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REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
| NO. 15] | Thursday, April 20 | [2000 |
The following Act was passed by Parliament on 21st February 2000 and assented to by the President on 7th March 2000:—
Prisons (Amendment) Act 2000
(No. 8 of 2000)
I assent
S R NATHAN,
President. 7th March 2000. |
Date of Commencement: 17th April 2000
An Act to amend the Prisons Act (Chapter 247 of the 1985 Revised Edition) and to make related amendments to the Intoxicating Substances Act (Chapter 146A of the 1988 Revised Edition) and the Misuse of Drugs Act (Chapter 185 of the 1998 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
2. Section 2 of the Prisons Act is amended —
(a)
by inserting, immediately before the definition of “Director”, the following definition:
“ “Corporation” means the Singapore Corporation of Rehabilitative Enterprises established under the Singapore Corporation of Rehabilitative Enterprises Act (Cap. 298);”; and
(b)
by deleting the definition of “prison officer” and substituting the following definition:
“ “prison officer” means any prison officer appointed under section 8 but does not include the Director or any Superintendent;”.
3. Section 7 of the Prisons Act is repealed and the following section substituted therefor:
7.
—(1) Subject to the orders of the Director, the administration of each prison shall be vested in a Superintendent.
(2) If the Superintendent of a prison is temporarily absent or temporarily incapacitated, the powers and duties of the Superintendent under the Act or any regulations made thereunder may, during the period of absence or incapacity, be exercised and performed by any prison officer appointed by the Director.”.
4. The Prisons Act is amended by inserting, immediately after section 7, the following Part:
“PART IIA
COMMITTEE OF INQUIRY
7A.
—(1) Where it is expedient that the Minister, or such other person as the Minister may appoint to exercise the powers conferred upon the Minister by this Part, should be informed on any matter connected with the discipline, administration or functions of any prison or affecting any prisoner, the Minister or the person appointed by the Minister may convene a committee of inquiry.
(2) A committee of inquiry shall inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter.
(3) In this Part, “Minister” includes the person appointed by the Minister under subsection (1) to act on his behalf for the purposes of this Part.
7B.
—(1) A committee of inquiry shall consist of one or more persons who shall be appointed by the Minister.
(2) Where a committee of inquiry consists of more than one person, the Minister shall appoint one of the members to be the chairman.
(3) Where a committee of inquiry consists of one member only, he shall be vested with the powers of a chairman.
(4) Every member of a committee of inquiry appointed under this section shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224).
7C. A committee of inquiry may —
(a)
summon any person to give evidence on oath or on affirmation or to produce any document or material necessary for the purpose of the inquiry; and
(b)
visit any place in order to inquire into any matter which may arise in the course of the inquiry.
7D.
—(1) A person who is summoned to give evidence before a committee of inquiry shall not, without lawful excuse, fail to appear in obedience to the summons.
(2) A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry shall not, without lawful excuse, fail to produce the document or material.
(3) 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 $2,000 or to imprisonment for a term not exceeding 6 months or to both.
7E.
—(1) A person who appears before a committee of inquiry shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which he is lawfully required to produce or answer.
(2) Any person who contravenes subsection (1) 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 6 months or to both.
7F. Every person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both.
7G. Except as otherwise provided in this Act or any regulations made thereunder, a committee of inquiry shall not be bound by the rules of evidence and may act in such manner as the committee of inquiry thinks most expedient.
7H. No statement made in the course of any inquiry and no report of a committee of inquiry shall be admissible as evidence in any proceedings other than proceedings, whether criminal or disciplinary, for an offence of giving or fabricating false evidence under any written law.
7J.
—(1) Where it appears to a committee of inquiry that the Director, any Superintendent, prison officer or witness may be adversely affected by its findings, it shall notify him and give him an opportunity to be present at the proceedings of the committee of inquiry or at such part thereof as the chairman may specify.
(2) The person notified under subsection (1) shall be allowed to give evidence and examine any witness.
7K.
—(1) The chairman shall record or cause to be recorded in writing the proceedings of the committee of inquiry.
(2) The evidence of each witness before a committee of inquiry shall be read over to him and shall be signed by him.
