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Contents

Long Title

Preamble

Part I PRELIMINARY

Part II GENERAL PROVISIONS RELATING TO INTERNAL SECURITY

Chapter I — Prohibition of organisations and associations of a political or quasi-military character and uniforms, etc.

Chapter II — Powers of preventive detention

Chapter III — Special powers relating to subversive publications, etc.

Chapter IV — Control of entertainments and exhibitions

Chapter V — Other powers for the prevention of subversion

Chapter VI — Miscellaneous

Part III SPECIAL PROVISIONS RELATING TO SECURITY AREAS

Chapter I — Proclamation of security areas

Chapter II — Powers relating to presevation of public security

Chapter III — Offences relating to security areas

Chapter IV — Powers of police and others

Chapter V — General

Chapter VI — Power to make regulations

Part IV MISCELLANEOUS PROVISIONS

FIRST SCHEDULE Laws Against Which Suspected Offenders May be Forcibly Arrested

SECOND SCHEDULE Specified Laws

THIRD SCHEDULE Essential Services

Legislative History

 
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Print   Link to In-Force Version
On 17/09/2014, you requested the version in force on 17/09/2014 incorporating all amendments published on or before 17/09/2014. The closest version currently available is that of 02/01/2011.
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Chapter III —
Offences relating to security areas
Offences relating to firearms, ammunition and explosives
58.
—(1)  Any person who without lawful excuse, the onus of proving which shall be on such person, in any security area carries or has in his possession or under his control —
(a)
any firearm without lawful authority therefor; or
(b)
any ammunition or explosive without lawful authority therefor,
shall be guilty of an offence under this Part and shall be liable on conviction to be punished with death.
(2)  A person shall be deemed to have lawful authority for the purposes of this section only if he —
(a)
is a police officer or a member of the security forces, or any person employed in the Prisons Department, and in every such case is carrying or is in possession of or has under his control such firearm, ammunition or explosive in or in connection with the performance of his duty;
(b)
is a person duly licensed, or authorised without a licence, under the provisions of any written law for the time being in force to carry, possess or have under his control such firearm, ammunition or explosive; or
(c)
is a person exempted from this section by an officer in charge of a division, or is a member of any class of persons so exempted by the Commissioner of Police by notification in the Gazette:
Provided that no person shall be deemed to have lawful authority for the purposes of this section or to be exempt from this section if he carries or has in his possession or under his control any such firearm, ammunition or explosive for the purpose of using the same in a manner prejudicial to public security or the maintenance of public order.
(3)  A person shall be deemed to have lawful excuse for the purposes of this section only if he proves —
(a)
that he acquired such firearm, ammunition or explosive in a lawful manner and for a lawful purpose; and
(b)
that he has not at any time while carrying or having in his possession or under his control such firearm, ammunition or explosive acted in a manner prejudicial to public security or the maintenance of public order.
(4)  A person charged with an offence under this section shall not be granted bail.
Consorting with person carrying or having possession of fire arms or explosives
59.
—(1)  Any person who in any security area consorts with or is found in the company of another person who is carrying or has in his possession or under his control any firearm, ammunition or explosive in contravention of section 58, in circumstances which raise a reasonable presumption that he intends, or is about, to act, or has recently acted, with such other person in a manner prejudicial to public security or the maintenance of public order shall be guilty of an offence under this Part and shall be liable on conviction to be punished with death or with imprisonment for life.
(2)  Any person who in any security area consorts with, or is found in the company of, another person who is carrying or has in his possession, or under his control any firearm, ammunition or explosive in contravention of section 58, in circumstances which raise a reasonable presumption that he knew that such other person was carrying or had in his possession or under his control any such firearm, ammunition or explosive shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for a term not exceeding 10 years.
(3)  Where, in any prosecution for an offence under this section, it is established to the satisfaction of the court that the accused person was consorting with or in the company of any person who was carrying or had in his possession or under his control any firearm, ammunition or explosive, it shall be presumed, until the contrary is proved, that such last-mentioned person was carrying or had in his possession or under his control such firearm, ammunition or explosive in contravention of section 58.
Supplies
60.
—(1)  Any person who whether within or outside a security area demands, collects or receives any supplies from any other person in circumstances which raise a reasonable presumption that he intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies so demanded, collected or received are intended for the use of any person who intends or is about, so to act, or has recently so acted, or for the use of any terrorist, shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for life.
(2)  Any person who whether within or outside a security area is found in possession of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that such supplies are intended for the use of any person who intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that such supplies are intended for the use of any terrorist shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for life.
(3)  Any person who whether within or outside a security area provides, whether directly or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that such other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies so provided are intended for the use of any person who intends or is about, so to act, or has recently so acted, or that such supplies are intended for the use of any terrorist shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for life:
Provided that no person shall be convicted of any offence under this subsection if he proves that prior to being charged with or accused of such offence by a police officer or a person in authority he voluntarily gave full information of the offence to a police officer.
(4)  In any charge for an offence under this section it shall not be necessary to specify the person or persons from whom any supplies were demanded, collected or received or to whom any supplies were provided or intended to be provided.
Failure to report offences or to give information
61.  Any person who, whether within or outside a security area, while any proclamation under section 48 is in force —
(a)
knowing or having reasonable cause to believe that another person has committed an offence under this Part fails to report that offence to a police officer; or
(b)
having in his possession any information as to the present or intended movements or whereabouts of any person whom he knows or has reasonable cause to believe to be a terrorist fails to report the same to a police officer,
shall be guilty of an offence under this Part and shall be liable on conviction to imprisonment for a term not exceeding 10 years:
Provided that no person shall be convicted of any offence under this section if he proves that prior to being charged with or accused of such offence by a police officer or a person in authority, he voluntarily gave full information of such other offence or of such movements or whereabouts to a police officer.
Attempt to commit offences
62.  Without prejudice to the operation of Chapter V and Chapter XXIII of the Penal Code, any person who whether within or outside a security area, while any proclamation under section 48 is in force, attempts to commit, or does any act preparatory to the commission of an offence under this Part shall be deemed to be guilty of that offence under this Part.
Assisting offenders
63.  No person, knowing or having reasonable cause to believe that another person has committed an offence under this Part, shall, whether within or outside a security area, give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for the offence.
Abetment and general penalty
64.  If any person contravenes or fails to comply with any provision of this Part, or any order made under or direction given or requirement imposed under any such section of this Part or, whether within or outside a security area, abets such contravention or failure, he shall be guilty of an offence under this Part; and subject to any special provisions contained in this Part or in any regulations made under section 72, a person guilty of any such offence 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.