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Contents  

Long Title

Preamble

Part I PRELIMINARY

Part II GENERAL PROVISIONS RELATING TO INTERNAL SECURITY

Chapter I — Prohibition of organisations and associations of a political or quasi-military character and uniforms, etc.

Chapter II — Powers of preventive detention

Chapter III — Special powers relating to subversive publications, etc.

Chapter IV — Control of entertainments and exhibitions

Chapter V — Other powers for the prevention of subversion

Chapter VI — Miscellaneous

Part III SPECIAL PROVISIONS RELATING TO SECURITY AREAS

Chapter I — Proclamation of security areas

Chapter II — Powers relating to preservation of public security

Chapter III — Offences relating to security areas

Chapter IV — Powers of police and others

Chapter V — General

Chapter VI — Power to make regulations

Part IV MISCELLANEOUS PROVISIONS

FIRST SCHEDULE Laws against which suspected offenders may be forcibly arrested

SECOND SCHEDULE Specified laws

THIRD SCHEDULE Essential services

Legislative History

 
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Internal Security Act
(CHAPTER 143)

(Original Enactment: M Act 18 of 1960 )

    Note: (The Malaysian Internal Security Act 1960 (No. 18/60) was extended to Singapore on 16.9.63 when Singapore became a component part of Malaysia — see L.N. 231/63. The preambles to that Act are reproduced in this Act in their entirety.)
REVISED EDITION 1985
(30th March 1987)
An Act to provide for the internal security of Singapore, preventive detention, the prevention of subversion, the suppression of organised violence against persons and property in specified areas of Singapore, and for matters incidental thereto.
[16th September 1963]
Whereas action has been taken by a substantial body of persons to cause a substantial number of citizens to fear organised violence against persons and property:
And Whereas action has been taken and threatened by a substantial body of persons which is prejudicial to the security of Malaya:
And Whereas Parliament considers if necessary to stop or prevent that action:
Now therefore pursuant to Article 149 of the Constitution be it enacted by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Ra’ayat in Parliament assembled, and by the authority of the same, as follows:
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Internal Security Act.
Interpretation
2.  In this Act, unless the context otherwise requires —
“advisory board” means an advisory board constituted as mentioned in Article 151(2) of the Constitution;
“ammunition” means ammunition for any firearm as hereafter defined and includes grenades, bombs and other like missiles whether capable of use with such a firearm or not and any ammunition containing or designed or adapted to contain any noxious liquid, gas or other thing;
“Commissioner of Police” includes the Deputy Commissioner of Police and any gazetted police officer for the time being lawfully authorised to exercise the powers and perform the duties conferred or imposed upon the Commissioner of Police by this Act;
“controlled area” means any area declared to be a controlled area under section 50;
“danger area” means any area declared to be a danger area under section 49;
“document” includes any substance on which is recorded any matter, whether by letters, figures, marks, pictorial or other representation, or by more than one of these means;
“entertainment” means any game, sport, diversion, concert or amusement of any kind to which the public has or is intended to have access and in which members of the public may or may not take part, whether on payment or otherwise;
“exhibition” includes every display of goods, books, pictures, films or articles to which the public has or is intended to have access, whether on payment or otherwise;
“explosive” —
(a)
means gunpowder, nitroglycerine, dynamite gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those abovementioned or not, used or manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect;
(b)
includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as above defined;
(c)
includes any substance declared to be deemed an explosive by notification in the Gazette under section 5 of the Arms and Explosives Act [Cap. 13]; and
(d)
includes any material for making any explosive and any apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive, and any part of any such apparatus, machine or implement;
“firearm” means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or other missile and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing, and includes any component part of any such weapon as aforesaid;
“Minister” means the Minister charged with the responsibility for internal security;
“offence under this Act” includes an offence under any regulations made under section 72;
“officer in charge of a division” means any police officer appointed as such and, when any officer so appointed is unable through absence, illness or otherwise to perform his duties, means the police officer designated, under the authority of the Commissioner of Police, to act for him;
“periodical publication” includes every publication issued periodically or in parts or numbers at intervals, whether regular or irregular;
“police officer” includes an auxiliary police officer and a special police officer appointed in accordance with any written law for the time being in force;
“promoter”, in the case of an entertainment or exhibition promoted by a society, includes the secretary and officials of such society and, in the case of a society organised or having its headquarters outside Singapore, the officials in Singapore of such society;
“proprietor” includes the owner, tenant or other person in possession or control of premises and any person who receives payment for the use of premises;
“protected place” means any place or premises in relation to which an order made under section 51 is in force;
“publication” includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof;
