Last updated on 18 Apr 2006
MISCELLANEOUS
OFFENCES (PUBLIC ORDER AND NUISANCE) ACT
(CHAPTER
184, SECTION 5 (1))
MISCELLANEOUS OFFENCES (PUBLIC ORDER AND NUISANCE) (ASSEMBLIES
AND PROCESSIONS) RULES
[9th June 1989]
Citation
1.
These
Rules may be cited as the Miscellaneous Offences (Public Order and
Nuisance) (Assemblies and Processions) Rules.
Application
2.
—(1)
Subject
to paragraph (2), these Rules shall apply to any assembly or procession
of 5 or more persons in any public road, public place or place of
public resort intended —(a)
to demonstrate support for or opposition
to the views or actions of any person;
(b)
to publicise a cause or campaign;
or
(c)
to mark or commemorate any event.
(2)
These Rules shall not apply to the
following assemblies or processions:(a)
any assembly held in the Botanic Gardens
with the consent or written permission of the National Parks Board;
(b)
any assembly held in connection with
any wedding or funeral —(i)
on any State land;
(ii)
in any Housing and Development Board
estate; or
(iii)
in any public road,
with the consent or written permission
of the Commissioner of Lands, the Estates Officer of the Housing
and Development Board estate or the Chief Executive of the Land
Transport Authority of Singapore, as the case may be;
(c)
any sporting event held in any public
place designated for use for sporting events;
(d)
any assembly in any place of public
resort for the purpose for which the place of public resort is licensed
under any written law;
(e)
any
election meeting to which the Miscellaneous Offences (Public Order and
Nuisance) (Election Meetings) Rules (R 2) apply;
(ea)
any festival auction assembly to which the Miscellaneous Offences
(Public Order and Nuisance) (Festival Auction Assembly) Rules 2000
(G.N. No. S 303/2000) apply;
(eb)
any assembly held in connection with any public entertainment that
is licensed under the Public Entertainments Act (Cap. 257); and
(f)
any assembly or procession held by
or under the direction or control of the Government.
Definitions
3.
In
these Rules, unless the context otherwise requires —"permit"
means a permit to hold an assembly
or procession granted under these Rules;
"place
of public resort"
means an approved
place as defined in the Public Entertainments Act (Cap. 257);
"promoter"
—
(a)
in relation to any assembly or procession,
means any person responsible for organising and holding the assembly
or procession; and
(b)
in relation to a funeral procession,
includes the undertaker and any relative of the deceased person
responsible for the funeral arrangements.
No assembly without permit
4.
—(1)
Subject to rule
15, no person shall hold or assist in holding any assembly or
procession in any public road, public place or place of public resort —(a)
without a permit; or
(b)
in contravention of any condition
of a permit specified in rule 10 (1) or imposed under rule 10 (2).
(2)
Any person who contravenes or fails
to comply with paragraph (1) shall be guilty of an offence and
shall be liable on conviction —(a)
in the case of an offence under paragraph
(1) (a) — to a fine not exceeding $5,000
or to imprisonment for a term not exceeding 3 months or to both;
or
(b)
in the case of an offence under paragraph
(1) (b) — to a fine not exceeding $2,000
or to imprisonment for a term not exceeding one month or to both.
Participation
5.
Any
person who participates in any assembly or procession in any public
road, public place or place of public resort shall, if he knows
or ought reasonably to have known that the assembly or procession
is held without a permit, or in contravention of any term or condition
of a permit, be guilty of an offence and shall be liable on conviction
to a fine not exceeding $1,000.
Restriction of location
6.
No
permit shall be granted in respect of any assembly or procession
on any footway or verandah.
Officer who may grant permits
7.
A
permit may be granted by —(a)
the Deputy Commissioner of Police;
or
(b)
the Commander or the Head (Manpower,
Administration and Logistics) of the Police Division in which the
assembly or procession is intended to be held.
Application for permit
8.
An
application for a permit to hold an assembly or procession shall
be made in writing by the promoter or promoters to the appropriate
police officer referred to in rule 7 —(a)
in the case of an application relating
to a funeral procession — not less than 12 hours before
the procession is to be held; and
(b)
in any other case — not less
than 4 clear days before the assembly or procession is to be held.
Particulars required for application
9.
An
application for a permit in relation to any proposed assembly or
procession shall state —(a)
the names and addresses of all promoters
of the proposed assembly or procession;
(b)
the date on which it is proposed to
hold the assembly or procession;
(c)
in the case of a proposed assembly,
the time and place at which it is intended that persons gather to
participate in the proposed assembly;
(d)
in the case of a proposed procession —(i)
the time at which it is intended that
the procession commence and the proposed route of the procession;
and
(ii)
if it is intended that the procession
should stop along that route for any purpose, every such place;
(e)
the purpose for which the proposed
assembly or procession is to be held;
(f)
the approximate number of persons
expected to attend or participate in the proposed assembly or procession;
(g)
the number and description of vehicles,
banners, dress and insignia intended to be used in the proposed
assembly or procession; and
(h)
the type of music intended to be provided
during, and by whom, and the number and description of instruments
to be used in, the proposed assembly or procession.
