Published: 08 January 2018
Mr. Chen Show Mao: To ask the Minister for Home Affairs (a) under what laws, regulations or other authority are individuals’ right to travel restricted when they are assisting in police investigations but not under arrest themselves, and (b) what limits apply to the exercise of any police powers to restrict travel and what recourse is available to appeal against any such exercise.
1. Section 112 of the Criminal Procedure Code empowers Police officers of or above the rank of Sergeant to require a person to surrender his travel document. There are two requirements. Firstly, the Police officer must have reasonable grounds to believe that the person has committed an offence.
Secondly, the Police officer must obtain the written consent of an authorised officer. This is a Police officer of or above the rank of Deputy Superintendent, who is specifically authorised by the Commissioner of Police. Section 112 can be used regardless whether the person has been arrested.
2. Section 113 allows a person who has surrendered his travel document to apply to the Police for the return of his travel document. The Police will review such applications. If the application is refused, the person may then apply to a District Judge for the return of his travel document.