Interpretation of this Part
Open ↗30.—(1) In this Part, unless the context otherwise requires —“premises” includes —(a)
any building or structure, whether permanent or temporary;
(b)
any land, whether built on or not;
(c)
any place, whether open or enclosed, including any place situated underground or underwater;
(d)
any vehicle, vessel, train or aircraft; and
(e)
any part of any premises referred to in paragraphs (a) to (d);
“tourist guide” has the meaning given by section 20;
“tourist guides regulations” means any regulations made under section 45 relating to tourist guides.[7/2014]
(2) A reference in this Part to —(a)
any provision of Part 3A includes a reference to any provision of any tourist guides regulations; and
(b)
any offence under Part 3A includes a reference to any offence under any tourist guides regulations.[19K
[7/2014]
Power to enter, inspect and search, etc.: Part 3A
Open ↗31.—(1) An inspecting officer has power to do all or any of the following:(a)
enter and inspect, at any reasonable time, any premises if the inspecting officer has reasonable grounds to believe that any individual is acting as a tourist guide therein;
(b)
enter and search, at any reasonable time, any premises if the inspecting officer has reasonable grounds to believe that any individual is committing or has committed therein the offence under section 21(3) of acting as a tourist guide without a valid licence, and take possession or make copies of any thing found therein which the inspecting officer reasonably believes to be connected to the commission of the offence;
(c)
subject to subsections (3) and (4), search any individual found within any premises mentioned in paragraph (b) whom the inspecting officer reasonably believes to have committed an offence under Part 3A, and take possession or make copies of any thing found on that individual which the inspecting officer reasonably believes to be connected to the commission of the offence;
(d)
take such photographs, or audio or video recordings, as the inspecting officer thinks necessary of any premises mentioned in paragraph (a) or (b) (including anything therein), or of any individual whom the inspecting officer reasonably believes to be acquainted with the facts or circumstances of any alleged or suspected contravention of any provision of Part 3A.[7/2014]
(2) The owner, occupier or operator of any premises mentioned in subsection (1)(a) or (b) must provide to an inspecting officer such assistance, cooperation or means required by the inspecting officer as is necessary for his or her entry into, and inspection or search of, the premises under subsection (1)(a) or (b).[7/2014]
(3) A woman must not be searched under subsection (1)(c) except by another woman with strict regard to decency.[7/2014]
(4) The power to take possession of any thing found on a person searched under subsection (1)(c) does not include necessary wearing apparel found on him or her.[7/2014]
(5) Any thing taken possession of by an inspecting officer under subsection (1)(b) or (c) or under section 33(6) —(a)
must be placed in safe custody by the inspecting officer; and
(b)
unless ordered otherwise by a court, may be retained by the inspecting officer until the completion of any proceedings (including proceedings on appeal) in which it may be evidence.[7/2014]
(6) An inspecting officer may detain a person mentioned in subsection (1)(c) until the person and the premises in which the person is found have been searched.[19L
[7/2014]
[Act 28 of 2022 wef 01/04/2023]
Power to require evidence as to identity, etc., and power to arrest
Open ↗32.—(1) An inspecting officer may require any person whom the inspecting officer reasonably believes to have committed an offence under Part 3A to provide any evidence establishing, to the satisfaction of the inspecting officer, the person’s identity, nationality or residential address.[7/2014]
(2) An inspecting officer may arrest without warrant any person who is required to provide any evidence under subsection (1) if —(a)
the person fails to provide such evidence; or
(b)
the inspecting officer has reason to believe that any evidence provided by the person is false.[7/2014]
(3) In making the arrest, the inspecting officer —(a)
must touch or confine the body of the person to be arrested unless he or she submits to arrest by word or action; and
(b)
may use all reasonable means necessary to make the arrest if the person to be arrested forcibly resists or tries to evade arrest,
and the person arrested must not be restrained more than is necessary to prevent his or her escape.
[7/2014]
(4) Any person arrested under subsection (2) must be brought to a police station as soon as reasonably practicable and may, if required by a police officer of or above the rank of sergeant, be released upon signing a bond, with or without surety, to appear before a Magistrate.[7/2014]
(5) If the person refuses or is unable to sign the bond as required, he or she must, within 24 hours of the arrest (excluding the time necessary for the journey to a Magistrate’s Court), be brought before a Magistrate’s Court.[7/2014]
(6) The person who is brought before a Magistrate’s Court under subsection (5) may —(a)
be ordered to be detained in custody until he or she can be tried; or
(b)
if so required by the Magistrate, be released upon signing a bond, with or without surety, to appear before a Magistrate’s Court.[19M
[7/2014]
Powers to enter and inspect, and conduct surveys, etc.: Part 3AA
Open ↗32A.—(1) The Controller or an inspecting officer may, for the purpose of administering, enforcing or monitoring compliance with Part 3AA or regulations made for the purposes of that Part, enter any cruise terminal at any reasonable time to do one or more of the following:(a)
inspect the cruise terminal, and examine any thing or any activity conducted in or at the cruise terminal;
(b)
without affecting section 32B, 33 or 35A —(i)
examine and require the production of any books, documents, electronic records, or other records of any person relating to the business of providing any cruise port services and facilities at the cruise terminal; and
(ii)
make copies or records of, or take possession of, any information contained in any book, document, electronic record or other record mentioned in sub-paragraph (i);
(c)
take photographs or audio or video recordings of the cruise terminal and any thing or any activity conducted in or at the cruise terminal.