Conditions of permit
10.
—(1)
Every
permit shall be subject to the following conditions:(a)
the person to whom a permit is granted
shall not without reasonable excuse be absent from the assembly;
(b)
no procession shall deviate from the
route specified in the permit;
(c)
an assembly or procession shall be
held within the time specified in the permit;
(d)
no singing or music, gongs, drums
or music-producing equipment shall be played during any assembly
or procession unless authorised by the police officer granting the
permit;
(e)
no public address system shall be
used during any assembly or procession unless authorised by the
police officer granting the permit;
(f)
the number of participants in an assembly
or procession shall not exceed the number specified in the permit;
(g)
the number of vehicles used for any
procession shall not exceed the number specified in the permit;
and
(h)
no banners, posters or placards shall
be displayed unless authorised by the police officer granting the
permit.
(2)
Without prejudice to paragraph (1),
the Deputy Commissioner of Police or the police officer granting
the permit may impose such additional conditions as he thinks fit.
Revocation of permit
11.
—(1)
A
permit may be revoked at any time by the Deputy Commissioner of Police
or by the police officer granting the permit.
(2)
The holder or holders of the permit
shall, if he or they so desire, be informed in writing of the reasons
for the revocation.
Production of permit on demand
12.
Every
promoter of an assembly or procession shall on demand produce to
any police officer the permit granted in respect of the assembly
or procession.
Powers of dispersal
13.
Any
police officer may order the dispersal of any assembly or procession
held or conducted without a permit or in breach of any of the conditions
of a permit or if a breach of the peace is likely to occur.
Security
14.
—(1)
A
police officer granting a permit in respect of any assembly or procession
may require each promoter of the assembly or procession to give
security, either in the form of a cash deposit not exceeding $1,000
or by entering into a bond for not more than $2,000, that
the conditions subject to which the permit is granted shall be duly
observed.
(2)
Where a promoter of an assembly or
procession is required to enter into a bond, the police officer
granting the permit may require the promoter to produce not more than
2 sureties.
(3)
Any sum deposited or bond entered into
under this rule may, at the discretion of the police officer who
granted the permit, be forfeited in whole or in part for breach
of any of the conditions subject to which the permit is granted.
(4)
Any person aggrieved by such forfeiture
shall, within 7 days of a request made to the officer ordering the
forfeiture, be furnished in writing with the reasons for the forfeiture.
(5)
Any person aggrieved by such forfeiture
may, within 14 days of the date of the receipt of the reasons for
the forfeiture, appeal in writing to the Minister whose decision
shall be final.
Permit not required for certain wedding and
funeral processions
15.
—(1)
Rule 4 shall not
apply to any procession held in connection with a wedding or funeral
if, and only if —(a)
the procession is held in an area other than
that specified in any order made under section 5 (2) of the Act;
and
(b)
the following conditions are complied with:(i)
the promoter of the procession shall be present
at the assembly area and shall accompany the procession at all times
until the procession stops or the participants disperse, whichever
is the later;
(ii)
the procession shall be held between the hours
of 7 a.m. and 10.30 p.m. and shall not exceed 30 minutes;
(iii)
no public address system shall be used during
the procession;
(iv)
the number of participants in the procession
shall not exceed 150 persons;
(v)
no banners, posters or placards shall be displayed
along the route of the procession;
(vi)
participants in the procession shall not solicit
sponsorship or monetary contributions along the route of the procession;
(vii)
the route of the procession shall not exceed
a distance of 100 metres;
(viii)
the procession shall not cause or result in
obstruction or inconvenience on any public road, bridge, landing
place, or in any public place or place of public resort;
(ix)
in the case of a procession on a public road —(A)
the procession shall not occupy more than one
lane of the road; and
(B)
a reasonable number of persons shall be deployed
to manage traffic and ensure the safety of participants in the procession;
and
(x)
in the case of a procession held in connection
with a funeral, there shall not be any stilt-walking during the
procession.
(2)
Where a breach of the peace
is likely to occur if the procession referred to in paragraph (1)
is allowed to proceed or continue, any police officer may —(a)
order the promoter of the procession not to allow
the procession to proceed; or
(b)
order the dispersal of a procession that has
already commenced.
(3)
Where a police officer has
made an order under paragraph (2) (a) or (b) in relation to a procession, the promoter
of the procession shall take immediate action —(a)
to prevent the procession from proceeding or
continuing, as the case may be; and
(b)
to disperse the participants gathered for the
procession.
(4)
Any promoter who contravenes
paragraph (1) (b) (i) or (3), or who fails to
ensure that the conditions specified in paragraph (1) (b)
(ii) to (x) are complied with, shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $2,000
or to imprisonment for a term not exceeding one month or to both.
[G.N.Nos.S 250/89; S 179/93;S 399/95]