Police Force Act 2004

Police Force Act 2004

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 relating to the Singapore Police Force and to provide for its organisation and discipline and other related matters.

[12 October 2004]

PART 1

PRELIMINARY

Short title

1.  This Act is the Police Force Act 2004.

Interpretation

2.—(1)  In this Act, unless the context otherwise requires —

“accoutrement” includes surveillance equipment capable of being worn on the body for the purpose of recording a view of, or recording a conversation between, the wearer and another individual;

“arms” includes firearm;

“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;

“Auxiliary Police Force” means any force created under Part 9;

“Auxiliary Police Forces Regulations” means regulations made under section 104;

“auxiliary police officer” means a person appointed as such under Part 9;

[Deleted by Act 43 of 2024 wef 24/03/2025]

“commanding officer” means any police officer not below the rank of Deputy Assistant Commissioner of Police, the Commander, Training Command or any police officer lawfully acting in any of these appointments;

“Commissioner” means the Commissioner of Police appointed under section 6(1);

“committee of inquiry” means a committee of inquiry established under Part 4;

“constable” means a police officer below the rank of corporal;

[Act 21 of 2021 wef 01/01/2022]

“Deputy Commissioner”, in relation to any provision in this Act or its subsidiary legislation, or in the Police General Orders, Force Orders or Standing Orders, means the Deputy Commissioner of Police designated by the Commissioner for the purposes of that provision;

“detention barrack” means any building or part thereof set aside by the Commissioner for the purpose of persons serving any sentence of detention under this Act;

“disciplinary offence” means a service offence specified in the Schedule;

“disciplinary officer” means —

(a) in relation to a police officer, a commanding officer or any other officer authorised by a commanding officer to conduct disciplinary proceedings under Part 3 in relation to disciplinary offences committed by police officers below the rank of inspector; and

(b) in relation to a special police officer, the relevant disciplinary officer specified in section 81(1) or 82(1), as the case may be;

“emoluments” includes gross salary, the annual variable component, allowances (whether monthly, annual or otherwise), bonuses and other benefits but not performance bonuses;

“forensic specialist” means an individual who is appointed under section 65A as a forensic specialist;

“inspector” means an inspector of police of whatever grade from and including a chief inspector down to and including a probationary inspector;

“law enforcement” means —

(a) activities carried on by any police officer or law enforcement officer in the exercise of any function, power or duty of such an officer in accordance with law with respect to the commission of offences; or

(b) activities carried on by any police officer or law enforcement officer for the purpose of dealing with terrorism, civil unrest or public disorder;

“law enforcement agency” means —

(a) the Central Narcotics Bureau;

(b) the Internal Security Department; or

(c) any similar department or office of the Government prescribed by the Minister by notification in the Gazette;

“law enforcement officer” means —

(a) a narcotics officer appointed to the Narcotics Service;

(b) an intelligence officer; or

(c) a public officer holding a post, or seconded to serve, in a law enforcement agency;

“lost property” means any movable property or cash that has been lost and whose owner is unknown at the time at which it is found;

“national serviceman” means a person who has been directed to present himself for enlistment in the Police Force under the provisions of any written law for the time being in force relating to national service or enlistment;

“non-police personnel performing duties in the Police Force” means a public officer or any other individual, either of whom is not a police officer but is performing duties in the Police Force under —

(a) a posting; or

(b) a secondment arrangement making available temporarily to the Police Force the services of such public officer or individual;

[Act 21 of 2021 wef 01/01/2022]

“owner”, in relation to property or cash, means the person who is entitled to possession of the property or cash;

“Police Force” means the Singapore Police Force established under the repealed Act and continued by this Act;

“police officer” means any member of the Police Force and includes a temporary constable;

“Police Regulations” means regulations made under section 117;

“Public Service Commission” means the Public Service Commission established under the Constitution;

“repealed Act” means the Police Force Act (Cap. 235, 1985 Revised Edition) repealed by this Act;

“security activity” includes any one or more of the following activities:

(a) using or bearing arms while acting as a bodyguard or crowd controller;

(b) using or bearing arms while patrolling, protecting, watching or guarding any property (including cash in transit);

(c) such activity, or class of activities, that requires the use or bearing of arms and is connected with security or the protection of persons or property as is prescribed in the Auxiliary Police Forces Regulations;

(d) the detention or arrest of individuals that police officers or law enforcement officers are authorised under written law to apprehend;

(e) employing or providing persons to carry on any activity referred to in paragraph (a), (b) or (c);

“senior police officer” means a police officer of all ranks from and including the Commissioner down to and including an inspector;

“service offence” means —

(a) in relation to a police officer, an offence punishable under Part 3; and

(b) in relation to a special police officer, an offence punishable under Part 8;

“share” includes stock except where a distinction between stock and share is expressed or implied;

“Special Constabulary Regulations” means regulations made under section 85;

“special police officer” means a member of the Special Constabulary constituted under Part 8;

“substantial shareholder” has the meaning given by the Auxiliary Police Forces Regulations;

“unclaimed property” means any lost property that has been in the custody of the Police Force for the period specified in section 108(2) and in relation to which —

(a) there is no person who appears, to the satisfaction of the Commissioner, to be the owner of the lost property;

(b) there is such a person but that person has not been located after reasonable inquiry; or

(c) there is such a person but that person has not exercised his or her right to recover the lost property;

“volunteer ex‑NSman” means a special police officer enrolled under section 68 as a volunteer ex‑NSman;

“voting share” has the meaning given by section 4(1) of the Companies Act 1967.

[10/2015]

(2)  In this Act and any regulations made thereunder, unless the context otherwise requires, any reference to any rank of police officer or special police officer includes a reference to a police officer or special police officer appointed to that rank on a probationary basis.

PART 2

CONSTITUTION AND ADMINISTRATION OF POLICE FORCE

Constitution of Police Force

3.—(1)  As from 12 October 2004, the Singapore Police Force established and maintained under the repealed Act continues and is deemed to be established and maintained under this Act.

(2)  The Police Force consists of such number of —

(a) senior police officers; and

(b) other police officers below the rank of inspector,

as are approved by the Minister.

(3)  The Police Force is also called the Polis Repablik Singapura.

Functions and duties of Police Force

4.—(1)  Subject to this Act, the Police Force has the following functions throughout Singapore:

(a) to maintain law and order;

(b) to preserve public peace;

(c) to prevent and detect crimes;

(d) to apprehend offenders;

(e) to exercise any other function conferred on it by or under this Act or any other written law.

(2)  The duties of the Police Force are to take lawful measures for —

(a) preserving the public peace;

(b) preventing and detecting crimes and offences;

(c) apprehending all persons whom police officers are legally authorised to apprehend;

(d) regulating processions and assemblies in public roads, public places or places of public resort;

(e) regulating the traffic upon public thoroughfares, and removing obstructions therefrom;

(f) preserving order in public places and places of public resort, at public meetings and in assemblies for public amusements, for which purpose any police officer on duty must have free admission to all such places and meetings and assemblies while open to any member of the public;

(g) assisting in carrying out the revenue, excise, sanitary, conservancy, quarantine and immigration laws;

(h) assisting in preserving order in any port, harbour, train station and airport in Singapore;

(i) executing summonses, subpoenas, orders to attend court, warrants, commitments and other process issued by courts and Justices of the Peace;

[Act 25 of 2021 wef 01/04/2022]

(j) disseminating information to and advising the public and conducting prosecutions;

(k) taking action for the safe custody of lost property and for the disposal of unclaimed property;

(l) assisting in the protection of life and property at fires;

(m) protecting persons from injury or death, and public property from damage or loss, whether arising from criminal acts or in any other way;

(n) attending the criminal courts and, if specially ordered, the civil courts, and keeping order in those courts;

(o) escorting and guarding prisoners (including those in remand); and

(p) executing such other duties as may by any written law be imposed on a police officer.

[10/2015]

Administration of Police Force by Commissioner

5.  The Commissioner is responsible to the Minister for the supreme command, direction and administration of the Police Force, and of all persons appointed or engaged for police duties under the provisions of this Act.

Appointment of Commissioner

6.—(1)  Subject to subsection (2), the President may, on the advice of the Cabinet, appoint a public officer to be the Commissioner of Police.

(2)  The President may refuse to make an appointment, or to revoke the appointment, of the Commissioner if the President, acting in the President’s discretion, does not concur with the advice or recommendation of the Cabinet.

Appointment, etc., of other police officers

7.—(1)  Subject to the provisions of the Constitution, a senior police officer is to be appointed, promoted and confirmed by the Public Service Commission or the relevant Personnel Board established under the Constitution, as the case may be.

(2)  A police officer below the rank of inspector is —

(a) to be appointed by the Commissioner or a commanding officer; and

(b) to be promoted or advanced in grade by the Commissioner.

Warrant card

8.  A warrant card must be issued to every police officer and is evidence of his or her appointment under this Act.

Engagement of police officers

9.—(1)  A senior police officer is engaged to serve in the Police Force for such period and on such conditions of service as may be regulated by law and, subject to the provisions of any such law, by the President.

(2)  A police officer below the rank of inspector is engaged to serve in the Police Force for such period and on such conditions as may be prescribed by the Police Regulations.

(3)  Every engagement under subsection (2) must —

(a) be in writing signed by the person engaged; and

(b) be signed by a commanding officer or other officer authorised thereto under the Police Regulations.

(4)  Despite anything in any other law, every person who is at least 18 years of age is deemed competent to enter into an engagement under subsection (1) or (2).

Re-engagements of police officers below inspector

10.—(1)  Every police officer below the rank of inspector who has completed the period of service for which he or she was engaged may offer himself or herself for re‑engagement for a further period and, if approved, may be re‑engaged on such terms and conditions as may be prescribed by the Police Regulations.

(2)  Every such re-engagement must be evidenced in writing signed by the person re‑engaged and by a commanding officer or other officer authorised thereto under the Police Regulations.

Continuance of service

11.—(1)  Every police officer below the rank of inspector who continues in the Police Force after the completion of the period of service for which he or she was originally engaged is, unless he or she re‑engages for a further period in accordance with section 10, deemed to be under engagement to serve from month to month.

(2)  Every engagement from month to month under subsection (1) after the first month’s service starts on the first and is determinable on the last day of each successive month.

(3)  A police officer who is deemed to be under an engagement from month to month under subsection (1) must not resign from the Police Force unless the police officer has given in the prescribed manner at least one month’s notice in writing to the Commissioner or the commanding officer under whom the police officer is serving, as the case may be.

Resignation during term of engagement

12.  A police officer may resign from the Police Force in such manner as may be specified in his or her terms of engagement.

Temporary constables

13.—(1)  The Commissioner may without written engagement appoint persons to serve as temporary constables.

(2)  A temporary constable is deemed to be under engagement to serve from month to month, with every such engagement being held to commence on the first and to be determinable on the last day of each successive month.

(3)  A temporary constable may be discharged at any time after one month’s notice in writing by the Commissioner or a commanding officer.

(4)  A temporary constable must not resign from the Police Force unless the temporary constable has given at least one month’s notice in writing to the Commissioner or the commanding officer under whom the temporary constable is serving, as the case may be.

(5)  The notice in writing must be given on or before the first day of the month at the end of which such officer intends to resign.

(6)  A temporary constable has and may exercise all the powers and privileges of, and is subject to the same authority and discipline as, a constable.

No resignation during crisis period

13A.—(1)  Where a notice of resignation is given in accordance with section 11(3) or 13(4), or the terms of engagement mentioned in section 12, and is accepted before a crisis period starts —

(a) the notice of resignation does not take effect before the end of the crisis period;

(b) the crisis period must be excluded in calculating any notice period in order for the resignation to take effect; and

(c) any notice period for the resignation to take effect must be extended by a period equal to the length of the crisis period,

unless the Commissioner waives the application of this subsection to the particular notice of resignation on the ground that the service of the police officer or temporary constable giving the notice is not necessary for the securing of the public safety, defence and security of Singapore.

(2)  Despite section 11(3), 12 or 13(4), a notice of resignation to resign from the Police Force that is given by a police officer or temporary constable is invalid if —

(a) the notice of resignation is given during a crisis period; and

(b) the Commissioner refuses the notice of resignation.

(3)  The Commissioner may refuse a notice of resignation given during a crisis period only if the Commissioner is of the opinion that the service of the police officer or temporary constable giving the notice is necessary for the securing of the public safety, defence and security of Singapore.

(4)  In this section, “crisis period” means the period when any of the following is in force:

(a) a Proclamation of Emergency issued under Article 150(1) of the Constitution of the Republic of Singapore;

(b) an activation order given under section 8(1) of the Public Order and Safety (Special Powers) Act 2018.

[Act 21 of 2021 wef 02/09/2022]

Discharge of police officers below inspector

14.—(1)  The Commissioner or a commanding officer may discharge any police officer below the rank of inspector who has less than 10 years’ service, whether such officer is serving on agreement or is under engagement to serve from month to month.

(2)  The Commissioner may, at any time, discharge a police officer below the rank of inspector with at least 10 years’ service if, in the opinion of the Commissioner, it is desirable in the public interest to do so.

(3)  Where a police officer has been discharged under this section, the Pensions Act 1956 or the Home Affairs Uniformed Services Superannuation Act 2001 (as the case may be) applies to the officer so far as any of its provisions or subsidiary legislation thereunder relate to the grant of any pension, gratuity, benefit or other allowance under that Act.

(4)  Nothing in this section is deemed to affect or limit any power of dismissal from the Police Force conferred by or under this Act.

Delivery of Government property on leaving Police Force

15.—(1)  Every police officer must, before leaving the Police Force because of his or her resignation, dismissal, discharge or otherwise, deliver up in good order (fair wear and tear only excepted) any of the following that belongs to the Government, is issued to the police officer and is in his or her possession:

(a) arms or ammunition;

(b) any other article or property specified in the Police General Orders in section 118 or the Force Orders in section 119.

[Act 21 of 2021 wef 02/09/2022]

(2)  A person neglecting so to deliver up such article or property in accordance with subsection (1) shall be guilty of an offence and shall —

(a) be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months; and

(b) be liable to pay to the Government the value of the article or property not delivered up.

(3)  The value of any article or property not delivered up in accordance with subsection (1) —

(a) must be ascertained in a summary manner by the same court by which the person was convicted; and

(b) is recoverable as a fine.

Police officer not to be member of trade union, etc.

16.—(1)  It is not lawful for any police officer to be a member of —

(a) any trade union or any body or association affiliated to a trade union;

(b) any body or association the objects of which are or include controlling or influencing the emoluments, pensions or conditions of service of any police officer; or

(c) any body or association with political objects.

[10/2015]

(2)  A police officer who contravenes subsection (1) shall be guilty of an offence.

(3)  If any question arises as to whether any body is a trade union or other body or association to which subsection (1) applies, the question is to be determined by the Minister on the advice of the Commissioner.

(4)  For the purpose of enabling police officers to consider and bring to the notice of the Government matters affecting their welfare and efficiency, including emoluments, pensions, welfare and conditions of service (other than matters of discipline and promotion affecting individuals), the Commissioner may establish one or more associations composed only of police officers.

[10/2015]

(5)  Any association established under subsection (4) and any branch of the association must —

(a) operate and be administered in accordance with the Police Regulations; and

(b) be entirely independent of any trade union or other association outside the Police Force.

(6)  Any association established under subsection (4) is —

(a) deemed not to be a trade union within the meaning of the Trade Unions Act 1940; and

(b) exempt from the provisions of the Societies Act 1966.

Delegation of powers

17.—(1)  Except as otherwise specially provided in section 18 or 110A and the Public Order and Safety (Special Powers) Act 2018, any act or thing which may be done, ordered or performed by the Commissioner under this Act or any other written law may, subject to the orders and directions of the Commissioner, be done, ordered or performed by —

(a) any police officer not below the rank of superintendent; or

(b) any non-police personnel performing duties in the Police Force who is not below the prescribed grade.

(2)  Except as otherwise specially provided in section 18 or any other written law, where a Deputy Commissioner is absent or incapable for any reason of performing or discharging any of his or her duties under any written law, the Commissioner may authorise —

(a) any police officer not below the rank of assistant superintendent; or

(b) any non-police personnel performing duties in the Police Force who is not below the prescribed grade,

to exercise the powers conferred and perform the duties imposed on the Deputy Commissioner by any written law.

[Act 21 of 2021 wef 02/09/2022]

Power of Minister to substitute another officer for Commissioner or Deputy Commissioner

18.—(1)  Whenever by any written law power is given to the Commissioner or a Deputy Commissioner to grant licences for any purpose, the Minister may appoint by name or office —

(a) a police officer not below the rank of superintendent or assistant superintendent in the case of permits under the Public Order Act 2009; or

(b) any person (whether or not a police officer) in any other case,

to grant such licences in the place of or in addition to the Commissioner or the Deputy Commissioner, as the case may be.

[15/2009; 10/2015]

[Act 5 of 2025 wef 09/03/2025]

(1A)  An appointment under subsection (1) must be published in the Gazette.

[Act 5 of 2025 wef 09/03/2025]

(2)  Any licence granted by any person appointed under subsection (1) is as valid and effectual for all purposes as if the licence had been granted by the Commissioner or the Deputy Commissioner.

(3)  Whenever by any written law power is given to the Commissioner to hear an appeal against any decision, and the decision‑maker is a police officer who, if not for this subsection, may hear that appeal, then despite section 17(1), the appeal must be heard and determined by —

(a) the Commissioner in person (and no other); or

(b) if the Commissioner is absent or incapable for any reason of hearing and determining that appeal, a public officer who is not the decision‑maker whose decision is appealed against and not subordinate to that decision‑maker, and is designated by the Minister to hear and determine that appeal.

[10/2015]

(4)  In this section —

“grant”, when used with reference to a licence, includes issue or give;

“licence” includes a pass and a permit.

PART 3

DUTIES, DISCIPLINE AND POWERS OF POLICE OFFICERS

Division 1 — Duties of police officers

Oath of office

19.—(1)  Every police officer must, before entering on the duties of his or her office, take an oath of office and oath of allegiance prescribed by the Oaths and Declarations Act 2000 in such manner as may be prescribed in the Police Regulations.

[Act 25 of 2023 wef 01/12/2023]

(2)  To avoid doubt, where an oath is required to be taken under subsection (1), a police officer may take the oath by appearing before the person administering the oath through a live video link or live television link created using a remote communication technology that allows the person administering the oath to —

(a) maintain visual contact and communicate with the police officer taking the oath, and any interpreter present, throughout the process;

(b) confirm the identity of the police officer taking the oath and any interpreter present; and

(c) if the oath is to be subscribed, verify by inspection the oath to be subscribed.

[Act 25 of 2023 wef 01/12/2023]

Liability of police officers to serve

20.  All police officers are bound to serve in any part of Singapore or on board any vessel or aircraft in the service of the Government, or to proceed to and serve outside Singapore as provided in Part 5.

Police officers to obey lawful orders

21.—(1)  Every police officer must —

(a) obey all lawful orders, whether given orally or in writing; and

(b) obey and conform to the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act.

(2)  In particular, a police officer is required —

(a) to serve wherever he or she is lawfully ordered; and

(b) to perform such police duties as may be lawfully ordered.

(3)  All powers granted to and duties imposed by any written law on any police officer are to be exercised or performed in accordance with the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act.

Police officer to be armed

22.  Every police officer is provided with such arms, ammunition and other accoutrements as may be necessary for the effectual discharge of his or her duties.

Police officer to be deemed on duty

23.  Every police officer is, for the purposes of this Act, deemed to be always on duty when required to act as such and has to perform the duties and exercise the powers granted to him or her under this Act or any other written law at any time and every place where he or she may be doing duty.

Police officer not exempted from ordinary process of law

24.—(1)  Nothing in this Act is deemed to prevent the prosecution, conviction and punishment of any police officer according to the provisions of any other written law for the time being in force in Singapore.

(2)  No person who has been acquitted by a court of any offence is to be tried on the same charge under this Act.

(3)  A sentence upon a police officer is not affected by such person ceasing to be a police officer by discharge or otherwise.

(4)  No pay accrues to any police officer in respect of any period during which he or she is undergoing any sentence of imprisonment.

Non-liability for act done under authority of warrant

25.—(1)  Where the defence to any suit instituted against a police officer is that the act complained of was done in obedience to a warrant purporting to be issued by any competent authority, the court is, upon production of the warrant containing the signature of such authority and upon proof that the act complained of was done in obedience to such warrant, to enter judgment in favour of such police officer.

(2)  No proof of the signature of such authority is required unless the court has reason to doubt the genuineness of the signature.

(3)  Where it is proved that the signature on a warrant card is not genuine, judgment is nevertheless to be given in favour of such police officer if it is proved that, at the time when the act complained of was committed, the police officer believed on reasonable grounds that the signature was genuine.

(4)  Where this section provides to a police officer relief from liability, the section also extends to apply to a forensic specialist assisting that police officer in the course of his or her duty as a forensic specialist in accordance with section 65B.

[10/2015]

Road barriers

26.—(1)  Despite any other law in force in Singapore, any police officer may, if the police officer considers it necessary to do so for the maintenance and preservation of law and order or for the prevention or detection of crime —

(a) erect or place barriers in or across any public road or street or in any public place in such manner as the police officer may think fit; and

(b) take all reasonable steps to prevent any vehicle being driven or ridden past, or any person from crossing, any such barrier.

