Singapore

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1. Introduction

Singapore is a republic with a parliamentary system of Government based on the Westminster Model.

The roots of Singapore’s legal system can be traced back to the English legal system and it has evolved over the years. The sources of law are derived from its Constitution, legislation, subsidiary legislation (e.g. Rules and Regulations et cetera) and judge-made law.

(a) The Constitution is the supreme law of the land and lays down the basic framework for the three organs of state, namely:

(i) Executive

(ii) Legislature

(iii) Judiciary

2. Branches

(a) Executive

The Executive includes the Elected President, the Cabinet and the Attorney-General. The President is elected by the people and is empowered to veto government budgets and appointments to public office. The Cabinet comprises the Prime Minister and Ministers appointed from among the Members of Parliament and is responsible for the general direction and control of the Government and is accountable to Parliament. The Attorney-General is the principal legal advisor to the government and has the power and discretion to prosecute offenders.

Executive power rests with the Cabinet. The Cabinet is led by the Prime Minister, who is appointed by the President. On the advice of the Prime Minister, the President appoints other Ministers from among the Members of Parliament to form the Cabinet. The Cabinet is responsible for all government policies and the day-to-day administration of the affairs of state.

(i) Prime Ministers of Singapore

1959-1990: Mr Lee Kuan Yew

1990-2004: Mr Goh Chok Tong

2004-Present: Mr Lee Hsien Loong

(b) Legislative

The Legislature comprises the President and Parliament and is the legislative authority responsible for enacting legislation. Parliament is made up of elected, non-constituency and nominated Members of Parliament. The President’s assent is required for all bills passed by Parliament and he may in his discretion withhold assent to certain bills.

The Singapore Parliament is unicameral and together with the President of Singapore, is known as the Legislature. It is modelled after the Westminster system of parliamentary democracy, where Members of Parliament (MPs) are voted in at regular General Elections. In Singapore, a General Election must be held at least once every five years. The leader of the political party that secures the majority of seats in Parliament will be asked by the President to become the Prime Minister. MPs consist of either Elected, Non-Constituency or Nominated members.

The present 12th Parliament of Singapore, which opened its first session on 10 October 2011, has 99 MPs, comprising 87 elected MPs, 3 Non-Constituency MPs and 9 Nominated MPs.

(c) Judiciary

The Judiciary is made up of the Supreme Court and the State Courts. The Judiciary administers the law independently of the Executive and this independence is safeguarded by the Constitution. The Supreme Court consists of the Court of Appeal and the High Court. The Chief Justice, Judges of Appeal, Judicial Commissioners and High Court Judges are appointed by the President from candidates recommended by the Prime Minister.

Singapore practices the common law legal system, where the decisions of higher courts constitute binding precedent upon courts of equal or lower status within their jurisdiction, as opposed to the civil law legal system in continental Europe. The current criminal code was preceded by the Indian Penal Code which was adopted when Singapore was a Crown Colony.

Singapore has a comprehensive judicial system. The State Courts (previously known as Subordinate Courts) form the first tier in the judicial hierarchy to administer justice amongst the people. It comprises the District Courts, Magistrates' Courts, specialised courts – Family Court, Juvenile Court, Coroner's Court – Small Claims Tribunals and the Court Mediation Centre. The District Courts, Magistrates’ Courts and Small Claims Tribunals can hear civil matters where disputed amounts do not exceed $250,000, $60,000 and $10,000 respectively.

The second tier is the Supreme Court, made up of the High Court and Court of Appeal (the highest Court in the land). Both courts hear criminal cases and civil claims exceeding $250,000. The Chief Justice, Judges of Appeal, Judges and Judicial Commissioners are appointed by the President on the advice of the Prime Minister.

While the judicial system has been efficient in dispensing justice, the Government has found it necessary and expedient to complement the courts with other modes of alternative dispute resolution (ADR), namely arbitration and mediation. Having established itself as a major international commercial centre, Singapore has made giant leaps to cater to the demands of business for cheaper, quicker and, at times, confidential dispute resolution. It has positioned itself as a competitive arbitration centre to match that of London and Hong Kong. Major law firms in Singapore now offer arbitration services, and institutions with state-of-the-art hearing facilities are in place to meet the arbitration needs of disputants.

For smaller claims, mediation has been promoted as an alternative method of resolving disputes. The State Courts via their Primary Dispute Resolution Centre and the Singapore Mediation Centre are the two main mediation avenues. The rest are initiatives spearheaded by the Government or industry namely Maintenance of Parents Tribunal, Community Mediation Centre and Consumers’ Association of Singapore.

(a) The Supreme Court[1]

The Supreme Court is made up of the Court of Appeal and the High Court, and hears both civil and criminal matters. Led by the Honourable the Chief Justice Sundaresh Menon, the Supreme Court Bench consists of the Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court.

The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases involving capital offences or cases involving imprisonment terms that exceed 10 years. Generally, except in probate matters, a civil case must be commenced in the High Court if the value of the claim exceeds $250,000. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3,000,000 or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings involving assets of S$1,500,000 or more are also heard in the High Court.

Since 2002, various specialised courts like the Admiralty Court, the Intellectual Property Court and the Arbitration Court have also been set up in the Supreme Court in response to the increasing complexity of commercial cases reaching the judiciary. The establishment of dedicated specialist commercial courts underscores the Supreme Court´s depth of expertise and experience in these areas, and its commitment to position and promote Singapore as a premier centre for dispute resolution and as a jurisdiction of choice for the resolution of both domestic and international commercial disputes.

(b) State Courts of Singapore

The Judiciary is one of the three constitutional pillars of government along with the Legislature and the Executive. As an Organ of State, the Judiciary's function is to independently administer justice. The Chief Justice is the head of the Judiciary which comprises the Supreme Court and the State Courts (originally called Subordinate Courts).

The State Courts of Singapore include the District Courts, the Magistrates´ Courts, the Specialised Courts (i.e. Family Courts, Juvenile Courts, etc.) and the Small Claims Tribunals. As a critical component of the Judiciary, the State Courts handle more than 95% of the Judiciary's caseload.

The Chief District Judge has overall responsibility for the administration of the State Courts. The Chief District Judge leads a team of Judicial Officers who adjudicate on cases brought before the State Courts. He is assisted administratively by the Registrar who is also concurrently the Deputy Chief District Judge.

