Division 1 — Temporary restraining orders
Power to control individuals temporarily
29.—(1) Where the Commissioner is of the opinion —(a)
that an individual has been recently concerned in acts (whether in or outside of a target area of a special authorisation) —(i)
involving or likely to cause or provoke a breach of the peace in the target area of the special authorisation;
(ii)
likely to hinder the exercise of special powers under a special authorisation in the target area of the special authorisation; or
(iii)
in the preparation or instigation of acts mentioned in sub‑paragraph (i) or (ii); or
(b)
that, by reason of the individual’s associations with any persons concerned in any acts mentioned in paragraph (a)(i), (ii) or (iii) or by reason of the individual’s words or conduct, the individual is likely to be concerned in such acts,
and that it is necessary to exercise temporary control over such an individual when the special authorisation is in effect, the Commissioner may make a temporary restraining order against the individual.
(2) A temporary restraining order against an individual and any variation of it —(a)
must be in writing and given to the individual concerned; and
(b)
takes effect when the order or variation of it is given to that individual, except as otherwise provided in section 49.
(3) A temporary restraining order against an individual which is made when a special authorisation is in effect —(a)
may be revoked or varied at any time by the Commissioner in writing; and
(b)
lapses when the special authorisation expires,
and the Commissioner must give notice, or cause the giving of notice, of the revocation, variation or lapse in the same manner in which the temporary restraining order was first given to the individual concerned.
(4) A temporary restraining order against an individual which is made when a special authorisation is in effect may require the individual to do all or any of the following:(a)
not to enter the target area of the special authorisation;
(b)
to immediately leave the target area of the special authorisation;
(c)
to stay at or in (during such times specified in the order) a particular premises in or outside of the target area and to leave the premises only with a police officer’s permission;
(d)
to notify a police officer at the place and in the manner specified in the order of the individual’s place of residence and any change to it;
(e)
to report to a police officer at the times and dates and in the manner specified in the order;
(f)
to enter into a bond for such amount with such sureties as may be specified for the individual’s good behaviour or for due compliance with the requirements of the order.
(5) An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with any requirement of a temporary restraining order.
(6) An individual who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(7) To avoid doubt, it is not necessary for the Commissioner to give any person who may be affected by a temporary restraining order, or a variation of such an order, a chance to be heard before the order or variation is made.
Division 2 — Stopping communications
Communications stop orders
30.—(1) Subject to subsection (2), the Commissioner may, after granting a special authorisation, make a communications stop order which bans one or both of the following during the period specified in the order:(a)
the making by any person (except an excluded person) of a relevant film or picture;
(b)
the exhibiting and communicating by any person (except an excluded person) of a relevant film or picture or a relevant text or audio message.
(2) The Commissioner may make a communications stop order only —(a)
during the period a special authorisation (which is granted in relation to a serious incident or threatened serious incident) is in effect; and
(b)
if, in the Commissioner’s opinion, exhibiting or communicating (whether or not to the public) a relevant film or picture or a relevant text or audio message during the period the special authorisation is in effect —(i)
prejudices the effective conduct of an ongoing law enforcement activity relating to the serious incident or threatened serious incident; or
(ii)
endangers the safety of the public or any law enforcement officer during an ongoing law enforcement activity relating to the serious incident or threatened serious incident.
(3) A communications stop order must —(a)
describe the ban on —(i)
the making or exhibiting and communicating of a relevant film or picture by any person; or
(ii)
the exhibiting and communicating of a relevant text or audio message by any person;
(b)
state the period the ban under the order starts; and
(c)
the target area of the special authorisation to which the order relates.
(4) The Commissioner must cause notice of every communications stop order made to be given to persons who, in the Commissioner’s opinion, ought to have notice of the order.
(5) Without limiting subsection (4), notice of the making of a communications stop order to the public 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 electronically;
(d)
by causing it to be published in such other manner as the Commissioner considers will secure adequate publicity for the granting of the order.
(6) A communications stop order may be revoked at any time by the Commissioner; and the Commissioner must give notice, or cause the giving of notice, of the revocation in the same manner in which the communications stop order was first given.
(7) Despite subsection (6), a communications stop order ceases to have effect when the special authorisation in relation to which the order was made ceases to have effect; and the Commissioner must give notice, or cause the giving of notice, of the cessation in the same manner in which the communications stop order was first given.
(8) In subsection (1) and sections 31 and 44, “excluded person” means —(a)
a police officer;
(b)
a law enforcement officer authorised by the Commissioner for the purpose of this section; or
(c)
any other person who is specified in a communications stop order to be an excluded person for the purpose of this section.