(2)  Where a barrier is erected or placed in or across any public road or street or in any public place pursuant to subsection (1), a police officer may order the driver or rider of any vehicle travelling in the direction of the barrier —

(a) to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; and

(b) to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed.

(3)  An order under subsection (2) to the driver or rider of any vehicle may be given —

(a) by spoken word in a manner which is likely to be audible to the driver or rider;

(b) by any recognised hand signal in a manner which is likely to be visible to the driver or rider; or

(c) by any other prescribed signal which is likely to be audible or visible to the driver or rider.

(4)  If any notice or sign warning of the presence of a barrier erected or placed in or across any public road or street or in any public place pursuant to subsection (1), is displayed to traffic approaching the barrier, the notice or sign constitutes and is to be treated, for the purposes of this section, as an order under subsection (2) addressed by a police officer to any driver or rider of any vehicle who is travelling in the direction of the barrier and who ought reasonably to have seen the notice or sign to do the following:

(a) to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier;

(b) to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed.

(5)  Any driver or rider of any vehicle commits an offence if —

(a) he or she is ordered under subsection (2) by a police officer —

(i) to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; and

(ii) to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed; and

(b) he or she fails —

(i) to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; or

(ii) to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed.

(6)  Where a barrier is erected or placed in or across any public road or street or in any public place pursuant to subsection (1), a police officer may direct a pedestrian travelling in the direction of the barrier —

(a) to proceed towards the barrier and stop at or near, or before reaching the barrier; and

(b) to remain there until permitted by a police officer to continue.

(7)  A person who is a pedestrian travelling on any public road or street or in any public place commits an offence if the person fails to comply with any direction of a police officer to the person under subsection (6).

(8)  A person who is guilty of an offence —

(a) under subsection (5) 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; or

(b) under subsection (7) shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.

(9)  In proceedings against an accused for an offence under subsection (5) or (7), where it is alleged that the accused failed to comply with an order under subsection (2) or a direction under subsection (6) (as the case may be), it is a defence for the accused to prove, on a balance of probabilities, that it was not reasonably practicable to do more than what was in fact done to comply with the order or direction, as the case may be.

(10)  Any police officer may, without warrant, arrest —

(a) any driver or rider of any vehicle who fails to comply with an order under subsection (2) by a police officer;

(b) any pedestrian who fails to comply with a direction under subsection (6) by a police officer; or

(c) any driver or rider of any vehicle mentioned in paragraph (a), or any pedestrian mentioned in paragraph (b), who in response to a request by a police officer giving the order or direction —

(i) refuses to give his or her name and a residential address in Singapore; or

(ii) gives a name which the police officer has reason to believe is false or misleading or gives an address other than the full and correct residential address in Singapore of the driver, rider or pedestrian, as the case may be.

(11)  No police officer shall be liable for any loss or damage to any vehicle, or for any injury to the driver or rider or any other occupant of the vehicle, as a result of the driver or rider of the vehicle failing to obey any police officer acting under this section.

[Act 21 of 2021 wef 01/01/2022]

Application of sections 26B, 26C and 26D in attempted suicide cases

26A.—(1)  Sections 26AA, 26B, 26C and 26D apply only where a police officer reasonably suspects that a person is about to or has attempted to commit suicide and where the powers under those sections are reasonably necessary for any of the following purposes:

(a) preventing personal injury, hurt or death to any person;

(b) facilitating an inquiry within the meaning of section 2 of the Coroners Act 2010 if death is caused either to the person who attempted suicide or any other person;

(c) preserving evidence for the purpose of any subsequent investigations into or proceedings in relation to any suspected arrestable offence which may be disclosed.

[15/2019]

[Act 16 of 2024 wef 01/01/2025]

(2)  For the purposes of this section and sections 26AA, 26B, 26C and 26D —

(a) a reference to a police officer includes a reference to —

(i) a special police officer; and

(ii) a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under section 65B and the lawful directions of the police officer he or she assists; and

(b) “arrestable offence”, “court”, “financial institution”, “place”, “police station” and “property” have the meanings given by section 2(1) of the Criminal Procedure Code 2010.

[15/2019]

[Act 16 of 2024 wef 01/01/2025]

Manner of apprehension in attempted suicide cases

26AA.—(1)  In apprehending a person whom a police officer reasonably suspects is about to or has attempted to commit suicide —

(a) the police officer must touch or confine the body of the person to be apprehended unless the person submits to the apprehension by word or action; and

(b) if the person forcibly resists or tries to evade apprehension, the police officer may use all reasonable means necessary to apprehend the person.

(2)  The person apprehended must not be restrained more than is necessary to prevent his or her escape.

(3)  If an apprehended person in lawful custody escapes or is rescued, the person from whose custody he or she escaped or was rescued, or any police officer, may immediately pursue and apprehend him or her for the purpose of returning him or her to the place where he or she was in lawful custody.

(4)  Section 26B applies to any apprehension under subsection (3) even if the person making the apprehension is not a police officer having authority to apprehend.

(5)  Every person is bound to help a police officer authorised to make an apprehension who reasonably demands the person’s aid in apprehending a person whom the police officer is authorised to apprehend.

[Act 16 of 2024 wef 01/01/2025]

Search by police officer for or of person in suicide or attempted suicide cases

26B.—(1)  A police officer may, without a search warrant —

(a) search or cause a search to be made in any place for a person if the police officer has reason to believe that the search is necessary for any purpose mentioned in section 26A(1); or

(b) search a person and place in safe custody all articles other than necessary wearing apparel found upon that person if the police officer has reason to believe that the search is necessary for any purpose mentioned in section 26A(1).

[15/2019]

(2)  The police officer in subsection (1) must, if reasonably practicable, conduct the search in person.

[15/2019]

(2A)  Whenever it is necessary to cause a woman to be searched under subsection (1)(b), the search must be made by a police officer who is a woman and with strict regard to decency.

[Act 16 of 2024 wef 01/01/2025]

(3)  The provisions of the Criminal Procedure Code 2010 relating to searches pursuant to search warrants, with the necessary modifications, apply to a search made under this section.

[15/2019]

(4)  Where a police officer executing any search under this section demands entry or access to a place liable to search under this section, the occupier or any person in charge of the place must allow the police officer free entry or access and provide all reasonable facilities for a search in it.

[15/2019]

(5)  If free entry or access to that place cannot be obtained under subsection (4), it is lawful in any case for the police officer or other person executing the search to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.

[15/2019]

(6)  A police officer may break open a place to free himself or herself or any other person who, having lawfully gone inside to make a search under subsection (1)(a), is detained in it.

[Act 16 of 2024 wef 01/01/2025]

Search by police officer for document or thing in suicide or attempted suicide cases

26C.—(1)  A police officer may, without a search warrant, search or cause a search to be made for a document or other thing in any place if —

(a) the police officer considers the document or thing to be necessary for any purpose mentioned in section 26A(1);

(b) the police officer has reason to believe that the document or thing, which the police officer considers to be necessary for any purpose mentioned in section 26A(1), is likely to be removed; or

(c) it is not known who possesses the document or thing which the police officer considers to be necessary for any purpose mentioned in section 26A(1).

[15/2019]

(2)  The police officer in subsection (1) must, if reasonably practicable, conduct the search in person.

[15/2019]

(3)  The provisions of the Criminal Procedure Code 2010 relating to searches pursuant to search warrants, with the necessary modifications, apply to a search made under this section.

[15/2019]

(4)  Where a police officer executing any search under this section demands entry or access to a place liable to search under this section, the occupier or any person in charge of the place must allow the police officer free entry or access and provide all reasonable facilities for a search in it.

[15/2019]

(5)  If free entry or access to that place cannot be obtained under subsection (4), it is lawful in any case for the police officer or other person executing the search to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.

[15/2019]

Powers to seize property in suicide or attempted suicide cases

26D.—(1)  A police officer may seize, or prohibit the disposal of or dealing in, any property.

[15/2019]

(2)  If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order —

(a) direct the financial institution to deliver the property to any police officer; or

(b) direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order.

[15/2019]

(3)  A police officer to whom any property has been delivered because of an order under subsection (2)(a) must, as soon as is reasonably practicable, report at a police station his or her receipt of the property.

[15/2019]

(4)  A police officer may exercise the powers conferred under this section despite any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property.

[15/2019]

(5)  Where any property held in an account in a financial institution is subject to an order made under subsection (2)(b) —

(a) any interest or other earnings on such account, or any other payments, may be credited into such account after the date on which the written order was made; and

(b) any such interest, other earnings or payments is deemed to be subject to that same written order.

[15/2019]

(6)  Any financial institution which contravenes an order made under subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

[15/2019]

(7)  A court may —

(a) subsequent to an order of a police officer made under subsection (2); and

(b) on the application of any person who is prevented from dealing with property,

order the release of such property or any part of such property.

[15/2019]

(8)  The court may only order a release of property under subsection (7) if the court is satisfied that —

(a) such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges;

(b) such release is necessary exclusively for —

(i) the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or

(ii) the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in;

(c) such release is necessary for the payment of any extraordinary expenses;

(d) the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy such lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)(b); or

(e) such release is necessary, where the person is a company incorporated in Singapore, for any day-to-day operations of the company.

[15/2019]

(9)  Part 19 (Disposal of property) of the Criminal Procedure Code 2010 applies to the disposal of any property seized under this section with the necessary modifications as if it were property seized in the exercise of any power under that Code.

[15/2019]

Forced entry in non-suicide cases

26E.—(1)  If a police officer —

(a) reasonably suspects that a person in any place requires assistance because of any injury or the person’s poor state of health;

(b) is unable to gain entry or access into the place; and

(c) is of the view that entry or access into the place is necessary to protect the life, health or safety of the person,

it is lawful for the police officer to break open any outer or inner door or window of the place or to use any other reasonable means in order to gain entry or access into the place.

(2)  However, no power conferred under this section may be exercised in relation to a person whom the police officer reasonably suspects is about to attempt or has attempted to commit suicide.

[Act 21 of 2021 wef 01/01/2022]

Powers upon apprehension of person in non-suicide cases

26F.—(1)  Subject to subsection (2), this section applies where a police officer apprehends any person under any written law prescribed in the Police Regulations.

(2)  This section does not apply where an apprehension is carried out in relation to a person whom the police officer reasonably suspects is about to or has attempted to commit suicide and to which sections 26A to 26D apply.

(3)  Division 3 of Part 6 of the Criminal Procedure Code 2010 applies to an apprehension mentioned in subsection (1) as it applies to an arrest, with any exception or modification that the Minister may prescribe in the Police Regulations.

(4)  For the purposes of subsection (3), the Minister may prescribe different modifications with respect to different provisions of written law mentioned in subsection (1).

[Act 16 of 2024 wef 01/01/2025]

Employment of police officers for private purposes

27.—(1)  Any person may apply to the Commissioner, in such form and manner as may be prescribed, to employ police officers for —

(a) the purpose of guarding the applicant or any other person or any property; or

(b) any other reason acceptable to the Commissioner.

(2)  The Commissioner may grant an application made under subsection (1) subject to any conditions that the Commissioner thinks fit, including but not limited to the following:

(a) the applicant must pay for the services of the police officers such amount or at such rate as may be prescribed, and if no such amount or rate is so prescribed, such amount or rate as the Commissioner thinks fit;

(b) the number of police officers to be placed at the disposal of the applicant for such service, and the conditions of service.

(3)  The Government shall not be liable for any loss or damage to property, whether owned by the applicant or by any other person, consequent on the employment of police officers as provided in this section.

Division 2 — Discipline of police officers

Discipline of police officers

28.—(1)  A senior police officer may be interdicted, dismissed or otherwise disciplined by or under the authority of the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service.

[10/2015]

(2)  A police officer below the rank of inspector may be interdicted, dismissed or otherwise disciplined by or under the authority of this Act.

Interdiction

29.—(1)  A police officer below the rank of inspector may be interdicted from the performance of duty by the Commissioner where —

(a) the police officer is charged in court for an offence and the Commissioner is of the opinion that the nature and gravity of the offence warrants the police officer’s interdiction;

(b) the police officer is being investigated for having committed an offence under any written law and the Commissioner considers that it is undesirable for that officer to continue to exercise the powers or perform the duties of a police officer;

(c) disciplinary proceedings under this Part that may result in the police officer’s dismissal, reduction in rank or retirement in the public interest are or are to be instituted under this Part; or

(d) the Commissioner considers that it is otherwise in the public interest that the police officer should immediately cease to exercise the powers and perform the duties of a police officer.

[10/2015]

(2)  Where a police officer has been interdicted under subsection (1), the Commissioner may order that the whole or such part of the police officer’s emoluments as the Commissioner thinks fit to be withheld during the period of interdiction.

[10/2015]

(3)  If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in the police officer’s dismissal, the Commissioner may order the forfeiture of all or any of the emoluments which the police officer would have enjoyed but for the police officer’s dismissal.

[10/2015]

(4)  If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in a disciplinary measure other than dismissal —

(a) where the police officer’s emoluments (other than increments) have been withheld, the Commissioner may order the forfeiture of the whole or a part of the withheld emoluments or that the withheld emoluments or a part of it be restored; and

(b) where the police officer’s increment has been withheld, the Commissioner may order the forfeiture of the whole or a part of the withheld increment or that the withheld increment or a part of it be restored.

[10/2015]

(5)  If the Commissioner decides that no disciplinary proceedings are to be started under this Part against a police officer who is interdicted under subsection (1), or if any such disciplinary proceedings started against the police officer do not result in any disciplinary measure being imposed on him or her, the police officer is to be entitled to the full amount of the emoluments (including increments) withheld as a result of his or her interdiction.

[10/2015]

(6)  When directing that any withheld increment or part of any withheld increment be restored under subsection (4)(b), the Commissioner must specify the date from which the increment is to be restored.

[10/2015]

(7)  To avoid doubt, nothing in this section affects section 42.

[10/2015]

Police officer not to resign when disciplinary proceedings are pending

30.—(1)  Despite any other provision of this Act, a police officer below the rank of inspector must not, without the written permission of the Commissioner, resign from the Police Force during the period —

(a) when any disciplinary proceedings or any prosecution for a service offence instituted against the police officer is pending;

(b) the police officer is interdicted under section 29 from the performance of duty;

(c) after notice of intention to prefer disciplinary charges or to prosecute the police officer for a service offence is given to the police officer; or

(d) where the police officer has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.

[10/2015]

(2)  Except with the written permission of the Commissioner, a police officer below the rank of inspector must not, during any period referred to in subsection (1), leave Singapore before disciplinary proceedings against that police officer under this Part are concluded.

[10/2015]

Disciplinary proceedings

31.—(1)  Every allegation against any police officer below the rank of inspector that he or she has committed a disciplinary offence must be reported in the form of a charge to a disciplinary officer.

(2)  A disciplinary officer may, when dealing with a charge brought before him or her under subsection (1), dismiss the charge if and only if he or she is satisfied that —

(a) the charge is groundless and ought not to be proceeded with; or

(b) there are special circumstances which justify its dismissal,

and the disciplinary officer must record his or her reasons for the dismissal.

(3)  A disciplinary officer is not bound by the law of evidence when dealing with a charge brought before him or her under subsection (1) and, subject to the Police Regulations, must act in such manner as seems to him or her most expedient for the disposal of the case before him or her.

Commissioner may refer case to Public Service Commission for determination

32.—(1)  Despite section 31, the Commissioner may, if the Commissioner thinks fit, refer any case where disciplinary proceedings for a disciplinary offence are to be taken under this Part against a police officer below the rank of inspector to the Public Service Commission for the case to be dealt with by the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service.

[10/2015]

(2)  Where any case has been referred to the Public Service Commission under subsection (1), the Commission may —

(a) order that the police officer below the rank of inspector concerned be dismissed;

(b) order that the police officer be retired in the public interest from the Police Force; or

(c) punish the police officer in accordance with section 40(2), (3), (4) or (5), as the case may be.

[10/2015]

(3)  Where any case has been referred to the Public Service Commission under subsection (1), any reference in this Act to a disciplinary officer includes a reference to the Public Service Commission.

Power to secure attendance of witnesses

33.—(1)  A police officer who is —

(a) authorised to conduct an investigation into; or

(b) a disciplinary officer authorised to conduct disciplinary proceedings for,

any alleged service offence committed by another police officer or a special police officer, may apply to a Magistrate for a summons to secure the attendance before the police officer, as a witness, of any person who appears to be acquainted with the circumstances of the case.

(2)  Subject to subsection (3), a Magistrate may issue a summons accordingly and such witness —

(a) is bound to attend at the time and place mentioned in the summons;

(b) is bound to answer truly all questions relating to such case as may be put to him or her by the police officer mentioned in subsection (1); and

(c) must produce all documents relevant to such case.

(3)  Nothing in this section is to be construed to compel any person to disclose any matter or produce any document which would have been protected from disclosure or production (as the case may be) on the ground of privilege if the proceedings had been held in any court.

Division 3 — Service offences

Desertion

34.—(1)  A police officer who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to imprisonment for a term not exceeding 10 years, and all arrears of emoluments due to him or her shall be forfeited.

[10/2015]

(2)  For the purposes of this section, a person deserts if he or she, being on duty, or having been notified to report for duty, without leave does not attend at or leaves his or her place of duty in circumstances which show that he or she has the intention to remain permanently absent without leave or of not returning to his or her duty.

(3)  Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Connivance at desertion

35.  A person who —

(a) being aware of the desertion or intended desertion of a police officer, does not without reasonable excuse inform his or her superior officer immediately; or

(b) fails to take any steps in his or her power to cause the apprehension of a police officer whom he or she knows, or has reasonable cause to believe, to be a deserter,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and to imprisonment for a term not exceeding 2 years or to any other punishment authorised by this Act.

Absence without leave

36.—(1)  A police officer who is absent without leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both, and to any other punishment authorised by this Act, and all arrears of emoluments due to him or her shall be forfeited.

[10/2015]

(2)  Any police officer is absent without leave if the police officer —

(a) without authority leaves his or her place of duty;

(b) without authority is absent from his or her place of duty;

(c) having been authorised to be absent from his or her place of duty, fails to return to his or her place of duty at the end of the period for which his or her absence was authorised; or

(d) having been notified to report for duty, fails to report to his or her place of duty without lawful excuse.

(3)  It is a defence for any person charged with an offence under this section to prove that his or her absence was a result of circumstances over which he or she had no control.

(4)  Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Threatening or insulting another officer of senior or equal rank

37.  A police officer who threatens or insults another police officer of senior or equal rank when —

(a) such other officer is on duty; or

(b) such threat or insult relates to or is consequent on the discharge of duty by the officer so threatened or insulted,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Attempt to commit service offence

38.—(1)  A person who, with intent to commit any service offence, by act or omission behaves in a manner that is, or that the person believes to be, a substantial step towards the commission of the service offence is deemed, for the purpose of this section, to have attempted to commit the service offence.

(2)  A person who attempts to commit a service offence under any of the provisions of this Part shall be liable on conviction or on being found guilty thereof to the like punishment for that offence.

(3)  A person charged with attempting to commit a service offence may be convicted or found guilty of the attempt even though the evidence in the proceedings proves that the person committed the offence.

(4)  Where an attempt to commit a service offence is voluntarily abandoned, the fact and circumstances of that abandonment are to be taken into consideration in mitigation of any punishment to be imposed in respect of the attempt.

Aiding, etc., commission of service offence

39.  A person who intentionally or recklessly —

(a) aids, abets, counsels or procures;

(b) incites to, urges or encourages; or

(c) commands or orders,

the commission of a service offence shall be guilty of the service offence.

Disciplinary offences

40.—(1)  The service offences specified in the Schedule are disciplinary offences.

(2)  Subject to subsections (3), (4) and (5), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Police Regulations, a police officer below the rank of inspector is found guilty of a disciplinary offence by a disciplinary officer who is a commanding officer, the disciplinary officer may order that such police officer be subject to any one of the following punishments:

(a) dismissal or retirement in the public interest from the Police Force;

(b) reduction in rank, grade or seniority;

(c) stoppage of increment for up to 2 years;

(d) stoppage of leave;

(e) restriction of privileges;

(f) extra duty;

(g) reprimand;

(h) caution.

[10/2015]

(3)  A disciplinary officer who is not a commanding officer but is an officer authorised by a commanding officer to conduct disciplinary proceedings against a police officer below the rank of inspector (called in this subsection and subsection (3A) the defendant police officer) may, after giving the defendant police officer a reasonable opportunity to be heard in accordance with this Act and the Police Regulations and if that disciplinary officer is satisfied on the evidence as to the defendant police officer’s guilt —

(a) order that the defendant police officer be subject to any one of the punishments specified in subsection (2)(b) to (h); or

(b) recommend in writing to the commanding officer that the defendant police officer should be dismissed or retired in the public interest from the Police Force, together with a report containing a record of the proceedings conducted by the disciplinary officer and the grounds for the recommendation.

[10/2015]

(3A)  Upon receipt of any written recommendation and report under subsection (3)(b) from a disciplinary officer with respect to a defendant police officer below the rank of inspector, the commanding officer may, after reviewing that report, by order —

(a) quash any finding of guilt made by the disciplinary officer and acquit the defendant police officer if the commanding officer is of the opinion that —

(i) the finding is illegal or cannot be supported by the evidence; or

(ii) the disciplinary proceedings conducted by the disciplinary officer were not in accordance with any provision in this Part or the Police Regulations,

and, where appropriate, refer the case to another disciplinary officer recommending that disciplinary proceedings be re‑instituted against the defendant police officer; or

(b) dismiss the defendant police officer, or order the defendant police officer’s retirement in the public interest, from the Police Force or substitute another punishment referred to in subsection (2)(b) to (h).

