Arms and Explosives Act

(CHAPTER 13)

(Original Enactment: Ordinance 9 of 1913)

REVISED EDITION 1985

(30th March 1987)

An Act to regulate the manufacture, use, sale, storage, transport, importation, exportation and possession of arms and explosives.

[12th December 1913]

Short title

1. This Act may be cited as the Arms and Explosives Act.

Interpretation

2.—(1) In this Act —

“arms” includes firearms, air-guns, air-pistols, automatic guns, automatic pistols, and guns or any other kind of gun from which any shot, bullet or other missile can be discharged or noxious fumes or noxious substance can be emitted and any component part of any such arms, and bayonets, swords, daggers, spears and spearheads;

“authorised military device” means any explosive manufactured solely for lawful military or police purposes, including but not limited to a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade or perforater;

[30/2002 wef 21/03/2003]

“authorised military or police personnel” means —

(a)	any member of the Singapore Armed Forces;
(b)	any member of the Singapore Police Force; or
(c)	any person who performs military functions for the Ministry of Defence or the Singapore Armed Forces; [30/2002 wef 21/03/2003]

“authorised person” means —

(a)	the Commercial and Industrial Security Corporation; or
(b)	any other auxiliary police force established under any written law and which is authorised by the Licensing Officer to accept the deposit of guns, arms or explosives under section 15(1); [30/2002 wef 21/03/2003]

“carriage” includes any carriage, wagon, cart, truck or other vehicle used for the conveyance of goods or passengers by land, in whatever manner the same is propelled or moved;

“Commercial and Industrial Security Corporation” means the Commercial and Industrial Security Corporation established under the Commercial and Industrial Security Corporation Act (Cap. 47);

[30/2002 wef 21/03/2003]

“deal in”, with its grammatical variations and cognate expressions, includes repair, sell, keep or expose for sale;

“detection agent” means any of the substances set out in the Schedule and which —

(a)	is intended to be used to enhance the detectability of explosives by vapour detection means;
(b)	is introduced into a plastic explosive during its manufacture in such a manner as to achieve homogeneous distribution in the finished product; and
(c)	is present in the plastic explosive in such concentration no less than that specified in the fourth column of the Schedule; [30/2002 wef 21/03/2003]

“explosive” —

(a)	means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those abovementioned or not, used or manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect;
(b)	includes fog signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges and ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined; and
(c)	includes sand crackers, and any substance declared to be deemed an explosive by notification under section 5(1)(a);

“gun” includes howitzers, mortars, quick-firing and machine-guns, and other guns of a similar nature;

“high explosives” includes but is not limited to cyclotetramethylenetetranitramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylenetrinitramine (RDX);

[30/2002 wef 21/03/2003]

“licensed dealer” means a person licensed under this Act to manufacture or deal in arms or guns;

“Licensing Officer” means the person appointed by the Minister under section 9 and includes an Assistant Licensing Officer;

[30/2002 wef 21/03/2003]

“manufacture” includes the preparation of any component parts of an explosive, the admixture or other treatment of the same, the breaking up or unmaking of any explosive, and the process of remaking or making fit for use any damaged explosive, and the process of remaking, altering or repairing any explosive;

“master” includes every person having command or charge of a vessel other than a pilot of a vessel;

“plastic explosive” means any explosive which —

(a)	is formulated with one or more high explosives which in their pure form have vapour pressure of less than 10-4 Pa at a temperature of 25°C;
(b)	is formulated with a binder material; and
(c)	is, when mixed, malleable or flexible at normal room temperature; [30/2002 wef 21/03/2003]

“pilot-in-command” means the pilot designated by the operator or the owner of an aircraft as being in command and charged with the safe conduct of a flight;

[30/2002 wef 21/03/2003]

“Port Master” has the same meaning as in the Maritime and Port Authority of Singapore Act 1996;

[Act 7/96 wef 02/02/1996 vide S 42/96]

“railway administration” means any person or body of persons responsible for the regulation of traffic on any railway;

“unmarked plastic explosive” means any plastic explosive that does not contain a detection agent;

[30/2002 wef 21/03/2003]

“vessel” includes any steam or sailing ship, junk, boat, sampan or any kind of craft used for the conveyance of persons or things by water.

