Public Order and Safety (Special Powers) Act 2018

Public Order and Safety (Special Powers) Act 2018 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to extend police powers to better prevent and respond to any incident or likely incident involving serious violence or large‑scale public disorder in Singapore. [16 May 2018] PART 1 PRELIMINARY Short title 1. This Act is the Public Order and Safety (Special Powers) Act 2018. General interpretation 2.—(1) In this Act, unless the context otherwise requires — “activation order” means an order under section 8(1); “autonomous system”, for a motor vehicle or vessel, means a system that enables the operation of the motor vehicle or vessel without the active physical control of, or monitoring by, a human operator; “autonomous vehicle” means a motor vehicle equipped wholly or substantially with an autonomous system (also commonly known as a driverless vehicle), and includes a trailer drawn by such a motor vehicle; “civilian assistant” means an individual who is not a serviceman, law enforcement officer or police officer, and who acts on the direction and in aid of a police officer granted a special authorisation; “Commissioner” means a public officer who is appointed under section 6(1) of the Police Force Act 2004 as the Commissioner of Police, and includes a police officer who is for the time being appointed under that provision to execute the duties of that office; “communicate”, for a film, text message, sound recording or picture, means to transmit by any means (whether over a path provided by a material substance or by wireless means or otherwise) the film, text message, sound recording or picture, whether or not it is sent in response to a request, and includes re‑communicate; “communications stop order” means an order made under section 30(1) because of a special authorisation; “cordon”, in relation to any area, includes — (a) a physical barrier; or (b) a roadblock on any road in, or in the vicinity of, the area; “cordoned area” means an area on which a cordon is placed by or under a special authorisation; “dangerous article” includes — (a) an article which has a blade or is sharply pointed but is not an offensive weapon; (b) an explosive or explosive precursor within the meaning of the Guns, Explosives and Weapons Control Act 2021; [Act 3 of 2021 wef 01/07/2025] (c) a corrosive substance within the meaning of the Corrosive and Explosive Substances and Offensive Weapons Act 1958; (d) a dangerous, hazardous, radioactive or harmful substance or toxic chemical; (e) a microbial or other biological agent, or toxin (with or without its container); or (f) an article or a vehicle used or about to be used in a serious incident to cause or threaten injury to, or otherwise intimidate, any person; “emergency service agency” means — (a) the Singapore Civil Defence Force; (b) a public authority empowered by or under a public Act to perform or discharge search and rescue, firefighting or environmental hazard control services, and which is prescribed to be an emergency service agency; or (c) any person supplying services under a contract with an emergency service agency in paragraph (a) or (b) in aid of or contributing to the performance of the functions or duties of that agency; “exhibit” means — (a) for a film, text message or picture — to display, screen or project the contents contained in the film, text message or picture in order that another individual may see it; or (b) for a sound recording (which is not the soundtrack of a film) — to play the contents contained in the sound recording in order that another individual may hear it; “film” means — (a) a cinematograph film; (b) a video recording, or a slide, disc, tape or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture; or (c) any other form of recording from which a moving visual image, including a computer generated image, can be produced and viewed (together with its soundtrack), and includes any part of a film, and any copy or part of a copy of the whole or any part of a film; “information” includes data, text, maps, images, sound, codes, computer programs, software and databases; “law enforcement activity” means — (a) the exercise by any police officer or law enforcement officer of — (i) any function of maintaining law and order, preserving public peace or preventing and detecting crimes and offences; or (ii) any power of investigation, search, seizure or arrest under any written law; (b) the exercise of a special power by any police officer, or by any law enforcement officer or civilian assistant when acting on the direction and in aid of a police officer given a special authorisation; (c) any activity carried out by an individual mentioned in paragraph (a) or (b) in preparation for or directly in support of any activity mentioned in paragraph (a) or (b); or (d) the exercise of any power under section 201C(9) of the Singapore Armed Forces Act 1972 by a serviceman, or the carrying out by a serviceman of any activity in preparation for or directly in support of the exercise of that power; “law enforcement officer” means — (a) an immigration officer appointed under section 3 of the Immigration Act 1959; (b) a public officer appointed to the Narcotics Service; (c) a public officer appointed to the Prisons Service; (d) a public officer appointed to the Civil Defence Service (but not an auxiliary member of the Civil Defence Force); or (e) a public officer (other than a serviceman) who is in a prescribed class of public officers; “offensive weapon” means — (a) any firearm, air gun, air pistol, stun gun, electronic dart gun, automatic gun, automatic pistol or any other kind of gun from which any shot, bullet or other