Powers of law enforcement officers to retain documents
Open ↗24.—(1) A law enforcement officer may —(a)
take and retain copies of, or extracts from, any document produced to a law enforcement officer pursuant to an OCPO or FRO; and
(b)
retain any document so produced for as long as he or she considers that it is necessary to retain the document (rather than any copy of it) for the purposes for which the document was obtained.
(2) A law enforcement officer may retain any document produced to him or her pursuant to an OCPO or FRO until the conclusion of any legal proceedings if he or she has reasonable grounds for believing that the document —(a)
may have to be produced for the purposes of those proceedings; and
(b)
might be unavailable unless retained.
Verification and disclosure of OCPO and FRO
Open ↗25.—(1) In this section, “the specified person” means —(a)
in relation to an OCPO, the law enforcement officer specified in the OCPO who receives any answer or information from the person who is subject to the OCPO; and
(b)
in relation to an FRO, the person to whom reports under the FRO are to be made.
(2) The specified person may, for the purpose of doing either of the things mentioned in subsection (4) —(a)
in relation to an OCPO, disclose any answer or information to any person who the specified person reasonably believes may be able to contribute to doing either of those things; and
(b)
in relation to an FRO, disclose a report to any person who the specified person reasonably believes may be able to contribute to doing either of those things.
(3) Any other person may disclose information to —(a)
the specified person; or
(b)
a person to whom the specified person has disclosed a report,
for the purpose of contributing to doing either of the things mentioned in subsection (4).
(4) In subsections (2) and (3), the things mentioned are —(a)
checking the accuracy of the answer, information or report, or of any other report made pursuant to the same order; or
(b)
discovering the true position.
(5) The specified person may also disclose any answer, information, or report for the purposes of the prevention, detection, investigation or prosecution of offences in Singapore.
(6) A disclosure under this section does not breach —(a)
any obligation of confidence owed by the person making the disclosure; or
(b)
any other restriction however imposed (other than a restriction imposed under any written law) on the disclosure of information.
(7) In this section, references to a report include any of its contents, any document included with the report, or any of the contents of such a document.
Division 2 — Failure to comply with OCPO or FRO
Failure to comply with OCPO or FRO
Open ↗26.—(1) A person must not, without reasonable excuse, fail to comply with an OCPO or FRO.
(2) Despite anything in the Criminal Procedure Code 2010, a person is not excused from complying with an OCPO or FRO on the ground that the supply of any information might tend to incriminate the person or make the person liable to a penalty.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or
(b)
in any other case, to a fine not exceeding $20,000.
(4) In proceedings for an offence under this section, a copy of the original OCPO or FRO or any variation of it, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.
(5) A person who, without reasonable excuse, includes false or misleading information pursuant to any requirement to provide information specified or described in an OCPO or FRO shall be guilty of an offence and shall be liable on conviction —(a)
in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or
(b)
in any other case, to a fine not exceeding $20,000.
Division 3 — General safeguards in relation to OCPO or FRO
Any individual must be 16 or older
Open ↗27. An OCPO or FRO must not be made against an individual who, at the time the OCPO or FRO is made, is below 16 years of age.
Right of third parties to make representations
Open ↗28.—(1) A court must, before making an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the making of the OCPO or FRO if it considers that the making of the OCPO or FRO would be likely to have a significant adverse effect on that person.
(2) A court must, before varying an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the variation of the OCPO or FRO if it considers that —(a)
the variation of the OCPO or FRO; or
(b)
a decision not to vary it,
would be likely to have a significant adverse effect on that person.
(3) A court must, before discharging an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the discharge of the OCPO or FRO if it considers that —(a)
the discharge of the OCPO or FRO; or
(b)
a decision not to discharge it,
would be likely to have a significant adverse effect on that person.
(4) A court which is considering an appeal in relation to an OCPO or FRO must, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.
(5) Rules of Court may provide for the manner in which any application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Notice requirements in relation to OCPO or FRO
Open ↗29.—(1) The subject of an OCPO or FRO is bound by it, or a variation of it, only if —(a)
he or she is represented (whether in person or otherwise) at the proceedings at which the OCPO or FRO or (as the case may be) the variation is made; or
(b)
a notice setting out the terms of the OCPO or FRO or (as the case may be) the variation has been served on him or her.
