Criminal Law (Temporary Provisions) Act Factsheet
A Singapore SAFE for all
Our crime rates have fallen in recent years. However, it is important that we
do not take this for granted. The threats posed by secret societies and criminal
syndicates involved in activities such as drug trafficking and unlicensed
moneylending have by no means been eradicated. They will continue evolving their
modus operandi and become more sophisticated to evade detection and prosecution.
The Criminal Law (Temporary Provisions) Act [CL(TP)Act] is a critical piece of
legislation that will help us maintain the public safety, peace and good order of
Singapore.
Do you know WHAT…
1.
What is the CL(TP) Act ?
Under the CL(TP) Act, it is provided that if the Minister for Home Affairs is
satisfied that any person has been associated with activities of a criminal nature and
it is necessary that the person be detained in the interests of public safety, peace and
good order, the Minister may, with the consent of the Public Prosecutor, detain the
person for any period not exceeding 12 months from the date of the Order. The Act
can also be invoked by the Minister to place such a person under police supervision
for up to 3 years. The CL(TP) Act has typically been invoked where necessary to
deal with persons involved in criminal activities such as participation in secret
societies, syndicated crimes, drug trafficking and unlicensed moneylending.
Prosecuting offenders in court is always the first course of action. One reason
why the Act has to be invoked is because accomplices and witnesses dare not testify
in open court against these criminals for fear of reprisal. Since these offences are
usually not reported to the Police and can only be uncovered through detailed
enquiries and statements obtained from suspects and accomplices, prosecution of
these offenders in court is not always possible.
2.
What are the origins of the CL(TP) Act?
The CL(TP)Act can be traced back to the enactment of the Criminal Law
(Temporary Provisions) Ordinance on 21 October 1955. The CL(TP) Ordinance
provided for the enhancement of punishment of secret society members. It also
enabled the Police to oppose the granting of bail by the court in such cases pending
trial. The purpose of opposing bail was to prevent secret society members from
intimidating or interfering with prosecution witnesses at the trial and to prevent
further offences while on bail.
In 1958, the CL(TP) Ordinance was amended to allow for detention and
police supervision of those involved in criminal activities through Orders issued by
the Minister for Home Affairs. A key objective was to fight gangsterism and to
address the threats posed by secret societies.
In 1974, with a deteriorating drug situation, the CL(TP) Act was used to
detain drug traffickers. More recently, in the past decade, the Act was used to deal
with unlicensed moneylending syndicates.
The CL(TP) Act has a sunset clause whereby the Act would lapse after 5
years unless renewed. The Act has been renewed 13 times since 1955. The last
renewal took effect from 21st October 2014.
Do you know WHEN…
3.
When are powers under the CL(TP) Act used?
Prosecuting offenders in court is the preferred course of action. However,
there are instances when court prosecution is not possible as accomplices and
witnesses are unwilling to testify in court for fear of reprisals. The Act is used as the
last resort against offenders in such instances.
There are strict guidelines on the use of the powers under the CL(TP) Act. It
is only used in the last resort, where necessary and justified, in the interests of public
safety, peace, and good order. There are strict safeguards in place:
 There is a strict 16-day timeline between the time when a person is
arrested under the CL(TP) Act and when the Minister issues a
Detention Order. This ensures that investigations are carried out and
concluded promptly.
 The Public Prosecutor’s concurrence must be sought before a new
Detention Order or Police Supervision Order is issued.
 All Orders have to be referred to an independent Criminal Law
Advisory Committee (CLAC) within 28 days of the making of the
Order. The CLAC will then make its recommendation to the
President, who may cancel, confirm or vary the Orders on advice of
the Cabinet.
Do you know WHY…
4.
Why is the CL(TP) Act still called temporary when it has been around
since 1955?
The CL(TP) Act has been in force since 1955. The temporary nature of the
CL(TP) Act refers to the sunset clause which requires the Government to seek
Parliament’s endorsement each time it wishes to have the CL(TP) Act renewed.
