The Criminal Law (Temporary Provisions) Act 1955 (often known by the abbreviation "CLTPA") is a Singapore statute that, among other things, allows the executive branch of the Government of Singapore to order that suspected criminals be detained without trial. It was introduced in 1955 during the colonial era and intended to be a temporary measure, but has since been renewed continuously; the Government has declined to make it permanent, claiming it "believe[s] that the Act should be explicitly extended by Parliament every five years".: "[T]he Government has to come to Parliament once every five years to renew the Act. There have been calls in the past to make the Act permanent but we believe that the Act should be explicitly extended by Parliament every five years." The Act was renewed for the 14th time by the Criminal Law (Temporary Provisions) (Amendment) Act 2018. The validity of the Act was most recently extended in April 2024, and it will remain in force till October 2029.
According to the Government, the Act is only used as a last resort when a serious crime has been committed and a court prosecution is not possible because witnesses are unwilling or afraid to testify in court. The Act is used largely in cases relating to secret societies, drug trafficking and loansharking; in 2016, out of a total of 109 detainees, 91 were detained for secret society activities, 12 for unlicensed moneylending and 5 for drug trafficking.
Part V of the Act provides that whenever the Minister for Home Affairs is satisfied that a person, whether at large or in custody, "has been associated with activities of a criminal nature", the Minister may order that the person be detained for any period not exceeding 12 months if he is satisfied that such detention is necessary "in the interests of public safety, peace and good order"; or order that the person be subject to police supervision for any period not exceeding three years. Such "activities of a criminal nature" include secret society involvement, gang activities, drug trafficking, unlicensed moneylending, human trafficking, robbery with firearms, murder, gang rape, kidnapping, and any organised crime activity as defined in section 48(1) of the Organised Crime Act.CLTPA, Fourth Schedule (inserted in 2018).
Within 28 days of a detention order being made, the Minister must refer the order and a statement of the grounds upon which the order was made to an advisory committee; such advisory committees are, since March 2018, chaired by sitting Judges of the Supreme Court. The advisory committee must submit a written report on the making of the order, with recommendations as it thinks fit, to the President of Singapore, who may cancel or confirm the order. The President may, from time to time, extend the validity of any detention order for periods not exceeding 12 months at any one time, and may at any time refer any such orders for further consideration by an advisory committee. Between 2008 and 2012, the average number of detention orders issued each year was 43, and as of 31 October 2013 there were 209 people detained under the CLTPA; this had fallen to 109 in 2016.
Part II of the Act contains criminal offences designed to prevent supplies from falling into the hands of persons who intend or are about to act or have recently acted in a manner prejudicial to public safety or the maintenance of public order in Singapore, and the creation or possession of subversive documents. Part III prohibits strikes and lock-outs in the electricity, gas and water service industries. It also renders illegal such actions taken in respect of other essential services unless 14 days' notice has been given, or during the course of proceedings taken to resolve trade disputes. Part IV contains various general provisions, including provisions empowering the police to disperse assemblies; carry out searches; and take photographs, finger impressions and body samples from persons arrested, detained or subject to police supervision.
History The first version of the Criminal Law (Temporary Provisions) Act ("CLTPA") was enacted as the Criminal Law (Temporary Provisions) Ordinance 1955,No. 26 of 1955. when Singapore was a Crown colony of the British Empire. Notable portions of the Ordinance included Part III which aimed to control the movement of persons and vessels in the Straits of Johor, and was intended to assist the Federation of Malaya in denying supplies to Communist terrorists in the jungles of Johor.. Part V made it necessary to give 14 days' notice of a strike or lock-out in an essential service to enable emergency arrangements to be made for ensuring a minimum service necessary for the well-being of the public.Goode (1955), Legislative Assembly Debates, cols. 762–763. The Ordinance required renewal after three years..
