Statute Details
- Title: Police Force (Exemption) Order 2017
- Act Code: PFA2004-S755-2017
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Police Force Act (Cap. 235), section 116
- Commencement: 1 January 2018
- Current Status (as provided): Current version as at 27 Mar 2026
- Key Provisions: Section 2 (definitions), Section 3 (exemption), Section 4 (revocation)
- Previous Instrument Revoked: Police Force (Exemption) Order 2008 (G.N. No. S 433/2008)
What Is This Legislation About?
The Police Force (Exemption) Order 2017 is a Singapore subsidiary legislation made under the Police Force Act (Cap. 235). In plain terms, it creates a targeted exemption from a specific requirement in the Police Force Act—namely, it carves out certain categories of persons to whom section 86(9)(a) of the Police Force Act does not apply.
The practical effect is to regulate when certain persons may engage in activities involving security-related equipment and weapons—particularly in the context of security transportation and the carrying or possession of specified weapons in public places. The Order does not broadly “permit” weapons; rather, it aligns the Police Force Act’s restrictions with other licensing and authorisation regimes under Singapore law, especially the Private Security Industry Act (Cap. 250A) and the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184).
Accordingly, the Order functions as a legal bridge between (i) the Police Force Act’s general framework and (ii) the authorisation/licensing frameworks for private security and public order offences. It ensures that persons who are properly licensed or authorised under the relevant statutes can carry out their regulated roles without being inadvertently caught by the Police Force Act’s section 86(9)(a) prohibition.
What Are the Key Provisions?
1. Citation and commencement (Section 1)
Section 1 provides the formal name of the instrument and states that it comes into operation on 1 January 2018. This is important for practitioners determining whether the exemption applies to conduct occurring before or after that date.
2. Definitions (Section 2)
Section 2 defines three key terms that appear in the exemption clause:
- “security transportation” is given the same meaning as in regulation 23 of the Private Security Industry (Private Investigation and Security Agencies) Regulations 2009 (G.N. No. S 167/2009). This cross-reference matters because the scope of “security transportation” is not invented by the Order; it is anchored in the detailed regulatory definition in the 2009 Regulations.
- “specified weapon” means any weapon specified by the Minister under section 22A(1) of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184). This indicates that the list of “specified weapons” is dynamic and ministerially determined under the public order statute.
- “valid security agency’s licence” means a security agency’s licence issued under the Private Security Industry Act (Cap. 250A) that is currently in force. The emphasis on “in force” is critical: the exemption depends on the licence being valid at the relevant time.
3. The exemption from section 86(9)(a) of the Police Force Act (Section 3)
Section 3 is the core operative provision. It states that section 86(9)(a) of the Police Force Act does not apply to certain persons listed in paragraphs (a) to (c). While the extract does not reproduce the text of section 86(9)(a), the structure makes clear that the exemption is narrow and conditional.
(a) Licensed security agency personnel providing security transportation
Under section 3(a), the exemption applies to “any person” who:
- (i) holds a valid security agency’s licence; and
- (ii) provides, in the course of that person’s business as a security agency, security transportation in the manner specified in that licence.
This provision is practitioner-relevant because it ties the exemption to both status (a valid licence) and conduct (providing security transportation “in the manner specified” in the licence). In other words, even a licensed security agency will not automatically qualify if it departs from the conditions or manner of operation stipulated in its licence.
(b) Private investigators/security officers/security service providers authorised to carry truncheons or specified weapons
Section 3(b) extends the exemption to a person who is:
- a private investigator, security officer, or security service provider licensed under the Private Security Industry Act (Cap. 250A); and
- authorised under section 22A(4) of the Miscellaneous Offences (Public Order and Nuisance) Act to carry or have in possession in any public place a truncheon or specified weapon.
This clause is significant because it explicitly contemplates the carrying/possession of weapons in public places. The exemption is therefore not merely about internal security operations; it is about public-facing conduct. However, the exemption is conditional on the person having the relevant authorisation under the public order statute.
