Auxiliary Police Forces Regulations

Source: Singapore Statutes Online | Archived by Legal Wires


Police Force Act
(CHAPTER 235, SECTION 104)
Auxiliary Police Forces Regulations
Rg 2
G.N. No. S 625/2004

REVISED EDITION 2006
(31st August 2006)
[12th October 2004]
PART I
PRELIMINARY
Citation
1.  These Regulations may be cited as the Auxiliary Police Forces Regulations.
Definitions
2.  In these Regulations, unless the context otherwise requires —
“Commander”, in relation to an Auxiliary Police Force, means the Commander of an Auxiliary Police Force appointed under section 96(1) of the Act;
“commanding officer for Auxiliary Police Forces” means the Deputy Commissioner or Director Manpower of the Police Force;
“employer”, in relation to an Auxiliary Police Force, means the Government or any statutory body, company or organisation authorised to create that Auxiliary Police Force under Part 9 of the Act.
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PART II
ORGANISATION
Title of Auxiliary Police Force
3.  An Auxiliary Police Force may adopt such title as may be agreed between the Commissioner and the employer.
Schemes of training
4.  Every auxiliary police officer in an Auxiliary Police Force shall undergo and pass such examinations and schemes of training as the Commissioner, from time to time in consultation with the employer of that Force, may direct to fit the auxiliary police officer for the duties which he may be called upon to perform.
Ranks
5.  Unless otherwise approved by the Commissioner, the ranks of auxiliary police officers in any Auxiliary Police Force shall be, in descending order of seniority, as follows:
(a)Auxiliary Police Assistant Commissioner;
(b)Auxiliary Police Deputy Assistant Commissioner;
(c)Auxiliary Police Superintendent;
(d)Auxiliary Police Deputy Superintendent;
(e)Auxiliary Police Assistant Superintendent;
(f)Auxiliary Police Senior Inspector;
(g)Auxiliary Police Inspector;
(h)Auxiliary Police Senior Station Inspector;
(i)Auxiliary Police Station Inspector;
(j)Auxiliary Police Senior Staff Sergeant;
(k)Auxiliary Police Staff Sergeant;
(l)Auxiliary Police Sergeant;
(m)Auxiliary Police Corporal;
(n)Auxiliary Police Lance Corporal; and
(o)Auxiliary Police Constable.
Promotions Board
6.—(1)  Subject to paragraph (5), an auxiliary police officer in an Auxiliary Police Force may be promoted only by the employer of that Auxiliary Police Force, after considering the recommendations of the Promotions Board for that Force in respect of that auxiliary police officer.
(2)  Every employer of an Auxiliary Police Force shall establish a Promotions Board to assess the suitability of every auxiliary police officer employed in that Auxiliary Police Force for promotion.
(3)  The Promotions Board shall consist of —
(a)the Commander of the Auxiliary Police Force;
(b)a person nominated by the Commissioner to represent the interests of the Singapore Police Force; and
(c)at least one other representative nominated by the employer.
(4)  The employer of an Auxiliary Police Force may appoint the chairman of the Promotions Board from among the persons referred to in paragraph (3).
(5)  Any auxiliary police officer who is in an Auxiliary Police Force may be promoted only after he has passed such examination or tests and met such other criteria as the Commissioner may consider applicable to that Auxiliary Police Force.
PART III
ADMINISTRATION OF
AUXILIARY POLICE FORCES
Auxiliary Police Standing Orders
7.—(1)  The Commander of an Auxiliary Police Force may, from time to time with the concurrence of the employer, issue orders (to be called “Auxiliary Police Standing Orders”) not inconsistent with the provisions of the Act or these Regulations, for the control, direction and information of the Auxiliary Police Force in his command.
(2)  It shall not be necessary to publish such Standing Orders in the Gazette.
Uniforms
8.  Auxiliary police officers shall be provided with such uniforms and shall wear such badges of rank as the Commissioner may approve.
Arms and ammunition
9.—(1)  Every auxiliary police officer in an Auxiliary Police Force shall be provided by the employer of that Force with such batons, arms, ammunition and other accoutrements as the Commissioner may approve for the effective discharge of his duties as an auxiliary police officer.
(2)  Such batons, arms, ammunition and other accoutrements shall be kept and used by the auxiliary police officer in the manner provided by the Auxiliary Police Standing Orders.
Equipment for auxiliary police officers
10.—(1)  The Commissioner may from time to time, by order in writing, also direct any employer of an Auxiliary Police Force to provide every auxiliary police officer in that Force with such equipment as the Commissioner may consider necessary for the protection of the auxiliary police officer or for the effective discharge of his duties as an auxiliary police officer.
(2)  The cost of such equipment shall be borne solely by the employer.
Auxiliary police officers to obey lawful orders
11.  Every auxiliary police officer shall obey all lawful orders, whether given verbally or in writing, and shall obey and
conform to —
(a)Part 9 of the Act;
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(b)these Regulations; and
(c)every directive issued under section 89 of the Act and the Auxiliary Police Standing Orders applicable to him.
Establishment of auxiliary police associations
12.—(1)  Subject to paragraph (2), one or more auxiliary police associations may be established in respect of each Auxiliary Police Force.
(2)  An auxiliary police association may be established in respect of an Auxiliary Police Force if, and only if —
(a)the membership in any such association is confined exclusively to such rank that is approved by the employer of that Force and the Commissioner; and
(b)no other such association is established for auxiliary police officers in that Force of the same rank.
