On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 31/01/2006.
PART XII
MISCELLANEOUS
111. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both.
[Police Force 1985 Ed., s. 58]
112.
—(1) Where an offence under this Act committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on such an officer or a member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —
“officer” —
(a)
in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
113.
—(1) Nothing in this Act shall affect the jurisdiction of any court to try a person for any offence under any other written law triable by the court where the act or omission of that person also constitutes a service offence.
(2) Where a person subject to this Act has been charged with a service offence and has had the charge dealt with by a disciplinary officer, a court shall be debarred from trying him subsequently for an offence substantially the same as that offence.
(3) Except as provided in subsections (2) and (5) and section 115, nothing in this Act shall be construed as restricting the jurisdiction of any court to try a person subject to this Act for an offence.
(4) For the purposes of this section, a case shall be deemed to have been dealt with by a disciplinary officer notwithstanding that the finding of that officer has been quashed, or the award of that officer quashed or varied, on the review thereof.
(5) A person subject to this Act shall not be tried by a court for any service offence unless the Public Prosecutor has given his consent for the trial.
(6) Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
114. Where a person subject to this Act —
(a)
has been tried for a service offence by a court; or
(b)
has had a service offence committed by him taken into consideration by the court in sentencing him,
he shall not be liable in respect of that offence to be dealt with and punished by a disciplinary officer under this Act.
115.
—(1) Subject to subsection (2) and except in respect of the service offences mentioned in subsection (3), no person shall be liable to be tried by a disciplinary officer unless his trial begins before the expiration of a period of 6 months from the day upon which the service offence was alleged to have been committed.
(2) A person may be tried by a disciplinary officer within 3 years of the date of commission of the offence if he is an operationally ready national serviceman.
(3) Every person who is subject to this Act at the time of the alleged commission by him of a service offence of desertion or absence without leave shall continue to be liable to be charged, dealt with and tried at any time under this Act.
(4) In calculating the period of limitation referred to in subsection (1), there shall not be included —
(a)
any time during which a person was serving sentence in a prison;
(b)
any period of absence caused by his detention in a drug rehabilitation centre or at any other place pursuant to the provisions of any other written law; and
(c)
any period of absence in respect of which a person has been found guilty by a disciplinary officer of desertion or absence without leave.
(5) Nothing in this section shall affect the jurisdiction of a court to try any person for any service offence committed by him.
116. The Minister may, by order published in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act or any regulations made thereunder subject to such terms and conditions as may be prescribed.
117.
—(1) The Minister may make such regulations not inconsistent with the provisions of this Act to be called the Police Regulations as he may think expedient.
(2) Without prejudice to any other provisions of this Act, such regulations may provide for —
(a)
the organisation and distribution of the Police Force;
(b)
appointments, pay, resignations, discharges, dismissals, reductions, reversions and conditions of service;
(c)
the investigation into, the conduct of disciplinary proceedings and the awarding of punishment, for disciplinary offences which may be dealt with by a disciplinary officer, including but not limited to —
(i)
the procedure to be observed in the bringing of charges before a disciplinary officer;
(ii)
the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating or dealing with such charges;
(iii)
the addition to, or substitution for, a charge which has been investigated of a new charge for a disciplinary offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge;
(iv)
the procedure to be observed in disciplinary proceedings before a disciplinary officer; and
(v)
empowering a disciplinary officer to amend a charge which is being heard by him;
(d)
leave of absence;
(e)
the uniforms, arms and accoutrements to be provided;
(f)
the administration of the Police Fund;
(g)
the administration of any association established for the welfare of police officers and the control of the funds of any such association and the collection from members thereof of subscriptions thereto;
(h)
such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Police Force efficient in the discharge of its duties, and for carrying out the objects of this Act; and
(i)
any other matter which by this Act (except Parts VIII and IX) is required or permitted to be prescribed.
(3) Such regulations shall, if so provided therein, be applicable to and binding on all members of the public service of Singapore employed in connection with the Police Force, notwithstanding that they are not police officers, in the same manner as if they were police officers.
(4) All regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
[Police Force 1985 Ed., s. 54]
118.
—(1) The Commissioner may, from time to time, make such orders not inconsistent with the provisions of this Act and of the Police Regulations to be called the Police General Orders as he may think expedient.
(2) Without prejudice to the generality of subsection (1), such Police General Orders may provide for —
(a)
discipline and the regulation and carrying out of punishment;
(b)
classifications and promotions;
(c)
instructions and examinations;
(d)
inspections, drills, exercises and parades;
(e)
police services and duties of every description and the manner in which they shall be carried out;
(f)
the institution and maintenance of police messes, canteens and reading rooms;
(g)
departmental expenditure;
(h)
buildings, grounds, stores, furniture and equipment;
(i)
transfers of police officers, the places at which they shall reside and the particular services to be performed by them;
(j)
the collection and communication of intelligence and information;
(k)
the manner and form of reports, correspondence and other records;
(l)
the performance of any act which may be necessary for the proper carrying out of the provisions of this Act or any other Act or any regulations made thereunder or for the efficient discharge of any duty imposed by any written law on the Police Force or any member thereof; and
(m)
such other matters as may be necessary and expedient for preventing abuse or neglect of duty, for rendering the Police Force efficient in the discharge of its duties, and for carrying out the provisions of this Act.
