Clause 20

In this Part —“owner” —

in relation to any premises comprised in a strata title plan under the Land Titles (Strata) Act (Cap. 158), means —

in the case of a lot, the person who is registered as the subsidiary proprietor of the lot under that Act;

in the case of a common property, the management corporation having control of that common property, or the person receiving any rent or charge for the maintenance and management of that common property; and

in the case of a limited common property as defined in section 2(1) of the Building Maintenance and Strata Management Act (Cap. 30C), the subsidiary management corporation established by that Act having control of that limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property;

in relation to a building in a housing estate of the Housing and Development Board (called an HDB housing estate), means —

in the case of a flat, any owner of the flat as defined in section 2(1) of the Housing and Development Act (Cap. 129);

in the case of the building’s common property in an HDB housing estate that is controlled, managed and maintained by a Town Council, that Town Council; and

in the case of the building’s common property in an HDB housing estate that is not controlled, managed and maintained by a Town Council, the Housing and Development Board; (c)in relation to a subdivided building that is not mentioned in paragraph (a) or (b), means —

in the case of a lot, the person who is registered under the Land Titles Act (Cap. 157) as the proprietor of the fee simple, estate in perpetuity or leasehold estate of that lot; and

in the case of the subdivided building’s common property, every person who is registered under the Land Titles Act as the proprietor of the fee simple, estate in perpetuity or leasehold estate of a lot in that building, or the person receiving any rent or charge for the maintenance and management of the common property;

in relation to any premises which are not a subdivided building mentioned in paragraph (a), (b) or (c), means any person who is registered under the Land Titles Act as the proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises; and

in relation to any other premises or building, means the person for the time being receiving the rent of the premises or building, whether on the person’s own account or as agent, trustee or receiver, or who would receive such rent if the premises or building were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act (Cap. 254) as the owner of the premises or building, or a mortgagee in possession; “relevant premises” means any building or part of a building but does not include —

a residential building not exceeding such height as may be prescribed; and

such other type of building as may be prescribed;“working day” means any day other than a Saturday, Sunday or public holiday.(2) For the purposes of this Part, the height of a building is the distance, measured in a straight line on a vertical plane, from the lowest point of the building at ground level to the highest point of the building (including any structure fixed to the building).Provision of space to install prescribed civil defence emergency devices103B.—

The Commissioner may by direction require the owner of any relevant premises to provide, at the owner’s expense and within such period as may be specified in the direction —

such space or facility within or on the premises specified in the direction; and (b)access to the premises,as will substantially assist the Commissioner in installing a prescribed civil defence emergency device.(2) To avoid doubt, the Commissioner may give a direction under subsection (1) even though the direction may prejudice the contractual obligations of the owner or occupier of the premises, whether the obligation relates to a contract made before, on or after the date of commencement of section 20 of the Civil Defence and Other Matters Act 2018.(3) No liability shall lie against any party to a contract made before, on or after the date of commencement of section 20 of the Civil Defence and Other Matters Act 2018 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Commissioner under subsection (1).(4) Nothing in subsection (3) affects the operation of the Frustrated Contracts Act (Cap. 115).(5) The Commissioner may at any time vary, suspend or revoke the whole or any part of a direction under subsection (1).(6) Any owner who contravenes any direction under subsection (1) 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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.Power to enter premises for assessment, repair and maintenance103C.—

The Commissioner may —

enter any relevant premises to assess whether the premises are suitable for installing a prescribed civil defence emergency device; and

enter any premises on which a prescribed civil defence emergency device is installed by the Commissioner to inspect or carry out works to repair or maintain the prescribed civil defence emergency device.(2) The Commissioner must not exercise the power under subsection (1)(a) or (b) in respect of any premises unless the Commissioner notifies the owner of the premises of the intention to exercise a power conferred by that subsection not less than 5 working days before the power is exercised.(3) Despite subsection (2), where the Commissioner has reason to believe that a civil defence emergency is likely to occur and urgent repairs to a prescribed civil defence emergency device installed on any relevant premises are needed, and —

entry into those premises has been refused or such refusal is apprehended; or

the Commissioner is, after reasonable efforts, unable to obtain the owner’s consent to enter the premises for any other reason,the Commissioner may enter the premises to carry out such urgent repairs to the prescribed civil defence emergency device at any time and without giving the owner of the premises notice of the Commissioner’s intention to do so.(4) The Commissioner may, in exercising the power under subsection (1)(a) or (b), take with the Commissioner such other persons as may be necessary.(5) The Commissioner may, in exercising the power under subsection (3), do all or any of the following:

take with the Commissioner such other persons as may be necessary;

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 the entry;

remove or demolish any fixtures or fittings in the premises if the removal or demolition is necessary for the carrying out of urgent repairs to a prescribed civil defence emergency device.(6) The Commissioner’s powers under subsections (1) to (5) may be exercised by any officer or serviceman authorised by the Commissioner (called in this section an authorised person), and any reference to the Commissioner in those subsections includes a reference to such an authorised person.(7) Before entering the premises under subsection (1)(a) or (b), an authorised person must produce, if so required —

the authorised person’s original identity card or such identification card as the Commissioner may direct to be carried by the person as proof of the authorised person’s identity; and

some duly authenticated document showing the authorised person’s authority.Damage, etc., to prescribed civil defence emergency devices103D. Any person who wilfully removes, relocates, destroys, damages or tampers with any prescribed civil defence emergency device installed by the Commissioner shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.”.