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Provoking breach of peace
37.—(1) A person commits an offence if the person, within the area which is the target of a special authorisation — (a) uses any threatening, abusive or insulting words; or (b) engages in any conduct or behaviour, with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 3 years.
Publishing matter prejudicial to public order
38.—(1) A person commits an offence if the person, during the period a special authorisation has effect, prints, publishes, sells, offers for sale, distributes or reproduces for distribution or imports, or have in the person’s possession, any document containing any matter which —(a) is likely to be prejudicial to controlling public disorder or restoring or maintaining public order in a target area of a special authorisation or in any other part of Singapore; (b) advocates or is likely to lead to disobedience to any written law or to any lawful order made under such written law or to the obstruction of public officers in the execution of their duty to restore or maintain public order; (c) incites or is likely to cause unlawful violence or to promote feelings of ill will or hostility between different races or classes of the population of Singapore; or (d) is likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of the public servant’s duty or against any class of public servants, or against any armed force lawfully in Singapore or any member of such force in the execution of the member’s duty. (2) In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the document contained any matter described in subsection (1)(a), (b), (c) or (d). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 3 years. (4) In this section, “document” includes any thing in which information of any description is recorded, whether in electronic or other form.
Using offensive weapons, etc.
39.—(1) A person commits an offence if the person, within a target area of a special authorisation —(a) uses any offensive weapon for or in furtherance of an unlawful purpose; (b) causes by any explosive substance an explosion of a nature likely to endanger life or cause serious injury to the person or any other person or damage to property, for or in furtherance of an unlawful purpose; or (c) uses any corrosive or inflammable substance in a manner likely to endanger life or cause serious injury to the person or any other person or damage to property, for or in furtherance of an unlawful purpose. (2) In proceedings for an offence under subsection (1), it is irrelevant whether any injury or damage to property is actually caused or not. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 10 years and shall also be liable to caning.
Consorting with section 39 offender
40.—(1) A person commits an offence if the person —(a) is within the target area of a special authorisation; (b) is consorting with or is found in the company of another person who — (i) is committing or attempting to commit or is doing any act preparatory to the commission of an offence under section 39; or (ii) has recently committed or attempted to commit that offence or done that act; and (c) is found in circumstances which raise a reasonable presumption that the person intends or is about to act, or has recently acted with the other person in paragraph (b), in any manner prejudicial to controlling public disorder or restoring or maintaining of public order in the target area of a special authorisation. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 7 years and shall also be liable to caning.
Carrying, etc., offensive weapon in target area
41.—(1) A person commits an offence if the person —(a) is carrying or has in the person’s possession or under the person’s control any offensive weapon, other than for a lawful purpose; and (b) is within the target area of a special authorisation. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to caning. (3) A person commits an offence if the person —(a) is carrying or has in the person’s possession or under the person’s control any offensive weapon; and (b) is found within the target area of a special authorisation in circumstances which raise a reasonable presumption that the offensive weapon is intended to be used for a purpose prejudicial to controlling public disorder or restoring or maintaining of public order. (4) A person who is guilty of an offence under subsection (3) shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to caning. (5) In proceedings for an offence under subsection (3), it is a defence if the accused proves on a balance of probabilities that the accused possessed the offensive weapon solely for a lawful purpose. (6) Where any offensive weapon is found in or on any premises, the occupier of the premises is taken to be in possession of the offensive weapon unless the occupier proves —(a) that some other person was in possession of the offensive weapon; or (b) that the occupier — (i) had no knowledge or reasonable means of knowledge that the offensive weapon was in or on the premises; and (ii) had taken all reasonable precautions against the offensive weapon being kept in or on the premises. (7) In any prosecution for an offence under subsection (3), it shall be presumed, until the contrary is proved, that any offensive weapon was intended to be used for a purpose prejudicial to controlling public disorder or restoring or maintaining public order if —(a) the quantity of offensive weapons found exceeded the quantity reasonably required to be kept by the accused for ordinary use in the accused’s household or establishment and (in the case of a person carrying on business) exceeded the quantity reasonably required to be kept in the ordinary course of such business; (b) the offensive weapons were kept concealed or in a place other than that in which they might reasonably be expected to be kept for domestic or, in the case of a person carrying on business, for business purposes; or (c) the offensive weapons were kept in containers other than containers of a kind in which such weapons are ordinarily kept for domestic or, in the case of a person carrying on business, for business purposes.