(3) A record of the proceedings of a committee of inquiry shall be signed by the chairman and the members of the committee, if any, and forwarded to the Minister.
(4) The record of proceedings of a committee of inquiry or any part thereof or any information relating thereto shall be kept confidential and shall not be released to any person, other than a member of the committee, without the written permission of the Minister.
7L. Every person who, otherwise than in the course of duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry 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 6 months or to both.”.
5. Sections 15 and 16 of the Prisons Act are repealed.
6. Section 21 of the Prisons Act is amended —
(a)
by deleting subsections (1) and (2) and substituting the following subsections:
“(1) Subject to this section, a Superintendent or prison officer may use any weapon —
(a)
against any prisoner escaping or attempting to escape;
(b)
against any person who does any act or attempts to do any act to facilitate the escape of any prisoner; or
(c)
against any person engaged in any attempt to damage or force or break open —
(i)
the outside door or gate or enclosure wall of a prison or any other part of a prison; or
(ii)
any part of any vehicle in which a prisoner is conveyed.
(2) A Superintendent or prison officer may use any weapon —
(a)
on any prisoner engaged in any combined outbreak; and
(b)
on any person engaged in any attempt to damage or force or break open —
(i)
the outside door or gate or enclosure wall of a prison or any other part of a prison; or
(ii)
any part of any vehicle in which a prisoner is conveyed,
and may continue to use the weapon so long as the combined outbreak or attempt is actually being prosecuted.”; and
(b)
by deleting subsections (4) and (5) and substituting the following subsections:
“(4) A Superintendent or prison officer shall not resort to the use of any weapon under subsection (1) unless he has reasonable ground to believe that he cannot otherwise prevent the escape of any prisoner.
(5) Before using any firearm against a prisoner or other person referred to subsection (1), the Superintendent or prison officer shall give a warning to the prisoner or that other person, as the case may be, that he is about to fire on him.
(5A) No prison officer shall, in the presence of his superior officer, use any firearm against a prisoner or other person in the circumstances described in subsection (1) or (2) except under the orders of his superior officer.”.
7. The Prisons Act is amended by inserting, immediately after section 23, the following section:
23A.
—(1) For the purpose of assisting him in the discharge of his duties under this Act, the Director may employ such numbers of auxiliary police officers as he considers fit as escorts or guards to ensure the safe custody of the prisoners who are under his custody while the prisoners are transported to, or from, any prison and while the prisoners are at any place outside a prison.
(2) A prisoner who is delivered into the custody of an auxiliary police officer under this section shall be deemed to be in lawful custody.
(3) Every auxiliary police officer who is employed as an escort or a guard under subsection (1) shall, in the course of carrying out his duties as an escort or a guard —
(a)
have the powers of a prison officer conferred under section 21;
(b)
be deemed to be a prison officer for the purpose of section 52; and
(c)
be deemed to be an officer for the purposes of sections 55 and 56.
(4) Every auxiliary police officer employed under subsection (1) shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224).
(5) For the purpose of this section, “auxiliary police officer” means a member of the Auxiliary Police Force established under section 12 of the Commercial and Industrial Security Corporation Act (Cap. 47) or a member of an auxiliary police force established under any other written law.”.
8. The Prisons Act is amended by inserting, immediately after section 28, the following section:
28A.
—(1) The Superintendent of any prison may, on proof to his satisfaction that the presence of a prisoner at any place is required in the interest of the prisoner, by writing under his hand order that the prisoner be taken to that place.
(2) A prisoner taken from a prison under an order made under subsection (1) shall, while outside that prison, be kept in such custody as the Superintendent may by writing under his hand so direct, and while in that custody shall be deemed to be in lawful custody.”.
9. Section 32(3) of the Prisons Act is amended by deleting the words “Visiting Justices” in the 2nd line and substituting the word “Director”.
10. The Prisons Act is amended by inserting, immediately after section 38, the following Part:
“PART IVA
HOME DETENTION SCHEME
38A. In this Part —
“home detention”, in relation to a prisoner, means the serving by the prisoner of his sentence of imprisonment in such place or places, outside the limits of any prison, as may be specified in the home detention order;
“home detention order” means an order of the Director under section 38B;
“Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner had been released for home detention.
