§ 59 — Security directives

59.—(1) The cross-border railway security agency may, by a security directive, require any of the following persons to carry out, within the time delimited by the security directive, such security measures as the cross‑border railway security agency may specify in the security directive:(a)

any licensee for a cross‑border railway;

(b)

the concessionaire for a cross‑border railway;

(c)

the LTA;

(d)

any person who is not mentioned in paragraph (a), (b) or (c) but who —(i)

operates, maintains or improves, or does any other act (whether or not at a train station) in respect of any railway infrastructure, railway asset, network service or cross‑border train service; or

(ii)

for the purposes of any business carried on or service provided by the person, has access to the train station of a cross‑border railway or to an area or place within such a train station public access to which is restricted.

(2) The cross-border railway security agency may, at any time, vary or rescind a security directive given under subsection (1), and that security directive has effect until it is so varied or rescinded, or rescinded and replaced by another security directive.

(3) If —(a)

a security directive is given to a person in subsection (1);

(b)

the security directive is in force; and

(c)

the person fails to comply or do anything required of the person by the security directive,

that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(4) Subsection (3) does not apply if the person has a reasonable excuse, the burden of proof of which lies with the person.

(5) Despite subsection (1), a security directive need not be in writing in cases of extreme urgency, in order to respond rapidly —(a)

to any specific railway security incident requiring immediate action or additional security measures; or

(b)

to a change in the nature of an existing general threat of an act of unlawful interference, requiring immediate action or additional security measures,

and in such a case, the cross‑border railway security agency may issue a verbal security directive to any person in subsection (1), which must be confirmed in writing as soon as practicable.

(6) In this section, “security measure” includes —(a)

any measure, equipment or procedure to carry out screening or re‑screening and clearing of —(i)

any person boarding a train; or

(ii)

any baggage or other thing to be carried on a cross‑border train;

(b)

passenger check-in and boarding procedures, including procedures for dealing with —(i)

diplomats and other special passengers, their diplomatic bags and baggage;

(ii)

passengers with reduced mobility or a medical condition;

(iii)

passengers in custody and suspicious behaviour in passengers; or

(iv)

anomalies in passenger reconciliation that may arise during check‑in or boarding;

(c)

any security measures or procedures to be used within a train station of a cross‑border railway, including measures —(i)

to control access at the train stations of a cross‑border railway and maintain the integrity of access control systems;

(ii)

to deter and detect unauthorised access by people, aircraft, vehicles or things into an area or place within a train station or railway infrastructure of a cross‑border railway public access to which is restricted;

(iii)

to assess, identify and respond to unknown substances;

(iv)

to investigate, secure, and remove unattended or suspicious vehicles, baggage and other things; and

(v)

to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges;

(d)

any measure to deter unauthorised possession of firearms, weapons and other prohibited items in a train station of a cross‑border railway, any other part of the railway or a cross‑border train, including procedures —(i)

for dealing with surrendered firearms, other weapons and prohibited items; and

(ii)

for handling and movement of firearms and other weapons;

(e)

any measure or procedure for responding to and investigating railway security incidents and threats and breaches of railway security, including measures and procedures by a concessionaire, the LTA, a licensee or the master of a cross‑border train in Singapore —(i)

to hold the train in a particular position or within a particular area until specified actions are taken or until a specified event occurs;

(ii)

to ensure that the train leaves a particular place or a particular area; or

(iii)

to ensure that the train arrives and departs at a particular place or within a particular area;

(f)

any measure or procedure —(i)

for reporting railway security incidents or security breaches, including occurrences that threaten the security of any part of a cross‑border railway or any cross‑border train;

(ii)

for evacuation and emergency management in case of a railway security incident, security threat or breach of security, including a train hijacking, a bomb threat or a failure of critical security equipment; or

(iii)

for responding to any security directive verbally given under subsection (5), including any procedure to communicate the directive within a train station;

(g)

any measure or procedure to undertake reasonable searches of —(i)

any person boarding a cross-border train;

(ii)

any thing carried on or to be carried on a cross‑border train;

(iii)

any cross-border train or class of such train, or any train station or class of stations of a cross‑border railway, or any railway asset used in providing network services or cross‑border train services or class of such railway assets, specified in a security directive; or

(iv)

any unattended item, substance or vehicle in a train station of a cross‑border railway or in a cross‑border train;

(h)

any measure to seize any item or substance specified in a security directive if the person given the security directive (or the person’s agent) has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried in a cross‑border train; and

(i)

any measure by the master of a cross‑border train in Singapore and that has not departed a train station —(i)

to hold the train in a particular position or within a particular area until specified actions are taken or until a specified event occurs;

(ii)

to take particular actions, or ensure that particular actions are taken, on or in relation to the train;

(iii)

to take particular actions, or ensure that particular actions are taken, in relation to a person or thing on, or to be carried by the train; or

(iv)

to allow any police officer or any other person authorised by the cross‑border railway security agency to inspect the train.

