Dear all,
Just some info for you knife collectors in Singapore.
http://www.ida.gov.sg/doc/Policies%20and%20Regulation/Policies_and_Regulation_Level2/FurtherLibPostalSvc/PosReg.pdf
20.
What is the definition of "arms" in the
Act?
Under the Arms & Explosives Act, "arms" is
defined as - any firearms, air-guns, air-pistols, automatic guns,
automatic pistols, and guns or any other kind of gun from which any
shot, bullet or other missile can be discharged or noxious fumes or
noxious substance can be emitted and any component
part of any such arms, and bayonets, swords, daggers, spears and
spearheads.
http://www.spf.gov.sg/licence/AE/FAQ/AE.html
4.
I would like to import a Samurai Sword. How can
I go about importing it? You can import a Samurai sword
through a forwarding agent, who should declare it through the
Tradenet system. For more details, please log on to http://authority31.tradenet21.com.
You may be required to bring the sword to a police station for
inspection before an import licence can be issued. If it is hand
carried, you should declare it to the Immigration & Checkpoints
Authority at the point of entry. The sword may be impounded for
inspection and you can claim it from the Police Station
which has jurisdiction over the entry point. Please
note that if you are allowed to possess the sword, it must be kept
in a dwelling house and not to be carried in any public place
without any lawful purpose.
http://www.spf.gov.sg/licence/AE/FAQ/AE.html
List of Prohibited
Postal Articles
12 The
current Regulations provides a list of prohibited postal items,
such
as fire
arms, explosives, controlled
drugs and poisons, where
the
sending,
conveying and delivering of such items constitute an
offence.
Possession or handling
of many of these items, without approval from
the respective
Government authorities
(e)
Explosives and Firearms
Regulation 3 (1) (a) of
the current Regulations prohibits the post, covey
or deliver by post
articles containing any explosive or flammable
substance (paragraph
(i)), and any arms, firearms …etc (paragraph
(vi)). These provisions
ensure that dangerous items are not
transported via the
postal systems.
However, these two
listed categories of items are not sufficiently
robust
or complete to ensure
that similarly dangerous items within the same
categories are included.
Examples of dangerous items not within the
scope of these two
sub-sections include stun / replica guns, knuckle
dusters, tear-gas and
nanchaku. It is proposed to replace these two
sub-sections with four
new sub-sections that link to and encompass
the prohibited items
under the scope of the four related Acts. The
four
Acts are as
follows:
(i) Arms and Explosives
Act (Cap. 14);
Licences required in respect
of guns, arms, explosives, etc.
13. —(1)
No person shall, unless authorised thereto by licence, and in
accordance with the conditions of the licence and such other
conditions as may be prescribed —
(a) have in his possession or under his control
any gun, arms, explosives, poisonous or noxious gas or noxious
substance;
(b) import any gun, arms, explosives, poisonous
or noxious gas or noxious substance;
(c) export any gun, arms, explosives, naval or
military stores, poisonous or noxious gas or noxious substance;
or
(d) manufacture or deal in guns, arms,
explosives, poisonous or noxious gas or noxious
substance.
[30/2002]
(2) Any person who, in contravention of this
section —
(a) imports any gun, arms, explosives, poisonous
or noxious gas or noxious substance;
(b) exports any gun, arms, explosives, naval or
military stores, poisonous or noxious gas or noxious substance;
or
(c) manufactures or deals in guns, arms,
explosives, poisonous or noxious gas or noxious
substance,
shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $10,000 and to
imprisonment for a term not exceeding 3 years.
[30/2002]
(3) Any person who, in contravention of this
section, has in his possession or under his control any gun shall
be guilty of an offence and shall be liable on conviction to a fine
not exceeding $5,000 for every such gun and to imprisonment for a
term which may extend to 3 years.
[30/2002]
(4) Any person who, in contravention of this
section, has in his possession or under his control any arms,
explosives, poisonous or noxious gas or noxious substance shall be
guilty of an offence and shall be liable on conviction to a fine
not exceeding $5,000 and to imprisonment for a term which may
extend to 3 years.
[30/2002]
(5) Upon the conviction of any person of an
offence under subsection (4), if it is proved to the satisfaction
of the court before which the conviction is had that the offender
had possession or control of the arms, explosives, poisonous or
noxious gas or noxious substance for the purpose of committing an
offence punishable under the Penal Code (Cap. 224), the offender
shall, in addition to the imprisonment prescribed by that
subsection, be liable to caning.
[30/2002]
(6) Subsection (1) (a) shall not apply to any
bayonet, sword, dagger, spear or spearhead in any dwelling-house
kept therein as a curio or for ornamental
purposes.
[8
[30/2002]
14.
Repealed by Act 5/2007, wef
01/07/2007.
15.
Repealed by Act 5/2007, wef
01/07/2007.
No purchase of guns or arms
from licensed dealer without licence
16. —(1)
No person shall take delivery of any guns or arms from a licensed
dealer without a licence authorising the purchase thereof, nor
beyond the extent permitted thereby.