“public place” includes any highway, public street, public road, public park or garden, any sea beach, waterway, public bridge, lane, footway, square, court, alley or passage, whether a thoroughfare or not, any unalienated land, any rubber estate, any plantation, any land alienated for agricultural or mining purposes, any theatre or place of public entertainment of any kind or other place of general resort admission to which is obtained by payment or to which the public has access, and any open space to which for the time being the public has or is permitted to have access, whether on payment or otherwise;
“public road” means any public highway or any road over which the public has a right of way or is granted access, and includes every road, street, bridge, passage, footway or square over which the public has a right of way or is granted access;
“security area” means any area in respect of which a proclamation under section 48 is for the time being in force;
“security forces” includes the Singapore Police Force, the Special Constabulary, the auxiliary police force, the Singapore Armed Forces, any local forces established under any written law in force in Singapore, and any force which is a visiting force for the purposes of Part I of the Visiting Forces Act [Cap. 344] and in respect of whom all or any of the powers exercisable by the Singapore Armed Forces or their members under this Act have been made exercisable by an order made under any such law;
“supplies” includes ammunition, explosives, firearms, money, food, drink, clothing, medicines, drugs or any other stores, instruments, commodities, articles or things whatsoever;
“terrorist” means any person who —
(a)
by the use of any firearm, explosive or ammunition acts in a manner prejudicial to the public safety or to the maintenance of public order or incites to violence or counsels disobedience to the law or to any lawful order;
(b)
carries or has in his possession or under his control any firearm, ammunition or explosive without lawful authority therefor; or
(c)
demands, collects or receives any supplies for the use of any person who intends or is about to act, or has recently acted, in a manner prejudicial to public safety or the maintenance of public order.
PART II
GENERAL PROVISIONS RELATING TO INTERNAL SECURITY
Chapter I —
Prohibition of organisations and
associations of a political or quasi-military
character and uniforms, etc.
Prohibition of uniforms of political or quasi-military organisations
3.  The Minister may from time to time by order prohibit the wearing in public places or at meetings or gatherings to which the public or any section of the public has access, of —
(a)
any uniform or dress which signifies association with any political organisation or with the promotion of any political object; or
(b)
any uniform, dress or emblem by members or adherents of any organisation or association specified or described in the order, whether incorporated or not when, in the opinion of the Minister, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed —
(i)
in usurping the functions of the police or of the Singapore Armed Forces; or
(ii)
for the use or display of physical force in promoting any political or other object or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose.
Penalty
4.  Every person who wears any prohibited uniform, dress or emblem in contravention of an order made under section 3 shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both.
Prohibition of quasi-military organisations
5.
—(1)  If the members or adherents of any association of persons, whether incorporated or not, are —
(a)
organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Singapore Armed Forces; or
(b)
organised or trained or equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political or other object, or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose,
then any member or adherent of such association shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both; and any person who promotes or conspires with another to promote, or who takes part in the control or management of, the association, or in so organising or training as aforesaid any member or adherent thereof, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both:
Provided that in any proceedings against any person charged with the offence of taking part in the control or management of such an association as aforesaid it shall be a defence to that charge to prove that he neither consented to nor connived at the organisation, training or equipment of any member or adherent of the association in contravention of this section.
(2)  No prosecution for any offence under this section shall be instituted except with the consent of the Public Prosecutor.
(3)  If upon application being made by or on behalf of the Public Prosecutor it appears to the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of this section, the Court may —
(a)
make such order as appears necessary to prevent any disposition without the leave of the Court of property held by or for the association;
(b)
direct an inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association;
(c)
make such further order as appears to the Court to be just and equitable for the application of such property in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or, with the approval of the Court, since that date in or towards the repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid, and in or towards any costs incurred in connection with any such inquiry and report as aforesaid or in winding up or dissolving the association; and
(d)
order that any property which is not directed by the Court to be so applied as aforesaid shall be forfeited to the Government.
(4)  In any criminal or civil proceedings under this section proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the control or management of an association or in organising, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association were organised or trained or equipped.
