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

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;

any fish;

any reptile;

any amphibian;

any bird;

any mammal (other than man);

any invertebrate, regardless of the stage of development it is in; or

any eggs, or any reptile eggs, amphibian eggs, fish eggs, invertebrate eggs or monotreme eggs;

the operation of a cross‑border train used for or in connection with providing a cross‑border train service;

the planning or scheduling of train services provided using a cross‑border railway, or any activity that is ancillary to that planning or scheduling;

managing and controlling train services provided using a cross‑border railway (including train traffic management), or any activity that is ancillary to that managing and controlling;

the selling of tickets or provision of other passenger services for travel on a cross‑border train used for or in connection with providing a cross‑border train service; or

the maintenance of —

any cross‑border train used for or in connection with providing a cross‑border train service; or

any part of a cross‑border railway on which a cross‑border train service is provided;

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;

a gun, an explosive, a weapon or a noxious substance within the meaning of the Guns, Explosives and Weapons Control Act 2021;

any other pointed or bladed item capable of being used to cause bodily injury to the individual in possession of the item or to others;

a biological agent or toxin;

a corrosive substance; or

any other toxic, radioactive or flammable thing, or any other thing (whether or not of a similar kind), that is or could be used in a dangerous or threatening way;

is directly employed by A under a contract of service to do work;

is contracted or engaged by A otherwise than under a contract of service to do work in connection with any business or undertaking carried on by A; or

is under an arrangement (like a loan or secondment) making available temporarily to A the services of the individual to do work in connection with any business or undertaking carried on by A,and includes an individual employed under a contract of service by a person who is contracted or engaged by A to do work in connection with any business or undertaking carried on by A, but only while the individual is at work in connection with A’s business or undertaking;

Fire and Rescue Department of Malaysia;

Immigration Department of Malaysia;

Malaysia Civil Defence Force;

Malaysian Maritime Enforcement Agency;

Malaysian Quarantine and Inspection Services;

Malaysian Border Control and Protection Agency;

National Anti‑Drugs Agency;

Royal Malaysia Police (Travel Control Office);

Royal Malaysian Customs Department;

any other agency or department specified in the relevant Schedule relating to the cross‑border railway;

is recognised under section 9 as a Malaysian preclearance officer in respect of a cross‑border railway specified in the recognition; or

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;

a Malaysian border protection service officer or a Singapore border protection service officer;

an independent safety auditor, a rail safety inspector or other like official making an investigation or inspection for the purposes of any written law or Malaysian law about ensuring the safety of the operations of the cross‑border railway while on duty or carrying out work in that capacity;

any civil proceedings or criminal proceedings before any court in Singapore, and includes a coroner’s inquiry;

any arbitration or mediation proceedings in Singapore;

any proceedings in Parliament or a committee of Parliament; or

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;

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, if left not investigated or unchecked, likely to result in an epidemic of the disease;

entering Singapore or Malaysia, as the case may be; or

emerging, establishing themselves or spreading within Singapore or Malaysia, as the case may be;

a cross‑border train used for or in connection with providing a cross‑border train service using the cross‑border railway —

is destroyed or seriously damaged; or

is abandoned, disabled or stranded;

an individual dies, or is seriously injured, as a result of the occurrence;

a collision as follows happens, or happens directly as a result of the occurrence:

a collision between any of the cross‑border trains used for or in connection with providing a cross‑border train service using the cross‑border railway, but not an impact between such trains associated with normal railway operating circumstances;

a collision between a cross‑border train used for or in connection with providing the cross‑border train service and an individual, a creature or another vehicle; or

any of the following happens directly as a result of the occurrence:

a derailment of a cross‑border train used for or in connection with providing a cross‑border train service using the cross‑border railway;

an explosion or a fire;

serious damage to the railway infrastructure of that cross‑border railway or any railway track in or on that railway infrastructure;

a train station;

a railway tunnel;

a viaduct;

a bridge;

a railway yard;

a maintenance facility for trains and maintenance or engineering vehicles used for or in connection with the railway;

any of the following Ministries or departments of the Singapore Government:

the Singapore Civil Defence Force;

the Singapore Customs;

the Singapore Police Force;

the Singapore Prison Service;

the Central Narcotics Bureau;

the Immigration & Checkpoints Authority;