(c) Persons authorised by the Commissioner of Police
Section 3(c) further exempts “any person” who is authorised by the Commissioner of Police under section 22A(5) of the Miscellaneous Offences (Public Order and Nuisance) Act to carry or have in possession or under the person’s control in any public place any truncheon or specified weapon.
This provision is broader in that it is not limited to private security licence holders; it applies to any person who meets the authorisation requirement from the Commissioner of Police. From a compliance perspective, the key question becomes whether the authorisation exists and covers the relevant weapon and public place context.
4. Revocation (Section 4)
Section 4 revokes the Police Force (Exemption) Order 2008 (G.N. No. S 433/2008). This means that, from the commencement of the 2017 Order (1 January 2018), the 2008 exemption framework is replaced by the 2017 instrument. Practitioners should therefore check which version applied at the time of the relevant events and ensure that any reliance on exemptions is anchored to the correct instrument.
How Is This Legislation Structured?
The Order is short and structured as a conventional subsidiary instrument with four sections:
- Section 1 sets out the citation and commencement date.
- Section 2 provides definitions, using cross-references to other regulations and statutes.
- Section 3 contains the operative exemption, specifying categories of persons and the conditions under which the exemption applies.
- Section 4 revokes the earlier 2008 Order.
Notably, the Order does not contain extensive procedural or enforcement provisions within the extract. Its function is primarily to define who is exempt and to connect the exemption to other licensing/authorisation regimes.
Who Does This Legislation Apply To?
The exemption applies to specific categories of persons, rather than to the public at large. In summary, it covers:
- persons holding a valid security agency’s licence who provide security transportation in the manner specified in that licence; and
- licensed private investigators, security officers, and security service providers who are authorised under the public order statute to carry or possess truncheons or specified weapons in public places; and
- any person authorised by the Commissioner of Police under the public order statute to carry or have in possession or under control truncheons or specified weapons in public places.
Because the exemption is conditional, applicability depends on the existence and validity of the relevant licence or authorisation at the time of the conduct. For security agencies, the “manner specified” in the licence is particularly important; for weapon-related conduct, the authorisation under section 22A(4) or (5) of the Miscellaneous Offences (Public Order and Nuisance) Act is the gating requirement.
Why Is This Legislation Important?
This Order matters because it resolves potential legal overlap between the Police Force Act and the regulatory framework for private security and public order offences. Without such an exemption, persons acting within the scope of their licensed or authorised security roles could face uncertainty as to whether the Police Force Act’s section 86(9)(a) restriction applies to them.
From a practitioner’s perspective, the Order is a compliance and risk-management tool. It provides a structured basis to argue that certain security-related activities—particularly security transportation and the carrying/possession of specified weapons in public places—are not caught by the Police Force Act provision, provided the statutory conditions are met.
In enforcement terms, the Order shifts the focus to whether the person can demonstrate:
- a valid security agency’s licence and adherence to the licence’s specified manner of security transportation; and/or
- authorisation under section 22A(4) (for licensed private investigators/security officers/security service providers) or section 22A(5) (for Commissioner of Police authorisation) under the Miscellaneous Offences (Public Order and Nuisance) Act.
Practically, this means documentation—licences, authorisation letters/records, and evidence of compliance with licence conditions—will be central in any dispute about whether the exemption applies.
Related Legislation
- Police Force Act (Cap. 235) — in particular section 86(9)(a) (as exempted) and section 116 (as the authorising provision).
- Private Security Industry Act (Cap. 250A) — licensing framework for security agencies and related persons.
- Private Security Industry (Private Investigation and Security Agencies) Regulations 2009 (G.N. No. S 167/2009) — regulation 23 definition of “security transportation”.
- Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184) — section 22A (including sections 22A(1), 22A(4), and 22A(5) relevant to specified weapons and authorisations).
- Police Force (Exemption) Order 2008 (G.N. No. S 433/2008) — revoked by section 4 of the 2017 Order.
Source Documents
This article provides an overview of the Police Force (Exemption) Order 2017 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.