S 489

PUBLIC 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]