the Ministry of Health;

any of the following Singapore public sector agencies:

the Communicable Diseases Agency;

the Health Sciences Authority;

the National Environment Agency; or

any other Ministry or department of the Singapore Government or other Singapore public sector agency specified in the relevant Schedule relating to the cross‑border railway;

is nominated by the Minister under Part 4 to be a Singapore preclearance officer; and

is accepted in Malaysia as a Singapore preclearance officer in respect of a cross‑border railway,but only while on duty or carrying out work in that capacity;

any gas, liquid or solid;

any organism or part of an organism;

any material that is produced from an organism;

any radioactivity or electromagnetic radiation; and

a combination of substances;

as a means of transport of passengers or cargo, or both passengers and cargo; or

for movement on the railway in order to maintain the railway; Examples Any train and rolling stock, coaches, wagons, maintenance or engineering vehicles or other railway equipment that is designed for movement along a line of railway. Any locomotive, engine, track car, tender, flanger and railway crane.

whose parties are Singapore and any foreign country;

that relates to a cross‑border railway; and

that is specified in the First Schedule in relation to the cross‑border railway;

has power by or under any written law to require the production of documents or answering of questions; or

is constituted and vested by or under any written law to make a decision of an administrative character.

is seeking to board a cross‑border train from an authorised point of departure on or along a cross‑border railway; and

is a passenger or crew of a cross‑border train that is bound for peninsular Malaysia used for or in connection with providing a cross‑border train service on the cross‑border railway with no planned stops within Singapore after he or she boards that train.

to present to a Malaysian preclearance officer in Singapore, or a Singapore preclearance officer in peninsular Malaysia —

the individual’s travel document;

evidence of any visa required by or under a Malaysian border control law for the individual to enter Malaysia, or a Singapore border control law for the individual to enter Singapore, as the case may be; and

the individual’s ticket if he or she is a passenger;

to provide one or more personal identifiers in the manner required by or under a Malaysian border control law for the individual to enter Malaysia, or a Singapore border control law for the individual to enter Singapore, as the case may be;

if the individual is seeking to import into Malaysia or Singapore (as the case may be) any thing —

to present the individual’s documents relating to the proposed import into Malaysia or Singapore (as the case may be) of the thing; and

to allow a Malaysian preclearance officer in Singapore or a Singapore preclearance officer in Malaysia (as the case may be) to inspect the thing;

to undergo a medical examination, or to undergo supervised or voluntary isolation or quarantine;

to provide any information (including the individual’s signature and health information) required by or under a Malaysian border control law for the individual to enter or to import any thing into Malaysia, or a Singapore border control law for the individual to enter or to import any thing into Singapore, as the case may be.

to question or interview an individual seeking to enter peninsular Malaysia from Singapore, or to enter Singapore from peninsular Malaysia, by travelling on a cross‑border train on a cross‑border railway (as the case may be) in connection with —

his or her seeking to enter, or to import any thing into, Malaysia; or

his or her seeking to enter, or to import any thing into, Singapore;

to refuse an individual mentioned in paragraph (a) —

entry into Malaysia or Singapore;

exit from Malaysia or Singapore;

permission to import any thing into Malaysia or Singapore; or

permission to export any thing from Malaysia or Singapore.

the individual’s signature;

the individual’s fingerprint or handprint;

a photograph or other image of the individual’s face and shoulders;

any other physiological data about the individual necessary for identifying or authenticating the identity of the individual where using a biometric authenticating system;

the Singapore Government;

the Malaysian Government;

the government of another foreign country; or

an international organisation,and it does not matter whether the document is or is not also issued for another purpose.

