Interpretation of this Part and Parts 4 and 5
14.—(1) In this Part and Parts 4 and 5, unless the context otherwise requires —“public” includes a section of the public or a particular member of the public;
“relevant parties”, in relation to an OCPO or FRO, means —(a)
the Public Prosecutor; and
(b)
the person in relation to whom the OCPO or FRO is to be made, or the person who is the subject of the OCPO or FRO, as the case may be.
(2) For the purposes of this Act, a person (A) is involved in a serious offence associated with an organised criminal group if conditions X in subsection (3), or conditions Y in subsection (4), are met.
(3) Conditions X are —(a)
A, in Singapore, has committed the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence);
(b)
A, in Singapore, has facilitated the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by any other person; or
(c)
the conduct of A in Singapore was such that it was likely to facilitate the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by A or any other person,
and the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) —
(d)
is at the direction of a group which A knows or has reasonable grounds to believe is an organised criminal group; or
(e)
is in furtherance of the illegal purpose of a group which A knows or has reasonable grounds to believe is an organised criminal group.
(4) Conditions Y are —(a)
A, outside Singapore, has committed the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence);
(b)
A, outside Singapore, has facilitated the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by any other person; or
(c)
the conduct of A outside Singapore was such that it was likely to facilitate the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) by A or any other person,
and the commission of the serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) —
(d)
is at the direction of a group which A knows or has reasonable grounds to believe is a locally-linked organised criminal group; or
(e)
is in furtherance of the illegal purpose of a group which A knows or has reasonable grounds to believe is a locally‑linked organised criminal group.
(5) For the purposes of this Act, a person (A) is involved in a Part 2 offence if —(a)
A has committed the Part 2 offence;
(b)
A has facilitated the commission of the Part 2 offence by any other person; or
(c)
the conduct of A was such that it was likely to facilitate the commission of the Part 2 offence by A or any other person.
(6) For the purposes of this Part and Parts 4 and 5, references to a person who is the subject of an OCPO or FRO are references to a person against whom the public is to be protected.
Organised crime prevention orders
15.—(1) Subject to the provisions of Part 5, the General Division of the High Court may, upon the application of the Public Prosecutor, make an organised crime prevention order against a person if, upon giving the person a reasonable opportunity to be heard —(a)
the court is satisfied, on a balance of probabilities, that the person has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group; and
(b)
the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence, or any serious offence associated with an organised criminal group.[40/2019]
(2) Subject to the provisions of Part 5, where a court convicts any person for having committed —(a)
a Part 2 offence; or
(b)
a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13,
the court may, upon the application of the Public Prosecutor, and upon giving the person a reasonable opportunity to be heard, make an organised crime prevention order at the time of sentencing the person if the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence or any serious offence associated with an organised criminal group.
(3) An organised crime prevention order made under this section may contain —(a)
such prohibitions, restrictions or requirements; and
(b)
such other terms,
as the court considers appropriate for the purpose of protection as mentioned in subsection (1) or (2).
(4) Rules of Court may provide for the manner in which an application under subsection (1) may be made.
(5) To avoid doubt, any defence that is available to a person who is prosecuted for a Part 2 offence or serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, is also available to the person in any proceedings under this section for the same act.
(6) A reference in subsection (1) to involvement in a serious offence associated with an organised criminal group includes involvement at any time (whether before, on or after 1 June 2016) in a serious offence associated with an organised criminal group.
Type of provision that may be made by organised crime prevention orders
16.—(1) This section contains examples of, but does not limit, the type of provision that may be made by an OCPO.
(2) Examples of prohibitions, restrictions or requirements that may be imposed on a person who is an individual (including a partner in a partnership) by an OCPO include prohibitions or restrictions on, or requirements in relation to all or any of the following:(a)
an individual’s financial, property or business dealings or holdings;
(b)
an individual’s working arrangements;
(c)
the means by which an individual communicates or associates with others, or the persons with whom the individual communicates or associates;
(d)
the premises to which an individual has access;
(e)
the use of any premises or item by an individual;
(f)
an individual’s travel (whether within Singapore, between Singapore and other places or otherwise).
(3) Examples of prohibitions, restrictions or requirements that may be imposed on a person that is a body corporate, partnership, limited liability partnership or unincorporated association by an OCPO include prohibitions or restrictions on, or requirements in relation to all or any of the following:(a)
the financial, property or business dealings or holdings of the person;
(b)
the types of agreements to which the person may be a party;
(c)
the provision of goods or services by the person;
(d)
the premises to which the persons referred to in section 18(1)(b) to (f) have access;
(e)
the use of any premises or item by the person;
(f)
the employment of staff by the person.
