Singapore legislation

Clause 20

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

Clause 20

Voluntary discarding not prevented unless forbidden thing, etc.

(1)

Nothing in section 19 prevents a Singapore border protection service officer allowing an individual to discard, within the authorised point of departure on or along a cross‑border railway, any thing found in the individual’s possession during any inspection, screening or search procedure, or when otherwise conducting border clearance or a railway security check, under that section instead of the Singapore border protection service officer removing or taking possession of that thing.

(2)

However, where any thing found by a Singapore border protection service officer during any inspection, screening or search procedure under section 19 —

(a)

is a forbidden thing;

(b)

is a live creature;

(c)

is of such a nature or in such condition that it would be dangerous or not reasonably practicable for the individual concerned to discard it within an authorised point of departure on or along a cross‑border railway; or

(d)

is evidential material that may be relevant to an investigation into an offence reasonably suspected to have been committed by the individual or another person under any written law,the Singapore border protection service officer must remove or take possession of that thing.

(3)

To be clear, 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.

(4)

In this section —

Definition

“cash” has the meaning given by section 59(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;

Definition

“forbidden thing” means a dangerous thing, or a Malaysian controlled item, that —

(a)

is a gun;

(b)

is or contains a bomb, mine or grenade; or

(c)

is a sharp, pointed or bladed weapon capable of being used to cause bodily injury to the individual in possession of the item or to others; Examples Axe, bayonet, sword, karambit, dagger, spear, push knife or trench knife.(d)is or contains a controlled drug specified in Part 1, 2 or 3 of the First Schedule to the Misuse of Drugs Act 1973; or

(e)

is cash, the total value of which exceeds the amount prescribed under section 60 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 at the material time;

Definition

“gun” means an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by —

(a)

propelling a bullet, shot or other projectile (which may or may not contain any noxious substance); or

(b)

discharging any noxious substance, corrosive substance or other toxic substance.

Clause 20 — Cross-Border Railways (Border Control Co-location) Bill