Singapore legislation

Clause 36

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

Clause 36

Inviolability of Malaysian protected material in defined area

(1)

Subject to subsections (5) and (6), all Malaysian protected material shall —

(a)

be immune from search, requisition, confiscation, expropriation, or any other form of interference by or under any written law;

(b)

be immune from seizure or forfeiture, or any order to give evidence or for production, for or in connection with any proceedings or any investigation for an offence;

(c)

be immune from attachment, foreclosure or other taking for or in connection with —

(i)

any process for the satisfaction of any judgment, order or arbitration award (whether interim or final) of any court or tribunal in Singapore; or

(ii)

any other proceedings;

(d)

not be subject to distress; and

(e)

not be admissible in evidence in any proceedings,for the time the Malaysian protected material is installed, kept or situated within a defined area in Singapore.

(2)

Every Malaysian protected material that is installed, kept or situated within a defined area in Singapore remains the property of the Malaysian Government, whether or not it has become in whole or in part a fixture.

(3)

Where any Malaysian protected material contains any information, that information —

(a)

is to be treated as if the information were stored in Malaysia; and

(b)

is governed by the laws of Malaysia,for the time the Malaysian protected material is installed, kept or situated within a defined area in Singapore.

(4)

To be clear, the Personal Data Protection Act 2012 and Parts 3A, 3B, 3C, 3D and 4 of the Cybersecurity Act 2018 do not apply to or in relation to the information mentioned in subsection (3).

(5)

However, subsection (1) does not prevent a Singapore border protection service officer conducting a scanning search or screening of a Malaysian preclearance officer, or of any personal property of a Malaysian preclearance officer, in the course of the Singapore border protection service officer carrying out railway security checks or exercising CIQ powers.

(6)

Subsection (1) does not apply to or in relation to any particular Malaysian protected material in respect of which the Malaysian Government has waived the application of subsection (1), but the Malaysian Government is not taken to have submitted to the jurisdiction of the courts of Singapore by reason only because of that waiver.

(7)

For the purposes of subsections (1), (2) and (3), a defined area in Singapore means any of the following:

(a)

Malaysia’s CIQ zone in Singapore;

(b)

the railway station along a cross‑border railway where Malaysia’s CIQ zone in Singapore falls within or abuts;

(c)

any train platform within the railway station in paragraph (b);

(d)

a cross‑border train;

(e)

a vehicle parking facility or vehicle set down facility in Singapore that is for passengers of a cross‑border railway mentioned in paragraph (b) and that the Minister, after consulting the Malaysian Government, specifies;

(f)

a pedestrian facility (such as ramps, overhead bridges, footpaths, escalators, stairs and lifts) for or connected or facilitating access between the railway station in paragraph (b) and any place mentioned in paragraph (a), (c), (d) or (e);

(g)

any premises mentioned in section 29 where incident management operations are being conducted by any Malaysian incident management officer in relation to a railway occurrence that is a cross‑border incident.

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