[10/2015]

(4)  A disciplinary officer may, in lieu of or in addition to any punishment imposed under subsection (2), (3)(a) or (3A)(b), order —

(a) the police officer concerned to pay a fine not exceeding $200 or a higher amount prescribed in substitution; or

[Act 21 of 2021 wef 02/09/2022]

(b) the forfeiture of not more than one month of the police officer’s gross monthly salary.

[10/2015]

(4A)  Any regulations made under section 117 prescribing an amount of fine in substitution of the amount specified in subsection (4) must not apply to or in relation to a disciplinary offence committed before the date the regulations come into force.

[Act 21 of 2021 wef 02/09/2022]

(5)  In addition to any punishment imposed under subsection (2), (3)(a) or (3A)(b), a disciplinary officer may make the following orders where the disciplinary officer finds any police officer below the rank of inspector guilty of the following disciplinary offences:

(a) in the case of the disciplinary offence of absence without leave, an order of forfeiture of the police officer’s emoluments in respect of the period of absence or such lesser period as the disciplinary officer may consider fit; or

(b) in the case of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, an order for the police officer concerned to make good, either partially or wholly, the value of such property or the amount of such loss or damage.

[10/2015]

(6)  Where an order is made by a disciplinary officer under subsection (2), (3)(a), (3A)(b), (4) or (5) against a police officer below the rank of inspector, that police officer may, not later than the 30th day after the date the order is served on the police officer, appeal to a Disciplinary Appeal Committee against any punishment imposed by, or against any finding of guilt in, the disciplinary officer’s order.

[10/2015]

(7)  In every case where an appeal has been made under subsection (6) against any order under subsection (2), (3)(a), (3A)(b), (4) or (5), the punishment awarded by that order must be suspended pending the determination of the appeal.

[10/2015]

(8)  A Disciplinary Appeal Committee may determine an appeal under subsection (6) against an order of a disciplinary officer —

(a) by confirming any finding of guilt or punishment ordered by the disciplinary officer;

(b) by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Disciplinary Appeal Committee is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re‑tried by another disciplinary officer;

(c) by replacing any finding by the disciplinary officer that, in the opinion of the Disciplinary Appeal Committee, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or

(d) by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard,

and the decision of the Disciplinary Appeal Committee in any such appeal is final.

[10/2015]

(9)  Where a police officer below the rank of inspector is ordered to be retired in the public interest under subsection (2), his or her service is, for the purposes of the Pensions Act 1956 or the Home Affairs Uniformed Services Superannuation Act 2001, deemed to have been terminated or retired in the public interest.

[10/2015]

(10)  The value or amount ordered to be made good by a police officer under subsection (5)(b) —

(a) may be recovered by stoppage of the whole or part of any of his or her emoluments;

(b) is recoverable as a debt due to the Government from that police officer; and

(c) is payable to the Police Fund established under Part 10.

[10/2015]

Disciplinary Appeal Committees

40A.—(1)  There are to be one or more Disciplinary Appeal Committees to hear appeals under section 40(6) by a police officer below the rank of inspector.

[10/2015]

(2)  The Minister is to appoint a panel consisting of such number of commanding officers as the Minister may consider necessary for the purpose of constituting a Disciplinary Appeal Committee to hear an appeal under section 40(6).

[10/2015]

(3)  Whenever an appeal under section 40(6) is made, there must be constituted a Disciplinary Appeal Committee to hear the appeal, comprising —

(a) the Commissioner; and

(b) 2 other commanding officers selected by the Commissioner from the panel of such officers appointed by the Minister under subsection (2).

[10/2015]

(4)  Where an appeal under section 40(6) is made against a decision of a commanding officer, that commanding officer must not be selected under subsection (3) to be a member of the Disciplinary Appeal Committee constituted to hear that appeal.

[10/2015]

(5)  Unless otherwise provided by or under this Act, a Disciplinary Appeal Committee may determine the procedure to be adopted by it in considering an appeal under section 40(6).

[10/2015]

Prosecutions for disciplinary offences

41.—(1)  A police officer below the rank of inspector accused of any of the disciplinary offences may, instead of being dealt with under section 40, be prosecuted in court.

(2)  A police officer mentioned in subsection (1) shall, on conviction of a disciplinary offence for which no penalty is expressly provided for in this Act, be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)  No prosecution under this section shall be instituted without the consent of the Public Prosecutor.

[15/2010]

Reduction or dismissal, etc., after conviction

42.—(1)  Any police officer below the rank of inspector who is convicted —

(a) of any service offence under this Part; or

(b) under the provisions of any other written law of an offence punishable with imprisonment,

may, unless the conviction is set aside on appeal, be reduced in rank or dismissed, or retired in the public interest from the Police Force by the Commissioner.

[10/2015]

(2)  Where a police officer is dismissed or retired in the public interest from the Police Force following any conviction referred to in subsection (1), the Commissioner or a commanding officer may order the forfeiture of any arrears of emoluments due to the police officer.

[10/2015]

Reduction to constable before dismissal

43.  A police officer below the rank of inspector dismissed from the Police Force must be reduced to the rank of constable before dismissal.

PART 4

COMMITTEES OF INQUIRY

Committee of inquiry

44.—(1)  Where it is expedient that the Minister, or such other person as 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 the Police Force or affecting any person subject to Part 8 or 9, 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.

Composition of committee of inquiry

45.—(1)  A committee of inquiry consists of one or more persons 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, he or she 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.

Powers of committee of inquiry

46.  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.

Disobedience to summons an offence

47.—(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.

Refusal to give evidence an offence

48.—(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 he or she is lawfully required to produce or answer.

(2)  A 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.

Giving false evidence an offence

49.  A 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.

Evidence and procedure of committee of inquiry

50.  Except as otherwise provided in this Act, a committee of inquiry is not bound by the rules of evidence and may act in any manner that the committee of inquiry thinks most expedient.

Admissibility of evidence

51.  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.

Proceedings not open to public

52.—(1)  A committee of inquiry must not sit in public.

(2)  No person is allowed —

(a) to attend the proceedings of a committee of inquiry; or

(b) to address a committee of inquiry,

except with the permission of the chairperson or if the Minister so directs.

Persons who may be affected by findings

53.—(1)  Where it appears to a committee of inquiry that the Commissioner, any police officer or witness may be adversely affected by its findings, the committee must 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.

(2)  The person notified under subsection (1) is allowed to give evidence and examine any witness.

Record of proceedings

54.—(1)  The chairperson must 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 must be signed by him or her.

(3)  A record of the proceedings of a committee of inquiry must 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.

Offence to influence or attempt to influence committee of inquiry

55.  A 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.

PART 5

SERVICE OUTSIDE SINGAPORE

Minister may send police officer outside Singapore

56.—(1)  Subject to subsections (3) and (7), the Minister may —

(a) on a request in that behalf being made by, or with the consent of, a government of a territory outside Singapore;

(b) in connection with the deployment of a United Nations force in a territory outside Singapore; or

(c) in connection with any overseas operation in a territory outside Singapore under any arrangement with a government of a territory outside Singapore,

order such number of police officers or special police officers as to the Minister seems expedient to proceed outside Singapore to carry out police duties in such territory.

(2)  In making an order under subsection (1), the Minister must specify the purposes for which the police officers or special police officers are to carry out police duties outside Singapore or in any territory outside Singapore.

(3)  The Minister must not make an order under subsection (1) unless the Minister is satisfied that adequate provisions have been or will immediately be made in the territory outside Singapore for the proper carrying out of police duties by police officers and special police officers in that territory, which may include provisions —

(a) that all police officers and special police officers serving in that territory under the provisions of this Part remain under the orders of their own commanding officers; or

(b) that all police officers and special police officers serving in that territory under the provisions of this Part are conferred with the powers, duties and privileges of police officers in that territory.

(4)  The Commissioner may issue directions of a routine nature for the deployment, command, control and information of police officers and special police officers ordered under subsection (1) to proceed outside Singapore to carry out police duties outside Singapore.

(5)  A direction under subsection (4) must not be inconsistent with subsection (3).

(6)  All police officers and special police officers ordered under subsection (1) to proceed outside Singapore for service must comply with every direction issued under subsection (4).

(7)  No special police officer is liable to serve or proceed on duty outside Singapore unless he or she first consents to such service.

(8)  In this section, “overseas operation” includes any overseas operation involving peacekeeping, the maintenance or restoration of law and order or functioning of government institutions or similar activities (whether or not in conjunction with personnel from one or more other countries).

Police officers serving outside Singapore to remain subject to this Act

57.  Subject to section 59, a police officer or special police officer who is —

(a) temporarily attached to the forces of another territory, or otherwise serving outside Singapore, pursuant to any order made under section 56;

(b) a member of a United Nations force; or

(c) a member of any overseas operation mentioned in section 56(1)(c),

does not cease to be subject to this Act by reason only of his or her being so temporarily attached, or being such a member or outside Singapore.

Jurisdiction during overseas service

58.—(1)  Section 59 applies to any act done or omitted outside Singapore by any police officer or special police officer while —

(a) he or she is serving outside Singapore pursuant to any order made under section 56;

(b) he or she is a member of a unit of the Police Force forming part of a United Nations force serving outside Singapore; or

(c) he or she is a member of any overseas operation mentioned in section 56(1)(c) and is outside Singapore.

(2)  For the purposes of this section —

(a) a person is deemed to start serving outside Singapore pursuant to an order made under section 56 from the time he or she leaves Singapore to undertake those duties until the time he or she returns to Singapore;

(b) a unit of the Police Force is deemed to form part of a United Nations force from the time the unit leaves Singapore to undertake duties with the United Nations force until the time the unit returns to Singapore; and

(c) a person is deemed to be a member of any overseas operation mentioned in section 56(1)(c) from the time he or she leaves Singapore to undertake duties with the overseas operation until the time he or she returns to Singapore.

Offences and misconduct during overseas service

59.—(1)  If any police officer or special police officer to whom this section applies does, or omits to do, any act outside Singapore (whether or not the act or omission concerned constitutes an offence under the laws in force in the territory where it took place) that if done or omitted within Singapore would constitute an offence, that act or omission is deemed to have taken place within Singapore unless —

(a) the person is subject to the criminal jurisdiction of the territory in which the act or omission took place; and

(b) the authorities in that territory —

(i) are not subject to any obligation to cede jurisdiction to the Singapore authorities in respect of that act or omission; and

(ii) bring criminal proceedings against the police officer or special police officer (as the case may be) in that territory.

(2)  No information is to be laid against any police officer or special police officer over whom jurisdiction is claimed by virtue of subsection (1) without the consent of the Public Prosecutor.

[15/2010]

(3)  If any police officer or special police officer is alleged to have committed an offence in respect of which the laying of information requires the consent of the Public Prosecutor under subsection (2), the police officer or special police officer concerned may be arrested and detained in custody or remanded in custody or on bail, even though the consent of the Public Prosecutor has not been obtained to the making of such complaint in respect of that offence, but no further proceedings are to be taken until that consent is obtained.

[15/2010]

(4)  If any police officer or special police officer to whom this section applies does, or omits to do, any act outside Singapore, and that act or omission would, if it occurred in Singapore, be a disciplinary offence for the purposes of this Act —

(a) the person may be investigated and, if appropriate, proceeded against under this Act by way of disciplinary proceedings under Part 3 or 8, whichever is applicable, and punished, in the same manner as if the act or omission had occurred in Singapore; and

(b) for that purpose, this Act and either the Police Regulations or the Special Constabulary Regulations (as the case may be) apply to him or her with any necessary modifications.

PART 6

SERVICE AS AIR MARSHALS ON BOARD SINGAPORE AIRCRAFT

Interpretation of this Part

60.—(1)  In this Part —

“air marshal” means any police officer who is appointed by the Commissioner under section 61(1) to serve as an air marshal;

“commander”, in relation to an aircraft, means the member of the crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of that aircraft;

“operator”, in relation to any aircraft at any time, means the person who at that time has the management of the aircraft;

“passenger flight” means any flight performed by an aircraft for the international carriage of persons for reward;

“pilot in command”, in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;

“Singapore aircraft” means any aircraft that is registered in Singapore.

(2)  For the purposes of this Part, an aircraft is in flight —

(a) from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when any such door is opened for disembarkation;

(b) if the aircraft makes a forced landing in any country or territory other than Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when the competent authorities of the country or territory in which the forced landing takes place take over responsibility for the aircraft and for the persons and property on board the aircraft; and

(c) if the aircraft makes a forced landing in Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when a police officer arrives at the place of landing,

and any reference in this Act to an aircraft in flight includes a reference to an aircraft during any period when the aircraft is on the surface of the sea or land but not within the territorial limits of any country.

[32/2018]

(3)  For the purpose of subsection (2), the reference to a country or the territorial limits of a country includes a reference to the territorial waters (if any) of that country.

Appointment and training of air marshals

61.—(1)  The Commissioner may appoint any police officer to serve as an air marshal on board any Singapore aircraft.

(2)  The Commissioner must provide for the appropriate training and supervision of all air marshals.

Commissioner may require deployment of air marshals on board Singapore aircraft

62.—(1)  Where the Commissioner has reason to believe that any passenger flight to be performed by a Singapore aircraft presents high security risks, the Commissioner may, by written order served on the operator of that aircraft, require the operator to permit the deployment of one or more air marshals on that passenger flight.

(2)  An order made under subsection (1) may require the operator of the Singapore aircraft to provide seating for the air marshals deployed on the passenger flight to which the order relates without regard to the availability of seats on the flight and at no cost to the Government or the air marshals.

(3)  A person who fails to comply with an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

Powers, rights, immunities and duties of air marshals on board Singapore aircraft outside Singapore

63.—(1)  Every police officer serving as an air marshal on board any Singapore aircraft during a passenger flight has, while the aircraft is in flight elsewhere than in or over Singapore —

(a) the same powers, rights and immunities; and

(b) so far as possible, to perform the same duties,

as when on service in Singapore.

(2)  If an air marshal arrests any person in exercise of the air marshal’s powers under subsection (1), the air marshal may —

(a) if the aircraft ceases flight in any country outside Singapore, hand the person over to the commander of the Singapore aircraft, together with any weapon or article taken from the person, to be dealt with in accordance with the provisions of the Tokyo Convention Act 1971; or

(b) if the aircraft ceases flight in Singapore, hold the person in custody and deal with the person and any weapon or article taken from the person in accordance with the provisions of the Criminal Procedure Code 2010 as if the person were arrested in Singapore.

(3)  Where a female person is to be searched and a female air marshal is not available to conduct the search, the search may be conducted by any female person who is requested by an air marshal to conduct the search.

PART 7

PUBLIC OFFICERS WITH POLICE POWERS AND FORENSIC SPECIALISTS

[Act 43 of 2024 wef 24/03/2025]

[10/2015]

Appointment of Commercial Affairs Officers

64.—(1)  The Minister may appoint such number of persons to be Commercial Affairs Officers as the Minister may think fit.

(2)  A Commercial Affairs Officer may investigate any suspected offence which appears to him or her to have been committed under any written law.

(3)  For the purposes of subsection (2), a Commercial Affairs Officer —

(a) has all the powers of investigation conferred on police officers —

(i) in relation to the investigation of offences under the Criminal Procedure Code 2010^*; or

(ii) under such other written law as the Minister may, by notification in the Gazette, prescribe,

and is deemed to be a police officer not below the rank of inspector for the purposes of those written laws;

(b) may without warrant, arrest any person —

(i) who has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;

(ii) who possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it; or

(iii) who obstructs a Commercial Affairs Officer while that Commercial Affairs Officer is doing his or her duty, or has escaped or tries to escape from the lawful custody of a Commercial Affairs Officer or any other person;

(c) when exercising the powers of investigation under the Criminal Procedure Code 2010^* in relation to an arrestable offence by virtue of paragraph (a), may —

(i) enter any place belonging to or under the control of any person who —

(A) is under arrest in connection with the offence;

(B) is reasonably believed to be connected with the offence; or

(C) is reasonably believed to have given shelter to a person under arrest; and

(ii) search the place for any evidence of the offence;

(d) when lawfully making a search for anything in any place in respect of any offence, may —

(i) lawfully detain every person found there until the search is completed; and

(ii) search each person found in the place for any thing sought if the thing can be concealed on a person;

(e) may, whenever a person is arrested in the following circumstances, search the person and place in safe custody all articles other than necessary wearing apparel found upon the person:

(i) a person who is arrested by a Commercial Affairs Officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail;

(ii) a person who is arrested without warrant by a Commercial Affairs Officer and the person arrested cannot legally be admitted to bail or is unable to furnish bail;

(f) who has reason to believe that a person whom the Commercial Affairs Officer may lawfully arrest is inside any place —

(i) may demand entry to the place and any person residing in or in charge of the place must allow the Commercial Affairs Officer free entry and provide all reasonable facilities for a search in the place;

(ii) may, if entry to the place cannot be gained under sub‑paragraph (i), enter and search the place;

(iii) may, in any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, enter and search the place; and

(iv) may, if the Commercial Affairs Officer is unable to obtain entry to the place despite stating the Commercial Affairs Officer’s authority and purpose and demanding entry to the place, break open any outer or inner door or window of the place or use any other reasonable means to gain such entry;

(g) may break open a place to free himself or herself or any other person who, having lawfully gone inside to make an arrest, is detained in the place;

(h) may release any person on bail or personal bond in accordance with Division 5 of Part 6^* of the Criminal Procedure Code 2010^*; and

(i) may serve on any person (whom the Commercial Affairs Officer has reasonable grounds for believing has committed an offence) a notice to attend court, or require any person to execute a bond to appear before a court, in accordance with Division 6 of Part 6^* of the Criminal Procedure Code 2010^*.

[Act 21 of 2021 wef 01/01/2022]

[*Updated to be consistent with the 2020 Revised Edition]

(3A)  A Commercial Affairs Officer —

(a) when making an arrest under subsection (3)(b), must comply with sections 67, 68, 73, 74, 75 and 76 of the Criminal Procedure Code 2010^*; and

(b) when searching a woman, must comply with section 83(1) of the Criminal Procedure Code 2010^*,

as if the Commercial Affairs Officer were a police officer.

[Act 21 of 2021 wef 01/01/2022]

[*Updated to be consistent with the 2020 Revised Edition]

(3B)  A person arrested by a Commercial Affairs Officer must not be released except on the person’s own bond or on bail, or by a written order of a court or of any Commercial Affairs Officer.

[Act 21 of 2021 wef 01/01/2022]

(3C)  The provisions of Divisions 5 and 6 of Part 6^* of the Criminal Procedure Code 2010^* apply in relation to the exercise of the powers of a Commercial Affairs Officer under subsection (3)(h) or (i) and for that purpose —

(a) any reference to an officer, a police officer or a police officer not below the rank of sergeant is a reference to a Commercial Affairs Officer; and

(b) the reference to the Commissioner of Police in section 92 of the Criminal Procedure Code 2010^* is a reference to the head of the Commercial Affairs Department or a person of a similar rank.

[Act 21 of 2021 wef 01/01/2022]

[*Updated to be consistent with the 2020 Revised Edition]

(3D)  For the purposes of subsection (2), section 25 applies to a Commercial Affairs Officer as if he or she were a police officer.

[Act 21 of 2021 wef 01/01/2022]

(4)  The Commissioner may confer on one or more Commercial Affairs Officers as the Commissioner may determine the powers of an Assistant Superintendent of Police under such written law as the Minister may, by notification in the Gazette, prescribe.

(5)  Apart from this section and section 25, this Act does not apply to a Commercial Affairs Officer.

Intelligence officers

65.—(1)  An intelligence officer is —

(a) deemed to be a police officer for the purposes of any written law and has the powers, protection and immunities of a police officer of a rank corresponding to his or her grade;

(b) entitled to such protection and privilege under section 25 as if he or she were a police officer; and

(c) deemed to be a public servant within the meaning of the Penal Code 1871 when carrying out his or her functions and duties as a police officer.

(2)  Section 25 applies, with the necessary modifications, to an intelligence officer as if the references in that section to a police officer were references to an intelligence officer.

(3)  Apart from this section and section 25, this Act does not apply to any intelligence officer.

(4)  In this section, “intelligence officer” means —

(a) a public officer who is appointed to the Intelligence Service; or

(b) a person who is employed by the Internal Security Department,

and who is designated by the Minister as an intelligence officer for the purposes of this section.

Forensic specialists

65A.—(1)  The Minister may, in writing, appoint any of the following individuals to be forensic specialists:

(a) a public officer (except an operations support officer at grade III, IV or V or other public officer at equivalent grade) who is not a police officer but is employed in the offices of the Police Force or a law enforcement agency;

(b) an individual (who is not a public officer) with suitable qualifications or experience to properly exercise the powers of a forensic specialist.

[10/2015; 5/2018]

(2)  The Minister may at any time revoke an individual’s appointment as a forensic specialist.

[10/2015]

(3)  The Commissioner must issue to each forensic specialist an identification card, which must be carried at all times by the forensic specialist when exercising powers under any provision in this Act or in any other written law.