(2) A person shall be deemed to export an article from Singapore to a particular country, territory or place if he takes or sends the article out of Singapore with the intention that it shall ultimately reach that country, territory or place, either directly or indirectly.

(3) A person shall be deemed to have imported an article into Singapore who, whether as owner, consignee, agent or broker, is in possession of or in any way entitled to the custody or control of the article.

Exemptions from operation of this Act

3.—(1) Subject to subsection (3), nothing in this Act shall apply to —

(a)

the manufacture, possession, use, storage, sale, transport, importation or exportation, in accordance with the provisions of any rules made under this Act, of any explosive by order of the Government;

(b)

the manufacture, dealing in, possession, importation or exportation, in accordance with the provisions of any rules made under this Act, of any article by order of the Government;

(c)

any of the following persons or their equipment while in the course of their duty or employment:

(i)	members of the Singapore Armed Forces and of any visiting forces lawfully present in Singapore;
(ii)	members of any naval, military or air volunteer forces established under any written law;
(iii)	members of any additional forces established under any written law providing for compulsory service in the defence of Singapore;
(iv)	members of the Singapore Police Force or any other police force on duty in Singapore;
(v)	members of the Special Constabulary, additional constables and peace officers;
(vi)	dog-shooters employed by the Government;

(d)

any vessel belonging to or in the service of the Government or of any foreign government;

(e)

any hulk or magazine for the storage or deposit of explosives of the Government or the government of any Commonwealth country;

(f)

such articles as form part of the ordinary armament of any vessel or as are required for the service of any vessel or the personal use of the crew or the passengers thereof;

(g)

the importation, exportation and possession, in accordance with such conditions as may be prescribed in rules made under this Act, of such arms and ammunition, forming part of the equipment of aircraft or carried therein for the personal use of passengers or crew, as may be permitted by such rules; or

(h)

the possession in the course of his duty of arms and explosives by any person employed by the Government, such possession being specially authorised by the head of his department.

(2) In any proceedings under this Act, proof of these facts shall rest with the person alleging them.

(3) Sections 3A to 3D and any rules made under section 3D shall also apply to —

(a)	the Government;
(b)	any other person referred to in subsection (1);
(c)	the articles referred to in subsection (1)(f); and
(d)	the arms and ammunition referred to in subsection (1)(g). [30/2002 wef 21/03/2003]

Prohibition on manufacture of unmarked plastic explosives

3A.—(1) No person shall manufacture any unmarked plastic explosive unless such unmarked plastic explosive is manufactured in a quantity no greater than that necessary for the purpose of and is solely for use in —

(a)	any research, development or testing of new or modified explosives;
(b)	any training in explosives detection, or in any development or testing of explosives detection equipment; or
(c)	any forensic science activity,

carried out under a licence issued by the Licensing Officer.

(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 and to imprisonment for a term not exceeding 3 years.

[30/2002 wef 21/03/2003]

Prohibition on possession and transfer of possession of unmarked plastic explosives

3B.—(1) Subject to subsection (2), no person shall possess or transfer possession of any unmarked plastic explosive unless such unmarked plastic explosive —

(a)

is possessed or transferred to another person in a quantity no greater than that necessary for the purpose of and is solely for use in —

(i)	any research, development or testing of new or modified explosives;
(ii)	any training in explosives detection, or in any development or testing of explosives detection equipment; or
(iii)	any forensic science activity,

carried out under a licence issued by the Licensing Officer; or

(b)

has been incorporated as an integral part of an authorised military device and is possessed or transferred in the course of his duty by an authorised military or police personnel or a member of a visiting force lawfully present in Singapore.