38B. Subject to section 38C, the Director may, if he thinks fit, by order release a prisoner who is eligible for home detention for a period not exceeding 6 months.
38C.
—(1) A prisoner is eligible to be released for home detention under section 38B if —
(a)
he is serving a sentence of imprisonment for a term of not less than 6 months and has served not less than half of his sentence of imprisonment; and
(b)
he is not a prisoner specified under the Schedule as being disqualified from being released for home detention under section 38B.
(2) For the purpose of subsection (1)(a), the total consecutive periods of imprisonment of whatever nature shall be treated as one sentence.
38D.
—(1) A prisoner subject to a home detention order shall —
(a)
remain indoors at his place of residence or at such other place or places as may be designated by the Director in the order and between such times as may be specified in the order;
(b)
wear at all times on such part of his body as the Director may specify, such electronic transmitting device as may be issued by the Director for the purpose of securing the electronic monitoring of his whereabouts by means of an electronic monitoring device;
(c)
allow the Superintendent and any person authorised by the Superintendent to enter at any time his place of residence, or at such other place or places designated by the Director under paragraph (a), to install, inspect, maintain, repair or retrieve any electronic monitoring device;
(d)
allow a telephone line at his place of residence, or at such other place or places designated by the Director under paragraph (a), to be connected to an electronic monitoring device;
(e)
ensure that there is no call waiting or call transfer facility attached to the telephone line referred to in paragraph (d) and that the telephone line is not connected to any cordless telephone, telephone answering machine, parallel telephone line, modulator ‐ demodulator unit or any other equipment which may interfere with the proper functioning of the electronic monitoring device;
(f)
not disconnect, remove, damage, tamper with, or lose the electronic transmitting device issued to him or the electronic monitoring device installed at his place of residence or at such other place or places designated by the Director under paragraph (a), or disconnect, remove, damage or tamper with the telephone line connected to the electronic monitoring device;
(g)
immediately inform the Superintendent or any prison officer of any malfunction or loss of, or damage to, the electronic transmitting device or the electronic monitoring device;
(h)
respond promptly to any telephone call from any person appointed by the Director to monitor prisoners who have been issued with an electronic transmitting device; and
(i)
comply with such other conditions as the Director may specify in the order.
(2) The Director may at any time by order in writing served on the prisoner subject to a home detention order —
(a)
vary, cancel or add to any of the conditions specified in subsection (1); or
(b)
exempt the prisoner from any of the conditions specified in subsection (1).
38E. Where a home detention order is in force in respect of a prisoner —
(a)
the prisoner shall be deemed to be serving his sentence of imprisonment;
(b)
the prisoner shall be deemed to be in the lawful custody of the Superintendent; and
(c)
the prisoner is entitled to earn remission in respect of the period of imprisonment which is served under the order.
38F.
—(1) If a Superintendent has reason to suspect that a prisoner has failed to comply with any of the conditions of the home detention order, or has committed a disciplinary offence while being subject to a home detention order, the Superintendent may —
(a)
make such inquiry as may be necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the home detention order or committed a disciplinary offence while being subject to the order; and
(b)
recall the prisoner to prison pending the completion of the inquiry.
(2) The period of the home detention order of a prisoner who is recalled to prison under subsection (1)(b) shall continue to run, notwithstanding the fact that he is recalled to prison, unless the order is revoked under section 38G or suspended under section 38H.
38G.
—(1) If the Director is satisfied that —
(a)
a prisoner has failed to return to prison after he has been recalled to prison under section 38F(1)(b);
(b)
a prisoner has failed to comply with any of the conditions of the home detention order;
(c)
a prisoner has committed a disciplinary offence while being subject to a home detention order;
(d)
the whereabouts of a prisoner can no longer be electronically monitored at his place of residence, or such other place or places at which the prisoner is required to remain within doors under the conditions of the home detention order; or
(e)
it is necessary in the public interest to do so,
the Director may revoke the home detention order in respect of that prisoner and recall the prisoner to prison and the prisoner shall, if at large, be deemed to be unlawfully at large.
(2) Upon the revocation of the home detention order under subsection (1), the prisoner shall serve the unexpired part of his sentence of imprisonment in prison.
38H.
