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Contents  

Long Title

Part I PRELIMINARY

Part II MISCELLANEOUS OFFENCES RELATING TO PUBLIC SAFETY

Part III ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES

Part IV GENERAL

Part V DETENTION

FIRST SCHEDULE

SECOND SCHEDULE Reportable Offences

THIRD SCHEDULE Specified Laws

Legislative History

Comparative Table

 
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Criminal Law (Temporary Provisions) Act
(CHAPTER 67)

(Original Enactment: ORDINANCE 26 of 1955)

REVISED EDITION 2000
(1st July 2000)
An Act to make temporary provisions for the maintenance of public order, the control of supplies by sea to Singapore, and the prevention of strikes and lock-outs in essential services.
[21st October 1955]
PART I
PRELIMINARY
Short title
1.
—(1)  This Act may be cited as the Criminal Law (Temporary Provisions) Act.
(2)  This Act shall continue in force for a period of 5 years from 21st October 2009.
[17/99]
(3)  The expiry of this Act shall not affect the operation thereof as respects things previously done or omitted to be done.
[15/74; 26/79; 18/84]
Interpretation
2.  In this Act, unless the subject or context otherwise requires —
“authorised officer” means —
(a)
any police officer or officer of customs;
(b)
any person holding a commission in the Singapore Armed Forces; or
(c)
any authority or any person by name or office appointed by the Minister to be an authorised officer for the purpose of exercising all or any of the powers conferred upon an authorised officer by this Act;
“document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of these means, and includes any banner, emblem or other insignia;
“explosive substance” shall be deemed to include any materials for making any explosive substance and any bomb, grenade, 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 substance and any part of such bomb, grenade, apparatus, machine or implement;
“police officer” includes any member of the Special Constabulary constituted under Part VIII of the Police Force Act (Cap. 235);
“subversive document” means any document which contains —
(a)
any subversive matter;
(b)
any propaganda or matter supporting, propagating or advocating acts prejudicial to the public safety in Singapore or the maintenance of public order therein or inciting to violence therein or counselling disobedience to the law thereof or to any lawful order therein; or
(c)
any reference to or account of any collection of, or any request or demand for, any subscription, contribution or donation, whether in money or in kind, or any request or demand for supplies for the benefit, directly or indirectly, or the use of persons who intend to or are about to act or have acted in a manner prejudicial to the public safety in 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,
and includes any document indicating a connection, association or affiliation with any unlawful society;
“supplies” includes money, food, drink, clothing, rubber, tin or other valuable commodity, any medicine or drug or other medical supplies, and any material or instrument or part thereof for printing, typewriting or duplicating words or objects in visible form.
PART II
MISCELLANEOUS OFFENCES RELATING TO PUBLIC SAFETY
Supplies
3.
—(1)  Any person who demands, collects or receives any supplies from any other person in circumstances which raise a reasonable presumption that he intends or is about to act or has recently acted in a manner prejudicial to public safety in Singapore or the maintenance of public order therein or that the supplies so demanded, collected or received are intended for the use of any person who that first-mentioned person knows or has reason to believe intends, or is about, so to act, or has recently so acted, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years.
(2)  Any person who is found in possession of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that the supplies are intended for the use of any person who that first-mentioned person knows or has reason to believe intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years.
(3)  Any person who provides, directly or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that the first-mentioned person knows or has reason to believe that other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, or that the supplies so provided are intended for the use of any person who intends, or is about, so to act, or has recently so acted, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years.
(4)  No person shall be convicted of any offence under subsection (3) if he proves that prior to being charged with or accused of that offence by a police officer or a person in authority he voluntarily gave full information of the offence to a police officer.
(5)  In any charge of any offence under any of the provisions of this section, it shall not be necessary to specify the person or persons from whom any supplies were demanded, collected or received or to whom any supplies were provided.
Making and possession of subversive documents
4.
—(1)  Any person who, without lawful excuse, makes, causes to be made, carries or has in his possession or under his control any subversive document shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years.
(2)  Every document purporting to be a subversive document shall be deemed to be a subversive document until the contrary is proved.
(3)  Where, in any prosecution under this section, it is proved that a person made, was carrying or had in his possession or under his control a subversive document, he shall be deemed to have known the nature and contents of the document.
(4)  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 nature or contents of the subversive document which he made, caused to be made, was carrying or had in his possession or under his control; and
(b)
that he made, caused to be made, 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 the document was a subversive document.
PART III
ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES
Interpretation of this Part
5.  In this Part, unless the context otherwise requires —
“Commissioner” means the Commissioner for Labour, and includes any Deputy or Assistant Commissioner for Labour;
“essential service” means any service, business, trade, undertaking, manufacture or calling included in Part I of the First Schedule;
“lock-out” means the closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a trade dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;
“public health service” means —
(a)
any hospital, clinic, sanatorium or other institution for the care of the sick; and
(b)
any system of public conservancy or sanitation;
“strike” means the cessation of work by a body of persons employed in any essential service acting in combination, or a concerted refusal or a refusal under a common understanding of a number of persons who are or who have been so employed to continue to work or to accept employment;
“workman” means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work, and includes, for the purposes of any proceedings under this Part in relation to a trade dispute, a workman discharged during that dispute.
Restrictions on strikes and lock-outs
6.
—(1)  No workman employed in any of the following essential services shall go on strike:
(a)
water services;
(b)
gas services; and
(c)
electricity services
(2)  No workman employed in any essential service, not being an essential service specified in subsection (1), shall go on strike —
