ARMS AND EXPLOSIVES (AMENDMENT) BILL

Order for Second Reading read.

The Senior Minister of State for Home Affairs (Assoc. Prof. Ho Peng Kee): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, this Bill amends the Arms and Explosives Act to give effect to the Convention on the Marking of Plastic Explosives for the Purpose of Detection. As the Act was last reviewed in 1973, my Ministry has also taken the opportunity to fine-tune some provisions to keep them up to date. I shall first cover the amendments to give effect to the Convention on the Marking of Plastic Explosives for the Purpose of Detection.

Convention on Marking of Plastic Explosives for the Purpose of Detection

This Convention addresses the need to mark plastic explosives for the purpose of detection. Unmarked plastic explosives are hard to detect because they elude x-rays, as well as metal and most vapour detectors. Marking plastic explosives enables vapour detectors to pick up the presence of such explosives. This Convention, concluded in 1991, was set against the backdrop of the blowing up of Pan Am flight 103 in the air on 21st December 1988. The British Air Accident Investigation Branch concluded that the crash was caused by an explosive device that was intentionally detonated while the plane was in flight.

Singapore is acceding to the Convention to show our support for the fight against terrorism. This Convention protects international civil aviation by requiring the marking of plastic explosives for detection so as to prevent the use of such explosives for terrorists and other unlawful purposes. In acceding to the Convention, we join 85 other countries which are already State Parties to the Convention to combat terrorism. In addition, Singapore has already acceded to four other international conventions on civil aviation security, namely, the Convention on Offences and Certain Other Acts Committed on Board Aircraft, the Convention for the Suppression of Unlawful Seizure of Aircraft, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation and the 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation.

Amendments to Give Effect to the Convention

The key obligations of the Convention are for State Parties to adopt measures to prohibit the manufacture of unmarked plastic explosives and to impose strict control over the movement of such explosives. The Convention also requires State Parties to destroy, consume, mark or render permanently ineffective all stocks of unmarked plastic explosives within 3 years, if not held by military or police authorities, and within 15 years, if held by military or police authorities.

Clause 2 of the Bill amends the Act by inserting a definition of an "unmarked plastic explosive" as any plastic explosive that does not contain a detection agent. A detection agent means any substance that enhances the detectability of explosives by vapour detection means. Clause 23 of the Bill introduces a new Schedule that lists the detection agents and specifies the minimum concentration level that should be present in plastic explosives. Clause 20 introduces a new section to empower the Minister for Home Affairs to amend the Schedule by order published in the Gazette.

Sir, to meet the obligations under the Convention, clause 4 of the Bill makes it an offence for a person to manufacture, possess, transfer, import or export unmarked plastic explosives. A person convicted of any of these offences would be sentenced to a fine not exceeding $10,000 and imprisonment for a term not exceeding three years. Exceptions to this are made, however, for unmarked plastic explosives used for research and development, testing, training or for forensic science activities. Exceptions are also made for authorised military and police personnel to destroy, consume, mark or render permanently ineffective the existing stock of unmarked plastic explosives within 15 years of the Convention coming into force. These grace periods will allow time for the existing stock of unmarked plastic explosives to be destroyed, consumed, marked or rendered permanently ineffective. These exceptions are all in accordance with the Convention.

Amendments to update the Act

Mr Speaker, Sir, I now briefly outline other amendments to fine-tune the existing provisions in the Act.

Definition of "Arms" to include "Noxious Substance"

Currently, the Act defines "arms" as including firearms, automatic guns, and any other kind of gun from which any shot, bullet or other missile can be discharged or noxious fumes emitted. The current definition does not include guns which can discharge noxious substances which are non-gaseous but could also produce a noxious effect. For example, a pepper spray discharges noxious substances and falls outside the existing definition of "arms" under the Act. Clause 2 of the Bill addresses this by amending the Act to include "noxious substance" in the definition of "arms".

Manufacture, Dealing in and Export of Noxious Substance

With the inclusion of noxious substance, clause 6 of the Bill amends the Act to make it an offence for unauthorised possession, manufacture, import and export of noxious substances.

Appointment of Licensing and Assistant Licensing Officers

Sir, the Act currently empowers the Minister to appoint a Licensing Authority. Over the years, the workload of the Licensing Authority has increased substantially. Clause 7 of the Bill therefore amends the Act to empower the Minister to appoint Assistant Licensing Officers to assist the Licensing Officer. However, the Licensing Officer will remain overall responsible.