3. The President

Roles and Responsibilities

The President of Singapore is the Head of State.

Prior to 30 November 1991, the President was a titular Head of State with a largely ceremonial role. On 30 November 1991, the Constitution of the Republic of Singapore was amended to make the President’s office an elected office with discretionary powers relating to the safeguarding of national reserves and the appointment of key personnel in the public sector and certain Government companies. Broadly, the roles and responsibilities of the President can be categorised as follows:

(a) Constitutional

The powers of the Elected President are set out in the Constitution of the Republic of Singapore and these powers largely fall into two categories - discretionary powers and non-discretionary powers.

(b) Discretionary Powers

The President has the power to veto or disagree with the Government’s proposals in the following areas:

• Use of Past Reserves – i.e. Reserves not accumulated by the Government during its current term of office

• Appointment and removal of key office holders in the public service and in the statutory boards and Government companies, which are listed in the Fifth Schedule to the Constitution

• Changes to investment powers of the Central Provident Fund Board

• Restraining Orders under the Maintenance of Religious Harmony Act (Cap. 167A)

• Continued detention under the Internal Security Act (Cap. 143)

• Refusal of investigations by the Corrupt Practices Investigation Bureau (CPIB)

The President’s discretionary powers provide an important check and balance to the Government with regard to preventing the misuse of the nation’s reserves and ensuring that the public service is impartial.

The President must consult the Council of Presidential Advisers (CPA) on matters relating to Past Reserves and the appointment and removal of key office holders (Article 21(3) of the Constitution). On other areas involving the President’s discretionary powers, consultation of CPA is optional (Article 21(4) of the Constitution).

If the President vetoes (i) the Government’s budget (on the basis that it is likely to lead to a draw on Past Reserves) or (ii) the appointment/removal of any key office holder, and the President’s decision is contrary to CPA’s advice, Parliament may overrule the President’s decision with a two-thirds majority vote.

On other matters involving the President’s discretionary powers, the President’s decision is final.

(c) Protection of Past Reserves

The President acts as the guardian of Past Reserves – reserves that were accumulated before the current term of the Government, including reserves accumulated by key statutory boards and Government companies (SBGC) listed under the Fifth Schedule to the Constitution.

SBGCs include GIC Pte Ltd, Temasek Holdings Pte Ltd, the Housing and Development Board (HDB), Monetary Authority of Singapore (MAS), Central Provident Fund Board (CPFB) and Jurong Town Corporation (JTC).

The President may exercise his discretionary power and veto any budget or specific transaction (such as the giving of guarantees or raising of loans) of the Government or a Fifth Schedule SBGC if, in his opinion, the proposed budget or transaction is likely to lead to a draw on the Past Reserves.

The President does not direct the operations or the investment strategies of the Government or the Fifth Schedule SBGCs. However, in the case of the CPF Board, the President can veto any Bill passed by the Parliament that directly or indirectly affects the Board’s investment powers.

(d) Appointment of Key Office Holders

In the interest of ensuring the impartiality of the public sector, the President has the discretionary power to veto the appointment or removal of —

key office holders in the public service listed in Article 22 of the Constitution (such as the Chief Justice, Judges of the Supreme Court, Attorney-General, Auditor-General, Director of Corrupt Practices Investigation Bureau, Chairman and members of the Public Service Commission, Chief of Defence Force and Commissioner of Police);

any chairman, board member or chief executive officer of a Fifth Schedule statutory board (Article 22A of the Constitution); and

any director or chief executive officer of a Fifth Schedule Government company (Article 22C of the Constitution)

(e) ISA detention orders, CPIB investigations and restraining orders in relation to maintenance of religious harmony

The continued detention of a person under the Internal Security Act (ISA) requires the President’s concurrence if the Government disagrees with the recommendation of the advisory board (established under the ISA) that the person be released (Article 151(4) of the Constitution).

Investigations by the Corrupt Practices Investigation Bureau (CPIB) may be carried on with the President’s concurrence under Article 22G of the Constitution notwithstanding that the Prime Minister does not consent to such investigations.

Restraining orders made under the Maintenance of Religious Harmony Act (MRHA) must subsequently be confirmed by the President. The President also has the power under Article 22I of the Constitution to cancel or vary a restraining order if the advice of the Cabinet on the matter differs from the recommendation of the Presidential Council for Religious Harmony (established under the MRHA).

(f) Non-discretionary Powers[2]

Non-discretionary powers of the President refer to matters in which the President has no discretion and must act in accordance with the advice of the Cabinet or a Minister. For example, the President must act in accordance with the Cabinet's advice regarding the pardon of a person convicted of an offence. The President must also act in accordance with the Prime Minister's advice on the appointment of Ministers.

(g) Ceremonial

As the Ceremonial Head of State, the President is the symbolic figure representing Singapore at ceremonies and internationally.

(h) Foreign Relations

All foreign ambassadors-designate and high commissioners-designate will present their credentials to the President before assuming office in Singapore. The President also presents letters of credence to ambassadors-designate and high commissioners-designate of Singapore before they leave to assume office overseas.

The President promotes friendship and economic ties between Singapore and other countries by hosting and engaging visiting dignitaries and making State Visits overseas.

A meeting between countries at the Head of State level is the highest form of a diplomatic exchange. Such exchanges promote international and bilateral trade and investments, and cooperation in various areas such as defence, education, research and development, and arts and culture, to open doors to opportunities around the world that Singaporeans can tap on.

(i) Officiating at State Events & Conferment of National Awards

As the highest office of the land, the Presidency is vested with several ceremonial functions.

Each Parliament session is opened by the President who will deliver a Presidential address laying out the key challenges for each term of government.

The President officiates at swearing-in ceremonies of key appointment-holders such as the Prime Minister, Cabinet Ministers, the Chief Justice and Judges of the Supreme Court.

The annual National Day Parade is officiated by the President.

The President also confers awards, such as the National Day Awards, on the advice of the Cabinet.

(j) Community[3]

The President may use the influence of his position to support charitable and social causes, such as sports, volunteerism, social entrepreneurship, culture and the arts. The President's Challenge championed by the President is one such example.

The President is often invited to grace events organised by grassroots, community and welfare groups, ethnic and religious celebrations and social activities.

The Istana is open to the public on national festivities such as the Chinese New Year, Hari Raya Puasa, Deepavali, Labour Day and National Day. President will interact with members of the public during these open houses.

