On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
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PART IX
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 (referred to in this Part as 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;
(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 may be approved by the Commissioner.
[Police Force 1985 Ed., s. 71(1)]
(2) The Commissioner may, in authorising the creation of an Auxiliary Police Force under subsection (1), impose such conditions as he thinks fit.
(3) Without prejudice to the generality of subsection (2), the conditions that may be imposed under subsection (2) 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)
requiring the employer to seek the Minister’s approval before any change in the substantial shareholder of the company or organisation occurs.
(4) The Commissioner may at any time, by notice in writing to the employer of the Auxiliary Police Force concerned, vary any condition imposed under subsection (2) or impose any additional condition on an employer of an Auxiliary Police Force.
(5) Before varying any condition or imposing additional conditions on an employer of an Auxiliary Police Force under subsection (4), the Commissioner shall notify the employer of his intention to do so and shall give the employer an opportunity to be heard as to why the conditions should not be so varied or the additional conditions should not be imposed, as the case may be.
(6) Any decision of the Commissioner under subsection (5) in relation to an Auxiliary Police Force shall 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) shall be final.
(9) Any person, not being an employer of an Auxiliary Police Force authorised by the Commissioner under this section, who —
(a)
in the course of any business carries on any security activity; or
(b)
advertises or in any way holds out that the person carries on, or is willing to carry on, for remuneration any security activity,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.
87.
—(1) No employer of an Auxiliary Police Force (other than the Government) shall be merged or consolidated with, or taken over by —
(a)
any other employer of an Auxiliary Police Force; or
(b)
any other person (not being such an employer),
without the prior written approval of the Minister.
(2) For the purposes of subsection (1), the Minister may prescribe in the Auxiliary Police Forces Regulations the circumstances under which an employer of an Auxiliary Police Force would be considered to be merged or consolidated with, or taken over by, any other person.
(3) No employer of an Auxiliary Police Force (other than the Government or a statutory body) shall, on or after 12th October 2004, appoint a person as its chief executive officer unless it has obtained the prior approval of the Commissioner.
(4) 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 shall be citizens of Singapore.
(5) No chief executive officer of an employer of an Auxiliary Police Force who was appointed before 12th October 2004 shall be permitted by the employer to act as such on or after that date unless —
(a)
his appointment as chief executive officer of the employer was approved by the Commissioner before that date; or
(b)
his appointment as chief executive officer of the employer is approved by the Commissioner on a written application by the employer made within 6 months after 12th October 2004, or such longer period as the Commissioner may allow.
(6) Where the Commissioner does not approve the appointment of a person as chief executive officer under subsection (3) or (5), the employer of an Auxiliary Police Force concerned shall immediately remove the person from such office.
(7) This section shall have effect notwithstanding the provisions of any other written law or of the memorandum or articles of association, or other constitution, of a company.
(8) In this section —
“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;
“director” has the same meaning as in section 4(1) of the Companies Act (Cap. 50).
88.
—(1) No person shall, on or after 12th October 2004 —
(a)
become a substantial shareholder of an employer of an Auxiliary Police Force; or
(b)
if he is not a citizen of Singapore, enter into any agreement or arrangement, whether oral or in writing and whether express or implied, to act together with any other person (whether or not a citizen of Singapore) with respect to the acquisition, holding or disposal of, or the exercise of rights in relation to, their interests in voting shares in an employer of an Auxiliary Police Force, of —
(i)
where the employer is a company, an aggregate of more than 50% of the total votes attached to all voting shares in the employer; or
(ii)
where the employer is an organisation other than a company, an aggregate of more than 50% of the nominal amount of all voting shares in the employer,
without first obtaining the approval of the Minister.
(2) Subject to subsection (4), no person who —
(a)
immediately before 12th October 2004, is a substantial shareholder of an employer of an Auxiliary Police Force shall continue to be a substantial shareholder unless he has, within 6 months after 12th October 2004, or such longer period as the Minister may allow, applied to the Minister for approval to continue to be such a shareholder; or
(b)
at any time before 12th October 2004, if he is not a citizen of Singapore, has entered into any agreement or arrangement referred to in subsection (1)(b) shall continue to be a party to such an agreement or arrangement unless he has, within 6 months after that date, or such longer period as the Minister may allow, applied to the Minister for approval to continue to be a party to such an agreement or arrangement.
