User:Sgconlaw/Public Order (Preservation) Act

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Sgconlaw/Public Order (Preservation) Act
Parliament House, Singapore
Old Parliament House, photographed in January 2006
Federal Legislative Council, Federation of Malaya
  • An Act relating to the maintenance and restoration of public order.
CitationPublic Order (Preservation) Ordinance 1958 (No. 46 of 1958, Malaysia), now Cap. 258, 1985 Rev. Ed. (Singapore)
Enacted byFederal Legislative Council, Federation of Malaya
Enacted23 October 1958
Royal assentTo be inserted
Commenced5 December 1958; extended to Singapore on 16 September 1963 when it became part of Malaysia[1]
Legislative history
Bill titleBill for the Public Order (Preservation) Ordinance 1958
Bill citationFederation of Malaya Government Gazette, vol. II, no. 20, Bills Supplement No. 15, pp. 205–224
Introduced18 September 1958
Status: In force

The Public Order (Preservation) Act of Singapore (Cap. 258, 1985 Rev. Ed.) is a statute that empowers the Government to proclaim a "state of danger to public order" in any area in Singapore where public order is "seriously disturbed" or "seriously threatened", and gives the police wide powers to maintain or restore order within the proclaimed area. The present Act was originally enacted by the Federal Legislative Council of the Federation of Malaya as the Public Order (Preservation) Ordinance 1958 (No. 46 of 1958), extended to Singapore on 16 September 1963 when Singapore was a state of the Federation of Malaysia, and retained following Singapore's full independence on 9 August 1965.

History[edit]

The Public Order (Preservation) Act[2] was originally enacted as the Public Order (Preservation) Ordinance 1958[3] on 23 October 1958 by the Federal Legislative Council of the Federation of Malaya during the Malayan Emergency. The Emergency was a guerrilla war fought between Commonwealth armed forces and the Malayan National Liberation Army, the military arm of the Malayan Communist Party between 1948 and 1960.[4]

The version of the Act currently in force is Chapter 258, 1985 Revised Edition.[2]

Operation[edit]

The Act empowers the Minister for Home Affairs to proclaim a "state of danger to public order" in any area in Singapore where public order is "seriously disturbed" or "seriously threatened", and the Minister thinks it is necessary to make the proclamation to maintain or restore order there.[5] A proclamation that has been made remains in force for a month unless it has been revoked by the Minister or by a parliamentary resolution, and can be renewed for periods of a month.[6]

All proclamations and declarations of renewal must be published in the Government Gazette and presented to Parliament as soon as possible after they are made.[7] In addition, the Minister is required to publish proclamations and declarations of renewal in such a manner as he or she thinks is necessary to notify people who may be affected by them. Once notice has been given of a particular proclamation or declaration of renewal, it comes into effect even if it has not yet been published in the Gazette.[8]

Powers for the maintenance of public order[edit]

The Act confers on the police wide powers to maintain or restore order in the proclaimed area. Among the powers that may be exercised are the power to:

  • close or regulate the use of roads;[9] and put up barriers and take reasonable steps to prevent people from crossing such barriers (to the extent of using lethal weapons);[10]
  • prohibit or disperse assemblies of five or more persons in any public or private area, including using lethal force to do so;[11]
  • impose curfews;[12]
  • exclude people from the proclaimed area or any place or building within the area;[13]
  • seize articles or material capable of being used for offensive purposes;[14]
  • requisition any "movable or immovable property situated within any proclaimed area or any space or accommodation in any land, building, vessel, vehicle or aircraft";[15] and
  • arrest without warrant people who are suspected of committing certain offences referred to in section 27 of the Act, such as theft, unlawful assembly, rioting, and assaulting or obstructing public servants who are trying to suppress a riot. Again, lethal force can be used when trying to effect arrests.[16]

Offences relating to public order[edit]

The Act creates a number of special offences. For instance, within a proclaimed area it is a crime to use or consort with someone using, or to carry, offensive weapons, or explosive, corrosive or inflammable substances.[17] It is also an offence for a person to have under his or her possession or control in a private place within a proclaimed area any offensive weapon, or any explosive, corrosive or inflammable substance in circumstances raising a reasonable presumption that the weapon or substance "is intended to be used for a purpose prejudicial to the maintenance or restoration of public order", unless the person can prove on a balance of probabilities that the possession or control was solely for a lawful purpose.[18] The Act creates a rebuttable presumption that if any weapon or substance is found on any premises the occupier is in possession of it, unless he or she can prove that it was in someone else's possession, or that he or she did not reasonably know that it was on the premises and had taken reasonable precautions against it being kept on the premises.[19] Furthermore, it will also be presumed that weapons or substances were to be used for a purpose prejudicial to the maintenance or restoration of public order if their quantity exceeds what is reasonably required for ordinary use in a household or business, if they are hidden or not kept where they might reasonably be expected to be kept for domestic or business purposes, or if substances are kept in containers other than those they are usually kept in for domestic or business purposes.[20]

Section 27 of the Act, referred to above, enhances the maximum penalties for certain crimes committed within a proclaimed area. In these cases, the courts can impose up to twice the longest prison term provided for.[21]

Within a proclaimed area, it is an offence to provoke a breach of the peace by intentionally using threatening, abusive or insulting words or behaviour.[22] In fact, while a proclamation under the Act is in force, it is even an offence to do or say anything, or publish any document, anywhere in Singapore that "is likely to be prejudicial to the maintenance or restoration of public order in the proclaimed area or in any other part of Singapore", "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 "is likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of his 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 his duty".[23]

Invocation of the Act[edit]

