Debated in Parliament on 13 Mar 2015.
Order for Second Reading read.
Mdm Speaker, I beg to move, "That the Bill be now read a Second time".
Madam, the Police Force Act (PFA) is the main legislative instrument that provides for the organisation and disciplinary procedures of the Singapore Police Force (SPF). The PFA was last amended in 2004 to introduce a regulatory framework for the auxiliary police forces (APFs).
This Bill seeks to strengthen the operational effectiveness of the SPF, prevent abuse of Police uniforms and insignia, and streamline internal processes.
Madam, let me now elaborate on the key amendments.
Clause 8 of the Bill amends section 26(2) of the PFA to increase the penalty for evading Police road blocks, from the current penalty of a fine not exceeding $1,000 and/or imprisonment not exceeding six months, to a fine not exceeding $5,000 and/or imprisonment not exceeding 12 months.
This is aligned with the penalty for the Penal Code offence of rash driving or riding which endangers the life or personal safety of others.
The Police conduct road blocks to deter and detect crime, including offences, such as drink driving. Drivers who evade road blocks endanger the lives of other road users, as well as our officers manning the road blocks and themselves. These enhanced penalties serve as a stronger deterrent against such irresponsible and dangerous actions.
The next set of amendments seeks to strengthen the internal disciplinary processes for regular Police Officers below the rank of Inspector and for Special Police Officers. Special Police Officers comprise members of the Volunteer Special Constabulary, full-time National Servicemen (NSmen), Operationally-ready NSmen and Volunteer Ex-National Servicemen.
Clause 10 amends section 29 which deals with interdiction of Police Officers. The circumstances under which the Commissioner of Police or "Commissioner" may interdict
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Police Officers are expanded. Interdiction may be ordered where the Police Officer is charged in Court and the Commissioner is of the view that the nature and gravity of the offence warrant interdiction, or where the Police Officer is being investigated for having committed an offence and the Commissioner is of the view that it is undesirable for that officer to exercise Police powers, or discharge Police duties, during the period of investigation.
Interdiction may also be ordered where disciplinary proceedings which may result in the Police Officer's dismissal, reduction in rank, or retirement are instituted or where the Commissioner considers that it is in the public interest that the Police Officer should immediately cease to exercise the powers and perform the duties of a Police Officer.
Clause 15 amends section 40 to set up Disciplinary Appeal Committees to hear appeals from Police Officers.
Currently, a Police Officer who is found guilty of a service offence by a disciplinary officer may appeal to the Commissioner against the finding or punishment imposed. The decision of the Commissioner on an appeal is final.
Under the new framework, Disciplinary Appeal Committees will be established to hear these appeals. A Disciplinary Appeal Committee will be chaired by the Commissioner and comprises two other senior Police Officers of the rank of Deputy Assistant Commissioner, or higher, who are not involved in the original disciplinary hearing. Having Disciplinary Appeal Committees hear appeals will provide a more efficient and robust mechanism for handling appeals.
Clause 40 amends section 115 and lifts the limitation period for all Police Officers and members of the Volunteer Special Constabulary. The limitation period is the length of time from the commission of a service offence that the offender must be tried. It is presently six months. This amendment protects the public interest by ensuring that disciplinary proceedings may be instituted against an errant officer, regardless of when the alleged offence was committed or discovered.
I will now move on to explain the changes in the disciplinary framework for National Servicemen or NSmen.
Clause 28 amends section 79 which deals with the interdiction of Police NSmen. This includes both full-time NSmen and Operationally-ready NSmen.
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The circumstances in which the Commissioner may interdict a Police NSman are expanded, similar to the changes proposed for interdiction of Police Officers.
Clause 30 amends section 82 to allow a Disciplinary Officer to order a Police NSman to serve a term of detention, in lieu of a fine imposed. If at any time during the period of detention, the NSman pays the fine quantum, he will be released from detention.
Clause 31 amends section 85(2) to allow for the remission of Police NSmen's sentences on grounds, such as good conduct.
Clause 40 amends section 115 by instituting a limitation period of three years for disciplinary action for service offences for all Police NSmen. This means that any disciplinary proceedings against Police NSmen must begin within three years from the date on which the offence was alleged to have been committed or when the alleged offence was reported to the investigating officer, whichever is later.
