Organised Crime Regulations 2016

No. S 236

Organised Crime Act 2015

(ACT 26 OF 2015)

Organised Crime Regulations 2016

In exercise of the powers conferred by section 81 of the Organised Crime Act 2015, the Minister for Home Affairs makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1.  These Regulations are the Organised Crime Regulations 2016 and come into operation on 1 June 2016.

PART 2

APPEALS AGAINST DECISIONS MADE CONCERNING OCPO OR FRO UPON CONVICTION

Definitions of this Part

2.  In this Part —

“appellate court” means the court to which an appeal against a decision of the original court is or may be made;

“decision of the original court” means a decision of the General Division of the High Court, a District Court or Magistrate’s Court, as the case may be —

(a) to make, or not to make, an OCPO or FRO;

(b) to include, or not to include, any provision in an OCPO or FRO;

(c) to vary, or not to vary, all or any of the provisions in an OCPO or FRO; or

(d) to discharge, or not to discharge, an OCPO or FRO;

[S 1063/2020 wef 02/01/2021]

“Judge” means a Supreme Court Judge, a Judicial Commissioner or a Senior Judge sitting in the General Division of the High Court in accordance with the Constitution and the Supreme Court of Judicature Act (Cap. 322);

[S 1063/2020 wef 02/01/2021]

“Judge sitting in the Court of Appeal” means a Supreme Court Judge, a Judicial Commissioner or a Senior Judge sitting in the Court of Appeal in accordance with the Constitution and the Supreme Court of Judicature Act;

[S 1063/2020 wef 02/01/2021]

“original court” means a court which made any of the decisions mentioned in the definition of “decision of the original court”.

Procedure for appeal

3.  This Part sets out with modifications the provisions of Division 1 of Part XX of the Criminal Procedure Code (Cap. 68) that apply to an appeal under section 34(1) of the Act in relation to an OCPO or FRO which is applied for or made under section 15(2) or 21(2) of the Act, respectively.

Notice of appeal

4.—(1)  A notice of appeal in Form 1 or 2 set out in the Schedule (as the case may be) must be lodged by the appellant or the appellant’s advocate within 14 days after the decision of the original court, with —

(a) the Registrar of the Supreme Court (if the original court is the General Division of the High Court); or

[S 1063/2020 wef 02/01/2021]

(b) the Registrar of the State Courts (if the original court is a District Court or Magistrate’s Court).

(2)  Every notice of appeal must —

(a) state briefly the substance of the decision of the original court;

(b) contain an address at which any notice or document connected with the appeal may be served upon the appellant or the appellant’s advocate; and

(c) unless it is given orally under regulation 8, be signed by the appellant.

(3)  In an appeal by the Public Prosecutor against a decision of the original court which is the General Division of the High Court, the notice of appeal is to be signed by the Public Prosecutor personally.

[S 1063/2020 wef 02/01/2021]

(4)  After the notice of appeal has been lodged in accordance with paragraph (1) by the appellant (not being the Public Prosecutor) or the appellant’s advocate, the Registrar of the Supreme Court or the Registrar of the State Courts (as the case may be) must, as soon as possible, serve on the appellant or the appellant’s advocate at the address mentioned in the notice of appeal, a notice stating that —

(a) a copy each of the record of proceedings and the grounds of decision are available; and

(b) those copies can be obtained by applying for them.

(5)  Subject to paragraph (6), where an application under paragraph (4)(b) is made, and upon payment of such fee as the Registrar of the Supreme Court or the Registrar of the State Courts (as the case may be) may determine, the appellant or the appellant’s advocate must be served with a copy each of the record of proceedings and the grounds of decision.

(6)  The Registrar of the Supreme Court or the Registrar of the State Courts (as the case may be) may, as he or she thinks fit, furnish those copies free of charge in any particular case or class of cases.

(7)  After the notice of appeal has been lodged in accordance with paragraph (1) by the appellant who is the Public Prosecutor, the Registrar of the Supreme Court or the Registrar of the State Courts (as the case may be) must, as soon as possible, serve on the Public Prosecutor a copy each of the record of proceedings and the grounds of decision free of charge.

Petition of appeal

5.—(1)  A petition of appeal in Form 3 or 4 set out in the Schedule (as the case may be) must be lodged by the appellant or the appellant’s advocate within 14 days after service of the record of proceedings and the grounds of decision under regulation 4(5) or (7), with —

(a) the Registrar of the Supreme Court (if the original court is the General Division of the High Court); or

[S 1063/2020 wef 02/01/2021]

(b) the Registrar of the State Courts (if the original court is a District Court or Magistrate’s Court).

