On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 31/12/2001.
PART III
REQUESTS TO SINGAPORE
16. Unless otherwise stated in this Part, assistance under this Part may be provided to any foreign country.
17.
—(1) The Minister may, for the purposes of this Part, by order declare a foreign country as a prescribed foreign country if there is in force a treaty, memorandum of understanding or other agreement between Singapore and that country under which that country has agreed to provide assistance in criminal matters to Singapore.
(2) An order under subsection (1) may provide that the provisions of this Part shall apply to the foreign country subject to such conditions, exceptions or qualifications as are specified in the order, and in that event the provisions of this Part shall apply accordingly.
(3) The Minister may by a subsequent order vary or revoke any order previously made under this section.
18. Assistance under this Part may be provided to a foreign country subject to such conditions as the Attorney-General determines in any particular case or class of cases.
19.
—(1) Every request by a foreign country to Singapore for assistance under this Part shall be made to the Attorney-General.
(2) Every request shall —
(a)
specify the purpose of the request and the nature of the assistance being sought;
(b)
identify the person or authority that initiated the request; and
(c)
be accompanied by —
(i)
a certificate from the appropriate authority of that country that the request is made in respect of a criminal matter within the meaning of this Act;
(ii)
a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;
(iii)
where the request relates to —
(A)
the location of a person who is suspected to be involved in or to have benefited from the commission of an offence; or
(B)
the tracing of property that is suspected to be connected with an offence,
the name, identity, nationality, location or description of that person, or the location and description of the property, if known, and a statement setting forth the basis for suspecting the matter referred to in sub-paragraph (A) or (B);
(iv)
a description of the offence to which the criminal matter relates, including its maximum penalty;
(v)
details of the procedure that that country wishes to be followed by Singapore in giving effect to the request, including details of the manner and form in which any information or thing is to be supplied to that country pursuant to the request;
(vi)
where the request is for assistance relating to an ancillary criminal matter and judicial proceedings to obtain a foreign confiscation order have not been instituted in that country, a statement indicating when they are likely to be instituted;
(vii)
a statement setting out the wishes of that country concerning the confidentiality of the request and the reason for those wishes;
(viii)
details of the period within which that country wishes the request to be met;
(ix)
if the request involves a person travelling from Singapore to that country, details of allowances to which the person will be entitled, and of the arrangements for accommodation for the person while he is in that country pursuant to the request;
(x)
any other information required to be included with the request under any treaty, memorandum of understanding or other agreement between Singapore and that country; and
(xi)
any other information that may assist in giving effect to the request or which is required under the provisions of this Act.
20.
—(1) A request by a foreign country for assistance under this Part shall be refused if, in the opinion of the Attorney-General —
(a)
the appropriate authority of that country has, in respect of that request, failed to comply with the terms of any treaty, memorandum of understanding or other agreement between Singapore and that country;
(b)
the request relates to the investigation, prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character;
(c)
the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore;
(d)
there are substantial grounds for believing that the request was made for the purpose of investigating, prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, religion, sex, ethnic origin, nationality or political opinions;
(e)
the request relates to the investigation, prosecution or punishment of a person for an offence in a case where the person —
(i)
has been convicted, acquitted or pardoned by a competent court or other authority in that country; or
(ii)
has undergone the punishment provided by the law of that country,
in respect of that offence or of another offence constituted by the same act or omission as the first-mentioned offence;
(f)
the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Singapore, would not have constituted a Singapore offence;
(g)
the offence to which the request relates is not an offence of sufficient gravity;
(h)
the thing requested for is of insufficient importance to the investigation or could reasonably be obtained by other means;
(i)
it is contrary to public interest to provide the assistance;
(j)
the appropriate authority fails to undertake that the thing requested for will not be used for a matter other than the criminal matter in respect of which the request was made, except with the consent of the Attorney-General;
(k)
in the case of a request for assistance under Division 2 or 6, the appropriate authority fails to undertake to return to the Attorney-General, upon his request, any thing obtained pursuant to the request upon completion of the criminal matter in respect of which the request was made; or
(l)
the provision of the assistance could prejudice a criminal matter in Singapore.
(2) A request by a foreign country for assistance under this Part may be refused by the Attorney-General —
(a)
pursuant to the terms of any treaty, memorandum of understanding or other agreement between Singapore and that country;
(b)
if, in the opinion of the Attorney-General, the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in Singapore or elsewhere);
(c)
if, in the opinion of the Attorney-General, the provision of the assistance would impose an excessive burden on the resources of Singapore; or
(d)
if that country is not a prescribed foreign country and the appropriate authority of that country fails to give an undertaking to the Attorney-General that that country will, subject to its laws, comply with a future requirement by Singapore to that country for assistance in a criminal matter.
21.
—(1) Where a request is made by the appropriate authority of a foreign country that evidence be taken in Singapore for the purposes of any criminal proceedings pending in a court in the foreign country, the Attorney-General may by notice in writing, subject to such conditions as the Attorney-General may specify in the notice, authorise a Magistrate to take the evidence and transmit the evidence to the appropriate authority.
(2) Upon receipt of the notice made under subsection (1), the Magistrate shall —
(a)
take the evidence of each witness appearing before him to give evidence in relation to the criminal matter as if the witness were giving evidence on a charge against a person for an offence against the law of Singapore;
(b)
cause the evidence to be reduced in writing and certify at the end of that writing that the evidence was taken by him; and
(c)
cause the writing, so certified, to be sent to the Attorney-General.
