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 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.
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.
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]