—(1) Subject to subsection (2), where a prisoner subject to a home detention order is punished for a minor prison offence under section 53(1)(a) or (b), or for an aggravated prison offence under section 54(1)(b) or (c), the home detention order in respect of the prisoner shall, unless revoked under section 38G, be suspended from the date on which the prisoner is punished for —
(a)
the period that the prisoner is confined in a punishment cell pursuant to an order under section 53(1)(a) or 54 (1)(b); or
(b)
the period of remission which is forfeited pursuant to an order under section 53(1)(b) or 54 (1)(c).
(2) If a prisoner is punished with both confinement in a punishment cell under section 53(1)(a) or 54 (1)(b) and forfeiture of remission under section 53(1)(b) or 54 (1)(c), the period for which the home detention order shall be suspended under subsection (1) shall be the sum of the period for which the prisoner is ordered to undergo confinement and the period of remission forfeited.
38I. A police officer of and above the rank of Assistant Superintendent of Police or a police officer authorised by him may —
(a)
enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after he is recalled by the Superintendent under section 38F(1)(b); and
(b)
in order to effect an entrance into that place, break open any outer or inner door or window of that place if he cannot otherwise obtain admittance thereto.”.
11. Section 39 of the Prisons Act is repealed and the following section substituted therefor:
39.
—(1) The Director, any Superintendent, prison officer, medical officer, member or employee of the Corporation or any other person working in a prison shall not —
(a)
sell, supply or receive, directly or indirectly, any benefit or advantage from the sale or supply of any article to or for the use of any prisoner or for the use of any prison;
(b)
directly or indirectly have any interest in any contract or agreement for the sale or supply of any article referred to in paragraph (a); or
(c)
directly or indirectly have any pecuniary interest in the purchase of any prison supplies, or receive any discount, gift or other consideration from contractors for or sellers of such supplies, or have any pecuniary dealing with prisoners or with their friends with regard to them.
(2) A prison officer, medical officer, member or employee of the Corporation or any other person working in a prison shall not hold any communication with any person on behalf of any prisoner unless authorised by the Director or the Superintendent.
(3) 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 $6,000 or to imprisonment for a term not exceeding 12 months or to both.”.
12. Section 41 of the Prisons Act is amended —
(a)
by deleting the words “to any prison officer, and any prison officer receiving or demanding” in the 5th and 6th lines of subsection (1) and substituting the words “to any prison officer, medical officer, member or employee of the Corporation, or to any other person working in a prison, and any such person receiving or demanding”;
(b)
by deleting “$400” in the penultimate line of subsection (1) and substituting “$1,200”; and
(c)
by deleting the word “person” in subsection (2) and substituting the words “public officer”.
13. Section 42 of the Prisons Act is amended —
(a)
by deleting the words “Chief Rehabilitation Officer or Principal Rehabilitation Officer” in the 2nd and 3rd lines of subsection (1) and substituting the word “Superintendent”; and
(b)
by deleting “$100” in the 3rd line of subsection (2) and substituting “$1,000”.
14. Sections 43 to 46 of the Prisons Act are repealed.
15. Section 47(1) of the Prisons Act is amended by deleting “$400” in the penultimate line and substituting “$1,200”.
16. Section 49 of the Prisons Act is amended by deleting “$1,000” in the 32nd line and substituting “$3,000”.
17. Section 53(1) of the Prisons Act is amended —
(a)
by deleting the words “hereinafter specified” in the 3rd line and substituting the words “specified in section 55”;
(b)
by deleting the words “on a diet of bread and water or rice and water” in paragraph (a); and
(c)
by deleting the full-stop at the end of paragraph (c) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:
“(d)
a written warning;
(e)
in the case of a prisoner subject to a home detention order under section 38B, extension of the hours to which the prisoner is required to remain indoors under the conditions of the order.”.
18. Section 54 of the Prisons Act is amended —
(a)
by deleting the words “this subsection” in the 3rd line of subsection (1) and substituting the words “section 56”;
(b)
by deleting the words “on a diet of bread and water or rice and water” in subsection (1)(b);
(c)
by inserting, immediately after subsection (1), the following subsections:
“(1A) Where the Superintendent has imposed any punishment upon any prisoner under subsection (1), the Superintendent shall notify the Director of the facts of the case and the punishment imposed on the prisoner not later than 7 days after imposition of the punishment.
