Singapore legislation
Clause 65
Clause 65
New Part 5B
In the Immigration Act 1959, after Part 5A, insert —“PART 5BCO‑LOCATED BORDER CONTROL FOR CROSS‑BORDER RAILWAYSDefinitions for Part 5B36D. In this Part —“automated clearance system” has the meaning given by section 5A(5);“body search”, “screening” and “strip search” have the meanings given by section 5(5) of the Cross‑Border Railways (Border Control Co‑location) Act 2026;“conduct”, as a verb, means —
to do an act or omit to do an act —
on a single occasion; or
on a number of occasions over a period of time; or
to both do an act and omit to do an act —
on a single occasion; or
on a number of occasions over a period of time;“cross‑border railway” means a railway that —
has a railway network with a terminus in Singapore and runs to any part of peninsular Malaysia; and
is constructed under the Cross‑Border Railways Act 2018;“cross‑border train” means a train used for or in connection with providing a cross‑border train service;“cross‑border train service” means a passenger train service provided using a cross‑border railway;“detain”, by a Singapore preclearance officer, where the expression is used in the context other than quarantine, means to keep in the company (not necessarily immediate) of, and to be restricted in movement by, the Singapore preclearance officer, and includes to keep or cause to be kept, in such detention;“immigration clearance” has the meaning given by section 5(8);“infectious disease” means a disease that —
is caused or is suspected to be caused by a micro‑organism or any agent of disease;
is capable or is suspected to be capable of transmission by any means to human beings; and
is either —
the subject of a declaration under the Infectious Diseases Act 1976 of a public health emergency; or
of a fatal nature, or so serious a nature that the Director‑General of Public Health or the Director‑General of Health assesses the disease as a concern to public health in Singapore;“Malaysian border protection service officer” has the meaning given by section 3(1) of the Cross‑Border Railways (Border Control Co‑location) Act 2026;“pre‑clearance procedures” means procedures requiring a person within a Singapore designated area of a cross‑border railway to be with an immigration officer or at an automated clearance system for immigration clearance to enter Singapore;“pre‑cleared train journey” means a journey on a cross‑border train that —
is bound directly for Singapore from peninsular Malaysia; and
is declared under section 36F to be a pre‑cleared train journey;“Singapore designated area” has the meaning given by section 3(1) of the Cross‑Border Railways (Border Control Co‑location) Act 2026;“Singapore preclearance officer” means an immigration officer who is a Singapore preclearance officer within the meaning of the Cross‑Border Railways (Border Control Co‑location) Act 2026.Minister may send immigration officers outside Singapore36E. The Minister may, subject to Part 4 of the Cross‑Border Railways (Border Control Co‑location) Act 2026, order immigration officers to proceed outside Singapore to conduct immigration clearance within a Singapore designated area as Singapore preclearance officers in connection with any treaty respecting arrangements for the co‑location of border clearance of people and goods travelling by cross‑border train between Singapore and peninsular Malaysia.Pre‑cleared train journey36F.—
The Controller may, subject to the general or special directions of the Minister, declare —
a specified train journey on a cross‑border train on a specified day or specified period to be a pre‑cleared train journey for the purposes of this Act; or
a specified class of train journeys on a cross‑border train conducted by a specified person to be pre‑cleared train journeys for the purposes of this Act.(2) A particular train journey to which a declaration under subsection (1)(a) or (b) applies is not a pre‑cleared train journey if the Controller decides, before any of the passengers or crew on that journey disembark in Singapore, that it is inappropriate to treat the train journey as such and cancels the declaration insofar as it applies to that particular train journey.Application of provisions to cross‑border railway preclearance outside Singapore36G.—
Subject to subsection (3), where an area outside Singapore is declared under section 5(1AA) to be an authorised point of entry or immigration control post in connection with any treaty specified in the First Schedule to the Cross‑Border Railways (Border Control Co‑location) Act 2026, the provisions of this Act affecting —
any person travelling to Singapore for the purpose of seeking entry under a valid permit or pass;
