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Customs (Amendment) Bill

Bill No. 17/1978

Read the first time on 7th April 1978.

An Act to amend the Customs Act (Chapter 133 of the Revised Edition).

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 Customs (Amendment) Act, 1978, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 3

2. Subsection (1) of section 3 of the Customs Act is hereby amended —

(a)

by inserting, immediately after the definition of “bottled beer”, the following definition: —

“ “bottling” in the case of intoxicating liquors, includes blending, compounding and varying any intoxicating liquor with intent that the blend, compound, or varied intoxicating liquor so formed shall be sold for human consumption, but does not include any such blend, compound or varied intoxicating liquor prepared at the order of a purchaser, and for immediate consumption;”;

(b)

by deleting the word “Comptroller” in the second line of the definition of “bottling warehouse” and substituting therefor the word “Director-General”;

(c)

by deleting the definition of “Comptroller”;

(d)

by inserting, immediately after the definition of “customs territory”, the following definition: —

“ “deleterious substance” means any matter —

(a)	which is unfit for human consumption; or
(b)	the consumption of which is harmful to human being,

as certified by the Director of Scientific Services;”;

(e)

by deleting the word “Comptroller” at the end of the definition of “denatured” and substituting therefor the word “Director-General”;

(f)

by inserting, immediately after the definition of “denatured”, the following definitions: —

“ “Director-General” means the Director-General of Customs and Excise appointed under the provisions of subsection (1) of section 4 of this Act;

“Director of Scientific Services” includes the Deputy Director of Scientific Services, the Principal Scientific Officer, the Senior Scientific Officer and the Scientific Officer of the Department of Scientific Services;”;

(g)

by deleting paragraph (a) of the definition of “manufacture” and substituting therefor the following: —

“(a)	in the case of intoxicating liquors, includes the process of distillation, fermentation and any process of converting raw materials into an intoxicating liquor, but does not include blending, compounding and varying of any intoxicating liquor;”;

(h)

by deleting paragraphs (a) and (b) of the definition of “officer of customs” and substituting therefor the following: —

“(a)	the Director-General;
(b)	the Deputy Director-General, any Senior Director and any Director of Customs and Excise appointed under the provisions of subsection (1) of section 4 of this Act;”;

(i)

by deleting paragraphs (a) and (b) of the definition of “senior officer of customs” and substituting therefor the following: —

“(a)	the Director-General;
(b)	the Deputy Director-General, any Senior Director and any Director of Customs and Excise appointed under the provisions of subsection (1) of section 4 of this Act;”; and

(j)

by deleting the word “Comptroller” in the sixth line of the definition of “tourist” and substituting therefor the word “Director-General”.

Amendment of section 4

3. Section 4 of the Customs Act is hereby amended by deleting subsections (1), (2) and (3) thereof and the marginal note thereto and substituting therefor the following: —

“Appointment of Director-General, Deputy Director-General, Senior Directors and Directors

4.—(1) The Minister may appoint an officer to be styled the Director-General of Customs and Excise and may appoint a Deputy Director-General of Customs and Excise and such number of Senior Directors and Directors of Customs and Excise as he may think fit.

(2) The Director-General shall have the superintendence of all matters relating to this Act, subject to the direction and control of the Minister.

(3) The Deputy Director-General, Senior Directors and Directors shall be subject to the general direction and supervision of the Director-General and, subject thereto, shall have and exercise all the powers conferred on the Director-General by or under this Act.”.

Amendment of section 21

4. Subsection (1) of section 21 of the Customs Act is hereby amended by deleting the words “of importation” in the third and fourth lines and substituting therefor the words “when the duty becomes payable”.

Amendment of section 25

5. Subsection (2) of section 25 of the Customs Act is hereby deleted and the following substituted therefor: —

“(2) For the purpose of this section, “trade samples” means articles which are imported solely —

(a)	for the purpose of being shown or demonstrated in Singapore to enable manufacturers in Singapore to produce such articles to fulfil orders from abroad or for the soliciting of orders for goods to be supplied from abroad; or
(b)	by a manufacturer for the purposes of copying, testing or experimenting before he produces such articles in Singapore,

and which are used solely for the purposes set out in paragraph (a) or (b) of this subsection and are not sold or consumed or put to normal use or used in any way for hire or reward while in Singapore.”.

Amendment of section 29

6. Section 29 of the Customs Act is hereby amended by deleting the word “one” in the second line of paragraph (a) of the second proviso thereto and substituting therefor the word “three”.