Enhanced penalty for certain offences committed in target area
42.—(1) A person who —(a) when within the target area of a special authorisation, commits or attempts to commit; or (b) when in any place in Singapore, abets the commission, within the target area of a special authorisation, of, any relevant offence shall be liable on conviction to such fine as is provided for that offence, attempt or abetment (as the case may be) or to imprisonment for a term which may extend to twice the longest term provided for that offence or to both. (2) In this section, “relevant offence” means an offence under sections 143, 144, 145, 147, 148, 151, 152, 153, 157, 158, 267B, 379, 380, 381 and 382 of the Penal Code 1871.
Unauthorised photography, etc., of target area
43.—(1) If a picture or film of an area that is or part of the target area of a special authorisation is made —(a) when the special authorisation is in effect; (b) using any equipment on board —(i) an unmanned aircraft while the unmanned aircraft is in flight or otherwise in operation; or (ii) an autonomous vehicle or unmanned vessel when it is in motion or otherwise in operation; and (c) without the Commissioner’s permission, the operator of the unmanned aircraft, autonomous vehicle or unmanned vessel (as the case may be) and the individual making the picture or film if the individual is not the operator, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (2) In proceedings for an offence under subsection (1) —(a) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that —(i) the premises concerned is the target area of a special authorisation; or (ii) the unmanned aircraft, autonomous vehicle or unmanned vessel (as the case may be) had on board equipment for making pictures or films when flying, moving or otherwise in operation; but (b) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the picture or film was not taken intentionally but was taken because of weather conditions or other unavoidable cause. (3) In this section —“operator”, for an unmanned aircraft, autonomous vehicle or unmanned vessel, means a person who is engaged in the operation of the unmanned aircraft, autonomous vehicle or unmanned vessel, and where the unmanned aircraft is a remotely piloted aircraft, includes —(a) the person who causes the remotely piloted aircraft to fly; and (b) the remote pilot of the aircraft with duties essential to the operation of the remotely piloted aircraft, such as manipulating the flight controls as appropriate during flight time, if the remote pilot is not the operator; “remotely piloted aircraft” has the meaning given by section 2(1) of the Air Navigation Act 1966.
Breach of communications stop order
44.—(1) A person commits an offence if —(a) the person (if not an excluded person) makes a relevant film or picture; or (b) the person (if not an excluded person) exhibits or communicates a relevant film or picture or a relevant text or audio message, when a communications stop order (which is made because of a special authorisation) is in force. (2) A person who is guilty of an offence under subsection (1) 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. (3) In proceedings for an offence under subsection (1) —(a) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the film, picture, text or audio message is a relevant film or picture or a relevant text or audio message; but (b) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the relevant film or picture was made, communicated or exhibited, or the relevant text or audio message was communicated or exhibited, by the accused with the Commissioner’s prior approval.
Offences by corporations
45.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and (b) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person —(a) who is —(i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and (b) who —(i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of —(a) Chapters 5 and 5A of the Penal Code 1871; or (b) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section —“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —(a) any person purporting to act in any such capacity; and (b) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances:(a) action towards —(i) assessing the corporation’s compliance with the provision creating the offence; and (ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision; (b) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; (c) action towards ensuring that —(i) the plant, equipment and other resources; and (ii) the structures, work systems and other processes, relevant to compliance with the provision creating the offence are appropriate in all the circumstances; (d) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence; “state of mind” of a person includes —(a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose.
Offences by unincorporated associations or partnerships
46.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a) an employee or agent of the unincorporated association of the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and (b) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a) who is —(i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual who is involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and (b) who —(i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of —(a) Chapters 5 and 5A of the Penal Code 1871; or (b) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —(a) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and (b) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “reasonable steps” has the meaning given by section 45(6); “state of mind” of a person includes — (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose.
Jurisdiction of courts
47. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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