Singapore passes laws to manage incidents on cross-border railways ahead of RTS Link’s opening

Singapore passed new laws on May 5 setting out how Singapore and Malaysia will manage railway security and cross-border incidents when the Johor Bahru-Singapore Rapid Transit System (RTS) Link starts operating. The new laws also cover co-located immigration checks at Woodlands North in Singapore and Bukit Chagar in Johor Bahru, where the RTS Link stations in both countries will be located.

In Parliament on May 5, Law Minister and Second Home Affairs Minister Edwin Tong outlined the framework for managing cross-border incidents on the 4km rail link, which is targeted to start operations in December.

Should an incident occur on a moving train, it will be handled by the authorities where it stops. But if a train stalls, the country where the train is located will manage the incident. If the train stalls between boundary markers Pier 47 (Malaysia) and Pier 48 (Singapore), the location of the train’s nose determines which country takes primary responsibility. The country with primary responsibility will be the incident manager.

For a Singapore-bound train, Malaysia is the incident manager until the nose crosses Pier 48, beyond which Singapore takes over – even if most of the train is still in Malaysia, said Mr Tong. For a Malaysia-bound train, Singapore is the incident manager until the nose crosses Pier 47, beyond which Malaysia takes over – even if most of the train is still in Singapore.

If a track incident does not involve a train, the country whose officers arrive on the scene first between Piers 47 and 48 will manage the incident.

For all cross-border incidents, when one country has assumed the role of incident manager, the other country will assist on request. Singapore officers, including those from the police and Singapore Civil Defence Force, may act in Malaysia in emergencies to save lives or limit damage, and Malaysian officers may do the same in Singapore. However, they cannot make arrests in the other country, Mr Tong said.

Besides major incidents, the framework also covers routine crimes on RTS Link trains, such as theft or outrage of modesty. Both countries will have concurrent criminal jurisdiction over offences on board trains in transit and along the stretch between Piers 47 and 48. Otherwise, jurisdiction lies with the country where the offence occurs.

On the RTS Link, offences under Singapore law committed on a train in transit will be treated as if they occurred in Singapore, allowing investigation and prosecution even if they took place outside the Republic. Malaysia has similarly established jurisdiction over offences on board trains in transit and on the tracks between Piers 47 and 48.

Singapore and Malaysia have also agreed on how to determine which country has primary jurisdiction. If an offence occurs on a moving train, the country where the train completes its journey has priority.

This approach mirrors arrangements in the Channel Tunnel – which connects the UK and France – and on aircraft, where the destination country has priority. Where a report is filed does not matter, said Mr Tong.

“This framework ensures clarity of jurisdiction when the exact location of the offence is unclear. It also allows Singapore to investigate offences when there is public interest to do so,” said Mr Tong.

Travellers clear immigration once before boarding

A key feature of the RTS Link is the co-location of Customs, Immigration and Quarantine (CIQ) facilities at each station, so that passengers clear both departure and arrival immigration before boarding.

After going through the RTS Link fare gate at Woodlands North, a traveller first undergoes security checks and departure clearance by Singapore’s Immigration and Checkpoints Authority (ICA) before proceeding to Malaysia’s CIQ zone within the same facility, located one level below ICA’s departure zone, for arrival immigration clearance. Officers from Malaysia will be deployed there to conduct immigration clearance and selective security checks.

After arrival clearance, the traveller then boards the train for Bukit Chagar station. Upon arrival, no further immigration clearance is needed. Malaysia’s officers there may conduct further selective security checks, inspect Customs permits, and collect taxes and duties, where necessary.

The reverse process applies to travellers coming to Singapore from Bukit Chagar station.

The new laws provide for designated areas at Woodlands North MRT station to serve as Malaysia’s CIQ zone, where Malaysian border laws apply.

Singapore law will still apply within this zone at Woodlands North station.

Only Malaysian officers recognised by Singapore may operate there, and such recognition may be withdrawn at any time. Within these areas, Malaysian officers can check documents, screen travellers and turn away inadmissible persons or goods, but their powers are limited to conducting these checks.

The laws also grant Malaysian officers legal protection while on duty in Singapore, treating them as public servants under Singapore law. These arrangements are reciprocal, and Singapore officers at Bukit Chagar will have similar powers and protections under Malaysian law.

Malaysia passed its own law on March 5 to enable this.

Singapore’s new laws also provide that data collected by Singapore officers in Malaysia will be treated as if collected in Singapore and governed by Singapore law, with reciprocal protections for Malaysian officers. It also states that documents and equipment belonging to Singapore at Bukit Chagar are “immune from seizure, confiscation or any other form of interference”, Mr Tong said.

Mr Tong said reciprocity underpins the provisions of the new laws, and if Malaysia’s laws are found to be substantially less favourable in terms of what they accord Singapore’s officers, a clause allows Singapore to modify how the legislation applies to Malaysian officers in Singapore.

“This is our commitment to our own officers who work tirelessly to safeguard Singapore’s borders,” he said.

Several MPs on May 5 raised questions about jurisdiction, and how the law will be enforced by the Singapore and Malaysian authorities, given that both sides have different laws.

Workers’ Party chairwoman Sylvia Lim (Aljunied GRC), for instance, asked how the authorities will decide which side prosecutes cross-border crimes that are illegal in both countries, such as drug trafficking.

Mr Vikram Nair (Sembawang GRC) asked if joint patrols or on-board security officers will be deployed, and which country would have the authority to act.

Mr Tong reiterated that if Singapore’s officers at Bukit Chagar station detect attempts to bring in vapes or drugs, Malaysian laws would apply. If drugs or other illicit items are found during Singapore’s checks done in the Republic, Singapore’s laws would apply. “Singapore’s zero-tolerance approach to drug trafficking will not change,” he said.

Mr Tong said there are no plans to deploy enforcement officers on trains, but he noted that there will be real-time monitoring via CCTV cameras. The rail operator may deploy staff on board, who can contact the operations control centre and assist during the five-minute journey, he added.

In response to a question from WP MP Dennis Tan (Hougang) on whether transmitted data would be secure or air-gapped, Mr Tong said: “The answer is yes, it would be, so we have a secure line that transmits that data.”

He assured the House that strict rules on handling, processing and storing data in Singapore also apply to data collected or generated by Singapore officers in Malaysia.

He also said the law is designed to accommodate future cross-border rail links with co-located arrangements, “should we come to such an arrangement in the future”.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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