(5)  If a Magistrate or the Commissioner of Police is satisfied by information that there is reasonable ground for suspecting that an offence under this section has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may, on an application made by a police officer not below the rank of sergeant, grant a search warrant authorising any such officer with or without assistance to enter the premises or place at any time within one month from the date of the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid.
[21/73]
(6)  No woman shall, in pursuance of any warrant issued under subsection (5), be searched except by a woman.
(7)  Nothing in this section shall be construed as prohibiting the employment of a reasonable number of persons as stewards at any public meeting held upon private premises with the permission of the owner of those premises, or the making of arrangements for that purpose or the instruction of the persons to be so employed in their lawful duties as such stewards, or their being furnished with badges or other distinguishing signs.
Illegal drilling
6.
—(1)  Any person other than a member of the Singapore Armed Forces or the police or of a volunteer force or local force constituted under any written law in force in Singapore, or of any other force which is a visiting force for the purposes of Part I of the Visiting Forces Act [Cap. 344] or of any organisation or association specially exempted by the Minister, who —
(a)
is present at or attends any meeting or assembly of persons for the purpose of training or drilling themselves in the use of arms or of being so trained or drilled, or for the purpose of practising military exercises, movements or evolutions; or
(b)
is present at or attends any such meeting or assembly for the purpose of training or drilling any other person or persons in the use of arms or the practice of military exercises, movements or evolutions,
shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both.
(2)  Any person, other than a member of the Singapore Armed Forces or the police or of a volunteer force or local force constituted under any written law in force in Singapore, or of any other force lawfully present in Singapore under any law for the time being in force relating to visiting forces or of any organisation or association specially exempted by the Minister, who —
(a)
trains or drills any other person in the use of arms or the practice of military exercises, movements or evolutions; or
(b)
takes part in the control or management of any association or organisation whose members are trained or drilled in the practice of military exercises, movements or evolutions,
shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
Prohibition of uniforms, emblems, etc.
7.
—(1)  The Minister may, if he considers it in the national interest to do so, by order prohibit the manufacture, sale, use, wearing, display or possession of any flag, banner, badge, emblem, device, uniform or distinctive dress or any part thereof.
(2)  Any person contravening any provision of an order made under this section shall be guilty of an offence under this Part.
(3)  Any article in respect of which an offence has been committed under this section may be seized and destroyed or otherwise dealt with as the Minister may direct, whether or not the identity of the offender is known and whether or not any prosecution has been commenced in respect of the offence.
Chapter II —
Powers of preventive detention
Power to order detention
8.
—(1)  If the President is satisfied with respect to any person that, with a view to preventing that person from acting in any manner prejudicial to the security of Singapore or any part thereof or to the maintenance of public order or essential services therein, it is necessary to do so, the Minister shall make an order —
(a)
directing that such person be detained for any period not exceeding two years; or
(b)
for all or any of the following purposes:
(i)
for imposing upon that person such restrictions as may be specified in the order in respect of his activities and the places of his residence and employment;
(ii)
for prohibiting him from being out of doors between such hours as may be specified in the order, except under the authority of a written permit granted by such authority or person as may be so specified;
(iii)
for requiring him to notify his movements in such manner at such times and to such authority or person as may be specified in the order;
(iv)
for prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organisation or association, or from taking part in any political activities;
(v)
for prohibiting him from travelling beyond the limits of Singapore or any part thereof specified in the order except in accordance with permission given to him by such authority or person as may be specified in such order,
and any order made under paragraph (b) shall be for such period, not exceeding two years, as may be specified therein, and may by such order be required to be supported by a bond.
(2)  The President may direct that the period of any order made under subsection (1) be extended for a further period or periods not exceeding two years at a time.
(3)  For the purposes of subsection (1), “essential services” means any service, business, trade, undertaking, manufacture or calling included in the Third Schedule.
(4)  Every person detained in pursuance of an order made under subsection (1)(a) or of a direction given under subsection (2) shall be detained in such place as the Minister may direct (hereinafter referred to as a place of detention) and in accordance with instructions issued by the Minister and any rules made under subsection (5).
(5)  The Minister may by rules provide for the maintenance and management of any place of detention and for the discipline of persons detained therein.
Interpretation
8A.  In this Part, “judicial review” includes proceedings instituted by way of —
(a)
an application for a Mandatory Order, a Prohibiting Order or a Quashing Order;
[42/2005 wef 01/01/2006]
(b)
an application for a declaration or an injunction;
(c)
an Order for Review of Detention; and
[42/2005 wef 01/01/2006]
(d)
any other suit or action relating to or arising out of any decision made or act done in pursuance of any power conferred upon the President or the Minister by any provision of this Act.
