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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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Requests for attendance of person in foreign country
26.
—(1)  The appropriate authority of a prescribed foreign country may request the Attorney-General to assist in arranging the attendance, in that country, of a person in Singapore for the purposes of giving or providing evidence or assistance in relation to a criminal matter in that country.
(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 the foreign country involving a foreign offence;
(b)
there are reasonable grounds to believe that the person concerned is capable of giving or providing evidence or assistance relevant to the criminal matter;
(c)
the person concerned has freely consented to attend as requested;
(d)
the person is not —
(i)
a prisoner within the meaning of section 2 of the Prisons Act (Cap. 247); or
(ii)
otherwise under detention in a prescribed institution; and
(e)
the appropriate authority has given adequate undertakings in respect of the matters referred to in subsection (3),
the Attorney-General may assist in making arrangements for the travel of the person to the foreign country.
(3)  The matters in relation to which undertakings are to be given by the appropriate authority are —
(a)
that the person shall not —
(i)
be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Singapore;
(ii)
be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that had occurred, before the person’s departure from Singapore, being a civil suit to which the person could not be subjected if that person was not in the foreign country; or
(iii)
be required to give evidence or assistance in relation to any criminal matter in the foreign country other than the criminal matter to which the request relates,
unless —
(A)
the person has left the foreign country; or
(B)
the person has had the opportunity of leaving the foreign country and has remained in the foreign country otherwise than for the purpose of giving or providing evidence or assistance in relation to the criminal matter to which the request relates;
(b)
that any evidence given by the person in the criminal proceedings to which the request relates (if any) will be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against the law of the foreign country, other than for the offence of perjury, or contempt of court, in relation to the giving of that evidence;
(c)
that the person will be returned to Singapore in accordance with arrangements agreed to by the Attorney-General; and
(d)
such other matters as the Attorney-General thinks appropriate.
(4)  Where, pursuant to this section, the appropriate authority of a foreign country requests the assistance of the Attorney-General in arranging the attendance, in that country, 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.