Repeal and re-enactment of section 34

7. Section 34 of the Customs Act is hereby repealed and the following substituted therefor: —

“Particulars of goods inwards to be furnished

34. The master, owner or agent of every vessel and the pilot, owner or agent of every aircraft arriving in Singapore, and the station-master at the railway station on the arrival of every train, shall, within twenty-four hours after arrival of the vessel, aircraft or train, or within such further period as the Director-General may in his discretion allow, furnish to the proper officer of customs at the customs office designated by the Director-General a full and correct inward manifest, certified by such master, pilot, owner, agent or station-master, containing full particulars as to the quantities, marks and description of goods destined for Singapore and shall in the case of every vessel, aircraft or train, in like manner, furnish a full and correct statement of goods in transit discharged in Singapore; and if so required by the Director-General in the case of every vessel, aircraft or train, furnish a full and correct manifest of all goods in transit not landed in Singapore, and a correct list of sea, air or railway stores on board the vessel, aircraft or train.”.

Amendment of section 54

8. Section 54 of the Customs Act is hereby amended by inserting, immediately after the expression “45,” in the second line thereof, the expression “46,”.

Amendment of section 57

9. Section 57 of the Customs Act is hereby amended —

(a)

by renumbering the section as subsection (1) thereof; and

(b)

by inserting immediately after subsection (1) thereof the following subsection: —

“(2) Where the presence of officers of customs is required or necessary for the proper performance of such operations as are described in subsection (1) of this section, the owner, importer, exporter, consignor, consignee or agent as the case may be, shall at his own expense, provide such officers of customs with the necessary transport between the customs office and the place where such operations are to be carried on.”.

Amendment of section 58

10. Section 58 of the Customs Act is hereby amended —

(a)	by deleting the colon at the end of the sixth line of subsection (1) thereof and substituting therefor a full-stop and by deleting the proviso thereto; and
(b)	by deleting the word “dutiable” in the seventh line of subsection (4) thereof.

Amendment of section 60

11. Subsection (2) of section 60 of the Customs Act is hereby amended by deleting the words “for sale” in the sixth and seventh lines thereof and substituting therefor the words “or any other apparatus or machinery for the manufacture of dutiable goods”.

Amendment of section 61

12. Subsection (1) of section 61 of the Customs Act is hereby amended by deleting the words “otherwise than in bottles” in the second line thereof.

New sections 61A and 61B

13. The Customs Act is hereby amended by inserting immediately after section 61 thereof the following sections: —

“No person except a licensee to keep utensil, apparatus, etc., for bottling, blending, etc.

61A.—(1) No person other than the holder of a licence under subsection (1) of section 61 of this Act shall knowingly keep or have in his possession any utensil, apparatus, material or ingredient for bottling, blending, compounding or varying intoxicating liquor.

(2) The owner and the occupier of any land or premises upon which any utensil, apparatus, material or ingredient for bottling, blending, compounding or varying intoxicating liquor is found shall each be deemed, until the contrary is proved, knowingly to have kept or had in his possession such utensil, apparatus, material or ingredient for the bottling, blending, compounding or varying of intoxicating liquor, as the case may be.

Exemptions

61B.—(1) Nothing in this Act shall apply to any bottling, blending, compounding or varying of intoxicating liquor by a legally qualified medical practitioner or by any chemist in the service of the Government or by any person registered as a pharmacist under the Pharmacists Registration Act (Cap. 223) or, with the approval of the Director-General, by a qualified chemist which is proved to be for genuine medicinal or scientific purposes.

(2) Nothing in subsection (1) of section 61A of this Act shall apply to stocks held by a bona fide trader in scientific apparatus or in machinery or, with the approval of the Director-General, to any utensil, apparatus, material or ingredient for bottling, blending, compounding or varying intoxicating liquor in the possession of a person constructing a bottling warehouse, distillery, brewery or other factory with the approval of the Director-General or of a person in occupation of premises temporarily closed down, in respect of which a licence had previously been held.”.

Amendment of section 67

14. Section 67 of the Customs Act is hereby amended —

(a)	by deleting the words “the prescribed form” in the second and third lines of subsection (1) thereof and substituting therefor the words “such form as may be approved by the Board”;
(b)	by inserting, immediately before the word “shop” in the first line of paragraph (d\) of subsection (1) thereof, the word “liquor”;
(c)	by deleting the word “dealers’ ” in the first line of paragraph (e\) of subsection (1) thereof and substituting therefor the words “liquor shop”;
(d)	by deleting the words “beer shop” in the second and in the third lines of the proviso to subsection (2) thereof and substituting therefor in each case the words “beer house”; and
(e)	by deleting the word “prescribed” at the end of subsection (7) thereof and substituting therefor the words “approved by the Board”.