[Act 2/89 wef 30/01/1989]
Law applicable to judicial review
8B.
—(1)  Subject to the provisions of subsection (2), the law governing the judicial review of any decision made or act done in pursuance of any power conferred upon the President or the Minister by the provisions of this Act shall be the same as was applicable and declared in Singapore on the 13th day of July 1971; and no part of the law before, on or after that date of any other country in the Commonwealth relating to judicial review shall apply.
(2)  There shall be no judicial review in any court of any act done or decision made by the President or the Minister under the provisions of this Act save in regard to any question relating to compliance with any procedural requirement of this Act governing such act or decision.
[Act 2/89 wef 30/01/1989]
No appeals to Privy Council
8C.  [Repealed by Act 2/94 wef 08/04/1994]
Commencement provision
8D.  Sections 8A and 8B shall apply to any proceedings instituted by way of judicial review of any decision made or act done under the provisions of this Act, whether such proceedings have been instituted before or after the commencement of the Internal Security (Amendment) Act 1989.
[Act 2/89 wef 30/01/1989]
[Act 2/94 wef 08/04/1994]
Duty to inform person detained of grounds of detention, etc.
9.  Whenever any person is detained under any order made under section 8(1)(a) he shall, in accordance with Article 151 of the Constitution, as soon as possible —
(a)
be informed of the grounds of his detention;
(b)
subject to clause (3) of that Article (which provides that no authority may be required to disclose facts whose disclosure would in its opinion be against the national interest) be informed of the allegations of fact on which the order is based; and
*(c)
be given the opportunity of making representations against the order as soon as possible.
*  While the Emergency (Internal Security and Detention Orders) Regulations 1964 (L.N. 335/64) as amended by L.N. 110/65 are in force this paragraph does not apply in the case of any person in respect of whom a direction has been given under section 8(2) of this Act extending the period of an order made under section 8(1) in respect of that person.
Detention order may be suspended
10.  At any time after an order has been made in respect of any person under section 8(1)(a) the Minister may direct that the operation of such order be suspended subject to the execution of a bond and to such conditions —
(a)
imposing upon that person such restrictions as may be specified in the direction in respect of his activities and the places of his residence and employment;
(b)
prohibiting him from being out of doors between such hours as may be so specified, except under the authority of a written permit granted by such authority or person as may be so specified;
(c)
requiring him to notify his movements in such manner, at such times and to such authority or person as may be so specified;
(d)
prohibiting him from travelling beyond the limits of Singapore or any part thereof specified in the direction except in accordance with permission given to him by such authority or person as may be so specified;
(e)
prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organisation or association, or from taking part in any political activities;
(f)
permitting him to return to the country to which he belongs or to any other place to which he wishes to proceed provided that the government of such place consents to receive him,
as the Minister sees fit; and the Minister may revoke any such direction if he is satisfied that the person against whom the order was made has failed to observe any condition so imposed or that it is necessary in the public interest that such direction should be revoked.
Representations against detention order
*11.
—(1)  A copy of every order made by the Minister under section 8(1)(a) shall as soon as possible after the making thereof be served on the person to whom it relates, and every such person shall be entitled to make representations against the order to an advisory board.
(2)  For the purpose of enabling a person to make representations under subsection (1) he shall, within 14 days of the service on him of the order —
(a)
be informed of his right to make representations to an advisory board under subsection (1); and
(b)
be furnished by the Minister with a statement in writing —
(i)
of the grounds on which the order is made;
(ii)
of the allegations of fact on which the order is based; and
(iii)
of such other particulars, if any, as he may in the opinion of the Minister reasonably require in order to make his representations against the order to the advisory board.
(3)  The President may make rules as to the manner in which representations may be made under this section and for regulating the procedure of advisory boards.
*  While the Emergency (Internal Security and Detention Orders) Regulations 1964 (L.N. 335/64) are in force, this section does not apply in the case of any person in respect of whom a direction has been given under section 8(2) of this Act extending the period of an order made under section 8(1) in respect of that person.
Report of advisory board
*12.
—(1)  Whenever any person has made any representations under section 11(1) to an advisory board, the advisory board shall, within 3 months of the date on which such person was detained, consider such representations and make recommendations thereon to the President.
(2)  Upon considering the recommendations of the advisory board under this section the President may give the Minister such directions, if any, as he thinks fit regarding the order made by the Minister; and every decision of the President thereon shall, subject to section 13, be final and shall not be called in question in any court.
*  While the Emergency (Internal Security and Detention Orders) Regulations 1964 (L.N. 335/64) are in force, this section does not apply in the case of any person in respect of whom a direction has been given under section 8(2) of this Act extending the period of an order made under section 8(1) in respect of that person.
