Singapore legislation
Section 53A
Section 53A
Enforcement measures
(1)
Any police officer may arrest without warrant any person who, in any street or public place —
sells or offers or exposes for sale; or
has, or is reasonably suspected of having, in the person’s possession for the purpose of trade or manufacture,any goods to which a registered trade mark is falsely applied.
(2)
Any authorised officer may, without a warrant issued under subsection (3) —
stop, search and board, whether forcibly or otherwise, any conveyance in which the authorised officer reasonably suspects there are goods to which a registered trade mark has been falsely applied; and
seize, remove or detain any such goods and anything which appears to the authorised officer —
to be or to contain; or
to be likely to be or to contain,evidence of any offence under section 46, 47, 48, 49 or 52.
(3)
If information is given upon oath to a court that there is reasonable cause for suspecting that there is in any premises or conveyance —
any goods which are the subject of an offence under section 46, 47, 48, 49 or 52;
any material or article which has been used in the commission of an offence under section 46, 47, 48, 49 or 52; or
any document which is evidence that an offence under section 46, 47, 48, 49 or 52 has been committed,the court may issue, either unconditionally or subject to such conditions as the court thinks fit, a warrant authorising a police officer to enter and search the premises or conveyance for any goods, material, article or document referred to in the warrant, whether specifically or in any general category, and to seize any such goods, material, article or document found at the premises or conveyance.
(4)
If any goods, material, article or document has been seized under subsection (3) and —
in proceedings brought under section 46, 47, 48, 49 or 52, no order is made —
as to the disposal of the goods, material, article or document; or
in the case of any goods or article mentioned in section 53, under section 53(1) or (2); or
no such proceedings are instituted within 6 months of the seizure,the goods, material, article or document must be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, must be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
(5)
No action or other legal proceeding shall lie against the Government or any officer or employee thereof for anything which is in good faith done or omitted to be done in the exercise of any power, duty or function under this section.
(6)
In this section —
Definition
“authorised officer” means —
a police officer;
an officer of customs as defined in the Customs Act 1960;
an immigration officer as defined in the Immigration Act 1959; or
any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this section;
Definition
“conveyance” includes any vehicle, vessel, train or aircraft in which persons or goods can be carried;
Definition
“document” means anything in which information of any description is recorded;
Definition
“premises” includes any land, building or structure.