REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
NO. 31]Friday, November 22 [2002
The following Act was passed by Parliament on 31st October 2002 and assented to by the President on 12th November 2002:—
Arms and Explosives (Amendment) Act 2002

(No. 30 of 2002)

I assent.

S R NATHAN,
President.
12th November 2002.
Date of Commencement: 21st March 2003
An Act to amend the Arms and Explosives Act (Chapter 13 of the 1985 Revised Edition) to give effect to the Convention on the Marking of Plastic Explosives for the Purpose of Detection concluded in Montreal on 1st March 1991 and for other miscellaneous purposes.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Arms and Explosives (Amendment) Act 2002 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 2
2.  Section 2(1) of the Arms and Explosives Act (referred to in this Act as the principal Act) is amended —
(a)by inserting, immediately after the words “noxious fumes” in the 4th line of the definition of “arms”, the words “or noxious substance”;
(b)by inserting, immediately after the definition of “arms”, the following definitions:
“ “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;
“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;”;
(c)by inserting, immediately before the definition of “carriage”, the following definition:
“ “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);”;
(d)by inserting, immediately after the definition of “carriage”, the following definition:
“ “Commercial and Industrial Security Corporation” means the Commercial and Industrial Security Corporation established under the Commercial and Industrial Security Corporation Act (Cap. 47);”;
(e)by inserting, immediately after the definition of “deal in”, the following definition:
“ “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;”;
(f)by inserting, immediately after the definition of “gun”, the following definition:
“ “high explosives” includes but is not limited to cyclotetramethylenetetranitramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylenetrinitramine (RDX);”;
(g)by deleting the definition of “licensing authority” and substituting the following definition:
“ “Licensing Officer” means the person appointed by the Minister under section 9 and includes an Assistant Licensing Officer;”;
(h)by deleting the words “or aircraft” in the definition of “master”;
(i)by inserting, immediately after the definition of “master”, the following definition:
“ “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;”;
(j)by inserting, immediately before the definition of “Port Master”, the following definition:
“ “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;”; and
(k)by inserting, immediately after the definition of “railway administration”, the following definition:
“ “unmarked plastic explosive” means any plastic explosive that does not contain a detection agent;”.
Amendment of section 3
3.  Section 3 of the principal Act is amended —
(a)by deleting the word “Nothing” in the 1st line of subsection (1) and substituting the words “Subject to subsection (3), nothing”; and
(b)by inserting, immediately after subsection (2), the following subsection:
“(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).”.
New sections 3A to 3D
4.  The principal Act is amended by inserting, immediately after section 3, the following sections:
“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.
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).
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.
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).”.
Amendment of section 7
5.  Section 7 (1) of the principal Act is amended —
(a)by inserting, immediately after the word “master” in the 5th and in the 8th lines, the words “or pilot-in-command”; and
(b)by deleting “$5,000” in the last line and substituting “$20,000”.
Amendment of section 8
6.  Section 8 of the principal Act is amended —
(a)by deleting subsections (1) and (2) and substituting the following subsections:
“(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.
(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.”;
(b)by deleting the words “arms or poisonous or noxious gas” in the 2nd and 3rd lines and in the 9th and 10th lines of subsection (4) and substituting in each case the words “arms, explosives, poisonous or noxious gas or noxious substance”;
(c)by deleting “$2,000” in the 4th line of subsection (4) and substituting “$5,000”; and
(d)by inserting, immediately after subsection (4), the following subsection:
“(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.”.
Repeal and re-enactment of section 9
7.  Section 9 of the principal Act is repealed and the following section substituted therefor:
“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.”.
Amendment of section 11
8.  Section 11 of the principal Act is amended by deleting the words “one month” and substituting the words “14 days”.
Amendment of section 15
9.  Section 15 of the principal Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
“(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.”;
(b)by inserting, immediately after the word “explosives” in the last line of subsection (2), the words “deposited with an authorised person”; and
