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 31/12/2001.
PART II
REQUESTS BY SINGAPORE
6. A request for assistance under this Part may be made to any foreign country.
8.
—(1) The Attorney-General may request the appropriate authority of a foreign country to arrange for —
(a)
evidence to be taken in the foreign country; and
(b)
the evidence to be sent to the Attorney-General,
if the Attorney-General is satisfied that there are reasonable grounds for believing that such evidence would be relevant to any criminal proceedings in Singapore.
(2) The Attorney-General may request the appropriate authority of a foreign country —
(a)
to assist in obtaining, by search and seizure if necessary, any thing in the foreign country or a photograph or copy thereof; and
(b)
to arrange for the thing or the photograph or copy thereof to be sent to the Attorney-General,
if the Attorney-General is satisfied that there are reasonable grounds for believing that such thing would be relevant to a criminal matter in Singapore.
(3) Any evidence, thing or photograph or copy of a thing received by the Attorney-General pursuant to a request under subsection (1) or (2) may, subject to the provisions of the Criminal Procedure Code (Cap. 68) and the Evidence Act (Cap. 97), be admitted as evidence at any criminal proceedings to which the request relates.
(4) In estimating the weight, if any, to be attached to a statement contained in any thing received by the Attorney-General pursuant to a request made under subsection (1) which has been admitted as evidence in any criminal proceedings to which the request relates, the court shall have regard to —
(a)
whether it was possible to challenge the statement by questioning the person who made it; and
(b)
whether the law of the foreign country concerned allowed the parties to the criminal proceedings to be legally represented when the evidence was being taken.
9.
—(1) Where the Attorney-General is satisfied that —
(a)
there are reasonable grounds to believe that a person in a foreign country is capable of giving evidence or assistance relevant to a criminal matter involving a Singapore offence; and
(b)
that person consents to travel to Singapore for the purpose of giving such evidence or assistance,
the Attorney-General may request the appropriate authority of the foreign country to assist in arranging for the attendance of the person in Singapore for the purpose of giving such evidence or assistance.
(2) The Attorney-General may make arrangements with the appropriate authority of the foreign country for the purposes of —
(a)
the removal of the person to Singapore;
(b)
the return of the person to the foreign country; and
(c)
other relevant matters.
10. Where, pursuant to section 9, the Attorney-General requests the assistance of the appropriate authority of a foreign country in arranging the attendance, in Singapore, of any person, the person to whom the request relates 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 consent to attend as requested.
11.
—(1) A person who is in Singapore pursuant to a request made under section 9 shall not —
(a)
be detained, prosecuted or punished in Singapore for any offence that is alleged to have been committed, or that was committed, before the person’s departure from the foreign country concerned pursuant to the request;
(b)
be subjected to any civil suit in respect of any act or omission that is alleged to have occurred, or that had occurred, before the person’s departure from the foreign country pursuant to the request, being a civil suit to which the person could not be subjected if that person was not in Singapore; or
(c)
be required to give evidence or assistance in relation to any criminal matter in Singapore other than the criminal matter to which the request relates.
(2) Subsection (1) ceases to apply if —
(a)
the person has left Singapore; or
(b)
the person has had the opportunity of leaving Singapore and has remained in Singapore otherwise than for —
(i)
the purpose to which the request relates; or
(ii)
the purpose of giving evidence or assistance in a criminal matter in Singapore certified by the Attorney-General, in writing, to be a criminal matter in which it is desirable that the person gives evidence or assistance.
(3) A certificate given by the Attorney-General under subsection (2)(b)(ii) has effect from the day specified in the certificate, which may be a day before the day on which the certificate is given.
12. Where —
(a)
a person is in Singapore pursuant to a request made under section 9; and
(b)
the person has made a statement in relation to the criminal matter to which the request relates or in relation to a criminal matter certified by the Attorney-General under section 11(2)(b)(ii),
that statement —
(i)
shall not be admitted or otherwise used in any prosecution of the person for an offence against the law of Singapore (other than for the offence of perjury, or contempt of court, in relation to the giving of that evidence) unless the appropriate authority of the foreign country concerned consents to its being so used; but
(ii)
may be admitted or used against him in any criminal proceedings in Singapore —
(A)
for the purpose of impeaching his credibility; or
(B)
as evidence of any fact stated in that statement, of which direct oral evidence by him would be admissible,
if in giving evidence he makes a statement inconsistent with that statement.
13.
—(1) The Attorney-General may request the appropriate authority of a foreign country to make arrangements —
(a)
for the enforcement and satisfaction of a Singapore confiscation order; or
(b)
where a Singapore confiscation order may be made in criminal proceedings which have been or are to be instituted in Singapore, to restrain dealing in any property against which the order may be enforced or which may be available to satisfy the order,
if the Attorney-General is satisfied that there are reasonable grounds for believing that some or all of the property concerned is located in that country.
(2) Where —
(a)
the Singapore confiscation order requires the payment of a specified amount; and
(b)
property is recovered in a foreign country pursuant to a request under subsection (1),
that specified amount shall be reduced by the value of property so recovered.
(3) A certificate purporting to be issued by or on behalf of the appropriate authority of a foreign country stating —
(a)
that property has been recovered in the foreign country pursuant to a request under subsection (1); or
(b)
the value of the property or the date on which it was recovered,
shall, in any judicial proceedings, be admissible as evidence of the matter so stated.
(4) Where the value of property recovered is expressed in a currency other than that of Singapore, the extent to which the amount payable under the Singapore confiscation order is to be reduced under subsection (3) shall be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the foreign country concerned.
(5) For the purposes of subsection (4), a certificate purporting to be 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 matter so stated.
14. Where the Attorney-General is satisfied that there are reasonable grounds for believing that there is, in any foreign country, a person who —
(a)
is or might be concerned in or affected by; or
(b)
could give or provide evidence or assistance relevant to,
any criminal matter in Singapore, the Attorney-General may request that country to assist in locating or, if the person’s identity is unknown, in identifying and locating that person.
15. The Attorney-General may request the appropriate authority of a foreign country to assist in effecting service of any process where the Attorney-General is satisfied that, for the purposes of, or in connection with, any criminal matter in Singapore, it is necessary or desirable to serve that process on a person or authority in that country.