[10/2015]

(4)  A forensic specialist whose appointment as such ceases must return any identification card issued to him or her under subsection (3) to the Commissioner.

[10/2015]

(5)  A forensic specialist is to be issued with such accoutrements or equipment, or such description of accoutrements or equipment, as the Commissioner may determine to be necessary for the effectual discharge of the duties of a forensic specialist, such as but not limited to handcuffs or cable ties, batons and defensive weapons.

[10/2015]

(6)  A forensic specialist is not a member of the Police Force.

[10/2015]

(7)  An individual mentioned in subsection (1)(b) who is appointed as a forensic specialist under that subsection does not, by virtue only of that appointment, become an employee or agent of the Government.

[10/2015]

(8)  A forensic specialist who is a public officer is subject to the same disqualifications as a police officer as is specified in section 16(1), and any reference in section 16(2) to a police officer includes a reference to a forensic specialist.

[10/2015]

Powers of forensic specialists

65B.—(1)  The Commissioner must, in writing, issue to each forensic specialist an authorisation —

(a) specifying such power as is specified in subsection (3) that the forensic specialist may exercise; and

(b) specifying the police officer or class of police officers, or the law enforcement officer or class of law enforcement officers, the forensic specialist is to assist by the exercise of those powers.

[10/2015]

(2)  However, to avoid doubt, the Commissioner cannot authorise under subsection (1) a forensic specialist to arrest any individual.

[10/2015]

(3)  The powers that a forensic specialist may be authorised under subsection (1) by the Commissioner to exercise may be all or any of the following, and no others:

(a) to secure a crime scene against unauthorised disturbance to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist, including (but not limited to) —

(i) preventing any unauthorised individual, animal or vehicle from disturbing or entering the crime scene;

(ii) restricting entry to the crime scene to people, animals, and vehicles, that are authorised;

(iii) removing any unauthorised individual, animal or vehicle from the crime scene;

(iv) if the crime scene is established in or around a vehicle, preventing the vehicle from being moved;

(v) preventing a thing relevant to the offence to which a crime scene relates from being concealed or disturbed; and

(vi) preventing an individual from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the individual;

(b) to search a crime scene, and any individual at or within the vicinity of the crime scene, to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist, including (but not limited to) any of the following to obtain evidence of the commission of an offence:

(i) opening anything at the crime scene, or in the possession of the individual, that is locked and to inspect anything in it;

(ii) removing or causing to be removed an obstruction from the crime scene;

(iii) digging up anything at the crime scene, removing roofing material, wall or ceiling linings or floors of a building, or panels of a vehicle that is a crime scene;

(iv) photographing or otherwise recording the crime scene and any thing or individual in it;

(v) taking into and using in the crime scene any equipment or facilities that are reasonably necessary in order to search or inspect in accordance with any warrant or the directions of the police officer or law enforcement officer the forensic specialist is so authorised to assist;

(vi) making reasonable use of any equipment, facilities or services in the crime scene to operate the equipment or facilities mentioned in sub‑paragraph (v), and taking electricity, gas, water or any other utility for such use in the crime scene;

(vii) exercising any power of a police officer under sections 34, 35, 39 and 40 of the Criminal Procedure Code 2010 at the crime scene in accordance with any warrant or the directions of the police officer or law enforcement officer the forensic specialist is so authorised to assist;

(c) to seize and detain all or part of a thing that might provide evidence of the commission of an offence to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist;

(d) to do a forensic examination, whether at a crime scene or otherwise, on a thing relevant to an offence or a sample of such a thing;

(e) to carry out any forensic procedure on any individual, whether at a crime scene or otherwise, in accordance with Part 3 of the Registration of Criminals Act 1949, for the purpose of searching for a thing, or evidence of a thing —

(i) that is relevant to an offence that is reasonably suspected to have been committed; and

(ii) the existence or absence of which on or in the body of the individual is relevant to the investigation of the offence;

[Act 26 of 2022 wef 12/06/2023]

(f) to take statements from individuals to the extent directed by the police officer or law enforcement officer the forensic specialist is so authorised to assist, and to require such an individual to make and sign a declaration of the truth of the statement made by the individual;

(g) to exercise such other powers and perform such other duty as may be conferred by any other written law on forensic specialists.

[10/2015]

(4)  The Commissioner’s written authorisation under subsection (1) for a forensic specialist may do all or any of the following:

(a) limit the powers in subsection (3) that the forensic specialist may exercise;

(b) limit when the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;

(c) limit where in Singapore the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;

(d) limit the circumstances in which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;

(e) limit the offences in respect of which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them;

(f) limit the purposes for which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them.

[10/2015]

(5)  A forensic specialist who is authorised under subsection (1) to exercise any power under subsection (3) to assist a police officer or law enforcement officer specified in that authorisation (specially or by class) is —

(a) to exercise that power only to assist the police officer or law enforcement officer, or officer in that class (as the case may be) where the officer is exercising in Singapore a power or discharging any duty, under this Act or any other written law, for purposes of law enforcement; and

(b) to obey all lawful directions (general or specific) of the Commissioner, and that police officer or law enforcement officer (as the case may be), when exercising that power.

[10/2015]

(6)  Without affecting section 25, where any law or written law protects —

(a) a police officer from liability for the police officer’s acts or omissions; or

(b) a law enforcement officer from liability for the law enforcement officer’s acts or omissions,

that law or written law is taken to operate as if those acts or omissions include the forensic specialist’s acts or omissions when acting in the course of his or her duty as a forensic specialist in accordance with the written authorisation of the Commissioner under subsection (1) and with subsection (5).

[10/2015]

(7)  Without affecting section 25, in any action brought against any forensic specialist for anything done in obedience to a warrant, or any forensic specialist acting in the course of his or her duty as such in assisting a law enforcement officer for anything done in obedience to a warrant —

(a) the forensic specialist is not responsible for any irregularity in the issuing of the warrant because of any want of jurisdiction in the court issuing that warrant; and

(b) upon the warrant being produced and proved at the trial of the action and upon it being proved that the act complained of was done in obedience to the warrant, verdict and judgment must be given for the forensic specialist, despite any such irregularity or want of jurisdiction, and the forensic specialist may recover his or her costs,

and this subsection is to apply whether or not it is an action that is brought jointly against the law enforcement officer and forensic specialist.

[10/2015]

(8)  To avoid doubt —

(a) a forensic specialist does not cease to be acting on the direction of a police officer or law enforcement officer by reason only that that officer is not present at all times when the forensic specialist exercises any power under subsection (3);

(b) a forensic specialist is not to be regarded as a member of the Police Force for the purposes of section 14 of the Government Proceedings Act 1956; and

(c) nothing in this section limits the powers of any authority to investigate accidents under any written law for the time being in force relating to air navigation or merchant shipping.

[10/2015]

(9)  A forensic specialist who, in the course of his or her duty as a forensic specialist, exercises any power in subsection (3) in accordance with the written authorisation of the Commissioner under subsection (1) and with subsection (5) is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising such power.

[10/2015]

(10)  In this section —

“crime scene” means —

(a) any place or vehicle where an offence was committed or is reasonably suspected to have been committed; or

(b) any place or vehicle associated with, or relevant to, the commission or suspected commission of an offence;

“forensic examination”, in relation to any thing, means doing all or any of the following:

(a) examining or operating the thing;

(b) photographing, measuring or otherwise making a record of the thing;

(c) taking an impression or making a cast of the thing;

(d) taking samples of or from the thing;

(e) doing tests on the thing, or on any sample taken under paragraph (d), for forensic purposes,

and includes dismantling, damaging or destroying the thing if it is reasonably necessary to do so in order to do all or any of the above;

“forensic procedure”, in relation to an individual, includes doing all or any of the following in relation to the individual:

(a) taking a sample of a nail or from under a nail of an individual;

(b) taking an impression or cast of a wound from the external parts of the individual’s body other than the individual’s private parts;

(c) the taking of physical measurements (whether or not involving marking) for biomechanical analysis of an external part of the body other than the individual’s private parts;

(d) taking of prints of the individual’s hands, fingers, feet or toes;

(e) taking from the individual a sample of blood, a sample of head hair (including the roots thereof) or other body samples within the meaning of the Registration of Criminals Act 1949;

(f) taking a swab, or using other means, to detect a relevant thing on the external parts of the individual’s body other than the individual’s private parts;

(g) searching the individual (including the mouth);

(h) removing any article that the individual is wearing, and searching any article so removed;

(i) removing a relevant thing attached physically to those external parts of the individual’s body or taking a sample of that relevant thing;

(j) photographing any relevant thing in the position it is found on the external parts of the individual’s body, or in the individual’s mouth;

“photograph” includes a digital image and a moving visual record;

“seize and detain”, in relation to any thing at a crime scene, includes a power to remove the thing from the crime scene when it is found and a power to guard the thing in or on the crime scene;

“vehicle” includes a vessel and an aircraft;

“warrant” means a warrant of a court.

[10/2015]

65C.  

[Repealed by Act 43 of 2024 wef 24/03/2025]

65D.  

[Repealed by Act 43 of 2024 wef 24/03/2025]

PART 8

SPECIAL CONSTABULARY

Division 1 — Organisation and duties of Special Constabulary

Constitution of Special Constabulary

66.—(1)  As from 12 October 2004, the Special Constabulary constituted under the repealed Act continues and is deemed to be constituted under this Act.

(2)  The Special Constabulary consists of such number of —

(a) full-time national servicemen enlisted in the Special Constabulary;

(b) operationally ready national servicemen enlisted in the Special Constabulary; and

(c) volunteers and volunteer ex-NSmen enrolled under section 68 as members of the Special Constabulary,

as the Minister may decide.

[10/2015]

(3)  The Special Constabulary consists of such ranks as are organised by or under the authority of the Minister.

Special Constabulary has police powers and duties

67.—(1)  Each of the special police officers specified in subsection (2) —

(a) has all the duties of police officers under this Act;

(b) have all the powers conferred on police officers under any written law; and

[Act 21 of 2021 wef 01/01/2022]

(c) is entitled to such protection and privilege under section 25,

as if he or she were a police officer of corresponding rank.

(2)  A special police officer has the powers and duties and is entitled to the protection and privileges of police officers referred to in subsection (1) for the following duration:

(a) in the case of a full-time national serviceman enlisted in the Special Constabulary, from the time his liability to report for enlistment or national service arises until such time as he is lawfully discharged or released;

(b) in the case of an operationally ready national serviceman enlisted in the Special Constabulary, from the time he is ordered to report for enlistment or service (whether or not he has complied with such an order) and while in uniform or performing duty in the Special Constabulary under section 14 of the Enlistment Act 1970, and while called out for mobilised service under sections 16 and 17 of that Act;

(c) in the case of a volunteer or a volunteer ex‑NSman enrolled under section 68 as a member of the Special Constabulary, during the period he is ordered to report for duty (whether or not he has complied with such an order), or he volunteers for duty to assist the Police Force in the execution of its duties.

[10/2015]

(3)  Without affecting subsections (1) and (2), every special police officer when mobilised for active service under section 73 has the same powers and duties and the same protection and immunities as a police officer of corresponding rank.

Enrolment of volunteers, etc.

68.—(1)  Subject to subsection (2), the Commissioner may enrol in the Special Constabulary any volunteer offering his or her service and desiring to serve as a member of the Special Constabulary.

[10/2015]

(2)  A volunteer who is not a citizen of Singapore must not be enrolled under subsection (1) without the approval of the Minister.

(3)  Despite subsection (2), the Commissioner may enrol under this section, as a volunteer ex‑NSman in the Special Constabulary, any former operationally ready national serviceman who had enlisted in the Special Constabulary where —

(a) the Commissioner wants that former operationally ready national serviceman to continue to serve as a member of the Special Constabulary; and

(b) the operationally ready national serviceman is offering his service.

[10/2015]

(4)  A special police officer who is a volunteer or a volunteer ex‑NSman may be paid such emoluments as the Minister may authorise.

[10/2015]

Applicability of Enlistment Act 1970 to volunteer ex-NSmen

68A.—(1)  The provisions of sections 14, 15, 21, 22, 23, 24, 25 and 30 of the Enlistment Act 1970 affecting any person who is liable for operationally ready national service apply (so far as relevant) to any special police officer who is a volunteer ex‑NSman as if the volunteer ex‑NSman were an individual liable for operationally ready national service, with such prescribed exceptions, modifications and adaptations as the differences between an operationally ready national serviceman and a volunteer ex‑NSman require.

[10/2015]

[Act 10 of 2024 wef 01/05/2024]

(2)  The provisions of any other existing law that relate to an individual liable for operationally ready national service have effect as if any reference in that existing law to any such individual also includes a reference to any volunteer ex‑NSman, with such prescribed exceptions, modifications and adaptations as the differences between this Part and that existing law require.

[10/2015]

(3)  In this section, “existing law” means any written law having effect as part of the law of Singapore immediately before 1 June 2015.

[10/2015]

Appointments, promotions and dismissals

69.—(1)  The Minister may do the following:

(a) appoint or promote a special police officer to the rank of superintendent or above;

(b) reduce the rank of, dismiss or discharge a special police officer of the rank of superintendent or above.

[Act 31 of 2022 wef 01/11/2022]

(2)  The Commissioner or a Deputy Commissioner may do the following:

(a) appoint or promote a special police officer to the rank of deputy superintendent or below;

(b) reduce the rank of, dismiss or discharge a special police officer of the rank of deputy superintendent or below.

[Act 31 of 2022 wef 01/11/2022]

(3)  A person who has been called up for national service in the Special Constabulary must not be discharged under subsection (1) or (2) except with the prior approval of the proper authority appointed under the Enlistment Act 1970.

[Act 21 of 2021 wef 01/01/2022]

Oath or affirmation

70.—(1)  Every person enrolled under section 68 must take an oath or affirmation in such form as the Minister may prescribe before a police officer not below the rank of assistant superintendent.

(1A)  To avoid doubt, where an oath or affirmation is required to be taken under subsection (1), a person may take the oath or affirmation by appearing before the police officer administering the oath or affirmation through a live video link or live television link created using a remote communication technology that allows the police officer administering the oath or affirmation to —

(a) maintain visual contact and communicate with the person taking the oath or affirmation, and any interpreter present, throughout the process; and

(b) confirm the identity of the person taking the oath or affirmation, and any interpreter present.

[Act 25 of 2023 wef 01/12/2023]

(2)  A person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)  This section does not apply to national servicemen or operationally ready national servicemen.

Warrant card

71.  A warrant card must be issued to every special police officer deployed to perform duties that require the exercise of the powers of a police officer, and is evidence of his or her appointment under this Act.

[Act 21 of 2021 wef 01/01/2022]

Discharge from Special Constabulary

72.—(1)  [Deleted by Act 21 of 2021 wef 02/09/2022]

(2)  A special police officer referred to in section 66(2)(a) or (b) shall be discharged from the Special Constabulary as follows:

(a) from continuous full-time service in the Special Constabulary when —

(i) he has completed the period of full-time service prescribed by the Enlistment Act 1970^*;

(ii) he is transferred from the Special Constabulary to another force specified by the proper authority in a notice given to him;

(iii) he is exempted by notice under section 29 of the Enlistment Act 1970^* from his liability to render full-time service in the Special Constabulary and is given the notice; or

(iv) he ceases to be a person subject to the Enlistment Act 1970^*;

(b) from operationally ready national service in the Special Constabulary when —

(i) he is transferred from the Special Constabulary to another force specified by the proper authority in a notice given to him;

(ii) he is exempted by notice under section 29 of the Enlistment Act 1970^* from his liability to render operationally ready national service in the Special Constabulary and is given the notice; or

(iii) he ceases to be a person subject to the Enlistment Act 1970^*.

[Act 21 of 2021 wef 02/09/2022]

[*Updated to be consistent with the 2020 Revised Edition]

(3)  Any volunteer or volunteer ex‑NSman is entitled, except when mobilised under section 73, to be discharged from the Special Constabulary —

(a) after giving to the Commissioner —

(i) in the case of a volunteer ex-NSman, at least 3 months’ notice in writing of his intention to resign from the Special Constabulary; or

(ii) in any other case, at least 14 days’ notice in writing of his or her intention to resign from the Special Constabulary; and

[10/2015]

(b) upon delivering to the Commissioner in good order (fair wear and tear only excepted) any of the following that belongs to the Government, is issued to the volunteer or volunteer ex-NSman and is in his possession:

(i) arms and ammunition;

(ii) any other article or property specified in the Police General Orders in section 118 or the Force Orders in section 119.

[Act 21 of 2021 wef 02/09/2022]

(3A)  The Commissioner may, without notice, discharge any special police officer who is a volunteer ex‑NSman; but this does not prevent him from offering his service and being enrolled subsequently as a volunteer under section 68(1).

[10/2015]

(3B)  Every special police officer must, before leaving the Special Constabulary because of his resignation, dismissal, discharge or otherwise, deliver up in good order (fair wear and tear only excepted) any of the following that belongs to the Government, is issued to the special police officer and is in his possession:

(a) arms and ammunition;

(b) any other article or property specified in the Police General Orders in section 118 or the Force Orders in section 119.

[Act 21 of 2021 wef 02/09/2022]

(4)  Nothing in this section is deemed to affect or limit any power of dismissal from the Special Constabulary conferred by or under this Act.

Mobilisation

73.—(1)  With the permission of the Minister, the Commissioner may mobilise for active service the Special Constabulary or any part thereof to perform either general or special police duties.

(2)  Such active service must continue until an order is made by the Commissioner with the approval of the Minister stating the date of demobilisation.

(3)  Every special police officer who is so mobilised must assemble at such place and perform such service as the Commissioner or a Deputy Commissioner directs.

[10/2015]

Penalty for refusal to serve when mobilised

74.—(1)  A special police officer mobilised for active service who without reasonable excuse, the proof whereof shall lie on him or her, refuses or neglects to serve shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(2)  Any police officer may arrest without warrant any person where he or she believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Division 2 — Discipline in Special Constabulary

Absence without leave by special police officer

75.—(1)  A special police officer referred to in section 66(2)(a) or (b), or who is a volunteer ex-NSman, who is absent without leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

[10/2015]

(2)  A special police officer referred to in section 66(2)(a) or (b), or who is a volunteer ex‑NSman, is absent without leave if he —

(a) without authority leaves his place of duty;

(b) without authority is absent from his place of duty;

(c) having been authorised to be absent from his place of duty, fails to return to his place of duty at the end of the period for which his absence was authorised; or

(d) having been notified to report for duty fails to report to his place of duty without lawful excuse.

[10/2015]

(3)  It is a defence for any person charged with an offence under this section to prove that his absence was a result of circumstances over which he had no control.

(4)  Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Desertion by special police officer

76.—(1)  A special police officer referred to in section 66(2)(a) or (b), or who is a volunteer ex‑NSman, who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to imprisonment for a term not exceeding 10 years, and all arrears of emoluments due to him shall be forfeited.

[10/2015]

(2)  For the purposes of this section, a person deserts if he, being on duty, or having been notified to report for duty, without leave does not attend at or leaves his place of duty in circumstances which show that he has the intention to remain permanently absent without leave or of not returning to his duty.

(3)  Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).

Prosecutions for disciplinary offences

77.—(1)  A special police officer accused of any disciplinary offence may, instead of being dealt with under section 81 or 82, be prosecuted in court.

(2)  A special police officer mentioned in subsection (1) shall on conviction of a disciplinary offence be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)  No prosecution under this section shall be instituted without the consent of the Public Prosecutor.

[15/2010]

Disciplinary proceedings after conviction

78.—(1)  Where a special police officer below the rank of superintendent is convicted under the provisions of any other written law of an offence, the Commissioner may, unless the conviction is set aside on appeal, and after giving the officer a reasonable opportunity to be heard —

(a) reduce the special police officer in rank, grade or seniority; or

(b) dismiss the special police officer from the Special Constabulary if he or she is a volunteer or a volunteer ex‑NSman.

[10/2015]

[Act 21 of 2021 wef 01/01/2022]

(2)  Where a special police officer not below the rank of superintendent is convicted under the provisions of any other written law of an offence, the Minister may, unless the conviction is set aside on appeal, and after giving the officer a reasonable opportunity to be heard —

(a) reduce the special police officer in rank, grade or seniority; or

(b) dismiss the special police officer from the Special Constabulary if he or she is a volunteer or a volunteer ex‑NSman.

[10/2015]

[Act 21 of 2021 wef 01/01/2022]

(3)  Where a special police officer is dismissed following any conviction referred to in subsection (1) or (2), the Commissioner or Minister (as the case may be) may order the forfeiture of any arrears of emoluments due to the special police officer.

[10/2015]

Interdiction

79.—(1)  A special police officer may be interdicted from the performance of duty by the Commissioner where —

(a) the special police officer is charged in court for an offence and the Commissioner is of the opinion that the nature and gravity of the offence warrants that officer’s interdiction;

(b) the special police officer is being investigated for having committed an offence under any written law and the Commissioner considers that it is undesirable for that officer to continue to exercise the powers or perform the duties of a special police officer;

(c) disciplinary proceedings under this Part that may result in the special police officer’s dismissal or reduction in rank are or are to be instituted under this Part; or

(d) the Commissioner considers that it is otherwise in the public interest that the special police officer should immediately cease to exercise the powers and perform the duties of a police officer.

