I have always been questioned by people if it is illegal to carry a small knife around in daily life. And while I have never known the answer, I have always answered yes, because I know for a fact that unless you're carrying an offensive weapon without a lawful purpose, you cannot be charged.
I finally found enough reason to find out an answer. Here's what I found:
I quote the 'CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVEWEAPONS ACT' from Singapore Statures OnLine:
Carrying offensive weapons in public places.6. —(1) Any person who in any public road or place carries or has in his possession or under his control any offensive weapon otherwise than with lawful authority or for a lawful purpose shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be punished with caning with not less than 6 strokes.
(2) In any prosecution for an offence under subsection (1), the onus of proving the existence of a lawful purpose shall lie upon the accused.
(3) A weapon shall be presumed to be carried with lawful authority if it is carried —
(a) by a member of the Singapore Armed Forces or of the Singapore Police Force or of any visiting force lawfully present in Singapore under the provisions of any law relating to visiting forces; or
(b) by any person as part of his official or ceremonial dress on any official or ceremonial occasion.
(4) An offence under subsection (1) shall be deemed to be a seizable and non-bailable offence.
Take note of Section 6 subsection 1, it states 'Any person who in any public road or place carries or has in his possession or under his control any offensive weapon otherwise than with lawful authority or for a lawful purpose shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be punished with caning with not less than 6 strokes'.
And the interpretion of "offensive weapon" includes any instrument which if used as a weapon of offence is likely to cause hurt.
Which means the knife falls under this category, for obvious reasons.
So basically, if you carry a knife, you can be guilty of an offence. Unless, like I said, you provide a lawful purpose. Lawful meaning 'being in harmony with the law' or 'conforming with the law'. So if a person (like me) carries a knife around for cutting fruits and general purpose use, it's fine. That is my interpretation of this law (is this a law?).
Of course, if you go around town flashing your knife at everyone you see, the police is not going to believe you when you say 'it's for cutting fruits', needless to say why.
Also, take note of "scheduled weapon", which means any offensive weapon specified in the Second Schedule.
The Second Schedule states:
1. Any knife, sometimes known as a flick knife, which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife. Note: HANDLE.
2. Any knife, sometimes known as a gravity knife, which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever or other device.
3. Any whip manufactured from bicycle or motor cycle chains or from any similar kind of chainwork.
4. All kinds of knuckledusters.
5. Any blade or other instrument attached to or forming part of a bicycle pump, metal-pipe or stick, and concealed therein, which is capable of being used for cutting or stabbing.
6. Any sword, machete or parang, axe, sickle, bearing scraper, spear, bayonet, iron rod, and the nancha-ku (segments of wood or metal joined by a chain, leather strap or cord).
And the Law pertaining to this:
A person in possession of any scheduled weapon shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be punished with caning with not less than 6 strokes, and in the case of a second or subsequent offence to imprisonment for a term of not less than 2 years and not more than 8 years and shall also be punished with caning with not less than 6 strokes.
Friday, July 18, 2008
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