POLICE FORCE (AMENDMENT) BILL

Order for Second Reading read.

The Minister for Home Affairs (Mr Wong Kan Seng): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, this Bill amends the Police Force Act:

(a) To appoint police officers as air marshals;

(b) To provide for air marshals to have police powers on board Singapore-registered aircraft; and

(c) To make it mandatory for our national air carriers to accept the deployment of air marshals on board Singapore-registered aircraft.

Sir, in the 1970s and 1980s, hijacking of aircraft was a common tactic used by terrorists to draw attention to a cause or to secure political demands from a government. Although hijackings became more difficult when airport security measures were improved significantly in the 1990s, there were still successful hijacking attempts. One such incident occurred here in Singapore in 1991 when SIA flight SQ 117 was hijacked while on a shuttle flight from Kuala Lumpur to Singapore.

The September 11th incident in the United States marked a radical change in the terrorist threat to civil aviation. The hijacked airplanes were turned into flying bombs to devastating effect with more than 3,000 people dead. Recently, Singapore was also the target of a plan for a similar styled attack. In early 2002, the Singapore Jemaah Islamiyah (JI) leader, Mas Selamat Kastari, clearly influenced by the September 11th attack, had plotted to hijack an airplane from Bangkok and crash it into Changi Airport. To circumvent stringent checks at airports, they did not plan to carry weapons on board but to use two physically stronger members in their group to force their way into the cockpit. Although the plan was aborted when Mas Selamat's name appeared in the media as being wanted in connection with JI activities, the group continues to harbour hopes of carrying out this plan one day. Mas Selamat has since been arrested but his four associates are still at large.

The September 11th incident and the Mas Selamat plan's are representative of the new operating environment facing us today where terrorists have no qualms about causing mass casualties and are fuelled by vague motivations such as religious extremism. These terrorists are also prepared to sacrifice their own lives in suicide missions. We will have to take these threats seriously.

Although the Singapore JI cell has been crippled by the Internal Security Department's arrests to the extent that it no longer poses a serious threat to our security, the terrorist threat to Singapore has not ebbed. The Al Qaeda and regional militant groups like the JI continue to be active. The recent bomb attack on the JW Marriott Hotel in Jakarta on 5th August 2003 is a grim reminder that the JI is still a formidable threat despite the arrests of key members. The incident resulted in the first Singaporean casualties to terrorism possibly since the Laju incident of 1974. As regional governments continue to exert pressure on the militant groups through arrests and prosecutions, these groups will continue to try and intimidate governments. Singapore is no exception. Our actions against the local JI cell had triggered the unravelling of the JI network in the region. This can lead to reprisal attacks against Singapore assets here and overseas. So, we are a prime target.

The terrorist threat to us is real and serious. Singaporeans have to learn to live with this threat. It will be with us for the long haul. We have to face it squarely and take steps to protect ourselves. Since the September 11th attacks, the Government has done what are practically possible to prevent terrorism.

In order to counter a September 11th-style attack, security measures for civil aviation have to be tight. Although the key to mitigating any threat to civil aviation, including hijacking, is a combination of early intelligence and robust ground security measures, September 11th has reminded us that we must not overlook other measures that can effectively prevent an aircraft hijacking. Mas Selamat's plan of commandeering the aircraft without the use of weapons shows that the screening for weapons at the airports may not be sufficient. Comprehensive security measures at each possible stage of air travel are needed. Some of the aviation security measures already in place in Singapore include 100% screening of check-in baggage, strengthening of cockpit doors and installing close circuit cameras at the cockpit door and enhancing physical patrols of the airport compounds.