(2) The notice to be served on an individual must, as far as is reasonably practicable, be served by delivering it personally to that individual.
(3) A notice to be served on a body corporate or limited liability partnership must, as far as is reasonably practicable, be served by delivering it to the director, manager or secretary, or other similar officer of the body corporate or limited liability partnership, at its registered office or principal place of business, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership.
(4) A notice to be served on a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served by delivering it to any one of the partners or the secretary, or other similar officer of the partnership, at its registered office or principal place of business, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership.
(5) A notice to be served on an unincorporated association must, as far as is reasonably practicable, be served by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association, and if service cannot be effected by that mode, the notice may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association.
(6) Despite subsections (2) to (5), a notice may be served in any manner if any of the following persons (as the case may be) consents to the mode of service:(a)
the person on whom the notice is to be served;
(b)
the director, manager or secretary or other similar officer of a body corporate or limited liability partnership on whom the notice is to be served;
(c)
any of the partners or the secretary or other similar officer of a partnership (other than a limited liability partnership) on whom the notice is to be served;
(d)
the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the notice is to be served.
(7) Where a notice is to be served on a person who cannot, by the exercise of due diligence, be found, the notice may be served by leaving a copy of the notice for the person with an adult member of the person’s family or with the person’s employee residing with the person.
(8) Where a notice is to be served on a person who cannot, by the exercise of due diligence, be found, and the notice cannot be effected in accordance with subsection (7), the serving officer must affix a copy of the notice to a conspicuous part of the place in which the person to be served with the notice ordinarily resides, and in that case, the notice, if the court so directs before or after the affixing, is deemed to have been duly served.
Restrictions relating to other written law, etc.
Open ↗30. Except as provided in section 26(2), an OCPO or FRO must not require a person to answer any question, provide any information or produce any document if —(a)
the disclosure concerned is prohibited under any other written law; or
(b)
the information or document is an item subject to legal privilege.
Restrictions on use of information obtained
Open ↗31. A statement made by a person in response to a requirement imposed by an OCPO or FRO must not be used in evidence against the person in any criminal proceedings unless the statement —(a)
is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act 1893; or
(b)
is used in proceedings for an offence under section 26.
Division 4 — Variation and discharge of OCPO or FRO
Variation of OCPO or FRO
Open ↗32.—(1) An application for the variation of an OCPO or FRO under this section may be made by the following persons to the court which first made the OCPO or FRO:(a)
the Public Prosecutor;
(b)
the person who is the subject of the OCPO or FRO;
(c)
any other person.
(2) A court may, on an application under this section by the Public Prosecutor, vary an OCPO or FRO if it has reasonable grounds to believe that the terms of the OCPO or FRO as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the OCPO or FRO, in a Part 2 offence, or a serious offence associated with an organised criminal group.
(3) Where an application is made under subsection (1), any term of the OCPO or FRO in relation to which the variation is applied for continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court.
(4) The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.
(5) The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that —(a)
the person is adversely affected by the OCPO or FRO significantly;
(b)
condition A or B as specified in subsection (6) or (7), respectively, is met; and
(c)
the application is not for the purpose of making the OCPO or FRO more onerous on the person who is the subject of it.
(6) Condition A is that —(a)
the person falling within subsection (1)(c) —(i)
has, on an application under section 28, been given an opportunity to make representations; or
(ii)
has made an application otherwise than under that section in relation to the OCPO or FRO; and
(b)
there has been a material change of circumstances affecting the OCPO or FRO.
(7) Condition B is that —(a)
the person falling within subsection (1)(c) has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and
(b)
it was reasonable in all the circumstances for the person not to have done so.
(8) A variation on an application by the Public Prosecutor may include an extension of the period during which the OCPO or FRO, or any provision of it, is in force (subject to the original limits imposed on the OCPO or FRO by sections 17 and 22, respectively).
(9) Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Discharge of OCPO or FRO
Open ↗33.—(1) An application for the discharge of an OCPO or FRO may be made by the following persons to the court which first made the OCPO or FRO:(a)
the Public Prosecutor;
(b)
the person who is the subject of the OCPO or FRO;
(c)
any other person.