(k) Awards

The President lends his name to awards in recognition of excellence achieved in various fields, which are of importance to our nation and society and to encourage the development of our youths.

(l) Presidential office

(i) Council of Presidential Advisors

The Constitution of Singapore was amended in 1991 to give the Elected President custodial and discretionary powers to safeguard the reserves of the Government, which were not accumulated by the Government during its current term of office. The Constitutional amendments, which came into effect on 30 November 1991, also provided for a Council of Presidential Advisers (CPA) to advise the President in the exercise of his custodial and discretionary powers. It is obligatory for the President to consult the Council before he vetoes the budgets of the Government and key government-linked bodies and the appointments of government nominees to key posts.

The Council comprises six members and two alternate members. Two members are appointed by the President at his discretion; two are the Prime Minister's nominees; one is the Chief Justice's nominee; and one is the nominee of the Chairman of the Public Service Commission. One alternate member is appointed by the President at his discretion while the other is appointed by the President on the advice of the Prime Minister, in consultation with the Chief Justice and Chairman of Public Service Commission.

Members are appointed on a six-year term on their first appointment. They are eligible for re-appointment for further terms of four years each. Alternate members are appointed on a four-year term.

The present Chairman of the CPA is Mr J Y Pillay. The other members are Mr S Dhanabalan, Mr Po'ad Bin Shaik Abu Bakar Mattar, Mr Goh Joon Seng, Mr Bobby Chin Yoke Choong and Mr Lee Tzu Yang. The two alternate members are Mr Lim Chee Onn and Mr Stephen Lee Ching Yen.

As Chairman of the Council of Presidential Advisers, Mr Pillay exercises the functions of the office of the President in the absence of the President. If he is unavailable, this duty then falls on the Speaker of Parliament.

(ii) Role of the CPA

The CPA advises the President in the exercise of his discretionary veto powers. The President must consult the CPA in the exercise of any of his discretionary powers in connection with appointments and the reserves. It is optional for the President to consult the CPA as regards other areas where he has discretionary powers.

CPA proceedings are private. The CPA may ask public officers to furnish information. Should any public officer appear before the CPA, the officer is prohibited by the Constitution from disclosing his discussions before the CPA with anyone else.

(iii) Members of Council of Presidential Advisers

Chairman – Mr J Y Pillay

Member – Mr S Dhanabalan

Member – Mr Po'ad Bin Shaik Abu Bakar Mattar

Member – Mr Goh Joon Seng

Member – Mr Bobby Chin Yoke Choong

Member – Mr Lee Tzu Yang

Alternate Member – Mr Lim Chee Onn

Alternate Member – Mr Stephen Lee Ching Yen

(iv) Other Presidential Councils (Presidential Council for Minority Rights)

The Presidential Council for Minority Rights has its origins in 1970 when it was established as the Presidential Council under the Constitution. In 1973, the Council was renamed to its present name.

The Council examines all legislation to ensure that they are not disadvantageous to any racial or religious community as compared to other such communities. Its report on such legislation is presented to Parliament. In addition, the Council also considers matters affecting any racial or religious community that are referred to it by Parliament or the Government.

In its advisory capacity, the Council advises the President on nominations of appointees to the Presidential Council for Religious Harmony (under the Maintenance of Religious Harmony Act), the Malay Community Committee, and the Indian and Other Minorities Communities Committee (under the Parliamentary Elections Act).

Members of the Council are appointed by the President on the advice of the Cabinet. Currently, the Council has 16 Members comprising the Chairman, six permanent Members and nine other Members, as follows:

Chairman:

The Honourable Chief Justice Sundaresh Menon

Permanent Members:

Tuan Haji Othman bin Wok

Mr Goh Chok Tong, Emeritus Senior Minister

Mr S Dhanabalan

Mr Lee Hsien Loong, Prime Minister

Mr K Shanmugam, Minister for Foreign Affairs and Minister for Law

Other Members:

Mr VK Rajah, Attorney-General

Mr J Y Pillay

His Grace Archbishop William Goh Seng Chye

Mr Othman Haron Eusofe

Mr Timothy James de Souza

Mr Abdullah Tarmugi

Prof Chan Heng Chee

Mr Barry Desker

Mr Philip Jeyaretnam

Mr Surjit Singh s/o Wazir Singh

Shaikh Syed Isa bin Mohamed Semait

Venerable Sik Kwang Sheng

(v) Presidential Council for Religious Harmony

The Presidential Council for Religious Harmony is set up under the Maintenance of Religious Harmony Act (MRHA). The Chairman and members are appointed by the President of the Republic of Singapore.

The Council gives its advice to the Minister for Home Affairs on matters affecting the maintenance of religious harmony in Singapore which are referred to it by the Minister or by Parliament, and considers and makes recommendations to the President on restraining orders issued under the Act.

The Council can number from six to fifteen members, excluding the Chairman. The Council serves a three-year term.

The Chairman and members of the Council are:

Chairman:

Mr Goh Joon Seng

Members:

Venerable Seck Kwang Phing (Buddhist Representative)

His Grace Archbishop William Goh (Roman Catholic Representative)

Mr Rajendran s/o Sinnathamby (Hindu Representative)

Mufti Dr Mohamed Fatris Bakaram (Muslim Representative)

Mr Lim Khay Tham (Protestant Christian Representative)

Mr Surjit Singh s/o Wazir Singh (Sikh Representative)

Associate Professor Lee Cheuk Yin (Taoist Representative)

Mr Wee Heng Tin (Layperson)

Ms Lai Siu Chiu (Layperson)

(vi) Aides-de-Camp

The term "Aide-de-Camp' is of French origin, meaning 'camp or field assistant'. The ADC was originally a military assistant in the field to a Sovereign, Chief of State, or General. They transmitted orders and supervised operations in the name of their commander, and even exercised delegated authority on occasions.

In modern day, the ADC is an officer of the armed forces who serves as a personal assistant to the President, Head of State, General, Admiral, or other high-ranking commanders. Compared to the military importance and tasks of ADCs in 19th Century armies, the role of ADCs today have changed to become mainly those of rendering personal assistance and acting as confidential secretaries to their commanders.

In some countries, the ADC to the sovereign or Head of State is an honorary position. In others, ADCs have more detailed and important duties. In most countries, the tour of duty of an ADC is between two and four years, and it is usually required that an ADC appointee has served several years with troops previously.

