On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 24/08/2012.
41.
—(1) When a person is charged with and convicted of —
(a)
rioting, assault or any other breach of the peace or abetting any such offence;
(b)
an offence under section 143, 144, 145, 153, 504 or 510 of the Penal Code (Cap. 224) or under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184);
(c)
assembling armed men or taking other unlawful measures for such purpose; or
(d)
committing criminal intimidation by threatening injury to any person or property,
and the court before which he is convicted believes that that person must execute a bond for keeping the peace, then the court may, at the time of passing sentence on that person, or instead of any sentence, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace for a period not exceeding 2 years.
(2) If the conviction is set aside on appeal or otherwise, the bond so executed becomes void.
42.
—(1) If, during or after a trial, the court considers that a complainant is or has been behaving in such a way that he should be ordered to execute a bond to keep the peace, the court may require him to show cause why he should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.
(2) The evidence which the court relies on under subsection (1) must be read to the complainant, but it shall not be necessary to recall any witness unless the complainant desires to cross-examine the witness.
(3) The court may deal with this proceeding either as part of the case out of which it has arisen or as a separate proceeding.
43. If it appears to a court that a person is likely to breach the peace or do a wrongful act that might lead to a breach of the peace, the court may require that person to show cause why he should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.
44.
—(1) A court may require a person to show cause why he should not be ordered to execute a bond for his good behaviour for a period not exceeding 2 years, if it appears to the court that —
(a)
the person is trying to conceal his presence and there is reason to believe that he is doing so with a view to committing an offence;
(b)
the person has no apparent means of supporting himself or is unable to give a satisfactory account of himself; or
(c)
the person orally or in writing disseminates or tries to disseminate or in any way helps to disseminate —
(i)
any seditious matter, that is to say, any matter whose publication is punishable under the Sedition Act (Cap. 290) or any material which forms the subject matter of a charge under section 267C, 298A or 505 of the Penal Code (Cap. 224); or
(ii)
any matter concerning a Judge or a judicial officer amounting to criminal intimidation or defamation under the Penal Code.
(2) No proceeding shall be taken under subsection (1)(c) except with the consent of the Public Prosecutor.
45. A court may require a person to show cause why he should not be ordered to execute a bond for his good behaviour for a period not exceeding 2 years, if it appears to the court that —
(a)
the person habitually commits offences;
(b)
the person habitually associates with robbers, housebreakers, thieves, prostitutes or people who have no apparent means of subsistence; or
(c)
the person is so desperate or dangerous as to pose a risk to the community when at large.
46. Where a court acting under section 43, 44 or 45 considers it necessary to require any person to show cause under the section, it must make an order in writing setting out —
(a)
the information received on which the court is acting;
(b)
the amount of the bond to be executed;
(c)
how long the bond will be in force; and
(d)
the number of sureties, if any, required.
47.
—(1) If the person subject to an order under section 46 is present in court, the order must be read to him or, if he wishes, explained to him.
(2) If the person subject to the order is not present in court, the court must issue a summons requiring him to appear or, if he is in custody, a warrant instructing the officer in whose custody he is to bring him before the court.
(3) The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest.
(4) A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).
(5) The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.
48. The court may, if it has good reasons, dispense with the personal attendance of a person subject to an order under section 46, and permit him to appear by an advocate.
49.
—(1) When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary.
(2) The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed.
(3) For the purposes of this section, a person’s habitual offending may be proved by evidence of his general reputation or in other ways.
50.
—(1) If after an inquiry under section 49, the court is satisfied that the person subject to the order must execute a bond in order to keep the peace or maintain good behaviour, the court must make such order as is appropriate.
(2) The bond may be with or without sureties and —
(a)
must not be larger than the amount or longer than the period specified in the order made under section 46; and
(b)
the amount of the bond must be fixed with due regard to the circumstances of the case and shall not be excessive but must be such as to afford the person against whom the order is made a fair chance of complying with it.
(3) If the court is satisfied that a bond is not necessary, the court must release the person subject to the order.