability incurred by an individual partner.


document_id: pa-1890
provision_ref: s8
section: 8
title: Effect of notice that firm will not be bound by acts of partner
content:
8. If it has been agreed between the partners that any restriction shall be placed on the power of any one or more of them to bind the firm, no act done in contravention of the agreement is binding on the firm with respect to persons having notice of the agreement.


document_id: pa-1890
provision_ref: s9
section: 9
title: Liability of partners
content:
9. Every partner in a firm is liable jointly with the other partners for all debts and obligations of the firm incurred while he is a partner; and after his death his estate is also severally liable in a due course of administration for such debts and obligations, so far as they remain unsatisfied, but subject to the prior payment of his separate debts.


document_id: pa-1890
provision_ref: s10
section: 10
title: Liability of firm for wrongs
content:
10. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the firm, or with the authority of his co‑partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the partner so acting or omitting to act.


document_id: pa-1890
provision_ref: s11
section: 11
title: Misapplication of money or property received for or in custody of firm
content:
11. In the following cases: ( a ) where one partner acting within the scope of his apparent authority receives the money or property of a third person and misapplies it; and ( b ) where a firm in the course of its business receives money or property of a third person, and the money or property so received is misapplied by one or more of the partners while it is in the custody of the firm, the firm is liable to make good the loss.


document_id: pa-1890
provision_ref: s12
section: 12
title: Liability for wrongs joint and several
content:
12. Every partner is liable jointly with his co-partners and also severally for everything for which the firm while he is a partner therein becomes liable under section 10 or 11.


document_id: pa-1890
provision_ref: s13
section: 13
title: Improper employment of trust property for partnership purposes
content:
13. If a partner, being a trustee, improperly employs trust property in the business or on the account of the partnership, no other partner is liable for the trust property to the persons beneficially interested therein: Provided that — ( a ) this section shall not affect any liability incurred by any partner by reason of his having notice of a breach of trust; and ( b ) nothing in this section shall prevent trust money from being followed and recovered from the firm if still in its possession or under its control.


document_id: pa-1890
provision_ref: s14
section: 14
title: Persons liable by “holding out”
content:
14. Every one who by words spoken or written or by conduct represents himself, or who knowingly suffers himself to be represented, as a partner in a particular firm, is liable as a partner to any one who has on the faith of any such representation given credit to the firm, whether the representation has or has not been made or communicated to the person so giving credit by or with the knowledge of the apparent partner making the representation or suffering it to be made: Provided that where after a partner’s death the partnership business is continued in the old firm-name, the continued use of that name, or of the deceased partner’s name as part thereof shall not of itself make his executors or administrators, estate or effects liable for any partnership debts contracted after his death.


document_id: pa-1890
provision_ref: s15
section: 15
title: Admissions and representations of partners
content:
15. An admission or representation made by any partner concerning the partnership affairs, and in the ordinary course of its business, is evidence against the firm.


document_id: pa-1890
provision_ref: s16
section: 16
title: Notice to acting partner to be notice to firm
content:
16. Notice to any partner who habitually acts in the partnership business of any matter relating to partnership affairs operates as notice to the firm, except in the case of a fraud on the firm committed by or with the consent of that partner.


document_id: pa-1890
provision_ref: s17
section: 17
title: Liabilities of incoming and outgoing partners
content:
17. —(1) A person who is admitted as a partner into an existing firm does not thereby become liable to the creditors of the firm for anything done before he became a partner. (2) A partner who retires from a firm does not thereby cease to be liable for partnership debts or obligations incurred before his retirement. (3) A retiring partner may be discharged from any existing liabilities, by an agreement to that effect between himself and the members of the firm as newly constituted and the creditors, and this agreement may be either express or inferred as a fact from the course of dealing between the creditors and the firm as newly constituted.


document_id: pa-1890
provision_ref: s18
section: 18
title: Revocation of continuing guaranty by change in firm
content:
18. A continuing guaranty or cautionary obligation given either to a firm or to a third person in respect of the transactions of a firm is, in the absence of agreement to the contrary, revoked as to future transactions by any change in the constitution of the firm to which, or of the firm in respect of the transactions of which, the guaranty or obligation was given.


document_id: pa-1890
provision_ref: s19
section: 19
title: Variation by consent of terms of partnership
content:
19. The mutual rights and duties of partners, whether ascertained by agreement or defined by this Act, may be varied by the consent of all the partners, and such consent may be either express or inferred from a course of dealing.


