§ 360 — Powers to search vessels, aircrafts and vehicles

360.—(1) A senior customs officer may —(a)

board any conveyance in Singapore; and

(b)

rummage and search all parts of the conveyance for seizable goods.

(2) In order to effectively exercise the power under subsection (1), a senior customs officer may do all or any of the following:(a)

order the master of any vessel in Singapore to heave to;

(b)

order the master of any vessel or the pilot of any aircraft in Singapore that the vessel or aircraft must not proceed unless permitted by the officer;

(c)

order a person to produce for inspection any documents that —(i)

ought to be on board any vessel or aircraft; and

(ii)

relate to any goods on the vessel or aircraft;

(d)

break open and forcibly enter any place or receptacle in any conveyance to which the officer cannot otherwise reasonably obtain access;

(e)

order the master of any vessel in Singapore to cause the vessel to proceed to a specified anchorage, wharf or place to which the vessel may lawfully go;

(f)

order the master of any vessel in Singapore to move or discharge any cargo or other goods in the vessel;

(g)

order the person in charge of a vehicle —(i)

to stop and not to proceed until so authorised; or

(ii)

to bring the vehicle to any police station or examination station;

(h)

order that any goods from or placed in any vessel may not be removed unless permitted by the officer;

(i)

order the master of any vessel or the pilot of any aircraft to produce —(i)

a complete manifest of the whole cargo of the vessel or aircraft; and

(ii)

a complete list of stores carried by that vessel or aircraft;

(j)

take any necessary steps that the officer considers necessary to secure compliance by any vessel or aircraft with an order under this section.

(3) A customs officer (not being a senior customs officer) may —(a)

exercise the power in subsection (1), but only at the general or specific directions of a senior customs officer; and

(b)

exercise the powers in subsection (2) but —(i)

not the powers in paragraphs (d) and (j) of that subsection; and

(ii)

only in respect of —(A)

a vehicle or vessel of 75 tons net tonnage or less; or

(B)

a vessel under way if the officer reasonably suspects that the vessel is not in transit through Singapore.

(4) A customs officer (not being a senior customs officer) who does any act in purported exercise of any power under this section is presumed, unless the contrary is proved, to have done that act at the general or specific directions of a senior customs officer.

(5) A person who fails to comply with an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.

—(1) A senior customs officer may —(a)

board any conveyance in Singapore; and

(b)

rummage and search all parts of the conveyance for seizable goods.

(2) In order to effectively exercise the power under subsection (1), a senior customs officer may do all or any of the following:(a)

order the master of any vessel in Singapore to heave to;

(b)

order the master of any vessel or the pilot of any aircraft in Singapore that the vessel or aircraft must not proceed unless permitted by the officer;

(c)

order a person to produce for inspection any documents that —(i)

ought to be on board any vessel or aircraft; and

(ii)

relate to any goods on the vessel or aircraft;

(d)

break open and forcibly enter any place or receptacle in any conveyance to which the officer cannot otherwise reasonably obtain access;

(e)

order the master of any vessel in Singapore to cause the vessel to proceed to a specified anchorage, wharf or place to which the vessel may lawfully go;

(f)

order the master of any vessel in Singapore to move or discharge any cargo or other goods in the vessel;

(g)

order the person in charge of a vehicle —(i)

to stop and not to proceed until so authorised; or

(ii)

to bring the vehicle to any police station or examination station;

(h)

order that any goods from or placed in any vessel may not be removed unless permitted by the officer;

(i)

order the master of any vessel or the pilot of any aircraft to produce —(i)

a complete manifest of the whole cargo of the vessel or aircraft; and

(ii)

a complete list of stores carried by that vessel or aircraft;

(j)

take any necessary steps that the officer considers necessary to secure compliance by any vessel or aircraft with an order under this section.

(3) A customs officer (not being a senior customs officer) may —(a)

exercise the power in subsection (1), but only at the general or specific directions of a senior customs officer; and

(b)

exercise the powers in subsection (2) but —(i)

not the powers in paragraphs (d) and (j) of that subsection; and

(ii)

only in respect of —(A)

a vehicle or vessel of 75 tons net tonnage or less; or

(B)

a vessel under way if the officer reasonably suspects that the vessel is not in transit through Singapore.

(4) A customs officer (not being a senior customs officer) who does any act in purported exercise of any power under this section is presumed, unless the contrary is proved, to have done that act at the general or specific directions of a senior customs officer.

(5) A person who fails to comply with an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.