Singapore legislation

Clause 10

of Fire Safety (Amendment) Bill

Clause 10

New sections 8A to 8D

The principal Act is amended by inserting, immediately after section 8, the following sections:“Power to board vessel for various purposes8A.—

(1)

The Commissioner or any member of the Force authorised by him in writing on producing, if so required, an authenticated document showing his authority shall have a right to board any vessel at all reasonable hours for all or any of the following purposes:

(a)

obtaining information required for fire-fighting purposes with respect to the character of the vessel, the availability of water supplies and the means of access thereto and other material circumstances relating to fire-fighting purposes;

(b)

conducting fire-drills and exercises;

(c)

determining the cause or causes of any fire which has occurred on board such vessel;

(d)

performance by the Commissioner or the Force of his or its powers under this Act or any other written law.(2) Except in respect of the boarding of any vessel within 48 hours after a fire has occurred on board the vessel for the purpose of determining the cause or causes of the fire, the Commissioner or any member of the Force authorised under subsection (1) shall not exercise the right to board any vessel conferred by subsection (1) unless prior reasonable notice in writing has been given to the owner of a vessel.Power to investigate fire in or on aircraft or vehicle8B. The Commissioner or any member of the Force authorised by him in writing on producing, if so required, an authenticated document showing his authority may, for the purpose of determining the cause or causes of a fire which has occurred in or on any aircraft or vehicle (not including a vessel), do one or both of the following:

(a)

seize or detain the aircraft or vehicle;

(b)

break into the aircraft or vehicle.Powers ancillary to sections 8, 8A and 8B8C.—

(1)

The Commissioner or any member of the Force exercising the powers under section 8, 8A or 8B may (so far as may be reasonably necessary for the purpose to which his exercise of the powers relates) do all or any of the following in the premises, aircraft, vehicle or vessel, as the case may be:

(a)

take with him any assistance or equipment;

(b)

search the premises, aircraft, vehicle or vessel;

(c)

take photographs or video recordings of and conduct any inspection, measurement or test on the premises, aircraft, vehicle or vessel or any thing found therein;

(d)

take, without payment, for the purpose of examination reasonable samples of any description from the premises, aircraft, vehicle or vessel;

(e)

seize or detain any thing found in the premises, aircraft, vehicle or vessel that he believes on reasonable grounds to be connected with the commission of any offence under this Act or to be otherwise relevant to the administration or enforcement of this Act;

(f)

do any other thing reasonably necessary for carrying out the purpose to which his exercise of the powers relates.(2) For the purposes of section 8, 8A or 8B or subsection (1)(b), the Commissioner or a member of the Force authorised under section 8, 8A or 8B, as the case may be, may —

(a)

require the owner or occupier of the premises, or the owner or person having charge of the aircraft, vehicle or vessel, as the case may be, to provide all reasonable assistance to the Commissioner or a member of the Force authorised under section 8, 8A or 8B, as the case may be; and

(b)

if the circumstances so warrant, with such assistance as he thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container, receptacle or any other thing.(3) Any person who fails to comply with any requirement made under subsection (2)(a) shall be guilty of an offence.(4) Where the Commissioner or a member of the Force seizes any thing under subsection (1)(e), he shall —

(a)

immediately give notice in writing of the seizure to the owner of the thing seized or to the agent of such owner; or

(b)

if the name and address of the owner or agent of the thing seized are not known, affix a notice prominently at the place where the thing was seized.(5) Any person aggrieved by the seizure of any thing under subsection (1)(e) may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court.(6) Upon hearing such complaint, the Magistrate’s Court may —

(a)

confirm the seizure wholly or in part;

(b)

disallow the seizure wholly or in part;

(c)

order that any thing seized be restored to its owner, subject to any condition which the Court may think fit to impose to ensure that the thing is preserved for any purpose for which it may subsequently be required; or

(d)

order payment to be made to the owner of the thing seized of such amount as the Court considers will compensate him for any loss or depreciation resulting from the seizure.(7) Any thing seized under subsection (1)(e) may be kept or stored at the place where it was seized or may, at the direction of the Commissioner or a member of the Force authorised under section 8, 8A or 8B, be removed to any other place to be kept or stored thereat.(8) The Commissioner or a member of the Force authorised under section 8, 8A or 8B may mark, seal or label any thing being detained under subsection (1)(e) in such manner as he thinks fit for the purpose of indicating that the thing is under detention and may lock or seal the place (or any part thereof) in which the thing is being detained.(9) Any person who, without the authority of the Commissioner or a member of the Force authorised under section 8, 8A or 8B, as the case may be —

(a)

interferes with, removes or otherwise disposes of any thing seized or detained under section 8, 8A or 8B or tampers with, alters or removes any mark, seal or label placed under subsection (8); or

(b)

opens, breaks or otherwise tampers with the lock or seal placed under subsection (8),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.(10) Subsections (4) to (9) shall apply to any aircraft or vehicle seized under section 8B as if they were seized or detained under subsection (1)(e).(11) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.Exemption of Singapore Armed Forces8D. Sections 7 to 8C shall not apply to any aircraft, vehicle or vessel belonging to or exclusively employed in the service of the Singapore Armed Forces or of any visiting force lawfully present in Singapore.”.