Criminal Procedure Code 2010, Division 7 — Surrender of travel document and requirement to remain in Singapore (s 112–s 114) — Singapore Act

Surrender of travel document

s 112

112.—(1) Despite any other written law —(a) a police officer of or above the rank of sergeant, with the written consent of an authorised officer; (b) the head or an authorised director of any other law enforcement agency or a person of a similar rank; or (c) any officer of a prescribed law enforcement agency, with the written consent of the head or an authorised director of that law enforcement agency or a person of a similar rank, may require a person whom he or she has reasonable grounds for believing has committed any offence to surrender the person’s travel document. [19/2018] (2) Any person who fails to surrender his or her travel document as required under subsection (1) may be arrested and taken before a Magistrate. (3) If the person arrested and taken before the Magistrate under subsection (2) is unable to show good reasons for not surrendering his or her travel document, the Magistrate may commit him or her to prison until he or she surrenders his or her travel document. (4) For the purposes of subsection (3), a certificate signed by an authorised officer, or the head or an authorised director of any law enforcement agency or a person of a similar rank, or the head or an authorised director of any prescribed law enforcement agency or a person of a similar rank (as the case may be) to the effect that the prisoner has complied with the requirements to surrender his or her travel document is sufficient warrant for the Commissioner of Prisons to release the prisoner.[1/2014; 19/2018] (4A) Any person who has surrendered that person’s travel document under this section must not leave, or attempt to leave, Singapore unless —(a) that person has applied under section 113 for the return of that travel document; and (b) that travel document is returned to that person.[19/2018] (4B) Any person who knowingly contravenes subsection (4A) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both.[19/2018] (5) In this section and section 113 —“authorised director”, in relation to a law enforcement agency, means a director of that law enforcement agency who is authorised to perform the duties, and exercise the powers, under this section and section 113 of the head of that law enforcement agency; “authorised officer” means a police officer of or above the rank of Deputy Superintendent of Police who is authorised by the Commissioner of Police to give a written consent mentioned in subsection (1)(a); “prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)(c) by the Minister charged with the responsibility for that law enforcement agency.[19/2018] —(1) Despite any other written law —(a) a police officer of or above the rank of sergeant, with the written consent of an authorised officer; (b) the head or an authorised director of any other law enforcement agency or a person of a similar rank; or (c) any officer of a prescribed law enforcement agency, with the written consent of the head or an authorised director of that law enforcement agency or a person of a similar rank, may require a person whom he or she has reasonable grounds for believing has committed any offence to surrender the person’s travel document. [19/2018] (2) Any person who fails to surrender his or her travel document as required under subsection (1) may be arrested and taken before a Magistrate. (3) If the person arrested and taken before the Magistrate under subsection (2) is unable to show good reasons for not surrendering his or her travel document, the Magistrate may commit him or her to prison until he or she surrenders his or her travel document. (4) For the purposes of subsection (3), a certificate signed by an authorised officer, or the head or an authorised director of any law enforcement agency or a person of a similar rank, or the head or an authorised director of any prescribed law enforcement agency or a person of a similar rank (as the case may be) to the effect that the prisoner has complied with the requirements to surrender his or her travel document is sufficient warrant for the Commissioner of Prisons to release the prisoner.[1/2014; 19/2018] (4A) Any person who has surrendered that person’s travel document under this section must not leave, or attempt to leave, Singapore unless —(a) that person has applied under section 113 for the return of that travel document; and (b) that travel document is returned to that person.[19/2018] (4B) Any person who knowingly contravenes subsection (4A) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both.[19/2018] (5) In this section and section 113 —“authorised director”, in relation to a law enforcement agency, means a director of that law enforcement agency who is authorised to perform the duties, and exercise the powers, under this section and section 113 of the head of that law enforcement agency; “authorised officer” means a police officer of or above the rank of Deputy Superintendent of Police who is authorised by the Commissioner of Police to give a written consent mentioned in subsection (1)(a); “prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)(c) by the Minister charged with the responsibility for that law enforcement agency.[19/2018]

Return of travel document

s 113

113.—(1) A person who has surrendered his or her travel document under section 112 may apply to the authorised officer, or the head or an authorised director of the law enforcement agency or a person of similar rank, or the head or an authorised director of the prescribed law enforcement agency or a person of a similar rank (as the case may be) for the return of the travel document.[19/2018] (2) Where an application under subsection (1) has been refused, the person may apply to a District Judge for the return of his or her travel document, stating the reasons for the application. (3) The District Judge may —(a) grant the application subject to such conditions as to the further surrender of the travel document and the provision of security for the appearance of the applicant at such time and place in Singapore as the District Judge may determine; or (b) refuse the application. (4) If the applicant fails to comply with any condition of the return of the travel document, any security provided for the return may be forfeited by a Magistrate and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 112(1) may be arrested and dealt with under section 112(2) and (3). —(1) A person who has surrendered his or her travel document under section 112 may apply to the authorised officer, or the head or an authorised director of the law enforcement agency or a person of similar rank, or the head or an authorised director of the prescribed law enforcement agency or a person of a similar rank (as the case may be) for the return of the travel document.[19/2018] (2) Where an application under subsection (1) has been refused, the person may apply to a District Judge for the return of his or her travel document, stating the reasons for the application. (3) The District Judge may —(a) grant the application subject to such conditions as to the further surrender of the travel document and the provision of security for the appearance of the applicant at such time and place in Singapore as the District Judge may determine; or (b) refuse the application. (4) If the applicant fails to comply with any condition of the return of the travel document, any security provided for the return may be forfeited by a Magistrate and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 112(1) may be arrested and dealt with under section 112(2) and (3).

Where person acquainted with facts of investigation intends to leave Singapore

s 114

114.—(1) Where a court is satisfied that any person who is acquainted with the subject matter of any investigation carried out under this Code intends to leave Singapore, the court may, having due regard to the circumstances of the person and on the application of the Public Prosecutor, by order require the person to remain in Singapore for such period as the court considers reasonable to facilitate the investigation.(2) The court may order due provision to be made for the maintenance of such person and for compensating him or her for his or her loss of time. —(1) Where a court is satisfied that any person who is acquainted with the subject matter of any investigation carried out under this Code intends to leave Singapore, the court may, having due regard to the circumstances of the person and on the application of the Public Prosecutor, by order require the person to remain in Singapore for such period as the court considers reasonable to facilitate the investigation. (2) The court may order due provision to be made for the maintenance of such person and for compensating him or her for his or her loss of time.