SINGAPORE: How Singapore and Malaysia will take charge of emergencies and crimes that occur on the Johor Bahru-Singapore Rapid Transit System Link (RTS Link) were among the questions raised by Members of Parliament (MPs) on Tuesday (May 5).
The Cross-Border Railways (Border Control Co-Location) Bill was passed in parliament on Tuesday, with six MPs asking questions on the extent of Singapore's and Malaysia's legal powers along the new railway.
Among other facets, the Bill allows for the co-location of both countries’ customs, immigration and quarantine facilities at each station.
Minister for Law and Second Minister for Home Affairs Edwin Tong said that the passing of the Bill will allow for Singapore’s laws to not only accommodate the RTS Link but also future cross-border railways with a co-located model, should there be such a future arrangement.
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The location of both countries’ immigration facilities at each station means that passengers can undergo both departure and arrival immigration clearance before boarding the train, and no further immigration clearance is required upon disembarkation.
“The traveller will not need to undergo further immigration clearance upon arrival in Malaysia, and can just walk off the train straight into Johor Bahru,” said Mr Tong.
When up and running, the RTS Link will move up to 10,000 commuters per hour in each direction, with each journey between the Woodlands North and Bukit Chagar stations taking about five minutes.
The co-location of immigration facilities means that Malaysia’s officers will be deployed at the customs and immigration zone at Woodlands North station in Singapore, and Singapore officers will likewise be deployed to Bukit Chagar station in Malaysia.
Mr Tong said that the new law will provide formal legal permission for Malaysia’s officers operating in the designated areas in Singapore to carry out their border clearance and security checks on travellers departing for Malaysia.
Singapore law will continue to apply within these designated areas, while a list of Malaysian laws strictly for immigration clearance and security checks would also apply.
MPs Cassandra Lee (PAP-West Coast-Jurong West), Yip Hong Weng (PAP-Yio Chu Kang) and Vikram Nair (PAP-Sembawang) raised questions on how officers on both sides of the border will be held accountable.
Mr Nair asked how accountability and oversight would be ensured for actions taken by foreign officers operating within Singapore.
Mr Tong said that the application of Malaysian border control laws will be restricted only to the designated areas within Woodlands North station, which will be clearly demarcated with signs.
He added that the application of Malaysia's border control laws in the designated areas is for the “sole purpose of empowering the Malaysian officers to conduct the necessary border clearances and security checks on travellers departing for Malaysia”.
“The effect of applying these laws in the designated areas will be similar to what travellers would encounter at the usual checkpoints in Malaysia when travelling to Malaysia,” he said.
He added that Singapore law remains in effect over the entirety of Woodlands North station.
“Singapore officers are available to assist travellers if needed, and if travellers encounter issues or need help in the designated areas, they should act similar to how they would anywhere else in Singapore, and when necessary, seek help from Singapore authorities,” said Mr Tong.
MP Dennis Tan (WP-Hougang) asked if Singapore officers deployed in Malaysia will be given equal powers and protections.
Mr Tong said that Malaysia’s legislation affords immunity to Singapore's officers based there, similar to what Singapore’s Bill accords to Malaysian officers based in Singapore.
27:14 Min
The Johor Bahru-Singapore Rapid Transit System (RTS) Link, set to start running in December, will be a major artery for travel between Singapore and Malaysia. A bill put up for debate in parliament on Tuesday (May 5) is a key supporting pillar of this link, said Second Minister for Home Affairs Edwin Tong. It gives effect to a comprehensive set of arrangements that facilitate co-location of customs, immigration and quarantine (CIQ) facilities at stations on both ends, as well as jointly developed protocols for coordinated management of railway security and cross-border incidents. This will help ensure a seamless and safe journey for travellers, Mr Tong said. A key feature is that travellers will have to clear immigration only once, before boarding the train. The bill’s provisions include circumscribing the areas in Singapore within which Malaysian officers can perform their CIQ duties, empowering the Home Affairs Minister to approve which Malaysian officers can be deployed in Singapore and ensuring that Singapore officers deployed to Malaysia can safeguard Singapore’s borders effectively. Singapore and Malaysia have also agreed that if an offence is committed on a moving train, the destination country will have primary right to exercise jurisdiction.
Mr Tong said that the bill also includes provisions for managing incidents that occur on the railway tracks when moving between countries.
Where a train is able to complete its journey, any incident on board will be managed by the authorities of the country in which the train stops, said Mr Tong.
If a train stalls and is unable to complete its journey, the country in whose territory the train is situated will manage the incident.
There is, however, a stretch of tracks located between the boundary markers of both countries, in a 17m stretch located between Malaysia’s Pier 47 and Singapore’s Pier 48.
If a train stalls at that stretch, both countries have agreed to use the nose of the train as the marker to determine the country with primary responsibility to manage the incident, he said.
For a Singapore-bound train, if the nose has not crossed Pier 48, Malaysia will take the lead, but if it has crossed, Singapore will take over.
For a Malaysia-bound train, if the nose has not crossed Pier 47, Singapore will take the lead, but if it has, then Malaysia will take over.