[10/2015]

(2)  Where a special police officer has been interdicted under subsection (1), the Commissioner may order that the whole or any part of the special police officer’s emoluments that the Commissioner thinks fit be withheld during the period of interdiction.

[10/2015]

(3)  If the disciplinary proceedings under this Act against a special police officer who is interdicted under subsection (1) do not result in his or her dismissal or discharge, the special police officer is entitled to receive —

(a) if the special police officer is reduced in rank or otherwise disciplined — the whole or such proportion of the emoluments withheld during the period of interdiction as the Commissioner may determine; or

(b) if the special police officer is acquitted — the full amount of the emoluments or the part thereof withheld during the period of interdiction.

[10/2015]

No resignation when disciplinary proceedings are pending

80.  Despite any other provision of this Act, a special police officer must not, without the written permission of the Commissioner, resign from the Special Constabulary during the period —

(a) when any disciplinary proceedings for a disciplinary offence or any prosecution for an offence under this Part instituted against the special police officer is pending;

(b) after notice of intention to prefer disciplinary charges or to prosecute the special police officer for an offence under this Part is given to the special police officer; or

(c) where the special police officer has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.

Division 3 — Special provision for volunteers

Discipline of volunteer special police officers and volunteer ex‑NSmen

81.—(1)  A special police officer who is a volunteer or a volunteer ex‑NSman and below the rank of assistant superintendent may be disciplined by —

(a) a police officer not below the rank of assistant superintendent; or

(b) a special police officer not below the rank of assistant superintendent,

in accordance with this Act and the Special Constabulary Regulations.

[10/2015]

(2)  A special police officer who is a volunteer or a volunteer ex‑NSman and of or above the rank of assistant superintendent may be disciplined in accordance with this Act and the Special Constabulary Regulations by any police officer below the rank of Deputy Commissioner but of a higher rank than the special police officer concerned.

[10/2015]

(3)  Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer who is a volunteer or a volunteer ex‑NSman and below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments:

(a) dismissal from the Special Constabulary;

(b) detention of a volunteer ex-NSman for a period not exceeding 40 days;

(c) reduction in rank, grade or seniority;

(d) forfeiture of emoluments as follows:

(i) up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman;

(ii) up to 8 hours’ emoluments for a special police officer who is a volunteer;

(e) reprimand;

(f) stoppage of leave for a special police officer who is a volunteer ex‑NSman;

(g) restriction of privileges for a special police officer who is a volunteer ex‑NSman;

(h) extra duty for a special police officer who is a volunteer ex‑NSman;

(i) caution.

[10/2015]

(4)  Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer who is a volunteer or a volunteer ex‑NSman and not below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments:

(a) dismissal from the Special Constabulary;

(b) reduction in rank, grade or seniority;

(c) forfeiture of emoluments as follows:

(i) up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman;

(ii) up to 8 hours’ emoluments for a special police officer who is a volunteer;

(d) stoppage or deferment of increment (of up to 2 years) for a special police officer who is a volunteer ex‑NSman;

(e) reprimand.

[10/2015]

(5)  A reprimand must not be awarded against a special police officer of the rank of constable, and a caution must not be awarded against a special police officer above the rank of corporal.

(6)  A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (3) or (4), order the special police officer concerned to pay —

(a) in the case of a special police officer below the rank of senior staff sergeant — a fine not exceeding $1,500;

(b) in the case of a special police officer of the rank of senior staff sergeant or higher but below the rank of assistant superintendent — a fine not exceeding $2,000;

(c) in the case of a special police officer of the rank of assistant superintendent or deputy superintendent — a fine not exceeding $3,000;

(d) in the case of a special police officer of the rank of superintendent or deputy assistant commissioner — a fine not exceeding $6,000; or

(e) in the case of a special police officer of the rank of assistant commissioner or higher — a fine not exceeding $10,000.

[Act 21 of 2021 wef 02/09/2022]

(7)  In addition to any punishment specified in subsections (3), (4) and (6), if a disciplinary officer finds any special police officer who is a volunteer ex‑NSman guilty of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, the disciplinary officer may order that special police officer concerned to pay compensation to make good, either partially or wholly, the value of such property or the amount of such loss or damage.

[10/2015]

(8)  In assessing the amount to be paid by way of compensation ordered under subsection (7), a disciplinary officer must have regard to the emoluments of the special police officer concerned, and any order under that subsection does not affect any right to any civil remedy for the recovery of damages beyond the amount of compensation so ordered.

[10/2015]

(9)  The value or amount ordered to be made good by a special police officer under subsection (7) is recoverable as a debt due to the Government from that special police officer and be payable to the Police Fund established under Part 10.

[10/2015]

(10)  A disciplinary officer authorised to impose detention as punishment under this section with respect to special police officers may order the detention as follows of a special police officer who is a volunteer ex‑NSman and ordered under subsection (6), on or after 1 June 2015, to pay a fine and who defaults in payment:

(a) if the fine is $300 or lower, detention for not more than 10 days;

(b) if the fine exceeds $300 but does not exceed $1,000, detention for a period not exceeding 20 days;

(c) in any other case, detention for not more than 40 days or until the fine is paid.

[10/2015; 53/2018]

(11)  Any detention ordered under subsection (10) against a special police officer who is a volunteer ex‑NSman is to start on such date as the disciplinary officer may specify in the order but must end earlier if the special police officer pays the fine in full.

[10/2015]

(12)  Any special police officer against whom any order is made by a disciplinary officer under subsection (3), (4), (6), (7) or (10) may, not later than the 30th day after the date the order is served on the special police officer, appeal to the Commissioner or a Deputy Commissioner against any punishment imposed by that order or against any finding of guilt therein.

[10/2015]

(13)  In every case where an appeal has been lodged under subsection (12) against any order under subsection (3), (4), (6) or (7), the punishment awarded by that order is suspended pending the determination of the appeal.

[10/2015]

(14)  The Commissioner or a Deputy Commissioner (as the case may be) may determine an appeal under subsection (12) against an order of a disciplinary officer —

(a) by confirming any finding of guilt or punishment ordered by the disciplinary officer;

(b) by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Commissioner or Deputy Commissioner is of the opinion that the case against the appellant should be re-tried, by ordering the case to be re‑tried by another disciplinary officer;

(c) by replacing any finding by the disciplinary officer that, in the opinion of the Commissioner or Deputy Commissioner, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or

(d) by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard.

[10/2015]

(15)  Every decision of the Commissioner or a Deputy Commissioner (as the case may be) under subsection (14) in any such appeal is final.

[10/2015]

(16)  A person sentenced to detention under this section must, unless otherwise provided for in the Special Constabulary Regulations, serve his or her sentence in a detention barrack.

[10/2015]

Division 4 — Special provisions for national servicemen

Discipline of other special police officers

82.—(1)  A special police officer (other than a volunteer or a volunteer ex‑NSman) who is below the rank of assistant superintendent may be disciplined by —

(a) a police officer not below the rank of assistant superintendent; or

(b) a special police officer not below the rank of assistant superintendent,

in accordance with this Act and the Special Constabulary Regulations.

[10/2015]

(2)  A special police officer (other than a volunteer or a volunteer ex‑NSman) of or above the rank of assistant superintendent may be disciplined in accordance with this Act and the Special Constabulary Regulations by any police officer below the rank of Deputy Commissioner but of a higher rank than the special police officer concerned.

[10/2015]

(3)  Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex‑NSman) below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments:

(a) detention for a period not exceeding 40 days;

(b) reduction in rank, grade or seniority;

(c) forfeiture of up to 14 days’ emoluments;

(d) reprimand;

(e) stoppage of leave;

(f) restriction of privileges;

(g) extra duty;

(h) caution.

[10/2015]

(4)  Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex-NSman) not below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that such special police officer be subject to any one of the following punishments:

(a) reduction in rank, grade or seniority;

(b) forfeiture of up to 14 days’ emoluments;

(c) stoppage of increment for up to 2 years;

(d) reprimand.

[10/2015]

(5)  A reprimand must not be awarded against a special police officer of the rank of constable, and a caution must not be awarded against a special police officer above the rank of corporal.

(6)  A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (3) or (4), order the special police officer concerned to pay —

(a) in the case of a special police officer below the rank of senior staff sergeant — a fine not exceeding $1,500;

(b) in the case of a special police officer of the rank of senior staff sergeant or higher but below the rank of assistant superintendent — a fine not exceeding $2,000;

(c) in the case of a special police officer of the rank of assistant superintendent or deputy superintendent — a fine not exceeding $3,000;

(d) in the case of a special police officer of the rank of superintendent or deputy assistant commissioner — a fine not exceeding $6,000; or

(e) in the case of a special police officer of the rank of assistant commissioner or higher — a fine not exceeding $10,000.

[53/2018]

(7)  In addition to any punishment specified in subsections (3), (4) and (6), if a disciplinary officer finds any special police officer guilty of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, the disciplinary officer may order that special police officer concerned to pay compensation to make good, either partially or wholly, the value of such property or the amount of such loss or damage.

[10/2015]

(8)  In assessing the amount to be paid by way of compensation ordered under subsection (7), a disciplinary officer must have regard to the emoluments of the special police officer concerned, and any order under that subsection does not affect any right to any civil remedy for the recovery of damages beyond the amount of compensation so ordered.

[10/2015]

(9)  The value or amount ordered to be made good by a special police officer under subsection (7) is recoverable as a debt due to the Government from that special police officer and be payable to the Police Fund established under Part 10.

[10/2015]

(10)  A disciplinary officer authorised to impose detention as punishment under this section with respect to special police officers may order the detention as follows of a special police officer who is ordered under subsection (6), on or after 1 June 2015, to pay a fine and who defaults in payment:

(a) if the fine is $300 or lower, detention for not more than 10 days;

(b) if the fine exceeds $300 but does not exceed $1,000, detention for a period not exceeding 20 days;

(c) in any other case, detention for not more than 40 days or until the fine is paid.

[10/2015; 53/2018]

(11)  Any detention ordered under subsection (10) against a special police officer is to start on such date as the disciplinary officer may specify in the order but must end earlier if the special police officer pays the fine in full.

[10/2015]

(12)  Any special police officer against whom any order is made by a disciplinary officer under subsection (3), (4), (6), (7) or (10) may, not later than the 30th day after the date the order is served on the special police officer, appeal to the Commissioner or a Deputy Commissioner against any punishment imposed by that order or against any finding of guilt therein.

[10/2015]

(13)  In every case where an appeal has been lodged under subsection (12) against any order under subsection (3), (4), (6), (7) or (10), the punishment awarded by that order is suspended pending the determination of the appeal.

[10/2015]

(14)  The Commissioner or a Deputy Commissioner (as the case may be) may determine an appeal under subsection (12) against an order of a disciplinary officer —

(a) by confirming any finding of guilt or punishment ordered by the disciplinary officer;

(b) by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Commissioner or Deputy Commissioner is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re‑tried by another disciplinary officer;

(c) by replacing any finding by the disciplinary officer that, in the opinion of the Commissioner or Deputy Commissioner, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or

(d) by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard.

[10/2015]

(15)  Every decision of the Commissioner or a Deputy Commissioner (as the case may be) under subsection (14) in any such appeal is final.

[10/2015]

(16)  A sentence of detention imposed as a punishment under subsection (3)(a) takes effect from the date on which it was passed, unless the disciplinary officer passing the sentence otherwise directs.

(17)  A person sentenced to detention under this Act must, unless otherwise provided for in the Special Constabulary Regulations, serve his or her sentence in a detention barrack.

Arrest for disciplinary offences after discharge

83.  The Commissioner, or a commanding officer in relation to a person who is a former special police officer discharged from the Special Constabulary in the circumstances specified in section 72(2), may issue a warrant for the arrest of the person where the Commissioner or commanding officer —

(a) suspects, on reasonable grounds, that the person has committed a disciplinary offence or an offence under this Part before the person’s discharge; and

(b) believes, on reasonable grounds, that the arrest of the person is necessary to ensure the appearance of the person before a disciplinary officer or that the person will not appear before a disciplinary officer.

Disciplinary proceedings after discharge

84.—(1)  Subject to section 115, where an offence under this Part or a disciplinary offence has been committed, or is reasonably suspected of having been committed, by any special police officer (other than a volunteer) before his discharge from the Special Constabulary in the circumstances specified in section 72(2), then despite the discharge, he must be treated, in relation to that offence, for the purposes of this Act relating to —

(a) arrest, keeping in custody, investigation of charges; and

(b) trial and punishment by a disciplinary officer, including review and execution of sentences,

as if he is still a member of the Special Constabulary and a special police officer and as continuing to be subject to this Act.

(1A)  Without limiting subsection (1), a disciplinary officer may order the person treated under subsection (1) as continuing to be subject to this Act to appear before the disciplinary officer on the date and at the time appointed by the disciplinary officer for the purpose of any disciplinary proceedings in relation to the disciplinary offence concerned.

[Act 21 of 2021 wef 02/09/2022]

(1B)  A person who fails to comply with any order under subsection (1A) is deemed to have committed a disciplinary offence.

[Act 21 of 2021 wef 02/09/2022]

(2)  Where, while a person is in service custody by virtue of this section (whether before, during or after trial) he commits, or is reasonably suspected of having committed, an offence which if he were subject to this Act would be a service offence, then in relation to that offence or suspected offence he must be treated, for the purposes of this Act mentioned in subsection (1) and the provisions thereof as to the dealing with charges by a disciplinary officer, as having been subject to this Act when the offence was committed or is suspected of having been committed and as continuing to be subject to this Act thereafter.

(3)  Where under subsection (1) or (2) a person is treated as not being discharged from the Special Constabulary for the purpose of any provision of this Act, the person —

(a) where the person was a national serviceman or an operationally ready national serviceman, must be regarded as having the rank he held on the day of his discharge or release as a national serviceman or an operationally ready national serviceman if he is no more liable for full‑time service or operationally ready national service (as the case may be) under the Enlistment Act 1970; and

(b) where the person remains liable to render operationally ready national service under the Enlistment Act 1970, must be regarded as having the rank he holds as an operationally ready national serviceman at the date of disciplinary proceedings or trial for such offence under this Part or disciplinary offence.

Division 5 — Miscellaneous

Composition of disciplinary offences

84A.—(1)  Where a special police officer is alleged to have committed a disciplinary offence that is prescribed as a compoundable offence (called in this section a prescribed offence), the disciplinary officer may, instead of dealing with the special police officer under section 81 or 82 (as the case may be), refer the alleged offence to any police officer or public officer authorised by the Commissioner to compound offences (called in this section an authorised composition officer) for the composition of the offence under this section.

(2)  Subject to subsection (3), any authorised composition officer may compound a prescribed offence by collecting from a special police officer 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 authorised to be imposed by a disciplinary officer on the special police officer for the offence under this Part;

(b) $5,000.

(3)  An authorised composition officer must not compound a prescribed offence reasonably suspected to have been committed by a special police officer who is in the same chain of command as the authorised composition officer.

(4)  On payment of the sum of money under subsection (2), no further proceedings are to be taken against that special police officer in respect of the prescribed offence.

(5)  All sums collected for the composition of a disciplinary offence under this Act must be paid into the Consolidated Fund.

[Act 24 of 2022 wef 28/10/2022]

Special Constabulary Regulations

85.—(1)  The Minister may make regulations necessary or expedient for the carrying out of the purposes of this Part.

(2)  Without limiting subsection (1), the Minister may make regulations for or with respect to special police officers on all or any of the following matters:

(a) uniform and equipment;

(b) arms to be carried;

(c) training;

(d) duties and responsibilities when not mobilised for service;

(e) the manner of mobilisation and of discontinuing the same;

(f) the investigation into, the conduct of disciplinary proceedings and the awarding of punishment, for disciplinary offences which may be dealt with by a disciplinary officer, including but not limited to —

(i) the procedure to be observed in the bringing of charges before a disciplinary officer;

(ii) the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating or dealing with such charges;

(iii) the addition to, or substitution for, a charge which has been investigated or a new charge for a disciplinary offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge;

(iv) the procedure to be observed in disciplinary proceedings before a disciplinary officer; and

(v) empowering a disciplinary officer to amend a charge which is being heard by the disciplinary officer;

(g) the classification, treatment, employment, discipline and control of special police officers serving sentences of detention, including the temporary or other release from detention for good conduct while in detention, for compassionate grounds or otherwise;

(h) salaries and allowances;

(i) awards in respect of death and personal injuries;

(j) duties and responsibilities of members called up for national service or other service with the Special Constabulary;

(k) any other matter which by this Part is required or permitted to be prescribed.

[10/2015]

(3)  All Special Constabulary Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

PART 9

AUXILIARY POLICE FORCES

Division 1 — Preliminary

Interpretation of this Part

85A.—(1)  In this Part, unless the context otherwise requires —

“5% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —

(a) holds 5% or more, but less than 25%, of the total equity interests in the employer; or

(b) is in a position to control 5% or more, but less than 25%, of the voting power in the employer;

“25% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —

(a) holds 25% or more, but less than 50%, of the total equity interests in the employer; or

(b) is in a position to control 25% or more, but less than 50%, of the voting power in the employer;

“50% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —

(a) holds 50% or more of the total equity interests in the employer; or

(b) is in a position to control 50% or more of the voting power in the employer;

“75% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —

(a) holds 75% or more of the total equity interests in the employer; or

(b) is in a position to control 75% or more of the voting power in the employer;

“acquisition” includes an agreement to acquire, but does not include —

(a) an acquisition by will or by operation of law; or

(b) an acquisition by way of enforcement of a security for any loan or other debt;

“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;

“chief executive officer”, in relation to a company or an organisation that is the employer of an Auxiliary Police Force, means the person principally responsible for the management and conduct of any type of business of the company or organisation in Singapore, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer;

“control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights;

“director” has the meaning given by section 4(1) of the Companies Act 1967^*;

“employer”, in sections 88, 88A, 88B and 88C and Division 1C, does not include the Government or a statutory body which creates an Auxiliary Police Force;

“equity interest” means —

(a) in relation to a company — a voting share in that company; and

(b) in relation to an organisation other than a company — any right or interest, whether legal or equitable, in that organisation (by whatever name called) which gives the holder of that right or interest voting power in that organisation;

“indirect controller”, in relation to an employer of an Auxiliary Police Force, means any person, whether acting alone or together with any other person, and with or without holding any equity interests or controlling the voting power in the employer —

(a) whose directions, instructions or wishes the directors or other officers of the employer are accustomed or under an obligation, whether formal or informal, to act in accordance with; or

(b) who is in a position to determine the policy of the employer,

but does not include any of the following:

(c) any person who is the chief executive officer, a director or the chairman of the employer whose appointment as such is approved or deemed approved under section 87;

(d) any person whose directions, instructions or wishes the directors or other officers of the employer are accustomed to act in accordance with by reason only that they act on advice given by the person in that person’s professional capacity;

“limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005^*;

“treasury share” has the meaning given by section 4(1) of the Companies Act 1967^*;

“unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018;

“voting share” has the meaning given by section 4(1) of the Companies Act 1967^* but does not include a treasury share.

[*Updated to be consistent with the 2020 Revised Edition]

(2)  A reference in this Part to the control of a percentage of the voting power in an employer of an Auxiliary Police Force is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the employer.

(3)  In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded.

[Act 21 of 2021 wef 02/09/2022]

Meaning of holding an equity interest

85B.—(1)  A person holds an equity interest under this Part if the person —

(a) has or is deemed to have an equity interest in accordance with subsections (2) to (6); or

(b) otherwise has a legal or an equitable interest in that equity interest,

except for any interest prescribed by regulations made under section 104 as an interest that is to be disregarded.

(2)  Subject to subsection (3), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest.

(3)  It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (2) is, or is capable of being made, subject to restraint or restriction.

(4)  It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, or an interest or a right that gives its holder voting power.

(5)  A person is also deemed to have an equity interest if that person —

(a) has entered into a contract to purchase the equity interest;

(b) has a right to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not;

(c) has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or

(d) is entitled (otherwise than by reason of having been appointed a proxy or representative to vote (as the case may be) at a general meeting of an employer of an Auxiliary Police Force) to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or an equitable interest.

(6)  A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person.

(7)  Regulations made under section 104 may provide that any equity interest has to be disregarded for the purposes of this section or any subsection of this section.

[Act 21 of 2021 wef 02/09/2022]

Division 1A — Creation of Auxiliary Police Forces

[Act 21 of 2021 wef 02/09/2022]

Creation of Auxiliary Police Forces

86.—(1)  The Commissioner may, with the approval of the Minister, authorise the creation by the Government or any statutory body, or by any company or other organisation carrying on business within Singapore (called in this Part the employer), of one or more Auxiliary Police Forces for all or any of the following purposes:

(a) to safeguard life and any property of the employer;

(b) to safeguard life and any property of any other person in Singapore;

(c) to assist the Police Force in the maintenance of law and order and the detention or arrest of individuals that police officers are authorised to apprehend;

(d) to assist any department of the Government or any statutory body in the discharge of any duty imposed or function conferred under any written law;

(e) to carry out such security activity as the Commissioner may approve.

[10/2015]

(2)  The Commissioner may, in authorising the creation of an Auxiliary Police Force under subsection (1), impose any conditions that the Commissioner thinks fit.

