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Contents

Long Title

Part I PRELIMINARY

Part II REQUESTS BY SINGAPORE

Division 1 — Preliminary Provisions

Division 2 — Assistance in Obtaining Evidence

Division 3 — Assistance in Arranging Attendance of Person in Singapore

Division 4 — Assistance in Enforcing Singapore Confiscation Orders

Division 5 — Assistance in Locating or Identifying Persons

Division 6 — Assistance in Service of Process

Part III REQUESTS TO SINGAPORE

Division 1 — Preliminary Provisions

Division 2 — Assistance in Obtaining Evidence

Division 3 — Assistance in Arranging Attendance of Person in Foreign Country

Division 4 — Custody of Persons in Transit through Singapore

Division 5 — Enforcement of Foreign Confiscation Order, etc.

Division 6 — Assistance in Search and Seizure

Division 7 — Assistance in Locating or Identifying Persons

Division 8 — Assistance in Service of Process

Part IV MISCELLANEOUS PROVISIONS

THE SCHEDULE Enforcement of Foreign Confiscation Orders

Legislative History

Comparative Table

 
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On 22/05/2013, you requested for the version in force on 22/05/2013 incorporating all amendments published on or before 22/05/2013. The closest version currently available is that of 31/12/2001.
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Division 6 — Assistance in Search and Seizure
Request for search and seizure
33.
—(1)  The appropriate authority of a prescribed foreign country may request the Attorney-General to assist in obtaining any thing by search or seizure.
(2)  Where, on receipt of a request referred to in subsection (1), the Attorney-General is satisfied that —
(a)
the request relates to a criminal matter in that country in respect of a foreign offence; and
(b)
there are reasonable grounds for believing that the thing to which the request relates is relevant to the criminal matter and is located in Singapore,
the Attorney-General, or an authorised officer directed by him, may apply to the court for a warrant referred to in section 34 in respect of specified premises.
(3)  An application for a warrant referred to in section 34 in respect of any thing in the possession of a financial institution shall be made to the High Court.
(4)  An application for a warrant referred to in section 34 in respect of any thing in the possession of a financial institution shall not be made unless that thing can be particularised.
Search warrants
34.
—(1)  On an application referred to in section 33, the court may issue a warrant authorising an authorised officer to enter and search the specified premises if the court is satisfied that —
(a)
an order made under section 22 in relation to any thing on the premises has not been complied with; or
(b)
the conditions in subsection (2) are fulfilled.
(2)  The conditions referred to in subsection (1)(b) are that —
(a)
there are reasonable grounds for suspecting that a specified person has carried on or has benefited from a foreign offence;
(b)
there are reasonable grounds for believing that the thing to which the application relates —
(i)
is likely to be of substantial value (whether by itself or together with another thing) to the criminal matter in respect of which the application is made; and
(ii)
does not consist of or include items subject to legal privilege; or
(c)
the court is satisfied that it is not contrary to the public interest for the warrant to be issued.
(3)  A warrant issued under this section shall be subject to such conditions as the court may specify in the warrant.
Additional powers of person executing search warrant, etc.
35.
—(1)  Where an authorised officer has entered premises in the execution of a warrant issued under section 34, he may seize and retain any thing that is specified in the warrant, other than items subject to legal privilege.
(2)  An authorised officer may photograph or make a copy of any thing seized under subsection (1).
(3)   Where an authorised officer seizes, photographs or makes a copy of any thing under a warrant, he may retain the thing, photograph or copy for a period of up to one month pending a written direction from the Attorney-General as to the manner in which the thing, photograph or copy is to be dealt with (which may include a direction that that thing, photograph or copy be sent to the appropriate authority of the foreign country concerned).
(4)  Any person who hinders or obstructs an authorised officer in the execution of a warrant issued under section 34 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Immunities
36.
—(1)  No civil or criminal action shall lie against any person for —
(a)
producing or giving access to any thing if he had produced or given access to the thing in good faith in compliance with a warrant issued under section 34; or
(b)
doing or omitting to do any act if he had done or omitted to do the act in good faith and as a result of complying with such a warrant.
(2)  A person who complies with a warrant issued under section 34 shall not be treated as being in breach of any restriction upon the disclosure of information or thing imposed by law, contract or rules of professional conduct.