(2) Where an application is made under subsection (1) in relation to an OCPO or FRO, the OCPO or FRO continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court which first made the OCPO or FRO.
(3) The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.
(4) The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that —(a)
the person is adversely affected by the OCPO or FRO significantly; and
(b)
condition A or B as specified in subsection (5) or (6), respectively, is met.
(5) Condition A is that —(a)
the person, in earlier proceedings in relation to the OCPO or FRO —(i)
has, on an application under section 28, been given an opportunity to make representations; or
(ii)
has made an application otherwise than under that section in relation to the OCPO or FRO; and
(b)
there has been a material change of circumstances affecting the OCPO or FRO.
(6) Condition B is that —(a)
the person has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and
(b)
it was reasonable in all the circumstances for the person not to have done so.
(7) Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Right of appeal from General Division of High Court or State Court
Open ↗34.—(1) An appeal may be made to the Court of Appeal or General Division of the High Court in relation to a decision of the General Division of the High Court, or of a District Court or Magistrate’s Court, respectively —(a)
to make, or not to make, an OCPO or FRO;
(b)
to include, or not to include, any provision in an OCPO or FRO;
(c)
to vary, or not to vary, all or any of the provisions in an OCPO or FRO; or
(d)
to discharge, or not to discharge, an OCPO or FRO,
by any of the relevant parties, or any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 28(1), (2) or (3), as the case may be.
[40/2019]
(2) Where an appeal is made under subsection (1), an OCPO or FRO continues to have effect from the time it is made despite the appeal, and only ceases to have effect if the appeal is allowed by the Court of Appeal or General Division of the High Court, as the case may be.[40/2019]
(3) Rules of Court may provide for the manner in which an appeal under subsection (1) may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
(4) Division 1 of Part 20 to the Criminal Procedure Code 2010 applies to an appeal by the person referred to in subsection (1) in relation to an OCPO or FRO made under section 15(2) or 21(2), respectively.
Division 6 — Supplementary
Acquittal or pardon does not impact on subsequent making of OCPO or FRO
Open ↗35.—(1) An application for an OCPO or FRO may be made under section 15(1) or 21(1) even after a person —(a)
is acquitted of a Part 2 offence, or 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; or
(b)
is convicted of a Part 2 offence, or 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, and the person is subsequently acquitted pursuant to an appeal against the conviction, or is granted a pardon by the President in respect of the conviction.
(2) An OCPO or FRO made under section 15(2) or 21(2) ceases to have effect if the person subject to the OCPO or FRO —(a)
is subsequently acquitted pursuant to an appeal against the conviction; or
(b)
is granted a pardon by the President in respect of the conviction.
Transfer of case to trial court to make OCPO or FRO upon conviction on appeal
Open ↗36.—(1) Where —(a)
a person (A) is acquitted of a Part 2 offence, or 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;
(b)
upon an appeal against the acquittal, A is subsequently convicted by an appellate court; and
(c)
the Public Prosecutor informs the appellate court that the Public Prosecutor intends to make an application for an OCPO or FRO against A,
the appellate court which convicted A may order the case to be transferred to the trial court for the application to be made.
(2) Where any case is transferred to the trial court under subsection (1), any application for an OCPO or FRO to the trial court in relation to A is deemed to be an application made under section 15(2) or 21(2), respectively.
Evidence obtained in investigations may be used in proceedings for OCPO or FRO
Open ↗37. To avoid doubt, any book, document, statement or other information obtained in the exercise of any power under this Act or any other written law is not inadmissible in any proceedings relating to an OCPO or FRO by reason only that it was first obtained in the exercise of that power; and the admissibility of such matter is to be determined in accordance with the rules of evidence under any written law and any relevant rules of law.
Disclosure of information in accordance with orders
Open ↗38. A person who complies with a requirement imposed by an OCPO or FRO to answer questions, provide information or produce documents, does not breach —(a)
any obligation of confidence; or
(b)
any other restriction however imposed (other than a restriction imposed under any written law) on making the disclosure concerned.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