(3)  Without limiting subsection (2), the conditions that may be imposed under that subsection in relation to an Auxiliary Police Force include —

(a) restricting the Auxiliary Police Force to carrying out only such security activity as the Commissioner may specify in the authorisation under subsection (1);

(b) requiring that the approval of the Commissioner be first obtained before the Auxiliary Police Force carries out any new security activity in the course of business or for remuneration;

(c) requiring the employer of the Auxiliary Police Force to pay an annual fee of a prescribed amount to the Commissioner; and

(d) where the employer is other than the Government or a statutory body —

(i) requiring at least one-half of the voting shares of the company or organisation to be held by Singapore citizens; and

(ii) [Deleted by Act 21 of 2021 wef 02/09/2022]

(3A)  It is a condition of any authorisation for the creation of an Auxiliary Police Force under subsection (1) (whether the authorisation is given before, on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021) that the employer of the Auxiliary Police Force must give written notice to the Commissioner within 7 days after the employer first becomes aware that any person —

(a) whether by a series of transactions over a period of time or otherwise, has become on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021, a 5% controller, a 25% controller, a 50% controller or an indirect controller of the employer; or

(b) has ceased, on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021, to be a 50% controller or a 75% controller of the employer.

[Act 21 of 2021 wef 02/09/2022]

(4)  The Commissioner may at any time, by written notice to the employer of the Auxiliary Police Force concerned, vary or revoke any condition imposed under subsection (2) or impose any additional condition on an employer of an Auxiliary Police Force.

[Act 21 of 2021 wef 02/09/2022]

(4A)  Any condition imposed under subsection (2), or varied or revoked or added to under subsection (4), has effect despite any other written law or anything contained in the memorandum or articles of association, or other constitution, of an employer.

[Act 21 of 2021 wef 02/09/2022]

(5)  Before varying or revoking any condition or imposing additional conditions on an employer of an Auxiliary Police Force under subsection (4), the Commissioner must notify the employer of the Commissioner’s intention to do so and must give the employer an opportunity to be heard as to why the conditions should not be so varied or revoked or the additional conditions should not be imposed, as the case may be.

[Act 21 of 2021 wef 02/09/2022]

(6)  Any decision of the Commissioner under subsection (5) in relation to an Auxiliary Police Force does not take effect —

(a) until the 31st day after the date on which the decision is communicated to the employer of the Auxiliary Police Force concerned; or

(b) where an appeal against the decision is made to the Minister under subsection (7), until the appeal has been determined or withdrawn.

(7)  Any employer of an Auxiliary Police Force who is aggrieved by the decision of the Commissioner under subsection (2) or (4) may, within 30 days after receiving notice of the Commissioner’s decision, appeal against the decision in writing to the Minister.

(8)  The decision of the Minister on an appeal under subsection (7) is final.

(9)  The Minister may designate any of the following to hear and determine, in the Minister’s place, any appeals or a specific appeal under this section:

(a) any Minister of State or Parliamentary Secretary for the Minister’s Ministry;

(b) any public officer in that Ministry not subordinate to the Commissioner whose decision is appealed against,

and any reference in this section to the Minister includes a reference to the Minister of State, Parliamentary Secretary or public officer so designated for that appeal.

[10/2015]

(10)  [Deleted by Act 21 of 2021 wef 02/09/2022]

Offence for carrying on or advertising security activity

86A.—(1)  Any person who —

(a) is not an employer of an Auxiliary Police Force the creation of which is authorised by the Commissioner under section 86(1); and

(b) does any of the following:

(i) in the course of any business carry on any security activity;

(ii) advertise or in any way hold out that the person carries on, or is willing to carry on, for a fee or reward any security activity,

shall be guilty of an offence.

(2)  A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a) in the case of an individual —

(i) to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; and

(ii) in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or

(b) in any other case —

(i) to a fine not exceeding $1 million; and

(ii) in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.

[Act 21 of 2021 wef 02/09/2022]

Division 1B — Monitoring control of certain employers of Auxiliary Police Force

[Act 21 of 2021 wef 02/09/2022]

Special features of employer of Auxiliary Police Force

87.—(1)  A person (other than the Government or a statutory body) must not acquire, on or after the date of commencement of section 21 of the Police Force (Amendment) Act 2021, as a going concern the business or undertaking of an employer of an Auxiliary Police Force except with the prior written approval of the Minister granted upon the application of the person and the employer of the Auxiliary Police Force concerned.

(2)  The Minister must not approve an application made under subsection (1) if the Minister is satisfied that —

(a) the person proposing to acquire as a going concern the business or undertaking of the employer of an Auxiliary Police Force is not a fit and proper person;

(b) the acquiring as a going concern the business or undertaking of the employer of an Auxiliary Police Force will result in adverse effect on the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; or

(c) it is not in the public interest to do so.

(3)  Any approval mentioned in subsection (1) may be granted subject to such conditions as the Minister may determine.

(4)  The Minister may at any time add to, vary or revoke any condition imposed under subsection (3).

(5)  An employer of an Auxiliary Police Force (other than the Government or a statutory body) must not appoint, on or after the date of commencement of section 21 of the Police Force (Amendment) Act 2021, any person as its chief executive officer, chairman or director except with the prior approval of the Commissioner to do so.

(6)  A person who, immediately before the date of commencement of section 21 of the Police Force (Amendment) Act 2021, is a chief executive officer, chairman or director of an employer of an Auxiliary Police Force is deemed to be approved by the Commissioner under subsection (5) as the chief executive officer, chairman or director of that employer.

(7)  Unless the Minister otherwise approves, the chief executive officer of an employer of an Auxiliary Police Force and at least one-half of its directors must be citizens of Singapore.

(8)  Where the Commissioner revokes an approval or a deemed approval under this section for the appointment of a person as the chief executive officer, the chairman or a director of an employer of an Auxiliary Police Force, the employer of the Auxiliary Police Force must immediately remove the person from such office.

(9)  A 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 $500,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b) in any other case, to a fine not exceeding $1 million.

(10)  This section has effect despite the provisions of any other written law or of the memorandum or articles of association, or other constitution, of a company or an organisation.

[Act 21 of 2021 wef 02/09/2022]

Controls over ownership of employer of Auxiliary Police Force

88.—(1)  If a person becomes, on or after the appointed day, a 5% controller of an employer of an Auxiliary Police Force, the person must, within 7 days after becoming the 5% controller, give written notice to the Commissioner of that fact.

(2)  Except with the prior written approval of the Minister, a person must not —

(a) whether by a series of transactions over a period of time or otherwise, become on or after the appointed day a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force; or

(b) cease on or after the appointed day to be a 50% controller or a 75% controller of an employer of an Auxiliary Police Force.

(3)  A person who, immediately before the appointed day, is a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force is deemed to be approved by the Minister under this section to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force, as the case may be.

(4)  The Minister must not approve an application made by any person under subsection (2)(a) if the Minister is satisfied that —

(a) the person is not a fit and proper person;

(b) having regard to the person’s likely influence, the employer of the Auxiliary Police Force will not or will not continue to conduct its business prudently and in compliance with this Act; or

(c) it is not in the public interest to do so.

(5)  The Minister must not approve an application made by any person under subsection (2)(b) if the Minister is satisfied that —

(a) the provision of security activities and other services by the employer of the Auxiliary Police Force of which the applicant is a 50% controller or a 75% controller will not continue to be reliable;

(b) the employer of the Auxiliary Police Force will cease to continue to conduct its business prudently and in compliance with this Act; or

(c) it is not in the public interest to do so.

(6)  Any approval or deemed approval under this section may be subject to such conditions as the Minister may determine.

(7)  The Minister may at any time add to, vary or revoke any condition imposed under subsection (6).

(8)  Any condition imposed under subsection (6), or added to, varied or revoked under subsection (7), has effect despite any written law or anything contained in the memorandum or articles of association, or other constitution, of a company or an organisation.

(9)  In this section, “appointed day” means the date of commencement of section 22 of the Police Force (Amendment) Act 2021.

[Act 21 of 2021 wef 02/09/2022]

Power to issue directions

88A.—(1)  The Minister may issue any direction to a person under subsection (2), (3) or (4) if the Minister is satisfied that —

(a) the person has provided false or misleading information or documents in connection with an application for approval under section 87(1) or 88(2);

(b) any condition of approval imposed under section 87(3) or (4) or 88(6) or (7) has been contravened or has not been complied with;

(c) in the case of a person who had obtained approval under section 87(1) in relation to acquiring as a going concern the business or undertaking of an employer of an Auxiliary Police Force —

(i) the person ceases to be a fit and proper person; or

(ii) it is not, or is no longer, in the public interest to allow the person to continue to carry on the business relating to the Auxiliary Police Force;

(d) the person has contravened section 87(1) or 88(2);

(e) in the case of a person who has obtained the Minister’s approval under section 88(2) or who is deemed to be approved under section 88(3) —

(i) the person ceases to be a fit and proper person;

(ii) having regard to the person’s likely influence, the employer of the Auxiliary Police Force is not, or is no longer, likely to conduct its business relating to the Auxiliary Police Force prudently or to comply with the provisions of this Act; or

(iii) it is not, or is no longer, in the public interest to allow the person —

(A) to continue to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force; or

(B) to cease to be a 50% controller or a 75% controller of the employer of the Auxiliary Police Force; or

(f) the Minister would not have granted approval under section 87(1) or 88(2) to a person had the Minister been aware, at that time, of circumstances relevant to the person’s application for the approval.

(2)  Where the person mentioned in subsection (1) has acquired as a going concern the business or undertaking of an employer of an Auxiliary Police Force, the Minister may, by written notice —

(a) direct the person to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person (whether alone or together with any other person) within such time and subject to such conditions as the Minister considers appropriate;

(b) direct the person not to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person;

(c) direct the person to modify or terminate any agreement or arrangement relating to the acquisition as a going concern; or

(d) make such other direction as the Minister considers appropriate.

(3)  Where the person mentioned in subsection (1) is a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force, the Minister may, by written notice —

(a) direct the person to take such steps as are necessary, within such period as may be specified by the Minister, to ensure that the person ceases to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force;

(b) direct the person or any of the person’s associates to transfer or dispose of all or any of the equity interests in the employer held by the person or the person’s associates (called in this section and section 88B the specified equity interests) within such time and subject to such conditions as the Minister considers appropriate;

(c) direct the person or any of the person’s associates not to transfer or dispose of the specified equity interests;

(d) direct the person to modify or terminate any agreement or arrangement relating to the holding of the specified equity interests, or the control of the voting power, in the employer of the Auxiliary Police Force; or

(e) make such other direction as the Minister considers appropriate.

(4)  Where the person mentioned in subsection (1) is a person (A) who has ceased to be a 50% controller or a 75% controller of an employer of an Auxiliary Police Force as a result of a person (B) acquiring any equity interest from A (called in this section and section 88B the acquired equity interest), the Minister may do any one or more of the following:

(a) direct B to take such steps as are necessary, within such period as may be specified by the Minister, to cease to hold all or any of the acquired equity interest;

(b) direct A to take such steps as are necessary, within such period as may be specified by the Minister, to resume being a 50% controller or a 75% controller, as the case may be;

(c) direct B to transfer or dispose of all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate;

(d) direct A to acquire all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate;

(e) direct B not to transfer or dispose of all or any of the acquired equity interest;

(f) direct A or B to modify or terminate any agreement or arrangement relating to the acquired equity interest;

(g) make such other direction as the Minister considers appropriate.

(5)  Before issuing any direction to a person under subsection (2), (3) or (4), the Minister must, unless the Minister decides that it is not practicable or desirable to do so, give to the person written notice of the Minister’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction.

(6)  Upon receipt of any written representation mentioned in subsection (5), the Minister must consider it for the purpose of determining whether to issue the direction.

(7)  Any person to whom a direction is issued under this section must comply with the direction.

(8)  The Minister may vary, suspend or revoke any direction issued under this section.

[Act 21 of 2021 wef 02/09/2022]

Effect of directions

88B.—(1)  Any direction issued to a person under section 88A takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association or other constitution of any company or organisation.

(2)  Without affecting subsection (1), where any direction is issued under section 88A(3) or (4), then, until the direction is carried out or is suspended or revoked —

(a) the voting rights in respect of the specified equity interest or acquired equity interest that is subject to the direction are not exercisable unless the Minister expressly permits such rights to be exercised;

(b) the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the employer of an Auxiliary Police Force concerned is not exercisable unless the Minister expressly permits that power to be exercised;

(c) no equity interest of the employer of an Auxiliary Police Force is to be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified equity interest or acquired equity interest unless the Minister expressly permits such issue or offer; and

(d) except in a winding up of the employer of an Auxiliary Police Force, no amount may be paid by the employer of the Auxiliary Police Force (whether by way of dividends or otherwise) in respect of the specified equity interest or acquired equity interest that is subject to the direction unless the Minister expressly authorises such payment.

[Act 21 of 2021 wef 02/09/2022]

Offences, penalties and defences

88C.—(1)  A person who contravenes section 88(1) or (2) or 88A(7) shall be guilty of an offence and shall be liable on conviction —

(a) in the case of an individual —

(i) to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; and

(ii) in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or

(b) in any other case —

(i) to a fine not exceeding $1 million; and

(ii) in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.

(2)  Where a person is charged with an offence in respect of a contravention of section 88(1), it is a defence for the person to prove, on a balance of probabilities, that —

(a) the person was not aware that the person had contravened that section; and

(b) the person has, within 14 days after becoming aware that the person had contravened that section, notified the Commissioner of the contravention.

(3)  Where a person is charged with an offence in respect of a contravention of section 88(1), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention —

(a) the contravention occurred as a result of an increase in the holding of equity interest or in the voting power controlled by any of the person’s associates;

(b) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and

(c) the person has, within 14 days after the date of the contravention, notified the Commissioner of the contravention.

(4)  Where a person is charged with an offence in respect of a contravention of section 88(2), it is a defence for the person to prove, on a balance of probabilities, that —

(a) the person was not aware that the person had contravened that section; and

(b) the person has, within 14 days after becoming aware that the person had contravened that section, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct.

(5)  Where a person is charged with an offence in respect of a contravention of section 88(2), it is also a defence for the person to prove, on a balance of probabilities, that even though the person was aware of the contravention —

(a) the contravention occurred as a result of an increase or a decrease in the holding of equity interest or in the voting power controlled by any of the person’s associates;

(b) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the employer of the Auxiliary Police Force; and

(c) the person has, within 14 days after the date of the contravention, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to the person’s holding of equity interest or control of voting power in the employer of the Auxiliary Police Force as the Minister may direct.

(6)  Except as provided in subsections (2), (3), (4) and (5), it is not a defence for a person charged with an offence in respect of a contravention of section 88(1) or (2) to prove that the person did not intend to or did not knowingly contravene that provision.

[Act 21 of 2021 wef 02/09/2022]

Codes of practice and directives

89.—(1)  The Commissioner may, by publication in the Gazette, issue one or more codes of practice for Auxiliary Police Forces for all or any of the following purposes:

(a) to enable and maintain fair market conduct between Auxiliary Police Forces in Singapore;

(b) to safeguard the interests of consumers of Auxiliary Police Forces services and of the public generally.

(2)  A code of practice may, in particular —

(a) specify the duties and obligations of the employer of an Auxiliary Police Force in relation to its business operations in the armed security industry; and

(b) provide for such fees or charges as may be payable to the Commissioner in relation to any application or request made to it.

(3)  The Commissioner may issue any directive to any employer of an Auxiliary Police Force for all or any of the following purposes:

(a) to ensure the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Force;

(b) in the interests of public safety;

(c) to provide guidance in relation to the operation of any provision of this Part or the Auxiliary Police Forces Regulations;

(d) generally for carrying out the purposes and provisions of this Part and for the due administration thereof.

(4)  The Commissioner may —

(a) by publication in the Gazette, add to, vary or revoke any code of practice; or

(b) add to, vary or revoke any directive.

(5)  The Commissioner may exempt, either generally or subject to such terms or conditions as the Commissioner may specify, any person from any provision in any code of practice or any directive.

Compliance with codes of practice and directives

90.—(1)  Every employer of an Auxiliary Police Force must comply with every relevant code of practice and directive issued under section 89(1) and (3), respectively.

(2)  The Commissioner may conduct an investigation if there are reasonable grounds for suspecting that —

(a) any provision of this Part;

(b) any part of any code of practice issued under section 89(1);

(c) any directive issued under section 89(3); or

(d) any condition of authorisation imposed under section 86(2) or (4),

has been infringed, or is being or is likely to be infringed, by an employer of an Auxiliary Police Force.

(3)  Subject to section 89(5), where —

(a) following an investigation conducted under subsection (2), the Commissioner considers that an employer of an Auxiliary Police Force is infringing, likely to infringe or has infringed any provision of this Part or of any code of practice issued under section 89(1), any directive issued under section 89(3) or any condition imposed under section 86(2) or (4);

(b) the employer (other than the Government or a statutory body) has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

(c) the employer (other than the Government or a statutory body) has made any assignment to, or composition with, its creditors; or

(d) the public interest or national security of Singapore so requires,

the Commissioner may, in writing and without any liability for compensation, do all or any of the following:

(i) direct that employer to comply with the provision of this Part or of any code of practice issued under section 89(1), any directive issued under section 89(3) or any condition imposed under section 86(2) or (4) or cease infringing that provision, code of practice, directive or condition, as the case may be;

(ii) specify any procedure or action to be observed or taken by that employer;

(iii) require that employer to furnish performance bonds, banker’s guarantees and any other securities for such amounts and on such terms as the Commissioner sees fit;

(iv) require that employer to modify or terminate any agreement, decision or concerted practice or any other conduct in question;

(v) suspend for a period not exceeding 6 months —

(A) the authorisation for the creation of the Auxiliary Police Force under section 86(1); or

(B) any condition imposed under section 86(2) for any security activity carried out by the Auxiliary Police Force;

(vi) revoke the authorisation for the creation of the Auxiliary Police Force under section 86(1);

[Act 21 of 2021 wef 02/09/2022]

(vii) impose on an employer (other than the Government) a financial penalty not exceeding —

(A) $1 million for each act of infringement (whether continuing or not) of any provision of this Part or any code of practice issued under section 89(1); or

(B) $100,000 for each act of infringement (whether continuing or not) of any directive issued under section 89(3) or any condition imposed under section 86(2) or (4);

[Act 21 of 2021 wef 02/09/2022]

(viii) impose such other direction or restriction as the Commissioner considers appropriate.

(4)  A person who, without reasonable excuse, fails to comply with any direction given under subsection (3) shall be guilty of an offence.

(5)  Before the Commissioner does anything under subsection (3), the Commissioner must —

(a) give written notice to the employer likely to be affected by such action by the Commissioner; and

(b) give such employer an opportunity to make representations to the Commissioner.

(6)  If any dispute arises from one or more provisions of a code of practice, the dispute is, where it is so provided in such provisions, to be determined by the Commissioner on the application for that purpose by any aggrieved person to the Commissioner.

(7)  A person who is aggrieved by any act, direction or decision of the Commissioner under subsection (3) or (6) may, within 14 days of the date on which the person is notified of the act, direction or decision, or such longer period as the Minister may allow, appeal to the Minister in the prescribed manner.

(8)  Unless otherwise provided or allowed by the Minister, where an appeal is lodged under subsection (7), the act, direction or decision appealed against must be complied with until the determination of the appeal.

(9)  The Minister may confirm, vary or reverse the act, direction or decision of the Commissioner or give any directions on the matter that the Minister thinks fit.

(10)  The decision of the Minister in any appeal under subsection (7) is final.

(11)  Any financial penalty payable by any person under subsection (3)(vii) is recoverable by the Commissioner as a debt due to the Government from that person; and the person’s liability to pay is not affected by any authorisation under section 86 for his or her Auxiliary Police Force ceasing (for any reason) to be in force.

(12)  The Minister may designate any of the following to hear and determine, in the Minister’s place, any appeals or a specific appeal under this section:

(a) any Minister of State or Parliamentary Secretary for the Minister’s Ministry;

(b) any public officer in that Ministry not subordinate to the decision‑maker whose decision is appealed against,

and any reference in this section to the Minister includes a reference to the Minister of State, Parliamentary Secretary or public officer so designated for that appeal.

[10/2015]

Anti-competitive agreements and conduct

91.—(1)  Subject to this section, the following is prohibited:

(a) any agreement, decision or concerted practice specified in a code of practice issued under section 89(1) which has as its object or effect the prevention, restriction or distortion of competition in, or in any part of, the armed security industry in Singapore;

(b) any conduct on the part of one or more employers of Auxiliary Police Forces which amounts to the abuse of a dominant position in, or in any part of, the armed security industry in Singapore and which may affect the armed security industry within Singapore.

(2)  Subsection (1)(a) applies —

(a) only if the agreement, decision or concerted practice is, or is intended to be, implemented in Singapore; and

(b) whether the agreement, decision or concerted practice is implemented before, on or after 12 October 2004.

(3)  Subject to this section, any agreement, decision or concerted practice prohibited by subsection (1)(a) is void.

(4)  An employer of an Auxiliary Police Force is in a dominant position where, in the Commissioner’s opinion, that employer is able to act without significant competitive restraint from its competitors.

(5)  In considering whether an employer of an Auxiliary Police Force is in a dominant position, the Commissioner is to have regard to relevant matters, including such matters as may be specified in a code of practice issued under section 89(1).

(6)  For the purposes of this section, the Commissioner may, by notification in the Gazette, specify the employers of Auxiliary Police Forces whom the Commissioner considers to have a dominant or non‑dominant position in, or in any part of, the armed security industry in Singapore.