Civilian officers with specialised skills and training will be appointed to support the Police and law enforcement agencies in their work.
Clause 19 provides certain Police powers to these civilian officers. Sections 65A and 65B relate to forensic specialists, and sections 65C and 65D relate to Civilian Police Assistants.
Clause 19 introduces sections 65A and 65B which allow the Minister to appoint suitably qualified civilian officers as forensic specialists to assist Police Officers or law enforcement officers in their investigations. The provisions detail the powers and responsibilities of such persons.
Forensic specialists will be given powers to secure and search crime scenes, seize evidence, conduct forensic examinations and take statements from individuals. They may exercise their powers once directed by Police Officers or law enforcement officers whom they are to assist. For example, forensic specialists may be directed by Police Officers to respond to a crime scene. Thereafter, the forensic specialists may exercise their powers even if the Police Officer is not present at the crime scene.
Clause 45 makes a related amendment to the Fire Safety Act by providing similar forensic examination powers to fire forensic specialists, who will assist SCDF officers in fire investigations.
Clause 19 introduces sections 65C and 65D to provide for a new class of persons known as Civilian Police Assistants. The provision details the powers of Civilian Police Assistants.
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Civilian Police Assistants, who will be known as Community Wardens, will assist Police Officers in maintaining peace and good order. They will attend to cases of high impact noise disputes in the community, where individuals are suspected of making noise to the annoyance or inconvenience of others. Community wardens will be provided with specific powers to record particulars, take statements from the parties involved, advise individuals to abate the noise nuisance, and deliver composition notices on behalf of the Police.
The Community Wardens pilot is one of the initiatives under the Community Disputes Management Framework led by the Ministry of Culture, Community and Youth (MCCY). The Minister for Culture, Community and Youth will elaborate on this during the Second Reading of the Community Disputes Resolution Bill which follows immediately after this Bill.
Clause 22 amends section 68 to empower the Commissioner to enrol Police ex-NSmen into the Police Force.
Currently, Operationally-ready Police NSmen are unable to continue serving once they reach the statutory age of 40 for junior officers and 50 for senior officers. This amendment will allow Police NSmen to voluntarily serve beyond the statutory age where their services are needed by the Police Force. It allows the Police to continue to draw on the valuable knowledge and experience of these Volunteer Ex-NSmen and add depth to SPF's operational effectiveness. The volunteer Ex-NSmen will have the same powers and protection as Police Officers while they are on duty. They will have the same status, recognition and benefits and be subject to the same disciplinary regime as Police Operationally-ready NSmen. The introduction of voluntary extension of National Service by this Bill aligns the SPF's practices with those of the SAF.
Madam, I will next clarify the powers of Auxiliary Police Officers or APOs.
APOs support the work of the Police. They help the Police maintain law and order and ensure safety and security in Singapore. This is why APOs have certain Police powers, such as those of arrest and the right to bear firearms while they are on duty.
However, APOs do not possess all the powers of Police Officers. In particular, APOs do not have powers of investigation. Furthermore, unlike Police Officers who can exercise their powers at all times, APO powers are limited to the period when they are on duty. This has been the policy intent when the PFA was amended in 2004 to provide for a regulatory framework for the Auxiliary Police Forces.
Clause 32 amends section 86 to make clear that APOs may detain or arrest individuals in the course of assisting the Police in maintaining law and order. Such powers of arrest are
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restricted to the period they are on duty and are conscribed to two situations, as is the current practice.
First, APOs would be able to make arrests for arrestable offences committed in their view or presence. Arrestable offences are offences for which a suspect may be arrested without a warrant, for example, shop-lifting.
Second, for arrestable offences not committed in their view or presence, but reported to the APO, they may require the subject to provide his particulars while awaiting the arrival of Police. Should a subject fail to comply, the APO may detain the subject until the arrival of Police. The APO must hand over the person to a Police Officer without delay.
Clause 36 repeals and re-enacts section 108 to streamline the procedures for handling lost and unclaimed property deposited with the Police.
Under the re-enacted section 108, lost property will be treated as unclaimed at the end of 30 days after it is deposited with the Police and the owner does not make an earlier claim or cannot be found after reasonable efforts are made by the SPF. The Commissioner can then either arrange for the property to be disposed of or sold, with the proceeds paid into the Consolidated Fund. Lost cash that remains unclaimed will be paid into the Consolidated Fund.
