Singapore legislation
Section 84
Section 84
Power of entry and compulsory acquisition
(1)
Any officer or person authorised by the Board may at any reasonable time, on giving 48 hours’ notice of his or her intention to the occupier and producing, if so required, some duly authenticated document showing his or her authority, enter any flat or building within a precinct for the purpose —
of carrying out any upgrading works within the flat or building;
of taking any action authorised or required by this Part or any rule to be taken by the Board; or
generally, of the performance by the Board of its function under this Part or any rule.
(2)
If it is shown to the satisfaction of a Magistrate’s Court on sworn information in writing that there is reasonable ground for entry into any premises for any of the purposes mentioned in subsection (1) and —
that admission to the premises has been refused, or that refusal is apprehended; or
that the premises are unoccupied or the occupier is temporarily absent,the Magistrate’s Court may by warrant authorise the Board by any authorised officer or person to enter the premises forcibly, if necessary.
(3)
A warrant must not be issued unless the Magistrate’s Court is satisfied —
that notice of the intention to apply for a warrant has been given to the occupier; or
that the premises are unoccupied, the occupier is temporarily absent and the case is one of urgency.
(4)
Any officer or person authorised by the Board entering any premises by virtue of this section, or of a warrant issued under this section, may take with him or her such other persons as may be necessary; and on leaving any unoccupied premises which he or she has entered by virtue of such a warrant must leave them as effectually secured against trespassers as he or she found them.
(5)
Any officer or person authorised by the Board entering any premises by virtue of a warrant issued under this section may do all or any of the following:
break open any outer or inner door or window leading to the premises;
forcibly enter the premises and every part of the premises;
remove by force any obstruction to such entry.
(6)
A warrant issued under this section continues in force until the purpose for which the entry is necessary has been satisfied.
(7)
Any person who wilfully obstructs a person acting in the execution of this Part or of any rule or warrant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.
(8)
After the Minister has given his or her approval under section 77(4) or (5) in relation to any upgrading works in a precinct, the Board may compulsorily acquire the whole of any particular flat in the precinct for the purpose of those upgrading works to be carried out in that precinct.
(9)
Where the Board intends to exercise its powers of compulsory acquisition conferred by subsection (8), the Board must serve a written notice on the owner of the flat and all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the flat (called in this section an interested person) stating the intention of the Board to acquire the flat and the compensation to be paid therefor.
(10)
Any owner or interested person may, within 28 days after the service of a notice mentioned in subsection (9), submit in writing to the Board the owner’s or interested person’s objections to the compensation offered by the Board, stating precisely the grounds upon which the owner or interested person objects.
(11)
The Board must consider the objection and may either disallow it or allow it either wholly or in part, and must serve on the owner or interested person by post or otherwise a written notice of its decision.
(12)
Any appeal by any owner or interested person aggrieved by the decision of the Board must be made to the Minister within 28 days after the date of service of the decision on the owner or interested person, and the decision of the Minister is final.
(13)
The compensation to be paid by the Board for any flat compulsorily acquired by the Board under this section is to be determined by the Board.
(14)
This section does not limit or affect the powers conferred upon the Board by any other provision of this Act or under any other written law to exercise its right of forfeiture and right of re‑entry for a breach of the conditions of a lease.
(15)
Sections 66, 67 and 68 apply, with the necessary modifications, to any exercise of the power of compulsory acquisition under this section.[65J