Last updated on 24 Mar 2011
S 489PUBLIC ORDER ACT 2009
(ACT 15 OF
2009)
PUBLIC ORDER (EXEMPT ASSEMBLIES AND PROCESSIONS) ORDER 2009
In
exercise of the powers conferred by section 46 of the Public Order
Act 2009, the Minister for Home Affairs hereby makes the following
Order:Citation and commencement
1.
This
Order may be cited as the Public Order (Exempt Assemblies and Processions)
Order 2009 and shall come into operation on 9th October 2009.
Exempt assemblies
2.
The
public assemblies specified in the First Schedule are exempt from
the requirements of section 5(1)(a) of the Act.
Exempt processions
3.
The
public processions specified in the Second Schedule are exempt from
the requirements of section 5(1)(a) of the Act.
FIRST
SCHEDULE
Paragraph 2
EXEMPT ASSEMBLIES
1.
A public assembly
held in the Botanic Gardens with the written permission of the National Parks
Board.
2.
A public assembly
held in connection with a wedding or a funeral held —(a)
on any State land with the written
permission of the Commissioner of Lands;
(b)
on any part of the common property
of a housing estate of the Housing and Development Board with the
written permission of the Estates Officer of the Housing and Development
Board or, where a Town Council is established under the Town Councils
Act (Cap. 329A) constituted to control, manage, maintain and improve
the common property of that housing estate, the written permission
of that Town Council; or
(c)
on any public road with the written
permission of the chief executive of the Land Transport Authority
of Singapore.
3.
A public assembly
held in connection with any sporting competition or activity (other
than horse racing or dog racing) in a stadium, sports complex or
other sporting facility that is open to the general public.
4.
A
public assembly (other than an election meeting
within the meaning of the Public Order (Election Meetings) Regulations
2009 (G.N. No. S 486/2009)) that is held wholly inside
a building or other enclosed premises (other than one in any prohibited
area) —(a)
the organisers of which are all citizens
of Singapore;
(b)
the speakers and lecturers thereat
are all citizens of Singapore;
(c)
the purpose of which is to demonstrate
support for or opposition to the views or actions of any person,
group of persons, to publicise a cause or campaign, or to mark or
commemorate any event, without dealing with any matter which relates
(directly or indirectly) to any religious belief or religion, or
any matter which may cause feelings of enmity, hatred, ill-will
or hostility between different racial or religious groups in Singapore;
and
(d)
during which an organiser thereof,
or an authorised agent of such an organiser, is present at all times
during the assembly.
5.
A public assembly
in a place of public resort for the purpose for which the place
is licensed under the Public Entertainments and Meetings Act (Cap.
257).
6.
A public assembly
held in connection with any public entertainment that is licensed
under the Public Entertainments and Meetings Act.
7.
A public assembly
which is organised for the purpose of an auction held in conjunction
with any celebration of the Seventh Month Festival of the Chinese
Lunar calendar —(a)
which is held on any premises with
the prior consent of the owner of those premises;
(b)
which will end not later than 10.30
p.m.;
(c)
the conduct of which involves —(i)
no stage, shed or other structure;
or
(ii)
the installation, erection, removal
and dismantling of a stage, shed or other structure in connection
with the assembly outside of 11 p.m. of a day and 7 a.m. of the following
day (both times inclusive);
(d)
which will involve the use of not
more than 2 loudspeakers, each of which must be positioned so that
the loudspeakers face the audience and are inclined downwards;
(e)
during which an organiser thereof,
or an authorised agent of such an organiser, is present at all times
during the assembly.
8.
A public assembly
held by or under the direction or control of the Government.
9.
—(1)
A public assembly
of the description prescribed in sub-paragraph (2) held by or under
the direction or control of —(a)
a body that is specified in the Schedule
to the Accounting Standards Act (Cap. 2B); or
(b)
a charity within the meaning of the
Charities Act (Cap. 37) that is also approved as an institution
of public character under that Act.
(2)
A public assembly —(a)
the purpose of which is either to
raise funds for the body or charity in sub-paragraph (1), or to
promote sports, physical exercise or other recreational activity,
but —(i)
without dealing with any matter which
relates (directly or indirectly) to any religious belief or religion,
or any matter which may cause feelings of enmity, hatred, ill-will
or hostility between different racial or religious groups in Singapore;
and
(ii)
without glorifying the commission
or preparation (whether in the past, in the future or generally)
of acts of terrorism or any offence or otherwise having the effect
of directly or indirectly encouraging or otherwise inducing members
of the public to commit, prepare or instigate acts of terrorism
or such an offence;
(b)
the conduct of which does not require
the closure of any public road or part thereof;
(c)
which involves —(i)
no singing or playing of any radio
or other musical equipment, any drum, cymbal, gong or other musical
instrument; or
(ii)
singing or playing of such musical
equipment or musical instruments between 11 a.m. and 10.30 p.m.