Power to stop communications, etc.
31.—(1) Upon the giving of a notice under section 30(4) of a communications stop order made because of a special authorisation, a police officer may exercise all or any of the powers in subsection (2) in relation to any person or group of persons (none of whom are excluded persons), whether in or outside the target area of the special authorisation if, in the police officer’s opinion the person or group of persons —(a)
is making, has made or is about to make a relevant film or picture; or
(b)
is exhibiting or communicating, or is about to exhibit or communicate a relevant film or picture or a relevant text or audio message.
(2) A police officer may direct a person or group of persons mentioned in subsection (1) to do one or more of the following:(a)
to immediately stop making, exhibiting or communicating the relevant film or picture or relevant text or audio message;
(b)
to immediately delete, erase or otherwise destroy the relevant film or picture or relevant text or audio message;
(c)
to immediately surrender the relevant film or picture or the relevant text or audio message, or any equipment or device on which it is recorded, to the police officer;
(d)
to provide the police officer with information about the person or persons to whom the relevant film or picture or the relevant text or audio message has been communicated or how or from whom the relevant film or picture or the relevant text or audio message was acquired or received.
(3) A direction under this section may be given orally, and if an oral direction is given by a police officer to a group of individuals, it is deemed to have been given to each member of the group if the oral direction is made in a manner that is likely to be audible to all the members of the group or as many of them as reasonably practicable.
(4) A person directed by a police officer under this section commits an offence if the person, without reasonable excuse, refuses or fails to comply with the direction of the police officer when required to do so.
(5) A person who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Division 3 — Discontinuing telecommunication service
Directions to discontinue telecommunication services
32.—(1) The Minister may, at any time upon or after making an activation order and when the activation order is in effect, give a direction in writing under this section, individually or as a class, to any telecommunication licensee within the meaning of the Telecommunications Act 1999 (called in this Part a telecommunication licensee).
(2) A direction under this section may require the telecommunication licensee to whom the direction is given to take a specific action, or stop taking a specific action, during the period an activation order relating to a serious incident or threatened serious incident is in effect —(a)
to prevent or avoid prejudicing the effective conduct of an ongoing law enforcement activity relating to the serious incident or threatened serious incident; or
(b)
to avoid or prevent endangering the safety of the public, or any law enforcement officer or serviceman during an ongoing law enforcement activity relating to the serious incident or threatened serious incident, by the provision of a telecommunication service about the serious incident or threatened serious incident.
(3) Without limiting subsection (2), a direction under this section to a telecommunication licensee may include —(a)
stopping messages carried by a telecommunication service provided by the telecommunication licensee;
(b)
prohibiting or restricting the provision, by the telecommunication licensee, of all or any telecommunication services and in such circumstances as specified in the direction; or
(c)
prohibiting or restricting the use of telecommunications by the telecommunication licensee in all cases or of such cases as may be considered necessary.
(4) However, nothing in this section authorises the giving of any direction prohibiting the use of any telecommunications for the purpose of making or answering signals of distress.
(5) In making a direction under this section, it is not necessary for the Minister to give any person who may be affected by the direction a chance to be heard before the direction is given.
General provisions about section 32 direction
33.—(1) A direction under section 32 is binding on the telecommunication licensee it is given to.
(2) A direction under section 32 which is made upon or after the making of an activation order takes effect when it is given, and continues in force until the earliest of the following occurs:(a)
the expiry date (if any) stated in the direction is reached;
(b)
the Minister revokes the direction;
(c)
the activation order ceases to have effect.
(3) A direction under section 32 which is made upon or after the making of an activation order may —(a)
be amended or revoked at any time; and
(b)
be extended or renewed, if the Minister is satisfied that the circumstances warrant it, but not beyond the time the activation order ceases to have effect.
(4) If satisfied that a direction under section 32 has been complied with, the Minister must revoke the direction and give written notice of the revocation in the same manner in which the direction was given or served.
(5) Subsection (4) does not prevent a further direction being made under section 32 in the same terms as a direction that has expired.
(6) A direction under section 32 is sufficiently served as follows:(a)
for a direction that is addressed to a telecommunication licensee — if it is given in the manner prescribed in section 52;
(b)
for a direction that is addressed to a class of telecommunication licensees — if it is served on each of the licensees in the class in accordance with paragraph (a).
(7) A direction under section 32 that is served —(a)
in accordance with subsection (6)(a) takes effect when it is served; or
(b)
in accordance with subsection (6)(b) takes effect when it is served on all the persons in the class in question.
