On 26/09/2017, you requested the version as published on or before 31/10/2016.
No. S 559
Public Order Act
(Amendment) Order 2016
(Amendment) Order 2016
In exercise of the powers conferred by section 14 of the Public Order Act, the Minister for Home Affairs makes the following Order:
1. This Order is the Public Order (Unrestricted Area) (Amendment) Order 2016 and comes into operation on 1 November 2016.
2. The Public Order (Unrestricted Area) Order 2016 (G.N. No. S 208/2016) (called in this Order the principal Order) is amended by inserting, immediately after paragraph 1, the following paragraph:
1A. In this Order, unless the context otherwise requires —
“company” means a company incorporated in Singapore under the Companies Act (Cap. 50);
“real-time transmission”, in relation to the act of public speaking at an assembly or procession, means the simultaneous audio or visual transmission, through the Internet or other form of communication network, to the place of that assembly or procession, of the act of public speaking at another place, including any reasonable period of delay, due to any technical or other reason, between the act of public speaking and the audio or visual transmission of such act;
“recording” means any disc, magnetic tape or solid state recording device containing information by the use of which sound (whether or not accompanied by images) may be produced electronically;
“Singapore entity” means a Singapore‑controlled corporation, a Singapore‑controlled partnership or a Singapore‑controlled unincorporated association;
“Singapore‑controlled corporation” means a body corporate incorporated under any written law in Singapore —
with a management body (whether called an executive or board of directors or otherwise), the majority of whose members (whether called directors, partners or otherwise) are citizens of Singapore; and
with a majority of members who are citizens of Singapore or one or more Singapore entities or, in the case of a company having a share capital, the majority of whose shares are held by citizens of Singapore or one or more Singapore entities;
“Singapore‑controlled partnership” means —
a partnership registered under the Business Names Registration Act 2014 (Act 29 of 2014) in Singapore, the majority of whose partners are citizens of Singapore or one or more Singapore entities; or
a limited partnership registered under the Limited Partnerships Act (Cap. 163B) in Singapore —
the majority of whose general partners as defined in that Act are citizens of Singapore or one or more Singapore entities; and
the majority of whose limited partners as defined in that Act are citizens of Singapore or one or more Singapore entities;
“Singapore‑controlled unincorporated association” means an unincorporated association formed in Singapore under any written law —
with a management body (whether called a committee or council or otherwise), the majority of whose officers are citizens of Singapore; and
the majority of whose members are citizens of Singapore or one or more Singapore entities.”.
3. Paragraph 3 of the principal Order is amended by deleting sub‑paragraph (4) and substituting the following sub‑paragraph:
“(4) In this paragraph —
“public speaking” includes —
giving a lecture, talk or address; or
participating in a public debate or discussion; and
an individual “engages in public speaking” if the individual speaks through one or a combination of the following:
in person at the Speakers’ Corner area;
by real-time transmission of the individual’s public speaking that is taking place elsewhere (whether in or outside Singapore and whether in a public or private place);
an exhibition of a recording of the individual’s public speaking made before the commencement of the public assembly or procession.”.
4. Paragraph 4 of the principal Order is deleted and the following paragraph substituted therefor:
—(1) A person who organises an assembly or procession in the Speakers’ Corner area (whether or not in combination with a play reading, recital, performance or an exhibition) must —
be a citizen of Singapore or a Singapore entity; and
comply with the conditions mentioned in sub‑paragraph (2).
(2) The conditions mentioned in sub‑paragraph (1)(b) are —
the person must ensure that —
the assembly or procession does not deal with a matter that relates, directly or indirectly, to any religious belief or to religion generally; or
the assembly or procession is not about a matter, or is not conducted in a way, that may cause feelings of enmity, hatred, ill will or hostility between different racial or religious groups in Singapore;
the person, or an authorised agent of the person, must be present at all times during the assembly or procession;
the person, or an authorised agent of the person, must ensure that only citizens of Singapore or permanent residents of Singapore participate in the assembly or procession; and
the person must not, at any time before, during or after the assembly or procession, display or exhibit, or cause to be displayed or exhibited, any banner, flag, poster, placard, photograph, film, sign, writing or other visual representation or paraphernalia, containing violent, lewd or obscene material.
(3) A person that fails to comply with sub‑paragraph (1) 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 6 months or to both.”.
5. Paragraph 5 of the principal Order is amended —
by deleting the words “a demonstration in the Speakers’ Corner area (whether or not as part of an assembly or procession or in combination with a play‑reading, recital, performance or an exhibition)” in sub‑paragraph (1) and substituting the words “an assembly or procession in the Speakers’ Corner area (whether or not in combination with a play reading, recital, performance or an exhibition)”;
by deleting the words “the demonstration” in sub‑paragraph (1)(b) and substituting the words “the assembly or procession”; and
by deleting the word “demonstrations” in the paragraph heading and substituting the words “assemblies and processions”.
[MHA 112/2/0108; AG/LEGIS/SL/257A/2015/2 Vol. 2]