Amendment of section 68

15. Subsection (1) of section 68 of the Customs Act is hereby amended —

(a)

by inserting, immediately after the word “premises” in the second line of paragraph (b) thereof, the expression “and in the case of a beer house (outdoor beer stall) in a conspicuous place specified by a senior officer of customs”;

(b)

by inserting immediately after paragraph (b) thereof the following paragraph: —

“(c)

maintain at all entrances to the licensed premises and in the case of a beer house (outdoor beer stall) in a conspicuous place or a place specified for such purpose by a senior officer of customs, a board in a form approved by the Board stating in the Malay, Chinese, Tamil and English languages that no person under the age of eighteen years is allowed to buy or consume intoxicating liquor at the said premises or stall;”; and

(c)

by re-lettering the existing paragraphs (c) and (d) thereof as paragraphs (d) and (e), respectively.

Amendment of section 75

16. Section 75 of the Customs Act is hereby amended —

(a)

by inserting, immediately after the word “tourists” in the fourth line of subsection (1) thereof, the words “and returning or departing residents of Singapore”;

(b)

by inserting immediately after subsection (2) thereof the following new subsection: —

“(2A) Such premises shall be deemed to be a licensed warehouse for the purposes of section 46 of this Act except that a licensee of such premises shall not be required to take out a separate licence for warehousing goods in such premises.”; and

(c)

by inserting immediately after subsection (6) thereof the following subsections: —

“(7) No person, other than a licensee, shall issue, display or distribute or cause to be issued, displayed or distributed any advertisement, writing, pamphlet, price list or other document which may imply or give reasonable cause for the public to believe that he has for sale on his premises goods which are duty free or tax free.

(8) Any person who contravenes the provisions of subsection (7) of this section shall be guilty of an offence under this Act.”.

Amendment of section 89

17. Subsection (1) of section 89 of the Customs Act is hereby amended by deleting the words “prescribed forms” at the end thereof and substituting therefor the words “forms approved by the Director-General”.

Amendment of section 90

18. Section 90 of the Customs Act is hereby amended —

(a)

by renumbering the section as subsection (1); and

(b)

by inserting immediately thereafter the following subsection: —

“(2) The Director-General may forfeit the whole or such part of the amount secured under paragraph (b) of subsection (1) of this section as the Director-General may think fit if he is satisfied that such agent, clerk or servant has committed or attempted to commit or abetted the commission of an improper or corrupt act.”.

Amendment of section 94

19. Section 94 of the Customs Act is hereby amended by deleting the words “books or documents” wherever they appear therein and substituting therefor in each case the expression “books, records, documents or other articles”.

Repeal and re-enactment of section 96

20. Section 96 of the Customs Act is hereby repealed and the following substituted therefor: —

“When search may be made without warrant

96. Whenever it appears to any senior officer of customs that there is reasonable cause to believe that in any dwelling-house, shop, or other building or place there are concealed or deposited any —

(a)	dutiable or uncustomed goods; or
(b)	goods liable to forfeiture under this Act or any regulations made thereunder; or
(c)	goods as to which any offence under this Act or any regulations made thereunder has been committed; or
(d)	books, records, documents or other articles directly or indirectly relating to any transaction or dealing in any of the aforesaid goods,

and if he has reasonable grounds for believing that by reason of the delay in obtaining a search warrant such goods, books, records, documents or other articles are likely to be removed, such officer may exercise in, upon and in respect of such dwelling-house, shop, or other building or place all the powers mentioned in section 94 of this Act as if he were authorised so to do by a warrant issued under that section.”.

Amendment of section 98

21. Section 98 of the Customs Act is hereby amended —

(a)

by inserting, immediately after the word “wharf” in the third line of subsection (1) thereof, the expression “, free trade zone”;

(b)

by inserting immediately after subsection (1) thereof the following subsection: —

“(2) Notwithstanding anything contained in any other written law, every senior officer of customs, or any officer of customs deputed by him for the purpose, in exercise of his powers under subsection (1) of this section shall have free access to such vessel, aircraft or any of the places specified in that subsection.”; and

(c)

by renumbering the existing subsection (2) thereof as subsection (3).