(3) The Minister may, in his discretion, approve an application made by any person under subsection (1) or (2) if the Minister is satisfied that —
(a)
the person is a fit and proper person;
(b)
having regard to the person’s likely influence, the employer of the Auxiliary Police Force will or will continue to conduct its business prudently and comply with the provisions of this Act; or
(c)
it is in the national interest to do so.
(4) Any approval under this section may be granted to any person subject to such conditions as the Minister may determine, including but not limited to any condition —
(a)
restricting the person’s disposal or further acquisition of shares or voting power in the employer of an Auxiliary Police Force; or
(b)
restricting the person’s exercise of voting power in that employer.
(5) Any condition imposed under subsection (4) shall have effect notwithstanding any of the provisions of the Companies Act (Cap. 50) or anything contained in the memorandum or articles of association, or other constitution, of the employer of an Auxiliary Police Force.
(6) Where the Minister does not approve an application made by any person under subsection (1) or (2), the person shall, within such time as the Minister may specify, take such steps as are necessary —
(a)
in the case of subsection (1)(a) or (2)(a), to cease to be a substantial shareholder; or
(b)
in the case of subsection (1)(b) or (2)(b), to cease to be a party to the agreement or arrangement.
(7) The Minister may, by order published in the Gazette, make such further transitional provisions as he considers necessary or expedient for the purposes of this section.
(8) Any person served with a written notice of objection under this section shall comply with the notice.
(9) 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 $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.
(10) Where a person is charged with an offence in respect of a contravention of subsection (1) or (2), it shall be a defence for the person to prove that —
(a)
he was not aware that he had contravened subsection (1) or (2), as the case may be; or
(b)
he has, within 14 days of becoming aware that he had contravened subsection (1) or (2), as the case may be, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to his shareholding or control of the voting power in the employer of an Auxiliary Police Force as the Minister may direct.
(11) Except as provided in subsection (10), it shall not be a defence for a person charged with an offence in respect of a contravention of subsection (1) or (2) to prove that he did not intend to or did not knowingly contravene that provision.
(12) For the purposes of this section, a person has an interest in any share if —
(a)
he is deemed to have an interest in that share under section 7 of the Companies Act (Cap. 50); or
(b)
he otherwise has a legal or an equitable interest in that share except for such interest as is to be disregarded under section 7 of the Companies Act.
(13) This section shall apply only in relation to an employer of an Auxiliary Police Force that is a company.
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, from time to time —
(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.
90.
—(1) Every employer of an Auxiliary Police Force shall 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 is infringing, likely to infringe or has infringed any provision of this Part or of any code of practice, 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, 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 —
(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;
(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; or
(B)
$50,000 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); or
(viii)
impose such other direction or restriction as the Commissioner considers appropriate.
(4) Any person who fails, without reasonable excuse, 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 shall —
(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 shall, where it is so provided in such provisions, be determined by the Commissioner on the application for that purpose by any aggrieved person to the Commissioner.
(7) Any 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 he 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 shall 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 such directions on the matter as he thinks fit.
(10) The decision of the Minister in any appeal under subsection (7) shall be final.
(11) Any financial penalty payable by any person under subsection (3)(vii) shall be recoverable by the Commissioner as a debt due to the Government from that person; and the person’s liability to pay shall not be affected by any authorisation under section 86 for his Auxiliary Police Force ceasing (for any reason) to be in force.
91.
—(1) Subject to this section —
(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; and
(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,
is prohibited.
(2) Subsection (1)(a) shall apply —
(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 12th 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 shall 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 he 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 his 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)
shall have effect for such period as the Commissioner considers appropriate; and
(c)
shall be in writing and sent by the Commissioner to the person to whom the exemption is granted.
(9) An exemption granted under subsection (7) shall, unless previously revoked in accordance with the terms of the exemption or under subsection (10), continue 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 his own initiative —
(a)
extend the period for which an exemption granted under subsection (1) 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.
