Short title.
1.
This
Act may be cited as the Vandalism Act.
Interpretation.
2.
In
this Act —"act
of vandalism"
means —
(a)
without the written authority of an
authorised officer or representative of the Government or of the
government of any Commonwealth or foreign country or of any statutory
body or authority or of any armed force lawfully present in Singapore
in the case of public property, or without the written consent of
the owner or occupier in the case of private property —(i)
writing, drawing, painting, marking
or inscribing on any public property or private property any word,
slogan, caricature, drawing, mark, symbol or other thing;
(ii)
affixing, posting up or displaying
on any public property or private property any poster, placard,
advertisement, bill, notice, paper or other document; or
(iii)
hanging, suspending, hoisting, affixing
or displaying on or from any public property or private property
any flag, bunting, standard, banner or the like with any word, slogan,
caricature, drawing, mark, symbol or other thing; or
(b)
stealing, destroying or damaging any
public property;
"private
property"
means movable or immovable
property other than public property;
"public
property"
means movable or immovable
property belonging to the Government or to the government of any
Commonwealth or foreign country or to any statutory body or authority
or to any armed force lawfully present in Singapore.
Penalty for acts of vandalism.
3.
Notwithstanding
the provisions of any other written law, any person who commits
any act of vandalism or attempts to do any such act or causes any
such act to be done 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 3 years, and shall also, subject to section
231 of the Criminal Procedure Code, be punished with caning with not
less than 3 strokes and not more than 8 strokes:
Provided that the punishment of caning
shall not be imposed on a first conviction under this Act in the
case of any act falling within —(a)
paragraph (a) (i)
of the definition of “act of vandalism” in section
2, if the writing, drawing, mark or inscription is done with pencil,
crayon, chalk or other delible substance or thing and not with paint,
tar or other indelible substance or thing; or
(b)
paragraph (a) (ii)
or (a) (iii) of that definition.
Cap. 68.
Written authority or written consent
to be produced on demand to certain persons.
4.
—(1)
The
written authority or the written consent, as the case may be, required under
paragraph (a) of the definition of “act
of vandalism” in section 2 shall be produced on demand
to any member of the Singapore Police Force or of the Special Constabulary
or of the Auxiliary Police Force or to any member of the naval,
military or air force police attached to the Singapore Armed Forces
or to any armed force lawfully present in Singapore.
(2)
Any person who fails, refuses or neglects
to produce such written authority or written consent on demand as
provided in subsection (1) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $500.
Power to seize article or thing in
respect of which offence committed.
5.
Any
person mentioned in section 4 (1) may seize any poster, placard,
bunting, paper or document or any other article or thing whatsoever
in respect of which he reasonably believes an offence to have been
committed under this Act or which he reasonably believes to be or
to contain evidence relating to such an offence.
Offences to be seizable and non-bailable.
6.
Every
offence under the provisions of this Act shall be seizable and non-bailable for
the purposes of the Criminal Procedure Code.
Cap. 68.
Presumption.
7.
For
the purposes of any prosecution under section 411 of the Penal Code,
where the stolen property is public property, it shall be presumed,
until the contrary is proved, that the person who received or retained
that property knew or had reason to believe that the property was
stolen public property and also that such person received or retained
it dishonestly.
Cap. 224.
Revocation of secondhand goods dealer’s
licence upon conviction
8.
Where any secondhand goods dealer
within the meaning of the Secondhand Goods Dealers Act 2007 is convicted
under section 411 of the Penal Code (Cap. 224) and the
stolen property concerned is public property, the court shall, in addition
to any other penalty that it may impose, revoke any licence or exemption granted
under that Act to the secondhand goods dealer.