missile can be discharged or noxious fumes or noxious substance can be emitted, and any component part of any such arms; (b) a bayonet, sword, dagger, spear or spearhead; (c) a bomb or grenade, any apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance, or a part of such bomb, grenade, apparatus, machine or implement; or (d) an article or a vehicle which, if used as a weapon, is likely to cause hurt within the meaning of the Penal Code 1871; “personal property”, in relation to an individual, means things carried by the individual or things apparently in the immediate possession or control of the individual, but does not include clothing being worn by the individual; “photograph” means a product of photography or of a process similar to photography, other than an article or thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, photocopy, and record of an image, whether digitally or in another way; “picture” includes — (a) a drawing, whether made by computer graphics or otherwise; or (b) a photograph, photographic negative, photographic plate or photographic slide; “police officer” includes — (a) a member of the Special Constabulary established under the Police Force Act 2004; and (b) an auxiliary police officer appointed as such under Part 9 of the Police Force Act 2004; “premises” includes a building or structure or place, whether built on or not and whether situated underground or underwater, and includes, in particular, any vehicle, vessel or aircraft; “public” includes a section of the public; “public authority” means — (a) any ministry, department or Organ of State of the Government; or (b) any body established by or under any public Act to perform a public function; “public road” means a road within the meaning given by section 2(1) of the Road Traffic Act 1961, and includes any path over which a member of the public has a right of way; “relevant film or picture”, in relation to a communications stop order made because of a special authorisation, means a film or picture which — (a) is made when a special authorisation is in effect; and (b) is wholly, partly or incidentally about, or wholly, partly or incidentally relates to, the target area of the special authorisation; “relevant text or audio message”, in relation to a communications stop order made because of a special authorisation, means a text or audio message which — (a) is made when a special authorisation is in effect; and (b) is wholly, partly or incidentally about, or wholly, partly or incidentally relates to, law enforcement activities in the target area of the special authorisation; “serviceman” means a serviceman within the meaning given by section 2(1) of the Singapore Armed Forces Act 1972, who is authorised under section 201E of that Act to exercise powers under section 201C(9) of that Act in connection with an activation order; “special authorisation” means an authorisation that is granted under section 11 and in effect; “special power” means any power conferred under Part 4 or section 31, 35(4) or (5) or 48; “subversive document” means any document which contains any matter — (a) that has a tendency to excite persons in Singapore to attempt to procure in Singapore, the alteration (otherwise than by lawful means) of any matter established by law; [Act 30 of 2021 wef 02/11/2022] (aa) that has a tendency to bring into hatred or contempt or to excite disaffection against the administration of justice in Singapore; [Act 30 of 2021 wef 02/11/2022] (b) likely to be prejudicial to controlling public disorder or maintaining or restoring public order in Singapore; (c) counselling or likely to lead to disobedience to the law of Singapore or to any lawful order therein; (d) inciting or likely to cause unlawful violence or to promote feelings of ill will or hostility between different races or classes of the population in Singapore; or (e) likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of the public servant’s duty or against any class of public servants, or against any armed force lawfully in Singapore or any member of such force in the execution of the member’s duty, and “document” in this definition includes any thing in which information of any description is recorded, whether in electronic or other form; “target area” has the meaning given by section 5(1)(c); “target person” has the meaning given by section 5(1)(a) and (2); “target vehicle” has the meaning given by section 5(1)(b) and (3); “temporary restraining order” means a temporary restraining order made under section 29, and includes any such order as varied and modified from time to time under sections 29 and 49, respectively; “unmanned aircraft” and “unmanned aircraft system” have the respective meanings given by section 2(1) of the Air Navigation Act 1966; “unmanned vessel” means a vessel equipped wholly or substantially with an autonomous system (such as an unmanned surface vehicle and a saildrone) and includes a barge drawn by an unmanned vessel; “vehicle” means any means of transport used on land, whether self‑propelled or not, such as a train, motor car, bicycle or personal mobility device; “vessel” includes a floating facility. (2) To avoid doubt, a reference in this Act to a police officer includes a reference to an intelligence officer within the meaning of section 65(1)(a) of the Police Force Act 2004. (3) In this Act, “controlling public disorder” includes containing or reducing the public disorder or bringing the public disorder to an end. (4) If this Act requires a police officer to reasonably believe something before exercising a power, it is sufficient if the Commissioner or a more highly ranked police officer than that police officer reasonably believes