In 1964 the Act was invoked twice, both times by the Federal Government in Kuala Lumpur when Singapore was a state of Malaysia, due to civil unrest that occurred in the midst of the Indonesia–Malaysia confrontation (September 1963 – May 1965) stemming from Indonesia's opposition to the creation of Malaysia. On these occasions, the whole of Singapore was declared a proclaimed area. The first time was on 22 July 1964 when riots between the Chinese and Malay communities broke out the previous day. A curfew was imposed from 9:30 pm to 6:00 am.[24] As the public order situation improved, the curfew hours were gradually reduced until 2 August when the curfew was lifted completely.[25]

With effect from 11:00 am on 5 September 1964, Singapore was again declared a proclaimed area, with a curfew beginning at 2:00 pm. This followed incidents of unrest in Geylang which the Prime Minister's Office claimed to have been instigated by "Indonesian agents and fifth columnists".[26] Criminal proceedings were taken against various people for possessing and using offensive weapons, breaking curfew, uttering words likely to cause unlawful violence,[27] and unlawful assembly.[28]

Prior to the Little India riot...

Related legislation[edit]

Part of a sign indicating a ban on the public consumption of alcohol in a Special Zone in Little India, Singapore. The Special Zone was established by the Public Order (Additional Temporary Measures) Act 2014 (No. 12 of 2014) following the 2013 Little India riot.

Notes[edit]

  1. ^ Modification of Laws (Internal Security and Public Order) (Singapore) Order 1963 (Legal Notification (L.N.) 231/63, Malaysia; Gazette Notification (G.N.) Sp. No. S 4/1963, Singapore).
  2. ^ a b Public Order (Preservation) Act (Cap. 258, 1985 Rev. Ed.) ("POPA").
  3. ^ Public Order (Preservation) Ordinance (No. 46 of 1958, Federation of Malaya). A revised version issued in 1983 came into force on 19 January 1984, and the present version is the Public Order (Preservation) Act 1958 (Act 296, 2006 Reprint, Malaysia), archived from the original on 25 August 2014.
  4. ^ Robert Jackson (2008), The Malayan Emergency, Barnsley, South Yorkshire: Pen and Sword Aviation, ISBN 978-1-84415-775-4.
  5. ^ POPA, section 3(1).
  6. ^ POPA, ss. 3(2), (3) and (5).
  7. ^ POPA, s. 3(5).
  8. ^ POPA, s. 3(4).
  9. ^ POPA, s. 4.
  10. ^ POPA, s. 6.
  11. ^ POPA, s. 5.
  12. ^ POPA, s. 7.
  13. ^ POPA, s. 8.
  14. ^ POPA, s. 10.
  15. ^ POPA, s. 11. The prior approval of the Minister for Home Affairs is required for the requisition of any vessel exceeding 100 tons gross tonnage, any rolling stock of the Malayan Railway, or any aircraft: s. 11(4).
  16. ^ POPA, s. 17 read with s. 27 and the Third Schedule; and s. 18.
  17. ^ POPA, s. 22 (use), s. 23 (consorting with a person using) and s. 24(1) (carrying). Offensive weapon is defined as including "any instrument which if used as a weapon of offence is likely to cause hurt", while the term explosive substance includes "any materials for making any explosive substance and any bomb, grenade, apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance and any part of such bomb, grenade, apparatus, machine or implement". A corrosive substance is any of the substances listed in the First Schedule to the Act, and includes "all substances which are capable on application to the human body of causing hurt through corrosive action": s. 2.
  18. ^ POPA, s. 24(2).
  19. ^ POPA, s. 25(1).
  20. ^ POPA, s. 25(2).
  21. ^ POPA, s. 27 read with the Third Schedule.
  22. ^ POPA, s. 28.
  23. ^ POPA, s. 29. A Chinese seaman was charged under the Act for uttering the words "Chinese assault Malays" at the Moon Bar on Victoria Street on 8 August 1964: "Seaman charged with promoting ill-will", The Straits Times, p. 5, 26 August 1964.
  24. ^ "Appeal for calm: Razak: Divided we will fall to the enemy", The Straits Times, p. 1, 22 July 1964; "Curfew OFF ... and ON again", The Straits Times, pp. 9 & 16, 23 July 1964.
  25. ^ Jackie Sam; Gabriel Lee (25 July 1964), "Back to work: Govt will help clash victims to rehabilitate themselves: Lee", The Straits Times, p. 1; "Curfew off: 'A little bit of caution,' but ...", The Straits Times, p. 1, 3 August 1964.
  26. ^ "Curfew starts race to get home: Traffic jams in many areas as the lights are ignored; children without transport add to the confusion by darting in and out of heavy traffic", The Straits Times, p. 11, 5 September 1964; see also Harold Teo (5 September 1964), "Singapore a 'danger zone'", The Straits Times, p. 1; "'Danger area': This is what the proclamation means ...", The Straits Times, p. 5, 5 September 1964.
  27. ^ "Jail and rotan for catapult shot on police", The Straits Times, p. 9, 9 September 1964.
  28. ^ "Saturday sequel: 77 charged: Barisan assemblyman, 25 women among 'Chinatown incidents' accused: Magistrate refuses counsel's application for bail", The Straits Times, p. 11, 15 September 1964; "Unlawful assembly cases postponed again", The Straits Times, p. 5, 22 September 1964; "Singapore riots: 77 charged in court", The Straits Times, p. 14, 27 September 1964; "Illegal assembly case: Bail plea by 75 dismissed", The Straits Times, p. 4, 7 October 1964; "ASP: Why I ordered tear gas on 350 ...", The Straits Times, p. 11, 13 October 1964; "The warning in advance ...: Court is told of police pleas on Chinatown procession", The Straits Times, p. 11, 14 October 1964; "Illegal assembly: Defence charge at trial of 51", The Straits Times, p. 6, 15 October 1964.

References[edit]


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