Criminal Law (Temporary Provisions) Act 1955

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to make temporary provisions for the maintenance of public order, the control of supplies by sea to Singapore, and the prevention of strikes and lock‑outs in essential services.

[21 October 1955]

PART 1

PRELIMINARY

Short title

1.—(1) This Act is the Criminal Law (Temporary Provisions) Act 1955.

[S 40/2022]

(2) This Act continues in force for a period of 5 years starting on 21 October 2024.

[Act 18 of 2024 wef 21/10/2024]

(3) The expiry of this Act shall not affect the operation thereof as respects things previously done or omitted to be done.

Interpretation

2. In this Act, unless the subject or context otherwise requires —

“authorised officer” means —

(a)	any police officer or officer of customs;
(b)	any person holding a commission in the Singapore Armed Forces; or
(c)	any authority or any person by name or office appointed by the Minister to be an authorised officer for the purpose of exercising all or any of the powers conferred upon an authorised officer by this Act;

“document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of these means, and includes any banner, emblem or other insignia;

“explosive substance” shall be deemed to include 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;

“police officer” includes any member of the Special Constabulary constituted under Part 8 of the Police Force Act 2004;

“subversive document” means any document which contains —

(a)	any subversive matter;
(b)	any propaganda or matter supporting, propagating or advocating acts prejudicial to the public safety in Singapore or the maintenance of public order therein or inciting to violence therein or counselling disobedience to the law thereof or to any lawful order therein; or
(c)	any reference to or account of any collection of, or any request or demand for, any subscription, contribution or donation, whether in money or in kind, or any request or demand for supplies for the benefit, directly or indirectly, or the use of persons who intend to or are about to act or have acted in a manner prejudicial to the public safety in Singapore or to the maintenance of public order therein or who incite to violence therein or counsel disobedience to the law thereof or any lawful order therein,

and includes any document indicating a connection, association or affiliation with any unlawful society;

“supplies” includes money, food, drink, clothing, rubber, tin or other valuable commodity, any medicine or drug or other medical supplies, and any material or instrument or part thereof for printing, typewriting or duplicating words or objects in visible form.

PART 2

MISCELLANEOUS OFFENCES RELATING TO PUBLIC SAFETY

Supplies

3.—(1) Any person who demands, collects or receives any supplies from any other person in circumstances which raise a reasonable presumption that he intends or is about to act or has recently acted in a manner prejudicial to public safety in Singapore or the maintenance of public order therein or that the supplies so demanded, collected or received are intended for the use of any person who that firstmentioned person knows or has reason to believe intends, or is about, so to act, or has recently so acted, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years.

(2) Any person who is found in possession of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that the supplies are intended for the use of any person who that firstmentioned person knows or has reason to believe intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years.

(3) Any person who provides, directly or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that the firstmentioned person knows or has reason to believe that other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, or that the supplies so provided are intended for the use of any person who intends, or is about, so to act, or has recently so acted, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years.

(4) No person shall be convicted of any offence under subsection (3) if he proves that prior to being charged with or accused of that offence by a police officer or a person in authority he voluntarily gave full information of the offence to a police officer.

(5) In any charge of any offence under any of the provisions of this section, it shall not be necessary to specify the person or persons from whom any supplies were demanded, collected or received or to whom any supplies were provided.

Making and possession of subversive documents

4.—(1) Any person who, without lawful excuse, makes, causes to be made, carries or has in his possession or under his control any subversive document shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years.

(2) Every document purporting to be a subversive document shall be deemed to be a subversive document until the contrary is proved.

(3) Where, in any prosecution under this section, it is proved that a person made, was carrying or had in his possession or under his control a subversive document, he shall be deemed to have known the nature and contents of the document.

(4) No person shall be convicted of an offence under this section if he proves to the satisfaction of the court —

(a)	that he was not aware of the nature or contents of the subversive document which he made, caused to be made, was carrying or had in his possession or under his control; and
(b)	that he made, caused to be made, was carrying or had the subversive document in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document was a subversive document.