Currently, the President of the Republic of Singapore has three full-time ADCs. The full-time ADCs are assisted by a corps of Honorary ADCs from the Singapore Armed Forces, the Singapore Police Force and the Singapore Civil Defence Force at major events.

The full-time ADCs to the President attend to the general administration, security and social needs of the President, and accompany him whenever he attends, presides, or is involved in State functions, gatherings, ceremonies or occasions of ceremonial or charitable/social nature. They are responsible for the co-ordination, planning, execution and follow-up of all of President’s events, both locally and for overseas visits.

Honorary ADCs assist the full-time ADCs in the discharge of their duties to the President. They help in areas such as receiving guests and serving as liaison officers for VIPs or as emcees at official events, to ensure the smooth running of these functions.

(vii) The Aiguillette

Internationally, Aides-de-Camp may be identified by the thick distinctive cords worn across their right shoulder, called aiguillettes. The aiguillettes are plaited cords ending at two points called aglets. Historically, the aglets were used by knights to fasten the plates of their armour together. Aiguillettes are worn on the right shoulder by officers of certain appointments only. They include:

Chief of Defence Force in the Singapore Armed Forces

Commissioner of Police in the Singapore Police Force

Commissioner in the Singapore Civil Defence Force

Aides-de-Camp to the President

Honorary Aides-de-Camp to the President

In Singapore, ADCs from the Singapore Armed Forces and the Singapore Civil Defence Force wear gold aiguillettes, while those from the Singapore Police Force wear silver aiguillettes.

(viii) Civil List

The Civil List provides the funds to maintain the President’s Office, including salaries of the President and his personal staff, and operational expenditures, such as the costs of running events and functions.

The Civil List of the President of the Republic of Singapore, which is provided for under the Constitution (Article 22J) to enable the President to perform his functions, shall not be diminished during the continuance in office of the President.

(ix) Presidents of Singapore[4]

1965 to 1970: Mr Yusof bin Ishak

1971 to 1981: Mr Benjamin Sheares

1981 to 1985: Mr Devan Nair

1985 to 1993: Mr Wee Kim Wee

1993 to 1999: Mr Ong Teng Cheong

1999 to 2011: Mr S R Nathan

2011 to Present: Dr Tony Tan Keng Yam

4. Singapore Legal System[5]

Although Singapore’s legal system has its root in the common law, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating, are set out in the Penal Code.

Penal Code[6]

REVISED EDITION 2008 – 30TH NOVEMBER 2008

(CHAPTER 224)

(Original Enactment: Ordinance 4 of 1871)

(numerals as section number)

1. Short title

2. Punishment of offences committed within Singapore

3. Punishment of offences committed beyond, but which by law may be tried within Singapore

4. Jurisdiction over public servants for offences committed outside Singapore

5. Certain laws not to be affected by this Code

Chapter II

GENERAL EXPLANATIONS

6. Definitions in this Code to be understood subject to exceptions

7. Expression once explained is used in the same sense throughout this Code

8. "Gender"

9. "Number"

10. "Man" and "woman"

11. "Person"

12. "Public"

17. “Government”

19. “Judge”

20. “Court of justice”

21. “Public servant”

22. “Movable property”

23. “Wrongful gain” and “wrongful loss”

24. “Dishonesty”

25. “Fraudulent”

26. “Reason to believe”

27. Property in possession of spouse, clerk or servant

28. “Counterfeit”

29. “Document”

29A. “Writing”

29B. “Electronic Record”

30. “Valuable security”

31. “A will”

31A. “Die” and “instrument”

32. Words referring to acts include illegal omissions

33. “Act” and “omission”

34. Each of several persons liable for an act done by all, in like manner as if done by him alone

35. When such an act is criminal by reason of its being done with a criminal knowledge or intention

36. Effect caused partly by act and partly by omission

37. Co-operation by doing one of several acts constituting an offence

38. Several persons engaged in the commission of a criminal act may be guilty of different offences

39. "Voluntarily"

40. "Offence"

41. Offence with specified term of imprisonment

42. "Obscene"

43. "Illegal", "unlawful" and "legally bound to do"

44. "Injury"

45. "Life"

46. "Death"

47. "Animal"

48. “Vessel”

49. “Year” and “month”

50. “Section”

51. “Oath”

52. “Good faith”

CHAPTER III

PUNISHMENTS

53. Punishments

54. Imprisonment for life

57. [Repealed]

71. [Repealed]

72. Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which

73. Enhanced penalties for offences against domestic maids

74. Enhanced penalties for racially or religiously aggravated offences

75. Punishment of persons convicted, after a previous conviction, of an offence punishable with 3 years’ imprisonment

CHAPTER IV

GENERAL EXCEPTIONS

76. Act done by a person bound, or by mistake of fact believing himself bound by law

77. Act of judge when acting judicially

78. Act done pursuant to the judgment or order of a court of justice

79. Act done by a person justified, or by mistake of fact believing himself justified by law

80. Accident in the doing of a lawful act

81. Act likely to cause harm but done without a criminal intent, and to prevent other harm

82. Act of a child under 7 years of age

83. Act of a child above 7 and under 12 years of age, who has not sufficient maturity of understanding

84. Act of a person of unsound mind

85. Intoxication when a defence

86. Effect of defence of intoxication when established

87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent

88. Act not intended to cause death done by consent in good faith for the benefit of a person

89. Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian

90. Consent given under fear or misconception, by person of unsound mind, etc., and by child

91. Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89

92. Act done in good faith for the benefit of a person without consent

93. Communication made in good faith

94. Act to which a person is compelled by threats

95. Act causing slight harm

Right of private defence

96. Nothing done in private defence is an offence

97. Right of private defence of the body and of property

98. Right of private defence against the act of a person of unsound mind, etc.

99. Acts against which there is no right of private defence

100. When the right of private defence of the body extends to causing death

101. When such right extends to causing any harm other than death

102. Commencement and continuance of the right of private defence of the body

103. When the right of private defence of property extends to causing death

104. When such right extends to causing any harm other than death

105. Commencement and continuance of the right of private defence of property

106. Right of private defence against a deadly assault when there is risk of harm to an innocent person

CHAPTER V

ABETMENT

107. Abetment of the doing of a thing

108. Abettor

108A. Abetment in Singapore of an offence outside Singapore

108B. Abetment outside Singapore of an offence in Singapore

109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

110. Punishment of abetment if the person abetted does the act with a different intention from that of the abettor

111. Liability of abettor when one act is abetted and a different act is done

112. Abettor, when liable to cumulative punishment for act abetted and for act done

113. Liability of abettor for an offence caused by the act abetted different from that intended by the abettor

114. Abettor present when offence committed

115. Abetment of an offence punishable with death or imprisonment for life

116. Abetment of an offence punishable with imprisonment

117. Abetting the commission of an offence by the public or by more than 10 persons

118. Concealing a design to commit an offence punishable with death or imprisonment for life

119. A public servant concealing a design to commit an offence which it is his duty to prevent

120. Concealing a design to commit an offence punishable with imprisonment

CHAPTER VA

CRIMINAL CONSPIRACY

120A. Definition of criminal conspiracy

120B. Punishment of criminal conspiracy

CHAPTER VI

OFFENCES AGAINST THE STATE

121. Waging or attempting to wage war or abetting the waging of war against the Government

121A. Offences against the President’s person

121B. Offences against authority

121C. Abetting offences under section 121A or 121B

121D. Intentional omission to give information of offences against section 121, 121A, 121B or 121C by a person bound to inform

122. Collecting arms, etc., with the intention of waging war against the Government

123. Concealing with intent to facilitate a design to wage war

124. Assaulting President, etc., with intent to compel or restrain the exercise of any lawful power

125. Waging war against any power in alliance or at peace with Singapore

126. Committing depredation on the territories of any power in alliance or at peace with Singapore

127. Receiving property taken by war or depredation mentioned in sections 125 and 126

128. Public servant voluntarily allowing prisoner of State or war in his custody to escape

129. Public servant negligently suffering prisoner of State or war in his custody to escape

130. Aiding escape of, rescuing, or harbouring such prisoner

130A. “Harbour”

CHAPTER VIA

PIRACY

130B. Piracy by law of nations. Cf. 12 and 13 Victoria c. 96 (Admiralty Offences (Colonial) Act 1849)

130C. Piratical acts

CHAPTER VIB

GENOCIDE

130D. Genocide

130E. Punishment for genocide

CHAPTER VII

OFFENCES RELATING TO ARMED FORCES

131. Abetting mutiny, or attempting to seduce an officer or a serviceman from his duty

132. Abetment of mutiny, if mutiny is committed in consequence thereof

133. Abetment of an assault by an officer or a serviceman on his superior officer, when in the execution of his office

134. Abetment of such assault, if the assault is committed

135. Abetment of the desertion of an officer or a serviceman

136. Harbouring a deserter

137. Deserter concealed on board merchant vessel through negligence of master

138. Abetment of act of insubordination by an officer or a serviceman

139. Saving

140. Wearing the dress of a serviceman

140A. “Harbour”

140B. Application of Chapter VII to Singapore Police Force

CHAPTER VIII

OFFENCES RELATING TO UNLAWFUL ASSEMBLY

141. Unlawful assembly

142. Being a member of an unlawful assembly

143. Punishment

144. Joining an unlawful assembly armed with any deadly weapon

145. Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse

146. Force used by one member in prosecution of common object

147. Punishment for rioting

148. Rioting, armed with a deadly weapon

149. Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object

150. Hiring, or conniving at hiring, of persons to join an unlawful assembly

151. Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse

151A. [Repealed]

152. Assaulting or obstructing public servant when suppressing riot, etc.

153. Wantonly giving provocation, with intent to cause riot

154. Owner or occupier of land on which an unlawful assembly is held

155. Liability of person for whose benefit a riot is committed

156. Liability of agent of owner or occupier for whose benefit a riot is committed

157. Harbouring persons hired for an unlawful assembly

158. Being hired to take part in an unlawful assembly or riot

159. [Repealed]

160. [Repealed]

CHAPTER IX

OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. Public servant taking a gratification, other than legal remuneration, in respect of an official act

162. Taking a gratification in order, by corrupt or illegal means, to influence a public servant

163. Taking a gratification, for the exercise of personal influence with a public servant

164. Punishment for abetment by public servant of the offences above defined

165. Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant

166. Public servant disobeying a direction of the law, with intent to cause injury to any person

167. Public servant framing an incorrect document or electronic record with intent to cause injury

168. Public servant unlawfully engaging in trade

169. Public servant unlawfully buying or bidding for property

170. Personating a public servant

171. Wearing garb or carrying token used by public servant, with fraudulent intent

CHAPTER X

CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

172. Absconding to avoid arrest on warrant or service of summons, etc., proceeding from a public servant

173. Preventing service of summons, etc., or preventing publication thereof

174. Failure to attend in obedience to an order from a public servant

175. Omission to produce a document or an electronic record to a public servant by a person legally bound to produce such document or electronic record

176. Omission to give notice or information to a public servant by a person legally bound to give such notice or information

177. Furnishing false information

178. Refusing oath when duly required to take oath by a public servant

179. Refusing to answer a public servant authorised to question

180. Refusing to sign statement

181. False statement on oath to public servant or person authorised to administer an oath

182. False information, with intent to cause a public servant to use his lawful power to the injury of another person

183. Resistance to the taking of property by the lawful authority of a public servant

184. Obstructing sale of property offered for sale by authority of a public servant

185. Illegal purchase or bid for property offered for sale by authority of a public servant

186. Obstructing public servant in discharge of his public functions

187. Omission to assist public servant when bound by law to give assistance

188. Disobedience to an order duly promulgated by a public servant

189. Threat of injury to a public servant

190. Threat of injury to induce any person to refrain from applying for protection to a public servant

CHAPTER XI

FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

191. Giving false evidence

192. Fabricating false evidence

193. Punishment for false evidence

194. Giving or fabricating false evidence with intent to procure conviction of a capital offence

195. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment

196. Using evidence known to be false

197. Issuing or signing a false certificate

198. Using as a true certificate one known to be false in a material point

199. False statement made in any declaration which is by law receivable as evidence

200. Using as true any such declaration known to be false

201. Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender

202. Intentional omission to give information of an offence, by person bound to inform

203. Giving false information respecting an offence committed

204. Destruction of document or electronic record to prevent its production as evidence

204A. Obstructing, preventing, perverting or defeating course of justice

204B. Bribery of witnesses

205. False personation for the purpose of any act or proceeding in a suit

206. Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree

207. Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree

208. Fraudulently suffering a decree for a sum not due

209. Fraudulently or dishonestly making a false claim before a court of justice

210. Fraudulently obtaining a decree for a sum not due

211. False charge of offence made with intent to injure

212. Harbouring an offender

213. Taking gifts, etc., to screen an offender from punishment

214. Offering gift or restoration of property in consideration of screening offender

215. Taking gift to help to recover stolen property, etc.

216. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered

216A. Harbouring robbers or gang-robbers, etc.

