Clause 3 — Cross-Border Railways (Border Control Co-location) Bill

(1)

In this Act —

Definition

“authorised point of entry” or “authorised point of departure” means a place in Singapore that is declared as such under section 5 of the Immigration Act 1959;

Definition

“biological agent” and “toxin” have the meanings given by section 2 of the Biological Agents and Toxins Act 2005;

Definition

“border clearance” includes to exercise CIQ powers concerning the admission into Malaysia from Singapore or vice versa of people and goods travelling by cross‑border train on a cross‑border railway bound for peninsular Malaysia from Singapore or bound for Singapore from peninsular Malaysia, as the case may be;

Definition

“CIQ power” means an ordinary CIQ power or a special CIQ power;

Definition

“conduct”, as a verb, means —

(a)

to do an act or omit to do an act —

(i)

on a single occasion; or

(ii)

on a number of occasions over a period of time; or

(b)

to both do an act and omit to do an act —

(i)

on a single occasion; or

(ii)

on a number of occasions over a period of time;

Definition

“corrosive substance” has the meaning given by section 2 of the Corrosive and Explosive Substances and Offensive Weapons Act 1958;

Definition

“country” includes territory;

Definition

“creature” means —

(a)

any fish;

(b)

any reptile;

(c)

any amphibian;

(d)

any bird;

(e)

any mammal (other than man);

(f)

any invertebrate, regardless of the stage of development it is in; or

(g)

any eggs, or any reptile eggs, amphibian eggs, fish eggs, invertebrate eggs or monotreme eggs;

Definition

“crew” means an individual while on duty or carrying out work in —

(a)

the operation of a cross‑border train used for or in connection with providing a cross‑border train service;

(b)

the planning or scheduling of train services provided using a cross‑border railway, or any activity that is ancillary to that planning or scheduling;

(c)

managing and controlling train services provided using a cross‑border railway (including train traffic management), or any activity that is ancillary to that managing and controlling;

(d)

the selling of tickets or provision of other passenger services for travel on a cross‑border train used for or in connection with providing a cross‑border train service; or

(e)

the maintenance of —

(i)

any cross‑border train used for or in connection with providing a cross‑border train service; or

(ii)

any part of a cross‑border railway on which a cross‑border train service is provided;

Definition

“cross‑border incident” has the meaning given by section 6(2);

Definition

“cross‑border railway” means a railway that —

(a)

has a railway network with a terminus in Singapore and runs to any part of peninsular Malaysia; and

(b)

is constructed under the Cross‑Border Railways Act 2018;

Definition

“cross‑border train” means a train used for or in connection with providing a cross‑border train service;

Definition

“cross‑border train service” means a passenger train service provided using a cross‑border railway;

Definition

“dangerous thing” means an object or a thing that is —

(a)

a gun, an explosive, a weapon or a noxious substance within the meaning of the Guns, Explosives and Weapons Control Act 2021;

(b)

any other pointed or bladed item capable of being used to cause bodily injury to the individual in possession of the item or to others;

(c)

a biological agent or toxin;

(d)

a corrosive substance; or

(e)

any other toxic, radioactive or flammable thing, or any other thing (whether or not of a similar kind), that is or could be used in a dangerous or threatening way;

Definition

“derailment” includes any instance where one or more wheels of a train come off the normal running surface of the track;

Definition

“detain” has the meaning given by section 5(5);

Definition

“document” means any thing in or on which information of any description is recorded or stored, whether in electronic or other form;

Definition

“employee”, in relation to a person (A), means an individual who —

(a)

is directly employed by A under a contract of service to do work;

(b)

is contracted or engaged by A otherwise than under a contract of service to do work in connection with any business or undertaking carried on by A; or

(c)

is under an arrangement (like a loan or secondment) making available temporarily to A the services of the individual to do work in connection with any business or undertaking carried on by A,and includes an individual employed under a contract of service by a person who is contracted or engaged by A to do work in connection with any business or undertaking carried on by A, but only while the individual is at work in connection with A’s business or undertaking;

