Schedule 2

In this Schedule —“infectious disease” means a quarantinable disease that —

is the subject of a declaration by or under a Malaysian border control law of a public health emergency; or

is of a fatal nature, or so serious a nature that the Ministry of Health Malaysia, Disease Control Division assesses the disease as a concern to public health in Malaysia;“Malaysia’s southernmost railway station” means the railway station in peninsular Malaysia on the cross‑border railway called the Bukit Chagar station in Johor Bahru, Malaysia;“Singapore’s northernmost railway station” means the railway station in Singapore on the cross‑border railway called the Woodlands North Station.(2) For the purposes of this Schedule, an individual may be treated as refused entry into Malaysia if a Malaysian preclearance officer refuses the individual permission to enter in the exercise of the officer’s CIQ powers.Additional Malaysian border protection services

the Ministry of Health Malaysia, Disease Control Division;

the Ministry of Health Malaysia, Food Safety and Quality Programme;

the Ministry of Health Malaysia, Pharmacy Enforcement Division;

the Ministry of Home Affairs Malaysia, Regulatory and Enforcement Division.Special CIQ powers and special railway security checks4.—

For the purposes of sections 4(3) and 5(2), the special CIQ powers and the special checks that a Malaysian preclearance officer in Singapore may exercise when conducting border clearance or railway security checks in Singapore within the Malaysia designated area of the cross‑border railway, are as follows:

carry, or have in his or her possession or under his or her control, or use, any baton, handcuffs or 2‑way communication equipment, when he or she is acting in the course of his or her duty conducting border clearance or railway security checks;

detain with the use of reasonable force any individual —

seeking to enter Malaysia but who is prohibited by a Malaysian border control law from entering Malaysia; or

seeking to enter Malaysia but who is otherwise refused clearance to enter Malaysia;

detain with the use of reasonable force any individual whom the Malaysian preclearance officer has reasonable grounds to suspect —

is committing or has committed an offence under any Malaysian border control law;

is behaving or has behaved in a disorderly, indecent, offensive or threatening manner in the Malaysia designated area;

is or has been disrupting the orderly conduct of any border clearance or railway security checks in the Malaysia designated area;

is creating or has created a nuisance of a public nature in the Malaysia designated area; or

is or is likely to threaten the safety of a cross‑border train or of any passenger or crew of a cross‑border train or the individual himself or herself;

conduct a strip search or body search of an individual mentioned in sub‑paragraph (c) without the consent of the individual;

detain with the use of reasonable force any individual mentioned in section 17.(2) To be clear, this paragraph is subject to sections 14 and 15 and the limits in paragraphs 9, 10 and 11.(3) In this paragraph and paragraph 12 —“baton” includes a truncheon and a nightstick;“handcuffs” means handcuffs, leg braces, flexi cuffs or any other similar means of restraint.When train is “in transit”5.—

For the purposes of section 6(1)(b), a cross‑border train on the cross‑border railway bound for Singapore from peninsular Malaysia is in transit —

from the moment the cross‑border train first moves under its own power for the purpose of departing peninsular Malaysia’s southernmost railway station travelling towards Singapore; and

until the earliest of the following moments:

just before the cross‑border train arrives at Singapore’s northernmost railway station on that cross‑border railway;

just before the cross‑border train returns to arrive at peninsular Malaysia’s southernmost railway station on that cross‑border railway without it arriving at Singapore’s northernmost railway station on that cross‑border railway.(2) For the purposes of section 6(1)(b), a cross‑border train on the cross‑border railway bound for peninsular Malaysia from Singapore is also in transit —

from the moment the cross‑border train first moves under its own power for the purpose of departing Singapore’s northernmost railway station travelling towards peninsular Malaysia; and

until the earliest of the following moments:

just before the cross‑border train arrives at peninsular Malaysia’s southernmost railway station on that cross‑border railway;

just before the cross‑border train returns to arrives at Singapore’s northernmost railway station on that cross‑border railway without it arriving at peninsular Malaysia’s southernmost railway station on that cross‑border railway.(3) In this paragraph, a reference to a train arriving at a railway station includes a reference to an occasion when a train on a railway passes —

a signal at the railway station with authority; or

a stop signal, or a signal with no indication, at the railway station, without authority.Where is “defined zone”6.—