(1B) The Director may within 7 days of being notified by the Superintendent under subsection (1A) —
(a)
confirm any punishment imposed by the Superintendent under subsection (1); or
(b)
vary any punishment imposed by a Superintendent under subsection (1), including enhancing, reducing or substituting the punishment imposed by the Superintendent or imposing such additional punishment that could have been awarded by the Superintendent under that subsection.
(1C) Where the Director imposes forfeiture of remission under subsection (1B)(b), the forfeiture of remission shall not exceed such amount as may be prescribed.
(1D) Any punishment imposed by a Superintendent under subsection (1) shall not be carried out until confirmed, or varied, by the Director under subsection (1B).”; and
(d)
by inserting, immediately after the words “imposed by him” in the 3rd line of subsection (2), the words “and by the Director under subsection (1B)”.
19. Section 55 of the Prisons Act is amended by inserting, immediately after paragraph (47), the following paragraph:
20. Section 56 of the Prisons Act is amended by inserting, immediately after paragraph (8), the following paragraphs:
“(8A) failure by a prisoner subject to a home detention order under section 38B to report to such person and at such times and place as may be specified under the conditions of the order;
(8B) where a prisoner subject to a home detention order under section 38B is required under the conditions of the order to allow the Superintendent or any person authorised by the Superintendent to enter his place of residence, or any other place or places designated under the order, the refusal by the prisoner to allow the entry, or obstructing or hindering the entry, of such person;”.
21. Section 62 of the Prisons Act is —
(a)
by deleting the words “for each year” in subsection (1); and
(b)
by inserting, immediately after subsection (1), the following subsection:
“(1A) Each member of the Board of Visiting Justices —
(a)
shall hold office for a period not exceeding 2 years or for such other period as the Minister may determine;
(b)
may from time to time be re-appointed or at any time be removed from office by the Minister; and
(c)
may at any time resign from his office by giving notice in writing to the Minister.”.
22. Section 63 of the Prisons Act is amended by deleting subsection (2).
23. Section 65(2) of the Prisons Act is amended by inserting, immediately after paragraph (k), the following paragraph:
“(ka)
the establishment of an advisory committee for the purpose of advising the Director on the suitability of a prisoner to be released for home detention under Part IVA and its constitution, functions and procedures;”.
24. The Prisons Act is amended by inserting, immediately after section 66, the following section and Schedule:
67. The Minister may, by order published in the Gazette, amend the Schedule.
THE SCHEDULE
Sections 38C(1)(b) and 67
Disqualification from being released for home detention under section 38B
A prisoner is disqualified from being released for home detention if the prisoner —
(1) has, in respect of the same sentence of imprisonment, previously been released for home detention under section 38B and the order for his release under that section has expired or has been revoked;(2) is serving a sentence of imprisonment for life;
(3) has been convicted of a capital offence and whose death penalty has been commuted to a sentence of imprisonment for life;
(4) is being detained under the President’s pleasure under section 213 of the Criminal Procedure Code (Cap. 68);
(5) is liable to be removed from Singapore on completion of his sentence of imprisonment;
(6) is convicted of an offence under section 5 of the Misuse of Drugs Act (Cap. 185);
(7) is convicted of an offence punishable under any of the following provisions of the Penal Code (Cap. 224):
(a)
section 147 (Rioting);
(b)
section 148 (Rioting, armed with a deadly weapon);
(c)
section 304 (Culpable homicide not amounting to murder);
(d)
section 307 (Attempt to murder);
(e)
section 325 (Voluntarily causing grievous hurt);
(f)
section 326 (Voluntarily causing grievous hurt by dangerous weapons or means);
(g)
section 354 (Outraging modesty);
(h)
section 354A (Outraging modesty in certain circumstances);
(i)
section 363 (Kidnapping);
(j)
section 364 (Kidnapping or abducting in order to murder);
(k)
section 376 (Rape);
(l)
section 376B (Incest committed by men);
(m)
section 376C (Incest committed by women);
(n)
section 377 (Unnatural offences);
(o)
section 395 (Gang-robbery);
(p)
section 400 (Belonging to gang-robbers); or
(8) is convicted of an offence under section 224 of the Penal Code for escaping or attempting to escape from any custody in which he is lawfully detained for an offence of which he has been charged or convicted.”.