(7)  The Commissioner may, on the application of any employer of an Auxiliary Police Force or on the Commissioner’s own initiative, grant an exemption from subsection (1) in relation to any agreement, decision, concerted practice or conduct.

(8)  An exemption under subsection (7) —

(a) may be granted subject to such conditions or obligations as the Commissioner considers appropriate;

(b) has effect for any period that the Commissioner considers appropriate; and

(c) must be in writing and sent by the Commissioner to the person to whom the exemption is granted.

(9)  An exemption granted under subsection (7), unless previously revoked in accordance with the terms of the exemption or under subsection (10), continues in force for such period as is specified in such exemption.

(10)  The Commissioner may, with the approval of the Minister, on the application of any employer or on the Commissioner’s own initiative —

(a) extend the period for which an exemption granted under subsection (7) has effect or revoke the exemption;

(b) vary or remove any condition or obligation specified in an exemption; and

(c) impose one or more additional conditions or obligations in an exemption.

Division 1C — Special administration order

Special administration order

91A.—(1)  A special administration order is an order of the Minister made in accordance with section 91B in relation to an employer of an Auxiliary Police Force directing that, during the period for which the order is in force, all or any of the affairs, business and property of that employer is to be managed directly or indirectly by the Commissioner or any other person appointed by the Minister —

(a) for securing one or more of the purposes of such an order set out in subsection (2); and

(b) in a manner which protects the respective interests of the shareholders and creditors of that employer.

(2)  The purposes referred to in subsection (1)(a) are —

(a) the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally;

(b) the survival of the employer of the Auxiliary Police Force or the whole or part of its business, as a going concern;

(c) the transfer to one or more other employers of Auxiliary Police Forces, as a going concern, of such part of the business or undertaking of a transferor employer of the Auxiliary Police Force as is necessary in order to ensure that the functions and duties which have been vested in the transferor employer of the Auxiliary Police Force may be properly carried out; and

(d) the carrying out of the functions and duties which have been vested in the employer of the Auxiliary Police Force pending the transfer to and the vesting of those functions and duties in one or more other employers of Auxiliary Police Forces.

(3)  The Minister may make regulations under section 104 for giving effect to this Division, including —

(a) regulations governing the transfer of the business or undertaking of the Auxiliary Police Force referred to in subsection (2)(c); and

(b) where a special administration order is made, for applying, omitting or modifying the provisions of Part 7 of the Insolvency, Restructuring and Dissolution Act 2018.

[Act 21 of 2021 wef 02/09/2022]

Power to make special administration order, etc.

91B.—(1)  If, on an application made to the Minister by the Commissioner, the Minister is satisfied in relation to any employer of an Auxiliary Police Force that any one or more of the grounds specified in subsection (2) are satisfied in relation to that employer, the Minister may make any one or both of the following orders:

(a) a special administration order in relation to that employer;

(b) an order appointing a person to advise the employer in the proper conduct of that part of its business or undertaking.

(2)  The grounds referred to in subsection (1) are —

(a) the employer is or is likely to be unable to pay its debts;

(b) the occurrence of a public emergency;

(c) the Minister considers it in the interest of the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; and

(d) the Minister considers it in the public interest.

(3)  The Minister may make a special administration order in relation to an employer of an Auxiliary Police Force despite the commencement of (if applicable) —

(a) any proceedings relating to the making of an order under section 210 of the Companies Act 1967^* or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company;

(b) any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company;

(c) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the employer of the Auxiliary Police Force that is a company;

(d) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is a company or an unregistered company;

(e) any proceedings under the Limited Liability Partnerships Act 2005^* relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is a limited liability partnership; or

(f) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the employer of the Auxiliary Police Force if it is an entity not mentioned in paragraph (d) or (e).

[*Updated to be consistent with the 2020 Revised Edition]

(4)  Notice of any application under subsection (1) is to be given immediately by the Commissioner to such persons and in such manner as may be determined by the Commissioner.

(5)  Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity.

(6)  Any decision of the Minister under subsection (1) is final.

(7)  An employer of an Auxiliary Police Force issued with an order under subsection (1) must comply with that order.

(8)  For the purposes of this section —

(a) an employer of an Auxiliary Police Force that is a company is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018;

(b) an employer of an Auxiliary Police Force that is an unregistered company is unable to pay its debts if it is deemed to be unable to pay its debts under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018; and

(c) an employer of an Auxiliary Police Force that is a limited liability partnership is unable to pay its debts if it is deemed to be unable to pay its debts under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005^*.

[Act 21 of 2021 wef 02/09/2022]

[*Updated to be consistent with the 2020 Revised Edition]

Remuneration and expenses of persons appointed by Minister

91C.—(1)  Where a special administration order has been made under section 91B(1)(a), the Commissioner may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the employer of the Auxiliary Police Force to a person appointed by the Minister.

(2)  The Commissioner may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by an employer of an Auxiliary Police Force to any person appointed by the Minister under section 91B(1)(b) to advise the employer of the Auxiliary Police Force in the proper conduct of the business or undertaking.

[Act 21 of 2021 wef 02/09/2022]

Division 2 — Auxiliary police officers

Appointment of auxiliary police officers

92.—(1)  A person must not be employed as an auxiliary police officer in an Auxiliary Police Force without the prior written approval of the Commissioner or any police officer authorised by the Commissioner.

(2)  The Commissioner may appoint as auxiliary police officers one or more suitable persons who are —

(a) public officers; or

(b) employees of any statutory body, company or other organisation within Singapore,

after any consultation with their employer that the Commissioner considers necessary, in work of a nature which, in the opinion of the Commissioner, renders the conferment of the powers of a police officer necessary or desirable.

(3)  Every person appointed under subsection (2) must carry a warrant card issued by the Commissioner.

(4)  The powers, privileges and immunities of a police officer may be conferred on an auxiliary police officer appointed under subsection (1) or (2) in such manner and subject to such limitations as may be specified by the Commissioner either in the warrant card or in such other form as the Commissioner may determine.

(5)  Every auxiliary police officer who exercises any police power conferred under this Act in the performance of his or her duties or who carries out any duties of a police officer prescribed in this Act is deemed to be a public servant for the purposes of the Penal Code 1871.

(6)  Every auxiliary police officer must on appointment take before a senior police officer an oath of office and an oath of allegiance prescribed by the Oaths and Declarations Act 2000 in such manner as may be prescribed in the Auxiliary Police Forces Regulations.

(6A)  To avoid doubt, where an oath is required to be taken under subsection (6), an auxiliary police officer may take the oath by appearing before a senior police officer through a live video link or live television link created using a remote communication technology that allows the senior police officer to —

(a) maintain visual contact and communicate with the auxiliary police officer, and any interpreter present, throughout the process;

(b) confirm the identity of the auxiliary police officer and any interpreter present; and

(c) if the oath is to be subscribed, verify by inspection the oath to be subscribed.

[Act 25 of 2023 wef 01/12/2023]

(7)  Every auxiliary police officer must comply with every relevant directive issued under section 89(3), and failure to do so is a disciplinary offence.

Conditions of service of auxiliary police officers

93.—(1)  The emoluments, pensions, welfare and conditions of service of every auxiliary police officer and his or her day‑to‑day duties are matters entirely within the jurisdiction of the Government, if he or she is employed by the Government, or the statutory body, company or other organisation employing him or her.

[10/2015]

(2)  The standard arms, ammunition and other accoutrements are provided at the expense of the Government or such statutory body, company or organisation, whichever being the employer of the auxiliary police officer.

(3)  Section 16 applies to auxiliary police officers who are members of an Auxiliary Police Force as it applies to police officers, except that auxiliary police officers are not precluded from making representations of the nature mentioned in section 16(4) to the statutory body, company or other organisation employing them.

(4)  The Commissioner may, after consulting the statutory body, company or other organisation that is the employer of an Auxiliary Police Force, second one or more police officers for service with such Force, and the emoluments of those police officers are, during the secondment, to be paid by that statutory body, company or other organisation, as the case may be.

[10/2015]

Cancellation of warrant cards

94.—(1)  A person ceases to be an auxiliary police officer immediately upon his or her dismissal by, or his or her resignation from the service of, the Government or by any statutory body, company or other organisation employing him or her (as the case may be) in its Auxiliary Police Force.

(2)  Immediately on ceasing to be an auxiliary police officer, the person mentioned in subsection (1) must surrender his or her warrant card to the Commissioner through the person’s former employer or the Commander of the Auxiliary Police Force, and the Commissioner must cancel the warrant card.

(3)  Despite subsections (1) and (2), the Commissioner may, after prior notice to the employer concerned, cancel at any time the warrant card issued to any auxiliary police officer, who then ceases to be an auxiliary police officer.

Discipline of auxiliary police officers

95.—(1)  Subject to subsection (2), an auxiliary police officer accused of any of the offences specified in the Auxiliary Police Forces Regulations may, instead of being punished by the imposition of any of the disciplinary punishments specified in those Regulations, be prosecuted in court, and in such event shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

(2)  Every auxiliary police officer who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both, in addition to any lesser disciplinary punishment authorised under the Auxiliary Police Forces Regulations.

(3)  For the purposes of this section, a person deserts if he or she —

(a) leaves or fails to attend at his or her place of duty in his or her Auxiliary Police Force with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his or her place of duty in the Force, thereafter forms the like intention; or

(b) absents himself or herself without leave with intent to avoid service in the Auxiliary Police Force or mobilised service.

(4)  Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (2).

(5)  An auxiliary police officer may appeal against any finding or disciplinary punishment under this section to the Commissioner within 30 days from the date of the finding or punishment.

(6)  In every case where an appeal has been lodged under subsection (5) against any punishment awarded, the punishment is suspended pending the determination of the appeal.

(7)  The decision of the Commissioner on an appeal under subsection (5) is final.

Organisation of Auxiliary Police Force

96.—(1)  The employer of an Auxiliary Police Force must, with the approval of the Commissioner, appoint an auxiliary police officer or a police officer to be the Commander of the Auxiliary Police Force.

(2)  The Commander is accountable to the Commissioner in respect of the discharge of his or her duties as a Commander of the Auxiliary Police Force and the exercise of police powers by the auxiliary police officers under his or her charge.

(3)  Every Auxiliary Police Force must be organised in ranks similar to those of the Police Force, and is subject to the authority of the Commissioner for the maintenance of law and order, the preservation of public peace and the detection of crimes within the limits of Singapore.

Division 3 — Mobilisation of Auxiliary Police Forces

Mobilisation of auxiliary police officers

97.—(1)  The Commissioner may, with the approval of the Minister, mobilise for active service all or any of the members of an Auxiliary Police Force to perform general or special police duties, and such service continues until an order of demobilisation is made by the Commissioner with the approval of the Minister.

(2)  Every person who is mobilised under this section must assemble at such place and perform such service as the Commissioner or his or her authorised officer directs.

(3)  Every member of an Auxiliary Police Force, during the period of mobilisation, has the same powers and duties and the same protection and immunities of a police officer.

(4)  A person mobilised for active service under this section who without reasonable excuse, the proof whereof shall lie on him or her, refuses or neglects to perform such service shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(5)  Where a member of an Auxiliary Police Force is mobilised to perform any general or special police duty, the employer of such auxiliary police officer must provide the mobilised officer with the usual uniform, equipment, arms, ammunitions and such other accoutrements which are provided to the officer in his or her usual course of duties to enable the officer to discharge his or her duties effectively.

(6)  No employer may —

(a) dismiss a person solely or mainly by reason of any duty or liability which that person is, or may become, liable to perform or discharge by reason of his or her being, or being liable to be, called up for mobilised service under this section; or

(b) refuse to grant that person leave of absence during his or her period of mobilised service.

(7)  An employer who contravenes subsection (6) shall be guilty of an offence and shall be liable —

(a) on conviction of an offence under subsection (6)(a), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which the employer is convicted may order the employer to pay to the dismissed person as compensation a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to the dismissed person by the employer; and

(b) on conviction of an offence under subsection (6)(b), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

Compensation to employer of mobilised auxiliary police officer

98.—(1)  The employer of an Auxiliary Police Force mobilised under section 97 is entitled to be compensated by the Commissioner such reasonable remuneration as may be fixed by the Commissioner in respect of an auxiliary police officer in the employer’s employment who is mobilised under that section.

(2)  In computing the remuneration under subsection (1), the Commissioner must have regard to the following:

(a) the expenses incurred by the employer in respect of the auxiliary police officer who has been mobilised;

(b) the profits which might reasonably be expected to be made by the employer in respect of the services of the auxiliary police officer had he or she not been mobilised.

(3)  As soon as may be practicable after the mobilisation of any auxiliary police officer, there must be given or sent to the employer of the officer, by such person and in such form and manner as may be specified by the Commissioner, a receipt for the mobilisation specifying —

(a) the compensation, or the rate or amount thereof, offered in respect of the mobilisation; and

(b) a statement of the effect of subsection (5).

(4)  As soon as may be practicable after the end of the period of mobilisation of any property used by an auxiliary police officer that was supplied by the auxiliary police officer’s employer, there must be given or sent to the employer of the officer, by such person and in such form and manner as aforesaid, a notice —

(a) stating whether any, and if so what, damage to the property has occurred during the period of mobilisation (other than damage which has been made good by the Commissioner) or that the total loss of the property has occurred;

(b) specifying the compensation, or the rate or amount thereof, offered in respect of the damage or loss; and

(c) specifying the effect of subsection (6).

(5)  A person to whom a receipt or notice under subsection (3) or (4) has been given or sent (called in this Act the claimant) is deemed to have accepted the offer contained in the receipt or notice unless he or she notifies the Commissioner, within 4 weeks after he or she receives the receipt or notice, of his or her claim for a greater amount or rate.

(6)  Where a notice under subsection (4) has been given or sent stating that no damage has occurred to any property during the period of mobilisation, the claimant is deemed to have agreed that no damage has so occurred unless he or she notifies the Commissioner, within 4 weeks after he or she receives the notice, of his or her claim that damage has so occurred and stating the compensation he or she claims in respect of the damage.

(7)  On the receipt of a claim under subsection (5) or (6), the Commissioner may notify the claimant that the Commissioner does not propose to make any further offer or that the Commissioner makes a specified further offer.

(8)  Before making any compensation under this Act, the Commissioner may require reasonable particulars of the damage to any property which was supplied by the employer to the auxiliary police officer during mobilisation and of the circumstances in which it occurred and may require a reasonable opportunity to be afforded to a person authorised by the Commissioner to inspect the property.

(9)  Nothing in this section operates so as to require the making of any payment of compensation before the end of the period of mobilisation of any property.

Disputes on compensation to be referred to Compensation Board for determination

99.—(1)  Any dispute as to whether any compensation is payable under section 98 and as to the amount of any compensation payable under that section must be referred to a Compensation Board for determination in accordance with the provisions of this Act.

(2)  An application to a Compensation Board for the determination of any dispute under subsection (1) must be made in the prescribed manner.

(3)  Subject to the Auxiliary Police Forces Regulations, the proceedings before a Compensation Board must be conducted in accordance with such directions as the Board may issue from time to time.

(4)  All proceedings before the Compensation Board under this Act are deemed to be judicial proceedings within the meaning of the Penal Code 1871.

Decision of Compensation Board to be final

100.—(1)  Except as provided in this section, a decision of a Compensation Board is final and binding on the parties.

(2)  An appeal lies to the General Division of the High Court on any question of law arising out of a decision of a Compensation Board and on the determination of such an appeal the General Division of the High Court may, by order —

(a) confirm, vary or set aside the decision of the Compensation Board; or

(b) direct the Compensation Board to reconsider its decision on the basis of the opinion of the General Division of the High Court on the question of law which was the subject of the appeal,

and where a direction is given under paragraph (b), the Compensation Board must, unless the General Division of the High Court otherwise directs, make its order within 3 months of the date of the order.

[40/2019]

Compensation Board

101.—(1)  For the purpose of determining disputes as to any entitlement to, or the quantum of, compensation payable under this Part for the mobilisation of any Auxiliary Police Force, there must be constituted a Compensation Board consisting of —

(a) the president or a deputy president of a Compensation Board; and

(b) 2 other members selected by the president or deputy president from a panel of members constituted in accordance with this section.

(2)  The president and every deputy president of a Compensation Board are to be appointed by the Minister for a period of 2 years and are eligible for re‑appointment, but no person is eligible for appointment unless he or she possesses the qualifications required for a District Judge under section 9(3) of the State Courts Act 1970 or is a District Judge appointed under section 9(1) of that Act.

[5/2014]

(3)  The Minister may appoint any number of deputy presidents that the Minister thinks fit.

(4)  For the purpose of enabling a Compensation Board to be constituted, there must be a panel of not more than 20 persons, each of whom must be appointed by the Minister for a period of 2 years and is eligible for re‑appointment.

(5)  No person is eligible to be appointed or to remain the president, or a deputy president or a member of the panel if he or she —

(a) is an undischarged bankrupt;

(b) has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or

(c) has a mental disorder and is incapable of managing himself or herself or his or her affairs.

[21/2008]

(6)  Where a person ceases to be a member of the panel, the Minister has to, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel does not invalidate the acts of any Compensation Board.

(7)  The Minister may at any time revoke the appointment of a member of the panel.

(8)  There are to be paid to the president, deputy presidents and members of a Compensation Board such emoluments as the Minister may determine.

[10/2015]

(9)  Every president, deputy president and member of a Compensation Board, when and so long as he or she is serving on the Compensation Board, is deemed to be a public servant within the meaning of the Penal Code 1871 and enjoys the same judicial immunity as is enjoyed by a District Judge.

Division 4 — General provisions

Protection of information

102.—(1)  A person, otherwise than in the performance of his or her duties or in the course of his or her business, must not reveal any information of a private or confidential nature which was acquired by him or her or which came to his or her knowledge in the course of his or her duties —

(a) as an auxiliary police officer; or

(b) in connection with an Auxiliary Police Force, whether or not he or she is an auxiliary police officer.

(2)  A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

Powers of investigation for this Part

103.—(1)  The Minister may give such directions, not inconsistent with the provisions of this Part, as to the performance of the functions and duties and the exercise of its powers by the Commissioner under this Part, and the Commissioner must give effect to every such direction.

(2)  The Commissioner and any person authorised in writing in that behalf by the Commissioner, for the purposes of the execution of this Act, have the power to do all or any of the following:

(a) to enter, inspect and examine by day or by night the place of business of every employer;

(b) to require the production of records, accounts and documents kept by the employer and to inspect, examine and copy any of them;

(c) to take such photographs and make such inquiry with the employer or any employee of the Auxiliary Police Force as may be necessary to ascertain whether the provisions of this Act are complied with.

(3)  A person who —

(a) refuses the Commissioner or any authorised officer to enter or search, access to any place;

(b) assaults, obstructs, hinders or delays the Commissioner or any authorised officer in effecting any entrance which the Commissioner or the authorised officer is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;

(c) fails to comply with any lawful demand of the Commissioner or any authorised officer in the execution of his or her duty under this Act; or

(d) refuses or neglects to give any information which may reasonably be required of the person and which he or she has it in his or her power to give,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

(4)  For the purposes of Division 1B, the Commissioner or a person authorised in that behalf by him or her may, by written notice, direct any employer of an Auxiliary Police Force to obtain from any person who holds any equity interest in the employer, or who has control over any voting power in the employer, and to transmit to the Commissioner information —

(a) as to whether that person holds the equity interests as beneficial owner or as trustee and whether the person holds any other equity interests in the employer;

(b) as to the nature of the control over the voting power in the employer and the percentage of the voting power the person has control over; and

(c) if the holder of the equity interests (A) holds the interest as trustee, to indicate, so far as A can, the person (B) for whom A holds the interest (either by name or by other particulars sufficient to enable B to be identified) and the nature of A’s interest,

and the employer must comply with that direction within such time as may be specified in the notice.

[Act 21 of 2021 wef 02/09/2022]

(5)  The Commissioner may, by written notice, require any shareholder of an employer of an Auxiliary Police Force, or any person who appears from the information provided to the Commissioner under subsection (4) or this subsection to have an interest in any share in such an employer, to inform the Commissioner —

(a) whether the shareholder holds that interest as beneficial owner or as trustee, and if he or she holds the interest as trustee, to indicate, so far as he or she can, the person for whom he or she holds the interest (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his or her interest; or

(b) whether any share or any voting right attached to the share is the subject of an agreement or arrangement described in section 88, and if so, to give particulars of the agreement or arrangement and the parties to it,

and the person must comply with that notice within such time as may be specified in the notice.

(6)  A person who —

(a) fails to comply with a notice under this section; or

(b) in purported compliance of the notice, knowingly or recklessly makes a statement which is false in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.

Auxiliary Police Forces Regulations

104.—(1)  The Minister may make regulations to carry out the purposes of this Part.

