The Undesirable Publications Act 1967 (UPA) is a Singapore statute which, according to its long title , prevents the importation, distribution, or reproduction of undesirable publications and for purposes associated in doing so. The Act, which was passed in 1967 empowers the Government of Singapore in incriminating and punishing both individuals and corporates that are involved in the sale, supply, exhibition, or distribution of obscene and objectionable publications.
26-697: The UPA looks after matters relating to the importation, distribution or reproduction of undesirable publications. Together with the Penal Code , Films Act and the Children and Young Persons Act, the UPA law also seeks to protect all persons, including children, from being exploited for pornography especially child pornography . Under the UPA, it may be a punishable offence to make, sell or distribute objectionable publications, including calendars. Other than pornography, objectionable publication that may also fall under
52-408: A bill becomes an Act , is separate from commencement. Even if a bill passes through all necessary stages to become an Act, it may not automatically come into force. Moreover, an Act may be repealed having never come into force. A country's law could determine that on being passed by lawmakers a bill becomes an act without further ado. However, more usually, the process whereby a bill becomes an Act
78-668: A review by the Media Development Authority (MDA). Review of gazetted publications are conducted in consultation with the Publications Consultative Panel, whereas 17 publications, mostly pornographic that still remain officially prohibited in Singapore may include: A grey area of this law may be that of taking and keeping photos of oneself having sex. Taking photographs or videos of oneself having sex or of others without taking payment
104-595: A superior law or legal framework, such as a constitution or the standing orders of the legislature in which it originated. "Coming into force" generally includes publication in an official gazette so that people know the law or treaty exists. After their adoption, treaties as well as their amendments may have to follow the official legal procedures of the organisation, such as the United Nations, that sponsored it, including signature , ratification , and entry into force. The process of enactment, by which
130-527: Is not against the law, however, dissemination of such materials is an infringement of the UPA. Janet Jackson 's 2001 album All for You was banned under the UPA over sexually explicit lyrics in one of the songs "Would You Mind". In 2004, Steve Chia of the National Solidarity Party was let off with a warning after being found in possession of an obscene film. In 2008, Ong Kian Cheong and Dorothy Chan Hien Leng were charged under both
156-428: Is not expressed to come into force or operation on a particular day shall come into operation immediately on the expiration of the day before the date of the passing thereof, or, where the enactment is a statutory instrument, of the making thereof. (2) Where an enactment is expressed to come into force or operation on a particular day (whether such day is before or after the date of the passing of such enactment, or where
182-522: Is required to definitely signify his approval, as for example in the granting of royal assent in the Commonwealth realms . In others, a bill automatically becomes an Act unless vetoed , as for example in the United States . But these steps do not, in themselves, make an act legally binding on the population. An act is typically brought into force in one of three ways: It is not necessarily
208-427: Is the process by which legislation , regulations , treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as
234-402: Is the role of the prosecution to must prove the case in court against the accused beyond reasonable doubt . In general, an accused offender is usually first charged with an appropriate offence that can be established on the facts of the case. Upon engaging a lawyer (defence counsel), the defence counsel will make written representations without prejudice legally to the prosecuting authority,
260-401: Is well prescribed in general constitutional or administrative legislation . This process varies from country to country, and from political system to political system. Typically, the process by which a bill becomes an Act includes signature or some other token of assent by the head of state and publication in an official gazette . In some systems, the head of state or some other official
286-745: The Attorney-General's Chambers , Ministry of Law and other agencies, conducted an extensive review of the Penal Code in order to bring it "up to date, and make it more effective in maintaining a safe and secure society in today's context". Between 9 November and 9 December 2006, the MHA held a public consultation on proposed changes to the Code. Among the proposed amendments are the ones set out below. Came into force In law , coming into force or entry into force (also called commencement )
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#1732793898690312-637: The Interpretation Act 1978 provides: An Act or provision of an Act comes into force— This replaces the corresponding provision in the Acts of Parliament (Commencement) Act 1793 . Schedule 1 of that Act contains the following definition: "Commencement", in relation to an Act or enactment, means the time when the Act or enactment comes into force. Sections 14(1) and (2) of the Interpretation Act (Northern Ireland) 1954 read: (1) Every enactment which
338-623: The criminal law of Singapore , as well as the elements and penalties of general criminal offences such as assault , criminal intimidation , mischief , grievous hurt , theft , extortion , sex crimes and cheating . The Penal Code does not define and list exhaustively all the criminal offences applicable in Singapore – a large number of these are created by other statutes such as the Arms Offences Act , Kidnapping Act , Misuse of Drugs Act and Vandalism Act . For most of