25. The Intoxicating Substances Act (Cap. 146A) is amended —
(a)
by inserting, immediately after the definition of “police officer” in section 2, the following definition:
(b)
by inserting, immediately after section 22, the following sections:
22A.
—(1) Subject to this section, a prison officer may use any weapon —
(a)
against an inmate of any approved centre escaping or attempting to escape;
(b)
against any person who does any act or attempts to do any act to facilitate the escape of an inmate of any approved centre;
(c)
against any person engaged in any attempt to damage or force or break open —
(i)
the outside door or gate or enclosure wall of any approved centre or any other part of an approved centre; or
(ii)
any part of any vehicle in which an inmate is conveyed.
(2) A prison officer may use any weapon —
(a)
on an inmate of any approved centre engaged in any combined outbreak; and
(b)
on any person engaged in any attempt to damage or force or break open —
(i)
the outside door or gate or enclosure wall of any approved centre or any other part of an approved centre; or
(ii)
any part of any vehicle in which an inmate is conveyed,
and may continue to use the weapon so long as the combined outbreak or attempt is actually being prosecuted.
(3) Every prison officer may use weapons against an inmate of any approved centre using violence against any prison officer or other person, if the prison officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to either of them.
(4) A prison officer shall not resort to the use of any weapon under subsection (1) unless the officer has reasonable ground to believe that he cannot otherwise prevent the escape of any inmate.
(5) Before using any firearm against an inmate or other person referred to in subsection (1), the prison officer shall give a warning to the inmate or that other person, as the case may be, that he is about to fire on him.
(6) No prison officer shall, in the presence of his superior officer, use any firearm against an inmate or other person in the circumstances described in subsection (1) or (2) except under the orders of his superior officer.
(7) The use of weapons under this section shall be, as far as possible, to disable and not to kill.
(8) Every police officer who is for the time being serving in the capacity of an escort, or of a guard in or around any approved centre, for the purpose of ensuring the safe custody of any inmate, shall be deemed to have all the powers and privileges granted to a prison officer under this section.
22B.
—(1) For the purpose of assisting him in the discharge of his duties under this Act, the Director of Prisons appointed under section 8 of the Prisons Act (Cap. 247) may employ such numbers of auxiliary police officers as he considers fit as escorts or guards to ensure the safe custody of the inmates who are under his custody while the inmates are transported to, or from, any approved centre and while the inmates are at any place outside an approved centre.
(2) An inmate who is delivered into the custody of an auxiliary police officer under this section shall be deemed to be in legal custody within the meaning of section 22.
(3) Every auxiliary police officer who is employed as an escort or a guard under subsection (1) shall, in the course of carrying out his duties as an escort or a guard, have the same powers as a prison officer under section 22A.
(4) Every auxiliary police officer employed under subsection (1) shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224).
(5) For the purpose of this section, “auxiliary police officer” means a member of the Auxiliary Police Force established under section 12 of the Commercial and Industrial Security Corporation Act (Cap. 47) or a member of an auxiliary police force established under any other written law.”; and
(c)
by inserting, immediately after section 23, the following Part:
“PART IVA
COMMITTEE OF INQUIRY
23A.
—(1) Where it is expedient that the Minister, or such other person as the Minister may appoint to exercise the powers conferred upon the Minister by sections 23B, 23I and 23K, should be informed on any matter connected with the discipline, administration or functions of any approved centre or affecting any inmate, the Minister or the person appointed by the Minister may convene a committee of inquiry.
(2) A committee of inquiry shall inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter.
(3) In this section and in sections 23B, 23I and 23K, “Minister” includes the person appointed by the Minister under subsection (1) to act on his behalf for the purposes of this section and sections 23B, 23I and 23K.
23B.
—(1) A committee of inquiry shall consist of one or more persons who shall be appointed by the Minister.
(2) Where a committee of inquiry consists of more than one person, the Minister shall appoint one of the members to be the chairman.