any person who desires to enter Singapore;
any person arriving by train in Singapore from a place outside Singapore;
any person arriving or due to arrive at any authorised point of entry in Singapore from a place outside Singapore; or
any person disembarking or about to disembark in Singapore,extend (so far as relevant) to any person who is travelling to Singapore on a pre‑cleared train journey and arrives or is due to arrive at the authorised point of entry or immigration control post outside Singapore at which pre‑clearance procedures are carried out.(2) Subject to subsection (3), any reference in any provision of this Act to an immigration officer as the provision relates to an authorised point of entry or immigration control post outside Singapore at which pre‑clearance procedures are carried out is a reference only to an immigration officer who is a Singapore preclearance officer.(3) In relation to an authorised point of entry or immigration control post outside Singapore at which pre‑clearance procedures are carried out —
any train travelling to Singapore on a pre‑cleared train journey that is due to leave or is leaving the authorised point of entry or immigration control post outside Singapore is taken to be a train arriving at any train checkpoint in Singapore from a place outside Singapore for the purposes of sections 23A and 23B;
any reference in section 25A(2B) to a direction to a person to leave Singapore by any mode of land transport or on foot is a reference to disallowing the person to board a cross‑border train travelling to Singapore on a pre‑cleared train journey; and
any reference in section 31 or 31A to prohibiting a person from disembarking or to removing a person from Singapore includes a reference to disallowing the person to board a cross‑border train travelling to Singapore on a pre‑cleared train journey.(4) This section is subject to the limits in sections 24 and 25 of the Cross‑Border Railways (Border Control Co‑location) Act 2026 on the exercise of any power under this Act.When person travelling on pre‑cleared train journey enters Singapore36H. To be clear, if a person is travelling to Singapore from a place outside Singapore on a pre‑cleared train journey, he or she is to be treated as entering Singapore for the purposes of this Act when all the following are satisfied:
the person arrives at an authorised point of entry outside Singapore at which pre‑clearance procedures are carried out by Singapore preclearance officers;
the person is with a Singapore preclearance officer or at an automated clearance system for immigration clearance and complies with pre‑clearance procedures at the authorised point of entry outside Singapore;
the person —
is not refused entry into Singapore by a Singapore preclearance officer at that authorised point of entry outside Singapore; and
is not the subject of a no‑boarding directive issued under section 9AA;
the person did not disembark anywhere else after he or she left that authorised point of entry outside Singapore and before arriving at an authorised train checkpoint in Singapore;
the person arrives in Singapore at the authorised train checkpoint in Singapore and leaves the precincts of the authorised train checkpoint otherwise than —
departing from Singapore by an approved route; or
under detention.Extended criminal jurisdiction for conduct within Singapore designated area for certain offences36I.—
Any conduct engaged in outside Singapore within a Singapore designated area of a cross‑border railway that, if engaged in within Singapore, would constitute an offence under any of the following provisions of this Act if and as modified by this Part:
section 5(5) read with section 5(2);
section 5A(3);
section 6(3);
section 8(5);
section 9(5) or (6);
section 25A(4);
section 27(3);
section 28(4)(a), (b), (c) or (d);
section 29(4);
section 30(2);
section 36(2);
section 57(1)(a), (aa), (c), (f), (g), (i), (j), (k), (ka), (l), (m) or (n);
section 57D(1) or (2),is to be treated for the purposes of that provision as if the person engaged in that conduct in Singapore.(2) A person who engages in any conduct mentioned in subsection (1) may be tried and punished for that conduct by a court in Singapore.(3) However, sections 38(1) and (3), 51(3) and 57D(6) do not apply to or in relation to any person who engaged in any conduct mentioned in subsection (1) until the person is within Singapore.(4) To be clear, it does not matter whether the conduct engaged in constitutes an offence under the laws of Malaysia, and this section does not affect sections 39 and 40 of the Cross‑Border Railways (Border Control Co‑location) Act 2026.”.