8.
—(1) If the President is satisfied with respect to any person that, with a view to preventing that person from acting in any manner prejudicial to the security of Singapore or any part thereof or to the maintenance of public order or essential services therein, it is necessary to do so, the Minister shall make an order —
(a)
directing that such person be detained for any period not exceeding two years; or
(b)
for all or any of the following purposes:
(i)
for imposing upon that person such restrictions as may be specified in the order in respect of his activities and the places of his residence and employment;
(ii)
for prohibiting him from being out of doors between such hours as may be specified in the order, except under the authority of a written permit granted by such authority or person as may be so specified;
(iii)
for requiring him to notify his movements in such manner at such times and to such authority or person as may be specified in the order;
(iv)
for prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organisation or association, or from taking part in any political activities;
(v)
for prohibiting him from travelling beyond the limits of Singapore or any part thereof specified in the order except in accordance with permission given to him by such authority or person as may be specified in such order,
and any order made under paragraph (b) shall be for such period, not exceeding two years, as may be specified therein, and may by such order be required to be supported by a bond.
(2) The President may direct that the period of any order made under subsection (1) be extended for a further period or periods not exceeding two years at a time.
(3) For the purposes of subsection (1), “essential services” means any service, business, trade, undertaking, manufacture or calling included in the Third Schedule.
(4) Every person detained in pursuance of an order made under subsection (1)(a) or of a direction given under subsection (2) shall be detained in such place as the Minister may direct (hereinafter referred to as a place of detention) and in accordance with instructions issued by the Minister and any rules made under subsection (5).
(5) The Minister may by rules provide for the maintenance and management of any place of detention and for the discipline of persons detained therein.
9. Whenever any person is detained under any order made under section 8(1)(a) he shall, in accordance with Article 151 of the Constitution, as soon as possible —
(a)
be informed of the grounds of his detention;
(b)
subject to clause (3) of that Article (which provides that no authority may be required to disclose facts whose disclosure would in its opinion be against the national interest) be informed of the allegations of fact on which the order is based; and
*(c)
be given the opportunity of making representations against the order as soon as possible.
* While the Emergency (Internal Security and Detention Orders) Regulations 1964 (L.N. 335/64) as amended by L.N. 110/65 are in force this paragraph does not apply in the case of any person in respect of whom a direction has been given under section 8(2) of this Act extending the period of an order made under section 8(1) in respect of that person.
10. At any time after an order has been made in respect of any person under section 8(1)(a) the Minister may direct that the operation of such order be suspended subject to the execution of a bond and to such conditions —
(a)
imposing upon that person such restrictions as may be specified in the direction in respect of his activities and the places of his residence and employment;
(b)
prohibiting him from being out of doors between such hours as may be so specified, except under the authority of a written permit granted by such authority or person as may be so specified;
(c)
requiring him to notify his movements in such manner, at such times and to such authority or person as may be so specified;
(d)
prohibiting him from travelling beyond the limits of Singapore or any part thereof specified in the direction except in accordance with permission given to him by such authority or person as may be so specified;
(e)
prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organisation or association, or from taking part in any political activities;
(f)
permitting him to return to the country to which he belongs or to any other place to which he wishes to proceed provided that the government of such place consents to receive him,
as the Minister sees fit; and the Minister may revoke any such direction if he is satisfied that the person against whom the order was made has failed to observe any condition so imposed or that it is necessary in the public interest that such direction should be revoked.
*11.
—(1) A copy of every order made by the Minister under section 8(1)(a) shall as soon as possible after the making thereof be served on the person to whom it relates, and every such person shall be entitled to make representations against the order to an advisory board.
(2) For the purpose of enabling a person to make representations under subsection (1) he shall, within 14 days of the service on him of the order —
(a)
be informed of his right to make representations to an advisory board under subsection (1); and
(b)
be furnished by the Minister with a statement in writing —
(i)
of the grounds on which the order is made;
(ii)
of the allegations of fact on which the order is based; and
(iii)
of such other particulars, if any, as he may in the opinion of the Minister reasonably require in order to make his representations against the order to the advisory board.
(3) The President may make rules as to the manner in which representations may be made under this section and for regulating the procedure of advisory boards.
* While the Emergency (Internal Security and Detention Orders) Regulations 1964 (L.N. 335/64) are in force, this section does not apply in the case of any person in respect of whom a direction has been given under section 8(2) of this Act extending the period of an order made under section 8(1) in respect of that person.
*12.
—(1) Whenever any person has made any representations under section 11(1) to an advisory board, the advisory board shall, within 3 months of the date on which such person was detained, consider such representations and make recommendations thereon to the President.
(2) Upon considering the recommendations of the advisory board under this section the President may give the Minister such directions, if any, as he thinks fit regarding the order made by the Minister; and every decision of the President thereon shall, subject to section 13, be final and shall not be called in question in any court.
* While the Emergency (Internal Security and Detention Orders) Regulations 1964 (L.N. 335/64) are in force, this section does not apply in the case of any person in respect of whom a direction has been given under section 8(2) of this Act extending the period of an order made under section 8(1) in respect of that person.
13.
—(1) Every order or direction made or given by the Minister under section 8 or 10 (including any order extended by direction of the President under section 8(2)) shall, so long as it remains in force, be reviewed by an advisory board at intervals of not more than 12 months, and the first of such reviews shall take place —
(a)
in the case of a person who is detained in a place of detention, not more than 12 months from the date on which his representations against the order were considered by an advisory board under section 12(1) or, where no such representations have been made, not more than 15 months from the date on which that person was detained in pursuance of the order;
(b)
in the case of a person who is not detained in a place of detention, where the order has been made under section 8(1), not more than 12 months from the date on which the order was served upon that person;
(c)
in the case of a person who has been released from a place of detention in pursuance of a direction under section 10, not more than 12 months from the date of his release.
(2) The advisory board shall on completing every review under subsection (1) forthwith submit to the Minister a written report of every such review, and may make therein such recommendations as it thinks fit.
14. Every advisory board shall, for the purposes of this Act, but subject to section 16, have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents.
15. Every member of an advisory board shall be deemed to be a public servant within the meaning of the Penal Code, and shall have in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under the provisions of this Chapter the like protection and privileges as are by law given to a Judge in the execution of his office.
16. Nothing in this Chapter or in any rules made thereunder shall require the Minister or any member of an advisory board or any public servant to disclose facts or to produce documents whose disclosure or production he considers to be against the national interest.
17.
—(1) The Minister may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person detained in pursuance of the provisions of this Chapter.
(2) Any person in course of removal under subsection (1) shall be deemed to be in lawful custody.
18.
—(1) On proof to his satisfaction that the presence at any place of any person detained under the provisions of this Chapter, or lawfully in the custody of the police or confined in any prison whether in pursuance of the provisions of this Chapter or under an order of any court or otherwise howsoever, and notwithstanding any order of any court or other authority whatsoever, is required in the interests of justice, or for the purpose of any public or other inquiry, or in the national interest, or in the interests of the person detained, in custody or confined, the Minister may order that such person be taken to that place.
(2) Any person in course of being taken to any place in pursuance of subsection (1) and while at such place shall be kept in such custody as the Minister may direct and while in that custody shall be deemed to be in lawful custody.