(4) Examples of requirements that may be imposed on any person (whether an individual, body corporate, partnership, limited liability partnership or unincorporated association) by an OCPO include —(a)
a requirement on a person to answer questions, or provide information, specified or described in an OCPO —(i)
at a time, within a period or at a frequency;
(ii)
at a place;
(iii)
in a form and manner; and
(iv)
to a law enforcement officer,
notified to the person by a law enforcement officer specified in the OCPO; or
(b)
a requirement on a person to produce documents specified or described in an OCPO —(i)
at a time, within a period or at a frequency;
(ii)
at a place;
(iii)
in a manner; and
(iv)
to a law enforcement officer,
notified to the person by a law enforcement officer specified in the OCPO.
(5) The prohibitions, restrictions or requirements that may be imposed on an individual by an OCPO include prohibitions, restrictions or requirements in relation to an individual’s private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside).
(6) Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.
Division 3 — Duration and nature of OCPO
Duration of OCPO
17.—(1) An OCPO must specify when it is to come into force and when it is to cease to be in force.
(2) An OCPO is not to be in force for more than 5 years beginning with the coming into force of the OCPO.
(3) An OCPO may specify different times for the coming into force, or ceasing to be in force, of different provisions of the OCPO.
(4) Where an OCPO specifies different times in accordance with subsection (3), the OCPO —(a)
must specify when each provision is to come into force and cease to be in force; and
(b)
is not to be in force for more than 5 years beginning with the coming into force of the first provision of the OCPO to come into force.
(5) The fact that an OCPO, or any provision of an OCPO, ceases to be in force does not prevent the court which first made the OCPO from making a new OCPO to the same or similar effect.
(6) A new OCPO may be made in anticipation of an earlier OCPO or provision ceasing to be in force.
Persons against whom OCPO may be made
18.—(1) An OCPO may be made against —(a)
an individual, body corporate, partnership, limited liability partnership or unincorporated association;
(b)
an officer or employee of a body corporate or any other person associated with a body corporate;
(c)
a particular partner of a partnership or limited liability partnership;
(d)
a senior officer or employee of a partnership or any other person associated with a partnership;
(e)
a manager or employee of a limited liability partnership, or any other person associated with a limited liability partnership; or
(f)
a member, officer or employee of an unincorporated association, or any other person associated with an unincorporated association.
(2) An OCPO against a partnership must be made in the name of the partnership (and not in that of any of the partners).
(3) An OCPO made in the name of a partnership continues to have effect despite a change of partners but only if at least one of the persons who was a partner before the change remains a partner after the change.
(4) Proceedings for an offence under section 26 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
(5) A fine imposed on a partnership on its conviction for an offence under section 26 is to be paid out of the partnership assets.
(6) An OCPO made against an unincorporated association must be made in the name of the association (and not in that of any of its members).
(7) An OCPO made in the name of an unincorporated association continues to have effect despite a change in the membership of the association but only if at least one of the persons who was a member of the association before the change remains a member after the change.
(8) Proceedings for an offence under section 26 alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
(9) A fine imposed on an unincorporated association on its conviction for an offence under section 26 is to be paid out of the funds of the association.
(10) In this section —“officer of an unincorporated association” means any officer of an unincorporated association or any member of its governing body;
“partnership” does not include a limited liability partnership;
“senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where the business is carried on;
“unincorporated association” means any body of persons unincorporate but does not include a partnership.
Electronic monitoring of individual subject to OCPO
19.—(1) Subject to subsection (2), an OCPO may in addition include requirements for securing the electronic monitoring (by means of an electronic monitoring device) of the whereabouts of the individual subject to the OCPO during the period when the OCPO is in force against the individual.
(2) A court must not make an OCPO which includes the requirements mentioned in subsection (1) unless the court is satisfied that electronic monitoring arrangements can be made by a law enforcement officer specified in the OCPO.
(3) Electronic monitoring arrangements made under this section may include entering into contracts with other persons for the electronic monitoring (by means of an electronic monitoring device) by them of the whereabouts of the individual subject to an OCPO.
Compliance with orders: authorised monitors
20.—(1) An OCPO against a body corporate, partnership, limited liability partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with —(a)
a specified person; or
(b)
any person who falls within a specified description of persons,
to perform specified monitoring services or monitoring services of a specified description.
(2) A person with whom the law enforcement agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor.
(3) An OCPO which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 16(4) as if the references in that provision to a law enforcement officer included references to an authorised monitor.
(4) A law enforcement agency must inform the subject of an OCPO which provides for an authorised monitor of the name of, and an address for, any person with whom the agency has entered into arrangements in accordance with the authorisation in the OCPO.
(5) Nothing in this section affects the ability of law enforcement agencies to enter into arrangements otherwise than in accordance with an authorisation under this section.
(6) In this section —“monitoring services” means —(a)
analysing some or all information received in accordance with an OCPO;
(b)
reporting to a law enforcement officer as to whether, on the basis of the information and any other information analysed for this purpose, the subject of the OCPO appears to be complying with the OCPO or any part of it; and
(c)
any related services;
“specified”, in relation to an OCPO, means specified in the OCPO.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
