Singapore legislation

Clause 19

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

Clause 19

Detention of Malaysian controlled items

(1)

The powers under this section may be exercised by a Singapore border protection service officer at an authorised point of departure on or along a cross‑border railway in relation to the following:

(a)

an individual who is seeking to enter, or to import goods into, peninsular Malaysia by travelling on a cross‑border train on the cross‑border railway but not yet allowed by any Singapore border protection service officer to exit Singapore;

(b)

any personal property of an individual mentioned in paragraph (a) that is intended for carrying on board a cross‑border train on the cross‑border railway.

(2)

A Singapore border protection service officer may —

(a)

require an individual —

(i)

to present the individual’s documents and any other information required by or under a Malaysian border control law for the individual to import into Malaysia any Malaysian controlled item which is or is among the individual’s personal property that is intended for carrying on board the cross‑border train; and

(ii)

to allow a Singapore border protection service officer to inspect the personal property mentioned in sub‑paragraph (i);

(b)

question or interview an individual in connection with any Malaysian controlled item which is or is among the individual’s personal property that is intended for carrying on board the cross‑border train;

(c)

conduct screening or a search procedure in respect of an individual and his or her personal property that is intended for carrying on board the cross‑border train;

(d)

remove or take possession of any of the following found during any inspection, screening or a search procedure, or when otherwise conducting border clearance or a railway security check:

(i)

a dangerous thing;

(ii)

a Malaysian controlled item not covered by any document required by or under a Malaysian border control law for the individual to import into Malaysia the Malaysian controlled item;

(iii)

any thing where it is unclear to the Singapore border protection service officer whether it is a dangerous thing or a Malaysian controlled item, and there are discrepancies, either —

(A)

in the documents accompanying the thing itself; or

(B)

between the documents accompanying the thing and the thing itself,that suggest that it may be unwise for the officer to rely on the documents as authorising the import of that thing into Malaysia; and

(e)

detain any individual wearing or carrying the thing removed or taken possession of under paragraph (d), or apparently having possession or immediate control of that thing.

(3)

To be clear, it is immaterial that the goods removed or taken possession of are not goods the export of which is prohibited or restricted under written law.

(4)

This section does not limit the exercise of any power of seizure or forfeiture which is vested under any other written law in a Singapore border protection service officer.

(5)

In this Act, “Malaysian controlled item” means any thing which is prescribed by the Minister by regulations in the Gazette, being a thing the import of which into Malaysia is prohibited or restricted by or under any Malaysian border control law and that is included in the list consolidated jointly by the Malaysian Government and the Singapore Government under any of the treaties.

Read in full context — Cross-Border Railways (Border Control Co-location) Bill →