92.
—(1) No person shall 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 him.
(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 such consultation with their employer as 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) shall 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 duties or who carries out any duties of a police officer prescribed in this Act shall be deemed to be a public servant for the purposes of the Penal Code (Cap. 224).
(6) Every auxiliary police officer shall on appointment take before a senior police officer an oath of office and an oath of allegiance prescribed by the Oaths and Declarations Act (Cap. 211) in such manner as may be prescribed in the Auxiliary Police Forces Regulations.
(7) Every auxiliary police officer shall comply with every relevant directive issued under section 89(3), and failure to do so shall be a disciplinary offence.
[Police Force 1985 Ed., s. 71(2), (3), (5) and (7)]
93.
—(1) The pay, pensions, welfare and conditions of service of every auxiliary police officer and his day-to-day duties shall be matters entirely within the jurisdiction of the Government, if he is employed by the Government, or the statutory body, company or other organisation employing him.
(2) The standard arms, ammunition and other accoutrements shall be 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 shall apply to auxiliary police officers who are members of an Auxiliary Police Force as it applies to police officers, except that auxiliary police officers shall not be 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 consultation with 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 salaries and allowances of those police officers shall, during the secondment, be paid by that statutory body, company or other organisation, as the case may be.
[Police Force 1985 Ed., s. 71(6), (7) and (8)]
94.
—(1) A person shall cease to be an auxiliary police officer immediately upon his dismissal by, or his resignation from the service of, the Government or by any statutory body, company or other organisation employing him, as the case may be, in its Auxiliary Police Force.
(2) Immediately on ceasing to be an auxiliary police officer, the person referred to in subsection (1) shall surrender his warrant card to the Commissioner through his former employer or the Commander of the Auxiliary Police Force, and the Commissioner shall cancel the warrant card.
(3) Notwithstanding subsections (1) and (2), the Commissioner may, after prior notice to the employer concerned, in his discretion, cancel at any time the warrant card issued to any auxiliary police officer, who shall thereupon cease to be an auxiliary police officer.
[Police Force 1985 Ed., s. 71(9) to (11)]
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 —
(a)
leaves or fails to attend at his place of duty in his Auxiliary Police Force with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his place of duty in the Force, thereafter forms the like intention; or
(b)
absents himself 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 he 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 such finding or punishment.
(6) In every case where an appeal has been lodged under subsection (5) against any punishment awarded, the punishment shall be suspended pending the determination of the appeal.
(7) The decision of the Commissioner on an appeal under subsection (5) shall be final.
96.
—(1) The employer of an Auxiliary Police Force shall, 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 shall be accountable to the Commissioner in respect of the discharge of his duties as a Commander of the Auxiliary Police Force and the exercise of police powers by the auxiliary police officers under his charge.
(3) Every Auxiliary Police Force shall be organised in ranks similar to those of the Police Force, and shall be 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.
[Police Force 1985 Ed., s. 71(4)]
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 shall continue 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 shall assemble at such place and perform such service as the Commissioner or his authorised officer directs.
(3) Every member of an Auxiliary Police Force shall, during the period of mobilisation, have the same powers and duties and the same protection and immunities of a police officer.
(4) Any person mobilised for active service under this section who without reasonable excuse, the proof whereof shall lie on him, 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 shall provide the mobilised officer with the usual uniform, equipment, arms, ammunitions and such other accoutrements which are provided to the officer in his usual course of duties to enable the officer to discharge his duties effectively.
(6) No employer shall —
(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 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 period of mobilised service.
(7) Any 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 he 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 him 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.
98.
—(1) The employer of an Auxiliary Police Force mobilised under section 97 shall be 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 his employment who is mobilised under that section.
(2) In computing the remuneration under subsection (1), the Commissioner shall have regard to the following:
(a)
the expenses incurred by the employer in respect of the auxiliary police officer who has been mobilised; and
(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 not been mobilised.
