HSA: Officers can enter premises without warrant to enforce laws on e-vaporisers

A series of TikTok videos showing a man engaging in a stand-off with two others at his residential unit has gone viral online.

The two men identified themselves as Health Sciences Authority (HSA) officers, but the resident doubted their authority to enter his unit.

HSA, in response to queries on the incident from Mothership, explained its authorised officers' powers, including being able to enter premises without a warrant to inspect or seize items for enforcement purposes.

What the videos showed

According to the first video of the series posted by the man, who goes by the TikTok username "Rapperboya", the two other men could be seen standing outside his unit.

While Rapperboya did not specify when the stand-off took place, Lianhe Zaobao reported that it understands the incident happened on Nov. 14.

In the video, Rapperboya could be seen throwing out a flyer through his metal gate towards one of the men, who was dressed in a grey shirt.

When Rapperboya asked the man in grey to identify himself and explain why the latter placed the flyer at his unit, the man in grey pulled out his HSA authorised card and stated he was from the authority.

The man in grey subsequently asked Rapperboya through the gate whether he had any e-vaporisers to declare, to show his identification card, and to open the gate.

When Rapperboya did not comply and asked the man in grey to produce a warrant first, the latter replied: "We have the power to enter your house even [without it], sir."

In its statement to Mothership on Nov. 28, an HSA spokesperson confirmed that the men in Rapperboya's video series were authorised officers.

They were deployed to his residence to ascertain facts after HSA was alerted to Rapperboya's TikTok videos, which allegedly showed him with an e-vaporiser.

The spokesperson also added that authorised officers may enter premises without a warrant to inspect or seize items for enforcement purposes under the law.

Police officers called to scene

However, the officer's statement was not sufficient to convince Rapperboya to open his gate.

In the next video in the series, he could be seen opening his door after two police officers arrived outside his unit.

Rapperboya then told one of the police officers that he did not believe the HSA officers had the right to conduct checks inside his unit without a warrant.

When the police officer said the HSA officers would be able to provide documents to support their claims, Rapperboya asked the HSA officers to show him the proof.

Eventually agreed to let officers in

While the HSA officer in grey was pulling out the supporting documents, Rapperboya pointed the police officers to the flyer the HSA officer left at his door.

As the flyer carried an announcement for Kaki Bukit Community Club's official opening and had nothing related to HSA, Rapperboya explained that it caused him to doubt that the visitors were HSA officers.

When police officers asked the HSA officer why he placed the flyer, the latter said it was "part of the procedure" to ascertain whether anyone was living at the units visited.

If the flyer is gone by the time HSA officers visit the unit in question again, they will know that someone is living at the unit, added the HSA officer.

Eventually, after the HSA officer showed Rapperboya the relevant law on his phone — Section 26 of the Tobacco (Control of Advertisements and Sale) Act — Rapperboya agreed to open his gate and let the officer, along with his colleagues, into the unit to conduct checks.

While Rapperboya said in a Nov. 23 update that the HSA officers made follow-up visits to his unit afterwards, he did not post any further videos documenting the process or the result of the visits.

HSA statement

A Health Sciences Authority spokesperson told Mothership that checks by its authorised officers at Rapperboya's residence did not uncover any e-vaporisers.

"He is assisting HSA in our further investigations on using an e-vaporiser, as shown in his social media posts," added the spokesperson.

According to the spokesperson, its authorised officers can ask for the identification of a person reasonably suspected of committing an offence such as possession or use of e-vaporisers under the law.

Due to the nature of their job, these officers "are not required to wear uniforms so as not to draw attention to themselves in carrying out their surveillance and enforcement activities".

However, all of HSA's enforcement officers will carry HSA authorised cards to identify themselves as authorised officers, said the spokesperson.

Penalty for e-vaporiser offences

The spokesperson added that HSA frequently receives public feedback regarding alleged vaping in public areas, including housing estates.

The authority also "actively monitors social media platforms", taking action against individuals who post videos or photos of themselves using e-vaporisers.

The spokesperson pointed to an Oct. 23 press release, which stated that five individuals, aged 13 to 34, were identified and fined by HSA after posting videos and photographs of themselves with e-vaporisers on their Instagram and TikTok accounts.

All the offending posts on their Instagram and TikTok accounts have been removed, stated the spokesperson.

"HSA takes a serious view of e-vaporiser offences and will continue to be vigilant and enforce the law against such offenders," read the statement.

Those found guilty of possessing, using, or purchasing e-vaporisers may be fined up to S$2,000.

Top images via Rapperboya/TikTok