Rules of auxiliary police association
13.  The rules of any auxiliary police association of an Auxiliary Police Force shall be subject to the approval of the employer of that Auxiliary Police Force and of the Commissioner, and such rules shall provide for —
(a)the election of a committee to transact the business of the association between general meetings;
(b)the election of sub-committees for such purpose as the association may consider necessary;
(c)the convening of general and extraordinary general meetings of the association;
(d)the convening of committee and sub-committee meetings;
(e)the notice which shall be given to members as to every kind of meeting;
(f)the powers, including the financial powers, of committees and sub-committees;
(g)the quorum at any meeting made up of —
(i)in the case of a committee meeting, at least one-half of the number of the members of that committee; and
(ii)in the case of a general meeting, at least one-tenth of the total number of the members of the association;
(h)minutes of the meetings and other records to be kept in a language approved by the employer and the Commissioner;
(i)debates and discussions at all meetings to be conducted in the English language;
(j)voting at all meetings to be by a show of hands;
(k)the employer, the Commissioner and the Commander of the Auxiliary Police Force concerned to be informed of the names of all auxiliary police officers elected to committees or sub-committees immediately upon their election;
(l)moneys to be levied by the association from its members or otherwise only with the consent in writing, given generally or on a specific occasion, by the employer and by the Commissioner;
(m)the employer and the Commander of the Auxiliary Police Force concerned to be given notice of all meetings of the association and of its committees and to be provided with copies of the minutes of all such meetings;
(n)the employer or the Commissioner to be empowered to summon a general meeting of the association or a committee meeting or a sub-committee meeting by giving in writing 7 days’ notice thereof or such shorter notice as may be provided in the rules of the association;
(o)the employer, the Commissioner or the Commander of the Auxiliary Police Force concerned to be empowered, at their discretion, to attend any meeting and to be heard;
(p)any rules of the association to be amended as the employer or the Commissioner may direct; and
(q)such other matters as may be necessary for the proper working of the association.
Dissolution of auxiliary police association
14.—(1)  The Commissioner, after consultation with the employer of an Auxiliary Police Force, may by notice in writing, direct the employer to dissolve any auxiliary police association of that Auxiliary Police Force if —
(a)the association has contravened these Regulations or its own rules;
(b)in his opinion, the association does not represent the rank of auxiliary police officers for which it was established; or
(c)in his opinion, the association is acting or being used in any manner prejudicial to the interests, good order or discipline of the Auxiliary Police Force.
(2)  Where an auxiliary police association has been dissolved pursuant to a direction under paragraph (1), any person who, on the date of the dissolution, was an office-bearer of that association shall, for a period of 2 years starting from such date, be disqualified, except with the written permission of the Commissioner, from being elected as an office-bearer of any auxiliary police association (whether or not of the same Auxiliary Police Force) or to act as such an office-bearer.
Appeals against dissolution
15.  Any auxiliary police association aggrieved by the decision of the Commissioner under regulation 14 may, within 30 days of the decision, appeal in writing to the Minister whose decision shall be final.
Making of representations
16.—(1)  Any representation by an auxiliary police association affecting its members shall be made in writing to the Commander of the Auxiliary Police Force concerned, who shall consider the representation and take such action thereon, which may include reference to the employer of that Force or to the Commissioner or to both, as he thinks fit.
(2)  The Commander of the Auxiliary Police Force shall inform the association of his action and, if the association so requests, shall forward to the employer of that Force or to the Commissioner or to both, a report together with any written representation made to him by the association.
(3)  In any case where the committee or representatives of an auxiliary police association are required to attend a meeting with, or are permitted to make oral representations to, the Minister or officers of the Government, the employer and the Commissioner shall be entitled, either themselves or by representatives as they may decide, to be present and to be heard.
Association business not to be conducted during duty hours
17.  No committee or sub-committee of an auxiliary police association shall conduct the business of an auxiliary police association during normal duty hours unless the Commander of the Auxiliary Police Force concerned grants prior permission to do so.
No auxiliary police officer to go on strike
18.  No auxiliary police officer shall go on strike or induce, persuade or encourage another auxiliary police officer to go on strike.
PART IV
DISCIPLINE AND PUNISHMENT
Complaints against auxiliary police officers
19.—(1)  Every complaint against any auxiliary police officer in any Auxiliary Police Force shall —
(a)be made in writing; and
(b)be signed by the person making the complaint.
(2)  Upon receipt of such a complaint, the complaint shall be forwarded to the employer of the Auxiliary Police Force for investigation.
(3)  For the purposes of ascertaining whether a disciplinary offence is disclosed, the employer referred to in paragraph (2) —