document_id: pa-1890
provision_ref: s20
section: 20
title: Partnership property
content:
20. —(1) All property and rights and interests in property originally brought into the partnership stock or acquired, whether by purchase or otherwise, on account of the firm, or for the purposes and in the course of the partnership business, are called in this Act partnership property, and must be held and applied by the partners exclusively for the purposes of the partnership and in accordance with the partnership agreement: Provided that the legal estate or interest in any land which belongs to the partnership shall devolve according to the nature and tenure thereof, and the general rules of law thereto applicable, but in trust, so far as necessary, for the persons beneficially interested in the land under this section. (2) Where co-owners of an estate or interest in any land, not being itself partnership property, are partners as to profits made by the use of that land or estate, and purchase other land or estate out of the profits to be used in like manner, the land or estate so purchased belongs to them, in the absence of an agreement to the contrary, not as partners, but as co-owners for the same respective estates and interests as are held by them in the land or estate first mentioned at the date of the purchase.


document_id: pa-1890
provision_ref: s21
section: 21
title: Property bought with partnership money
content:
21. Unless the contrary intention appears, property bought with money belonging to the firm is deemed to have been bought on account of the firm.


document_id: pa-1890
provision_ref: s22
section: 22
title: Conversion into personal estate of land held as partnership property
content:
22. Where land or any interest therein has become partnership property, it shall, unless the contrary intention appears, be treated as between the partners (including the representatives of a deceased partner), and also as between the heirs of a deceased partner and his executors or administrators, as personal or movable and not real estate.


document_id: pa-1890
provision_ref: s23
section: 23
title: Procedure against partnership property for partner’s separate judgment debt
content:
23. —(1) An enforcement order shall not issue against any partnership property except on a judgment against the firm. [Act 25 of 2021 wef 01/04/2022] (2) The General Division of the High Court or a District Court may, on the application by summons of any judgment creditor of a partner, make an order charging that partner’s interest in the partnership property and profits with payment of the amount of the judgment debt and interest thereon, and may by the same or a subsequent order appoint a receiver of that partner’s share of profits (whether already declared or accruing), and of any other money which may be coming to him in respect of the partnership, and direct all accounts and inquiries, and give all other orders and directions which might have been directed or given if the charge had been made in favour of the judgment creditor by the partner, or which the circumstances of the case may require. [40/2019] (3) The other partner or partners shall be at liberty at any time to redeem the interest charged, or, in case of a sale being directed, to purchase the same.


document_id: pa-1890
provision_ref: s24
section: 24
title: Rules as to interests and duties of partners subject to special agreement
content:
24. The interests of partners in the partnership property and their rights and duties in relation to the partnership shall be determined, subject to any agreement express or implied between the partners, by the following rules: ( a ) all the partners are entitled to share equally in the capital and profits of the business, and must contribute equally towards the losses whether of capital or otherwise sustained by the firm; ( b ) the firm must indemnify every partner in respect of payments made and personal liabilities incurred by him — (i) in the ordinary and proper conduct of the business of the firm; or (ii) in or about anything necessarily done for the preservation of the business or property of the firm; ( c ) a partner making, for the purpose of the partnership, any actual payment or advance beyond the amount of capital which he has agreed to subscribe, is entitled to interest at the rate of 5% per annum from the date of the payment or advance; ( d ) a partner is not entitled, before the ascertainment of profits, to interest on the capital subscribed by him; ( e ) every partner may take part in the management of the partnership business; ( f ) no partner shall be entitled to remuneration for acting in the partnership business; ( g ) no person may be introduced as a partner without the consent of all existing partners; ( h ) any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners, but no change may be made in the nature of the partnership business without the consent of all existing partners; ( i ) the partnership books are to be kept at the place of business of the partnership (or the principal place, if there is more than one), and every partner may, when he thinks fit, have access to and inspect and copy any of them.


document_id: pa-1890
provision_ref: s25
section: 25
title: Expulsion of partner
content:
25. No majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners.


document_id: pa-1890
provision_ref: s26
section: 26
title: Retirement from partnership at will
content:
26. —(1) Where no fixed term has been agreed upon for the duration of the partnership, any partner may determine the partnership at any time on giving notice of his intention to do so to all the other partners. (2) Where the partnership has originally been constituted by deed, a notice in writing, signed by the partner giving it, shall be sufficient for this purpose.


document_id: pa-1890
provision_ref: s27
section: 27
title: Where partnership for term is continued over, continuance on old terms presumed
content:
27. —(1) Where a partnership entered into for a fixed term is continued after the term has expired, and without any express new agreement, the rights and duties of the partners remain the same as they were at the expiration of the term, so far as is consistent with the incidents of a partnership at will. (2) A continuance of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is presumed to be a continuance of the partnership.