216B. “Harbour”

217. Public servant disobeying a direction of law with intent to save person from punishment or property from forfeiture

218. Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture

219. Public servant in a judicial proceeding making an order, etc., which he knows to be contrary to law

220. Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law

221. Intentional omission to apprehend on the part of a public servant bound by law to apprehend

222. Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice

223. Escape from confinement negligently suffered by a public servant

224. Resistance or obstruction by a person to his lawful apprehension

225. Resistance or obstruction to the lawful apprehension of another person

225A. Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for

225B. Resistance or obstruction to lawful apprehension, or escape, or rescue, in cases not otherwise provided for

225C. Offences against laws of Singapore where no special punishment is provided

226. Unlawful return from banishment

227. [Repealed]

228. Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding

229. Personation of an assessor

CHAPTER XII

OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

230. “Coin” and “current coin”

231. Counterfeiting coin

232. Counterfeiting current coin

233. Making or selling instrument for counterfeiting coin

234. Making or selling instrument for counterfeiting current coin

235. Possession of instrument or material for the purpose of using the same for counterfeiting coin

236. Abetting in Singapore the counterfeiting out of Singapore of coin or current coin

237. Import or export of counterfeit coin

238. Import or export of counterfeits of current coin

239. Delivery to another of coin, possessed with the knowledge that it is counterfeit

240. Delivery of current coin, possessed with the knowledge that it is counterfeit

241. Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be counterfeit

241A. Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be counterfeit

242. Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof

243. Possession of current coin by a person who knew it to be counterfeit when he became possessed thereof

243A. [Repealed]

246. Fraudulently or dishonestly diminishing the weight or altering the composition of any coin

247. Fraudulently or dishonestly diminishing the weight or altering the composition of current coin

248. Altering appearance of any coin with intent that it shall pass as a coin of a different description

249. Altering appearance of current coin with intent that it shall pass as a coin of a different description

250. Delivery to another of coin possessed with the knowledge that it is altered

251. Delivery of current coin possessed with the knowledge that it is altered

252. Possession of altered coin by a person who knew it to be altered when he became possessed thereof

253. Possession of current coin by a person who knew it to be altered when he became possessed thereof

254. Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be altered

254A. Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be altered

255. Counterfeiting a Government stamp

256. Having possession of an instrument or material for the purpose of counterfeiting a Government stamp

257. Making or selling an instrument for the purpose of counterfeiting a Government stamp

258. Sale of counterfeit Government stamp

259. Having possession of a counterfeit Government stamp

260. Using as genuine a Government stamp known to be counterfeit

261. Effacing any writing from a substance bearing a Government stamp, or removing from a document a stamp used for it, with intent to cause loss to Government

262. Using a Government stamp known to have been before used

263. Erasure of mark denoting that stamp has been used

CHAPTER XIII

OFFENCES RELATING TO WEIGHTS AND MEASURES

264. Fraudulent use of false instrument for weighing

265. Fraudulent use of false weight or measure

266. Being in possession of false weights or measures

267. Making or selling false weights or measures

CHAPTER XIV

OFFENCES AFFECTING THE PUBLIC TRANQUILITY, PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

267A. Affray

267B. Punishment for committing affray

267C. Making, printing, etc., document containing incitement to violence, etc.

268. Public nuisance

269. Negligent act likely to spread infection of any disease dangerous to life

270. Malignant act likely to spread infection of any disease dangerous to life

271. Disobedience to a quarantine rule

272. Adulteration of food or drink which is intended for sale

273. Sale of noxious food or drink

274. Adulteration of drugs

275. Sale of adulterated drugs

276. Sale of any drug as a different drug or preparation

277. Fouling the water of a public spring or reservoir

278. Making atmosphere noxious to health

279. Rash driving or riding on a public way

280. Rash navigation of a vessel

281. Exhibition of a false light, mark or buoy

282. Conveying person by water for hire in a vessel overloaded or unsafe

283. Danger or obstruction in a public way or navigation

284. Negligent conduct with respect to any poisonous substance

285. Negligent conduct with respect to any fire or combustible matter

286. Negligent conduct with respect to any explosive substance

287. Negligent conduct with respect to any machinery in the possession or under the charge of the offender

288. Negligence in pulling down or repairing buildings

289. Negligence with respect to any animal

290. Punishment for public nuisance

291. Continuance of nuisance after injunction to discontinue

292. Sale of obscene books, etc.

293. Sale, etc., of obscene objects to young person

294. Obscene songs

CHAPTER XV

OFFENCES RELATING TO RELIGION OR RACE

295. Injuring or defiling a place of worship with intent to insult the religion of any class

296. Disturbing a religious assembly

297. Trespassing on burial places, etc.

298. Uttering words, etc., with deliberate intent to wound the religious or racial feelings of any person

298A. Promoting enmity between different groups on grounds of religion or race and doing acts prejudicial to maintenance of harmony

CHAPTER XVI

OFFENCES AFFECTING THE HUMAN BODY

Offences affecting life

299. Culpable homicide

300. Murder

301. Culpable homicide by causing the death of a person other than the person whose death was intended

302. Punishment for murder

304. Punishment for culpable homicide not amounting to murder

304A. Causing death by rash or negligent act

305. Abetment of suicide of child or insane person

306. Abetment of suicide

307. Attempt to murder

308. Attempt to commit culpable homicide

309. Attempt to commit suicide

310. Infanticide

311. Punishment for infanticide

Causing miscarriage; injuries to unborn children; exposure of infant; and concealment of births