(2) Subsection (1) shall not, for the relevant period, apply to any unmarked plastic explosive which is manufactured in or imported into Singapore before the appointed day and which is possessed or transferred during the relevant period by —

(a)	an authorised military or police personnel in the course of his duty; or
(b)	any other person authorised by the Minister and in accordance with this Act and any rules made thereunder.

(3) 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 and to imprisonment for a term not exceeding 3 years.

(4) In this section and section 3C —

“appointed day” means the date of commencement of section 4 of the Arms and Explosives (Amendment) Act 2002;

“relevant period” means —

(a)	a period of 15 years from the appointed day in the case of an authorised military or police personnel; or
(b)	a period of 3 years from the appointed day in the case of any other person authorised under subsection (2)(b). [30/2002 wef 21/03/2003]

Prohibition on importation and exportation of unmarked plastic explosives

3C.—(1) Subject to subsection (2), no person shall import or export any unmarked plastic explosive unless such unmarked plastic explosive —

(a)

is imported or exported in a quantity no greater than that necessary for the purpose of and is solely for use in —

(i)	any research, development or testing of new or modified explosives;
(ii)	any training in explosives detection, or in any development or testing of explosives detection equipment; or
(iii)	any forensic science activity,

carried out under a licence issued by the Licensing Officer; or

(b)

has been incorporated as an integral part of an authorised military device and is imported or exported in the course of his duty by an authorised military or police personnel or a member of a visiting force lawfully present in Singapore.

(2) Subsection (1) shall not, for the relevant period, apply to the import or export by an authorised military or police personnel in the course of his duty of any unmarked plastic explosive which has been manufactured in or imported into Singapore before the appointed day.

(3) 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 and to imprisonment for a term not exceeding 3 years.

[30/2002 wef 21/03/2003]

Rules for purposes of sections 3A, 3B and 3C

3D.—(1) The Minister may make rules for carrying out the purposes of sections 3A, 3B and 3C.

(2) Without prejudice to the generality of subsection (1), such rules may provide for the application of any rules or any provision of any rules made under section 40(1) to any unmarked plastic explosives, subject to such modifications as may be specified in the rules made under subsection (1).

[30/2002 wef 21/03/2003]

Minister may prohibit exportation by notification

4.—(1) The Minister may, by notification published in the Gazette, prohibit for a period in the notification to be mentioned the exportation from Singapore, either absolutely, or to any country, territory or place outside Singapore, or may permit exportation or removal subject to such conditions, limitations or restrictions as he considers necessary in the notification to be specified, or the removal from place to place in Singapore, of all or any of the following articles:

(a)	arms, guns, explosives or any specified class of explosives, aircraft, armoured cars, tanks, naval, military or air force stores or any war material whatsoever including any poisonous or noxious gas or noxious substance;
(b)	articles which, in the opinion of the Minister, are capable of being converted into or of being made useful for manufacturing any of the said articles;
(c)	provisions or any sort of victuals which may be used as food for man.

(2) Any person who exports or removes, or attempts to export or remove, any article in contravention of any notification issued under this section or in breach of the restrictions and conditions subject to or upon which any licence is issued shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Extension of definition of explosive and prohibition as to explosives by notification

5.—(1) The Minister may, by notification in the Gazette —

(a)	declare that any substance which appears to the Minister to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof rendering it liable to explosion, shall be deemed to be an explosive within the meaning of this Act, subject to such exceptions, limitations and restrictions as are specified in the notification;
(b)	prohibit, either absolutely or subject to conditions, the manufacture, possession or importation of any explosive which is of so dangerous a character that, in the opinion of the Minister, it is expedient for the public safety to issue such notification; and
(c)	prohibit, either absolutely or subject to conditions, the importation, manufacture or possession of sand crackers or any squib or cracker which contains an explosive ingredient or mixture other than black gunpowder (that is to say, sulphur, charcoal and saltpetre) and any squib or cracker containing more than one-fifth of an ounce by weight of such black gunpowder.

