Singapore legislation
Section 75
Section 75
Power to enter premises to carry out direction upon notice or under warrant
(1)
If a person to whom a direction mentioned in section 73(1) is given refuses or fails, without reasonable excuse, to comply with the direction, the Commissioner —
may authorise any member (called in this section an authorised member) to carry out the direction; and
may recover the costs and expenses reasonably incurred in carrying out the direction as a debt due to the Government from that person.
(2)
An authorised member may enter any premises at any reasonable time to carry out the direction mentioned in section 73(1) after giving at least 24 hours’ notice of the intention to do so to the owner or occupier of the premises.
(3)
Before entering the premises under subsection (2), an authorised member must produce, if so required —
the authorised member’s original identity card or any identification card that the Commissioner directs to be carried by the authorised member as proof of the authorised member’s identity; and
a duly authenticated document showing the authorised member’s authority.
(4)
A Magistrate may by warrant authorise a member to enter any premises, with such force as may be necessary, if the Magistrate is satisfied, on sworn information in writing —
that the member needs to enter into any premises to carry out a direction mentioned in section 73(1); and
that —
entry into the premises has been refused, or such refusal is likely; or
the premises are unoccupied or the owner or occupier is temporarily absent.
(5)
The warrant continues in force until the purpose for which the entry is necessary has been satisfied.
(6)
If the owner or occupier is present when an authorised member seeks to execute the warrant, the authorised member must —
identify himself or herself to the owner or occupier;
show the owner or occupier the authorised member’s identity card or identification card and the duly authenticated document mentioned in subsection (3);
show the owner or occupier the warrant; and
if required, give the owner or occupier a copy of the warrant.
(7)
If the owner or occupier is not present when an authorised member seeks to execute the warrant, but some other person who appears to be in charge of the premises is present, then subsection (6) applies to that other person as if that other person were the owner or occupier.
(8)
An authorised member entering the premises under a warrant issued under subsection (4) may do all or any of the following:
break open any outer or inner door or window leading to the premises;
enter any part of the premises with such force as may be necessary;
remove by force any obstruction to the entry.
(9)
An authorised member entering the premises under subsection (2), or under a warrant issued under subsection (4), may do any of the following:
take with him or her such other persons as may be necessary;
remove or demolish any fixtures or fittings in the premises if such removal or demolition is necessary for carrying out the direction under section 73(1).
(10)
If the premises are unoccupied at the time of entry, the authorised member must leave the premises as effectually secured against trespassers as the authorised member found the premises.
(11)
Subject to subsection (10), the Commissioner is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (9)(b).[33C