Singapore legislation

Clause 26

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

Clause 26

Modification of Singapore laws for cross‑border railway preclearance outside Singapore, etc.

(1)

Any provision of a Singapore border control law mentioned in section 25(1) that authorises or requires a Singapore border protection service officer to use a place in Singapore —

(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

(b)

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.

(2)

Any reference in any provision of such a Singapore border control law to a Singapore border protection service officer (however called) as the provision affects a person within the Singapore designated area is a reference only to a Singapore border protection service officer who is a Singapore preclearance officer.

(3)

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 provision of any Singapore border control law as modified by section 25 and this section, is to be treated for the purposes of that provision as if the person engaged in that conduct in Singapore.

(4)

An individual who engaged in any conduct mentioned in subsection (3) may be tried and punished for that conduct by a court in Singapore.

(5)

However, any provision of any Singapore border control law mentioned in subsection (1) that authorises any Singapore border protection service officer to arrest an individual does not apply to or in relation to any individual who engaged in any conduct mentioned in subsection (3) until the individual is within Singapore.

(6)

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.