document_id: pa-1890
provision_ref: s28
section: 28
title: Duty of partners to render accounts, etc.
content:
28. Partners are bound to render true accounts and full information of all things affecting the partnership to any partner or his legal representatives.


document_id: pa-1890
provision_ref: s29
section: 29
title: Accountability of partners for private profits
content:
29. —(1) Every partner must account to the firm for any benefit derived by him without the consent of the other partners from any transaction concerning the partnership, or from any use by him of the partnership property, name or business connection. (2) This section applies also to transactions undertaken after a partnership has been dissolved by the death of a partner, and before the affairs thereof have been completely wound up, either by any surviving partner or by the representatives of the deceased partner.


document_id: pa-1890
provision_ref: s30
section: 30
title: Duty of partner not to compete with firm
content:
30. If a partner, without the consent of the other partners, carries on any business of the same nature as and competing with that of the firm, he must account for and pay over to the firm all profits made by him in that business.


document_id: pa-1890
provision_ref: s31
section: 31
title: Rights of assignee of share in partnership
content:
31. —(1) An assignment by any partner of his share in the partnership, either absolute or by way of mortgage or redeemable charge, does not, as against the other partners, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partnership business or affairs, or to require any accounts of the partnership transactions, or to inspect the partnership books, but entitles the assignee only to receive the share of profits to which the assigning partner would otherwise be entitled, and the assignee must accept the account of profits agreed to by the partners. (2) In case of a dissolution of the partnership, whether as respects all the partners or as respects the assigning partner, the assignee is entitled to receive the share of the partnership assets to which the assigning partner is entitled as between himself and the other partners, and, for the purpose of ascertaining that share, to an account as from the date of the dissolution.


document_id: pa-1890
provision_ref: s32
section: 32
title: Dissolution by expiration or notice
content:
32. —(1) Subject to any agreement between the partners, a partnership is dissolved — ( a ) if entered into for a fixed term, by the expiration of that term; ( b ) if entered into for a single adventure or undertaking, by the termination of that adventure or undertaking; ( c ) if entered into for an undefined time, by any partner giving notice to the other or others of his intention to dissolve the partnership. (2) In the case mentioned in subsection (1)( c ), the partnership is dissolved as from the date mentioned in the notice as the date of dissolution, or, if no date is so mentioned, as from the date of the communication of the notice.


document_id: pa-1890
provision_ref: s33
section: 33
title: Dissolution by bankruptcy, death or charge
content:
33. —(1) Subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death or bankruptcy of any partner. (2) A partnership may, at the option of the other partners, be dissolved if any partner suffers his share of the partnership property to be charged under this Act for his separate debt.


document_id: pa-1890
provision_ref: s34
section: 34
title: Dissolution by illegality of partnership
content:
34. A partnership is in every case dissolved by the happening of any event which makes it unlawful for the business of the firm to be carried on or for the members of the firm to carry it on in partnership.


document_id: pa-1890
provision_ref: s35
section: 35
title: Dissolution by court
content:
35. On application by a partner, the court may decree a dissolution of the partnership in any of the following cases: ( a ) when a partner, other than the partner suing, becomes in any way permanently incapable of performing his part of the partnership contract; ( b ) when a partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the business; ( c ) when a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him; ( d ) when the business of the partnership can only be carried on at a loss; ( e ) whenever in any case circumstances have arisen which, in the opinion of the court, render it just and equitable that the partnership be dissolved.


document_id: pa-1890
provision_ref: s36
section: 36
title: Rights of persons dealing with firm against apparent members of firm
content:
36. —(1) Where a person deals with a firm after a change in its constitution, he is entitled to treat all apparent members of the old firm as still being members of the firm until he has notice of the change. (2) An advertisement in the Gazette shall be notice as to persons who had no dealings with the firm before the date of the dissolution or change so advertised. (3) The estate of a partner who dies, or who becomes bankrupt, or of a partner who, not having been known to the person dealing with the firm to be a partner, retires from the firm, is not liable for partnership debts contracted after the date of the death, bankruptcy or retirement, respectively.


document_id: pa-1890
provision_ref: s37
section: 37
title: Right of partners to notify dissolution
content:
37. On the dissolution of a partnership or retirement of a partner, any partner may publicly notify the same, and may require the other partner or partners to concur for that purpose in all necessary or proper acts, if any, which cannot be done without his or their concurrence.