on any day (both times inclusive) only;
(d)
the conduct of which involves —(i)
no stage, shed or other structure;
or
(ii)
the installation, erection, removal
and dismantling of a stage, shed or other structure in connection
with the assembly outside of 11 p.m. of a day and 7 a.m. the following
day (both times inclusive);
(e)
which is held on any premises with
the prior consent of the owner of those premises;
(f)
during which no organiser and no
participant of the assembly —(i)
uses threatening, abusive or insulting
words or behaves in a threatening, abusive or insulting manner;
or
(ii)
dresses indecently, or disrobes or
removes his clothes (except for the purpose of search by a police
officer);
(g)
before, during and after which no
organiser and no participant of the assembly displays or exhibits
any banner, flag, poster, placard, photograph, film, sign, writing
or other visible representation containing any violent, lewd or
obscene material; and
(h)
during which an organiser thereof,
or an authorised agent of such an organiser, is present at all times
during the assembly.
10.
A public assembly
comprising wholly or partly of a workshop or lecture organised by
The Esplanade Co. Ltd. in any place to which the public or any class
of the public has access, whether gratuitously or otherwise.
11.
A press conference
in any public place.
12.
—(1)
A public assembly
held on the day of nomination at an election under the Parliamentary Elections
Act (Cap. 218) around a place of nomination for that election —(a)
to show support — (i)
for any person or group of persons seeking nomination
as a candidate or group of candidates at that election; or
(ii)
for any candidate or group of candidates in
that election at or about the time the Returning Officer or an Assistant
Returning Officer is to declare a candidate or group of candidates
to be elected under section 33(1) of that Act;
(b)
at which only placards, banners, flags, posters,
photographs, signs, writings or other visible representations containing
the image, symbol or logo of any candidate or group of candidates
at that election are displayed or exhibited after the close of nomination
proceedings; and
(c)
before and during which no other placard, banner,
flag, poster, photograph, film, sign, writing or other visible representation
is displayed or exhibited.
(2)
In this item and item 13, “candidate”, “group”, “Returning
Officer”, “Assistant Returning Officer”, “day
of nomination” and “place of nomination” shall
have the same meanings, respectively, as in the Parliamentary Elections
Act (Cap. 218).
13.
A public assembly held on the
day of nomination at an election under the Parliamentary Elections
Act after the close of nomination proceedings at such part within
a place of nomination for that election as the Returning Officer
or an Assistant Returning Officer may designate —(a)
comprising the following persons only:(i)
the candidates in an election (whether contested
or uncontested) under the Parliamentary Elections Act;
(ii)
each candidate’s or group’s
proposer, seconder and assentors;
(iii)
the Returning Officer or any Assistant Returning
Officer; and
(iv)
any other person entitled under that Act to
be present at the nomination proceedings at the place of nomination;
and
(b)
at which speeches or addresses to a public assembly
referred to in item 12(1) are made —(i)
with the prior approval of the Returning Officer
or Assistant Returning Officer, as the case may be, by the following
(and no others):(A)
in the case of an election in a group representation
constituency — one or more candidates from the group of
candidates declared to be elected under section 33(1) of the Parliamentary
Elections Act or, in the case of a contested election, one or more
candidates from each group of candidates standing for election,
in the order determined by the Returning Officer or Assistant Returning
Officer, as the case may be; or
(B)
in the case of an election in any other constituency — the
candidate declared to be elected under section 33(1) of the Parliamentary
Elections Act (Cap. 218) or, in the case of a contested election,
each candidate standing for election in the order determined by
the Returning Officer or Assistant Returning Officer, as the case
may be;
(ii)
using such equipment as is authorised by the
Returning Officer or an Assistant Returning Officer, as the case
may be; and
(iii)
lasting not more than such duration for each
candidate or, in the case of an election in a group representation
constituency, for each group in total, as the Returning Officer
or an Assistant Returning Officer may fix before the start of the
speeches or addresses.
14.
—(1)
A public assembly
held on nomination day at an election under the Presidential Elections
Act (Cap. 240A) around a nomination place for that election —(a)
to show support —(i)
for any person seeking nomination as a candidate
at that election; or
(ii)
for any candidate in that election at or about
the time the Returning Officer or an Assistant Returning Officer
is to declare a candidate to be elected under section 15(1) of that
Act;
(b)
at which only placards, banners, flags, posters,
photographs, signs, writings or other visible representations containing
the image, symbol or logo of any candidate at that election are
displayed or exhibited after the close of nomination proceedings;
and
(c)
before and during which no other placard, banner,
flag, poster, photograph, film, sign, writing or other visible representation
is displayed or exhibited.