364-552: The 19th century the criminal law which applied in the Straits Settlements (comprising Prince of Wales' Island ( Penang ), Singapore and Malacca ) was that of the United Kingdom , insofar as local circumstances permitted. There was little doubt that at the time English common law crimes were recognized in these territories. However, due to problems such as doubts as to the applicability of Indian Acts, in 1871
390-669: The Prosecution may then review, exercise his prosecutorial discretion, and consent to amend the charge with lesser relevant offence, a process known as plea bargaining . This is where the defence counsels will engage without prejudice with the Public Prosecutor in negotiations for reduction of charges, or mitigation in plea to seek leniency from the Court. In 2006, the Ministry of Home Affairs (MHA), in consultation with
416-575: The Sedition Act and Undesirable Publications Act for allegedly distributing evangelistic publication titled The Little Bride that cast Prophet Muhammad in negative light. In 2015, the government lifted the ban of 240 publications, including the 18th century erotic novel Fanny Hill or anti-colonial books. Taking part in an outdoor nude photo shoot may trigger the Miscellaneous Offences (Public Order and Nuisance) Act instead of
442-563: The Straits Settlements Penal Code 1871 was enacted. It came into operation on 16 September 1872. The Code was practically a re-enactment of the Indian Penal Code . Over the years, the Penal Code has been amended several times. The Penal Code has over 500 sections, and is divided into 24 chapters. The Penal Code defines the elements of each offence and prescribes the maximum, and occasionally also
468-482: The UPA, as in the case of two tourists taking nude photographs at Sentosa in 2016. In 2017, Singapore banned nine books from a Singaporean preacher. In 2021, Cherian George 's book, Red Lines: Political Cartoons and the Struggle against Censorship , was banned for reproducing materials that are offensive to religious feelings. Penal Code (Singapore) The Penal Code 1871 sets out general principles of
494-536: The beginning of the day after the day on which the Bill for the Act receives Royal Assent. 3 Commencement of Acts of the Scottish Parliament and Scottish instruments: time (1) Subsection (2) applies where an Act of the Scottish Parliament or a Scottish instrument provides for the Act or instrument to come into force on a particular day. (2) The Act or instrument comes into force at the beginning of
520-417: The birth, marriage, reaching a particular age or death of a certain person . On rare occasions, the effective date of a law may be backdated to a date before the enactment. To come into force, a treaty or Act first needs to receive the required number of votes or ratifications. Although it is common practice to stipulate this number as a requirement in the body of the treaty itself, it can also be set out in
546-727: The case that a statute which comes into force remains in force until it is repealed; it may be explicitly brought out of force, and perhaps later brought back into force. For example, in Ireland, Section V of the Offences against the State Act 1939 (which provides for the Special Criminal Court ) goes in and out of force by government proclamation: it was brought into force on 24 August 1939, out of force on 2 October 1962, and back into force on 26 May 1972. Section 4 of
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#1732793898690572-408: The enactment is a statutory instrument, of the making thereof, and whether such day is named in the enactment or is to be appointed or fixed or ascertained in any other manner) the enactment shall be construed as coming into force immediately on the expiration of the day before that particular day. In an enactment the expression "commencement", when used with reference to any statutory provision, means
598-413: The jurisdiction of the UPA include those that offend racial and religious harmony on the island, e.g. hate speech. If a work concerns any race or religion in a certain manner such that feelings of enmity, hatred, or hostility were to be aroused, this very publication may be deemed objectionable as well. Anti-colonial and Communist material were once banned by the UPA, but the ban has since been lifted after
624-489: The minimum, penalties for it. The basic form of an offence (commonly referred to as the 'simple offence' or, using Latin terminology, as the 'offence simpliciter' ) has the lowest penalties. More serious forms of the offence are defined as separate offences and attract stiffer penalties. For instance, theft is defined in section 378 of the Code, and section 379 makes simple theft an offence punishable with imprisonment of up to three years or with fine or both. Section 379A punishes
650-525: The theft of a motor vehicle or any component part of a motor vehicle with imprisonment of not less than one year and not more than seven years and a fine. The Attorney-General of Singapore 's role as the Public Prosecutor is done by the AGC's Crime Division. Prosecutorial discretion grants AGC the power to institute, conduct or discontinue any prosecution at his discretion. In criminal law, it
676-510: The time at which that provision comes into operation. Sections 2 and 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 , which applies to Acts of the Scottish Parliament and Scottish Statutory Instruments, provide- 2 Commencement of Acts of the Scottish Parliament (1) Subsection (2) applies where no provision is made for the coming into force of an Act of the Scottish Parliament. (2) The Act comes into force at
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