On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 20/12/1997.
PART IV
BANKERS’ BOOKS
170. In this Part —
“bank” and “banker” mean any company carrying on the business of bankers in Singapore under a licence granted under any law relating to bankingand include any Post Office Savings Bank of Singapore; and the fact that such Bank is a post office savings bank may be proved by a certificate purporting to be under the hand of the General Manager of the Bank;
“bankers’ books” includes ledgers, day books, cash books, account books and all other books used in the ordinary business of the bank;
“court” means the High Court;
“legal proceeding” means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration.
171. Subject to this Part, a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded.
172.
—(1) A copy of an entry in a banker’s book shall not be received in evidence under this Part unless it is first proved that —
(a)
the book was, at the time of the making of the entry, one of the ordinary books of the bank;
(b)
the entry was made in the usual and ordinary course of business; and
(c)
the book is in the custody or control of the bank.
(2) Such proof may be given by an officer of the bank and may be given orally or by an affidavit sworn before any commissioner for oaths or person authorised to take affidavits.
173.
—(1) A copy of an entry in a banker’s book shall not be received in evidence under this Part unless it is further proved that the copy has been examined with the original entry and is correct.
(2) Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any commissioner for oaths or person authorised to take affidavits.
174. An officer of a bank shall not, in any legal proceedings to which the bank is not a party, be compellable to produce any banker’s book the contents of which can be proved under this Part, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of a judge made for special cause.
175.
—(1) On the application of any party to a legal proceeding, the court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes of such proceedings.
(2) An order under this section may be made either on or without summoning the bank or any other party, and shall be served on the bank 3 clear days before the same is to be obeyed unless the court or judge otherwise directs.
176.
—(1) The costs of any application to the court or a Judge under this Part, and the costs of anything done or to be done under an order of the court or a Judge made under this Part, shall be in the discretion of the court or Judge, who may order the same or any part thereof to be paid to any party by the bank where the same have been occasioned by any fault or delay on the part of the bank.
(2) Any such order against a bank may be enforced as if the bank were a party to the proceeding.