(3) Where a committee of inquiry consists of one member only, he shall be vested with the powers of a chairman.
(4) Every member of a committee of inquiry appointed under this section shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224).
23C. A committee of inquiry may —
(a)
summon any person to give evidence on oath or on affirmation or to produce any document or material necessary for the purpose of the inquiry; and
(b)
visit any place in order to inquire into any matter which may arise in the course of the inquiry.
23D.
—(1) A person who is summoned to give evidence before a committee of inquiry shall not, without lawful excuse, fail to appear in obedience to the summons.
(2) A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry shall not, without lawful excuse, fail to produce the document or material.
(3) 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 $2,000 or to imprisonment for a term not exceeding 6 months or to both.
23E.
—(1) A person who appears before a committee of inquiry shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which he is lawfully required to produce or answer.
(2) Any person who contravenes subsection (1) 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 6 months or to both.
23F. Every person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both.
23G. Except as otherwise provided in this Act or any regulations made thereunder, a committee of inquiry shall not be bound by the rules of evidence and may act in such manner as the committee of inquiry thinks most expedient.
23H. No statement made in the course of any inquiry and no report of a committee of inquiry shall be admissible as evidence in proceedings other than proceedings, whether criminal or disciplinary, for an offence of giving or fabricating false evidence under any written law.
23J.
—(1) Where it appears to a committee of inquiry that any witness or person involved in the supervision or administration of an approved centre may be adversely affected by its findings, it shall notify him and give him an opportunity to be present at the proceedings of the committee of inquiry or at such part thereof as the chairman may specify.
(2) The person notified under subsection (1) shall be allowed to give evidence and examine any witness.
23K.
—(1) The chairman shall record or cause to be recorded in writing the proceedings of the committee of inquiry.
(2) The evidence of each witness before a committee of inquiry shall be read over to him and shall be signed by him.
(3) A record of the proceedings of a committee of inquiry shall be signed by the chairman and the members of the committee, if any, and forwarded to the Minister.
(4) The record of proceedings of a committee of inquiry or any part thereof or any information relating thereto shall be kept confidential and shall not be released to any person, other than a member of the committee, without the written permission of the Minister.
23L. Every person who, otherwise than in the course of duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry 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 6 months or to both.”.
26. The Misuse of Drugs Act (Cap. 185) is amended —
(a)
by inserting, immediately after the definitions of “Class A drug”, “Class B drug” and “Class C drug” in section 2, the following definition:
(b)
by inserting, immediately after the definition of “police officer” in section 2, the following definition:
(c)
by inserting, immediately after section 43, the following sections:
43A.
—(1) Subject to this section, a prison officer may use any weapon —
(a)
against an inmate of any approved institution escaping or attempting to escape;
(b)
against any person who does any act or attempts to do any act to facilitate the escape of an inmate of any approved institution;
(c)
against any person engaged in any attempt to damage or force or break open —
(i)
the outside door or gate or enclosure wall of any approved institution or any other part of an approved institution; or
(ii)
any part of any vehicle in which an inmate is conveyed.
(2) A prison officer may use any weapon —
(a)
on an inmate of any approved institution engaged in any combined outbreak; and
(b)
on any person engaged in any attempt to damage or force or break open —
(i)
the outside door or gate or enclosure wall of any approved institution or any other part of an approved institution; or
(ii)
any part of any vehicle in which an inmate is conveyed,
and may continue to use the weapon so long as the combined outbreak or attempt is actually being prosecuted.
(3) Every prison officer may use weapons against an inmate of any approved institution using violence against any prison officer or other person, if the prison officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to either of them.
(4) A prison officer shall not resort to the use of any weapon under subsection (1) unless the officer has reasonable ground to believe that he cannot otherwise prevent the escape of any inmate.
(5) Before using any firearm against an inmate or other person referred to in subsection (1), the prison officer shall give a warning to the inmate or that other person, as the case may be, that he is about to fire on him.
(6) No prison officer shall, in the presence of his superior officer, use any firearm against an inmate or other person in the circumstances described in subsection (1) or (2) except under the orders of his superior officer.
(7) The use of weapons under this section shall be, as far as possible, to disable and not to kill.
