Singapore legislation

Clause 14

of Cross-Border Railways (Border Control Co-location) Bill

Clause 14

Limits on screening and search procedures

(1)

A Malaysian preclearance officer recognised in relation to a cross‑border railway may conduct screening or a search procedure in respect of an individual and the individual’s personal property that is intended for carrying on board a cross‑border train only —

(a)

in the sequence prescribed in the relevant Schedule relating to the cross‑border railway; and

(b)

if the individual —

(i)

is seeking to enter peninsular Malaysia; and

(ii)

is within the Malaysia designated area of the cross‑border railway and is about to enter Malaysia’s CIQ zone in Singapore.

(2)

A Malaysian preclearance officer may conduct screening or a search procedure only in such a way that a Singapore border protection service officer has a clear and unobstructed line of sight of the individual when the individual is being screened by the Malaysian preclearance officer.

(3)

A Malaysian preclearance officer may conduct a strip search or body search of an individual mentioned in subsection (1) only if —

(a)

the individual consents to the search;

(b)

the Malaysian preclearance officer believes on reasonable grounds that it is necessary to conduct a strip search or body search of that individual for the purposes of the search and that the seriousness and urgency of the circumstances require a strip search or body search to be conducted; and

(c)

all the conditions in subsection (4) are met.

(4)

If a strip search or body search is to be conducted, the search —

(a)

must be conducted in a private area;

(b)

must be conducted by a Malaysian preclearance officer who is of the same sex as the individual being searched;

(c)

must not be conducted in the presence or view of another individual who is not of the same sex as the individual being searched; and

(d)

must not be conducted in the presence or view of another individual whose presence is not necessary for the purposes of the search.

Clause 14 — Cross-Border Railways (Border Control Co-location) Bill