312. Causing miscarriage

313. Causing miscarriage without woman’s consent

314. Death caused by act done with intent to cause miscarriage

315. Child destruction before, at or immediately after birth

316. Causing death of a quick unborn child by an act amounting to culpable homicide

317. Exposure and abandonment of a child under 12 years by parent or person having care of it

318. Concealment of birth by secret disposal of dead body

Hurt

319. Hurt

320. Grievous hurt

321. Voluntarily causing hurt

322. Voluntarily causing grievous hurt

323. Punishment for voluntarily causing hurt

324. Voluntarily causing hurt by dangerous weapons or means

325. Punishment for voluntarily causing grievous hurt

326. Voluntarily causing grievous hurt by dangerous weapons or means

327. Voluntarily causing hurt to extort property or to constrain to an illegal act

328. Causing hurt by means of poison, etc., with intent to commit an offence

329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

330. Voluntarily causing hurt to extort confession or to compel restoration of property

331. Voluntarily causing grievous hurt to extort confession or to compel restoration of property

332. Voluntarily causing hurt to deter public servant from his duty

333. Voluntarily causing grievous hurt to deter public servant from his duty

334. Voluntarily causing hurt on provocation

335. Causing grievous hurt on provocation

336. Punishment for act which endangers life or the personal safety of others

337. Causing hurt by an act which endangers life or the personal safety of others

338. Causing grievous hurt by an act which endangers life or the personal safety of others

339. Wrongful restraint

340. Wrongful confinement

341. Punishment for wrongful restraint

342. Punishment for wrongful confinement

343. Wrongful confinement for 3 or more days

344. Wrongful confinement for 10 or more days

345. Wrongful confinement of person for whose liberation a writ has been issued

346. Wrongful confinement in secret

347. Wrongful confinement for the purpose of extorting property or constraining to an illegal act

348. Wrongful confinement for the purpose of extorting confession or of compelling restoration of property

Criminal force and assault

349. Force

350. Criminal force

351. Assault

352. Punishment for using criminal force otherwise than on grave and sudden provocation

353. Using criminal force to deter a public servant from discharge of his duty

354. Assault or use of criminal force to a person with intent to outrage modesty

354A. Outraging modesty in certain circumstances

355. Assault or criminal force with intent to dishonour otherwise than on grave and sudden provocation

356. Assault or criminal force in committing or attempting to commit theft of property carried by a person

357. Assault or criminal force in attempting wrongfully to confine a person

358. Assaulting or using criminal force on grave and sudden provocation

Kidnapping, abduction, slavery and forced labour

359. Kidnapping

360. Kidnapping from Singapore

361. Kidnapping from lawful guardianship

362. Abduction

363. Punishment for kidnapping

363A. Punishment for abduction

364. Kidnapping or abducting in order to murder

364A. [Repealed]

365. Kidnapping or abducting with intent secretly and wrongfully to confine a person

366. Kidnapping or abducting a woman to compel her marriage, etc.

367. Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.

368. Wrongfully concealing or keeping in confinement a kidnapped person

369. Kidnapping or abducting child under 10 years with intent to steal movable property from the person of such child

370. Buying or disposing of any person as a slave

371. Habitual dealing in slaves

372. Selling minor for purposes of prostitution, etc.

373. Buying minor for purposes of prostitution, etc.

373A. Importing woman for purposes of prostitution, etc.

374. Unlawful compulsory labour Sexual offences

375. Rape

376. Sexual assault by penetration

376A. Sexual penetration of minor under 16

376B. Commercial sex with minor under 18

376C. Commercial sex with minor under 18 outside Singapore

376D. Tour outside Singapore for commercial sex with minor under 18

376E. Sexual grooming of minor under 16

376F. Procurement of sexual activity with person with mental disability

376G. Incest

377. Sexual penetration of a corpse

377A. Outrages on decency

377B. Sexual penetration with living animal

377C. Interpretation of sections 375 to 377B (sexual offences)

377D. Mistake as to age

Theft

378. Theft

379. Punishment for theft

379A. Punishment for theft of a motor vehicle

380. Theft in dwelling-house, etc.

381. Theft by clerk or servant of property in possession of master

382. Theft after preparation made for causing death or hurt in order to commit theft

Extortion

383. Extortion

384. Punishment for extortion

385. Putting person in fear of harm in order to commit extortion

386. Extortion by putting a person in fear of death or grievous hurt

387. Putting person in fear of death or of grievous hurt in order to commit extortion

388. Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.

389. Putting person in fear of accusation of offence, in order to commit extortion Robbery and gang-robbery

390. Robbery

391. Gang-robbery

392. Punishment for robbery

393. Attempt to commit robbery

394. Voluntarily causing hurt in committing robbery

395. Punishment for gang-robbery

396. Gang-robbery with murder

397. Robbery when armed or with attempt to cause death or grievous hurt

399. Making preparation to commit gang-robbery

400. Punishment for belonging to gang-robbers

401. Punishment for belonging to wandering gang of thieves

402. Assembling for purpose of committing gang-robbery

403. Dishonest misappropriation of property

404. Dishonest misappropriation of property possessed by a deceased person at the time of his death

Criminal breach of trust

405. Criminal breach of trust

406. Punishment of criminal breach of trust

407. Criminal breach of trust by carrier, etc.

408. Criminal breach of trust by clerk or servant

409. Criminal breach of trust by public servant, or by banker, merchant, or agent

Receiving stolen property

410. Stolen property

411. Dishonestly receiving stolen property

412. Dishonestly receiving property stolen in the commission of a gang-robbery

413. Habitually dealing in stolen property

414. Assisting in concealment or disposal of stolen property

Cheating

415. Cheating

416. Cheating by personation

417. Punishment for cheating

418. Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect

419. Punishment for cheating by personation

420. Cheating and dishonestly inducing a delivery of property

Fraudulent deeds and dispositions of property

421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors

422. Dishonestly or fraudulently preventing a debt or demand due to the offender from being made available for his creditors

423. Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration

424. Dishonest or fraudulent removal or concealment of property or release of claim

425. Mischief

426. Punishment for committing mischief

427. Committing mischief and thereby causing loss or damage to the amount of $500

428. Mischief by killing or maiming any animal

429. [Repealed]

430. Mischief by injury to works of irrigation or by wrongfully diverting water

430A. Mischief affecting railway engine, train, etc.

431. Mischief by injury to public road, bridge or river

431A. Mischief by injury to telegraph cable, wire, etc.