In August 1958, the Ordinance was amended to provide for the preventive detention without trial of persons associated with criminal activities for up to six months.By the Criminal Law (Temporary Provisions) (Amendment) Ordinance 1958 (No. 25 of 1958). During the Second Reading of the Amendment Bill, the Chief Secretary of the Legislative Assembly of Singapore, Edgeworth Beresford David, said that such powers were needed to combat gang fights or other crimes committed by secret society members, particularly violent conflict between such societies. He noted that while in 1954 there had been 30 secret society gang fights, by 1957 the number had risen to 150, and in the first six months of 1958 there had already been 157 fights – double the rate for the previous year. Such fights were difficult for the police to detect and to prosecute, as eyewitnesses were too frightened of reprisals to furnish information leading to the arrests of gang members.. He said:
The Chief Secretary emphasized that the powers to detain without trial were not intended to be used indiscriminately. Rather, they were designed to deal with ringleaders of gangs and those primarily responsible for their activities, to break the organizations of gangs and prevent their leaders from coercing less vicious members of their gangs as well as the general public.David (1958), Legislative Assembly Debates, col. 606. Further, the Government was introducing the powers as a temporary measure to meet an immediate threat, and they would not be retained as soon as the circumstances were such that the threat no longer existed.David (1958), Legislative Assembly Debates, cols. 631–632. The Amendment Bill was supported by Lee Kuan Yew, then Member of Parliament for Tanjong Pagar, who said:
After Singapore became a self-governing state within the British Empire, in September 1959 the Ordinance was amended again to extend the period of detention from six to 12 months, to give the Minister for Home Affairs the power to place persons associated with criminal activities under police supervision as an alternative to detention, and to impose special restrictions on persons under police supervision and special penalties on them for breaking the restrictions or being convicted of specified offences. The Ordinance, which was due to expire in October of that year, was also extended for a five-year period.Criminal Law (Temporary Provisions) (Amendment No. 2) Ordinance 1959 (No. 56 of 1959): see . From that time, the Act has been extended every five years, remaining on the statute books after Singapore's full independence in 1965. The statute has been renewed 15 times since 1955, most recently on 20 October 2024,: "[T]he Criminal Law (Temporary Provisions) Act or CLTPA was enacted on 21 October 1955. Since then, Parliament has extended it eleven times." The Act was renewed for the 13th time by the Criminal Law (Temporary Provisions) (Amendment) Act 2013.; . and is presently in force till 20 October 2029.CLTPA, s. 1(2), as amended by the Criminal Law (Temporary Provisions) (Amendment) Act 2018: "This Act continues in force for a period of 5 years beginning on 21 October 2019."
In 1998, Lee Kuan Yew, who by then had served as Prime Minister for over 40 years between 1959 and 1990 and was Senior Minister of Singapore at the time, reiterated his support for the law:
The CLTPA was termed "draconian legislation" in a 2004 article by the Asian Centre for Human Rights,. and in its 2006 manifesto the Workers' Party of Singapore called for the Act to be re-examined to determine whether it is still necessary in today's context;. the party also voted against its renewal in 2018. It has also been suggested by an academic that the power to detain without trial in the Act is unconstitutional as it is not authorized by Articles 149 and 150 of the Constitution of Singapore and is outside the common law legislative power of Parliament..
Content The long title of the Act states that it is "[a]n Act to make temporary provisions for the maintenance of public order, the control of supplies by sea to Singapore, and the prevention of strikes and lock-outs in essential services". ("CLTPA"). The Act is divided into five parts. The first part, entitled "Preliminary", specifies the short title of the Act and contains a definition section.CLTPA, ss. 1 and 2. It also contains section 1(2), a sunset provision which reads: "This Act shall continue in force for a period of 5 years" from a specified date, currently 21 October 2029.Criminal Law (Temporary Provisions) (Amendment) Act 2018. This provision is amended each time the validity of the Act is extended. The other parts of the Act deal with the matters described below.
Miscellaneous offences relating to public safety Supplies
Part II of the CLTPA creates miscellaneous offences relating to public safety. Under section 3(1), it is an offence to demand, collect or receive any supplies from any other person in circumstances which raise a reasonable presumption that: he intends or is about to act or has recently acted in a manner prejudicial to public safety in Singapore or the maintenance of public order therein; or the supplies so demanded, collected or received are intended for the use of any person who the first-mentioned person knows or has reason to believe intends, or is about, so to act, or has recently so acted. The term supplies is defined in section 2 as including money, food, drink, clothing, rubber, tin or other valuable commodity, any medicine or drug or other medical supplies, and any material or instrument or part thereof for printing, typewriting or duplicating words or objects in visible form. The penalty for the offence is imprisonment for a term not exceeding 10 years.CLTPA, s. 3(1).
Section 3(2) provides that any person who is found in possession of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that the supplies are intended for the use of any person who that first-mentioned person knows or has reason to believe intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding seven years.