Definition

“forbidden thing” has the meaning given by section 20(4);

Definition

“goods” means movable property of any kind and, without limiting the generality of the expression, includes any creature, plant, money, thing, document, vessel and aircraft;

Definition

“in transit” has the meaning given by section 6(1);

Definition

“incident management operations” has the meaning given by section 6(2);

Definition

“inspecting”, in relation to any property, includes handling the property, opening it and examining or moving its contents;

Definition

“land” includes any foreshore or open space;

Definition

“maintain” or “maintenance” includes repair, alteration, reconditioning and examination, and the detection and rectification of any faults;

Definition

“Malaysia designated area”, for a cross‑border railway, means an area in Singapore designated in a map by the Malaysian Government and the Singapore Government under the treaty relating to that cross‑border railway to be the designated area for Malaysia in respect of that cross‑border railway;

Definition

“Malaysian border control law”, for a cross‑border railway, means any Malaysian law specified in the relevant Schedule relating to that cross‑border railway, being a law connected with immigration, customs, health, veterinary and phytosanitary controls, consumer protection or transport;

Definition

“Malaysian border protection service” means any of the following agencies or departments of the Malaysian Government:

(a)

Fire and Rescue Department of Malaysia;

(b)

Immigration Department of Malaysia;

(c)

Malaysia Civil Defence Force;

(d)

Malaysian Maritime Enforcement Agency;

(e)

Malaysian Quarantine and Inspection Services;

(f)

Malaysian Border Control and Protection Agency;

(g)

National Anti‑Drugs Agency;

(h)

Royal Malaysia Police (Travel Control Office);

(i)

Royal Malaysian Customs Department;

(j)

any other agency or department specified in the relevant Schedule relating to the cross‑border railway;

Definition

“Malaysian border protection service officer” means an individual who is an employee of the Malaysian Government and performing duties in any of the Malaysian border protection services;

Definition

“Malaysian controlled item” has the meaning given by section 19(5);

Definition

“Malaysian Government” means the Government of Malaysia;

Definition

“Malaysian incident management officer” has the meaning given by section 27;

Definition

“Malaysian preclearance officer” means a Malaysian border protection service officer who —

(a)

is recognised under section 9 as a Malaysian preclearance officer in respect of a cross‑border railway specified in the recognition; or

(b)

is deemed by section 10 recognised as a Malaysian preclearance officer in respect of a cross‑border railway,but only while on duty or carrying out work in that capacity;

Definition

“Malaysia’s CIQ zone in Singapore” means the part of the Malaysia designated area of a cross‑border railway demarcated under section 7(1);

Definition

“medical examination” includes a medical examination conducted by means of telemedicine;

Definition

“natural catastrophe” means a storm, weather phenomenon, storm tide, tsunami, flood, a volcanic eruption or an earthquake, a landslip or other occurrence of a similar kind;

Definition

“opening of a cross‑border railway” has the meaning given by section 45(3) of the Cross‑Border Railways Act 2018;

Definition

“ordinary checking” has the meaning given by section 5(1);

Definition

“ordinary CIQ power” means a power described in section 4(1) and (2);

Definition

“passenger”, for a cross‑border train, means an individual embarking or intending to embark on the cross‑border train for the purpose of travelling onboard and includes any of the following:

(a)

a Malaysian border protection service officer or a Singapore border protection service officer;

(b)

an independent safety auditor, a rail safety inspector or other like official making an investigation or inspection for the purposes of any written law or Malaysian law about ensuring the safety of the operations of the cross‑border railway while on duty or carrying out work in that capacity;

Definition

“personal property”, in relation to an individual, means things worn or carried by an individual or apparently in the possession or immediate control of the individual;

