In forceUpdated to 30 Sep 2026

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Cross-Border Railways (Border Control Co-location) Act 2026 · Updated to 30 Sep 2026 · Part 8 · General Matters

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 —

(a)

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

(b)

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 —

(a)

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;

(b)

performing any preparatory work; or

(c)

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 —

(a)

conducting border clearance or railway security checks or performing any preparatory work within a Malaysia designated area in Singapore; or

(b)

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.

Terms defined in s 3

border clearance
Defined · s 3
“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;
Open s 3
conduct
Defined · s 3
“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;
Open s 3
cross‑border incident
Defined · s 3
“cross‑border incident” has the meaning given by section 6(2);
Open s 3
cross‑border train
Defined · s 3
“cross‑border train” means a train used for or in connection with providing a cross‑border train service;
Open s 3
goods
Defined · s 3
“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;
Open s 3
incident management operations
Defined · s 3
“incident management operations” has the meaning given by section 6(2);
Open s 3
Malaysia designated area
Defined · s 3
“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;
Open s 3
Malaysian Government
Defined · s 3
“Malaysian Government” means the Government of Malaysia;
Open s 3
Malaysian incident management officer
Defined · s 3
“Malaysian incident management officer” has the meaning given by section 27;
Open s 3
Malaysian preclearance officer
Defined · s 3
“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;
Open s 3
preparatory work
Defined · s 3
“preparatory work” means work that is preparatory to conducting border clearance or railway security checks;
Open s 3
proceedings
Defined · s 3
“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;
Open s 3
railway security checks
Defined · s 3
“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;
Open s 3
tribunal
Defined · s 3
“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.
Open s 3

Report

Read on from s 44

Part 9

Amendments to Other Acts

Read on from Part 9

Schedules

Read on from Schedules