—(1) Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe —
that there are grounds which would justify his detention under section 8; and
that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Singapore or any part thereof.
(2) Any police officer may without warrant arrest and detain pending enquiries any person, who upon being questioned by the officer fails to satisfy the officer as to his identity or as to the purposes for which he is in the place where he is found, and who such officer suspects has acted or is about to act in any manner prejudicial to the security of Singapore or any part thereof.
(3) No person shall be detained under this section for a period exceeding 24 hours except with the authority of a police officer of or above the rank of assistant superintendent of police or, subject as hereinafter provided, for a period of 48 hours in all.
(4) If an officer of or above the rank of superintendent of police is satisfied that the necessary enquiries cannot be completed within the period of 48 hours prescribed by subsection (3) he may authorise the further detention of any person detained under this section for an additional period not exceeding 28 days.
(5) Any officer giving any authorisation under subsection (4) shall forthwith report the circumstances thereof to the Commissioner of Police; and where such authorisation authorises detention for any period exceeding 14 days the Commissioner of Police shall forthwith report the circumstances thereof to the Minister.
(6) The powers conferred upon a police officer by subsections (1) and (2) may be exercised by any member of the security forces, by any person performing the duties of a guard or watchman in a protected place, and by any other person generally authorised in that behalf under section 3 of the Protected Areas and Protected Places Act [Cap. 256].
(7) Any person detained under the powers conferred by this section shall be deemed to be in lawful custody, and may be detained in any prison, or in any police station, or in any other similar place authorised generally or specially by the Minister.
—(1) Notwithstanding anything to the contrary in any other written law, it shall be lawful for any police officer in order —
to effect the arrest of any person liable to detention under any order made under section 8;
to effect the arrest of any person whom he has, in all the circumstances of the case, reasonable grounds for suspecting to have committed an offence under this Act or under any provision of any written law for the time being specified in the First Schedule;
to overcome forcible resistance offered by any person to such arrest; or
to prevent the escape from arrest or the rescue of any person arrested as aforesaid,
to use such force as, in the circumstances of the case, may be reasonably necessary, which force may extend to the use of lethal weapons.
(2) Every person arrested for any of the offences referred to in subsection (1) shall as soon as possible after his arrest be clearly warned of his liability to be shot at if he endeavours to escape from custody.
(3) The powers conferred upon a police officer by subsection (1) may be exercised by any member of the security forces, and by any person performing the duties of a guard or watchman in a protected place, and by any other person generally authorised in that behalf by the Commissioner of Police.
(4) Nothing in this section shall derogate from the right of private defence contained in sections 96 to 106, inclusive, of the Penal Code.
—(1) Where any person is charged with any offence under this Act or under any written law for the time being specified in the Second Schedule any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after that person is charged and whether in the course of a police investigation or not and whether or not wholly or partly in answer to questions, by that person to or in the hearing of any police officer of or above the rank of sergeant and whether or not interpreted to him by any other police officer or any other person concerned, or not, in the arrest, shall notwithstanding anything to the contrary in any written law, be admissable at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:
Provided that no such statement shall be admissible or used as aforesaid —
if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against that person, proceeding from a person in authority and sufficient in the opinion of the court to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or
in the case of a statement made by such person after his arrest, unless the court is satisfied that a caution was administered to him in the following words or words to the like effect:
“It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence”:
Provided that a statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of no such caution having been given if it has been given as soon as possible.
(2) Notwithstanding anything to the contrary in any written law, a person accused of an offence to which subsection (1) applies shall not be bound to answer any questions relating to such case after any such caution has been administered to him.
(3) This section shall apply in relation to any person tried after the date of commencement of this Act, whether or not the proceedings against such person were instituted and whether or not the relevant statement was made before that date.
77. The Minister may, if he is satisfied that any evidence of the commission of an offence under this Act or under any written law for the time being specified in the Second Schedule is likely to be found in any banker’s book, by order authorise any police officer to inspect any such book, and a police officer so authorised may, at all reasonable times, enter the bank specified in the order and inspect the banker’s books kept therein, and may take copies of any entry in any such book.
—(1) Subject to subsection (2), the provisions of the Criminal Procedure Code [Cap. 68] relating to the disposal of property the subject of an offence shall apply to any article coming into the possession of a police officer or any other person having any functions in connection with the operation of this Act which such officer or person has reasonable ground for believing to be evidence of the commission of an offence under this Act; and in relation to any such article any reference therein to a police officer shall have effect as if it included a reference to any such person.
(2) Any article or material coming into the possession of a police officer under section 66 may be disposed of in such manner as the Minister may order.
(3) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.
79. The provisions of the Registration of Criminals Act [Cap. 268], relating to the taking of finger impressions and photographs of persons under arrest and accused of any crime shall apply to persons arrested and detained under this Act as if they were persons accused of any crime within the meaning of that Act.
80. Without prejudice to the jurisdiction of the High Court, a District Court shall have jurisdiction to try any offence under this Act, other than an offence punishable with death, and to pass any sentence prescribed therefor not exceeding 5 years’ imprisonment or a fine of $5,000 or both.
81. A prosecution for any offence under this Act punishable with imprisonment for a term of 7 years or more shall not be instituted except with the consent of the Public Prosecutor:
Provided that, subject to the provisions of the law for the time being in force relating to criminal procedure —
a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until that consent has been obtained; and
when a person is brought before a court under this section before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and the provisions of such law shall be modified accordingly.
—(1) When any order or regulation is made or direction or instruction is given under this Act, the Minister or other authority making such order or regulation or giving such direction or instruction shall cause notice of its effect to be given as soon as possible in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of it, and such order, regulation, direction or instruction shall have effect as soon as notice as aforesaid has been given, without publication in the Gazette.
(2) Without prejudice to any special provisions in this Act or in any rules or regulations made thereunder, a notice to be served on any person for the purposes of any section may be served by leaving it at, or by sending it by post in a letter addressed to that person at, his last or usual place of abode or place of business.
(3) Any order or regulation made or any direction or instruction given under this Act may at any time during its continuance be cancelled by the person empowered to make such order or regulation or to give such direction or instruction, but without prejudice to the previous validity thereof or to anything done thereunder or to the power of that person to make a fresh order or regulation or give a fresh direction or instruction under such provisions.
83. Nothing in this Act shall affect any other law relating to criminal offences:
Provided that no person shall be punished twice for the same offence.