(2)  The petition of appeal —

(a) must be signed by the appellant and the appellant’s advocate, if any;

(b) must state briefly the substance of the decision of the original court; and

(c) must contain sufficient particulars of any points of law or of fact for which the appellant claims the original court was in error.

(3)  Subject to regulation 7, if a petition of appeal is not lodged within the time provided under this regulation, the appeal is treated as withdrawn.

(4)  At any time before the petition of appeal is lodged, the appellant or the appellant’s advocate may file with the Registrar of the Supreme Court or the Registrar of the State Courts (as the case may be), a notice of discontinuance of the appeal.

(5)  If the appellant or the appellant’s advocate files a notice of discontinuance under paragraph (4), the appellant or the appellant’s advocate must serve the notice on the Public Prosecutor or respondent (as the case may be) on the date of the filing.

(6)  The appellant or the appellant’s advocate may, after lodging a petition of appeal within the time provided under this regulation, in a notice in writing to the Registrar of the Supreme Court, seek leave of court to withdraw the appeal.

(7)  Except with the leave of the appellate court, the appellant or the appellant’s advocate is not permitted, on the hearing of the appeal, to rely on any ground of appeal other than those set out in the petition of appeal.

Records of court proceedings to be sent to appellate court and respondent

6.  Where the petition of appeal has been filed under regulation 5, the original court must send to the appellate court, and the Public Prosecutor or the respondent or the respondent’s advocate (as the case may be), a copy each of the record of the proceedings, the grounds of decision, the notice of appeal and the petition of appeal.

Appeal allowed in certain cases

7.—(1)  The appellate court may, on the application of any person debarred from appealing against any decision of the original court for non‑compliance with any provision of this Part, permit the person to so appeal if the appellate court considers it to be in the interest of justice.

(2)  The appellate court may, on the application of any of the relevant parties, or any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 28(1), (2) or (3) of the Act, permit an appeal to proceed to hearing without the grounds of decision, if —

(a) the appellate court considers it to be in the interest of justice; and

(b) the hearing of the appeal without the grounds of decision is required for reasons beyond the control of either party to the appeal.

(3)  The permission of the appellate court in paragraph (1) or (2) is subject to such terms and conditions as the appellate court thinks fit.

Procedure when appellant in prison

8.—(1)  If the appellant is a prisoner, the appellant is treated as having complied with the requirements in regulations 4(1) and (2) and 5(1) and (2) if the appellant gives to the officer in charge of the prison, either orally or in writing, a notice of appeal and the particulars to be included in the petition of appeal within the times mentioned in those provisions.

(2)  The officer in charge of the prison must immediately forward such notice and petition, or the main substance of what the appellant intends to be included in such notice and petition, to the Registrar of the Supreme Court or the Registrar of the State Courts, as the case may be.

Summary rejection of appeal

9.—(1)  Where —

(a) the grounds of appeal do not raise any question of law; and

(b) it appears to the appellate court that the evidence is sufficient to support the decision of the original court and there is no material in the circumstances of the case which could raise a reasonable doubt whether the decision was right,

the appeal may, without being set down for hearing, be summarily rejected by an order signed personally by a Judge (where the appellate court is the General Division of the High Court constituted by a single Judge), a presiding Judge (where the appellate court is the General Division of the High Court constituted by 3 or more Judges) or a presiding Judge sitting in the Court of Appeal (where the appellate court is the Court of Appeal), certifying that the appellate court, having perused the record, is satisfied that the appeal has been brought without any sufficient ground of complaint.

[S 1063/2020 wef 02/01/2021]

(2)  Where the appellate court comprises more than one judge, the decision of the appellate court to reject the appeal summarily under paragraph (1) can only be made by a unanimous decision of all the Judges or Judges sitting in the Court of Appeal.

[S 1063/2020 wef 02/01/2021]

(3)  Notice of the rejection must be served on the appellant or the appellant’s advocate.

(4)  If, in any case rejected under paragraph (1), the appellant or the appellant’s advocate gives, within 14 days after the service of the notice of the rejection on the appellant or the appellant’s advocate, notice to the Registrar of the Supreme Court of —

(a) an application for leave to amend the appellant’s grounds of appeal so as to raise a question of law; and

(b) a certificate signed by the appellant’s advocate specifying the question to be raised and an undertaking to argue it,

the Chief Justice (where the appeal is made to the Court of Appeal) or any Judge of the High Court (where the appeal is made to the General Division of the High Court) may grant leave to amend the grounds of appeal accordingly and restore the appeal for hearing.