document_id: pa-1890
provision_ref: s38
section: 38
title: Continuing authority of partners for purposes of winding up
content:
38. After the dissolution of a partnership, the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution so far as may be necessary to wind up the affairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise: Provided that the firm is in no case bound by the acts of a partner who has become bankrupt; but this proviso does not affect the liability of any person who has after the bankruptcy represented himself or knowingly suffered himself to be represented as a partner of the bankrupt.


document_id: pa-1890
provision_ref: s39
section: 39
title: Rights of partners as to application of partnership property
content:
39. On the dissolution of a partnership, every partner is entitled, as against the other partners in the firm, and all persons claiming through them in respect of their interests as partners, to have the property of the partnership applied in payment of the debts and liabilities of the firm, and to have the surplus assets after such payment applied in payment of what may be due to the partners, respectively, after deducting what may be due from them as partners to the firm; and for that purpose any partner or his representatives may, on the termination of the partnership, apply to the court to wind up the business and affairs of the firm.


document_id: pa-1890
provision_ref: s40
section: 40
title: Apportionment of premium where partnership prematurely dissolved
content:
40. Where one partner has paid a premium to another on entering into a partnership for a fixed term, and the partnership is dissolved before the expiration of that term otherwise than by the death of a partner, the court may order the repayment of the premium, or of such part thereof as it thinks just, having regard to the terms of the partnership contract and to the length of time during which the partnership has continued, unless — ( a ) the dissolution is, in the judgment of the court, wholly or chiefly due to the misconduct of the partner who paid the premium; or ( b ) the partnership has been dissolved by an agreement containing no provision for a return of any part of the premium.


document_id: pa-1890
provision_ref: s41
section: 41
title: Rights where partnership dissolved for fraud or misrepresentation
content:
41. Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled — ( a ) to a lien on, or right of retention of, the surplus of the partnership assets, after satisfying the partnership liabilities, for any sum of money paid by him for the purchase of a share in the partnership and for any capital contributed by him; ( b ) to stand in the place of the creditors of the firm for any payments made by him in respect of the partnership liabilities; and ( c ) to be indemnified by the person guilty of the fraud or making the representation against all the debts and liabilities of the firm.


document_id: pa-1890
provision_ref: s42
section: 42
title: Right of outgoing partner in certain cases to share profits made after dissolution
content:
42. Where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the firm with its capital or assets without any final settlement of accounts as between the firm and the outgoing partner or his estate, then, in the absence of any agreement to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since the dissolution as the court may find to be attributable to the use of his share of the partnership assets, or to interest at the rate of 5% per annum on the amount of his share of the partnership assets: Provided that where by the partnership contract an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner, or the outgoing partner or his estate, as the case may be, is not entitled to any further or other share of profits; but if any partner assuming to act in exercise of the option does not in all material respects comply with the terms thereof, he is liable to account under this section.


document_id: pa-1890
provision_ref: s43
section: 43
title: Retiring or deceased partner’s share to be debt
content:
43. Subject to any agreement between the partners, the amount due from surviving or continuing partners to an outgoing partner or the representatives of a deceased partner in respect of the outgoing or deceased partner’s share is a debt accruing at the date of the dissolution or death.


document_id: pa-1890
provision_ref: s44
section: 44
title: Rule for distribution of assets on final settlement of accounts
content:
44. In settling accounts between the partners after a dissolution of partnership, the following rules shall, subject to any agreement, be observed: ( a ) losses, including losses and deficiencies of capital, shall be paid first out of profits, next out of capital, and lastly, if necessary, by the partners individually in the proportion in which they were entitled to share profits; ( b ) the assets of the firm, including the sums, if any, contributed by the partners to make up losses or deficiencies of capital, shall be applied in the following manner and order: (i) in paying the debts and liabilities of the firm to persons who are not partners therein; (ii) in paying to each partner rateably what is due from the firm to him for advances as distinguished from capital; (iii) in paying to each partner rateably what is due from the firm to him in respect of capital; (iv) the ultimate residue, if any, shall be divided among the partners in the proportion in which profits are divisible.


document_id: pa-1890
provision_ref: s45
section: 45
title: Interpretation
content:
45. In this Act, unless the context otherwise requires — “business” includes every trade, occupation or profession; “court” includes every court and judge having jurisdiction in the case.


document_id: pa-1890
provision_ref: s46
section: 46
title: Saving for rules of equity and common law
content:
46. The rules of equity and of common law applicable to partnership shall continue in force except so far as they are inconsistent with the express provisions of this Act.


