39.—(1) The driver and the conductor (if any) of a vehicle must, as soon as reasonably practicable after finding any property left in the vehicle (whether or not pursuant to a search of the vehicle under rule 38), deposit the property in the state in which it came into his possession —| (a) | where the property is —| (i) | any arm, as defined in the Arms Offences Act (Cap. 14); | | (ii) | any explosive substance, offensive weapon or scheduled weapon, as defined in the Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65); or | | (iii) | any controlled drug, as defined in the Misuse of Drugs Act (Cap. 185), |
| with a police officer, at a police station; |
| | (b) | where the property is money in excess of $1,000, whether in the form of cash, any bank draft, cheque or other negotiable instrument or any combination of cash, bank draft, cheque and other negotiable instrument and is found in a vehicle that is not for a bus service operated by a specified company —| (i) | with an authorised officer, at the office of the Registrar; or | | (ii) | with a police officer, at a police station; or [S 919/2020 wef 30/10/2020] |
| | (c) | in the case of any other property, with the persons specified and in the manner described in paragraph (1A), (1B) or (1C), whichever is applicable. [S 249/2016 wef 28/05/2016] [S 776/2023 wef 01/12/2023] |
| (1A) Where the property is left in a licensed chauffeured private hire car or taxi that is owned by a specified company, the property must be deposited with a designated employee of the specified company at the address of the specified company in Part 1 of the Fifth Schedule. [S 249/2016 wef 28/05/2016] [S 919/2020 wef 30/10/2020] |
(1B) Where the property is left in a vehicle for a bus service that is operated by a specified company, the property must be deposited as follows:| (a) | where the bus journey terminates at a bus terminus operated by the same or another specified company —| (i) | with a designated employee of the specified company at the bus terminus; or | | (ii) | with a designated employee of the specified company operating the bus service at the address of the specified company in Part 1 of the Fifth Schedule, if sub-paragraph (i) does not apply; |
| | (b) | where the bus journey terminates other than at a bus terminal or bus interchange mentioned in Part 2 of the Fifth Schedule, with a designated employee of the specified company at the address of the specified company in Part 1 of the Fifth Schedule. [S 249/2016 wef 28/05/2016] |
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(1C) Where the property is left in a vehicle that is not mentioned in paragraph (1A) or (1B), the property must be deposited —| (a) | with an authorised officer, at the office of the Registrar; or | | (b) | with a police officer, at a police station. [S 249/2016 wef 28/05/2016] |
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| (2) The recipient of any property under paragraph (1) shall give the driver or conductor a receipt for the property. |
| (3) [Deleted by S 249/2016 wef 28/05/2016] |
| (4) The Registrar or specified company having the custody of the property shall retain it in safe keeping until it is claimed by its owner or disposed of in accordance with paragraphs (7), (8), (9), (12), (13) and (14). |
(5) Where any property deposited at the office of the Registrar under paragraph (1C)(a) consists of a package, bag or other receptacle and its contents, the Registrar or an authorised officer may cause the package, bag or receptacle to be opened and its contents to be examined if he considers it necessary to do so for the purpose of —| (a) | identifying and tracing the owner of the property; or | | (b) | ascertaining the nature of the contents. [S 249/2016 wef 28/05/2016] |
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| (6) Where the name and address of the owner of any property deposited at the office of the Registrar are readily ascertainable, the Registrar shall immediately notify the owner that the property is in his possession and may be claimed in accordance with this rule. |
(7) Subject to paragraph (8), if any property retained by the Registrar under paragraph (4) is not proved to the satisfaction of the Registrar to belong to a claimant within 3 months from the date on which it was deposited under paragraph (1)(b)(i) or (1C)(a) —| (a) | where the property is money, it shall be paid into the Consolidated Fund; | | (b) | where the property is of any type set out in the first column of the Sixth Schedule, it shall be disposed of in the corresponding manner of disposal set out in the second column of that Schedule; or [S 724/2006 wef 29/12/2006] | | (c) | in the case of any other property, it may thereupon be sold, destroyed or otherwise disposed of as the Registrar sees fit. [S 249/2016 wef 28/05/2016] |
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| (8) If any property retained by the Registrar under paragraph (4) appears to him to be of a perishable nature, and if it is not claimed within 48 hours from the time it was found, it may thereupon be sold, destroyed or otherwise disposed of as he sees fit. |
| (9) Any money obtained from any sale under paragraph (7)(c) or (8) shall be paid into the Consolidated Fund. |
(10) Where any property deposited under paragraph (1A) or (1B) at the address of a specified company in Part 1 of the Fifth Schedule or at a bus terminus operated by a specified company consists of a package, bag or other receptacle and its contents, a designated officer of the specified company may cause the package, bag or receptacle to be opened and its contents to be examined if he considers it necessary to do so for the purpose of —| (a) | identifying and tracing the owner of the property; or | | (b) | ascertaining the nature of the contents. [S 249/2016 wef 28/05/2016] |
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| (11) Where the name and address of the owner of any property deposited as mentioned in paragraph (10) are readily ascertainable, the specified company shall immediately notify the owner that the property is in its possession and may be claimed in accordance with this rule. [S 249/2016 wef 28/05/2016] |
(12) Subject to paragraph (13), if any property retained by a specified company under paragraph (4) is not proved to the satisfaction of a designated officer of the specified company to belong to a claimant within 3 months from the date on which it was deposited under paragraph (1A) or (1B) —| (a) | where the property is money, it shall belong to the specified company; | | (b) | where the property is of any type set out in the first column of the Sixth Schedule, it shall be disposed of in the corresponding manner of disposal set out in the second column of that Schedule; or [S 724/2006 wef 29/12/2006] | | (c) | in the case of any other property, it may thereupon be sold by public auction or disposed of in such other manner as may be approved by the Registrar. [S 249/2016 wef 28/05/2016] |
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| (13) If any property retained by a specified company under paragraph (4) appears to a designated officer of the specified company to be of a perishable nature, and if it is not claimed within 48 hours from the time it was found, it may thereupon be sold, destroyed or otherwise disposed of as he sees fit. |
| (14) Any money obtained from any sale under paragraph (12)(c) or (13) shall belong to the specified company. |
| (15) The Registrar shall maintain a register of all property deposited at his office under paragraph (1)(b)(i) or (1C)(a) and of the disposal of the property. [S 249/2016 wef 28/05/2016] |
| (16) Every specified company must maintain a record of all property deposited at its address in Part 1 of the Fifth Schedule or at a bus terminus it operates, and of the disposal of the property. [S 249/2016 wef 28/05/2016] |
| (17) A specified company shall, when requested to by the Registrar or any authorised officer, produce its record under paragraph (16) to the Registrar or authorised officer. [S 249/2016 wef 28/05/2016] |
(18) In this rule and the Fifth and Sixth Schedules, unless the context otherwise requires —| “bus terminus” means a bus terminal or bus interchange at an address in Part 2 of the Fifth Schedule; |
| “designated employee”, in relation to a specified company, means an employee of the specified company designated to receive and handle lost and found property; |
| “designated officer”, in relation to a specified company, means an officer of the specified company designated by the specified company for the purposes of all or any of paragraphs (10), (12) and (13); |
| “property” includes money; |
| “specified company” means a street-hail service licensee, ride-hail service licensee or bus service operator described in Part 1 of the Fifth Schedule. [S 249/2016 wef 28/05/2016] [S 919/2020 wef 30/10/2020] |
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