For incidents not involving a train, but occurring on the stretch of tracks between Pier 47 and 48, the country whose officers arrive on the scene first will be the incident manager.
“For all cross-border incidents, when one country has assumed the role of incident manager, the other country shall render the necessary support upon request,” said Mr Tong.
Mr Nair asked if there would be joint exercises conducted before the opening of the RTS Link to ensure both sides are prepared to respond to incidents.
Mr Tong said that both sides have also addressed operational aspects of cross-border incident management via a comprehensive set of joint standard operating procedures, and that joint exercises will be conducted later this year.
The progress of the drop-in span on Dec 20, 2023. It connects Malaysia's Pier 47 and Singapore's Pier 48 - the piers closest to the other country's side. (Photo: CNA/Marcus Mark Ramos)
Mr Tong said that routine crimes that could happen on board the trains, such as theft and outrage of modesty, must be considered.
Singapore and Malaysia have agreed that both countries will have concurrent criminal jurisdiction over criminal offences that occur on board trains in transit, as well as over the stretch of railway tracks located between Piers 47 and 48, said Mr Tong.
For the RTS Link, any person who commits an offence under any Singapore law while on a train in transit would be treated as if the person had done so in Singapore.
“This then enables Singapore to investigate and prosecute offences committed at these locations, even if they might be outside Singapore,” said Mr Tong.
He added that Malaysia has also established jurisdiction over criminal offences on board trains in transit and on the railway tracks between Piers 47 and 48.
Both countries have agreed, however, that the country where the train completes its journey will have the primary right to exercise jurisdiction.
“This is also similar to the approach taken towards investigating offences onboard airborne aircraft, where the destination country has primary right,” said Mr Tong.
“Should the country without primary right wishes to conduct investigations into the matter, it may request the other country waive its right,” he added. “It also allows Singapore to investigate offences where there is public interest to do so.”
MP Sylvia Lim (WP-Aljunied) asked whether there could be cases where both countries have “real stakes” in curbing the criminal activity and may be equally interested in handling the case.
She asked: “Who will determine whether there is a greater public interest for Malaysia to prosecute, and how will this determination be made?”
Mr Tong said that there are situations where one country may well want to assert jurisdiction, but there's “also a process for countries to discuss if both assess that there is public interest in prosecuting the case”.
He added that both countries have not "hardcoded" what public interest might look like, because each scenario could be different.
“You know that we have one of the busiest cross-border land checkpoints at the Causeway, and we've been managing this with the Malaysians consistently, so there'll be no change to that,” he said.
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The Cross-Border Railways (Border Control Co-Location) Bill was passed in parliament on Tuesday, with six MPs asking questions on the extent of Singapore's and Malaysia's legal powers along the new railway.
Among other facets, the Bill allows for the co-location of both countries’ customs, immigration and quarantine facilities at each station.
Minister for Law and Second Minister for Home Affairs Edwin Tong said that the passing of the Bill will allow for Singapore’s laws to not only accommodate the RTS Link but also future cross-border railways with a co-located model, should there be such a future arrangement.
CNA Games
Show More Show Less
The location of both countries’ immigration facilities at each station means that passengers can undergo both departure and arrival immigration clearance before boarding the train, and no further immigration clearance is required upon disembarkation.
“The traveller will not need to undergo further immigration clearance upon arrival in Malaysia, and can just walk off the train straight into Johor Bahru,” said Mr Tong.
When up and running, the RTS Link will move up to 10,000 commuters per hour in each direction, with each journey between the Woodlands North and Bukit Chagar stations taking about five minutes.
Related:
KEEPING OFFICERS ACCOUNTABLE
The co-location of immigration facilities means that Malaysia’s officers will be deployed at the customs and immigration zone at Woodlands North station in Singapore, and Singapore officers will likewise be deployed to Bukit Chagar station in Malaysia.
Mr Tong said that the new law will provide formal legal permission for Malaysia’s officers operating in the designated areas in Singapore to carry out their border clearance and security checks on travellers departing for Malaysia.
Singapore law will continue to apply within these designated areas, while a list of Malaysian laws strictly for immigration clearance and security checks would also apply.
MPs Cassandra Lee (PAP-West Coast-Jurong West), Yip Hong Weng (PAP-Yio Chu Kang) and Vikram Nair (PAP-Sembawang) raised questions on how officers on both sides of the border will be held accountable.
Mr Nair asked how accountability and oversight would be ensured for actions taken by foreign officers operating within Singapore.
Mr Tong said that the application of Malaysian border control laws will be restricted only to the designated areas within Woodlands North station, which will be clearly demarcated with signs.
He added that the application of Malaysia's border control laws in the designated areas is for the “sole purpose of empowering the Malaysian officers to conduct the necessary border clearances and security checks on travellers departing for Malaysia”.
“The effect of applying these laws in the designated areas will be similar to what travellers would encounter at the usual checkpoints in Malaysia when travelling to Malaysia,” he said.
He added that Singapore law remains in effect over the entirety of Woodlands North station.