Definition

“premises” means any land, vessel, train or other vehicle, or a part of any land, vessel, train or other vehicle;

Definition

“preparatory work” means work that is preparatory to conducting border clearance or railway security checks;

Definition

“proceedings” means —

(a)

any civil proceedings or criminal proceedings before any court in Singapore, and includes a coroner’s inquiry;

(b)

any arbitration or mediation proceedings in Singapore;

(c)

any proceedings in Parliament or a committee of Parliament; or

(d)

any other proceedings before any tribunal, authority, person or body in Singapore that has power by or under any written law to require the production of documents or answering of questions, or constituted and vested by or under any written law to make a decision of an administrative character;

Definition

“quarantinable disease” means a disease that —

(a)

is caused or is suspected to be caused by a micro‑organism or any agent of disease;

(b)

is capable or is suspected to be capable of transmission by any means to human beings; and

(c)

is, if left not investigated or unchecked, likely to result in an epidemic of the disease;

Definition

“quarantine” means the compulsory detention in isolation of any individual or goods for the purpose of preventing or managing the risk of the contagion of a quarantinable disease —

(a)

entering Singapore or Malaysia, as the case may be; or

(b)

emerging, establishing themselves or spreading within Singapore or Malaysia, as the case may be;

Definition

“railway accident”, in relation to a cross‑border railway, means an occurrence associated with the cross‑border railway where —

(a)

a cross‑border train used for or in connection with providing a cross‑border train service using the cross‑border railway —

(i)

is destroyed or seriously damaged; or

(ii)

is abandoned, disabled or stranded;

(b)

an individual dies, or is seriously injured, as a result of the occurrence;

(c)

a collision as follows happens, or happens directly as a result of the occurrence:

(i)

a collision between any of the cross‑border trains used for or in connection with providing a cross‑border train service using the cross‑border railway, but not an impact between such trains associated with normal railway operating circumstances;

(ii)

a collision between a cross‑border train used for or in connection with providing the cross‑border train service and an individual, a creature or another vehicle; or

(d)

any of the following happens directly as a result of the occurrence:

(i)

a derailment of a cross‑border train used for or in connection with providing a cross‑border train service using the cross‑border railway;

(ii)

an explosion or a fire;

(iii)

serious damage to the railway infrastructure of that cross‑border railway or any railway track in or on that railway infrastructure;

Definition

“railway infrastructure”, for any cross‑border railway, means any of the following buildings or structures, within or outside Singapore, that is used for or in connection with the cross‑border railway:

(a)

a train station;

(b)

a railway tunnel;

(c)

a viaduct;

(d)

a bridge;

(e)

a railway yard;

(f)

a maintenance facility for trains and maintenance or engineering vehicles used for or in connection with the railway;

Definition

“railway security checks” means carrying on any ordinary checking mentioned in section 5(1) or special checking mentioned in section 5(2) for the purpose of safeguarding against any railway security incident associated with a cross‑border railway;

Definition

“railway security incident” has the meaning given by section 54 of the Cross‑Border Railways Act 2018;

Definition

“relevant Schedule”, for a cross‑border railway, means the Schedule to this Act which contains provisions relating to that cross‑border railway, including powers of specified persons and applicable laws;

Definition

“restrict” includes allow on conditions;

Definition

“scanning search”, of an individual or an individual’s personal property, has the meaning given by section 5(5);

Definition

“screening”, of an individual or an individual’s personal property, has the meaning given by section 5(5);

Definition

“Singapore border control law”, for a cross‑border railway, means any written law specified in the relevant Schedule relating to the cross‑border railway, being a law connected with immigration, customs, health, veterinary and phytosanitary controls, consumer protection or transport;

Definition

“Singapore border protection service” means —

(a)

any of the following Ministries or departments of the Singapore Government:

(i)

the Singapore Civil Defence Force;

(ii)

the Singapore Customs;

(iii)

the Singapore Police Force;