—(1) The cross-border railway security agency may, by a security directive, require any of the following persons to carry out, within the time delimited by the security directive, such security measures as the cross‑border railway security agency may specify in the security directive:(a)

any licensee for a cross‑border railway;

(b)

the concessionaire for a cross‑border railway;

(c)

the LTA;

(d)

any person who is not mentioned in paragraph (a), (b) or (c) but who —(i)

operates, maintains or improves, or does any other act (whether or not at a train station) in respect of any railway infrastructure, railway asset, network service or cross‑border train service; or

(ii)

for the purposes of any business carried on or service provided by the person, has access to the train station of a cross‑border railway or to an area or place within such a train station public access to which is restricted.

(2) The cross-border railway security agency may, at any time, vary or rescind a security directive given under subsection (1), and that security directive has effect until it is so varied or rescinded, or rescinded and replaced by another security directive.

(3) If —(a)

a security directive is given to a person in subsection (1);

(b)

the security directive is in force; and

(c)

the person fails to comply or do anything required of the person by the security directive,

that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(4) Subsection (3) does not apply if the person has a reasonable excuse, the burden of proof of which lies with the person.

(5) Despite subsection (1), a security directive need not be in writing in cases of extreme urgency, in order to respond rapidly —(a)

to any specific railway security incident requiring immediate action or additional security measures; or

(b)

to a change in the nature of an existing general threat of an act of unlawful interference, requiring immediate action or additional security measures,

and in such a case, the cross‑border railway security agency may issue a verbal security directive to any person in subsection (1), which must be confirmed in writing as soon as practicable.

(6) In this section, “security measure” includes —(a)

any measure, equipment or procedure to carry out screening or re‑screening and clearing of —(i)

any person boarding a train; or

(ii)

any baggage or other thing to be carried on a cross‑border train;

(b)

passenger check-in and boarding procedures, including procedures for dealing with —(i)

diplomats and other special passengers, their diplomatic bags and baggage;

(ii)

passengers with reduced mobility or a medical condition;

(iii)

passengers in custody and suspicious behaviour in passengers; or

(iv)

anomalies in passenger reconciliation that may arise during check‑in or boarding;

(c)

any security measures or procedures to be used within a train station of a cross‑border railway, including measures —(i)

to control access at the train stations of a cross‑border railway and maintain the integrity of access control systems;

(ii)

to deter and detect unauthorised access by people, aircraft, vehicles or things into an area or place within a train station or railway infrastructure of a cross‑border railway public access to which is restricted;

(iii)

to assess, identify and respond to unknown substances;

(iv)

to investigate, secure, and remove unattended or suspicious vehicles, baggage and other things; and

(v)

to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges;

(d)

any measure to deter unauthorised possession of firearms, weapons and other prohibited items in a train station of a cross‑border railway, any other part of the railway or a cross‑border train, including procedures —(i)

for dealing with surrendered firearms, other weapons and prohibited items; and

(ii)

for handling and movement of firearms and other weapons;

(e)

any measure or procedure for responding to and investigating railway security incidents and threats and breaches of railway security, including measures and procedures by a concessionaire, the LTA, a licensee or the master of a cross‑border train in Singapore —(i)

to hold the train in a particular position or within a particular area until specified actions are taken or until a specified event occurs;

(ii)

to ensure that the train leaves a particular place or a particular area; or

(iii)

to ensure that the train arrives and departs at a particular place or within a particular area;

(f)

any measure or procedure —(i)

for reporting railway security incidents or security breaches, including occurrences that threaten the security of any part of a cross‑border railway or any cross‑border train;

(ii)

for evacuation and emergency management in case of a railway security incident, security threat or breach of security, including a train hijacking, a bomb threat or a failure of critical security equipment; or

(iii)

for responding to any security directive verbally given under subsection (5), including any procedure to communicate the directive within a train station;

(g)

any measure or procedure to undertake reasonable searches of —(i)

any person boarding a cross-border train;

(ii)

any thing carried on or to be carried on a cross‑border train;

(iii)

any cross-border train or class of such train, or any train station or class of stations of a cross‑border railway, or any railway asset used in providing network services or cross‑border train services or class of such railway assets, specified in a security directive; or

(iv)

any unattended item, substance or vehicle in a train station of a cross‑border railway or in a cross‑border train;

(h)

any measure to seize any item or substance specified in a security directive if the person given the security directive (or the person’s agent) has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried in a cross‑border train; and

(i)

any measure by the master of a cross‑border train in Singapore and that has not departed a train station —(i)

to hold the train in a particular position or within a particular area until specified actions are taken or until a specified event occurs;

(ii)

to take particular actions, or ensure that particular actions are taken, on or in relation to the train;

(iii)

to take particular actions, or ensure that particular actions are taken, in relation to a person or thing on, or to be carried by the train; or

(iv)

to allow any police officer or any other person authorised by the cross‑border railway security agency to inspect the train.