(a)may appoint an auxiliary police officer to conduct investigations into the complaint (referred to in these Regulations as the investigating auxiliary police officer); or
(b)shall, if directed by the Commissioner, immediately refer the complaint to be investigated instead by a police officer appointed by the Commissioner (referred to in these Regulations as the investigating police officer).
(4)  If, as a result of an investigation, a disciplinary offence is disclosed against an auxiliary police officer in an Auxiliary Police Force then —
(a)unless the case is earlier referred for prosecution under sub-paragraph (b) or (c) and a prosecution ensues thereafter, the auxiliary police officer may be charged by the investigating auxiliary police officer or by the investigating police officer who conducted the investigation, as the case may be, and he shall be required to attend a disciplinary inquiry under these Regulations;
(b)the auxiliary police officer may be referred by the employer or Commander of that Force to the Commissioner for prosecution under section 95(1) of the Act; or
(c)the auxiliary police officer may be prosecuted under section 95(1) of the Act following an investigation by an investigating police officer.
Disciplinary charges
20.—(1)  Every charge shall describe the offence in the terms of regulation 21(1) in such manner as to identify the act or omission complained of.
(2)  Subject to paragraph (3), where there are 2 or more distinct offences, a separate charge shall be framed in respect of each offence and a separate finding shall be made on each charge.
(3)  Where more than one offence is committed in the course of the same transaction, only one charge shall be framed in respect of the most serious offence disclosed.
(4)  More than one auxiliary police officer may be dealt with together for the same or different offences if committed in the course of the same transaction.
(5)  The charge may be amended or altered at any time before the finding, but the auxiliary police officer concerned shall be informed of the amended or altered charge and shall be given full opportunity to cross-examine or give or call evidence to meet such new charge.
(6)  An auxiliary police officer charged with an offence may be punished for having attempted to commit, or having abetted the commission of such offence.
Disciplinary offences and punishment
21.—(1)  The following are disciplinary offences:
(a)absence from duty without leave or good cause;
(b)sleeping on duty;
(c)conduct to the prejudice of good order and discipline;
(d)cowardice in the performance of duty;
(e)disobedience of these Regulations, the Auxiliary Police Force Directives, the Auxiliary Police Standing Orders or any orders of a superior officer whether written or verbal;
(f)being unfit for duty through intoxication;
(g)insubordination;
(h)neglect of duty or orders;
(i)malingering;
(j)making in the course of his duty a statement which is false in a material particular;
(k)excess of duty resulting in loss or injury to any other person;
(l)any act of plunder or wanton destruction of property;
(m)engaging in any other employment or any trade or business, or providing any service under a contract for services, unless either of the following applies:
(i)the auxiliary police officer (A) satisfies the requirements mentioned in paragraph (1A);
(ii)if A does not satisfy the requirements mentioned in paragraph (1A), the Commissioner gives A permission to do so;
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(n)revealing any information of a private or confidential nature which was acquired by him or which came to his knowledge in the course of his duties, otherwise than in the performance of his duties.
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(1A)  For the purposes of paragraph (1)(m)(i), the requirements are the following:
(a)A satisfies the employer of the Auxiliary Police Force of which A is a member that A’s engagement in the other employment or the trade or business, or provision of the service under a contract for services (as the case may be), would not result in a conflict of interest or potential conflict of interest with A’s duty as an auxiliary police officer;
(b)A obtains the prior approval of the employer to engage in the other employment or the trade or business, or provide the service under a contract for services, as the case may be;
(c)the prior approval of the employer has not been cancelled in accordance with paragraph (1B) or otherwise revoked by the employer;
(d)despite the prior approval of the employer, A refrains from engaging in the other employment or the trade or business, or providing the service under a contract for services (as the case may be), if so engaging or providing would result in a conflict of interest or potential conflict of interest with A’s duty as an auxiliary police officer.
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(1B)  If the Commissioner is of the opinion that A’s engagement in the other employment or the trade or business, or provision of the service under a contract for services (as the case may be), is prejudicial to the interests, good order or discipline of the Auxiliary Police Force —
(a)the Commissioner may give written notice to the employer and A of that opinion; and
(b)the employer’s approval given to A to engage in the other employment or trade or business, or to provide that service under a contract for services, is deemed to be cancelled on a date (not earlier than the date that the notice is given to A) specified in the notice.
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(1C)  For the purposes of paragraph (1)(m), the employer’s approval under paragraph (1A)(b) or the Commissioner’s permission under paragraph (1)(m)(ii) must state the following particulars and is not effective in relation to any such particular that is not stated in the approval or permission, as the case may be:
(a)in relation to any employment — the name of the employer and the description of the employment;
(b)in relation to any trade or business — the description of the trade or business;
(c)in relation to any service under a contract for services — the description of the service to be provided and the person to whom the service is to be provided.
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(1D)  For the purposes of paragraph (1A)(a) and (d), A’s engagement in any activity specified in Part 1 of the Schedule is deemed to result in a conflict of interest or potential conflict of interest with A’s duty as an auxiliary police officer.
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(1E)  To avoid doubt, paragraph (1D) does not limit the activities A’s engagement in which would result in a conflict of interest or potential conflict of interest with A’s duty as an auxiliary police officer.
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(2)  If an employer of an Auxiliary Police Force is satisfied that an auxiliary police officer in that Force is guilty of any of the disciplinary offences in paragraph (1), the employer, after considering the recommendations of the disciplinary officer under regulation 22 in respect of the appropriate punishment for that auxiliary police officer, may dismiss the auxiliary police officer or impose one or more of the following punishments on him:
(a)reduction in rank, grade or seniority;
(b)deferment or stoppage of increment;
(c)reprimand;
(d)caution;
(e)extra duty;
(f)restriction of leave or privileges or both;
(g)a financial penalty not exceeding $200 or forfeiture of not more than one month’s pay, except in the case of absence without leave or good cause;
(h)in the case of absence without leave or good cause, in addition to any other punishment, forfeit his pay in respect of the period of absence or such lesser period as the employer may think fit.
Procedure at disciplinary inquiry
22.—(1)  Every disciplinary inquiry under these Regulations shall be conducted by a disciplinary officer of equal or higher rank than the auxiliary police officer charged.
(2)  A disciplinary officer shall be —
(a)an auxiliary police officer authorised by the Commander of the Auxiliary Police Force to conduct disciplinary proceedings, where the investigation was conducted by an investigating auxiliary police officer; or
(b)a police officer authorised by the commanding officer for Auxiliary Police Forces to conduct disciplinary proceedings, where the investigation was conducted by an investigating police officer.
(3)  The charge shall be read out and, if necessary, explained to the auxiliary police officer charged and he shall then be called upon to plead to the charge.
(4)  If the auxiliary police officer concerned pleads guilty —
(a)the disciplinary officer shall record briefly the facts in support of the charge and shall explain them to the auxiliary police officer;
(b)the auxiliary police officer concerned shall then be invited to make any statement he wishes in extenuation of the offence, and such statement shall be recorded, or if he has nothing to say, such fact shall be recorded; and
(c)the disciplinary officer may then accept the plea, record a finding of guilt and recommend to the employer the appropriate punishment under regulation 21(2) in respect of the offence.
(5)  If the auxiliary police officer concerned does not plead guilty or refuses to plead —
(a)the disciplinary officer shall examine the witnesses in support of the charge and their evidence shall be recorded;
(b)the auxiliary police officer concerned shall be invited to cross-examine the witnesses and examine any documentary evidence;
(c)a witness may be re-examined on matters arising out of any cross-examination;
(d)if, after hearing the witnesses in support of the charge, the disciplinary officer finds that no case has been made out against the auxiliary police officer concerned, he shall dismiss the case, but otherwise he shall call on the auxiliary police officer concerned for his defence;
(e)if called on for his defence —
(i)the auxiliary police officer concerned may give evidence or submit a written statement, and may call witnesses, or he may remain silent;
(ii)if the auxiliary police officer concerned gives evidence, he may be cross-examined, but not as to character or offences not charged, and he may make any explanatory statement on any point arising out of his cross-examination; and
(iii)his witnesses may be cross-examined, including cross- examination as to credibility, and he may re-examine them;
(f)the disciplinary officer shall, on the evidence, record a finding of guilty or not guilty; and
(g)if the disciplinary officer finds the auxiliary police officer concerned guilty —
(i)the auxiliary police officer concerned shall be invited to make any statement he wishes in extenuation of the offence;
(ii)such statement shall be recorded, or if he has nothing to say, such fact shall be recorded; and
(iii)the procedure set out in paragraph (4)(c) shall then be applied in respect of the recommendation for punishment.
(6)  For the purposes of paragraph (5)(a), when the evidence of a witness has been previously recorded in writing by a police officer or an auxiliary police officer acting in the course of duty, it shall be sufficient if the disciplinary officer reads over the record of such evidence to the witness who shall be required to confirm or, if he so desires, to add to or retract from such evidence.
(7)  All evidence, including the reading over of any record of evidence under paragraph (6), shall —
(a)be given in the presence of the auxiliary police officer concerned and shall, if in a language not understood by him, be interpreted to him; and
(b)be recorded in writing and shall be completed by the following endorsement:
 