[S 1063/2020 wef 02/01/2021]

Notice and time of hearing

10.—(1)  If the appellate court does not reject the appeal summarily under regulation 9, it must give notice to the parties to the appeal, and any relevant person, of the time and place at which the appeal will be heard.

(2)  In this regulation and regulation 11, “relevant person” means —

(a) if the respondent is the person against whom an OCPO or FRO is applied for or made — any person who was given an opportunity to make representations in the proceedings relating to the OCPO or FRO by virtue of section 28(1), (2) or (3) of the Act;

(b) if the respondent is any person who was given an opportunity to make representations in the proceedings relating to an OCPO or FRO by virtue of section 28(1), (2) or (3) of the Act — the person against whom the OCPO or FRO is applied for or made.

Appeal to be heard by one or more judges

11.—(1)  An appeal before the General Division of the High Court may ordinarily be heard by a single Judge, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 3 or any greater uneven number of Judges.

[S 1063/2020 wef 02/01/2021]

(2)  An appeal before the Court of Appeal may ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 5 or any greater uneven number of Judges sitting in the Court of Appeal.

[S 1063/2020 wef 02/01/2021]

(3)  An appeal before 3 or more judges must be decided in accordance with the opinion of a majority of them.

[S 1063/2020 wef 02/01/2021]

(4)  If the Public Prosecutor requests in writing —

(a) at any time before the hearing of an appeal before the General Division of the High Court, that the appeal be heard before a court consisting of 3 or any greater uneven number of Judges; or

[S 1063/2020 wef 02/01/2021]

(b) at any time before the hearing of an appeal before the Court of Appeal, that the appeal be heard before a court consisting of 5 or any greater uneven number of Judges sitting in the Court of Appeal,

[S 1063/2020 wef 02/01/2021]

and the Chief Justice consents to the request, the appeal must be heard by such a court.

(5)  In any case, the appellate court may, on its own motion or on the application of the appellant or the respondent, with reasonable notice to the parties to the appeal and the relevant person, bring forward or postpone the hearing of an appeal, on such terms as it thinks fit as to the costs of the appeal.

[S 1063/2020 wef 02/01/2021]

Procedure at hearing

12.—(1)  At the hearing of an appeal, the appellate court must hear —

(a) the appellant or the appellant’s advocate, if the appellant appears; and

(b) if it thinks fit, the respondent or the respondent’s advocate, if the respondent appears,

and must hear the appellant or the appellant’s advocate in reply.

(2)  If the appellant is in custody and does not appear at the hearing to support the appeal in person or by advocate, the appellate court may consider the appeal and may make such order as the appellate court thinks fit.

(3)  If the appellant is not in custody but fails to appear at the hearing of the appeal, the appellate court may dismiss the appeal, except that the appellate court may reinstate the appeal if the appellant subsequently appears before the court and satisfies the appellate court that the non‑appearance was not due to the appellant’s fault.

Non‑appearance of respondent

13.—(1)  If, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under regulation 10 has been duly served on the respondent, the appellate court must not make any order adverse or prejudicial to the respondent, but must adjourn the hearing to a future day and direct the Registrar of the Supreme Court to serve the notice on the respondent for the respondent to appear.

(2)  If —

(a) the notice cannot be served on the respondent, or the appellate court is satisfied that the notice has been duly served on the respondent; and

(b) the respondent is absent at the hearing of the appeal,

the appellate court may hear the appeal in the respondent’s absence.

Decision on appeal

14.—(1)  At the hearing of the appeal, the appellate court may —

(a) if the appellate court considers that there is no sufficient ground for interfering with the decision of the original court, dismiss the appeal;

(b) alter or reverse the decision of the original court;

(c) direct that further inquiry must be made; or

(d) remit the matter, with the opinion of the appellate court, to the original court.

(2)  Nothing in paragraph (1) prevents the appellate court from making such other order in the matter as the appellate court thinks just, and by such order exercising any power which the original court might have exercised.

Taking of additional evidence

15.—(1)  In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the original court.

(2)  Unless the appellate court directs otherwise, the person against whom an OCPO or FRO is applied for or made, or the person’s advocate, must be present when the additional evidence is taken.

(3)  When the original court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal.

(4)  The original court must also state what effect, if any, the additional evidence taken has on its earlier decision.

(5)  Sections 233 and 285 to 289 of the Criminal Procedure Code (Cap. 68) apply, with the necessary modifications, to the taking of additional evidence under this regulation.

Grounds for reversal by appellate court

16.  Any decision of the original court may be reversed or set aside only where the appellate court is satisfied that it was wrong in law or against the weight of the evidence.