For the purposes of the definition of “defined zone” in section 6(2), the defined zone of the cross‑border railway is any part of the railway infrastructure of the cross‑border railway that —

is or is part of —

a bridge, viaduct or tunnel across the Straits of Johore; or

the train tracks of the cross‑border railway in or on that bridge, viaduct or tunnel or part thereof; and

lies between Pier 47 and Pier 48.(2) In this paragraph —“Pier 47” means a part of —

a bridge, viaduct or tunnel across the Straits of Johore; or

the train tracks of the cross‑border railway in or on that bridge, viaduct or tunnel or part thereof,that is within the territory of Malaysia, and which is more particularly delineated in the map attached to the treaty relating to the cross‑border railway;“Pier 48” means a part of —

a bridge, viaduct or tunnel across the Straits of Johore; or

the train tracks of the cross‑border railway in or on that bridge, viaduct or tunnel or part thereof,that is within the territory of Singapore, and which is more particularly delineated in the map attached to the treaty relating to the cross‑border railway.Serious unplanned incident requiring extra Malaysian border protection service officers

a disruption, malfunction, outage or other failure in any system used by Malaysian border protection service officers or Singapore border protection service officers that has a severe and widespread impact on the respective countries’ border clearance operations or railway security operations concerning the cross‑border railway;

a resumption of any cross‑border train service using the cross‑border railway, following any suspension (but not a delay or re‑timing) of the cross‑border train service because of any of the following:

any technological disruption, malfunction or outage or other system failure;

a railway accident;

a railway security incident associated with the cross‑border railway;

an epidemic or a pandemic, or the spread of any disease affecting humans, that is declared by or under a Malaysian law or Singapore law to be a public health emergency or constitutes a serious threat to public health;

any other unplanned or uncontrolled occurrence affecting the cross‑border railway that the Malaysian Government and Singapore Government agree is a “serious unplanned incident” for the purposes of section 10(1).Period Malaysian border protection service officers deemed recognised

3 days;

a longer period that —

is recommended by the Malaysian Government in the written notice for a purpose in section 10(1)(b); and

is agreed to by the Minister.Sequence of border clearance and railway security checks

must not subject the individual to more restriction than is necessary to prevent the individual from escaping from the officer’s custody;

must as soon as is practicable transfer custody of the individual to an appropriate Singapore border protection service officer; and

must not detain the individual for longer than is necessary to make arrangements to transfer custody of the individual to the appropriate Singapore border protection service officer, including escorting to deliver into custody.Limits on detaining for public health reasons

may require the individual to wear either or both specified clothing and equipment that is designed to prevent an infectious disease from emerging, establishing itself or spreading;

must not subject the individual detained to more restriction than is necessary to prevent the individual from escaping from the officer’s custody;

must as soon as is practicable either —

transfer custody of the individual in sub‑paragraph (a) to an appropriate Singapore border protection service officer; or

direct the individual concerned to undergo a medical examination within the Malaysia designated area, or to undergo supervised or voluntary isolation or quarantine; and

must not detain the individual in sub‑paragraph (a) for longer than is necessary —

to make arrangements in sub‑paragraph (c)(i) to transfer custody of the individual to an appropriate Singapore border protection service officer (including escorting to deliver into custody); or

to give the directions in sub‑paragraph (c)(ii).Carrying batons, handcuffs, etc.12.—

Nothing in the Miscellaneous Offences (Public Order and Nuisance) Act 1906 or the Infrastructure Protection Act 2017 prohibits or makes unlawful a Malaysian preclearance officer recognised in relation to the cross‑border railway carrying, or having in his or her possession or under his or her control, or use, any baton, handcuffs or 2‑way communication equipment, when he or she is acting in the course of his or her duty conducting border clearance or railway security checks in the Malaysia designated area of the cross‑border railway.(2) However, a Malaysian preclearance officer must not use any baton or handcuffs on an individual to subject the individual to more restriction than is necessary to prevent the individual from —

inflicting any bodily injury to himself or herself or others;

damaging any property in the Malaysia designated area;

creating any disturbance in the Malaysia designated area; or

escaping from custody.(3) A Malaysian preclearance officer must not use any baton or handcuffs on an individual for the purpose of punishment.Assistance by Malaysian preclearance officer to Singapore border protection services and vice versa13.—

Upon the request of a Singapore border protection service officer in Singapore who has determined that there are reasonable grounds to suspect that an offence has been committed under any written law, a Malaysian preclearance officer may render assistance to the Singapore border protection services, including by doing any of the following within the Malaysia designated area of the cross‑border railway:

by searching for an individual specified or described by a Singapore border protection service officer;

by detaining with the use of reasonable force any individual specified or described by a Singapore border protection service officer.(2) Upon the request of a Malaysian border protection service officer in peninsular Malaysia who has determined that there are reasonable grounds to suspect that an offence has been committed under any Malaysian law, a Singapore preclearance officer may render assistance to the Malaysian border protection services, including by doing any of the following within the Singapore designated area of the cross‑border railway:

by searching for an individual specified or described by a Malaysian border protection service officer;

by detaining with the use of reasonable force any individual specified or described by a Malaysian border protection service officer.(3) The rendering of assistance under this paragraph is to be treated as conducting railway security checks for the purposes of this Act.Incident management operations in defined zone14.—