432. Mischief by causing inundation or obstruction to public drainage, attended with damage

433. Mischief by destroying or moving or rendering less useful a lighthouse or sea-mark

434. Mischief by destroying or moving, etc., a landmark fixed by public authority

435. Mischief by fire or explosive substance with intent to cause damage

436. Mischief by fire or explosive substance with intent to destroy a house, etc.

437. Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden

438. Punishment for the mischief described in section 437 when committed by fire or any explosive substance

439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

440. Mischief committed after preparation made for causing death or hurt

Criminal trespass

441. Criminal trespass

442. House-trespass

443. Lurking house-trespass

444. Lurking house-trespass by night

445. House-breaking

446. House-breaking by night

447. Punishment for criminal trespass

448. Punishment for house-trespass

449. House-trespass in order to commit an offence punishable with death

450. House-trespass in order to commit an offence punishable with imprisonment for life

451. House-trespass in order to commit an offence punishable with imprisonment

452. House-trespass after preparation made for causing hurt, etc.

453. Punishment for lurking house-trespass or house-breaking

454. Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment

455. Lurking house-trespass or house-breaking after preparation made for causing hurt, etc.

456. Punishment for lurking house-trespass by night or housebreaking by night

457. Lurking house-trespass by night or house-breaking by night in order to commit an offence punishable with imprisonment

458. Lurking house-trespass by night or house-breaking by night after preparation made for causing hurt, etc.

458A. Punishment for subsequent offence under section 454 or 457

459. Grievous hurt caused while committing lurking house-trespass or house-breaking

460. Lurking house-trespass by night or house-breaking by night when death or grievous hurt is caused

461. Dishonestly breaking open any closed receptacle containing or supposed to contain property

462. Punishment for same offence when committed by person entrusted with custody

CHAPTER XVIII

OFFENCES RELATING TO DOCUMENTS OR ELECTRONIC RECORDS, FALSE INSTRUMENTS, AND TO CURRENCY NOTES AND BANK NOTES

463. Forgery

464. Making a false document or false electronic record

465. Punishment for forgery

466. Forgery of a record of a court of justice, or a public register of births, etc.

467. Forgery of a valuable security or will

468. Forgery for the purpose of cheating

469. Forgery for the purpose of harming the reputation of any person

470. “A forged document” or “a forged electronic record”

471. Using as genuine a forged document or forged electronic record

472. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467

473. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise

473A. Making or possessing equipment for making a false instrument

473B. Making or possessing equipment for making a false instrument with intent to induce prejudice

473C. Meaning of “prejudice” and “induce”

474. Having possession of certain document or electronic record known to be forged, with intent to use it as genuine

475. Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

476. Counterfeiting a device or mark used for authenticating documents or electronic records other than those described in section 467, or possessing counterfeit marked material

477. Fraudulent cancellation, destruction, etc., of a will

477A. Falsification of accounts Currency notes and bank notes

489A. Forging or counterfeiting currency notes or bank notes

489B. Using as genuine forged or counterfeit currency notes or bank notes

489C. Possession of forged or counterfeit currency notes or bank notes

489D. Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes

489E. [Repealed]

CHAPTER XX

OFFENCES RELATING TO MARRIAGE

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

494. Marrying again during the lifetime of husband or wife

495. Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted

496. Marriage ceremony gone through with fraudulent intent without lawful marriage

498. [Repealed]

CHAPTER XXI

DEFAMATION

499. Defamation

500. Punishment for defamation

501. Printing or engraving matter known to be defamatory

502. Sale of printed or engraved substance containing defamatory matter

CHAPTER XXII

CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

503. Criminal intimidation

504. Intentional insult with intent to provoke a breach of the peace

505. Statements conducing to public mischief

506. Punishment for criminal intimidation

507. Criminal intimidation by an anonymous communication

508. Act caused by inducing a person to believe that he will be rendered an object of divine displeasure

509. Word or gesture intended to insult the modesty of a woman

510. [Repealed]

CHAPTER XXIII

ATTEMPTS TO COMMIT OFFENCES

511. Punishment for attempting to commit offences

Type of System

A former British colony, Singapore is a parliamentary republic with a legal system based on English common law. The constitution is based on the pre-independent State of Singapore Constitution, and it was written in 1959 and amended in 1965. There are three branches of government: executive, legislative, and judicial. The judicial branch has a Supreme Court, divided into the Court of Appeal and the High Court, as well as Subordinate Courts and a Constitutional Tribunal. There are several specialized courts, such as a Community Court and a Bail Court, to encourage efficiency and strict case management. The judge decides both legal and factual issues. The jury system was abolished in 1970.

Singapore has one of the highest execution rates in the world, and a significant number of those executed include foreign nationals. Many narcotics offenses carry a mandatory death penalty sentence, and many vandalism offenses require a mandatory caning sentence. There are also strict penalties for crimes related to various guns and weapons. Jaywalking and littering are also considered crimes.

Sources of Defendants' Rights

The Criminal Procedure Code provides that the defendant must have the charges read and explained to him as soon as the prosecution frames its case. Defendants have the right to a fair trial in front of a judge. There are no jury trials. Defendants have the right to be present at the trial, have a presumption of innocence, and a right of appeal in most cases. (Note an Exception to the Presumption of Innocence: In narcotics cases, the drug act places the burden on the defendant to prove he was not in possession, custody, or control of the substance. )

Defendants' Rights

Pre-Trial

Criminal cases are heard in the Subordinate Courts and the High Court. More serious offenses are generally heard in the High Court. Accused people may plead guilty or claim trial. If the accused person expresses genuine remorse, a mitigation plea followed by a timely guilty plea can mitigate sentencing.

Trial

There are no jury trials and counsel is only provided by the government for death penalty cases. The Criminal Legal Aid Scheme (CLAS) founded by the Law Society of Singapore provides some representation for people who claim trial. There is a high prosecutorial success rate in Singapore. There is also concern about evidentiary procedures in criminal proceedings, notably the lack of discovery and the questionability of witness statements recorded by police.

Post-Conviction

Criminal cases heard in the Subordinate Court may appeal to the High Court. Criminal cases, usually more serious offenses, heard in the High Court may be appealed to the Court of Appeal.

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QUICK FACTS

• Mid-2009 Prison Population: 12,944 (national prison administration, via Asian and Pacific Conference of Correctional Administrators)
• Official Prison Capacity: 13, 876 (92% occupancy level)
• Mid-2009 Prison Population Composition: 16.3% foreign prisoners, 15.4% pre-trial detainees/remand prisoners, 9.8% female prisoners, 4.7% juveniles/minors/young prisoners (2007 average)