Review
13.
—(1)  Every order or direction made or given by the Minister under section 8 or 10 (including any order extended by direction of the President under section 8(2)) shall, so long as it remains in force, be reviewed by an advisory board at intervals of not more than 12 months, and the first of such reviews shall take place —
(a)
in the case of a person who is detained in a place of detention, not more than 12 months from the date on which his representations against the order were considered by an advisory board under section 12(1) or, where no such representations have been made, not more than 15 months from the date on which that person was detained in pursuance of the order;
(b)
in the case of a person who is not detained in a place of detention, where the order has been made under section 8(1), not more than 12 months from the date on which the order was served upon that person;
(c)
in the case of a person who has been released from a place of detention in pursuance of a direction under section 10, not more than 12 months from the date of his release.
(2)  The advisory board shall on completing every review under subsection (1) forthwith submit to the Minister a written report of every such review, and may make therein such recommendations as it thinks fit.
Presidential concurrence
13A.  Where any advisory board recommends the release of any person under section 12 or 13, the person shall not be detained or further detained without the President’s concurrence under Article 151(4) of the Constitution.
[Act 11/91 wef 30/11/1991]
Power to summon witnesses
14.  Every advisory board shall, for the purposes of this Act, but subject to section 16, have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents.
Member of advisory board deemed to be a public servant
15.  Every member of an advisory board shall be deemed to be a public servant within the meaning of the Penal Code [Cap. 224], and shall have in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under the provisions of this Chapter the like protection and privileges as are by law given to a Judge in the execution of his office.
Disclosure of information
16.  Nothing in this Chapter or in any rules made thereunder shall require the Minister or any member of an advisory board or any public servant to disclose facts or to produce documents whose disclosure or production he considers to be against the national interest.
Power to order removal
17.
—(1)  The Minister may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person detained in pursuance of the provisions of this Chapter.
(2)  Any person in course of removal under subsection (1) shall be deemed to be in lawful custody.
Power to order production of detained person
18.
—(1)  On proof to his satisfaction that the presence at any place of any person detained under the provisions of this Chapter, or lawfully in the custody of the police or confined in any prison whether in pursuance of the provisions of this Chapter or under an order of any court or otherwise howsoever, and notwithstanding any order of any court or other authority whatsoever, is required in the interests of justice, or for the purpose of any public or other inquiry, or in the national interest, or in the interests of the person detained, in custody or confined, the Minister may order that such person be taken to that place.
(2)  Any person in course of being taken to any place in pursuance of subsection (1) and while at such place shall be kept in such custody as the Minister may direct and while in that custody shall be deemed to be in lawful custody.
Saving in respect of prosecution of persons detained
19.  The detention of any person under this Chapter shall be without prejudice to the taking of any criminal proceedings against such person, whether during or after the period of his detention.
Chapter III —
Special powers relating to
subversive publications, etc.
Prohibition of printing, sale, etc., of documents and publications
20.
—(1)  Where it appears to the Minister charged with the responsibility for printing presses and publications that any document or publication —
(a)
contains any incitement to violence;
(b)
counsels disobedience to the law or to any lawful order;
(c)
is calculated or likely to lead to a breach of the peace, or to promote feelings of hostility between different races or classes of the population; or
(d)
is prejudicial to the national interest, public order or security of Singapore,
he may by order published in the Gazette prohibit either absolutely or subject to such conditions as may be prescribed therein the printing, publication, sale, issue, circulation or possession of such document or publication.
(2)  An order under subsection (1) may, if the order so provides, be extended so as —
(a)
in the case of a periodical publication, to prohibit the publication, sale, issue, circulation, possession or importation of any past or future issue thereof;
(b)
in the case of a publication which has or appears or purports to have issued from a specified publishing house, agency or other source, to prohibit the publication, sale, issue, circulation or importation of any other publication which may at any time whether before or after the date of the order have or appear or purport to have issued from such specified publishing house, agency or other source.
Objections against orders under section 20
21.  The proprietor or agent in Singapore of the proprietor of any publication which is the subject of an order made under section 20 may, within one month of the date of publication of the order in the Gazette, make an objection against the order to the President, whose decision shall be final and shall not be called in question in any court.
Printing, publishing, etc., in contravention of order under section 20
22.  Any person who prints, publishes, sells, issues, circulates or reproduces a document or publication which is the subject of an order under section 20, or any extract therefrom, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both:
Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court that the document or publication in respect of which he is charged was printed, published, sold, issued, circulated or reproduced, as the case may be, without his authority, consent and knowledge, and without any want of due care or caution on his part, and that he did not know and had no reason to suspect the nature of the document or publication.
Possession of documents, etc., in contravention of order under section 20
23.
—(1)  Any person who without lawful excuse has in his possession any document or publication the possession of which is prohibited by an order under section 20, or any extract therefrom, shall be guilty of an offence under this Part and shall be liable in respect of a first offence under this section to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both and, in respect of a subsequent offence to imprisonment for a term not exceeding 2 years.
(2)  In any proceedings against any person for an offence under this section such person shall be presumed, until the contrary is proved, to have known the contents and the nature of the contents of any document or publication immediately after the document or publication came into his possession.
Importation in contravention of order under section 20
24.  Any person who imports or attempts to import or abets the importation of any document or publication or without lawful excuse has in his possession any document or publication imported in contravention of an order under section 20 shall be guilty of an offence under this Part and shall be liable in respect of a first offence under this section to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 2 years or to both and, in respect of a subsequent offence to imprisonment for a term not exceeding 3 years.
Posting of placards, etc.
25.  Any person who posts or distributes any placard, circular or other document containing any incitement to violence, or counselling disobedience to the law or to any lawful order, or likely to lead to any breach of the peace, shall be guilty of an offence under this Part.
Dissemination of false reports
26.  Any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular or other printed publication or by any other means spreads false reports or makes false statements likely to cause public alarm, shall be guilty of an offence under this Part.
Possession of subversive documents
27.
—(1)  Any person who without lawful excuse carries or has in his possession or under his control any subversive document shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
(2)  Any person or any office bearer of any association or any responsible member or agent of any organisation who receives any subversive document shall deliver the same without delay to a police officer; and any person, office bearer, member or agent who fails to do so, or who, unless authorised to do so by a police officer not below the rank of superintendent of police, communicates to any other person, or publishes or causes to be published the contents of any such document, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
(3)  In this section, “subversive document” means any document having in part or in whole a tendency —
(a)
to excite organised violence against persons or property in Singapore;
(b)
to support, propagate or advocate any act prejudicial to the security of Singapore or the maintenance or restoration of public order therein or inciting to violence therein or counselling disobedience to the law thereof or to any lawful order therein; or
(c)
to invite, request or demand support for or on account of any collection, subscription, contribution or donation, whether in money or in kind, for the direct or indirect benefit or use of persons who intend to act or are about to act, or have acted, in a manner prejudicial to the security of Singapore or to the maintenance of public order therein, or who incite to violence therein or counsel disobedience to the law thereof or any lawful order therein.
(4)  Every document purporting to be a subversive document shall be presumed to be a subversive document until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a subversive document he shall be deemed to have known the contents and the nature of the contents of such document:
Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court —
(a)
that he was not aware of the contents and the nature of the contents of the subversive document which he was carrying or had in his possession or under his control; and
(b)
that he was carrying or had the subversive document in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that such document was a subversive document.
Powers of search and seizure of documents
28.
—(1)  Any police officer may, without warrant and with or without assistance —
(a)
enter any search any premises;
(b)
stop and search any vehicle, vessel, train, aircraft or individual, whether in a public place or not,
if he suspects that any document, publication, material or article being evidence of the commission of an offence under this Chapter is likely to be found in such vehicle, vessel, train, aircraft or on such individual, and may seize any document, publication, material or article so found.
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(2)  Any document, publication, material or article seized under subsection (1) shall be destroyed or otherwise disposed of in such manner as the Commissioner of Police may order.
(3)  The Commissioner of Police shall, on making an order under subsection (2), if he has reason to believe that the owner, or person who was in possession immediately before such document, publication, material or article was seized, is in Singapore, cause a notice to be served on that person informing him of the terms of the order.
(4)  Any person aggrieved by an order made under subsection (2) may appeal against the order to the Minister:
Provided that no appeal against the order shall be allowed unless notice of appeal in writing, together with the reasons for the appeal, is given to the Commissioner of Police and to the Minister within 14 days of service of notice of the order under subsection (3).
