On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/04/2006.
29.
—(1) The appropriate authority of a prescribed foreign country may request the Attorney-General to assist in —
(a)
the enforcement and satisfaction of a foreign confiscation order, made in any judicial proceedings instituted in that country, against property that is reasonably believed to be located in Singapore; or
(b)
where a foreign confiscation order may be made in judicial proceedings which have been or are to be instituted in that country, the restraining of dealing in any property that is reasonably believed to be located in Singapore and against which the order may be enforced or which may be available to satisfy the order.
(2) On receipt of a request referred to in subsection (1), the Attorney-General may —
(a)
in the case of subsection (1)(a), act or authorise the taking of action under section 30 and the provisions of the Schedule; or
(b)
in the case of subsection (1)(b), act or authorise the taking of action under the provisions of the Schedule,
and in that event the provisions of the Schedule shall apply accordingly.
(3) For the purposes of this section and the provisions of the Schedule, judicial proceedings that are criminal proceedings are instituted in a prescribed foreign country when a person is produced and charged in court with a foreign offence.
30.
—(1) The Attorney-General or a person authorised by him may apply to the High Court for the registration of a foreign confiscation order.
(2) The High Court may, on an application referred to in subsection (1), register the foreign confiscation order if it is satisfied —
(a)
that the order is in force and not subject to further appeal in the foreign country;
(b)
where a person affected by the order did not appear in the proceedings, that the person received notice of the proceedings in sufficient time to enable him to defend them; and
(c)
that enforcing the order in Singapore would not be contrary to the interests of justice.
(3) For the purposes of subsection (2), “appeal” includes —
(a)
any proceedings by way of discharging or setting aside a judgment; and
(b)
an application for a new trial or a stay of execution.
(4) The High Court shall cancel the registration of a foreign confiscation order if it appears to the Court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or other means.
(5) Where an amount of money (if any) payable or remaining to be paid under a foreign confiscation order registered in the High Court under this section is expressed in a currency other than that of Singapore, the amount shall, for the purpose of any action taken in relation to that order, be converted into the currency of Singapore on the basis of the exchange rate prevailing on the date of registration of the order.
(6) For the purposes of subsection (5), a certificate issued by the Monetary Authority of Singapore and stating the exchange rate prevailing on a specified date shall be admissible in any judicial proceedings as evidence of the facts so stated.
31.
—(1) For the purposes of sections 29 and 30 and the Schedule —
(a)
any order made or judgment given by a court of a prescribed foreign country purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and
(b)
a document, duly authenticated, that purports to be a copy of any order made or judgment given by a court of a prescribed foreign country shall be deemed without further proof to be a true copy.
(2) A document is duly authenticated for the purpose of subsection (1)(b) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of that country.
32.
—(1) For the purposes of sections 29 and 30 and the Schedule, a certificate purporting to be issued by or on behalf of the appropriate authority of a prescribed foreign country stating that —
(a)
judicial proceedings have been instituted and have not been concluded, or that judicial proceedings are to be instituted, in that country;
(b)
a foreign confiscation order is in force and is not subject to appeal;
(c)
all or a certain amount of the sum payable under a foreign confiscation order remains unpaid in that country, or that other property recoverable under a foreign confiscation order remains unrecovered in that country;
(d)
a person has been notified of any judicial proceedings in accordance with the law of that country; or
(e)
an order (however described) made by a court of that country has the purpose of —
(i)
recovering, forfeiting or confiscating —
(A)
payments or other rewards received in connection with an offence against the law of that country that is a foreign offence, or the value of the payments or rewards; or
(B)
property derived or realised, directly or indirectly, from payments or other rewards received in connection with such an offence or the value of such property; or
(ii)
forfeiting or destroying, or forfeiting or otherwise disposing of, any drug or other substance in respect of which an offence against the corresponding drug law of that country has been committed, or which was used in connection with the commission of such an offence,
shall, in any proceedings in a court, be admissible as evidence of the facts so stated.
(2) In any such proceedings, a statement contained in a duly authenticated document, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court in a prescribed foreign country, shall be admissible as evidence of any fact stated therein.
(3) A document is duly authenticated for the purposes of subsection (2) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in the prescribed foreign country, or by or on behalf of an appropriate authority of that country.
(4) Nothing in this section shall prejudice the admissibility of any evidence, whether contained in any document or otherwise, which is admissible apart from this section.