document_id: pa-1933
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “basic condition”, in relation to a remission order, means the basic condition specified in section 50S; “Cluster Commander” means a Cluster Commander of Prisons appointed under section 20; “Commissioner” means the Commissioner of Prisons appointed under section 20; “controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1973; [Act 6 of 2022 wef 02/09/2022] “Corporation” means the Singapore Corporation of Rehabilitative Enterprises established under the Singapore Corporation of Rehabilitative Enterprises Act 1975; “default sentence” means a sentence of a term of imprisonment imposed on a person in default of the person paying a fine ordered to be paid by a court; “Deputy Commissioner” means a Deputy Commissioner of Prisons appointed under section 20; [Act 6 of 2022 wef 02/09/2022] “Divisional Director” means a Divisional Director of Prisons appointed under section 20; “employment preparation”, in relation to a prisoner, means the serving by the prisoner of the prisoner’s sentence of imprisonment in the place or places, outside the limits of any prison, specified in the employment preparation order for the purposes of enhancing a prisoner’s employability and facilitating the prisoner’s reintegration into society; [Act 6 of 2022 wef 02/09/2022] “employment preparation order” means an order of the Commissioner under section 59K; [Act 6 of 2022 wef 02/09/2022] “external placement”, in relation to a prisoner, means the serving by the prisoner of the prisoner’s sentence of imprisonment in the place or places, outside the limits of any prison, specified in the external placement order; [Act 6 of 2022 wef 02/09/2022] “external placement order” means an order of the Commissioner under section 59B; [Act 6 of 2022 wef 02/09/2022] “home detention”, in relation to a prisoner, means the serving by the prisoner of the prisoner’s sentence of imprisonment in the place or places, outside the limits of any prison, specified in the home detention order for the purpose of facilitating a prisoner’s rehabilitation and reintegration into society; [Act 6 of 2022 wef 02/09/2022] “home detention order” means an order of the Commissioner under section 52; [Act 6 of 2022 wef 02/09/2022] “infectious disease” means any of the diseases specified in the First Schedule to the Infectious Diseases Act 1976 and includes any other disease — ( a ) that is caused or is suspected to be caused by a micro‑organism or any agent of disease; ( b ) that is capable or is suspected to be capable of transmission by any means to human beings; and ( c ) that a medical officer has reason to believe, if left uninvestigated or unchecked, is likely to result in an epidemic of the disease; [Act 6 of 2022 wef 02/09/2022] “intoxicating substance” has the meaning given by section 2 of the Intoxicating Substances Act 1987; [Act 6 of 2022 wef 02/09/2022] “juvenile” means any person under the age of 18 years, whether convicted or not, under detention in any prison; [Act 6 of 2022 wef 30/12/2025] “lock-up prisoner” means any person, whether convicted or not, who is confined in a lock‑up, or who is transported to, or from, a lock‑up; “medical officer” means a medical officer appointed under section 25; “prison” means any house, building, enclosure or place, or any part thereof, declared to be a prison or reformative training centre under section 3, and includes the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners; “prison officer” means any prison officer appointed under section 20 and includes the Commissioner, any Deputy Commissioner and any Superintendent; [Act 6 of 2022 wef 02/09/2022] “prisoner” means any person, whether convicted or not, under detention in any prison or reformative training centre or subject to an external placement order, an employment preparation order or a home detention order, but does not include a person released and at large under a remission order; [Act 6 of 2022 wef 02/09/2022] “psychoactive substance” has the meaning given by section 2 of the Misuse of Drugs Act 1973; [Act 12 of 2023 wef 01/06/2024] “registered medical practitioner” means a person registered under the Medical Registration Act 1997; “remission order” means a remission order made under any provision in Part 5B; “Superintendent” means a Superintendent of Prisons appointed under section 20; “unlawfully at large”, in relation to a person released under a remission order, means a person who fails to submit himself or herself to custody or detention after being required to do so under any written law, or who escapes from such custody or detention; “Visiting Justice” means a member of the Board of Visiting Justices appointed under section 79. [33/2004; 15/2010; 1/2014]


document_id: pa-1933
provision_ref: s3
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION
section: 3
title: Power to declare prisons
content:
3. The Minister may, by notification in the Gazette — ( a ) declare any house, building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act for the imprisonment or detention of persons lawfully in custody; ( b ) define which prisons may be used for the custody of particular classes of prisoners; ( c ) declare that any prison ceases to be a prison; and on the publication in the Gazette of the declaration, or from and after any later date specified in the declaration, that prison ceases to be a prison; and ( d ) declare any prison, house, building, enclosure or place, or any part thereof, to be a reformative training centre for the detention of persons sentenced to reformative training.