(8) Every police officer who is for the time being serving in the capacity of an escort, or of a guard in or around any approved institution, for the purpose of ensuring the safe custody of any inmate, shall be deemed to have all the powers and privileges granted to a prison officer under this section.
43B.
—(1) For the purpose of assisting him in the discharge of his duties under this Act, the Director of Prisons appointed under section 8 of the Prisons Act (Cap. 247) may employ such numbers of auxiliary police officers as he considers fit as escorts or guards to ensure the safe custody of the inmates who are under his custody while the inmates are transported to, or from, any approved institution and while the inmates are at any place outside an approved institution.
(2) An inmate who is delivered into the custody of an auxiliary police officer under this section shall be deemed to be in legal custody within the meaning of section 43.
(3) Every auxiliary police officer who is employed as an escort or a guard under subsection (1) shall, in the course of carrying out his duties as an escort or a guard, have the same powers as a prison officer under section 43A.
(4) Every auxiliary police officer employed under subsection (1) shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224).
(5) For the purpose of this section, “auxiliary police officer” means a member of the Auxiliary Police Force established under section 12 of the Commercial and Industrial Security Corporation Act (Cap. 47) or a member of an auxiliary police force established under any other written law.
43C.
—(1) Where it is expedient that the Minister, or such other person as the Minister may appoint to exercise the powers conferred upon the Minister by sections 43D, 43K and 43M, should be informed on any matter connected with the discipline, administration or functions of any approved institution or affecting any inmate, the Minister or the person appointed by the Minister may convene a committee of inquiry.
(2) A committee of inquiry shall inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter.
(3) In this section and in sections 43D, 43K and 43M, “Minister” includes the person appointed by the Minister under subsection (1) to act on his behalf for the purposes of this section and sections 43D, 43K and 43M.
43D.
—(1) A committee of inquiry shall consist of one or more persons who shall be appointed by the Minister.
(2) Where a committee of inquiry consists of more than one person, the Minister shall appoint one of the members to be the chairman.
(3) Where a committee of inquiry consists of one member only, he shall be vested with the powers of a chairman.
(4) Every member of a committee of inquiry appointed under this section shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224).
43E. A committee of inquiry may —
(a)
summon any person to give evidence on oath or on affirmation or to produce any document or material necessary for the purpose of the inquiry; and
(b)
visit any place in order to inquire into any matter which may arise in the course of the inquiry.
43F.
—(1) A person who is summoned to give evidence before a committee of inquiry shall not, without lawful excuse, fail to appear in obedience to the summons.
(2) A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry shall not, without lawful excuse, fail to produce the document or material.
(3) 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 $2,000 or to imprisonment for a term not exceeding 6 months or to both.
43G.
—(1) A person who appears before a committee of inquiry shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which he is lawfully required to produce or answer.
(2) Any person who contravenes subsection (1) 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 6 months or to both.
43H. Every person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both.
43I. Except as otherwise provided in this Act or the regulations, a committee of inquiry shall not be bound by the rules of evidence and may act in such manner as the committee of inquiry thinks most expedient.
43J. No statement made in the course of any inquiry and no report of a committee of inquiry shall be admissible as evidence in proceedings other than proceedings, whether criminal or disciplinary, for an offence of giving or fabricating false evidence under any written law.
43L.
—(1) Where it appears to a committee of inquiry that any witness or person involved in the supervision or administration of an approved institution may be adversely affected by its findings, it shall notify him and give him an opportunity to be present at the proceedings of the committee of inquiry or at such part thereof as the chairman may specify.
(2) The person notified under subsection (1) shall be allowed to give evidence and examine any witness.
43M.
—(1) The chairman shall record or cause to be recorded in writing the proceedings of the committee of inquiry.
(2) The evidence of each witness before a committee of inquiry shall be read over to him and shall be signed by him.
(3) A record of the proceedings of a committee of inquiry shall be signed by the chairman and the members of the committee, if any, and forwarded to the Minister.
(4) The record of proceedings of a committee of inquiry or any part thereof or any information relating thereto shall be kept confidential and shall not be released to any person, other than a member of the committee, without the written permission of the Minister.
43N. Every person who, otherwise than in the course of duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry 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 6 months or to both.”.