The requirement to seek Parliament's endorsement to renew the CL(TP) Act
every 5 years serves as a safeguard to ensure that the Act is still needed and that it is
being applied properly. As MHA’s record of using the Act will come under close
scrutiny in Parliament, MHA will have to justify its use of the Act and recommend
whether there is still a need for it. Parliament will then decide if there is a case.
So WHO…
5.
Who are the persons that are usually dealt with under the CL(TP) Act ?
The CL(TP)Act is used to issue detention and police supervision orders
against persons engaged in criminal activities and where it is necessary to do so in
the interests of public safety, peace and good order. It is used, where necessary, to
deal with those involved in criminal activities such as secret societies, unlicensed
moneylending, and drug trafficking syndicates. Criminal syndicates have complex
and layered structures. They tend to operate under the cloak of secrecy and their
activities are usually hard to detect. They pose a threat to society through the use of
violence and perpetuation of criminal activities that compromise the peace and good
order in society. Given the nature of their criminal activities, accomplices and
witnesses may be fearful of reprisals against themselves or their families and be
unwilling to testify in open court. The CL(TP) Act may be used as a last resort
under such circumstances to protect society and maintain peace and good order.
6.
Finally, let’s look at the safeguards built into the use of the CL(TP) Act...
 Thorough Assessment
The law enforcement agencies such as the Police or the Central Narcotics
Bureau conduct thorough investigations and are required to put up a case to justify
detaining a person or placing him under police supervision under the CL(TP) Act.
The case is scrutinised by senior MHA officials to ensure that the case warrants the
use of the powers under the Act. The consent of the Attorney-General (in his
capacity as Public Prosecutor) has to be obtained before the case is sent to the
Minister for Home Affairs to decide whether to issue the Detention Order or Police
Supervision Order.
 Independent Review
After a Detention Order or Police Supervision Order has been issued by the
Minister, the case will be referred to the Criminal Law Advisory Committee
(Hearing) for review. The detainee or police supervisee will be informed of the
grounds for his detention/police supervision, and be given the right to make his own
representations to the Committee. He may also be represented by a lawyer of his
choice. The Advisory Committee comprising prominent private citizens will sit to
scrutinise the evidence and may examine the detainee/supervisee, investigating
officers and witnesses on the facts of the case.
 Confirmation by the President
Once satisfied with the evidence, the Committee will submit its
recommendations to the President, through the Cabinet. Under the Constitution of
Singapore, the President acts on the advice of the Cabinet. The Cabinet reviews the
initial order and advises the President whether to cancel, confirm or vary the Order.
This is another important safeguard as every case is scrutinised by the highest
executive authority in government.
 Review of Detention Orders
The Criminal Law Advisory Committee (Review) independently reviews
each detainee’s case annually. Every extension of a Detention Order undergoes
fresh consideration by the Cabinet. The Cabinet will advise the President whether to
extend the Detention Order. The review process is repeated annually.
 Review of cases beyond 10 years
Another independent advisory committee, the Criminal Law Review Board,
will sit to review all cases of detention beyond 10 years. This Board comprises a
different set of members and it examines and makes recommendations to the
President on the need for the detainee’s continued detention.
 Renewal of the Act
The requirement to seek Parliament’s endorsement to renew the CL(TP) Act
every 5 years serves as an additional safeguard to ensure that the Act is still needed
in the light of changing circumstances and that it is being applied properly.
 Advisory Committees
There are 5 Criminal Law Advisory Committees (CLACs) comprising
Justices of the Peace, senior lawyers and community leaders that look into the
CL(TP) cases. Of the 5 CLACs, 3 examine every new Detention Order and Police
Supervision Order issued by the Minister for Home Affairs. The 3 committees may
hear and consider representations from the detainees or their lawyers. They review
and examine the evidence in each case before making recommendations to the
President to cancel, confirm or vary the Orders issued. The Orders are then
considered by the President acting on the advice of the Cabinet.
The other 2 CLACs review the detention cases. The Criminal Law (Review)
Committee reviews each case annually while the other, called the Criminal Law
Review Board (CLRB) reviews cases where the detainees have been detained for 10
years or more. The function of the CLRB is to ensure that cases where persons who
have been detained beyond 10 years are specially scrutinised to determine that they
are not detained longer than necessary.
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