[Police Force 1985 Ed., s. 55]
119.
—(1) The Commissioner may issue orders of a routine nature to be called the Force Orders not inconsistent with the provisions of this Act, Police Regulations or Police General Orders for the control, direction and information of the Police Force.
(2) A commanding officer may issue orders to be called the Standing Orders not inconsistent with the provisions of this Act or Police Regulations, Police General Orders or Force Orders for the control, direction and information of the police in his command.
[Police Force 1985 Ed., s. 56]
120. It shall not be necessary to publish any Police General Orders, Force Orders or Standing Orders in the Gazette.
[Police Force 1985 Ed., s. 57]
121.
—(1) On 12th October 2004, every person who immediately before such date was serving in the Singapore Police Force constituted under the repealed Act shall —
(a)
be deemed to be transferred to and to become, at the same rank, grade and seniority immediately before such transfer, a member of the Police Force as if he had been engaged or appointed under this Act; and
(b)
enter upon his duties immediately upon such transfer, and the provisions of this Act shall extend to every such person accordingly,
and his service under the repealed Act shall, for all purposes, be deemed to be service under this Act.
(2) On 12th October 2004, every person who immediately before such date was a member of the Special Constabulary constituted under the provisions of the repealed Act shall —
(a)
be deemed to be transferred to and to become, at the same rank, grade and seniority immediately before such transfer, a member of the Special Constabulary as if he had been appointed under this Act; and
(b)
enter upon his duties immediately upon such transfer, and the provisions of this Act shall extend to every such person accordingly,
and his service under the repealed Act shall, for all purposes, be deemed to be service under this Act.
(3) On 12th October 2004 —
(a)
the Commercial and Industrial Security Corporation Auxiliary Police Force created under the Commercial and Industrial Security Corporation Act (Cap. 47)2; and
2 The Commercial and Industrial Security Corporation Act (Cap. 47, 1998 Ed.) was repealed by the CISCO (Dissolution) Act 2005 (Act 3 of 2005) with effect from 10th June 2005.
(b)
all other Auxiliary Police Forces created under section 71 of the repealed Act,
shall each be deemed to be an Auxiliary Police Force created under Part IX of this Act, and every person who, immediately before 12th October 2004, is serving in such an Auxiliary Police Force, shall continue as an auxiliary police officer and a member of that Auxiliary Police Force at the same rank, grade and seniority immediately before that date.
(4) The person who, immediately before 12th October 2004, is —
(a)
the Commissioner of Police;
(b)
a Gazetted officer appointed under section 9 of the repealed Act; or
(c)
a subordinate officer appointed under section 10(2) of the repealed Act,
shall continue to hold such office as if he were appointed under section 6(1) as the Commissioner, under section 7(1) as a senior police officer and under section 7(2) of this Act, respectively.
(5) Any notice, order, permission or other document prepared, made, granted or approved by or under the authority of the Commissioner or Deputy Commissioner under the repealed Act or any of its subsidiary legislation shall, so far as it is not inconsistent with the provisions of this Act or any of its subsidiary legislation, continue and be deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act or its subsidiary legislation.
(6) Where anything has been commenced by or on behalf of the Commissioner before 12th October 2004, such thing may be carried on and completed by or under the authority of the Commissioner under this Act or its subsidiary legislation.
(7) This Act shall not affect —
(a)
any disciplinary proceeding or prosecution for a service offence commenced or pending before 12th October 2004, and every such proceeding may be continued and everything in relation thereto may be done in all respects after that date as if this Act had not been enacted;
(b)
the continued operation or force of any finding or order following a disciplinary proceeding or prosecution for a service offence made before 12th October 2004; and
(c)
any right of appeal accrued before 12th October 2004 in respect of any such finding or order, and where the appeal has been made under the repealed Act but has not been dealt with or disposed of immediately before that date, the appeal may be dealt with as if this Act had not been enacted.
(8) Sections 108 and 109 shall not apply to any lost or unclaimed property deposited at a police station, and to any movable property of an intestate taken charge of by the police, before 12th October 2004, and such property shall be dealt with in accordance with the provisions of the repealed Act as if this Act had not been enacted.
(9) Any subsidiary legislation made under the repealed Act and in force immediately before 12th October 2004 shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act.
(10) For a period of 2 years after 12th October 2004, the Minister may, by regulations, prescribe such other transitional, incidental and consequential matters arising from the repeal of the repealed Act, as he may consider necessary or expedient.
[Police Force 1985 Ed., ss. 75 and 76]
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