PART 3

CONFISCATION OF BENEFITS FROM ORGANISED CRIME ACTIVITIES

Definitions of this Part

17.  Expressions in this Part that are defined in section 46 of the Act have the same meaning as in that section.

Application of CDSA provisions

18.—(1)  In addition to the modifications in section 70(3) of the Act, the provisions of the CDSA mentioned in section 70(1) of the Act apply for the purposes mentioned in section 70(1) of the Act subject to the following modifications:

(a) a reference in those provisions of the CDSA to a charge under section 17 of the CDSA is a reference to a charge imposed by a charging order;

(b) a reference in those provisions of the CDSA to a receiver appointed pursuant to a charging order under the CDSA is a reference to a receiver appointed pursuant to a charging order;

(c) a reference in those provisions of the CDSA to the Public Trustee appointed under section 16 or 19 of the CDSA, or pursuant to a charging order under the CDSA, is a reference to the Public Trustee appointed under the incorporated section 16 or 19 (as the case may be) of the CDSA, or pursuant to a charging order (as the case may be);

(d) the reference in section 10(6)(a) of the CDSA to the value of the benefits mentioned in section 10(1) of the CDSA is a reference to the value of the benefits mentioned in section 62(1) of the Act;

(e) section 12(3) of the CDSA applies for the purpose of determining, under the incorporated section 12(1) of the CDSA, what is the value at the time a confiscation order is made of a gift caught by this Part, and section 12(4) of the CDSA applies accordingly;

(f) the reference in section 12(9)(b) of the CDSA to the values of the consideration mentioned in section 12(9)(a) of the CDSA is a reference to the values of the consideration mentioned in section 47(3) of the Act;

(g) the reference in section 15(2A) of the CDSA to the powers conferred by section 16(1) of the CDSA is a reference to the powers conferred by section 57(1) and (2) of the Act;

(h) the reference in section 16(3) of the CDSA to section 16 of the CDSA is a reference to the incorporated section 16 of the CDSA, and provisions of Part 9 of the Act as they relate to restraint orders;

(i) a reference in sections 16(6) and 19(5) of the CDSA to a person having possession of any property is a reference to the person having actual or constructive possession of the property;

(j) the reference in section 16(8) of the CDSA to an authorised officer is a reference to a law enforcement officer;

(k) a reference in sections 20(1)(b) and (2)(a) and 22(2)(b) of the CDSA to realisation of property, or property which has been realised, under the CDSA or any of its provisions is a reference to realisation of property, or property which has been realised, under the incorporated section 16 or 19 of the CDSA;

(l) a reference in sections 21(1), 23(2) and 24(2) of the CDSA to the powers conferred on the General Division of the High Court by sections 16 to 20 of the CDSA is a reference to the powers conferred on the Court by the incorporated sections 16 to 20 of the CDSA, and also by sections 57 to 60 of the Act (whichever is applicable).

[S 1063/2020 wef 02/01/2021]

(2)  In this regulation, a reference to an incorporated provision of the CDSA is a reference to that provision of the CDSA as applied and modified by section 70 of the Act.

Application of information‑gathering powers in CDSA

19.—(1)  In addition to the modifications in section 72(2) of the Act, the provisions of the CDSA mentioned in section 72(1) of the Act apply for the purposes mentioned in section 72(1) of the Act subject to the following modifications:

(a) except as otherwise stated in this regulation, a reference in those provisions of the CDSA to a provision of the CDSA is a reference to that provision of the CDSA as applied and modified by section 72 of the Act;

(b) unless the context otherwise requires, expressions in those provisions of the CDSA that are defined in section 2 of the CDSA take the meaning given to them in that section;

(c) the expression “items subject to legal privilege” in sections 30(4)(b)(ii), 30(9)(a), 31(3)(b)(ii) and 34(5) of the CDSA has the meaning given to it in section 2A of the CDSA;

(d) the reference in sections 30, 32 and 34 of the CDSA to the court is a reference to the Court;

(e) the reference in section 34(4)(b) of the CDSA to drug dealing or criminal conduct is a reference to organised crime activity;

(f) the reference in section 42(4) of the CDSA to the powers conferred on the General Division of the High Court by section 16, 17 or 19 of the CDSA, is a reference to the powers conferred by the incorporated section 16, 17 or 19 (as the case may be) of the CDSA, and also by section 57, 58, 59 or 60 of the Act (as the case may be);

[S 1063/2020 wef 02/01/2021]

(g) the reference in section 42(4) of the CDSA to a receiver appointed under section 16 or 19 of the CDSA or pursuant to a charging order under the CDSA, is a reference to a receiver appointed under the incorporated section 16 or 19 (as the case may be) of the CDSA, or pursuant to a charging order (as the case may be);