document_id: pa-1933
provision_ref: s4
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION
section: 4
title: Appointment of lock-ups at police stations and court houses as places of detention
content:
4. —(1) The Minister may, by notification in the Gazette , appoint the lock‑ups at any police stations and court houses to be places for the confinement of persons awaiting trial, remanded, or sentenced to any term of imprisonment, not exceeding one month, that may be specified in each case. (2) A lock-up appointed as a place of confinement under subsection (1) is not to be deemed to be a prison for the purposes of this Act or of the Registration of Criminals Act 1949 and regulations made under section 84 do not apply thereto, but every such lock‑up is deemed to be a prison for the purposes of sections 313 to 332 of the Criminal Procedure Code 2010. [15/2010] (3) The Minister may make regulations with regard to lock‑ups appointed under subsection (1) to provide for all or any of the following matters: ( a ) the inspection and management of the lock‑ups and the officers to be in charge thereof; ( b ) the employment of persons confined in such lock‑ups; ( c ) the diets to be supplied to such persons; ( d ) the maintenance of discipline.


document_id: pa-1933
provision_ref: s5
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION
section: 5
title: Temporary prisons
content:
5. —(1) Whenever it appears to the Commissioner — ( a ) that the number of prisoners in any prison is greater than can be conveniently kept in the prison, and that it is not convenient to transfer the excess number to some other prison; or ( b ) that, by reason of the outbreak of disease within any prison or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners, such provision must be made as the Commissioner may, with the approval of the Minister, direct for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison. [1/2014] (2) Every temporary prison is a prison for the purposes of this Act.


document_id: pa-1933
provision_ref: s6
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION
section: 6
title: General administration of prisons by Commissioner
content:
6. —(1) Subject to the orders of the Minister, the general charge and administration of prisons and the control and direction of prison officers throughout Singapore is vested in the Commissioner. [1/2014] (2) The Commissioner may make such transfers, and direct the employment and distribution, of prison officers as the Commissioner may think fit. [1/2014]


document_id: pa-1933
provision_ref: s7
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION
section: 7
title: Administration of prison by Superintendent
content:
7. —(1) Subject to the orders of the Commissioner, the administration of each prison is vested in a Superintendent. [1/2014] (2) If the Superintendent of a prison is temporarily absent or temporarily incapacitated, the powers and duties of the Superintendent under this Act or any regulations made under this Act may, during the period of absence or incapacity, be exercised and performed by any prison officer appointed by the Commissioner. [1/2014]


document_id: pa-1933
provision_ref: s8
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 8
title: Committee of inquiry
content:
8. —(1) Where it is expedient that the Minister, or any other person that the Minister may appoint to exercise the powers conferred upon the Minister by this Part, should be informed on any matter connected with the discipline, administration or functions of any prison or affecting any prisoner, the Minister or the person appointed by the Minister may convene a committee of inquiry. (2) A committee of inquiry must inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter. (3) In this Part, “Minister” includes the person appointed by the Minister under subsection (1) to act on the Minister’s behalf for the purposes of this Part.


document_id: pa-1933
provision_ref: s9
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 9
title: Composition of committee of inquiry
content:
9. —(1) A committee of inquiry consists of one or more persons who must be appointed by the Minister. (2) Where a committee of inquiry consists of more than one person, the Minister must appoint one of the members to be the chairperson. (3) Where a committee of inquiry consists of one member only, the member is vested with the powers of a chairperson. (4) Every member of a committee of inquiry appointed under this section is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: pa-1933
provision_ref: s10
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 10
title: Powers of committee of inquiry
content:
10. A committee of inquiry may — ( a ) summon any person to give evidence on oath or on affirmation, or to produce any document or material, necessary for the purpose of the inquiry; and ( b ) visit any place in order to inquire into any matter which may arise in the course of the inquiry.


document_id: pa-1933
provision_ref: s11
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 11
title: Disobedience to summons an offence
content:
11. —(1) A person who is summoned to give evidence before a committee of inquiry must not, without lawful excuse, fail to appear in obedience to the summons. (2) A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry must not, without lawful excuse, fail to produce the document or material. (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 6 months or to both.


document_id: pa-1933
provision_ref: s12
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 12
title: Refusal to give evidence an offence
content:
12. —(1) A person who appears before a committee of inquiry must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, 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 6 months or to both.