Although our aviation security measures at Changi Airport are robust, the possibility of a hijacking occurring on our air carriers arriving from other airports cannot be discounted. SIA and SilkAir are considered at risk because they are icons associated with Singapore. The Government has, therefore, decided to deploy air marshals on board our national air carriers to secure our aircraft during flight against any hijacking attempt. Air marshals are armed and specially trained officers who will travel incognito, on board flights. Their task will be, principally, to thwart any hijacking attempts. Recently, in November 2002, an attempted hijacking of an El Al flight from Tel Aviv to Istanbul was foiled by Israeli air marshals on board the flight. Having air marshals on board serve as a deterrent to would-be hijackers. Here, I must emphasise that the deployment of air marshals on our national carriers is not in response to any specific current threat to SIA or SilkAir, but as part of our overall strategy and package of measures to enhance our aviation security.

Singapore is not alone in wanting to deploy air marshals. A number of countries have deployed air marshals on board their national air carriers, as an additional line of defence should terrorists manage to slip through intelligence and ground defences. The United States and Israel are some of the forerunners in deploying air marshals on their flights. Since September 11th, other countries have similarly begun exploring or are in the process of setting up air marshal units.

An Air Marshal Unit (AMU) will be formed within the Singapore Police Force. The air marshals are handpicked officers and will undergo specialised training.

Mr Speaker, Sir, I will now briefly highlight some of the main issues that are addressed by the Bill.

Appointment and Training

The new section 48B stipulates that the Commissioner of Police may appoint any police officer as an air marshal and ensures that the air marshals are provided with the necessary training. It is vital that the officers be adequately trained to deal with the range of complex situations that can occur on board an aircraft. I would like to stress again that every air marshal will undergo extensive training to enable him to operate effectively and professionally within the confines of an aircraft.

Airline Compliance

The new section 48C makes it mandatory for national air carriers to accept the deployment of air marshals on board their flights, with penalties for non-compliance. National air carriers are Singapore registered air carriers. This clause is to avoid situations where the airlines or their crew refuse to accept the deployment of air marshals, which may compromise security especially where there is intelligence of a terrorist threat to the flight and cause disruptions to airline operations.

Powers

As the air marshals are drawn from the Singapore Police Force, the officers will have the necessary police powers to act on board an aircraft when it is within Singapore's territory. To remove any ambiguity that these powers will not extend extra-territorially, the Government has decided that it would be prudent to introduce legislation to specify the powers of the air marshals on board our carriers outside Singapore's airspace. Section 48D will make it clear that police powers will be extended to the air marshals when they are on board our air carriers outside Singapore territory.

Mr Speaker, Sir, by amending this Act, we would be taking concrete steps to identify air marshals as police officers with the powers pursuant to those of police officers. Furthermore, the Bill would guarantee the Government's right to deploy air marshals on board Singapore's national air carriers. The introduction of air marshals, in turn, will contribute to enhancing aviation security by making it more difficult for terrorists to carry out their acts on board Singapore-registered aircraft. Furthermore, it can help to prevent unnecessary loss of lives when people on the ground inevitably become "collateral damage" when the plane crashes. The deployment of air marshals is therefore a necessary measure to complement other security measures to counter a September 11th threat against our national carriers.

Sir, I beg to move.

Question proposed.

Assoc. Prof. Chin Tet Yung (Sembawang): Sir, I support this Bill really as a very necessary measure in the steps taken to enhance security, especially aviation security, in the post-911 era. However, there may be, instead of public confidence in this air marshal scheme, occasions where the public may be alarmed simply because hitherto our attention has been to focus on security measures on the ground to prevent guns and explosives from getting on board aircraft. However, with this deployment of air marshals, it means that the air marshals themselves would be bringing guns aboard, and the prospect of a shoot-out in a very confined space, of course, would give rise to alarm. So I think it is necessary in this House to reassure the people that this is actually a very important scheme in the context of security.

To this end, I would like the Minister just to clarify a couple of points.

First of all, I want to ask whether, with this scheme in place, the first priority of security in aviation is to prevent potential terrorists and offensive weapons from coming on board or being brought on board aircraft. And, secondly, the Minister has mentioned that the air marshals would be drawn from the Police and would be specially trained. Of course, there is a whole world of difference between training police officers for law enforcement on the ground and training them for enforcement in the air. So I would like to know whether air marshals would be trained in such a way as to ensure that the performance of their duties under such situations would be expertly done and with the safety of passengers, crew and aircraft in mind. Thirdly, the proposed Bill says that air marshals will be deployed when there are high security risks involved. So I want to know what actually does that mean. Does it mean that we will, as a matter of routine, put air marshals on board Singapore-registered planes? Or does it mean that only in very specific instances would you have to deploy such air marshals?

