Special authorisation by Commissioner
11.—(1) Where the Commissioner is given an activation order because of a serious incident or threatened serious incident in an area or place in Singapore, the Commissioner may, during the period the activation order has effect, grant in accordance with this Part a special authorisation to a police officer for the exercise by the officer of special powers as will substantially assist in all or any of the following:(a)
preventing the occurrence of the serious incident;
(b)
reducing the impact of the serious incident, or the threatened serious incident, on the health or safety of the public or on property in the area or place;
(c)
controlling public disorder or restoring or maintaining public order after the occurrence of the serious incident;
(d)
apprehending the persons responsible for the serious incident;
(e)
preserving the evidence of, or relating to, the serious incident;
(f)
supporting the necessary recovery process for the community in the aftermath of the serious incident;
(g)
facilitating the activities of emergency service agencies responding to the serious incident.
(2) In granting a special authorisation under this Part, it is not necessary for the Commissioner to give any person who may be affected by the special authorisation a chance to be heard before the authorisation is granted.
Contents of special authorisation
12.—(1) A special authorisation must —(a)
describe the general nature of the serious incident or threatened serious incident to which the authorisation applies;
(b)
specify the period or periods during which the authorisation has effect;
(c)
specify which of the special powers may be exercised under the authorisation, but subject to section 15(4); and
(d)
authorise the exercise of the special powers specified under paragraph (c) in relation to all or any of the following:(i)
a particular individual or person named or described in the authorisation (called in this Act a target person of the special authorisation);
(ii)
a particular vehicle, or a vehicle of a particular kind, described in the authorisation (called in this Act a target vehicle of the special authorisation);
(iii)
a particular area described in the authorisation (called in this Act a target area of the special authorisation).
(2) A special authorisation granted to a police officer may also confer power on the police officer to direct another police officer to exercise the special powers specified in the special authorisation under subsection (1)(c).
How special authorisation to be given
13.—(1) A special authorisation by the Commissioner must be in writing, or be confirmed in writing as soon as practicable after being given orally.
(2) The Commissioner must cause notice of every special authorisation the Commissioner grants to be given —(a)
to every police officer authorised to exercise the special powers specified in that authorisation; and
(b)
to any other person who, in the Commissioner’s opinion, ought to have notice of the authorisation.
(3) Without limiting subsection (2)(b), notice to the public of the granting of a special authorisation may be given in all or any of the following ways: (a)
by causing it to be published in the daily newspapers circulating in Singapore in all the official languages;
(b)
by causing it to be broadcast over the radio and television and in the manner prescribed, if any;
(c)
by causing it to be published in any other manner that the Commissioner considers will secure adequate publicity for the granting of the special authorisation.
(4) A special authorisation may be revoked at any time by the Commissioner by instrument in writing; and the Commissioner must give notice, or cause the giving of notice, of the revocation in the same manner in which the special authorisation was first given.
(5) To avoid doubt, the non‑publication of any notice of the granting of a special authorisation or its revocation in the manner described in subsection (3) or (4) does not affect the validity of the special authorisation or revocation, as the case may be.
How long does special authorisation have effect
14.—(1) Subject to subsection (2) or a revocation under section 13(4) by the Commissioner, a special authorisation has effect during the period —(a)
starting when it is granted, or at any later time that is specified in the authorisation; and
(b)
ending at the time specified in that authorisation.
(2) The period that a special authorisation which is granted because an activation order has effect must not in any case exceed the period the activation order has effect.
(3) However, the cessation of a special authorisation having effect (whether or not by revocation) does not prevent a further special authorisation being granted by the Commissioner if the Commissioner is satisfied that the circumstances warrant it under section 11 and an activation order is in effect.
Who may exercise powers under special authorisation
15.—(1) A special power specified in a special authorisation may be exercised by any of the following who is granted the special authorisation:(a)
a police officer when he or she is in uniform;
(b)
a police officer when not in uniform only after he or she produces a warrant identifying himself or herself as a police officer.
(2) To avoid doubt, a police officer may exercise a special power specified in a special authorisation whether or not he or she has received a hardcopy of the special authorisation.
(3) Subject to subsection (4), a special power specified in a special authorisation may also be exercised by —(a)
any law enforcement officer acting on the direction and in aid of the police officer granted the special authorisation; or
(b)
an individual (who is not a serviceman) acting on the direction and in aid of the police officer granted the special authorisation (called in this Act a civilian assistant),
and a reference in Part 4 or 5 to a police officer acting pursuant to a special authorisation includes such a law enforcement officer or a civilian assistant acting under the police officer’s direction.
(4) This section —(a)
only authorises a civilian assistant to exercise a special power specified in section 18, 19(1) or (2), 20(1) or (2), 24 or 27(1)(a) or (b) in aid of a police officer exercising that special power; and
(b)
does not authorise a civilian assistant to use lethal force when exercising any special power in aid of a police officer.
(5) An individual who is authorised under subsection (3)(a) or (b) to exercise a special power in aid of a police officer must obey all lawful directions (general or specific) of that police officer when exercising that power; but the individual —(a)
does not cease to be acting on the direction of a police officer by reason only that that police officer is not present at all times when the individual exercises the special power; and
(b)
is not to be regarded as a member of the police force for the purposes of section 14 of the Government Proceedings Act 1956.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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