Singapore legislation
Clause 43
Clause 43
Protection of Malaysian officers
(1)
Subject to subsection (2) and section 44, an individual is immune from any proceedings, or any disciplinary proceedings or other like administrative means, before any court, tribunal, authority, person or body in Singapore insofar as those proceedings relate to anything the individual did or omitted to do in the exercise of powers, or in the discharge of any duty —
as a Malaysian preclearance officer in the course of conducting border clearance or railway security checks or performing any preparatory work within a Malaysia designated area in Singapore; or
as a Malaysian incident management officer in the course of conducting incident management operations in Singapore in relation to a cross‑border incident,and the immunity continues to apply despite the individual ceasing to be a Malaysian preclearance officer or a Malaysian incident management officer.
(2)
Subsection (1) does not apply to or in relation to any particular Malaysian preclearance officer or a Malaysian incident management officer in respect of whom 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.
(3)
A certificate by or on behalf of a representative of the Malaysian Government is conclusive evidence on any question in any proceedings whether a Malaysian preclearance officer or a Malaysian incident management officer did or omitted to do anything in the exercise of powers, or in the discharge of any duty —
conducting as a Malaysian preclearance officer border clearance and railway security checks of people and goods travelling by any cross‑border train bound for peninsular Malaysia;
performing any preparatory work; or
conducting any incident management operations in relation to a cross‑border incident.
(4)
To be clear, this section does not prevent any proceedings, or any disciplinary proceedings by an employer with a view to disciplining an individual employed or engaged by the employer or other like administrative means, being taken against a Malaysian preclearance officer or a Malaysian incident management officer in respect of his or her conduct in the course of —
conducting border clearance or railway security checks or performing any preparatory work within a Malaysia designated area in Singapore; or
conducting incident management operations in Singapore in relation to a cross‑border incident,as the case may be.
(5)
This section does not affect the State Immunity Act 1979.