PART 3

ILLEGAL STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES

Interpretation of this Part

5. In this Part, unless the context otherwise requires —

“Commissioner” means the Commissioner for Labour, and includes any Deputy or Assistant Commissioner for Labour;

“essential service” means any service, business, trade, undertaking, manufacture or calling included in Part 1 of the First Schedule;

“lock-out” means the closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a trade dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;

“public health service” means —

(a)	any hospital, clinic, sanatorium or other institution for the care of the sick; and
(b)	any system of public conservancy or sanitation;

“strike” means the cessation of work by a body of persons employed in any essential service acting in combination, or a concerted refusal or a refusal under a common understanding of a number of persons who are or who have been so employed to continue to work or to accept employment;

“workman” means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work, and includes, for the purposes of any proceedings under this Part in relation to a trade dispute, a workman discharged during that dispute.

Restrictions on strikes and lock-outs

6.—(1) No workman employed in any of the following essential services shall go on strike:

(a)	water services;
(b)	gas services;
(c)	electricity services.

(2) No workman employed in any essential service, not being an essential service specified in subsection (1), shall go on strike —

(a)	unless at least 14 days before striking he has given to his employer notice of intention to strike as provided by this section;
(b)	before the date of striking specified in the notice of intention to strike; or
(c)	during the pendency of any proceedings.

(3) No employer shall lock out any workman engaged in any essential service specified in subsection (1).

(4) No employer shall lock out any workman engaged in any essential service, not being an essential service specified in subsection (1) —

(a)	unless at least 14 days before locking out he has given to his workmen notice of intention to lock out as provided by this section;
(b)	before the date of locking out specified in the notice of intention to lock out; or
(c)	during the pendency of any proceedings.

(5) The notice referred to in subsection (2) shall —

(a)	be delivered to the employer or his manager;
(b)	be signed by not less than 7 workmen employed by the employer and concerned in the strike, or by 7 representatives of the trade union of which the workmen are members; and
(c)	be in accordance with Form 1 set out in Part 2 of the First Schedule.

(6) The notice referred to in subsection (4) shall —

(a)	be signed by the employer;
(b)	be delivered to a representative of the workmen concerned or to an officer of the trade union to which the workmen belong; and
(c)	be in accordance with Form 2 set out in Part 2 of the First Schedule.

(7) The employer shall cause a copy of the notice referred to in subsection (4) to be posted at 3 conspicuous places in the place of work where the workmen affected thereby are ordinarily employed.

(8) A copy of every notice which is given under subsection (2) or (4) shall be delivered to the Commissioner within 3 days after the notice is given.

(9) Every notice which is given under subsection (2) or (4) shall expire at the end of 30 days from the date of the notice.

(10) In this section, “proceedings” means —

(a)	conciliation proceedings directed by the Commissioner under section 21(2) of the Industrial Relations Act 1960 or by the Minister under section 23(1) of that Act;
(b)	proceedings before an Industrial Arbitration Court in respect of a trade dispute of which that Court has cognizance by virtue of section 31 of the Industrial Relations Act 1960; or
(c)	proceedings before a board of inquiry appointed by the Minister under section 74(1) of the Industrial Relations Act 1960.

Illegal strikes and lock-outs

7. A strike or lock-out shall be deemed to be illegal if it is commenced, declared or continued in contravention of section 6, or of any provision of any other written law.

Lock-out or strike consequent on illegal strike or lock-out

8. A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.

Penalty for illegal strikes and lock-outs

9.—(1) Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) Any employer who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Penalty for instigation

10. Any person who —

(a)	instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Part; or
(b)	instigates or incites others to withhold their labour or services knowing or having reason to believe that the probable consequences of that action will be to endanger human life or the efficient operation of any public health service or cause serious bodily injury or expose valuable property whether real or personal to destruction or serious damage,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Penalty for giving financial aid to illegal strikes or lock‑outs

11. Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock‑out shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Protection of persons refusing to take part in illegal strikes or lock‑outs

12. No person refusing to take part or to continue to take part in any strike or lock‑out which is by this Part declared to be illegal shall be, by reason of the refusal, subject to expulsion from any trade union or society, or to any fine or penalty, or to the deprivation of any right or benefit to which he or his legal personal representatives would otherwise be entitled, or be liable to be placed in any respect, directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in the rules of a trade union or society notwithstanding.