The new section 108(5) will allow the owner to still recover the property, or its cash value, net of costs, if the property had been sold. This new section 108(5) prescribes a limit of one year for the owner to do so.
Current laws in the Penal Code against impersonating a public servant, or uniformed officer, may only be used after the impersonation had taken place. Greater protection is required for Police uniforms and insignia, as the powers which Police Officers have are greater than those of other public servants. These powers include powers of arrest, search and seizure of property.
Clause 42 introduces a new section 120A which will make it an offence for a person to wear or possess any Police uniform, or use any Police insignia to impersonate a Police Officer or to cause members of the public to believe that he is a Police Officer or has certain associations with SPF. The offence carries a penalty of a fine not exceeding $2,500 and/or imprisonment for a term not exceeding six months.
The new section 120A will also make it an offence for a person to manufacture, sell or distribute any Police uniform or Police insignia without a licence from the Commissioner. The
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offence carries a penalty of a fine not exceeding $10,000 and/or imprisonment for a term not exceeding three years.
Clause 46 of the Bill makes a consequential amendment to the Miscellaneous Offences (Public Order and Nuisance) Act or MOA to provide for the compounding of offences under the Act. This supplements prosecution and victim composition for the other MOA offences under the Criminal Procedure Code.
Madam, this Bill improves the operational effectiveness of the Police Force as a whole, strengthens the disciplinary framework for Police Officers and gives powers to the Police to deal with those who abuse Police uniforms and insignia. Mdm Speaker, I beg to move.
*Question proposed. (proc text)]
The Singapore Police Force or SPF has kept Singapore safe and secure. We are fortunate to enjoy a home that is a thriving global city without high crime rates and no threats to personal safety. This is due largely to having a capable, efficient and trustworthy Police Force.
This Bill seeks to enhance the operational effectiveness of our Police Force in several ways, including manpower assistance. It will enable the Ministry to equip civilian officers, such as forensic specialists and community wardens, with powers to assist the Police with their duties. While this measure will boost the capacity and reach of the Police Force, I have some concerns that I hope the Minister can address.
Firstly, what will be the extent of the training and evaluation of the Civilian Officers, to ensure that they have the skills and competence to carry out their tasks, and to keep the public, themselves and their fellow officers safe in the line of duty?
Madam, the SPF has had APOs in service for some time. As a result of this Bill, the legal powers of the APOs will be affected. Will this have an impact on their ability to be effective in the front line of police duty? Do APOs have the skills and competencies needed to carry out their duties effectively?
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There have been several recent cases of members of the public being abusive, threatening or violent towards our Police Officers. While this behaviour by a small section of the public is of concern, representing an indifference to the uniform and what it represents, it is likely to be a factor within the environment that our SPF officers would have to operate in. Will the civilian officers and the community wardens be given legal protection to the same extent as a regular Police Officer should anything happen to them while they are on duty?
Whether the officer concerned is a civilian specialist, a community warden, an APO or a regular Police Officer, the public needs to recognise the important work that they do, we need to cooperate with the Police's work to keep us all safe and to recognise the good work of these men and women who step forward to serve.
This Bill also proposes that the various SPF logos, insignias and uniforms be protected, and anyone found using the logos, insignias and uniforms without permission may be jailed or fined. It would apply to those distributing or selling these items.
There are retailers who are stuck with stocks of these products and they are unsure of what they should do to avoid committing an offence once this Bill is passed. Is there any way that they can be given time to clear their stock? Could an interim period be given to sell off these stocks, especially apparel, to full-time NSmen, provided that these servicemen provide proof of their identity in the force?
Madam, an effective SPF is crucial to maintaining the Singapore we are proud to call home and I support the Bill.
Madam, I support the Bill. However, I would like to seek some clarifications on clause 19 concerning Forensic Specialists and Civilian Police Assistants.
First, Forensic Specialists. The proposed sections 65A and 65B provide for Forensic Specialists who will be assisting in investigations of crimes. Section 65B sets out their powers which are to secure a crime scene, search the crime scene and any individuals in the vicinity, seize and detain potential evidence, conduct forensic examinations and procedures and take statements from individuals, as directed by the Police or a law enforcement officer.