it and directs that police officer to exercise the power. (5) A document is not considered as having the tendency mentioned in paragraph (a) or (aa) of the definition of “subversive document” in subsection (1) by reason only that it has a tendency — (a) to show that the Government has been misled or mistaken in any of its measures; (b) to point out errors or defects in the Government, in any written law or in the administration of justice with a view to the remedying of such error or defect; (c) to persuade citizens of Singapore or residents in Singapore to attempt to procure by lawful means the alteration of any matter in Singapore; or (d) to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of Singapore, if the document does not otherwise have the tendency mentioned in paragraph (a) or (aa) of that definition. [Act 30 of 2021 wef 02/11/2022] Meaning of “serious incident” 3. In this Act, unless the context otherwise requires, “serious incident” means — (a) the carrying out of an act constituting — (i) a terrorist act within the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act 2002 affecting persons or property situated in Singapore; (ii) a terrorist bombing offence within the meaning given by section 2 of the Terrorism (Suppression of Bombings) Act 2007 committed in Singapore; (iii) a nuclear terrorism offence within the meaning given by section 2 of the Terrorism (Suppression of Misuse of Radioactive Material) Act 2017 committed in Singapore; (iv) an abetment of or a conspiracy to commit an act or offence specified in sub‑paragraph (i), (ii) or (iii); or (v) an attempt to commit an act or offence specified in sub‑paragraph (i), (ii) or (iii); (b) the carrying out of an act of serious violence affecting the public; or (c) the carrying out of an act causing large‑scale public disorder. Illustrations (a) An explosion of a bomb in a shopping area during business hours. The bomber is evading authorities in Singapore, and a manhunt is mounted to capture the bomber. (b) The threat of an unlawful taking control of a rapid transit system by a forcible intrusion on board a train or at a train station or depot that puts the safety of the train, or any passengers or crew on board or outside the train, at risk. (c) Multiple coordinated attacks by gunmen shooting at a concert hall or cinema during a performance attended by a large audience and at other crowded locations. (d) A sit‑down demonstration for a cause attracts a large group of sympathisers who voluntarily join the sit‑in. For over a week, the group grows and the demonstrators start to occupy the publicly accessible paths and other open spaces in the central business district. Their presence starts to impede the flow of vehicular and pedestrian traffic and interfere with normal trade or business activities in the area. (e) A group protesting in the street grows in size. The protestors start to destroy nearby vehicles and throw projectiles. Meaning of “act of serious violence” 4.—(1) In this Act, unless the context otherwise requires, “act of serious violence” means an act that — (a) involves serious violence to an individual; (b) causes serious damage to property; (c) causes death; (d) endangers an individual’s life, including the life of the individual taking action; (e) causes a serious risk to the health or safety of the public; or (f) involves releasing into the environment or any part of the environment, or distributing or otherwise exposing the public to — (i) any toxic chemical; (ii) any dangerous, hazardous, radioactive or harmful substance; or (iii) any microbial or other biological agent, or toxin. (2) A reference in this section to an individual or a property is a reference to an individual or a property situated within Singapore. Meaning of target of special authorisation 5.—(1) In this Act, unless the context otherwise requires — (a) the target person of a special authorisation is the particular individual or person in relation to whom the special authorisation authorises the exercise of special powers under this Act; (b) the target vehicle of a special authorisation is the particular vehicle or particular kind of vehicle in relation to which the special authorisation authorises the exercise of special powers under this Act; and (c) the target area of a special authorisation is the particular area in relation to which the special authorisation authorises the exercise of special powers under this Act. (2) A reference in this Act to an individual in a target area of a special authorisation includes an individual who is about to enter the target area or who has recently left the target area. (3) A reference in this Act to a vehicle in a target area of a special authorisation includes a vehicle that is about to enter the target area or that has recently left the target area. (4) A description of an individual who, or an area or vehicle which, is the target person or target area or target vehicle of a special authorisation includes a description — (a) by way of a picture of the individual; (b) by way of a picture or map of the area; or (c) by way of a picture of the vehicle, as the case may be. Purposes of Act 6. The purposes of this Act are — (a) to provide additional powers to the police; and (b) to impose new obligations on other persons, relating to the prevention of, and the response to, serious incidents occurring or likely to occur in Singapore. Application of Act 7. To avoid doubt, the functions, powers or duties conferred by this Act in relation to a serious incident may be exercised or performed only if the act of serious violence or act causing large‑scale public disorder has been, or is being, or is likely to be, committed in Singapore.