(2) Any person who manufactures, possesses or imports an explosive in contravention of a notification issued under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000.

Power to prohibit poisonous or noxious gas or noxious substance

6.—(1) The Minister may, by notification in the Gazette, prohibit either absolutely or subject to conditions the manufacture, possession or importation of any poisonous or noxious gas or noxious substance.

(2) Any person who commits any act in contravention of a notification issued under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Penalty for unauthorised exportation or removal

7.—(1) If any vessel or aircraft is used for the exportation or removal of any article in contravention of any notification issued under section 4, or for the importation of any explosive or poisonous or noxious gas or noxious substance in contravention of any notification issued under section 5 or 6, the master or pilot-in-command and the owner thereof shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, unless it is proved to the satisfaction of the court that the master or pilot-in-command or owner was not implicated in the placing or keeping of the article or explosive or poisonous or noxious gas or noxious substance on board the vessel or aircraft and that the offence in question was committed without his knowledge, consent or connivance, and the vessel or aircraft may be detained by order of the court until security has been given for such sum as the court orders not exceeding $20,000.

(2) Except as provided by section 3(1)(f), the finding on board any vessel or aircraft of any article the exportation or removal of which is in contravention of any notification issued under section 4 or of any explosive or poisonous or noxious gas or noxious substance the importation of which is in contravention of any notification issued under section 5 or 6 shall be prima facie evidence that the vessel or aircraft has been used for the exportation, removal or importation of the same contrary to this Act.

Licences

Licences required in respect of guns, arms and explosives

8.—(1) No person shall, unless authorised thereto by licence, and in accordance with the conditions of the licence and such other conditions as may be prescribed —

(a)	have in his possession or under his control any gun, arms, explosives, poisonous or noxious gas or noxious substance;
(b)	import any gun, arms, explosives, poisonous or noxious gas or noxious substance;
(c)	export any gun, arms, explosives, naval or military stores, poisonous or noxious gas or noxious substance; or
(d)	manufacture or deal in guns, arms, explosives, poisonous or noxious gas or noxious substance. [30/2002 wef 21/03/2003]

(2) Any person who, in contravention of this section —

(a)	imports any gun, arms, explosives, poisonous or noxious gas or noxious substance;
(b)	exports any gun, arms, explosives, naval or military stores, poisonous or noxious gas or noxious substance; or
(c)	manufactures or deals in guns, arms, explosives, poisonous or noxious gas or noxious substance,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and to imprisonment for a term not exceeding 3 years.

[30/2002 wef 21/03/2003]

(3) Any person who, in contravention of this section, has in his possession or under his control any gun shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 for every such gun and to imprisonment for a term which may extend to 3 years.

(4) Any person who, in contravention of this section, has in his possession or under his control any arms, explosives, poisonous or noxious gas or noxious substance shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to imprisonment for a term which may extend to 3 years, and if, upon the conviction of any person of an offence under this subsection, it is proved to the satisfaction of the court before which the conviction is had that the offender had possession or control of the arms, explosives, poisonous or noxious gas or noxious substance for the purpose of committing an offence punishable under the Penal Code [Cap. 224], the offender shall, in addition to the imprisonment prescribed by this subsection, be liable to caning.

(5) Subsection (1)(a) shall not apply to any bayonet, sword, dagger, spear or spearhead in any dwelling-house kept therein as a curio or for ornamental purposes.

[30/2002 wef 21/03/2003]

Appointment of Licensing Officer

9.—(1) The Minister may, by notification in the Gazette, appoint a Licensing Officer and such number of Assistant Licensing Officers as he considers necessary for the purposes of this Act or any rules made thereunder.

(2) The Licensing Officer may issue licences under this Act to any approved person on payment of the prescribed fee and any other prescribed charges.