(5)  Where an order has been made under subsection (2) it shall only be carried into effect if the order has not been appealed against or if any appeal against the order has been dismissed or abandoned.
(6)  No woman shall be searched under this section except by a woman.
Disposal of subversive documents, etc.
29.
—(1)  Where proceedings are taken in respect of any offence under this Chapter the court by or before which the alleged offender is tried shall, on the request of any police officer not below the rank of assistant superintendent of police, on the final determination of those proceedings order that any document, publication, material or article being an exhibit in such proceedings be delivered to such officer for disposal under section 28(2).
(2)  For the purpose of this section, any proceedings shall not be deemed to have been finally determined so long as there is pending any appeal in the matter of the proceedings; and an appeal in the matter shall be deemed to be pending during the ordinary time within which such an appeal may be lodged, and if such an appeal is duly lodged the appeal shall be deemed to be pending until it is decided or withdrawn.
Chapter IV —
Control of entertainments and exhibitions
Power to require information
30.
—(1)  The promoter and every person concerned in the promotion of any entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held shall upon the order in writing of the Minister or of any officer authorised by the Minister in that behalf furnish to the Minister or that officer such information as he may specify relating to the following matters:
(a)
particulars of persons concerned in the promotion of the entertainment or exhibition and the interests represented by those persons;
(b)
particulars of the persons who have agreed to participate or participated in the entertainment or exhibition or have been invited to do so and the interests represented by those persons;
(c)
the purposes to which any profits from the entertainment or exhibition are intended to be or have been applied; and
(d)
such other matters as the Minister may direct.
(2)  Any person furnishing as true information required under subsection (1) which he knows or has reason to believe to be false or incomplete shall be guilty of an offence under section 39.
(3)  In the event of any entertainment or exhibition in respect of which information has been furnished under subsection (1) being conducted in any manner contrary to the information so furnished the person by whom the information was furnished shall be guilty of an offence under section 39.
Power to impose conditions
31.
—(1)  The Minister may, if he is satisfied that it is necessary to do so in order to ensure that any entertainment or exhibition shall not be an entertainment or exhibition to which section 33 would apply, by order in writing require the promoter and every person concerned in the promotion of the entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held to observe such conditions relating to the holding of such entertainment or exhibition as he may specify.
(2)  Every person who commits any breach of or fails to comply with any conditions imposed under subsection (1) shall be guilty of an offence under section 39:
Provided that no person shall be convicted of an offence under this section if he proves that the breach of or failure to comply with the conditions in respect of which he is charged was done without his authority, consent and knowledge, and without any want of due care or caution on his part.
(3)  The Minister may, if in any particular case he thinks it necessary, require any person in respect of whom an order under subsection (1) has been made to enter into a bond, with or without sureties, in such sum as the Minister may direct, that the conditions contained in such order shall be observed.
Promoter, etc., to be in attendance at entertainment or exhibition
32.
—(1)  The promoter and every person concerned in the promotion of any entertainment or exhibition which is the subject of an order under section 31 and the proprietor of any premises upon which any such entertainment or exhibition is held shall severally, and either personally or by a duly authorised agent approved in that behalf by a police officer not below the rank of inspector, be present throughout the period of every performance or display of every such entertainment or exhibition.
(2)  The Minister may by writing exempt any person either absolutely or subject to such conditions as the Minister may prescribe from subsection (1).
Power to prohibit certain entertainments or exhibitions
33.
—(1)  The Minister may by order prohibit the holding of or may direct the closing of any entertainment or exhibition —
(a)
if he is satisfied that such entertainment or exhibition is or is likely to be in any way detrimental to the national interest;
(b)
if there has been in respect of such entertainment or exhibition any refusal of or failure to furnish any information required to be furnished under section 30, or if any information so furnished is false or incomplete; or
(c)
if there has been in respect of such entertainment or exhibition any breach of or failure to comply with any conditions imposed under section 31.
(2)  The promoter and every person concerned in the promotion of any entertainment or exhibition which is held or continued in contravention of an order under subsection (1) and the proprietor of any premises upon which such exhibition is held shall be guilty of an offence under section 39:
Provided that no person shall be convicted of an offence under this section if he proves that the entertainment or exhibition in respect of which he is charged was promoted or continued without his authority, consent and knowledge and without any want of due care or caution on his part.
Powers of entry and investigation
34.