(2)
In this item and item 15, “candidate”, “Returning
Officer”, “nomination day” and “nomination
place” shall have the same meanings, respectively, as in
the Presidential Elections Act.
15.
A public assembly held on nomination
day at an election under the Presidential Elections Act after the
close of nomination proceedings at such part within the nomination
place for that election as the Returning Officer may designate —(a)
comprising the following persons only:(i)
the candidates in an election (whether contested
or uncontested) under the Presidential Elections Act (Cap. 240A);
(ii)
each candidate’s proposer, seconder
and assentors;
(iii)
the Returning Officer; and
(iv)
any other person entitled under that Act to
be present at the nomination proceedings at the nomination place;
and
(b)
at which speeches or addresses to a public assembly
referred to in item 14(1) are made —(i)
with the prior approval of the Returning Officer
by the following (and no others):(A)
in the case of a contested election, each candidate
standing for election in the order determined by the Returning Officer;
or
(B)
the candidate declared to be elected under section
15(1) of the Presidential Elections Act (Cap. 240A);
(ii)
using such equipment as is authorised by the
Returning Officer; and
(iii)
lasting not more than such duration for each
candidate as the Returning Officer may fix before the start of the
speeches or addresses.
SECOND
SCHEDULE
Paragraph 3
EXEMPT PROCESSIONS
1.
A public procession
held in connection with a wedding or a funeral (other than one in
any prohibited area) —(a)
during which an organiser thereof
is present at the assembly area and accompanies the procession at
all times until the procession stops or the participants disperse,
whichever is the later;
(b)
which is held between the hours of
7 a.m. and 10.30 p.m. and does not exceed 30 minutes;
(c)
the route of which does not exceed
100 metres;
(d)
which involves not more than 150
participants;
(e)
which involves none of the following:(i)
the display or exhibition of any
placard, banner or poster;
(ii)
the use of any public address system;
(iii)
stilt-walking;
(iv)
soliciting sponsorship or monetary
contributions along the route of the procession;
(f)
the conduct of which occupies not
more than one lane of any public road and during which a reasonable
number of persons will be deployed to manage traffic and ensure
the safety of participants in the procession; and
(g)
the conduct of which does not cause
or result in obstruction or inconvenience on any public road, bridge,
landing place, or in any other public place.
2.
A public procession
held in connection with any sporting competition or activity (other
than horse racing or dog racing) in a stadium, sports complex or
other sporting facility that is open to the general public.
3.
A public procession
held by or under the direction or control of the Government.
4.
—(1)
A public procession
of the description prescribed in sub-paragraph (2) held by or under the
direction or control of —(a)
a body that is specified in the Schedule
to the Accounting Standards Act (Cap. 2B); or
(b)
a charity within the meaning of the
Charities Act (Cap. 37) that is also approved as an institution
of public character under that Act.
(2)
A public procession —(a)
the purpose of which is either to
raise funds for the body or charity in sub-paragraph (1), or to
promote sports, physical exercise or other recreational activity,
but —(i)
without dealing (directly or indirectly)
with any matters of race, religion or religious belief in a manner
that is likely to cause feelings of enmity, hatred, ill-will or hostility
between different racial and religious groups in Singapore; and
(ii)
without glorifying the commission
or preparation (whether in the past, in the future or generally)
of acts of terrorism or any offence or otherwise having the effect
of directly or indirectly encouraging or otherwise inducing members
of the public to commit, prepare or instigate acts of terrorism
or such an offence;
(b)
which involves none of the following:(i)
the display or exhibition of any
placard, banner, flag, poster, photograph, film, sign, writing or
other visible representation;
(ii)
singing or use of loudspeakers;
(iii)
the playing of any radio or other
musical equipment, or any drum, cymbal, gong or other musical instrument;
and
(iv)
the use of threatening, abusive or
insulting words or behaves in a threatening, abusive or insulting
manner;
(c)
the conduct of which does not require
the closure of any public road or part thereof;
(d)
the conduct of which involves —(i)
no stage, shed or other structure;
or
(ii)
the installation, erection, removal
and dismantling of a stage, shed or other structure in connection
with the procession only between 11 p.m. of a day and 7 a.m. the following
day (both times inclusive);
(e)
which is held on any premises with
the prior consent of the owner of those premises; and
(f)
during which an organiser thereof,
or an authorised agent of such an organiser, is present at all times
during the procession.
5.