(2)  Without limiting subsection (1), the Minister may make regulations for or with respect to —

(a) the organisation, structure and management of Auxiliary Police Forces;

(b) the schemes of training for auxiliary police officers;

(c) the appointments and promotions of auxiliary police officers;

(d) the discipline and punishment of auxiliary police officers, including a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years or both for any auxiliary police officer who is convicted of an offence under these regulations;

(e) the uniform and equipment, arms and ammunition to be carried by auxiliary police officers;

(f) the auditing of the conduct of operation, suitability and availability, recruitment and training of an Auxiliary Police Force as may be necessary for preventing abuse or neglect of duty, and for rendering the Auxiliary Police Force efficient in the discharge of their duties and for the carrying out of the objects of this Act;

(g) the establishment and administration of any association established for the welfare of auxiliary police officers and the control of the funds of any such association and the collection of subscriptions from members thereof;

(h) the powers and procedure of a Compensation Board, including the awarding of costs and referring questions of law to the General Division of the High Court;

(i) such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Auxiliary Police Forces efficient in the discharge of their duties and for carrying out the objects of this Act;

[Act 21 of 2021 wef 02/09/2022]

(ia) the circumstances under which a person would be considered an associate for the purposes of Part 9^*;

[Act 21 of 2021 wef 02/09/2022]

(ib) the form and manner in which any notice or application for an approval under section 87 or 88 must be given or made, and the person or persons who are required to give the notice or make the application; and

[Act 21 of 2021 wef 02/09/2022]

(j) any other matter which by this Part is required or permitted to be prescribed.

[40/2019]

[*Updated to be consistent with the 2020 Revised Edition]

(3)  All Auxiliary Police Forces Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

Liability of Government for acts committed by auxiliary police officer

105.—(1)  Any act done or omitted to be done by any auxiliary police officer employed by any statutory body, company or other organisation is deemed to be an act done or omitted to be done in the course of his or her employment with such statutory body, company or other organisation, as the case may be.

(2)  The Government shall not be liable for any act done or omitted to be done by any auxiliary police officer who is not employed by the Government.

PART 10

POLICE FUND

Police Fund

106.—(1)  The Police Fund established under the repealed Act continues and is applied for the purposes specified in this Part.

(2)  The Police Fund consists of —

(a) all sums forfeited by or fines inflicted on police officers under the powers conferred by this Act, and all sums recoverable from police officers under this Act and which are payable to the Police Fund;

(b) such proportion as the Commissioner may think fit of sums paid for extra or special services of police officers, special police officers or former police officers or special police officers;

(c) all fines levied for assaults on police officers;

(d) all illegal gratifications offered to police officers and confiscated by an order of court;

(e) donations offered to the Police Fund and accepted by the Commissioner;

(f) moneys accruing as interest on loans made from the Police Fund;

(g) all moneys from time to time appropriated from the Consolidated Fund and authorised to be paid into the Police Fund by this Act or any other written law;

(h) all other revenues of Singapore allocated by any written law to the Police Fund; and

(i) the net income from investments of moneys in the Police Fund authorised to be made by this Act or any other written law.

(3)  The Police Fund must be regarded as a Government fund and as comprising public moneys for the purposes of any other written law.

(4)  For the purposes of subsection (2)(i), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Police Fund any profit derived or loss sustained (as the case may be) from the realisation of such investments.

(5)  The Commissioner is responsible for the control, supervision and management of all moneys of the Police Fund in accordance with this Act and the Police Regulations.

Purposes of Police Fund

107.—(1)  The moneys in the Police Fund may be withdrawn and applied for all or any of the following purposes only:

(a) rewarding police officers or special police officers who are serving or who have retired on full pension, gratuity, allowance or other benefits for extra or special services rendered by them;

(b) paying for expenses not chargeable to the public revenue for conducting events or other activities related to the welfare of police officers or special police officers who are serving, or who have retired on full pension, gratuity, allowance or other benefits;

(c) granting loans to police officers or special police officers who are serving, or who have retired on full pension, gratuity, allowance or other benefits, on rates and terms in accordance with the Police Regulations.

(2)  Moneys must not be withdrawn from the Police Fund unless they are charged upon the Police Fund or are authorised or directed to be withdrawn or transferred under this Act.

(3)  All expenses incidental to or arising from the administration, investment and management of moneys in the Police Fund are charged upon and payable out of the Police Fund.

PART 11

UNCLAIMED PROPERTY AND ESTATES OF INTESTATES

Lost property

108.—(1)  Where any lost property is deposited with a police officer at a police station or otherwise, the lost property is to be disposed of as follows:

(a) if the lost property is cash, it must, unless it is required to assist in the identification of its owner, be paid into a deposit account (within the meaning of the Financial Procedure Act 1966) specially established for this purpose, and the cash is deemed to be lost property in the custody of the Police Force;

(b) if there is a person who appears, to the satisfaction of the Commissioner, to be the owner, the lost property in the custody of the Police Force must be returned to that person unless that person —

(i) cannot be located after reasonable inquiry; or

(ii) does not exercise his or her right to recover the property;

(c) if the lost property becomes unclaimed property, the Commissioner may cause the whole or any part of unclaimed property —

(i) to be sold (by public auction or otherwise) and the proceeds of the sale to be paid into the Consolidated Fund;

(ii) if cash, to be forfeited and paid into the Consolidated Fund; or

(iii) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.

[10/2015]

(2)  Where any lost property is deposited with a police officer under subsection (1), the lost property becomes unclaimed property if, at the end of 30 days after the day on which the property was so deposited —

(a) there is no person who appears, to the satisfaction of the Commissioner, to be the owner of the lost property; or

(b) there is such a person but that person has not been located after reasonable inquiry or that person has not exercised his or her right to recover the lost property by a claim.

[10/2015]

(3)  The proceeds of a sale of unclaimed property under this section must be applied as follows:

(a) firstly, in payment of the expenses occasioned by the sale;

(b) secondly, in payment of storage or other expenses incurred by the Commissioner in relation to the property;

(c) thirdly, by payment of the balance into the Consolidated Fund.

[10/2015]

(4)  A person who buys movable property that is lost property sold by or on the authority of the Commissioner under this section obtains good title to that property.

[10/2015]

(5)  Despite subsection (1), if a person who appears, to the satisfaction of the Commissioner, to be the owner of lost property claims, before the end of one year starting from the day on which the property was deposited with a police officer under subsection (1), that property after it has become unclaimed property, the Commissioner may do as follows:

(a) if the property remains in the custody of the Police Force, the Commissioner may authorise the property to be returned to the person;

(b) if the property (being cash) or the proceeds of the sale of the property were paid into the Consolidated Fund, the Commissioner may authorise the refund of the property or the proceeds of the sale to the person.

[10/2015]

(6)  A finder of any lost property deposited under subsection (1) has no rights in relation to that property by reason of being the finder, and a police officer who comes into possession of any lost property in the course of his or her duties does not have the rights of a finder in relation to that property.

[10/2015]

Power to administer estates of intestates

109.—(1)  Whenever any person dies leaving movable property in Singapore under $1,000 in value, which property is, in the absence of any person entitled to that property, taken charge of by the police for the purpose of safe custody, the Commissioner may, if the Commissioner thinks fit, order that property to be delivered, without letters of administration taken out, to any person claiming to be entitled to the whole or any part thereof, if the Commissioner is satisfied as to the title of the claimant and the value of the property by the oath or affirmation of the claimant, or by such other evidence as the Commissioner may require.

(2)  The Commissioner may, before making any order under subsection (1), take such security as the Commissioner may think proper for the due administration and distribution of such property.

[10/2015]

(3)  Nothing in this section affects the right of any person to recover such property or any of it from the person to whom it may have been delivered pursuant to such order.

(4)  If at the end of one month after any property (other than cash) taken charge under this section, no person has established a claim to the property to the satisfaction of the Commissioner, or immediately (even if less than one month) after the owner has given the Commissioner written notice that he or she is not claiming the property, the Commissioner may —

(a) arrange for the property to be disposed of by public auction or otherwise; and

(b) apply the proceeds of the sale to meet the expenses incurred by the Commissioner in storing and disposing of the property, and pay the balance (if any) to the Consolidated Fund.

(5)  Despite anything in this section, where the owner of any movable property appears after it has been disposed under subsection (4) and claims the same, restitution must be made, on the claim being established to the satisfaction of the Commissioner.

Perishable or low value property, etc.

110.—(1)  Where it appears to the Commissioner that any lost property referred to in section 108 or any property of a deceased person referred to in section 109 —

(a) is cash of not more than $1,000 or the equivalent in foreign currency;

(b) is perishable;

(c) may rapidly depreciate in value; or

(d) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Police Force to retain custody of the property,

this section applies despite sections 108 and 109.

[10/2015]

(2)  Subject to subsection (3), where this section applies to any lost property and any property of a deceased person referred to in sections 108 and 109, respectively, the Commissioner may cause the property —

(a) to be paid into the Consolidated Fund at once;

(b) to be sold (by public auction or otherwise) at once and the proceeds of sale to be paid into the Consolidated Fund; or

(c) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.

[10/2015]

(3)  Where any lost property or any property of a deceased person referred to in section 108 or 109 —

(a) is paid into the Consolidated Fund under subsection (2)(a); or

(b) is sold (by public auction or otherwise) under subsection (2)(b),

the cash or the proceeds of the sale (as the case may be) are to be dealt with in the same manner as the property would have been required by section 108 or 109 (as the case may be) to be dealt with if not so paid or sold.

[10/2015]

(4)  A person who buys property sold by or on the authority of the Commissioner under this section obtains good title to that property.

[10/2015]

Outsourcing function as regards lost and unclaimed property

110A.  The Commissioner (and no other) may, under his or her hand in writing, appoint any person outside of the Police Force as an independent contractor to exercise any power conferred or perform any duty imposed on the Commissioner under section 108, 109 or 110, and any reference in any such provision to the Commissioner includes a reference to such a person if appointed.

[10/2015]

PART 12

MISCELLANEOUS

General penalty

111.  A person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both.

Offences by bodies corporate, etc.

112.—(1)  Where an offence under this Act committed by a body corporate is proved —

(a) to have been committed with the consent or connivance of an officer of the body corporate; or

(b) to be attributable to any neglect on the officer’s part,

the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2)  Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

(3)  Where an offence under this Act committed by a partnership is proved —

(a) to have been committed with the consent or connivance of a partner; or

(b) to be attributable to any neglect on the partner’s part,

the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(4)  Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —

(a) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or

(b) to be attributable to any neglect on such an officer or a member,

the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(5)  In this section —

“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;

“officer”  —

(a) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

(b) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;

“partner” includes a person purporting to act as a partner.

Power to compound

112A.—(1)  The Minister may, by regulations, prescribe any offence under this Act (except a service offence or disciplinary offence) as a compoundable offence.

[10/2015]

(2)  The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:

(a) one half of the amount of the maximum fine that is prescribed for the offence;

(b) $5,000.

[10/2015]

(3)  On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

[10/2015]

Jurisdiction of court

113.—(1)  Nothing in this Act affects the jurisdiction of any court to try a person for any offence under any other written law triable by the court where the act or omission of that person also constitutes a service offence.

(2)  Where a person subject to this Act has been charged with a service offence and has had the charge dealt with by a disciplinary officer, a court is debarred from trying the person subsequently for an offence substantially the same as that offence.

(3)  Except as provided in subsections (2) and (5) and section 115, nothing in this Act is to be construed as restricting the jurisdiction of any court to try a person subject to this Act for an offence.

(4)  For the purposes of this section, a case is deemed to have been dealt with by a disciplinary officer even though the finding of that officer has been quashed, or the award of that officer quashed or varied, on the review thereof.

(5)  A person subject to this Act must not be tried by a court for any service offence unless the Public Prosecutor has given his or her consent for the trial.

(6)  Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.

Persons not to be disciplined for offence already disposed of

114.  Where a person subject to this Act —

(a) has been tried for a service offence by a court; or

(b) has had a service offence committed by him or her taken into consideration by the court in sentencing him or her,

the person shall not be liable in respect of that offence to be dealt with and punished by a disciplinary officer under this Act.

Limitation of time for offences under Act

115.—(1)  Subject to subsection (2), no disciplinary proceedings shall be instituted under this Act against a special police officer who is a national serviceman for any disciplinary offence unless the disciplinary proceedings begin within 3 years after the later of the following dates:

(a) the date on which the disciplinary offence was alleged to have been committed;

(b) the date on which information relating to the commission of that offence was first reported to or discovered by an investigating officer for that disciplinary offence.

[10/2015]

(2)  A person who is subject to this Act at the time of the alleged commission by him of a service offence of desertion or absence without leave continues to be liable to be charged, dealt with and tried at any time under this Act.

(3)  In calculating the period of limitation referred to in subsection (1), there must not be included —

(a) any time during which a person was serving sentence in a prison;

(b) any period of absence caused by his detention in a drug rehabilitation centre or at any other place pursuant to the provisions of any other written law; and

(c) any period of absence in respect of which a person has been found guilty by a disciplinary officer of desertion or absence without leave.

(4)  Nothing in this section affects the jurisdiction of a court to try any person for any service offence committed by him or her.

Exemption

116.  The Minister may, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act or any regulations made thereunder subject to such terms and conditions as may be prescribed.

Police Regulations

117.—(1)  The Minister may make such regulations not inconsistent with the provisions of this Act to be called the Police Regulations as the Minister may think expedient.

(2)  Without affecting any other provisions of this Act, such regulations may provide for —

(a) the organisation and distribution of the Police Force;

(b) appointments, emoluments, resignations, discharges, dismissals, reductions, reversions and conditions of service;

(c) the investigation into, the conduct of disciplinary proceedings and the awarding of punishment, for disciplinary offences which may be dealt with by a disciplinary officer, including but not limited to —

(i) the procedure to be observed in the bringing of charges before a disciplinary officer;

(ii) the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating or dealing with such charges;

(iii) the addition to, or substitution for, a charge which has been investigated of a new charge for a disciplinary offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge;

(iv) the procedure to be observed in disciplinary proceedings before a disciplinary officer; and

(v) empowering a disciplinary officer to amend a charge which is being heard by him or her;

(d) leave of absence;

(e) the uniforms, arms and accoutrements to be provided;

(f) the administration of the Police Fund;

(g) the administration of any association established for the welfare of police officers, special police officers or any non-police personnel performing duties in the Police Force, and the control of the funds of any such association and the collection from members thereof of subscriptions to the association;

[Act 21 of 2021 wef 01/01/2022]

(h) the appointment, release, discharge of forensic specialists, and the terms and conditions of service of forensic specialists who are not public officers;

[Act 43 of 2024 wef 24/03/2025]

(i) the administration, organisation and discipline of forensic specialists, including (in particular) requiring compliance with any provision of the Police General Orders or Force Orders;

[Act 43 of 2024 wef 24/03/2025]

(j) such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Police Force efficient in the discharge of its duties, and for carrying out the objects of this Act; and

(k) any other matter which by this Act (except Parts 8 and 9) is required or permitted to be prescribed.

[10/2015]

(3)  Such regulations, if so provided therein, are applicable to and binding on all members of the public service of Singapore employed in connection with the Police Force, even though they are not police officers, in the same manner as if they were police officers.

(4)  All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

Police General Orders

118.—(1)  The Commissioner may make such orders not inconsistent with the provisions of this Act and of the Police Regulations to be called the Police General Orders as the Commissioner may think expedient.

(2)  Without limiting subsection (1), such Police General Orders may provide for —

(a) discipline and the regulation and carrying out of punishment;

(b) classifications and promotions;

(c) instructions and examinations;

(d) inspections, drills, exercises and parades;

(e) police services and duties of every description and the manner in which they must be carried out;

(f) the institution and maintenance of police messes, canteens and reading rooms;

(g) departmental expenditure;

(h) buildings, grounds, stores, furniture and equipment;

(i) transfers of police officers, the places at which they may reside and the particular services to be performed by them;

(j) the collection and communication of intelligence and information;

(k) the manner and form of reports, correspondence and other records;

(l) the performance of any act which may be necessary for the proper carrying out of the provisions of this Act or any other Act or any regulations made thereunder or for the efficient discharge of any duty imposed by any written law on the Police Force or any member thereof; and

(m) such other matters as may be necessary and expedient for preventing abuse or neglect of duty, for rendering the Police Force efficient in the discharge of its duties, and for carrying out the provisions of this Act.

Force Orders and Standing Orders

119.—(1)  The Commissioner may issue orders of a routine nature to be called the Force Orders not inconsistent with the provisions of this Act, Police Regulations or Police General Orders for the control, direction and information of the Police Force.

(2)  A commanding officer may issue orders to be called the Standing Orders not inconsistent with the provisions of this Act or Police Regulations, Police General Orders or Force Orders for the control, direction and information of the police in his or her command.

Police General Orders, etc., need not be published in Gazette

120.  It is not necessary to publish any Police General Orders, Force Orders or Standing Orders in the Gazette.

Wearing and possession of police uniforms, etc., by others

120A.—(1)  A person who, when the person is not a police officer —

(a) wears or possesses any police uniform, or uses any police insignia —

(i) for the purpose of personating or representing himself or herself as a police officer; or

(ii) knowing that it is likely to cause any member of the public to believe that he or she is a police officer;

(b) uses the designation of a police officer or a rank of the Police Force or the Special Constabulary, in connection with any business, occupation or employment —

(i) for the purpose of personating or representing himself or herself as a police officer; or

(ii) knowing that it is likely to cause any member of the public to believe that he or she is a police officer;

(c) represents himself or herself, by word or conduct, to be a police officer for the purpose of personating or representing himself or herself as a police officer; or

(d) wears or possesses any police uniform, or uses any police insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —

(i) that the person has the permission of the Commissioner in subsection (4)(a);

[Act 21 of 2021 wef 01/01/2022]

(ii) that the person receives, or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Police Force or the Special Constabulary;

(iii) that the Police Force or the Special Constabulary has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Police Force or the Special Constabulary; or

(iv) that the person has the sponsorship or approval of the Police Force or the Special Constabulary for any goods or services provided by or on behalf of the person,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

[10/2015; 53/2018]

(2)  A police officer who wears a police uniform or uses any police insignia otherwise than —

(a) in the course of, and for the purpose of, exercising the functions of a police officer; or

(b) for such other purpose authorised in writing by the Commissioner,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

[53/2018]

(3)  It is a defence to a prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —

(a) the accused had the express permission of the Commissioner to wear or possess the police uniform or use the police insignia, as the case may be; or

(b) the accused wore or possessed the police uniform or used the police insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958.

[10/2015; 28/2017]

(4)  A person (whether or not a police officer) who —

(a) manufactures or sells any police uniform or police insignia otherwise than in accordance with the Commissioner’s permission;

[Act 21 of 2021 wef 01/01/2022]

(b) sells any police uniform or police insignia to a person who is neither a police officer nor otherwise authorised or permitted under subsection (2) to possess or wear the police uniform or use the police insignia; or

(c) gives or furnishes, whether or not for a consideration, any police uniform or police insignia to a person who is neither a police officer nor otherwise authorised or permitted under subsection (3) to possess or wear the police uniform or use the police insignia,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

[10/2015]

(5)  It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —

(a) the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the police uniform or police insignia was sold, given or furnished was —

(i) a police officer; or

(ii) a person otherwise authorised or permitted under subsection (3) to possess or wear the police uniform or use the police insignia; or

(b) the accused had received from the person to whom the police uniform or police insignia was sold, given or furnished evidence purporting to show that —

(i) that person was a police officer or was otherwise authorised or permitted under subsection (2) to possess or wear the police uniform or use the police insignia; and

(ii) it was reasonable to and he or she did accept that evidence as correct.

[10/2015]

(6)  An offence under subsection (1), (2) or (4) is an arrestable offence.

[10/2015; 53/2018]

(7)  In this section —

“police insignia” means —

(a) any items (being insignia, emblems, logos, symbols, representation, devices, badges of rank or other things) that are generally recognised as pertaining to the Police Force or the Special Constabulary or as being used by police officers;

(b) any parts of any such items;

(c) any reasonable imitation of any such items, or parts of such items; or

(d) any insignia, emblems, logos, symbols, representation, devices, badges of rank or other things prescribed by Police Regulations as being within this definition;

“police officer” includes a special police officer;

“police uniform” means the uniform of a police officer, and includes —

(a) any parts of such a uniform or any accoutrements of a police officer that are generally recognised as parts of the uniform or accoutrements of a police officer; or

(b) any reasonable imitations of such a uniform or accoutrements, or parts of a uniform or accoutrements;

“sell” means sell, exchange or let on hire, and includes —

(a) offer, expose, possess, send, forward or deliver for sale, exchange or hire; or

(b) cause, suffer or allow any sale, exchange or hire;

“use”, in relation to police insignia, includes —

(a) driving on a public road a vehicle that has on it any police insignia; and

(b) using a reproduction or representation of police insignia,

but does not include wearing a police uniform.

[10/2015]

Saving and transitional provisions

121.—(1)  Any notice, order, permission or other document prepared, made, granted or approved by or under the authority of the Commissioner or Deputy Commissioner under the repealed Act or any of its subsidiary legislation, so far as it is not inconsistent with the provisions of this Act or any of its subsidiary legislation, continues and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act or its subsidiary legislation.

(2)  This Act does not affect —

(a) any disciplinary proceeding or prosecution for a service offence commenced or pending before 12 October 2004, and every such proceeding may be continued and everything in relation to the proceeding may be done in all respects after that date as if this Act had not been enacted;

(b) the continued operation or force of any finding or order following a disciplinary proceeding or prosecution for a service offence made before 12 October 2004; and

(c) any right of appeal accrued before 12 October 2004 in respect of any such finding or order, and where the appeal has been made under the repealed Act but has not been dealt with or disposed of immediately before that date, the appeal may be dealt with as if this Act had not been enacted.

References in other written laws and documents

122.  Any written law or document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act.