Where’s your badge? Who are you representing?
By Mark Teng, Executive Director (Profile) & Michael Yee, Incoming Trainee ‘23
One year on, and we have seen masks of all designs flood the market. Almost everybody has learnt to adapt to a masked life, much like the superheroes we grew up with, who preferred saving the day incognito. But there are still the few who feel otherwise. And you, the ordinary citizen, can make a difference – but to some: only if you wear a badge.
Backstory
The advent of social media and the advancement of smartphones has seen a barrage of videos from halfway across the globe flood our newsfeeds over the past 1 year, with many displaying the same content: a middle-aged anti-masker with a bob hairstyle demanding for the manager. Now globalization has ensured that we, too, are privileged to call one of them our own.
The protagonist in question was videoed in Marina Bay Sands (“MBS”) sans face mask, albeit attempts by a Safe Distancing Ambassador (“SDA”) to convince her to put her mask back on. In a regrettable response, she can be heard replying: “If you have no badge, why are you asking me to do something? Who are you representing?”
This story ends in the most predictable of scenarios: the police received a call for assistance, and the lady is currently under investigation.
What wearing the law school badge for 4 years has taught us
Under Regulation 3A, COVID-19 (Temporary Measures) (Control Order) Regulations 2020, everyone must wear a mask at all times when the individual is not in his or her ordinary place of residence, save for certain exceptions such as eating or engaging in strenuous activities.
With laws come the consequences of flouting them (which is why we as a profession exist). Section 34(7)(a) of the COVID-19 (Temporary Measures) Act 2020 tells us that any person who, without reasonable excuse, contravenes a control order, or commits an offence shall be liable on conviction to a fine not exceeding $10,000 or imprisonment for a term not exceeding 6 months or to both.
Ironically, regrettable as her actions may have been, the lady in MBS does pose an interesting legal question: Who do SDAs represent, and what powers do they have in enforcing safe distancing measures? Do SDAs really need a badge?
Who do SDAs represent and what powers do they have in enforcing safe distancing measures?
If you remember a time not too long ago when clubs were still open, every club would have bouncers hired by the club to enforce certain rules. When people flouted these rules, bouncers did not have the authority to arrest them, though, as their job description alludes, they could bounce them from the club. Should the situation escalate, bouncers could then call the police for enforcement action.
In the same vein, SDAs are personnel hired directly by a company to ensure strict compliance of safe distancing measures within the premises. Like bouncers, they represent not the government or the police, but rather the entity through which they were hired. The extent of their jurisdiction lies in reminding members of the public to comply with safe distancing measures, which includes the wearing of face masks at all times when outside one’s home. As our protagonist opportunistically attempted to exploit: SDAs are not empowered to take enforcement actions such as imposing fines or making arrests.
Speaking to the manager
So who watches the watchers? Rest assured, in drafting of all laws, contingency plans do exist. Should the SDAs be unable to contain any scenario they might find themselves in, they may then take photo/video-graphic evidence of the situation, and report the case to a Safe Distancing Enforcement Officer (“EO”), who can then take the necessary further action.
In legal terms, an EO such as a police officer is empowered by Section 35(6) of the COVID-19 (Temporary Measures) Act 2020 to arrest without warrant any person committing or who the police officer has reason to believe has contravened or fails to comply with the control order.
For those who have never watched Boston Legal or Suits, what that means is simply that EOs are officers appointed by the ministries for purposes of enforcing compliance with control orders. When directions are issued by EOs to members of the public, failure to comply, without reasonable excuse, constitutes an offence which is then liable for conviction.
The badgering need for a badge
At present, there is no standardized uniform the SDAs have to wear across all institutions, though they can usually be identified by their T-shirts with a self-explanatory “Safe Distancing Ambassador” printed in legible font (and from their lanyards, for the more uninitiated). Badges, on the other hand, are more commonly worn by those in enforcement positions. And since SDAs hold no such power, badges are generally superfluous.
For those itching for adventure, try asking a bouncer for their badge the next time you go clubbing.
No dine-in – so here are some takeaways
If this article has made you feel like challenging your nearest SDA, you need to reflect and find that badge of honour within yourself; for the real enemy isn’t the SDA, but rather COVID-19 itself. Yes, SDAs do not have bearing to enforce any legal action, but there are avenues of recourse that can and will be sought, for the safety and security of all.
While we are on the topic, just a quick public service announcement: EOs do not collect fines or demand payment of fines on the spot – offenders must first receive notice either on-site or through the mail. So whilst compliance to authority has been reiterated and emphasized in this article, some prudence and discretion is still essential to avoid falling prey to those wearing badges without legitimacy.
Not all superheroes wear a badge. Some wear a bright red T-shirt and sport a lanyard, with the responsibility of our wellbeing around their necks. So stay safe, stay alert, so we may all stay very much alive through these tough times.
If you have any questions or simply want to know more about what we do, do drop us an email at ask@that.legal and #LetsTalkAboutYourChallenge.