It is stated in section 65A that the Forensic Specialist is not a Police Officer and could either be a public officer or an individual who is not a public officer at all, that is, from the private sector. Does this mean that the person from the private sector continues in the private sector while being appointed as a Forensic Specialist and is this due to a lack of
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expertise in the public sector in certain areas or simply due to insufficient manpower? I would also like to ask what kind of expertise outside the public service does the Ministry envisage tapping on.
Secondly, though these Forensic Specialists are experts in their own domain, yet under section 65A(5), they will be issued with the accoutrements or equipment that may include handcuffs, cable ties, batons and defensive weapons. Is it appropriate to issue such items to forensic specialists? Are these scientists expected to undergo some sort of Police training in order for them to use these items appropriately?
Next, Madam, I move on to Civilian Police Assistants or CPAs. Under section 65C and D, CPAs will assist the Police to attend to noise complaints. The CPA is to take down the particulars of the persons complained against and advise such persons to abate the nuisance. They can also take statements from the complainants, the person complained about and from witnesses. I would like to ask whether the CPAs will all be paid positions or would volunteers also be roped in? And what will be the criteria for the recruitment of CPAs in terms of educational level? For example, would there be a minimum age to ensure that a certain degree of maturity is there to deal with the public?
Again, as with Forensic Specialists, the issue of having CPAs being given Police accoutrements and equipment is provided for under section 65C(5). This time, only batons are specifically mentioned. What sort of training will CPAs undergo to ensure that they do not misuse their powers and weapons?
Minister Teo.
Mdm Speaker, I would like to thank both Dr Janil and Ms Sylvia Lim for speaking on and supporting the Bill. I will address the issues raised in turn.
Dr Janil asked about the impact on retailers arising from criminalising the unauthorised use, distribution and sale of SPF insignia and uniforms. Madam, the amendments are made to protect the public. Police logos, insignia and uniforms, if misused, may result in serious consequences, given the considerable powers vested with the Police. Police have, in fact, been engaging the retailers since late last year. And the retailers were informed of the plans to criminalise the unauthorised sale and distribution of these items. The retailers said that the early notice has been helpful, as they would stop bringing in new stock and take the next few months to clear existing stock. So, they have had some time. Police will continue to
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engage the retailers in the coming months.
Dr Janil and Ms Lim raised questions relating to two groups of civilian officers – Forensic Specialists and Civilian Police Assistants. The appointment of these civilian officers with specialist skills and training would enhance the effectiveness of the Police and law enforcement agencies.
With regard to the need to tap on forensic expertise outside the public sector, while the Police and public sector have sufficient forensic capabilities for Police's day-to-day operations, there may be situations where additional surges in capacity or specialist expertise may be required. These can include a natural disaster or a building collapse. There may also be occasions when external experts are engaged to assist in specialised evidence gathering. Examples may include commercial divers who may be engaged to obtain evidence underwater, or overseas forensic specialists who are trained in conducting sophisticated forensic examinations, in specific types of crimes and circumstances.
Dr Janil and Ms Lim asked about the equipment and training that will be provided to Forensic Specialists. Forensic Specialists will be empowered, equipped and trained to enable them to perform their duties. As they may not always partner a Police Officer when working at a crime scene, defensive equipment like batons will be provided for self-defence. Restraints, like handcuffs, may be issued to Forensic Specialists as they may have to detain individuals who attempt to remove evidence from, or interfere with, the crime scene. So, these are mainly provided for them to be able to carry out their immediate duties.
Forensic Specialists may not necessarily carry such equipment with them every time they are on duty. Police will take a risk-based approach and equip them accordingly, depending on the specific operating environment at the crime scene. Forensic Specialists will be trained and tested on the use of these equipment to ensure their own safety and that of members of the public.
Madam, I will now elaborate on the Community Warden programme. The Community Warden programme was developed as part of the overall Community Dispute Management Framework led by MCCY.
Community Wardens assist the Police to respond to high impact noise nuisance cases in the community. Why have we focused on noise? First of all, because it is currently an offence in extreme cases of noise. And second, because noise actually constitutes a very large proportion of the cases for which Police are called in for, in the community. These Community Wardens will take case notes, coordinate the referral of cases to grassroots
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leaders for informal mediation and issue noise abatement advisories.