(iv)

the Singapore Prison Service;

(v)

the Central Narcotics Bureau;

(vi)

the Immigration & Checkpoints Authority;

(vii)

the Ministry of Health;

(b)

any of the following Singapore public sector agencies:

(i)

the Communicable Diseases Agency;

(ii)

the Health Sciences Authority;

(iii)

the National Environment Agency; or

(c)

any other Ministry or department of the Singapore Government or other Singapore public sector agency specified in the relevant Schedule relating to the cross‑border railway;

Definition

“Singapore border protection service officer” means an individual who is an employee of the Singapore Government or a Singapore public sector agency and performing duties in any of the Singapore border protection services, and includes a health officer appointed under section 4(1) of the Infectious Diseases Act 1976;

Definition

“Singapore controlled item” means any thing the import of which into Singapore is prohibited or restricted by or under any written law and that is included in the list consolidated jointly by the Malaysian Government and the Singapore Government under any of the treaties;

Definition

“Singapore designated area”, for a cross‑border railway, means an area in peninsular Malaysia designated in a map by the Malaysian Government and the Singapore Government under the treaty relating to the cross‑border railway to be the designated area for Singapore in respect of that cross‑border railway;

Definition

“Singapore Government” means the Government of the Republic of Singapore;

Definition

“Singapore incident management officer” has the meaning given by section 27;

Definition

“Singapore preclearance officer” means a Singapore border protection service officer who —

(a)

is nominated by the Minister under Part 4 to be a Singapore preclearance officer; and

(b)

is accepted in Malaysia as a Singapore preclearance officer in respect of a cross‑border railway,but only while on duty or carrying out work in that capacity;

Definition

“Singapore public sector agency” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018;

Definition

“Singapore’s CIQ zone in Malaysia” means the part of the Singapore designated area of a cross‑border railway where entry into and remaining within by any Malaysian border protection service officer is only by or with the express and prior consent of the Singapore Government;

Definition

“special checking” has the meaning given by section 5(2);

Definition

“special CIQ power” means a power described in section 4(3);

Definition

“substance” includes —

(a)

any gas, liquid or solid;

(b)

any organism or part of an organism;

(c)

any material that is produced from an organism;

(d)

any radioactivity or electromagnetic radiation; and

(e)

a combination of substances;

Definition

“thing” includes a substance and a creature;

Definition

“ticket” means any form of authorisation, issued for the carriage of any passenger on a cross‑border train service;

Definition

“track” means any combination of rails, rail connections, rail joints, rail fastenings, sleepers, ballast, points and crossing, or any substitute devices if used;

Definition

“train” means a vehicle (with or without wheels) of a kind that operates on a railway and is used or capable of being used —

(a)

as a means of transport of passengers or cargo, or both passengers and cargo; or

(b)

for movement on the railway in order to maintain the railway; Examples Any train and rolling stock, coaches, wagons, maintenance or engineering vehicles or other railway equipment that is designed for movement along a line of railway. Any locomotive, engine, track car, tender, flanger and railway crane.

Definition

“treaty” means any agreement or arrangement —

(a)

whose parties are Singapore and any foreign country;

(b)

that relates to a cross‑border railway; and

(c)

that is specified in the First Schedule in relation to the cross‑border railway;

Definition

“tribunal” means any authority, person or body that —

(a)

has power by or under any written law to require the production of documents or answering of questions; or

(b)

is constituted and vested by or under any written law to make a decision of an administrative character.

(2)

For the purposes of this Act, an individual in Singapore may be treated as seeking to enter, or seeking to import any thing into, peninsular Malaysia if he or she —

(a)

is seeking to board a cross‑border train from an authorised point of departure on or along a cross‑border railway; and

(b)

is a passenger or crew of a cross‑border train that is bound for peninsular Malaysia used for or in connection with providing a cross‑border train service on the cross‑border railway with no planned stops within Singapore after he or she boards that train.