Singapore legislation

Clause 16

of Regulation of Imports and Exports Bill

Clause 16

Powers in relation to vessels, aircraft and vehicles

(1)

A senior authorised officer or an authorised officer acting in accordance with the general or special directions of a senior authorised officer may board any conveyance in Singapore and may rummage and search all parts of the conveyance for goods which may be liable to forfeiture under this Act.

(2)

For the more effective exercise of the powers conferred by this section, a senior authorised officer may —

(a)

require the master of any vessel in Singapore to heave to;

(b)

by direction to the master of any vessel or the pilot of any aircraft in Singapore, require the vessel or aircraft, as the case may be, not to proceed until so authorised;

(c)

require any documents which ought to be on board any vessel or aircraft, being documents relating to any goods therein, to be brought to him for inspection, and, if he has reasonable grounds for believing that those goods are liable to forfeiture under this Act, detain any such documents;

(d)

break open and forcibly enter any place or receptacle in any conveyance to which he cannot otherwise reasonably obtain access;

(e)

by direction to the master of any vessel in Singapore, require the vessel to proceed to any specified anchorage, wharf or place to which the vessel may lawfully go;

(f)

by direction to the master of any vessel in Singapore, require him to move or discharge any cargo or other goods therein;

(g)

require the person in charge of a vehicle —

(i)

to stop and not to proceed until so authorised; or

(ii)

to bring the vehicle to any police station or examination station;

(h)

direct that the removal of any goods from or placed in any vessel be prohibited until so authorised;

(i)

require the master of any vessel or the pilot of any aircraft to produce a complete manifest of the whole cargo of the vessel or aircraft and a complete list of stores carried by that vessel or aircraft.

(3)

An authorised officer may exercise, in respect of any vehicle, or of any vessel not exceeding 75 tons net registered tonnage as defined in section 2(2) of the Merchant Shipping Act [Cap. 179], the powers which are conferred upon a senior authorised officer by subsection (2) other than the powers conferred by paragraph (d) of that subsection.

(4)

It shall be presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer.

(5)

If any vessel or aircraft fails to comply with any lawful requisition or direction given or made under this section, a senior authorised officer may take all such steps as appear to him necessary to secure such compliance.

(6)

Where any goods are found concealed or in respect of which any document which ought to be produced is not produced in any vessel or aircraft or which are not shown on any manifest or list required to be produced being goods the import, export, carriage coastwise, shipment as ships. stores, carriage as aircraft stores or transhipment of which is prohibited, either absolutely or conditionally by any regulations made under section 3, the goods may be seized by an authorised officer and shall be liable to forfeiture in the same manner as if an offence had been committed in respect thereof.

(7)

Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.

(8)

An officer shall exercise the powers conferred by this section in respect of a vessel under way if he reasonably suspects that it is not in transit through Singapore or that any goods on board the vessel are intended to be landed or transhipped in Singapore.