patrolling, watching, guarding or controlling access to any part of a Malaysia designated area or a Singapore designated area (as the case may be) of the cross‑border railway to deter and detect unauthorised access by people, vehicles or other things into any part of the train or track and to otherwise maintain the integrity of access control systems to the Malaysia designated area or Singapore designated area;

patrolling and keeping under surveillance any part within a Malaysia designated area or a Singapore designated area of the cross‑border railway —

to inquire into, secure, and cause the removal of unattended or suspicious things;

to assess, identify and respond to unknown substances; or

to deter unauthorised possession of any dangerous thing or forbidden thing on board a cross‑border train on a cross‑border railway or in the train station;

screening of any individual —

in preparation for him or her boarding a cross‑border train on a cross‑border railway; or

in order for the individual to enter or remain in any part of a Malaysia designated area or a Singapore designated area of the cross‑border railway;

conducting a strip search or body search of an individual mentioned in paragraph (c) with the consent of the individual;

questioning or interviewing an individual subject to railway security checks;

detaining an individual and only for so long as is reasonably necessary to conduct a screening, strip search or body search of the individual;

requiring an individual to present to a Malaysian preclearance officer in Singapore or a Singapore preclearance officer in peninsular Malaysia (as the case may be) the individual’s ticket if he or she is a passenger of a cross‑border train.

an individual is at a screening point; and

the individual must receive clearance in order —

to board a cross‑border train; or

to enter or remain in any part of —

an authorised point of entry or authorised point of departure along or on a cross‑border railway; or

a Malaysia designated area or Singapore designated area of a cross‑border railway,the individual is taken, for all purposes, to consent to each search procedure that may be conducted at the screening point.

the procedure is a strip search or body search; or

the individual refuses to undergo the procedure.

without touching the individual or the individual’s personal property (as the case may be) other than a swab; and

without requiring the individual to remove his or her clothing;

conducting a scanning search of the individual, or of any personal property of the individual that is intended for carrying on board a cross‑border train;

requiring the individual to turn out his or her pockets for any contents and inspecting any of those contents;

where the results of the search procedure in paragraph (a) or (b) indicate that additional search procedures are necessary in order to screen the individual properly, all or any of the following:

conducting a frisk search of the individual;

requiring the individual to remove one or more clothing worn by the individual that may be conveniently removed and inspecting the clothing;

inspecting any personal property of the individual that is intended for carrying on board a cross‑border train, including —

requiring the individual to move, and if it is considered necessary, empty or remove, the contents of any bag, basket or other receptacle worn or carried by the individual or apparently in the possession or immediate control of the individual; and

inspecting any of those contents or the bag, basket or other receptacle or both;

the cross‑border train is on a track of a cross‑border railway; and

the cross‑border train is in the stage of operation described in the relevant Schedule relating to that cross‑border railway.

the defined zone of a cross‑border railway; or

a cross‑border train that is in transit on a cross‑border railway;

activities undertaken in relation to a railway occurrence —

to help injured people and prevent or reduce loss of human life, illness or injury to humans associated with the railway occurrence;

to help prevent or reduce property loss or damage, or damage to the environment associated with the railway occurrence; or

to protect people or goods from danger or potential danger associated with the railway occurrence; Examples Search and rescue, firefighting, environmental hazard control, and critical medical assistance or medical evacuation.(b)activities undertaken to respond to, or minimise, the adverse effects of a railway occurrence; or

carrying out ordinary checks or special checks for the purposes of railway security checks relating to a cross‑border railway affected by a railway occurrence, so far as relevant;

a railway accident;

a railway security incident involving or associated with a cross‑border railway;

a natural catastrophe;

an explosion or a fire, a chemical, fuel or oil spill, a gas leak or a poor air quality episode involving smoke;

a serious public order incident affecting the public or a threat of such an incident occurring;

a discovery of unaccompanied, unattended or unidentified goods onboard a cross‑border train or on a track of a cross‑border railway in suspicious circumstances;

an event in which critical medical assistance or medical evacuation must be provided to any passenger or crew of a cross‑border railway, any individual conducting incident management operations or any other individual affected by any occurrence mentioned in paragraph (a), (b), (c), (d) or (e);

involves serious violence to any individual;

causes serious damage to property;

causes death;

endangers any individual’s life, including the life of the individual engaging in the conduct;

involves releasing into the environment or any part of the environment, or distributing or otherwise exposing the public to, any dangerous thing; or

otherwise causes a serious risk to the health or safety of people.

no later than the 30th day after receiving a written nomination of the Malaysian Government regarding that officer; or

within any longer period that the Minister and the Malaysian Government agree in any particular case.

