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;
S 304/2000, wef 30/06/2000

(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]