“Read over to the witness and stated by him/her to be correct.
 
*[Interpreted to the officer concerned by………………. in the .................. language.]
 
 
*If applicable.
 
 
 
 
Signature ....................................
 
 
 
Disciplinary officer.”.
(8)  The disciplinary officer shall at all times satisfy himself that the auxiliary police officer concerned understands the nature and effect of the proceedings and has a proper opportunity to defend himself.
(9)  The disciplinary officer may for sufficient reason adjourn any disciplinary inquiry from time to time.
Power to secure attendance of witnesses
23.—(1)  An investigating auxiliary police officer, an investigating police officer or a disciplinary officer may apply to a Magistrate for a summons to secure the attendance before such officer, as a witness, of any person who appears to be acquainted with the circumstances of the case.
(2)  The Magistrate may issue a summons accordingly and such witness shall be bound to attend at the time and place mentioned in the summons and, subject to paragraph (3), shall be bound to answer truly all questions relating to such case as may be put to him by such officer, and shall produce all documents relevant to such case.
(3)  Nothing in this regulation shall be construed to compel any person to disclose any matter or produce any document which would have been protected from disclosure or production, as the case may be, on the ground of privilege if the proceedings had been held in any court.
Suspension of auxiliary police officer
24.—(1)  In any case where the Commander of an Auxiliary Police Force has been informed —
(a)by the Commissioner that criminal proceedings will be or have been instituted against an auxiliary police officer in that Force for any offence; or
(b)by the employer of that Force that disciplinary proceedings are being contemplated against an auxiliary police officer in that Force,
the Commander may suspend the auxiliary police officer concerned pending any inquiry into his conduct under these Regulations, if the Commander thinks it necessary in the public interest that the auxiliary police officer should immediately cease to exercise the powers and functions of an auxiliary police officer.
(2)  Notwithstanding paragraph (1), in any case where the investigation against an auxiliary police officer is carried out by an investigating police officer, the commanding officer for Auxiliary Police Forces may direct the Commander to suspend that auxiliary police officer pending any inquiry into his conduct under these Regulations.
Powers to Review
25.  The Commissioner may, on appeal under section 95(5) of the Act by an auxiliary police officer against any finding or disciplinary punishment or both under these Regulations —
(a)confirm, vary or reverse the decision of the disciplinary officer or order a re-hearing of the disciplinary proceedings; and
(b)confirm the punishment, or if he is of the view that the punishment is inadequate or excessive, substitute the punishment with any other punishment authorised under these Regulations.
 

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