(3) As soon as may be practicable after the mobilisation of any auxiliary police officer, there shall 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 his employer, there shall 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 (referred to in this Act as the claimant) shall be deemed to have accepted the offer contained therein unless he notifies the Commissioner, within 4 weeks after he receives the receipt or notice, of his 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 shall be deemed to have agreed that no damage has so occurred unless he notifies the Commissioner, within 4 weeks after he receives the notice, of his claim that damage has so occurred and stating the compensation he 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 he does not propose to make any further offer or that he 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 him to inspect the property.
(9) Nothing in this section shall operate so as to require the making of any payment of compensation before the end of the period of mobilisation of any property.
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 shall 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) shall be made in the prescribed manner.
(3) Subject to the Auxiliary Police Forces Regulations, the proceedings before a Compensation Board shall 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 shall be deemed to be judicial proceedings within the meaning of the Penal Code (Cap. 224).
100.
—(1) Except as provided in this section, a decision of a Compensation Board shall be final and binding on the parties.
(2) An appeal shall lie to 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 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 Court’s opinion on the question of law which was the subject of the appeal,
and where a direction is given under paragraph (b), the Compensation Board shall, unless the Court otherwise directs, make its order within 3 months of the date of the order.
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 shall 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 shall be appointed by the Minister for a period of 2 years and shall be eligible for re-appointment, but no person shall be eligible for appointment unless he possesses the qualifications required for a District Judge under section 9(3) of the Subordinate Courts Act (Cap. 321).
(3) The Minister may appoint such number of deputy presidents as he thinks fit.
(4) For the purpose of enabling a Compensation Board to be constituted, there shall be a panel of not more than 20 persons, each of whom shall be appointed by the Minister for a period of 2 years and shall be eligible for re-appointment.
(5) No person shall be eligible to be appointed or to remain the president, or a deputy president or a member of the panel if he —
(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)
is mentally disordered and incapable of managing himself or his affairs.
(6) Where a person ceases to be a member of the panel, the Minister shall, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel shall 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 shall be paid to the president, deputy presidents and members of a Compensation Board such salaries, fees and allowances as the Minister may determine.
(9) Every president, deputy president and member of a Compensation Board, when and so long as he is serving on the Compensation Board, shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224) and shall enjoy the same judicial immunity as is enjoyed by a District Judge.
102.
—(1) No person shall, otherwise than in the performance of his duties or in the course of his business, reveal any information of a private or confidential nature which was acquired by him or which came to his knowledge in the course of his duties —
(a)
as an auxiliary police officer; or
(b)
in connection with an Auxiliary Police Force, whether or not he is an auxiliary police officer.
(2) Any 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.
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 shall give effect to every such direction.
(2) The Commissioner and any person authorised in writing in that behalf by him shall, 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) Any 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 he 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 duty under this Act; or
(d)
refuses or neglects to give any information which may reasonably be required of him and which he has it in his 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 1 of this Part, the Commissioner or a person authorised in that behalf by him may, by notice in writing, direct any employer of an Auxiliary Police Force to obtain from any of its shareholders and to transmit to the Commissioner information —
(a)
as to whether that shareholder holds any share in the employer of an Auxiliary Police Force as beneficial owner or as trustee; and
(b)
if the shareholder holds the share as trustee, to indicate, so far as he can, the person for whom he holds the share (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his interest,
and the employer shall comply with that direction within such time as may be specified in the notice.
(5) The Commissioner may, by notice in writing, 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 he holds that interest as beneficial owner or as trustee, and if he holds the interest as trustee, to indicate, so far as he can, the person for whom he holds the interest (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his 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 shall comply with that notice within such time as may be specified therein.
(6) Any 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 thereof during which the offence continues after conviction.
104.
—(1) The Minister may make regulations to carry out the purposes of this Part.
(2) Without prejudice to the generality of 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 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; and
(j)
any other matter which by this Part is required or permitted to be prescribed.
(3) All Auxiliary Police Forces Regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
[Police Force 1985 Ed., s. 71(12)]
105.
—(1) Any act done or omitted to be done by any auxiliary police officer employed by any statutory body, company or other organisation shall be deemed to be an act done or omitted to be done in the course of his 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.
[Police Force 1985 Ed., s. 71(13)]