38.
—(1) The appropriate authority of a foreign country may request the Attorney-General to assist in effecting the service of process on a person in Singapore.
(2) Where, on receipt of a request made under subsection (1), the Attorney-General is satisfied —
(a)
that the request relates to a criminal matter in that country;
(b)
that there are reasonable grounds for believing that the person to be served is in Singapore;
(c)
the country has furnished sufficient details of the consequences of a failure to comply with such process; and
(d)
where the request relates to the service of a summons to appear as a witness in that country, that that country has given an adequate undertaking in respect of the matters specified in section 39,
the Attorney-General may authorise assistance in accordance with this section.
(3) Where service is authorised under subsection (2), the Attorney-General shall direct an authorised officer or a process server of the Supreme Court to arrange service, and in such a case the authorised officer or process server shall —
(a)
use his best endeavours to have the process served —
(i)
in accordance with procedures proposed in the request; or
(ii)
if those procedures would be unlawful or inappropriate in Singapore, or if no procedures are so proposed, in accordance with the Rules of Court; and
(b)
if the document —
(i)
is served, transmit to the Attorney-General for transmission to the appropriate authority a certificate by the Registrar of the Supreme Court as to service; or
(ii)
is not served, transmit to the Attorney-General for transmission to the appropriate authority a statement by the Registrar of the Supreme Court of the reasons which prevented the service.
(4) Rules of Court may provide for —
(a)
the documents and other information to accompany the service of process; and
(b)
the form of the certificate referred to in subsection (3)(b)(i) and the statement referred to in subsection (3)(b)(ii).