—(1)
A public procession
on the day of nomination at an election under the Parliamentary Elections
Act (Cap. 218) —(a)
comprising one or more persons moving substantially
as a body of persons in succession starting —(i)
before the close of nomination proceedings and
from a place of assembly within the fenced compound around a place
of nomination for that election, and proceeding by a common route
within that compound;
(ii)
before the close of nomination proceedings and
from a place of assembly outside the fenced compound around a place
of nomination for that election, and proceeding by a common route
that is the nearest route (ordinarily about 200 metres) used to
travel to an entrance or exit of that compound; or
(iii)
after the close of nomination proceedings and
from the fenced compound around a place of nomination for that election,
and proceeding by a common route that is the nearest route (ordinarily
about 200 metres) to any place outside that compound;
(b)
the purpose of which is to show support —(i)
for any person or group of persons seeking nomination
as a candidate or group of candidates at that election; or
(ii)
for any candidate or group of candidates in
that election at or about the time the Returning Officer or an Assistant
Returning Officer declares or is to declare a candidate or group
of candidates to be elected under section 33(1) of that Act;
(c)
before, during and after which none of the following
is carried out by any organiser or participant of the procession:(i)
the display or exhibition of any placard, banner,
flag, poster, photograph, film, sign, writing or other visible representation;
(ii)
singing; or the playing of any radio or other
musical equipment, any drum, cymbal, gong or other musical instrument;
(iii)
the playing of any radio or other musical equipment,
any drum, cymbal, gong or other musical instrument;
(iv)
the shouting of any slogan, jingle or other
advertising technique designed to have, or likely to have, the effect
of promoting a political party, candidate or person seeking nomination
as a candidate at that election instead of communicating a factual message;
(v)
the use of any loudspeaker; and
(vi)
the use of threatening, abusive or insulting
words or behaviour that is threatening, abusive or insulting;
(d)
at which no organiser or participant of the procession,
from the first assembly of the procession to the time it disbands,
stops anywhere to make a speech or give an interview; and
(e)
the conduct of which does not cause or result
in obstruction or inconvenience on any public road, bridge, landing
place, or in any other public place.
(2)
In this item, “candidate”, “group”, “Returning
Officer”, “Assistant Returning Officer”, “day
of nomination” and “place of nomination” shall
have the same meanings, respectively, as in the Parliamentary Elections
Act (Cap. 218).
6.
—(1)
A public procession
on nomination day at an election under the Presidential Elections Act
(Cap. 240A) —(a)
comprising one or more persons moving substantially
as a body of persons in succession starting —(i)
before the close of nomination proceedings and
from a place of assembly within the fenced compound around a nomination
place for that election, and proceeding by a common route within
that compound;
(ii)
before the close of nomination proceedings and
from a place of assembly outside the fenced compound around a nomination
place for that election, and proceeding by a common route that is
the nearest route (ordinarily about 200 metres) used to travel to
an entrance or exit of that compound; or
(iii)
after the close of nomination proceedings and
from the fenced compound around a nomination place for that election,
and proceeding by a common route that is the nearest route (ordinarily
about 200 metres) to any place outside that compound;
(b)
the purpose of which is to show support —(i)
for any person seeking nomination as a candidate
at that election; or
(ii)
for any candidate in an election at or about
the time the Returning Officer is to declare a candidate to be elected
to the office of President under section 15(1) of that Act;
(c)
before, during and after which none of the following
is carried out by any organiser or participant of the procession:(i)
the display or exhibition of any placard, banner,
flag, poster, photograph, film, sign, writing or other visible representation;
(ii)
singing; or the playing of any radio or other
musical equipment, any drum, cymbal, gong or other musical instrument;
(iii)
the playing of any radio or other musical equipment,
any drum, cymbal, gong or other musical instrument;
(iv)
the shouting of any slogan, jingle or other
advertising technique designed to have, or likely to have, the effect
of promoting a candidate or person seeking nomination as a candidate
at that election instead of communicating a factual message;
(v)
the use of any loudspeaker; and
(vi)
the use of threatening, abusive or insulting
words or behaviour that is threatening, abusive or insulting;
(d)
at which no organiser or participant of the procession,
from the first assembly of the procession to the time it disbands,
stops anywhere to make a speech or give an interview; and
(e)
the conduct of which does not cause or result
in obstruction or inconvenience on any public road, bridge, landing
place, or in any other public place.
(2)
In this item, “candidate”, “Returning
Officer”, “nomination day” and “nomination
place” shall have the same meanings, respectively, as in
the Presidential Elections Act (Cap. 240A).
Made this 7th day of October
2009.
BENNY LIM
Permanent
Secretary,
Ministry of Home Affairs,
Singapore.
[MHA 112/2/0108;
AG/LEG/SL/257A/2009/1
Vol. 1]