Deposit of Guns, Arms or Explosives

Sir, currently, any person whose licence to possess a gun, arms or explosive has expired or has been cancelled or suspended, is required to deposit the gun, arms or explosives at a Police station. This arrangement is not satisfactory. Police resources are unnecessarily tied up to receive and safekeep such guns, arms and explosives when it could be better utilised in performing Police core functions. The Police will therefore outsource the receipt and safekeeping function to the Commercial and Industrial Security Corporation (CISCO) which has the capability to perform this task. Clause 9 of the Bill amends the Act to require any person whose licence to possess a gun, arms or explosive has expired, or has been cancelled or suspended to deposit the gun, arms or explosive with CISCO or any other auxiliary police force which is authorised by the Licensing Officer.

Forfeiture of Guns, Arms and Explosives

The Act currently provides that any gun, arms or explosive which is deposited with the Licensing Authority, if not claimed by its owner within six months from the date of the deposit, shall be forfeited to the Government. Clause 10 of the Bill amends the Act by replacing the Licensing Authority with the Licensing Officer and CISCO or any other auxiliary police force which is authorised by the Licensing Officer.

Possession and Use of Arms by Schools and Clubs

Clause 19 of the Bill amends the Act to empower the Minister for Home Affairs to make rules to regulate the possession and use of arms, namely, air rifles held by schools and shotguns and pistols held by clubs for sporting activities. It also exempts any school or club from the requirement of a licence, subject to prescribed conditions. Currently, without the power to make such rules, schools and clubs have to be subject to all the requirements under the Act. For example, if a school or club intends to acquire arms for sporting activities, it has to first obtain a licence to purchase the arms. Having purchased the arms, the school or club has to apply and obtain a licence to possess the arms. Also, each time the arms are transported out of the school or club to another location for a competition, prior approval has to be obtained from the Licensing Officer.

Clause 19 is therefore intended to allow rules to be made to reduce the administrative work and the number of licences that a school or club needs to obtain to acquire arms for sporting purposes. However, let me assure the House that the streamlining of administrative work and exemption from having to obtain certain licences will not undermine the safekeeping and proper custody of arms by schools and clubs.

Power to Search Vessels or Aircraft while in any Port or Airport

Sir, currently, the Act provides that the Port Master and Licensing Authority may search or issue a search warrant to search any vessel or aircraft about to leave any port of Singapore, if it is suspected of having on board illegal guns, arms or explosives. It is the Airport Police and the Police Coast Guard who are activated to conduct the search. Clause 17 of the Bill therefore amends the Act to extend the power of search and issuance of search warrants to the Commander of the Airport Police and the Commander of the Police Coast Guard. Clause 17 of the Bill also amends the Act to make it clear that any vessel in the port, aircraft in or about to leave any airport of Singapore may be searched if it is suspected of having illegal guns, arms or explosives on board.

Repeal of section 17

Clause 11 of the Bill repeals section 17 of the Act. Section 17 provides that a permit must be obtained to land any guns or arms for transhipment by any vessel or aircraft arriving at any port of Singapore. However, in practice, the cargo handler acting on behalf of the vessel and aircraft would have already obtained an import and export permit which covers the transportation of guns, arms and explosives. Section 17 is therefore redundant.

Amendments to penalties

Finally, Sir, clauses 6, 12 to 16 and 22 of the Bill amend the Act by increasing the existing fines for various offences by between three and 10 times. These offences include unauthorised manufacture, possession or import of guns, arms, explosives, poisonous and noxious substances. The existing fines have not been amended for over 30 years. The increase in the fines is to take into account the increase in income levels over the years and to maintain their deterrent effect.

Conclusion

Mr Speaker, Sir, by passing this Bill and acceding to the Convention on the marking of plastic explosives for the purpose of detection, we join many other countries in taking concrete steps to reduce the availability of unmarked plastic explosives by prohibiting the manufacture and movement of unmarked plastic explosives and requiring the destruction of all unmarked explosives. This will contribute to ensuring greater aviation security for passengers, crew and aircraft and make it more difficult for terrorists who plan to use explosives on aircraft and other means of transportation.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Assoc. Prof. Ho Peng Kee].

Bill considered in Committee; reported without amendment; read a Third time and passed.