Sir, the air marshals legislation is important because, as the Minister has mentioned, many countries have already put these air marshals into service. If I may put a scenario in this way. If in a whole row of houses, almost all of them, except one, had installed burglar alarms, then it is quite obvious that the burglars would choose the one without the burglar alarm. So I think it is obvious that we have to have such legislation. But I hope that the Minister would be able to reassure the people that, even with the deployment of such air marshals, safety and security in the planes would not be compromised by their deployment.

Sir, I support the Bill.

Mr Chiam See Tong: Thank you, Sir, for giving me the opportunity to speak. Those of us who watched over television the events of September 11 when terrorists used commercial aeroplanes to attack the Twin Towers in New York, resulting in about 300,000 deaths, will agree ---

An hon. Member: 3,000.

Mr Chiam See Tong: About 3,000 deaths. They will agree that there is a need for security measures on board commercial flights. The Police Force (Amendment) Bill where provisions are made for the Commissioner of Police in Singapore to allow him to deploy air marshals on board any Singapore aircraft is timely. I understand that, in America, it was only after the pulling out of air marshals from commercial flights that the terrorist attacks took place on September 11. But of course, it cannot be said, with certainty, that the posting of security guards on board an aircraft shall prevent terrorist activities on board that aircraft. But I think most will agree that if there is some form of policing on board an aircraft, it will to a certain measure deter or even counter terrorists assaults.

I hope in time Singapore can emulate the Israelis. The Israeli Airline, El Al's policy is never to give in to terrorists. As a result, despite the Israeli war with the Arabs, the El Al Airline has a good record of not having any recent hijacking. This kind of policy entails the necessity to build a commando force on standby, ready to go into action whenever it is called upon to do so, to exterminate and flush out terrorists from an aeroplane that is hijacked by them.

The passing of this Bill is only a part in the building of a complex process of fighting terrorism. For a start, air marshals must be specially selected and trained. I would say that air marshals most likely shall be selected from members of the Special Operations Unit or the Police Special Force. Those selected to be trained must not only be physically fit but also mentally strong and they even have to undergo psychological tests to make sure that they are suitable. They must be people with well-adjusted personality and they do not succumb to stress. They have to be highly trained with weapons and martial arts. One can easily see that air marshals should be quite special people and they therefore shall not come cheap. In this respect, I hope that the airlines shall not use the excuse of the necessity to deploy air marshals to increase their fares to exorbitant levels.

On the part of the airlines, they should also play their part to provide security. I hear that certain airlines are already providing bullet-proof doors to the pilots' cabin and those doors are constructed to prevent them from being broken down by intruders. The airlines must also ensure that the aeroplane windows are provided with glass that will not shatter when they are hit by a bullet. I do hope that the Singapore Police can also provide our air marshals with special guns, or stun guns, whose bullets will not pierce the skin of the aeroplane's fuselage or shatter the glass of its windows. This type of special guns, when used by the air marshals, can immobilise terrorists, but they do not damage the aeroplane. I hope, with the passing of this Bill, Singapore Airlines' motto of "A safe way to fly" shall add another dimension to it, that is, "A safe way to fly from the security point of view".

Sir, I think one day, air marshals should be as common as the seat belts in the aeroplanes. Sir, when that day comes, I wonder whether there will be law suits against the airlines if a passenger should suffer damage as a result of some airlines, for reasons of their own, not deploying air marshals on board that plane.

Another point I would like to bring up with the Minister is that this amendment Bill gives extra-territorial powers to our Police Force. Would it not be better if our Government enters into agreements with those countries that the aeroplanes are flying to, to get powers to enforce certain laws in those countries.

