Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Preliminary provision
13.—(1) In this Part, “premises” means any land, place or building, whether open or enclosed, and whether built on or not, and includes any free trade zone within the meaning of the Free Trade Zones Act 1966. (2) To avoid doubt, the provisions of this Part have effect despite the provisions of the Free Trade Zones Act 1966.
Search warrant
14.—(1) If a Magistrate is satisfied, on information given upon oath, that there is reasonable cause to believe that there is in any premises any article or document which is evidence that an offence under section 5, 6 or 9 has been, is being or is about to be committed, the Magistrate may issue a warrant in writing authorising an authorised officer or a senior authorised officer to enter the premises, at any time within one month from the time of the issue of the warrant, to search them. (2) An authorised officer or a senior authorised officer who enters the premises under the authority of the warrant may —(a) take with him or her any other person and any equipment that appear to him or her to be necessary; (b) rummage and search all parts of the premises for any such article or document; (c) inspect any document which he or she has reasonable cause to believe is such document, and make copies of, or seize and remove, such document; (d) inspect, seize and remove any article found on the premises which he or she has reasonable cause to believe to be such article; and (e) search or cause to be searched any person found on the premises whom he or she has reasonable cause to believe to be in possession of any such article or document. (3) No woman or girl may be searched except by a woman.
When search may be made without warrant
15. If a senior authorised officer has reasonable cause to believe that —(a) there is in any premises any article or document which is evidence that an offence under section 5 or 6 has been, is being or is about to be committed; and (b) the article or document is likely to be removed by reason of a delay in obtaining a search warrant under section 14, he or she may exercise all the powers mentioned in section 14 as if he or she were authorised to do so by a warrant issued under that section.
Power to search conveyance
16.—(1) A senior authorised officer, or an authorised officer acting in accordance with the general or special directions of a senior authorised officer, may board any conveyance in Singapore and may rummage and search all parts of the conveyance for any article or document in respect of which an offence under section 5 or 6 has been, is being or is about to be committed. (2) For the more effective exercise of the powers under subsection (1), the authorised officer or senior authorised officer may —(a) require the master of any vessel or the captain of any aircraft to give such information relating to the vessel or aircraft, cargo, stores, crew, passengers or voyage as the authorised officer or senior authorised officer may consider necessary; (b) by direction to the master of any vessel or the pilot of any aircraft, require the vessel or aircraft (as the case may be) not to proceed until so authorised; (c) require any document which ought to be on board any vessel or aircraft to be brought to him or her for inspection and, if he or she has reasonable cause to believe that the document is evidence of the commission of an offence under section 5 or 6, to make copies of, or seize and remove, the document; and (d) require 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 premises prescribed by the Minister as an examinations station for the purposes of this section. (3) The authorised officer or senior authorised officer may seize and remove any article or document in respect of which he or she has reasonable cause for believing that an offence under section 5 or 6 has been, is being or is about to be committed.
Duties of authorised officer, etc., upon seizure
17.—(1) Whenever any article or document is seized and removed under section 14, 15 or 16, the authorised officer or senior authorised officer (as the case may be) must give written notice of the seizure and removal and the grounds thereof to the owner of the article or document (if known) either by delivering the notice to him or her personally or by post at his or her business or residential address, if known. (2) The notice need not be given if the seizure is made on the person or in the presence of the offender or the owner or the owner’s agent.
Access to computer information
18.—(1) In connection with the exercise of his or her powers under section 14, 15 or 16, an authorised officer or a senior authorised officer —(a) is entitled at any time to have access to, and inspect and check the operation of, any computer and any associated device, apparatus or material which is or has been in use in connection with any document to which section 14, 15 or 16 applies; and (b) may require —(i) the person by whom or on whose behalf the computer is or has been so used; or (ii) any person having charge of, or otherwise concerned with the operation of, the computer, device, apparatus or material, to provide the authorised officer or senior authorised officer with any reasonable assistance that he or she may require for the purposes of paragraph (a). (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Use of force
19. If, for the purposes of the exercise of any power under section 14, 15 or 16, force is required to enter any premises or board any conveyance (whether by breaking down a door or otherwise) or gain access to anything on or in the premises or conveyance, the authorised officer or senior authorised officer may use such force as is reasonable in the circumstances.
Obstruction of authorised officer or senior authorised officer
20. Any person who, without lawful excuse —(a) refuses an authorised officer or a senior authorised officer, or a person acting in his or her assistance, access to any conveyance or premises to which the officer is entitled under this Part; (b) obstructs or hinders an authorised officer or a senior authorised officer, or a person acting in his or her assistance, in the execution of any power conferred upon that officer by this Part; or (c) refuses to provide reasonable assistance to an authorised officer or a senior authorised officer, or a person acting in his or her assistance, in the execution of any power conferred upon that officer by this Part, when required to do so by that officer or person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Power of arrest
21.—(1) An authorised officer or a senior authorised officer may —(a) arrest without warrant any person whom he or she has reason to believe to be committing or to have committed an offence under section 5 or 6; and (b) search the person arrested and seize anything which he or she reasonably considers to be evidence of the commission of the offence. (2) No woman or girl may be searched except by a woman. (3) Where the authorised officer or senior authorised officer makes an arrest without warrant, he or she must, without unnecessary delay, produce the person arrested before a Magistrate. (4) The authorised officer or senior authorised officer must not detain in custody a person arrested without a warrant for a longer period than is reasonable under the circumstances of the case. (5) Such period must not exceed 48 hours, excluding the time for any necessary journey to the Magistrate’s Court.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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