The Police will pilot the deployment of Community Wardens in two wards, Tampines North and Boon Lay, in the second half of 2015. These Community Wardens will be civilian officers employed by the Police. They are not volunteers, though the provision is there for subsequent phases, if it proves to be useful, to have volunteers. But in the first instance for the pilot, they will not be volunteers.
Ms Lim asked about educational qualifications. I thought we have spent quite a lot of time during this Parliament not talking about educational qualifications and trying to move away from that. Educational qualifications are one factor to be taken into account in selecting Community Wardens. However, more importantly, Community Wardens need to have good people skills as they will be at the frontline dealing with disputing neighbours. The pilot will last six months. Police will then review the effectiveness of the pilot before deciding on longer term plans, together with MCCY.
Dr Janil and Ms Lim asked about the equipment and training that will be provided to Community Wardens. Similar to Forensic Specialists, the Community Wardens will be empowered, equipped and trained to enable them to perform their roles. As Community Wardens will often be deployed alone, defensive equipment like batons will be provided for self-defence. They will also put on body-worn cameras. Community Wardens will be trained in basic law, mediation skills and self-defence. The Community Wardens will be under the command and control of the Police, and their work and safety will be monitored by the respective Police Division Operations Rooms. They will also have communication equipment to call for Police assistance if this is needed.
I was also asked about the rationale behind the amendments related to the APOs' powers of arrest. The policy intent and practice have always been for APOs to have powers of arrest when they are on duty. The proposed amendments do not make any change to these powers, but seek to remove any ambiguity and make clear in law that APOs may detain or arrest individuals in the course of assisting the Police in the maintenance of law and order. APOs may only exercise these powers when they are on duty. This is also the current practice.
The circumstances where the APOs can exercise these powers will be further clarified by a Police Gazette. First, if an arrestable offence is committed in the APO's view, the APO may arrest the individual, hand-cuff the person if necessary, and hand over the person to the Police without delay. For example, if an APO is on duty at the airport and he spots a pickpocket committing an offence, the APO can arrest the pickpocket. In fact, he should. Second, if an APO is made aware of the commission of an arrestable offence but this was not committed in his view, within his sight, the APO may ask the person for his particulars and request the person to wait for Police to arrive. If the person refuses to comply, the APO may
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then detain the person until the arrival of the Police.
All APOs must meet a set of stringent selection criteria, including educational qualifications and security screening, before they are considered for employment. They also have to go through and pass a stringent training and testing regime before they can be deployed. APOs are trained and tested in shooting, unarmed tactics and Police procedures as part of their basic training. Similar to Police Officers, APOs are also required to take annual physical fitness and shooting tests. This comprehensive training and testing regime ensures that APOs perform at a high standard and are effective in discharging their duties.
Dr Janil also asked a very important point and I thank him for that. What protections are there for our officers, especially our Forensic Specialists and Civilian Police Assistants? Will they be accorded the same legal protection as Police Officers? The laws that protect Police Officers and public servants also apply to these civilian officers while they are on duty. For instance, if a person assaults a Forensic Specialist or Community Warden to prevent the officer from discharging his duty, the culprit would have committed the offence of voluntarily causing hurt to deter a public servant from carrying out his duty under the Penal Code.
These civilian officers are also granted the same immunities as Police Officers under the PFA while they are performing their official duties. They will not be liable for consequences of proper acts performed while discharging their duties.
Mdm Speaker, let me conclude. This Bill covers a range of amendments to strengthen the operational effectiveness of the Singapore Police Force, prevent abuse of Police uniforms and insignia, and streamline internal processes. Taken together, these amendments enable the Police to be more effective in maintaining law and order in Singapore, and keeping Singapore safe and secure. Mdm Speaker, I beg to move, and I urge Members to give their support to the Police Force (Amendment) Bill.
*Question put, and agreed to.*
*Bill accordingly read a Second time and committed to a Committee of the whole House.*
*The House immediately resolved itself into a Committee on the Bill. – [Mr Teo Chee Hean.]*
*Bill considered in Committee; reported without amendment; read a Third time and passed.*
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PAPERCUTS