Foreign National Emblems (Control of Display) Act 1949

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 control the display of foreign national emblems.

[Act 29 of 2022 wef 01/08/2023]

[13 May 1965]

Short title

1. This Act is the Foreign National Emblems (Control of Display) Act 1949.

[Act 29 of 2022 wef 01/08/2023]

Interpretation

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

[Deleted by Act 29 of 2022 wef 01/08/2023]

“foreign national emblem” means any flag, banner or other emblem being or purporting to be the flag, banner or other emblem of any state, or the flag, banner or other emblem of any political organisation claiming to be a national movement in any state or any likeness or resemblance however reproduced of any national leader or former national leader of any state or the leader or former leader of any such political organisation;

[Act 29 of 2022 wef 01/08/2023]

“premises” means any land, building, vessel, vehicle or place whatsoever;

“school” means any premises or any part of any premises where persons are habitually taught whether in one or more classes;

“state” means any state or country, other than Singapore, and includes any dependency, possession or part of any state.

Display of foreign national emblems in public or at schools prohibited

3.—(1) No person shall display in public or at or within any school any foreign national emblem.

[Act 29 of 2022 wef 01/08/2023]

(2) For the purposes of this section, an emblem shall be deemed to be displayed in public if it is displayed in any road, street, bridge, passage, footway or place over which the public or any class of the public has a right of way or to which the public has access, whether on payment or otherwise, or if it is displayed in such manner as to be visible from any such road, street, bridge, passage, footway or place by any member of the public using the same or being therein.

[Act 29 of 2022 wef 01/08/2023]

Exceptions

4. Nothing in section 3 shall apply to —

(a)

the display of any foreign national emblem of the state of which he is a national by any of the following persons:

(i)	any person duly accredited as a diplomatic representative of a foreign power or as a consular representative of a foreign power to Singapore to whom an exequatur or provisional or other authorisation has been granted by the Government;
(ii)	any person in the service of a Commonwealth Government or the government of any British dependency or possession or of the Republic of Ireland and officially recognised as representing that government in Singapore;
(iii)	any person upon whom the immunities and privileges referred to in Part 2 or Part 3 of the Second Schedule to the International Organisations (Immunities and Privileges) Act 1948 have been conferred under that Act; or [Act 29 of 2022 wef 01/08/2023]

(b)

the display of any foreign national emblem on any ship or aircraft.

[16/2016]

[Act 29 of 2022 wef 01/08/2023]

Exemptions

5. The Minister may, by order published in the Gazette or by a permit in writing, exempt from section 3 the display of any foreign national emblem specified in the order or permit, and that order or permit may regulate the manner of that display and the period during which that display may be permitted.

[Act 29 of 2022 wef 01/08/2023]

Arrest without warrant

6. Any police officer may arrest without warrant any person whom he has reasonable cause to believe has committed or is committing an offence.

Power of entry and search

7. Any police officer may enter any premises where any foreign national emblem is displayed contrary to the provisions of this Act or of the terms or conditions of any order or permit made or given under section 5 or any school in which he has reasonable cause to believe that an offence is being or has been committed and may search any premises or school so entered or any part thereof and may seize any article found therein which he has reasonable cause to believe to be evidence of the commission of any such offence.

[Act 29 of 2022 wef 01/08/2023]

Offences and penalties

8.—(1) Any person who —

(a)	displays any foreign national emblem contrary to the provisions of this Act or of any condition of any order or permit made or given under section 5; or [Act 29 of 2022 wef 01/08/2023]
(b)	being the owner, tenant, lessee, occupier or person in charge of any premises knowingly permits the display of any foreign national emblem on or from those premises or within any school contrary to the provisions of this Act or of any condition of any order or permit made or given under section 5, [Act 29 of 2022 wef 01/08/2023]

shall be guilty of an offence and shall be liable on conviction —

(i)	in the case of a person other than a body corporate to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both; and
(ii)	in the case of a body corporate to a fine not exceeding $1,000.

(2) No prosecution shall be instituted under this Act without the prior consent in writing of the Public Prosecutor.

LEGISLATIVE HISTORY

Foreign National Emblems (Control of Display) Act 1949

formerly known as the National Emblems (Control of Display) Act 1949

This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.

M. Ordinance 69 of 1949—National Emblems (Control of Display) Ordinance, 1949

Commencement

31 December 1949

Application

13 May 1965

Note:

This Ordinance was extended to Singapore by the Modification of Laws (National Emblems) (Extension) Order, 1965 (L.N. 185/1965
(G.N. Sp. No. S 92/1965)) on 13 May 1965.

L.N. 185/1965 (G.N. Sp. No. S 92/1965)—Modification of Laws (National Emblems) (Extension) Order, 1965

Commencement

13 May 1965

Note:

This Order repealed Part IV of the Criminal Law (Temporary Provisions) Ordinance, 1955 (Ordinance 26 of 1955) and extended the Federation of Malaya National Emblems (Control of Display) Ordinance, 1949 (M. Ordinance 69 of 1949) to Singapore.

G.N. No. S 134/1966—Modification of Laws (National Emblems) Order, 1966

Commencement

8 July 1966

1966 Reprint—National Emblems (Control of Display) Ordinance, 1949

Reprint

3 August 1966

1970 Revised Edition—National Emblems (Control of Display) Act (Chapter 255)

Operation

31 July 1971

1985 Revised Edition—National Emblems (Control of Display) Act (Chapter 196)

Operation

30 March 1987

Act 16 of 2016—Statutes (Miscellaneous Amendments) Act 2016

(Amendments made by section 23 of the above Act)

Bill

15/2016

First Reading

14 April 2016

Second and Third Readings

9 May 2016

Commencement

10 June 2016 (section 23)

2020 Revised Edition—National Emblems (Control
of Display) Act 1949

Operation

31 December 2021

Act 29 of 2022—National Symbols Act 2022

(Amendments made by the above Act)

Bill

21/2022

First Reading

2 August 2022

Second and Third Readings

13 September 2022

Commencement

1 August 2023

Abbreviations

(updated on 29 August 2022)

G.N.

Gazette Notification

G.N. Sp.

Gazette Notification (Special Supplement)

L.A.

Legislative Assembly

L.N.

Legal Notification (Federal/Malaysian)

Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia)

Parl.

Parliament

Subsidiary Legislation

S.I.

Statutory Instrument (United Kingdom)

S (N.S.)

Subsidiary Legislation (New Series)

S.S.G.G.

Straits Settlements Government Gazette

S.S.G.G. (E)

Straits Settlements Government Gazette (Extraordinary)