For the purposes of section 28, a Singapore incident management officer may conduct incident management operations in relation to a cross‑border incident —

if the cross‑border incident is a railway occurrence —

that is occurring or has occurred within the defined zone of the cross‑border railway but does not involve a cross‑border train in transit;

that involves a cross‑border train in transit bound from Singapore to peninsular Malaysia and the cross‑border train is parked or its propulsion system is shut down or placed in “sleep” mode with no part of the train extending beyond Pier 47; or

that involves a cross‑border train in transit bound from peninsular Malaysia to Singapore and the cross‑border train is parked or its propulsion system is shut down or placed in “sleep” mode with the nose of the train projecting beyond Pier 48; and

if the Singapore incident management officer must enter on any premises beyond Pier 48 when northbound, the prior consent of the Malaysian Government is given for the conduct of those incident management operations.(2) For the purposes of section 28, a Malaysian incident management officer may conduct incident management operations in relation to a cross‑border incident —

if the cross‑border incident is a railway occurrence —

that is occurring or has occurred within the defined zone of the cross‑border railway but does not involve a cross‑border train in transit;

that involves a cross‑border train in transit bound from peninsular Malaysia to Singapore and the cross‑border train is parked or its propulsion system is shut down or placed in “sleep” mode with no part of the train extending beyond Pier 48; or

that involves a cross‑border train in transit bound from Singapore to peninsular Malaysia and the cross‑border train is parked or its propulsion system is shut down or placed in “sleep” mode with the nose of the train projecting beyond Pier 47; and

if the Malaysian incident management officer must enter on any premises beyond Pier 47 when southbound, the prior consent of the Singapore Government is given for the conduct of those incident management operations.(3) However, sub‑paragraphs (1)(b) and (2)(b) do not apply with respect to incident management operations relating to a cross‑border incident —

that —

is an explosion or a fire;

involves the release into the environment or exposing the public to any toxic chemical, any dangerous, hazardous, radioactive or harmful substance, or any biological agent, or toxin; or

requires search and rescue services or critical medical assistance or medical evacuation to be provided; and

that is not also, and does not become, a serious public order incident affecting the public or a threat of such an incident occurring.(4) Where sub‑paragraph (3) applies, the following prior notice must be given in lieu of obtaining prior consent:

if any Singapore incident management officer must enter on any premises beyond Pier 48 when northbound to conduct any incident management operations in sub‑paragraph (1), an appropriate Singapore incident management officer must notify the Malaysian Government before the conduct of those incident management operations;

if any Malaysian incident management officer must enter on any premises beyond Pier 47 when southbound to conduct any incident management operations in sub‑paragraph (2), an appropriate Malaysian incident management officer must notify the Singapore Government before the conduct of those incident management operations.(5) In this paragraph, “Pier 47” and “Pier 48” have the meanings given by paragraph 6(2).Extent of powers for incident management operations15.—

For the purposes of section 30(1)(b)(iii), the limits on a Malaysian incident management officer conducting incident management operations within any cross‑border incident site in section 29 in relation to a cross‑border incident are as follows:

search for and rescue endangered individuals and animals (if any) and evacuate them from the cross‑border incident site to areas of safety;

provide first aid to casualties and for their removal for medical treatment or to areas of safety;

control the movement of people, creatures or vehicles within, into, out of or around the cross‑border incident site, including closing to pedestrian or vehicular traffic any road and stopping the movement of any cross‑border train;

enter, break into, take possession of, remove or destroy, or cause to be taken possession of, removed or destroyed, any train, aircraft, vehicle, vessel or thing for the purpose of —

extinguishing or preventing the spread of any fire;

reducing or minimising the effect of any toxic chemical, any dangerous, hazardous, radioactive or harmful substance or any biological agent, or toxin, which has been released or distributed; or

searching for and rescuing individuals endangered by the cross‑border incident;

remove any train, aircraft, vehicle, vessel or thing in the cross‑border incident site which is impeding the incident management operations;

remove from the cross‑border incident site any individual who, by that individual’s presence or otherwise, interferes with the carrying on of incident management operations;

seize any creature, vegetation or thing within the cross‑border incident site which the incident management officer has reason to suspect has been contaminated by being exposed to any toxic chemical, any dangerous, hazardous, radioactive or harmful substance or any biological agent, or toxin, and destroy or otherwise dispose of the creature, vegetation or thing;

require any individual whom the incident management officer has reason to suspect has been exposed to any toxic chemical, any dangerous, hazardous, radioactive or harmful substance or any biological agent, or toxin, to undergo medical examination and medical treatment;

take into the cross‑border incident site, and use, any equipment or materials the incident management officer reasonably requires for the purpose of carrying on incident management operations there, including carrying, or having in his or her possession or under his or her control, or using, any firearms, tasers or other less lethal weapons;

shut off or disconnect, or order any person having the control thereof to shut off or disconnect, the supply of electricity to any premises.(2) Also, a Malaysian incident management officer may exercise a power mentioned in this paragraph using only force that is reasonable in the circumstances.Malaysian border control laws