a serious unplanned incident associated with a cross‑border railway is occurring or has occurred; and

additional Malaysian border protection service officers identified in or identifiable from the notice are necessary to conduct, in Singapore, border clearance and railway security checks of people and goods travelling by cross‑border train bound for peninsular Malaysia, so as to substantially assist in either or both the following:

restoring the reliable and secure provision of those border clearance and railway security checks in Singapore;

reducing the impact of the serious unplanned incident on the health or safety of people in or on property in the Malaysia designated area or its immediate vicinity.

the recognition is withdrawn under section 12;

the expiry of the validity period specified in the recognition (which in no case exceeds 5 years after the decision to recognise is made);

the individual ceases to be a Malaysian border protection service officer.

to the extent that is conferred by or under a Malaysian border control law on the Malaysian preclearance officer; and

subject to the limits mentioned in sections 14 to 18, the relevant Schedule relating to that cross‑border railway, and section 44.

within a Malaysia designated area of the cross‑border railway which is within an authorised point of departure for that cross‑border railway; and

subject to the limits mentioned in sections 14 to 18, the relevant Schedule relating to that cross‑border railway, and section 44.

in the sequence prescribed in the relevant Schedule relating to the cross‑border railway; and

if the individual —

is seeking to enter peninsular Malaysia; and

is within the Malaysia designated area of the cross‑border railway and is about to enter Malaysia’s CIQ zone in Singapore.

the individual consents to the search;

the Malaysian preclearance officer believes on reasonable grounds that it is necessary to conduct a strip search or body search of that individual for the purposes of the search and that the seriousness and urgency of the circumstances require a strip search or body search to be conducted; and

all the conditions in subsection (4) are met.

must be conducted in a private area;

must be conducted by a Malaysian preclearance officer who is of the same sex as the individual being searched;

must not be conducted in the presence or view of another individual who is not of the same sex as the individual being searched; and

must not be conducted in the presence or view of another individual whose presence is not necessary for the purposes of the search.

remove or take possession of any thing found during any screening or a search procedure, or when otherwise conducting border clearance or a railway security check, including any thing —

that is a dangerous thing;

that is a Malaysian controlled item; or

where it is unclear to the Malaysian preclearance officer whether it is a dangerous thing or a Malaysian controlled item, and there are discrepancies, either —

in the documents accompanying the thing itself; or

between the documents accompanying the thing and the thing itself,that suggest that it may be unwise for the officer to rely on the documents to clear the import of that thing into Malaysia; and

detain any individual who was wearing or carrying the thing removed or taken possession of under paragraph (a), or apparently having possession or immediate control of that thing.

the individual —

is a carrier of, or is infected with, an infectious disease;

has undergone a medical examination in connection with an infectious disease but has not received a conclusive result of that medical examination; or

has been exposed to the risk of infection from that infectious disease; or

the individual is seeking to enter Malaysia from a country outside Malaysia during a period when there is an outbreak or suspected outbreak of the infectious disease in that country.

an individual who is seeking to enter, or to import goods into, peninsular Malaysia by travelling on a cross‑border train on the cross‑border railway but not yet allowed by any Singapore border protection service officer to exit Singapore;

any personal property of an individual mentioned in paragraph (a) that is intended for carrying on board a cross‑border train on the cross‑border railway.

require an individual —

to present the individual’s documents and any other information required by or under a Malaysian border control law for the individual to import into Malaysia any Malaysian controlled item which is or is among the individual’s personal property that is intended for carrying on board the cross‑border train; and

to allow a Singapore border protection service officer to inspect the personal property mentioned in sub‑paragraph (i);

question or interview an individual in connection with any Malaysian controlled item which is or is among the individual’s personal property that is intended for carrying on board the cross‑border train;

conduct screening or a search procedure in respect of an individual and his or her personal property that is intended for carrying on board the cross‑border train;

remove or take possession of any of the following found during any inspection, screening or a search procedure, or when otherwise conducting border clearance or a railway security check:

a dangerous thing;

a Malaysian controlled item not covered by any document required by or under a Malaysian border control law for the individual to import into Malaysia the Malaysian controlled item;

any thing where it is unclear to the Singapore border protection service officer whether it is a dangerous thing or a Malaysian controlled item, and there are discrepancies, either —

in the documents accompanying the thing itself; or

between the documents accompanying the thing and the thing itself,that suggest that it may be unwise for the officer to rely on the documents as authorising the import of that thing into Malaysia; and

detain any individual wearing or carrying the thing removed or taken possession of under paragraph (d), or apparently having possession or immediate control of that thing.