Amendment of section 106

22. Section 106 of the Customs Act is hereby amended by deleting the words “twelve months” at the end thereof and substituting therefor the words “two years”.

Amendment of section 109A

23. Section 109A of the Customs Act is hereby amended by deleting the words “Government Chemist” and the word “Chemist” wherever they appear therein and substituting therefor in each case the words “Scientific Officer”.

Amendment of section 119

24. Subsection (1) of section 119 of the Customs Act is hereby amended —

(a)	by deleting the words “or exported” in the second line of paragraph (f) thereof and substituting therefor the expression “, exported or transhipped”; and
(b)	by deleting the word “five” in the penultimate line thereof and substituting therefor the word “ten”.

Amendment of section 121

25. Section 121 of the Customs Act is hereby amended by deleting paragraph (c) of subsection (1) thereof and substituting therefor the following: —

“(c)	stores, keeps or has in his possession any dutiable or prohibited goods except under customs control, or stores, keeps or has in his possession any uncustomed goods; or”.

New section 121A

26. The Customs Act is hereby amended by inserting immediately after section 121 thereof the following section: —

“Penalty for adding deleterious substances to intoxicating liquors, or storing, keeping, etc., such liquors

121A.—(1) Whoever —

(a)	is in any way concerned in adding deleterious substances to any intoxicating liquor for consumption or for sale; or
(b)	stores, keeps or has in his possession any intoxicating liquor to which has been added deleterious substances,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine.

(2) The owner or occupier of any premises upon which any intoxicating liquor to which has been added deleterious substances is found or which has been used for the sale of such intoxicating liquor shall be deemed, until the contrary is proved, to have knowingly kept, used or permitted the use of the premises for such purposes.

(3) In any prosecution against a person for committing, attempting to commit or abetting an offence under this section any intoxicating liquor to which has been added deleterious substances shall be deemed to have been so added with the knowledge of such person unless the contrary is proved by him.”.

Repeal and re-enactment of section 123

27. Section 123 of the Customs Act is hereby repealed and the following substituted therefor: —

“Penalty for possession of a still, etc.

123. Every person other than a person licensed under —

(a)	subsection (1) of section 58 of this Act who knowingly keeps or has in his possession any still, utensil or other apparatus for distilling, fermenting or otherwise manufacturing intoxicating liquor or any power-operated machinery for the manufacture of tobacco; or
(b)	subsection (1) of section 61 of this Act who knowingly keeps or has in his possession any utensil, apparatus, material or ingredient for bottling, blending, compounding or varying intoxicating liquor,

shall be liable on conviction to imprisonment for a term not exceeding eighteen months or to a fine not exceeding five thousand dollars or to both such imprisonment and fine.”.

Amendment of section 133

28. Subsection (1) of section 133 of the Customs Act is hereby amended by deleting paragraph (xi) thereof.

Miscellaneous amendments

29.—(1) The following provisions of the Customs Act are hereby amended by inserting immediately after the words “customs station” wherever they appear therein the words “or in any other place approved by the Director-General in writing”: —

Sections 47(1)(b), 47(2), 48(1), 49, 50(1), 51 and 52.

(2) The following provisions of the Customs Act are hereby amended by deleting the words “prescribed form” therein and substituting therefor the words “form approved by the Director-General”: —

Sections 29, 32, 54, 73 and 76.

(3) The following provisions of the Customs Act are hereby amended by deleting the words “in the prescribed form issued by the Comptroller” therein and substituting therefor the words “issued by the Director-General”: —

Sections 58(1) and 61(1).

(4) The following provisions of the Customs Act are hereby amended by deleting the words “Comptroller” wherever it appears therein and substituting therefor in each case the word “Director-General”: —

Sections 8(1), 9, 10(1), 15, 16(1), 17(7), 18, 19, 22(1), 22(2), 24(1), 24(2), 25(1), 26(1)(c), 26(2), 33(2), 36, 42(2), 42(3), 43(1), 44(2), 44(3), 45(1), 45(2), 45(4), 45(5), 46(1), 46(2), 46(4), 46(5), 47(2), 53(2), 54, 55, 58(2), 58(5), 58(6), 60(1), 60(2), 61(2), 61(3), 68(2), 71, 72(3), 74, 75(1), 75(4), 75(5), 75(6), 76, 77(1), 77(3), 78, 82(1), 82(2), 82(3), 82(7), 87(1), 91, 92, 93, 105, 114(3), 115(3) and 133(1)(xviii).