Security for request to seize or continue detention
349.—(1) A person who makes a request to seize or a request to continue detention must —(a)
deposit with the Director‑General a sum of money that, in the Director‑General’s opinion, is enough for the purposes in subsection (2); or
(b)
give security, in a form and for an amount satisfactory to the Director‑General, for the purposes in subsection (2).
(2) The purposes are to —(a)
reimburse the Government for any liability or reasonable expense that the Government is likely to incur in relation to the seizure, storage and disposal of the goods in question; and
(b)
pay any compensation ordered by the Court under section 344 or 347.
Direction for secure storage
350. The Director‑General may direct any of the following persons to take seized goods to a place that the Director‑General considers to be secure:(a)
the person in possession, custody or control of those goods immediately before they were seized;
(b)
the person who made the request to seize or the request to continue detention.
Inspecting, or removing sample of, seized goods
351.—(1) In this section, “relevant person” means —(a)
in relation to goods seized under Subdivision (2) — the person who made the request to seize; and
(b)
in relation to goods seized under Subdivision (3) — a person who may make a request to continue detention in respect of those goods (whether or not a request is made).
(2) The Director‑General may permit the dealer or a relevant person to —(a)
inspect the seized goods; or
(b)
subject to subsection (3), remove a sample of the seized goods for inspection.
(3) Before a person removes a sample of the seized goods for inspection, the person must give a written undertaking to the Director‑General that the person will —(a)
return the sample to the Director‑General at a specified time; and
(b)
take reasonable care to prevent damage to the sample.
(4) If the Director‑General permits a relevant person to inspect or remove a sample from the seized goods under this section, the Director‑General is not liable to the dealer for any loss and damage suffered by the dealer because of —(a)
any damage caused to any of the seized goods during the inspection; or
(b)
anything done by the relevant person or any other person to, or in relation to, the sample (including any use made of the sample).
Power of customs officer, etc., to require information after seizure
352.—(1) This section applies where —(a)
goods are seized under Subdivision (2); or
(b)
goods are seized under Subdivision (3) (whether or not a request to continue detention is made in respect of those goods).
(2) A customs officer may, at any time after the seizure, require a person to provide any information or document at a time and place specified by the officer if —(a)
the officer considers that the information or document —(i)
would enable the Director‑General to satisfy a request for information under section 353 (whether or not a request has been made);
(ii)
would enable any action to be taken under Subdivision (2) or (3) in respect of future shipments of goods; or
(iii)
is relevant for any statistical or research purpose; and
(b)
the officer has reasonable cause to believe that the person has the information or document.
(3) A person commits an offence if —(a)
the person, without reasonable excuse, fails to comply with a requirement under subsection (2); or
(b)
in response to a requirement under subsection (2), knowingly or recklessly provides any information or document that is false or misleading in a material particular.
(4) A person who commits an offence under subsection (3) shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.
(5) A person is not excused from providing any information or document pursuant to a requirement under subsection (2) just because the information or document might tend to incriminate the person.
(6) Any information or document provided by a person (X) pursuant to a requirement under subsection (2) is not admissible in any criminal proceedings against X, but only if —(a)
X claims, before providing the information or document, that the information or document might tend to incriminate X; and
(b)
the proceedings are not for an offence under subsection (3).
(7) Any information or document provided in response to a requirement under subsection (2) must not be published, or communicated or disclosed to any person, unless the publication, communication or disclosure is necessary for any purpose in subsection (2)(a)(i), (ii) and (iii).
(8) A person who contravenes subsection (7) 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.
Requestor may ask for identity, etc., of person connected with seized goods
353.—(1) This section applies where —(a)
goods are seized under Subdivision (2); or
(b)
goods are seized under Subdivision (3), and a request to continue detention is made in respect of those goods.
(2) The person who made the request to seize or the request to continue detention may apply to the Director‑General for the name and contact details of any person connected with the import or proposed export of the seized goods.
(3) The Director‑General may provide the requested name and contact details if the Director‑General is satisfied that the applicant needs the information to bring an infringement action.
(4) Subsection (3) applies despite any duty of confidentiality imposed by the common law that the Director‑General (or his or her delegate) is subject to.
Notice of release
354.—(1) This section applies in any case where the Director‑General is required by any provision of this Division to release seized goods to the dealer.
(2) The Director‑General must —(a)
give prior written notice of the release to the dealer; and
(b)
specify in the notice the period within which the dealer must take custody of the seized goods.
(3) If the dealer fails to take custody of the seized goods within the specified period, the seized goods may be disposed of —(a)
in any prescribed manner; or
(b)
if no manner of disposal is prescribed, as the Director‑General directs.
Forfeiture by consent
355.—(1) A dealer may consent to forfeiting seized goods to the Government by giving written notice to the Director‑General.
(2) The notice must —(a)
be given before —(i)
any infringement action is brought in relation to the seized goods; and
(ii)
any written notice under section 356 consenting to the release of the seized goods to the dealer; and
(b)
be accompanied by the prescribed written undertakings.
(3) If subsections (1) and (2) are satisfied, the seized goods are forfeited to the Government and must be disposed of —(a)
in any prescribed manner; or
(b)
if no manner of disposal is prescribed, as the Director‑General directs.
Release by consent
356.—(1) A person who made a request to seize or a request to continue detention may consent to releasing the seized goods to the dealer by giving written notice to the Director‑General.
(2) The Director‑General must release the seized goods to the dealer unless —(a)
the Government or any public body is required or permitted by any law to retain control of the seized goods; or
(b)
the Court orders otherwise under section 345.
Release for non‑compliance with directions, etc.
357.—(1) The Director‑General or a customs officer may refuse to seize goods and may release any seized goods if any direction of the Director‑General, or any prescribed requirement, is not complied with.
(2) Subsection (1) does not require the Director‑General to release any seized goods if the Government or any public body is required or permitted under any law to retain control of the goods.
Unsecured expenses of Director‑General
358.—(1) This section applies where —(a)
the Director‑General incurs reasonable expenses in taking any action under this Division in relation to seized goods (including taking any action in accordance with a court order); and
(b)
the expenses exceed the sum deposited, or the security given, under section 349 by the person or persons who made the request to seize or the request to continue detention in respect of the seized goods.
(2) The excess is a debt due —(a)
to the Government; and
(b)
by that person, or by those persons jointly and severally.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