document_id: pa-1933
provision_ref: s13
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 13
title: Giving of false evidence an offence
content:
13. Every person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry 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 7 years or to both.


document_id: pa-1933
provision_ref: s14
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 14
title: Evidence and procedure
content:
14. Except as otherwise provided in this Act or any regulations made under this Act, a committee of inquiry is not bound by the rules of evidence and may act in such manner as the committee of inquiry thinks most expedient.


document_id: pa-1933
provision_ref: s15
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 15
title: Admissibility of evidence
content:
15. No statement made in the course of any inquiry and no report of a committee of inquiry is admissible as evidence in any proceedings other than proceedings, whether criminal or disciplinary, for an offence of giving or fabricating false evidence under any written law.


document_id: pa-1933
provision_ref: s16
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 16
title: Proceedings not open to public
content:
16. —(1) A committee of inquiry must not sit in public. (2) A person is not allowed to attend the proceedings of a committee of inquiry, or address a committee of inquiry, except with the permission of the chairperson or if the Minister so directs.


document_id: pa-1933
provision_ref: s17
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 17
title: Persons who may be affected by findings
content:
17. —(1) Where it appears to a committee of inquiry that any prison officer or witness may be adversely affected by its findings, the committee is to notify him or her and give him or her an opportunity to be present at the proceedings of the committee of inquiry or at such part thereof as the chairperson may specify. [33/2004] (2) The person notified under subsection (1) is allowed to give evidence and examine any witness.


document_id: pa-1933
provision_ref: s18
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 18
title: Record of proceedings
content:
18. —(1) The chairperson is to record or cause to be recorded in writing the proceedings of the committee of inquiry. (2) The evidence of each witness before a committee of inquiry must be read over to him or her and be signed by him or her. (3) A record of the proceedings of a committee of inquiry is to be signed by the chairperson and the members of the committee (if any) and forwarded to the Minister. (4) The record of proceedings of a committee of inquiry, or any part thereof, or any information relating thereto must be kept confidential and must not be released to any person, other than a member of the committee, without the written permission of the Minister.


document_id: pa-1933
provision_ref: s19
chapter: PART 3 - COMMITTEE OF INQUIRY
section: 19
title: Offence to influence or attempt to influence committee of inquiry
content:
19. Every person who, otherwise than in the course of duty, directly or indirectly by himself or herself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry 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 6 months or to both.


document_id: pa-1933
provision_ref: s20
chapter: PART 4 - OFFICERS
section: 20
title: Appointment of Commissioner and other officers
content:
20. —(1) The Minister may appoint a Commissioner of Prisons, one or more Deputy Commissioners of Prisons, Divisional Directors, Cluster Commanders or Superintendents of Prisons, and such number of prison officers, as may be necessary for the proper administration of this Act. [1/2014] [Act 6 of 2022 wef 02/09/2022] (2) The appointment of the Commissioner and of every Deputy Commissioner, Divisional Director, Cluster Commander and Superintendent must be notified in the Gazette . [1/2014] [Act 6 of 2022 wef 02/09/2022] (3) Every Deputy Commissioner, Divisional Director and Cluster Commander may, subject to any direction that may be given by the Commissioner, exercise and perform all or any of the powers, duties and functions of the Commissioner under any provision of this Act or any other written law; and any reference in the provisions of this Act or any written law to the Commissioner includes a reference to a Deputy Commissioner, a Divisional Director or a Cluster Commander. [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s21
chapter: PART 4 - OFFICERS
section: 21
title: Prison Standing Orders
content:
21. The Commissioner may issue orders, to be called Prison Standing Orders, not inconsistent with the provisions of this Act or of any regulations made under this Act. [1/2014]


document_id: pa-1933
provision_ref: s22
chapter: PART 4 - OFFICERS
section: 22
title: Inspection by Commissioner
content:
22. The Commissioner must periodically visit and inspect, or cause to be visited and inspected, all prisons in Singapore. [1/2014]


document_id: pa-1933
provision_ref: s23
chapter: PART 4 - OFFICERS
section: 23
title: Commissioner, etc., may exercise powers of Superintendent
content:
23. —(1) The Commissioner may exercise and perform all or any of the powers, duties and functions of the Superintendent under this Act. [1/2014] (2) In addition, any Deputy Commissioner, Divisional Director or Cluster Commander may, subject to any direction that may be given by the Commissioner, exercise and perform all or any of the powers, duties and functions of the Superintendent under this Act. [1/2014] [Act 6 of 2022 wef 02/09/2022]