(2) The Controller or an inspecting officer may, under a warrant of a Magistrate’s Court or District Court, seize any thing found in or at any cruise terminal which the Controller or inspecting officer reasonably suspects is evidential material relevant to an offence under Part 3AA or regulations made for the purposes of that Part.
(3) The Controller may authorise any person to enter a cruise terminal at any reasonable time to do one or more of the following, for one or more purposes in subsection (4):(a)
take photographs or audio or video recordings of the cruise terminal;
(b)
conduct surveys for the Controller.
(4) The following are the purposes for subsection (3):(a)
to ascertain the level of operational efficiency at the cruise terminal;
(b)
to ascertain the satisfaction level of any person at the cruise terminal with the services and facilities provided there;
(c)
to obtain information from cruise ship passengers and crew in connection with Singapore as their travel or tourist destination.[Act 28 of 2022 wef 01/04/2023]
Power to obtain information: Parts 3A and 3AA
Open ↗32B.—(1) Without affecting section 32A, 33 or 35A, the Board, the Controller or an inspecting officer may, by written notice require a licensee in Part 3A or a cruise terminal licensee in Part 3AA (each called in this section the specified licensee) to provide, within a reasonable period specified in the notice, and in the form and manner that may be specified in the notice, all information and documents which —(a)
relate to any matter which the Board, the Controller or the inspecting officer considers necessary for the purpose of administering, enforcing or monitoring compliance with Part 3A or 3AA or regulations made for the purposes of Part 3A or 3AA, as the case may be; and
(b)
are —(i)
within the knowledge of the specified licensee; or
(ii)
in the custody or under the control of the specified licensee.
(2) The power to require a specified licensee to provide any information or document under subsection (1) includes the power —(a)
to require the specified licensee to provide an explanation of the information or document;
(b)
if the information or document is not provided, to require the specified licensee to state, to the best of the knowledge and belief of the specified licensee, where it is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the Board, the Controller or an inspecting officer in legible form.
(3) The Board is entitled without payment to keep any information or document, or any copy or extract thereof, provided to the Board, the Controller or an inspecting officer under subsection (1).[Act 28 of 2022 wef 01/04/2023]
Power to examine, secure attendance, etc.
Open ↗33.—(1) For the purposes of investigating any offence under this Act or any regulations made under this Act, an inspecting officer may do all or any of the following:(a)
examine orally any person who appears to be acquainted with any of the facts or circumstances of the case —(i)
whether before or after that person or anyone else is charged with an offence in connection with the case; and
(ii)
whether or not the person is to be called as a witness in any inquiry, trial or other proceeding in connection with the case;
(b)
issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances of the case, to attend before the inspecting officer, and that person must comply with the written notice;
(c)
require any person, whom the inspecting officer has reason to believe has any document or article in his or her possession, custody or control relevant to the investigation, to produce that document or article.[7/2014]
(2) Any person examined under this section is bound to state truly what he or she knows of the facts and circumstances of the case, except that he or she need not say anything that might expose him or her to a criminal charge, penalty or forfeiture.[7/2014]
(3) A statement made by any person examined under this section must —(a)
be reduced to writing;
(b)
be read over to him or her;
(c)
if he or she does not understand English, be interpreted in a language that he or she understands; and
(d)
after correction (if necessary), be signed by him or her.[7/2014]
(4) If any person fails to comply with a written notice issued to him or her by an inspecting officer under subsection (1)(b), the inspecting officer may report the failure to a Magistrate who may then, in his or her discretion, issue a warrant ordering the person to comply with the written notice.[7/2014]
(5) A person must not, without reasonable excuse, refuse to comply with any requirement made of him or her under subsection (1)(c) by an inspecting officer.[7/2014]
(6) Subject to section 31(5), an inspecting officer may take possession or make copies of any document or article produced to him or her under subsection (1)(c) for further investigation.[19N
[7/2014]
Notice to attend court
Open ↗34.—(1) Where an inspecting officer has reasonable grounds to believe that a person has committed an offence under this Act or any regulations made under this Act, he or she may, in lieu of applying to a court for a summons under the Criminal Procedure Code 2010, immediately serve upon that person a prescribed notice, requiring that person to attend at the court described, at the time and on the date specified, in the notice.[7/2014]
(2) A duplicate of the notice must be prepared by the inspecting officer and, if so required by the court, produced to the court.[7/2014]
(3) The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116 of the Criminal Procedure Code 2010.[7/2014]
(4) Upon an accused person appearing before a court pursuant to the notice, the court is to take cognizance of the alleged offence and is to proceed as though he or she were produced before the court pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010.[7/2014]
(5) If a person upon whom a notice has been served under subsection (1) fails to appear before a court in person or by counsel in accordance therewith, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless, in the case of an offence which may be compounded, that person has before that date been permitted to compound the offence.[7/2014]
(6) Upon a person arrested pursuant to a warrant issued under subsection (5) being produced before a court, the court is to proceed as though the person were produced before it pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010.[Act 31 of 2022 wef 01/11/2022]
(7) An officer of the Board authorised in that behalf by the Board may, at any time before the date specified in the notice under subsection (1), cancel the notice.[19O
[7/2014]
(8) This section applies only to offences under Part 3A.[Act 28 of 2022 wef 01/04/2023]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