(2) No licensed dealer shall deliver to any
person any guns or arms except upon delivery to him of the licence
nor beyond the extent permitted thereby.
(3) Any person who commits any act in
contravention of this section shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding
$1,000.
[30/2002]
(4) This section shall not apply to any bayonet, sword, dagger,
spear and spearhead bona fide intended to be kept as a curio or for
ornamental purposes.
[12
Delivery by persons other
than licensed dealers
17. —(1)
Any person, not being a licensed dealer, in possession of any guns,
arms or ammunition under a licence, may deliver the guns, arms or
ammunition to any other person who has produced to him a licence
for the possession thereof.
(2) The person delivering the guns, arms or
ammunition referred to in subsection (1) shall immediately return
his licence to the Licensing Officer or other proper officer,
endorsed with a note containing the date of delivery and the name,
address and description of the person to whom he has delivered the
guns, arms or ammunition, or such other information as is
prescribed.
[30/2002]
(3) Any person who commits any act in
contravention of this section shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding
$1,000.
[13
[30/2002]
Provision upon death or
bankruptcy, etc., of licensee
18. —(1)
If a person licensed to import any guns, arms or explosives dies or
becomes bankrupt or becomes mentally incapable or otherwise
disabled, the person carrying on the business of that licensee
shall not be liable to any penalty or forfeiture for acting under
the licence during such reasonable time as is necessary to allow
him to make an application to the Licensing Officer for a new
licence.
[30/2002]
(2) The person carrying on the business of the
licensee referred to in subsection (1) shall be deemed to be the
holder of the licence for all purposes under this Act, and to be
liable in the same way as if he were the original holder of the
licence until a new licence is issued.
[14
Guns, arms or explosives of
which possession has become unlawful to be deposited with
authorised person
19. —(1)
Any person whose possession of guns, arms or explosives has become
unlawful in consequence of the expiry, suspension or cancellation
of a licence shall, without unnecessary delay, deposit them with
such authorised person and at such place as may be specified in the
licence or by notice in writing by the Licensing Officer.
[30/2002]
(2) If the owner of any guns, arms or explosives
so deposited does not, within 6 months from the date of deposit,
produce a licence authorising him to possess them and apply for the
delivery of them, the guns, arms or explosives deposited with an
authorised person shall be forfeited to the
Government.
[30/2002]
(3) Every person licensed to possess guns or
arms under this Act and intending to leave Singapore for any period
exceeding one month shall, unless he intends to export such guns or
arms, before so leaving transfer them to some person authorised
under section 17 to take delivery of them or deposit them for safe
keeping at a police station.
(4) The Licensing Officer may authorise in
writing any police officer to search any house for any guns or arms
which he has reason to believe have not been transferred or
deposited as required by subsection (3).
[15
[21/73;30/2002]
Forfeiture of arms or
explosives deposited with authorised person or Licensing
Officer
20. Any
arms or explosives deposited with an authorised person or the
Licensing Officer in accordance with the provisions of this Act or
any other written law for the time being in force shall, if not
claimed by its owner or owners within 6 months from the date of the
deposit, be forfeited to the Government.
[16
[2/73;30/2002]
Minister may authorise
erection of magazines or establishment of
hulks
21. The
Minister may, by writing under his hand, authorise —
(a) the erection of such magazines or the
establishment of such hulks as he considers necessary for the
storage of Government explosives, or for the storage or safe
custody of explosives belonging to other persons;
and
(b) the use of Government magazines or any
portion thereof for the storage or safe custody of explosives
belonging to other persons.
[18
Short
title
1. This
Act may be cited as the Arms Offences Act.
Interpretation
2. In this
Act, unless the context otherwise requires —
"arm" means any firearm, air-gun, air-pistol,
automatic gun, automatic pistol and any other kind of gun or pistol
from which any shot, bullet or other missile can be discharged or
noxious liquid, flame or fumes can be emitted, and any component
part thereof and includes any bomb or grenade and any component
part thereof;
"imitation arm" means anything which has the
appearance of being an arm;
"import" means to bring or cause to be brought
into Singapore by any means from any place;
"scheduled offence" means any offence specified
in the Schedule;
"trafficking in arms" means —
(a) to import, manufacture or deal in arms in
contravention of the provisions of the Arms and Explosives Act
(Cap. 13); or
(b) to lend, give, sell, hire or offer for sale
or hire any arm to a person who has no licence to possess such arm
issued under the Arms and Explosives Act;
"unlawful possession" means possession or
control contrary to the provisions of the Arms and Explosives
Act;
"use" , with its grammatical variations, means
—
(a) in relation to a firearm, an air-gun, an
air-pistol, an automatic gun, an automatic pistol and any other
kind of gun or pistol from which any shot, bullet or other missile
can be discharged or noxious liquid, flame or fumes can be emitted
— to cause such shot, bullet or other missile to be discharged or
such noxious liquid, flame or fumes to be emitted with intent to
cause physical injury to any person; and
(b) in relation to a bomb or grenade — to throw
the bomb or grenade, or to cause it to explode, with intent to
cause physical injury to any person or property.