(h) the reference in section 42(6) of the CDSA to the functions under the CDSA of the receiver or the General Division of the High Court is a reference to the functions under Part 9 of the Act of a receiver appointed under the incorporated section 16 or 19 (as the case may be) of the CDSA, or pursuant to a charging order, or of the Court (as the case may be);

[S 1063/2020 wef 02/01/2021]

(i) the reference in section 56(1) of the CDSA to any information or matter obtained by an authorised officer in the performance of the authorised officer’s duties or the exercise of the authorised officer’s functions under the CDSA is a reference to any information or matter obtained by a law enforcement officer in the performance of the law enforcement officer’s functions or the exercise of the law enforcement officer’s functions under Part 9 of the Act.

(2)  In this regulation, a reference to an incorporated provision of the CDSA is a reference to that provision as applied and modified by section 72 of the Act.

Prescribed periods and times

20.—(1)  The prescribed period for the purposes of section 59(4)(a) of the Act (duration of restraint or charging order) is one month.

(2)  The prescribed time for the purposes of section 66(1) of the Act (application by subject for relief for undue hardship) is 7 days.

(3)  The prescribed time for the purposes of section 67(1) of the Act (application by third party for relief for undue hardship) is 7 days.

(4)  The prescribed time for the purposes of section 67(3) of the Act (application by bona fide third party for relief) is 7 days.

Value of property

21.  For the purposes of section 67(4) of the Act, the value of property held by a person (A) that is not cash is —

(a) where any other person holds an interest in the property —

(i) the market value of A’s beneficial interest in the property; less

(ii) the amount required to discharge any incumbrance (other than a charging order) on that interest; and

(b) in any other case, its market value.

PART 4

MISCELLANEOUS

Requirements for electronic monitoring

22.—(1)  For the purpose of section 19 of the Act, the requirements for securing the electronic monitoring (by means of an electronic monitoring device) of the whereabouts of an individual subject to an OCPO during the period when the OCPO is in force against the individual may include one or more of the following, as determined by the court:

(a) the individual must remain indoors at the individual’s place of residence, or such other place specified by the specified law enforcement officer, and for the period specified by the officer;

(b) the individual must allow the specified law enforcement officer and any person authorised by the officer to enter the individual’s place of residence or other place mentioned in sub‑paragraph (a), to determine if the individual has complied with the condition in that sub‑paragraph; and

(c) in order to enable the electronic monitoring of the individual’s whereabouts, the individual must —

(i) wear an electronic transmitting device issued by the specified law enforcement officer on such part of the individual’s person as the officer may specify;

(ii) allow the specified law enforcement officer, and any person authorised by the officer, to enter the individual’s place of residence or other place mentioned in sub‑paragraph (a), to install, maintain, repair or replace an electronic monitoring device;

(iii) comply with all requirements specified by the specified law enforcement officer to ensure the proper functioning of an electronic monitoring device issued to the individual, or installed at the individual’s place of residence or other place mentioned in sub‑paragraph (a);

(iv) comply with all reporting requirements specified by the specified law enforcement officer; and

(v) not tamper with the electronic monitoring device issued to the individual or installed at the individual’s place of residence or other place mentioned in sub‑paragraph (a), or otherwise prevent or obstruct the electronic monitoring of the individual’s whereabouts.

(2)  In this regulation, a “specified law enforcement officer” means —

(a) the law enforcement officer specified in the OCPO by the court when imposing any requirement mentioned in paragraph (1); or

(b) such other law enforcement officer as may, from time to time, be authorised by the head or director of the law enforcement agency to which the firstmentioned law enforcement officer belongs.

Forms for OCPO or FRO made upon conviction

23.—(1)  An OCPO under section 15(2) of the Act must be in Form 5 set out in the Schedule.

(2)  An FRO under section 21(2) of the Act must be in Form 6 set out in the Schedule.

Authorised officer

24.  For the purposes of sections 72(2)(a) and 73(17) of the Act, the following law enforcement officers are authorised officers:

(a) any police officer, officer of the Central Narcotics Bureau, or immigration officer appointed under section 3 of the Immigration Act (Cap. 133), of or above the rank of sergeant;

(b) any Commercial Affairs Officer appointed under section 64 of the Police Force Act (Cap. 235).

 

Made on 24 May 2016.

LEO YIP

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[112/2/00112; AG/LEGIS/SL/213B/2015/3 Vol. 1]

(To be presented to Parliament under section 82 of the Organised Crime Act 2015).