[30/2002 wef 21/03/2003]

Conditions of licences

10. Every licence issued under this Act or any rules made thereunder shall be deemed to be issued and held subject, in addition to any others which are prescribed, to the following conditions:

(a)	it shall expire after such period as is prescribed;
(b)	it shall be liable to suspension or cancellation, without any reason being given therefor, at any time by the Licensing Officer; and
(c)	it shall not be transferable save as in this Act provided.

Appeal

11. Any person dissatisfied with any refusal, suspension or cancellation of a licence may within 14 days appeal in writing to the Minister whose decision shall be final and conclusive.

No purchase of guns or arms from licensed dealer without licence

12.—(1) No person shall take delivery of any guns or arms from a licensed dealer without a licence authorising the purchase thereof, nor beyond the extent permitted thereby.

(2) No licensed dealer shall deliver to any person any guns or arms except upon delivery to him of the licence nor beyond the extent permitted thereby.

(3) Any person who commits any act in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000:

Provided that this section shall not apply to bayonets, swords, daggers, spears and spearheads bona fide intended to be kept as curios or for ornamental purposes.

Delivery by other than licensed dealers

13.—(1) Any person, not being a licensed dealer, in possession of any guns, arms or ammunition under a licence, may deliver the same to any other person who has produced to him a licence for the possession thereof:

Provided that the person delivering the same forthwith returns his licence to the Licensing Officer or other proper officer, endorsed with a note containing the date of delivery and the name, address and description of the person to whom he has delivered the guns, arms or ammunition, or such other information as is prescribed.

(2) [Deleted by Act 22/2000 wef 01/08/2000]

(3) Any person who commits any act in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Provision upon death or bankruptcy, etc., of licensee

14.—(1) If a person licensed to import an explosive or any guns or arms dies or becomes bankrupt or becomes mentally incapable or otherwise disabled, the person carrying on the business of that licensee shall not be liable to any penalty or forfeiture for acting under the licence during such reasonable time as is necessary to allow him to make an application to the Licensing Officer for a new licence.

(2) The second-mentioned person referred to in subsection (1) shall be deemed to be the holder of the licence for all purposes under this Act, and to be liable in the same way as if he were the original holder of the licence until a new licence is issued.

Guns, arms or explosives of which possession has become unlawful to be deposited with authorised person

15.—(1) Any person whose possession of guns, arms or explosives has become unlawful in consequence of the expiry, suspension or cancellation of a licence shall, without unnecessary delay, deposit them with such authorised person and at such place as may be specified in the licence or by notice in writing by the Licensing Officer.

[30/2002 wef 21/03/2003]

(2) If the owner of any guns, arms or explosives so deposited does not, within 6 months from the date of deposit, produce a licence authorising him to possess them and apply for the delivery of them, the guns, arms or explosives deposited with an authorised person shall be forfeited to the Government.

(3) Every person licensed to possess guns or arms under this Act and intending to leave Singapore for any period exceeding one month shall, unless he intends to export such guns or arms, before so leaving transfer them to some person authorised under section 13 to take delivery of them or deposit them for safe keeping at a police station.

(4) The Licensing Officer may authorise in writing any police officer to search any house for any guns or arms which he has reason to believe have not been transferred or deposited as required by subsection (3).

[21/73]

Forfeiture of arms or explosives deposited with authorised person or Licensing Officer

16. Any arms or explosives deposited with an authorised person or the Licensing Officer in accordance with the provisions of this Act or any rules made thereunder or any other written law for the time being in force shall, if not claimed by its owner or owners within 6 months from the date of the deposit, be forfeited to the Government.

[2/73]

[15A

17. [Deleted by Act 30/2002 wef 21/03/2003]

Minister may authorise erection of magazines or establishment of hulks

18. The Minister may, by writing under his hand, authorise the erection of such magazines or the establishment of such hulks as he considers necessary for the storage of Government explosives, or for the storage or safe custody of explosives belonging to other persons, and may, by writing under his hand, authorise the use of Government magazines or any portion thereof for the storage or safe custody of explosives belonging to other persons.

[17

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