—(1)  Any police officer or any person authorised by the Minister in writing in that behalf may without warrant enter any premises upon which any entertainment or exhibition is being held or is intended to be held with a view to ascertaining whether the provisions of this Chapter or of any order made thereunder are being complied with, and may make such investigation and inspection of such premises and call upon any person to produce such articles, books, accounts, tickets or other documents or things and to furnish any information as such officer or person may consider necessary for such purpose:
Provided that any person not in uniform purporting to exercise any powers under this subsection shall on demand produce his written authority to exercise such powers to any person lawfully demanding the written authority.
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(2)  Any person who —
(a)
obstructs any officer or authorised person lawfully exercising any powers conferred on him by or under subsection (1) in entering or inspecting any premises or delays in producing any articles, books, accounts or other documents or things which he has been called upon by such officer or authorised person to produce and which are or ought to be in the ordinary course of business in his power to produce;
(b)
refuses to furnish any information which he may be required to furnish by such officer or authorised person or who, being required to furnish information by such officer or authorised person, furnishes false or misleading information; or
(c)
obstructs the seizure of any document or other thing under section 36, or the closure of any entertainment or exhibition under section 37,
shall be guilty of an offence under section 39.
Search
35.
—(1)  Any officer or person authorised to exercise the powers of entry or investigation under section 34 may without warrant and with or without assistance enter any premises if he considers it to be necessary and has reason to believe that an offence under this Chapter or any order made thereunder has been committed and may search such place and any person whom he reasonably believes to be concerned in the management or promotion of any entertainment or exhibition or to be an agent or employee of the promoter or of the proprietor of those premises.
(2)  No woman shall be searched under this section except by a woman.
Powers of seizure
36.  Any officer or person authorised to exercise the powers of entry or investigation under section 34 may seize any document or other thing in respect of which he reasonably believes an offence to have been committed under this Chapter or any order made thereunder or which he reasonably believes to be or to contain evidence relating to such an offence:
Provided that nothing in this section shall be deemed to affect the powers of a police officer under the Criminal Procedure Code [Cap. 68].
Powers of closure
37.  Any officer or person authorised to exercise the powers of entry or investigation under section 34 may, without prejudice to the exercise of the powers conferred on him by that section, forthwith take such steps as he may consider necessary to close any entertainment or exhibition which he is satisfied is kept open in contravention of any order made under section 31 or 33.
Liability of principal for acts of employee
38.  For the purposes of this Chapter and any orders made thereunder every person shall be liable for every act, omission, neglect or default of any agent or employee employed by him, as fully and effectually as if such act, omission, neglect or default were done or committed by such person; but so that nothing in this section shall affect the liability of such agent or employee, and provided that the liability of a principal shall not extend to imprisonment unless he is privy to the offence.
Abetment and penalty
39.  Any person who contravenes or fails to comply with any provision of this Chapter or any order made or any condition imposed thereunder, or abets such contravention or failure, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Chapter V —
Other powers for the
prevention of subversion
Powers relating to appointments
40.
—(1)  Where any written law confers any power relating to any appointment upon any person, body or authority constituted under such law, the Minister may by order require that, before making any appointment, that person, body or authority shall submit to him —
(a)
a list of the names of the persons from whom such appointment will be made; and
(b)
such other information as may be specified in the order.
(2)  Such person, body or authority shall not appoint or recruit any person whose appointment is in the opinion of the Minister prejudicial to the interests of Singapore.
(3)  No person otherwise than in the course of his official duty shall disclose to any person any communication which he may have received from the Minister under subsection (2).
Power to close schools or educational institutions
41.
—(1)  The Minister, if he is satisfied at any time that a school or educational institution is being used —
(a)
for a purpose detrimental to the interests of Singapore or of the public;
(b)
for the purpose of instruction detrimental to the interests of the public or of the pupils; or
(c)
as a meeting-place of an unlawful society,
and that the circumstances so require, may make an order closing such school or educational institution for such period, not exceeding 6 months at any one time, as may be specified in the order.
(2)  The board of managers or governors of any school or educational institution, aggrieved by any order made under subsection (1), may within one month of the date of the order make an objection against such order to the President whose decision shall be final and shall not be called in question in any court.
(3)  In this section —
“school” means —
(a)
a place where 10 or more persons are or are habitually taught, whether in one or more classes; or
(b)
in the case of a correspondence school, the place or places where instruction is prepared or where answers are examined or corrected,
but does not include any place where the teaching is of a purely religious character, or for a purely religious purpose;