On 18/06/2013,
you requested for the version in force on 18/06/2013
incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 31/12/2001.
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).
39. Where, pursuant to a request under section 38, the appropriate authority of a foreign country requests the assistance of the Attorney-General in effecting the service on any person of a summons to appear as a witness in that country, the Attorney-General shall, before authorising assistance in accordance with that section, obtain from the appropriate authority an undertaking that that person will not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to accept or comply with the summons, notwithstanding any contrary statement in the summons.
40. Where, pursuant to a request under section 38, the appropriate authority of a foreign country requests the assistance of the Attorney-General in effecting the service on any person of a summons to appear as a witness in that country, that person shall not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to accept or comply with the summons, notwithstanding any contrary statement in the summons.