Mr Speaker: I presume you support the Bill, Mr Chiam.

Mr Chiam See Tong: Yes. I do certainly support the Bill.

Mr Wong Kan Seng: Both Mr Chiam and Prof. Chin are concerned about the training and the selection of our air marshals. Let me assure Members, as well as the people outside, that the officers in the Air Marshal Unit are experienced police officers, and they are selected from specialised units and under stringent criteria. So whether they are from the Special Operation Force or whether they are from the Special Unit, etc, I am sure we have scoured the whole Police Force to look for the right people with the correct temperament to undergo the training. We will particularly train them on how to operate within the confines of an aircraft. It is quite different training a police officer to deal with ground situations, whether it is on the streets, in the markets, or whatever public place. An aircraft is a confined space, limited by its size, and there are many people in it.

So the officers have to be trained on aviation security as well and how to cope with such a situation when they are in the plane with many passengers. They have to think calmly under stressful situations and there may be little time to react. But they will not just shoot on the count of one and just shoot. They will look and assess the situation carefully before they take appropriate measures to try to disarm the hijackers. They will employ unarmed and close-encounter combat skills first before they decide to use weapons as a last resort.

The selection of weapons of course is another consideration. The Police will make sure that it is the correct weapon where it will not cause a disaster in the plane while it is in flight. Air marshals are very skilful people and they are marksmen. We want people who can really shoot straight, if they have to. But we hope that in a situation where they have to deal with a hijacking situation, that would be the last thing they need to do without endangering the safety of the passengers. So uppermost in their minds, when they exercise their powers, will be the safety of the passengers as well as the airplanes and an assessment would be made.

Prof. Chin asked under what prevailing threat situations do we deploy air marshals in an aircraft. We will deploy air marshals depending on the global and regional security threat situation. Before we make any decision to deploy, we will, in close collaboration with many other agencies, determine the threat level. And once we feel that there is a need to deploy air marshals in the aircraft, we would do so. I cannot describe exactly under what circumstances will an air marshal be deployed because to do so would simply compromise our deployment plans.

Mr Chiam asked about the jurisdiction of the air marshals. If they are on board a Singapore-registered aircraft, Singapore would have jurisdiction. When they arrive at the destination, then of course we will hand over that jurisdiction to the destination country. But all these are matters which are under negotiation and discussion with the countries concerned. And, indeed, before we fly an aircraft with air marshals to a destination country, we will have agreements with the countries concerned that they will accept the deployment of air marshals. I can assure the House that discussion is already taking place with several countries. Once we have firmed up and got the agreement, we will start deploying. I cannot tell exactly when that will take place. But I can say that it will be very soon because we already have officers who are trained as air marshals and we have put them through training, not just with people who know the business, but we have consultants who come and help us to train. We have also sent our officers overseas to learn from other air marshal units the kind of skills, training and people that they need to have before they can be deployed as air marshals.

In regard to the Israeli example, that is one of the countries that we have learned from, and there are several others. I quoted two countries - Israel and the US. But the Germans, Swiss and Australians also have air marshals. We have been in close touch with all these agencies to learn from them. We will learn and try to adapt it to our own situation.

I hope this answers the questions by the two Members. But I also want to stress here that it is not just carrying arms on board that will cause a potential threat. The example I cited is Mas Selamat and his associates. They did not want to carry weapons on board. They are looking for some heavy-built individuals who can go into the cockpit to overcome the pilots. But SIA has, over the last year or two since September 11, started to harden its aircraft as well as its cockpit area. They have put in CCTVs and they have hardened the cockpit doors which cannot be easily broken into. So the airline operators themselves have also taken measures to strengthen security. But before anyone can carry weapons on board, the first thing we should do is to detect him at the check-in gate before we allow him to fly. That is the process that we need to do very stringently. As far as Changi Airport is concerned, we have been applying these measures very stringently. We are working with other foreign governments to also tighten up security measures where our national air carriers fly to.

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. - [Mr Wong Kan Seng].

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