(c)by deleting the words “at police station” in the marginal note and substituting the words “with authorised person”.
Amendment of section 16
10.  Section 16 of the principal Act is amended —
(a)by deleting the words “the licensing authority” in the 1st and 2nd lines and substituting the words “an authorised person or the Licensing Officer”; and
(b)by deleting the words “the licensing authority” in the marginal note and substituting the words “authorised person or Licensing Officer”.
Repeal of section 17
11.  Section 17 of the principal Act is repealed.
Amendment of section 20
12.  Section 20 of the principal Act is amended by deleting “$400” and substituting “$2,000”.
Amendment of section 21
13.  Section 21 of the principal Act is amended by deleting “$1,000” in the 7th line and substituting “$3,000”.
Amendment of section 23
14.  Section 23 of the principal Act is amended by deleting “$500” in the penultimate line and substituting “$2,000”.
Amendment of section 26
15.  Section 26 of the principal Act is amended by deleting “$500” in the 2nd line of the proviso and substituting “$2,000”.
Amendment of section 32
16.  Section 32 (2) of the principal Act is amended by deleting “$100” in the last line and substituting “$1,000”.
Amendment of section 33
17.  Section 33 of the principal Act is amended —
(a)by deleting the words “, about to leave” and substituting the words “that is in or that is about to leave”;
(b)by inserting, immediately after the word “port” wherever it appears in subsections (1) and (4), the words “or airport”;
(c)by deleting the words “or the licensing authority” in the 19th line of subsection (1) and substituting the words “, the Licensing Officer, the Commander, Airport Police or the Commander, Police Coast Guard”;
(d)by deleting the words “or the licensing authority” in the 1st line of subsection (3) and substituting the words “, the Licensing Officer, the Commander, Airport Police or the Commander, Police Coast Guard”; and
(e)by inserting, immediately after subsection (4), the following subsection:
“(5)  In this section, “Commander, Airport Police” and “Commander, Police Coast Guard” mean the persons designated by the Commissioner of Police as such.”.
Amendment of section 35
18.  Section 35 of the principal Act is amended —
(a)by deleting the words “or port” in the 4th line and substituting the words “, port or airport”; and
(b)by deleting the words “or vessel” in the 5th line and substituting the words “, vessel or aircraft”.
Amendment of section 40
19.  Section 40 (1) of the principal Act is amended —
(a)by inserting, immediately after the words “noxious gases” in the penultimate line and in the last line of paragraph (h), the words “or noxious substances”; and
(b)by inserting, immediately after paragraph (s), the following paragraph:
“(sa)to regulate the possession and use of arms by schools and clubs for sporting activities and to exempt any school or club from the requirement for a licence under this Act, subject to such conditions as may be prescribed;”.
New section 40A
20.  The principal Act is amended by inserting, immediately after section 40, the following section:
“Power to amend Schedule
40A.  The Minster may, by order published in the Gazette, amend the Schedule.”.
Amendment of section 41
21.  Section 41 of the principal Act is amended —
(a)by deleting the words “or the master of the vessel,” in the 9th line of subsection (1) and substituting the words “the master of the vessel, the pilot-in-command of the aircraft”; and
(b)by inserting, immediately after the word “master” in the 1st line of subsection (2), the word “, pilot-in-command”.
Miscellaneous amendments
22.  The principal Act is amended —
(a)by inserting, immediately after the words “noxious gas” wherever they appear in the following provisions, the words “or noxious substance”:
Sections 4(1)(a) (last line), 6(1) and marginal note, 7(1) (4th and 10th lines) and (2) (5th line), 19 (2nd line) and 32(1) (4th and penultimate lines) and (2) (3rd line);
(b)by deleting “$1,000” in the following provisions and substituting in each case “$5,000”:
Sections 6(2), 8(3) (penultimate line) and 19 (last line);
(c)by deleting “$200” in the following provisions and substituting in each case “$1,000”:
Sections 12(3) (3rd line), 13(3), 22 (penultimate line) and 24; and
(d)by deleting the words “licensing authority” in the following provisions and substituting in each case the words “Licensing Officer”:
Sections 10(b), 13(1) (2nd line of the proviso), 14(1) (last line), 15(4), 27(1) (penultimate line), 28 (3rd line), 29(1) (last line), 32(1) (1st line) and 40(1)(j) and (k).
New Schedule
23.  The principal Act is amended by inserting, immediately after section 42, the following Schedule:
“THE SCHEDULE
Section 2(1)
Detection Agents
First column
Second column
Third column
Fourth column
Name of detection agent
Molecular formula
Molecular weight
Minimum concentration
Ethylene glycol dinitrate
(EGDN)
C2H4(NO3)2
152
0.2% by mass
2,3-Dimethyl-2,3-
dinitrobutane
(DMNB)
C6H12(NO2)2
176
0.1% by mass
para-Mononitrotoluene
(p-MNT)
C7H7NO2
137
0.5% by mass.
”.
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