document_id: pa-1933
provision_ref: s24
chapter: PART 4 - OFFICERS
section: 24
title: Duties of Superintendent
content:
24. Subject to the orders of the Commissioner, a Superintendent must — ( a ) supervise and control all matters in connection with any prison the administration of which is vested in the Superintendent; and ( b ) be responsible to the Commissioner for the conduct and treatment of the prison officers and prisoners under the Superintendent’s control, and for the due observance by prison officers and prisoners of the provisions of this Act and of all other written law relating to prisons or prisoners. [1/2014]


document_id: pa-1933
provision_ref: s25
chapter: PART 4 - OFFICERS
section: 25
title: Medical officers for prisons
content:
25. The Commissioner must appoint one or more registered medical practitioners as may be necessary to be medical officers for the prisons. [33/2004; 1/2014]


document_id: pa-1933
provision_ref: s26
chapter: PART 4 - OFFICERS
section: 26
title: Duties of medical officer
content:
26. Subject to the control of the Commissioner, the medical officer must perform such duties as may be prescribed. [1/2014]


document_id: pa-1933
provision_ref: s28
chapter: PART 4 - OFFICERS
section: 28
title: Accoutrements
content:
28. Every prison officer must be provided with any staves, arms, ammunition and other accoutrements that may be prescribed. [33/2004]


document_id: pa-1933
provision_ref: s29
chapter: PART 4 - OFFICERS
section: 29
title: Observance of laws, regulations and orders
content:
29. Every prison officer must — ( a ) strictly conform to all laws and regulations relating to prisons, lock‑ups, prisoners and lock‑up prisoners; and ( b ) obey all lawful orders of his or her superior officers, whether given verbally or in writing, or issued in the form of prison or lock‑up regulations or standing orders. [33/2004; 15/2010]


document_id: pa-1933
provision_ref: s30
chapter: PART 4 - OFFICERS
section: 30
title: Prison officers and medical officers deemed public servants
content:
30. All prison officers and medical officers appointed under this Act or any regulations made under this Act are deemed to be public servants within the meaning of the Penal Code 1871. [33/2004]


document_id: pa-1933
provision_ref: s31
chapter: PART 4 - OFFICERS
section: 31
title: Use of weapons
content:
31. —(1) Subject to this section, a prison officer may use any weapon — ( a ) against any prisoner or lock-up prisoner escaping or attempting to escape; ( b ) against any person who does any act or attempts to do any act to facilitate the escape of any prisoner or lock‑up prisoner; or ( c ) against any person engaged in any attempt to damage or force or break open — (i) the outside door or gate or enclosure wall of a prison or lock‑up or any other part of a prison or lock‑up; or (ii) any part of any vehicle in which a prisoner or lock‑up prisoner is conveyed. [33/2004; 15/2010] (2) A prison officer may use any weapon — ( a ) on any prisoner or lock-up prisoner engaged in any combined outbreak; and ( b ) on any person engaged in any attempt to damage or force or break open — (i) the outside door or gate or enclosure wall of a prison or lock‑up or any other part of a prison or lock‑up; or (ii) any part of any vehicle in which a prisoner or lock‑up prisoner is conveyed, and may continue to use the weapon so long as the combined outbreak or attempt is actually being prosecuted. [33/2004; 15/2010] (3) Every prison officer may use weapons against any prisoner or lock‑up prisoner using violence on any prison officer or other person, if the prison officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to the prison officer or other person. [33/2004; 15/2010] (4) A prison officer must not resort to the use of any weapon under subsection (1) unless the prison officer has reasonable ground to believe that he or she cannot otherwise prevent the escape of any prisoner or lock-up prisoner. [33/2004; 15/2010] (5) Before using any firearm against a prisoner or lock‑up prisoner or other person mentioned in subsection (1), the prison officer must give a warning to the prisoner or lock‑up prisoner or that other person (as the case may be) that the prison officer is about to fire on him or her. [33/2004; 15/2010] (6) A prison officer must not, in the presence of his or her superior officer, use any firearm against a prisoner or lock‑up prisoner or other person in the circumstances described in subsection (1) or (2) except under the orders of that superior officer. [15/2010] (7) The use of weapons under this section must be, as far as possible, to disable and not to kill. (8) Every police officer who is for the time being serving in the capacity of an escort, or of a guard in or around any prison or lock‑up, for the purpose of ensuring the safe custody of any one or more prisoners or lock-up prisoners, is deemed to have all the powers and privileges granted to prison officers under this section. [15/2010]