“Singapore officers are available to assist travellers if needed, and if travellers encounter issues or need help in the designated areas, they should act similar to how they would anywhere else in Singapore, and when necessary, seek help from Singapore authorities,” said Mr Tong.
MP Dennis Tan (WP-Hougang) asked if Singapore officers deployed in Malaysia will be given equal powers and protections.
Mr Tong said that Malaysia’s legislation affords immunity to Singapore's officers based there, similar to what Singapore’s Bill accords to Malaysian officers based in Singapore.
27:14 Min
The Johor Bahru-Singapore Rapid Transit System (RTS) Link, set to start running in December, will be a major artery for travel between Singapore and Malaysia. A bill put up for debate in parliament on Tuesday (May 5) is a key supporting pillar of this link, said Second Minister for Home Affairs Edwin Tong. It gives effect to a comprehensive set of arrangements that facilitate co-location of customs, immigration and quarantine (CIQ) facilities at stations on both ends, as well as jointly developed protocols for coordinated management of railway security and cross-border incidents. This will help ensure a seamless and safe journey for travellers, Mr Tong said. A key feature is that travellers will have to clear immigration only once, before boarding the train. The bill’s provisions include circumscribing the areas in Singapore within which Malaysian officers can perform their CIQ duties, empowering the Home Affairs Minister to approve which Malaysian officers can be deployed in Singapore and ensuring that Singapore officers deployed to Malaysia can safeguard Singapore’s borders effectively. Singapore and Malaysia have also agreed that if an offence is committed on a moving train, the destination country will have primary right to exercise jurisdiction.
EMERGENCIES
Mr Tong said that the bill also includes provisions for managing incidents that occur on the railway tracks when moving between countries.
Where a train is able to complete its journey, any incident on board will be managed by the authorities of the country in which the train stops, said Mr Tong.
If a train stalls and is unable to complete its journey, the country in whose territory the train is situated will manage the incident.
There is, however, a stretch of tracks located between the boundary markers of both countries, in a 17m stretch located between Malaysia’s Pier 47 and Singapore’s Pier 48.
If a train stalls at that stretch, both countries have agreed to use the nose of the train as the marker to determine the country with primary responsibility to manage the incident, he said.
For a Singapore-bound train, if the nose has not crossed Pier 48, Malaysia will take the lead, but if it has crossed, Singapore will take over.
For a Malaysia-bound train, if the nose has not crossed Pier 47, Singapore will take the lead, but if it has, then Malaysia will take over.
For incidents not involving a train, but occurring on the stretch of tracks between Pier 47 and 48, the country whose officers arrive on the scene first will be the incident manager.
“For all cross-border incidents, when one country has assumed the role of incident manager, the other country shall render the necessary support upon request,” said Mr Tong.
Mr Nair asked if there would be joint exercises conducted before the opening of the RTS Link to ensure both sides are prepared to respond to incidents.
Mr Tong said that both sides have also addressed operational aspects of cross-border incident management via a comprehensive set of joint standard operating procedures, and that joint exercises will be conducted later this year.
The progress of the drop-in span on Dec 20, 2023. It connects Malaysia's Pier 47 and Singapore's Pier 48 - the piers closest to the other country's side. (Photo: CNA/Marcus Mark Ramos)
JURISDICTIONS
Mr Tong said that routine crimes that could happen on board the trains, such as theft and outrage of modesty, must be considered.
Singapore and Malaysia have agreed that both countries will have concurrent criminal jurisdiction over criminal offences that occur on board trains in transit, as well as over the stretch of railway tracks located between Piers 47 and 48, said Mr Tong.
For the RTS Link, any person who commits an offence under any Singapore law while on a train in transit would be treated as if the person had done so in Singapore.
“This then enables Singapore to investigate and prosecute offences committed at these locations, even if they might be outside Singapore,” said Mr Tong.
He added that Malaysia has also established jurisdiction over criminal offences on board trains in transit and on the railway tracks between Piers 47 and 48.
Both countries have agreed, however, that the country where the train completes its journey will have the primary right to exercise jurisdiction.
“This is also similar to the approach taken towards investigating offences onboard airborne aircraft, where the destination country has primary right,” said Mr Tong.
“Should the country without primary right wishes to conduct investigations into the matter, it may request the other country waive its right,” he added. “It also allows Singapore to investigate offences where there is public interest to do so.”
MP Sylvia Lim (WP-Aljunied) asked whether there could be cases where both countries have “real stakes” in curbing the criminal activity and may be equally interested in handling the case.
She asked: “Who will determine whether there is a greater public interest for Malaysia to prosecute, and how will this determination be made?”
Mr Tong said that there are situations where one country may well want to assert jurisdiction, but there's “also a process for countries to discuss if both assess that there is public interest in prosecuting the case”.
He added that both countries have not "hardcoded" what public interest might look like, because each scenario could be different.
“You know that we have one of the busiest cross-border land checkpoints at the Causeway, and we've been managing this with the Malaysians consistently, so there'll be no change to that,” he said.
Continue reading...