Law that allows detention without trial up for 15th round of extension
The Criminal Law (Temporary Provisions) Act is used when the prosecution of suspects is not viable, due to witnesses being unwilling to testify in open court for fear of reprisal.
Inside Singapore's Changi Prison. (File photo: CNA/Amir Yusof)
This audio is generated by an AI tool.
SINGAPORE: The Home Affairs Ministry on Thursday (Mar 7) proposed to extend a decades-long law that allows the detention of people linked to certain criminal activities, such as secret societies, without trial.
The ministry tabled a Bill in parliament to extend the operation of the Criminal Law (Temporary Provisions) Act, which has to be renewed periodically, for the 15th time.
“Given the significant powers conferred by the Act, it is written to require periodic renewal, in order that parliament may assure itself of its continued relevance,” the ministry added.
The Act was enacted in 1955 and was last extended by parliament from 2019 to Oct 20 this year. The ministry is seeking to extend it for another five years.
It is used when prosecution of suspects is not viable, due to witnesses being unwilling to testify in open court for fear of reprisal against them or their loved ones.
Its last extension caused a heated parliamentary debate, with MPs questioning new provisions built into the Act. These included the Minister for Home Affairs having the final say on whether detention is necessary.
Ten MPs – including eight present ones from the Workers’ Party – voted against the Bill, while two abstained, among the 89 MPs present in the House.
The Act allows the Home Affairs Minister to detain or place under police supervision, those associated with activities of a criminal nature that are now prescribed in the Fourth Schedule of the Act. This is only if the minister is satisfied it is necessary in the interests of public safety, peace and good order.
These offences were also spelled out when the Act was last extended. They include drug trafficking, kidnapping, organised crime, unlicensed moneylending and secret society activities.
The amendments came after the Court of Appeal decided to free Singaporean match-fixing kingpin Dan Tan in 2015, who had been detained since October 2013 under the Act.
The court said it did not accept the Act had a loose or open-ended remit, and that Tan’s activities did not threaten public safety, peace and good order in Singapore.
LAW "REMAINS RELEVANT TODAY"
In a press release on Thursday, the Home Affairs ministry said that the Act “remains relevant today” because it allows the police to act effectively against secret societies and criminal syndicates, like those involved in unlicensed moneylending and organised crime.
Since the Act was last renewed in 2019, it has been used against people heavily involved in secret society activities.
These include gang headmen and senior members who recruit youths and involve them in activities, like violent attacks against the public and other gang members, said the ministry.
The Act has also been used to detain leaders and financiers of organised crime syndicates, like a “Tua Towkay”, or big boss, of an overseas unlicensed moneylending syndicate who was linked to more than 1,800 reported cases of harassment.
Under the Act, a person issued with a detention order may be detained for up to 12 months, while someone who is under a police supervision order will be supervised in the community for up to three years. The President can extend the orders if deemed necessary.
Between Oct 21, 2019 and Dec 31, 2023, 123 people were dealt with under the Act. This comprised 86 detention orders and 37 police supervision orders that were issued, said the Home Affairs ministry in response to CNA's queries.
The numbers decreased from the previous corresponding period of Oct 21, 2014 to Dec 31, 2018, said MHA.
The power to issue such orders was introduced in 1958. The Home Affairs ministry said it was to “break the vicious cycle of gang lawlessness and the climate of terror they instilled”, which stopped witnesses from cooperating with law enforcement and testifying in court.
Recent cases under the Criminal Law (Temporary Provisions) Act
March 2019:
Five gang members confronted club bouncers at Concorde Hotel around 1am while armed with a taser, katana sword, knife and spanner. They had earlier been denied re-entry after being thrown out for shouting gang slogans in the club.
The bouncers relented and allowed them to go back into the club.
Four gang members were dealt with under the Act.
Oct 7, 2020:
More than 22 secret society members gathered around Lorong 13 Geylang at about 2.40am to carry out a retaliatory attack against a rival gang member. Several were armed with weapons, including parangs and knuckle dusters.
They demanded that the rival gang member pay money to resolve a matter. Fearing for his safety, he agreed.
Three gang members were dealt with under the Act.
Nov 9, 2021:
Around 4am, a group of about 10 gang members went to a rival gang member’s flat armed with deadly weapons such as a machete, knuckle duster and karambit — a curved knife with Southeast Asian roots.
They intended to take revenge on the rival gang member whom they believed had assaulted their headman in a separate incident.
When they found out he was not home, they punched and kicked his parents, brother and sister in the flat. A foldable chair was also used as a weapon during the attack.
The father suffered a facial bone fracture and was given 18 days of hospitalisation leave, while the mother’s forearm was fractured. She was given 14 days of hospitalisation leave.
Seven gang members were dealt with under the Act.
Jan 8, 2022:
More than 10 members of rival secret societies fought at Circular Road. During the riot, those from one of the gangs chased and assaulted rival gang members, kicking and punching them.
One also used a karambit to stab the leg of a rival.
Four gang members were dealt with under the Act.
SAFEGUARDS
Several safeguards have been put in place under the Act, said MHA.
Before the Home Affairs Minister issues a detention or police supervision order, the Public Prosecutor’s consent must be obtained.
An advisory committee also reviews every detainee’s case at least once annually, and makes a recommendation to the President on the detainee’s suitability and readiness for release.
A separate independent advisory committee must also review every order. This committee is chaired by a sitting Supreme Court judge and comprises respected members of society, such as Justices of the Peace and senior lawyers.
The committee will consider all the materials relied on by the minister in issuing an order. Detainees are informed of the grounds of their detention and can have legal counsel.
The committee will then submit its recommendations to the President who can confirm, vary or cancel the order on the Cabinet’s advice.
Finally, a third advisory committee reviews detention cases that are being considered for extension beyond 10 years. The last time this committee had to be convened was in 2020.
