Arms and Explosives (Movement Control) Rules

Arms and Explosives Act

(Chapter 13, Section 40)

R 4

REVISED EDITION 1990

(25th March 1992)

[19th February 1971]

Citation

1. These Rules may be cited as the Arms and Explosives (Movement Control) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“approved magazine” means any magazine approved by the licensing authority for the storage of explosives and includes any place licensed for the storage of explosives under Part IV of the Arms and Explosives (Explosives) Rules (R 2).

“approved strong-room” means any strong-room or safe approved by the licensing authority for the safe keeping of arms and includes the place where a person licensed to deal in arms is required under rule 21 of the Arms and Explosives (Arms) Rules (R 1) to keep such arms;

“authorised officer” means —

(a)	any police officer or officer of the Customs and Excise Department;
(b)	any person holding a commission in any of the visiting forces lawfully present in Singapore or in any local forces constituted under any written law;
(c)	any authority or person appointed by the Minister by office or name to be an authorised officer for the purpose of exercising all or any of the powers conferred upon an authorised officer by these Rules;

“crew” includes the person in charge of an aircraft and persons carried in an aircraft as bona fide members of the staff employed in the operation or service of the aircraft;

“police officer” includes any member of the Special Constabulary constituted under Part VIII of the Police Force Act (Cap. 235).

Exclusion

3. Except as provided by rule 4, these Rules shall not apply to arms or explosives carried in any aircraft as passengers luggage or as aircraft stores or which belong to any officer or member of the crew of the aircraft.

Deposit of arms and explosives

4.—(1) The person in command of every aircraft landing in Singapore shall require every person on board having in his possession any arms or explosives to deposit the arms or explosives with him and shall forthwith on arrival in Singapore —

(a)

deliver the arms or explosives to an officer of the Customs and Excise Department not below the rank of senior officer of customs or, where no such officer is available, to a member of the Singapore Airport Terminal Services Auxiliary Police Force or the Changi Airport Services Auxiliary Police Force not below the rank of sergeant, who shall forthwith deposit the arms or explosives with a licensing authority —

(i)	in the case of arms or explosives belonging to a person in transit through Singapore, until the departure of that person from Singapore; and
(ii)	in the case of arms or explosives belonging to any other person, until such other person has obtained from a licensing authority a licence to possess such arms or explosives; or

(b)

deposit the arms or explosives with a licensing authority, in cases where neither an officer of the Customs and Excise Department not below the rank of senior officer of customs nor a member of the Singapore Airport Terminal Services Auxiliary Police Force or the Changi Airport Services Auxiliary Police Force not below the rank of sergeant is on duty.

(2) Any person on board any aircraft entering Singapore who fails to deposit any arms or explosives in his possession with the person in command of the aircraft shall be guilty of an offence under these Rules.

(3) The person in command of any aircraft from which any person removes or attempts to remove any arms or explosives required to be deposited with him under paragraph (1) shall be guilty of an offence under these Rules:

Provided that it shall be a good defence to any charge under this rule if the person in command of the aircraft satisfies the court that he took all reasonable steps to comply with paragraph (1).

Safe keeping of explosives

5.—(1) Every person having the custody or control of explosives for use in the normal course of his profession, trade, business or employment shall, except when the explosives are required for actual use, keep the explosives in an approved magazine and shall keep a stock book in the English language of all such explosives. Such stock book shall show at all times the actual stock in hand and shall show the following particulars of explosives delivered to or removed from such approved magazine:

(a)	quantity and description;
(b)	date and time of delivery or removal; and
(c)	name and address of persons delivering or removing.

(2) Any person required to keep a stock book under paragraph (1) who fails to keep such stock book in accordance in all respects with the provisions of that paragraph shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Removal of arms and explosives from magazine or strong-room

6.—(1) No person shall move or cause to be moved any arms from any approved strong-room or any explosives from any approved magazine except with the written authorisation of the licensing authority for which application shall be made in the Form A set out in the Schedule. Every such authorisation shall be in the Form B set out in the Schedule and shall be subject to the conditions set out therein and such other conditions as the licensing authority may in his discretion impose.

(2) Every person moving or causing to be moved any arms or explosives without the written authorisation of the licensing authority given under paragraph (1) or in contravention of any of the conditions subject to which the authorisation has been issued shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

(3) This rule shall not so long as such licence is unexpired apply in the case of any arm in respect of which a licence to possess the arm has been issued under the Arms and Explosives (Arms) Rules (R 1) or to any explosives to which the proviso to rule 8 of the Arms and Explosives (Explosives) Rules (R 2) applies.

(4) So long as this rule is in force, rules 11 and 12 of the Arms and Explosives (Arms) Rules so far as they relate to arms and rule 74 of the Arms and Explosives (Explosives) Rules shall not apply to any person desirous of exporting any arms or wishing to remove any explosive, as the case may be.

Authority to search

7. Any authorised officer may without warrant and with or without assistance enter and search any place, vehicle or person if he has reasonable grounds for believing that an offence has been committed under these Rules and may seize any evidence of the commission of any such offence.

Arrest without warrant

8. An authorised officer may without warrant arrest any person whom he reasonably believes to have committed an offence under these Rules.

General penalty

9. Any person guilty of an offence under these Rules for which no special penalty is provided shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.

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