Penalty for being in unlawful
possession of arms or ammunition
3. —(1)
Subject to subsection (4), any person who is in unlawful possession
of any arm or ammunition shall be guilty of an offence and shall on
conviction be punished with imprisonment for a term of not less
than 5 years and not more than 10 years and shall also be punished
with caning with not less than 6 strokes.
[25/84]
(2) Subject to subsection (4), any person who
unlawfully carries any arm shall be guilty of an offence and shall
on conviction be punished with imprisonment for a term of not less
than 5 years and not more than 14 years and shall also be punished
with caning with not less than 6 strokes.
[25/84]
(3) Where any person at the time of his
committing or at the time of his apprehension for any scheduled
offence has on his person any arm, he shall be guilty of an offence
and shall on conviction be punished with imprisonment for life and
shall also be punished with caning with not less than 6
strokes.
(4) Where any person convicted of an offence
punishable under subsection (1) or (2) is proved to have been
previously convicted of a scheduled offence, he shall on conviction
be punished with imprisonment for a term of not less than 5 years
and not more than 20 years and shall also be punished with caning
with not less than 6 strokes.
[25/84]
Using or attempting to use
arms
4. —(1)
Subject to any exception referred to in Chapter IV of the Penal
Code (Cap. 224) which may be applicable (other than section 95),
any person who uses or attempts to use any arm shall be guilty of
an offence and shall on conviction be punished with death.
[30/93]
(2) In any proceedings for an offence under this
section, any person who uses or attempts to use any arm shall,
until the contrary is proved, be presumed to have used or attempted
to use the arm with the intention to cause physical injury to any
person or property.
[30/93]
Using or attempting to use
arms to commit scheduled offence
4A.
Subject to any exception referred to in Chapter IV of the Penal
Code which may be applicable (other than section 95), any person
who uses or attempts to use any arm at the time of his committing
or attempting to commit any scheduled offence shall, whether or not
he has any intention to cause physical injury to any person or
property, be guilty of an offence and shall on conviction be
punished with death.
[30/93]
Punishment for
accomplices
5. Where
any arm is used by any person in committing or in attempting to
commit any offence or where an offence under section 4A has been
committed by any person, each of his accomplices present at the
scene of the offence who may reasonably be presumed to have known
that that person was carrying or had in his possession or under his
control the arm, shall, unless he proves that he had taken all
reasonable steps to prevent the use of the arm, be guilty of an
offence and shall on conviction be punished with death.
[30/93]
Trafficking in
arms
6. —(1)
Any person trafficking in arms shall be guilty of an offence and
shall on conviction be punished with —
(a) death; or
(b) imprisonment for life and with caning with
not less than 6 strokes.
(2) Any person proved to be in unlawful
possession of more than 2 arms shall, until the contrary is proved,
be presumed to be trafficking in arms.
Consorting with person
carrying arms
7. Any
person who consorts with, or is found in the company of, another
person who is unlawfully carrying or is in unlawful possession of
any arm in circumstances which raise a reasonable presumption that
he knew that that other person was carrying or had in his
possession or under his control any such arm shall, unless he proves that he had reasonable grounds for believing
that that other person was not unlawfully carrying or was not in
unlawful possession of such arm, be guilty of an offence and
shall be liable on conviction to the like punishment as that other
person with whom he was consorting or in whose company he was
found.
Penalty for exhibiting
imitation arm when committing scheduled
offence
8. Any
person who at the time of committing or attempting to commit or
abetting the commission of any scheduled offence exhibits any
imitation arm in a manner likely to put any person in fear of death
or hurt shall be guilty of an offence and shall be liable on
conviction to imprisonment for a term which may extend to 10 years
and shall also be punished with caning with not less than 3
strokes.
Presumption
9. Where
any arm is found in or on any premises, the occupier of the
premises shall be deemed to be in possession of the arm unless he
proves that some other person was in possession thereof, or that he
had no knowledge or reasonable means of knowing that the arm was in
or on the premises and that he had taken all reasonable precautions
against the arm being kept in or on the premises.
Exemptions
10.
Nothing in section 3 shall apply to —
(a) a member of any visiting force lawfully
present in Singapore or of the police force or of a volunteer force
or local force constituted under any written law for the time being
in force in Singapore, when the member is carrying any arm in, or
in connection with, the performance of his duty;
(b) any person who carries an arm as part of his
official or ceremonial dress on any official or ceremonial
occasion;
(c) any person licensed or authorised to carry
or possess an arm under or by virtue of any written law relating to
arms for the time being in force in Singapore; or
(d) a member of any organisation or association
specially authorised by the Minister by notification in the
Gazette, when the
member is carrying any arm in, or in connection with, the
performance of his duty.
[6/78]
Saving of other written
law
11. The
provisions of this Act shall have effect without prejudice to the
provisions of the Arms and Explosives Act (Cap. 13) or of any other
written law for the time being in force in Singapore relating to
unlawful possession of arms or ammunition.
Power to amend
Schedule
12. The
Minister may at any time by order add to, amend or vary the
Schedule.