Obligations of addressee, etc., of section 32 direction
34.—(1) A telecommunication licensee to whom the direction under section 32 is given must give effect to the direction despite any other duty imposed on the licensee by or under any other written law.
(2) Any telecommunication licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) A telecommunication licensee to whom the direction under section 32 is given, and an employee or a contractor of such a telecommunication licensee, must not, without reasonable excuse, disclose the receipt by the telecommunication licensee of the direction or the contents of any such direction if the Minister notifies the telecommunication licensee that the Minister is of the opinion that the disclosure of the direction is against the public interest.
(4) Any telecommunication licensee, or any employee or contractor of a telecommunication licensee, who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(5) Where a telecommunication licensee is given a direction under section 32, a person must not —(a)
without reasonable excuse, refuse the telecommunication licensee, or an employee or a contractor of such a telecommunication licensee, entry to any premises in the execution of the duty imposed on subsection (1) on that licensee; or
(b)
intentionally in any way obstruct or hinder the telecommunication licensee, or an employee or a contractor of such a telecommunication licensee, in the execution of the duty imposed on subsection (1) on that licensee.
(6) A person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Division 4 — Requisition powers
Powers of requisition
35.—(1) Subject to subsections (2) and (8), the Commissioner may, at any time after granting a special authorisation and during the period the special authorisation has effect, by requisition order —(a)
authorise any police officer given the requisition order to do one or both of the following:(i)
to take possession of any land or premises in the target area of the special authorisation;
(ii)
to requisition any movable property in the target area of the special authorisation; and
(b)
give such directions to the police officer as appear to the Commissioner to be necessary or expedient for the taking and maintaining possession of the land or premises or the requisitioning of the movable property (as the case may be) for the purpose of the exercise by the police officer of any special power.
(2) The Commissioner may make a requisition order only —(a)
during the period a special authorisation (which is granted in relation to a serious incident or threatened serious incident) is in effect; and
(b)
if, in the Commissioner’s opinion, a requisition order is necessary to substantially assist in —(i)
the exercise of any special power in the target area of the special authorisation;
(ii)
preventing the occurrence of the serious incident;
(iii)
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 target area; or
(iv)
controlling public disorder or restoring or maintaining public order in the target area.
(3) A requisition order —(a)
may be revoked at any time by the Commissioner; and
(b)
ceases to have effect when the special authorisation which the order was made in relation to ceases to have effect.
(4) A police officer may, pursuant to a requisition order, take such steps and use such force as appears to the police officer to be reasonably necessary for securing compliance with the order and any direction given under subsection (1).
(5) Without limiting subsection (4), a police officer may, pursuant to a requisition order, do all or any of the following:(a)
break open, enter forcibly and remain on any land or premises the taking of possession of which has been authorised under the requisition order;
(b)
evict forcibly from that land or premises mentioned in paragraph (a) any individual that the Commissioner specifies in the requisition order;
(c)
use any equipment, electricity, water or other utilities on the land or premises, for the purpose of the exercise by the police officer of any other special power;
(d)
require any movable property requisitioned, or any space or accommodation in any land or premises mentioned in paragraph (a), to be placed at the officer’s disposal;
(e)
prohibit the disposal by a person given the requisition order of any movable property requisitioned under the requisition order.
(6) A person commits an offence if the person —(a)
intentionally in any way obstructs or hinders a police officer in the exercise of any power or execution of the duty under subsection (4) or (5)(a), (b) or (c); or
(b)
without reasonable excuse, refuses or fails to comply with a requirement or prohibition under subsection (5)(d) or (e).
(7) A person who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(8) However, this section does not authorise the making of a requisition order in respect of any of the following without the prior approval of the Minister:(a)
any vessel of more than 100 tons gross tonnage;
(b)
any aircraft which is not an unmanned aircraft;
(c)
any rolling stock of a railway administration within the meaning of the Railways Act 1905.
Compensation for requisition
36.—(1) Where, in the exercise of the powers conferred by section 35, possession is taken of any land or premises or any movable property is requisitioned, compensation in respect of the taking of such possession or requisition is payable in accordance with the Requisition of Resources Act 1985 as if the competent authority under that Act took possession of or requisitioned that land, premises or movable property, as the case may be.
(2) No action, claim or proceedings shall lie or be brought against the Government or a police officer —(a)
to restrain the doing of anything which is authorised by or under section 35 or to compel the doing of anything which may be omitted to be done under section 35; or
(b)
to recover damages, compensation or costs for any damage or injury to a person or property, any disturbance to or loss of or in the value of any property, trade or business, or personal disturbance or inconvenience, caused by or consequent upon any act authorised by section 35, except according to the compensation provided for by this section.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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