is a forbidden thing;

is a live creature;

is of such a nature or in such condition that it would be dangerous or not reasonably practicable for the individual concerned to discard it within an authorised point of departure on or along a cross‑border railway; or

is evidential material that may be relevant to an investigation into an offence reasonably suspected to have been committed by the individual or another person under any written law,the Singapore border protection service officer must remove or take possession of that thing.

is a gun;

is or contains a bomb, mine or grenade; or

is a sharp, pointed or bladed weapon capable of being used to cause bodily injury to the individual in possession of the item or to others; Examples Axe, bayonet, sword, karambit, dagger, spear, push knife or trench knife.(d)is or contains a controlled drug specified in Part 1, 2 or 3 of the First Schedule to the Misuse of Drugs Act 1973; or

is cash, the total value of which exceeds the amount prescribed under section 60 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 at the material time;

propelling a bullet, shot or other projectile (which may or may not contain any noxious substance); or

discharging any noxious substance, corrosive substance or other toxic substance.

to conduct border clearance or railway security checks in peninsular Malaysia within a Singapore designated area of a cross‑border railway in respect of people and goods travelling by any cross‑border train bound for Singapore from peninsular Malaysia using that cross‑border railway;

to perform any preparatory work in peninsular Malaysia within a Singapore designated area of a cross‑border railway.

the same powers, rights and immunities under the applicable Singapore border control law; and

so far as possible, to perform the same duties,as when conducting the border clearance or railway security checks or performing that preparatory work in Singapore.

to the extent that is conferred by or under a Singapore border control law on a Singapore preclearance officer; and

subject to the limits mentioned in the following provisions as those provisions apply, with the necessary modifications, to such a Singapore preclearance officer serving in peninsular Malaysia as they apply to a Malaysian preclearance officer conducting border clearance or railway security checks in a Malaysia designated area of the cross‑border railway in Singapore:

sections 14 to 18;

the relevant Schedule relating to that cross‑border railway.

within the Singapore designated area of the cross‑border railway in peninsular Malaysia; and

subject to the limits mentioned in the following provisions as those provisions apply, with the necessary modifications, to such a Singapore preclearance officer serving in peninsular Malaysia as they apply to a Malaysian preclearance officer conducting border clearance or railway security checks in a Malaysia designated area of the cross‑border railway in Singapore:

sections 14 to 18;

the relevant Schedule relating to that cross‑border railway.

providing for the conduct of border clearance or railway security checks or preparatory work by a Singapore border protection service officer; or

containing prohibitions and restrictions on the import of Singapore controlled items,(except the Immigration Act 1959, the Customs Act 1960 and the Infectious Diseases Act 1976) apply within any Singapore designated area of a cross‑border railway at which pre‑clearance procedures are carried out subject to the modifications in this section and section 26.

any individual who is travelling to Singapore on a pre‑cleared train journey on a cross‑border railway and arrives or is due to arrive at a Singapore designated area (which is outside Singapore) of the cross‑border railway; and

any goods worn or carried or apparently in the possession or immediate control of an individual mentioned in paragraph (a).

for questioning or interviewing, for the purposes of any such Singapore border control law, any individual entering or arriving by land in Singapore from a place outside Singapore; or

for inspecting or examining, for such purposes, the personal property of such an individual,applies as if the reference to the use of a place in Singapore by a Singapore border protection service officer were a reference to the use of an appropriate space within the Singapore designated area by a Singapore border protection service officer who is a Singapore preclearance officer; and it does not matter whether the space is or is not a customs station, a customs office or an examination station.

preserving, restoring or maintaining order in any train station in Malaysia and its immediate vicinity;

the protection of life and property at fires;

preventing, managing or controlling of quarantinable diseases in Malaysia; and

protecting people from injury or death, and public property from damage or loss, whether arising from criminal acts or in any other way,but only while on duty or carrying out work in that capacity;

preserving, restoring or maintaining order in any train station in Singapore and its immediate vicinity;

the protection of life and property at fires;

preventing, managing or controlling of quarantinable diseases in Singapore; and

protecting people from injury or death, and public property from damage or loss, whether arising from criminal acts or in any other way,but only while on duty or carrying out work in that capacity.