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Contents

Long Title

Part I PRELIMINARY

Part II CONSTITUTION AND ADMINISTRATION OF POLICE FORCE

Part III DUTIES AND DISCIPLINE OF POLICE OFFICERS

Division 1 — Duties of police officers

Division 2 — Discipline of police officers

Division 3 — Service offences

Part IV COMMITTEES OF INQUIRY

Part V SERVICE OUTSIDE SINGAPORE

Part VI SERVICE AS AIR MARSHALS ON BOARD SINGAPORE AIRCRAFT

Part VII PUBLIC OFFICERS WITH POLICE POWERS

Part VIII SPECIAL CONSTABULARY

Division 1 — Organisation and duties of Special Constabulary

Division 2 — Discipline in Special Constabulary

Division 3 — Special provision for volunteers

Division 4 — Special provisions for national servicemen

Part IX AUXILIARY POLICE FORCES

Division 1 — Creation and regulation of Auxiliary Police Forces

Division 2 — Auxiliary police officers

Division 3 — Mobilisation of Auxiliary Police Forces

Division 4 — General provisions

Part X POLICE FUND

Part XI UNCLAIMED PROPERTY AND ESTATES OF INTESTATES

Part XII MISCELLANEOUS

THE SCHEDULE Disciplinary Offences

Legislative Source Key

Legislative History

Comparative Table

 
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On 22/11/2014, you requested the version as published on or before 22/11/2014.
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Controls over ownership of employer of Auxiliary Police Force
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
1(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 of an aggregate of more than 50% of the nominal amount of all voting shares in an employer of an Auxiliary Police Force
1  Paragraph (b) of section 88(1) will be deleted and substituted by the following paragraph with effect from 30th January 2006 when item (10) of the Schedule to the Companies (Amendment) Act 2005 (Act 21 of 2005) is brought into operation:
(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.