Parliament to consider renewing criminal law Act

SINGAPORE — The Ministry of Home Affairs (MHA) yesterday tabled a Bill in Parliament to renew the Criminal Law (Temporary Provisions) Act for another five years.

Last renewed in 2009, the Act allows the Home Affairs Minister to issue detention or police supervision orders against those “associated with activities of a criminal nature”, if he deems it necessary in the interests of public safety, peace and good order.

In response to queries, an MHA spokesperson said the Act is used “judiciously”, adding that an average of 37 new detention orders and eight new police supervision orders were issued each year between 2009 and 2012. From 2004 to 2008, 366 detentions and 272 releases were made under the Act.

Detention orders were most recently issued on Oct 2 to four men for their alleged role in a global football match-fixing syndicate. The four were part of a group of 14 arrested by the Singapore police on Sept 17 under the Prevention of Corruption Act.

The arrest prompted Member of Parliament Sylvia Lim (Aljunied GRC) to ask Deputy Prime Minister and Home Affairs Minister Teo Chee Hean in Parliament on the specific justifications for detaining the four alleged match-fixers instead of prosecuting them through the courts for corruption offences.

Mr Teo said in a written reply that the Criminal Law (Temporary Provisions) Act is used “as a last resort in cases where accomplices and witnesses dare not testify against criminals in court, for fear of reprisal”.

While the Act — introduced in 1955 — has historically been used to target criminal syndicates such as secret societies, drug traffickers and unlicensed moneylenders, it was also invoked in illegal soccer match-fixing this month as the activity was “carried out by organised criminal syndicates with complex and layered structures motivated by financial gain”, he said.

“Witnesses able to provide testimony against the syndicate are unwilling to do so,” said Mr Teo. “Additionally, where cross-border illegal activities are involved, the difficulties of securing evidence and witnesses willing to cooperate and testify against the syndicate in open court are amplified.”

The MHA yesterday stressed that there are “substantial safeguards” in the Act, such as requiring the Public Prosecutor’s consent before any detention order or police supervision order is issued by the minister.

Each order is reviewed by an independent Criminal Law Advisory Committee, comprising former judges and experienced lawyers in private practice. The committee will then make recommendations to the President, who will cancel, confirm or vary the order on advice of the Cabinet.