(a)
unless at least 14 days before striking he has given to his employer notice of intention to strike as provided by this section;
(b)
before the date of striking specified in the notice of intention to strike; or
(c)
during the pendency of any proceedings.
(3)  No employer shall lock out any workman engaged in any essential service specified in subsection (1).
(4)  No employer shall lock out any workman engaged in any essential service, not being an essential service specified in subsection (1) —
(a)
unless at least 14 days before locking out he has given to his workmen notice of intention to lock out as provided by this section;
(b)
before the date of locking out specified in the notice of intention to lock out; or
(c)
during the pendency of any proceedings.
(5)  The notice referred to in subsection (2) shall —
(a)
be delivered to the employer or his manager;
(b)
be signed by not less than 7 workmen employed by the employer and concerned in the strike, or by 7 representatives of the trade union of which the workmen are members; and
(c)
be in accordance with Form 1 set out in Part II of the First Schedule.
(6)  The notice referred to in subsection (4) shall —
(a)
be signed by the employer;
(b)
be delivered to a representative of the workmen concerned or to an officer of the trade union to which the workmen belong; and
(c)
be in accordance with Form 2 set out in Part II of the First Schedule.
(7)  The employer shall cause a copy of the notice referred to in subsection (4) to be posted at 3 conspicuous places in the place of work where the workmen affected thereby are ordinarily employed.
(8)  A copy of every notice which is given under subsection (2) or (4) shall be delivered to the Commissioner within 3 days after the notice is given.
(9)  Every notice which is given under subsection (2) or (4) shall expire at the end of 30 days from the date of the notice.
(10)  In this section, “proceedings” means —
(a)
conciliation proceedings directed by the Commissioner under section 20(2) of the Industrial Relations Act (Cap. 136) or by the Minister under section 22(1) of that Act;
(b)
proceedings before an Industrial Arbitration Court in respect of a trade dispute of which that Court has cognizance by virtue of section 31 of the Industrial Relations Act; or
(c)
proceedings before a board of inquiry appointed by the Minister under section 74(1) of the Industrial Relations Act.
Illegal strikes and lock-outs
7.  A strike or lock-out shall be deemed to be illegal if it is commenced, declared or continued in contravention of section 6, or of any provision of any other written law.
Lock-out or strike consequent on illegal strike or lock-out
8.  A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.
Penalty for illegal strikes and lock-outs
9.
—(1)  Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
(2)  Any employer who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
Penalty for instigation
10.  Any person who —
(a)
instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Part; or
(b)
instigates or incites others to withhold their labour or services knowing or having reason to believe that the probable consequences of that action will be to endanger human life or the efficient operation of any public health service or cause serious bodily injury or expose valuable property whether real or personal to destruction or serious damage,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
Penalty for giving financial aid to illegal strikes or lock-outs
11.  Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
Protection of persons refusing to take part in illegal strikes or lock-outs
12.  No person refusing to take part or to continue to take part in any strike or lock-out which is by this Part declared to be illegal shall be, by reason of the refusal, subject to expulsion from any trade union or society, or to any fine or penalty, or to the deprivation of any right or benefit to which he or his legal personal representatives would otherwise be entitled, or be liable to be placed in any respect, directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in the rules of a trade union or society notwithstanding.
PART IV
GENERAL
Dispersal of assemblies
13.
—(1)  Whenever the Minister declares that an immediate threat to public peace exists within Singapore or any part thereof, any police officer not below the rank of sergeant may command any assembly of 10 or more persons within Singapore to disperse and it shall thereupon be the duty of those persons to disperse accordingly.
[21/73]
(2)  Any person joining or continuing in any assembly referred to in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(3)  Any declaration under subsection (1) shall, but without prejudice to the making of a further declaration, remain in force for a period not exceeding 48 hours.
(4)  In any prosecution under this section, a certificate signed by the Minister as to the date and time of the making of a declaration shall be admissible in evidence and shall not be called in question in any court.
Powers of search and boarding vessels
14.
—(1)  A police officer not below the rank of sergeant may, without warrant and with or without assistance, enter and search any premises, stop and search any vehicle or individual, whether in a public place or not, if he suspects that any evidence of the commission of an offence is likely to be found on the premises or individual or in the vehicle, and may seize any evidence so found.
[12/76]
(2)  Without prejudice to the provisions of any other written law, any police officer may, when on duty and on the authority of a police officer not below the rank of sergeant —
(a)
stop, board and search any vessel not being or having the status of a ship of war; and
(b)
remain on board so long as the vessel remains within the waters of Singapore.
[21/73]
(3)  Any police officer searching a vessel under subsection (2) may seize any evidence found therein of the commission of any offence under the provisions of any written law for the time being in force.
(4)  Any person resisting or hindering or in any way obstructing any police officer carrying out a search under this section shall be guilty of an offence.
Disposal of subversive documents
15.  Any subversive document seized under the provisions of this Act shall be destroyed or otherwise disposed of in such manner as the Commissioner of Police may order.
Failure to report offences
16.
—(1)  Any person who, knowing or having reasonable cause to believe that another person is guilty of any offence included for the time being in the Second Schedule, fails to report the same to a police officer at the earliest possible opportunity shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.
(2)  Where any person is charged with an offence under subsection (1), the burden of proving that there was no opportunity of making a report to a police officer, or that such a report was, in fact, made by him at the earliest possible opportunity, shall lie on the accused.
(3)  Subsection (1) shall not apply to communications made by a client to an advocate and solicitor which are protected from disclosure under section 128 of the Evidence Act (Cap. 97).
Attempt to commit offences and assisting offenders
17.
—(1)  Without prejudice to the operation of Chapter V and Chapter XXIII of the Penal Code (Cap. 224), any person who attempts to commit, or does any act preparatory to the commission of an offence under this Act, shall be deemed to be guilty of that