(3) The proceedings may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of his legal representative (if any).
(4) The certificate referred to in subsection (2) shall state whether the person to whom the criminal proceedings in the foreign country relates or his legal representative (if any) was present at the proceedings.
(5) The laws for the time being in force with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against a person for an offence against the law of Singapore shall apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section.
(6) For the purposes of this section, the person to whom the criminal proceedings in the foreign country relates is competent, but not compellable, to give evidence.
(7) No person who is required under this section to give evidence for the purposes of any criminal proceedings in a foreign country shall be required to answer any question that the person could not be compelled to answer in those proceedings in that country.
(8) A duly certified foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate.
(9) Evidence taken under this section shall not be admissible in evidence, or otherwise used, for the purposes of any judicial proceedings, disciplinary proceedings, or other proceedings, in Singapore except a prosecution of the person who gave that evidence for the offence of perjury, or contempt of court, in respect of that evidence.
22.
—(1) Where a request is made by the appropriate authority of a prescribed foreign country that any particular thing or description of thing in Singapore be produced for the purposes of any criminal matter in that country, the Attorney-General or a person duly appointed by him may apply to the court for an order under subsection (3).
(2) An application for an order under subsection (3) in relation to any thing in the possession of a financial institution shall be made only to the High Court.
(3) If, on such an application, the court is satisfied that the conditions referred to in subsection (4) are fulfilled, it may make an order that the person who appears to the court to be in possession of the thing to which the application relates shall —
(a)
produce the thing to an authorised officer for him to take away; or
(b)
give an authorised officer access to the thing,
within 7 days of the date of the order or such other period as the court considers appropriate.
(4) The conditions referred to in subsection (3) are —
(a)
that there are reasonable grounds for suspecting that a specified person has carried on or benefited from a foreign offence;
(b)
that 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 was made; and
(ii)
does not consist of or include items subject to legal privilege; and
(c)
that the court is satisfied that it is not contrary to the public interest for the thing to be produced or that access to it be given.
(5) The proceedings referred to in subsection (3) may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of his legal representative (if any).
(6) No person who is required by an order under this section to produce or make available any thing for the purposes of any criminal proceedings in a foreign country shall be required to produce any thing that the person could not be compelled to produce in the proceedings in that country.
(7) A duly certified foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate.
(8) Proceedings under subsection (3) shall be heard in camera.
23.
—(1) Where a court orders a person under section 22 to give an authorised officer access to any thing on any premises, it may, on the same or a subsequent application of an authorised officer, order any person who appears to him to be entitled to grant entry to the premises to allow an authorised officer to enter the premises to obtain access to the thing.
(2) Where any material to which an order under section 22 relates consists of information contained in or accessible by means of any data equipment —
(a)
an order under section 22(3)(a) shall have effect as an order to produce the material in a form which can be taken away and which is visible and legible; and
(b)
an order under section 22(3)(b) shall have effect as an order to give access to the material in a form which is visible and legible.
(3) A person is not excused from producing or making available any thing by an order under section 22 on the ground that —
(a)
the production or making available of the thing might tend to incriminate the person or make the person liable to a penalty; or
(b)
the production or making available of the thing would be in breach of an obligation (whether imposed by law or otherwise) of the person not to disclose the existence of the contents of the thing.
(4) An order under section 22 —
(a)
shall not confer any right to the production of, or of access to, items subject to legal privilege; and
(b)
shall have effect notwithstanding any obligations as to secrecy or other restrictions upon the disclosure of information imposed by statute or otherwise.
(5) An authorised officer may photograph or make copies of any thing produced or to which access is granted pursuant to an order made under section 22.
(6) Where an authorised officer takes possession of any thing under an order made under section 22 or takes any photograph or makes any copy of the thing under subsection (5), 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 the thing, photograph or copy be sent to the appropriate authority of the foreign country concerned).
(7) Rules of Court may provide for —
(a)
the discharge and variation of orders under section 22; and
(b)
proceedings relating to such orders.
(8) In this section, “data equipment” means any equipment which —
(a)
automatically processes information;
(b)
automatically records or stores information;
(c)
can be used to cause information to be automatically recorded, stored or otherwise processed on other equipment (wherever situated);
(d)
can be used to retrieve information whether the information is recorded or stored in the equipment itself or in other equipment (wherever situated).
24.
—(1) No civil or criminal action, other than a criminal action for an offence under section 25, 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 an order made against him under section 22; 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 an order.
(2) Any person who complies with an order made under section 22 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.
25. Any person who —
(a)
without reasonable excuse contravenes or fails to comply with an order under section 22; or
(b)
in purported compliance with such an order, produces or makes available to an authorised officer any material known to the person to be false or misleading in a material particular without —
(i)
indicating to the authorised officer that the material is false or misleading and the part that is false or misleading; or
(ii)
providing correct information to the authorised officer if the person is in possession of, or can reasonably acquire, the correct information,
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.
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.
27.
—(1) A person who is in custody in a foreign country and has consented to give evidence or assistance in relation to a criminal matter in another foreign country may be transported through Singapore, in the custody of another person, to that other foreign country, if the first-mentioned foreign country gives prior notice of this to the Attorney-General.
(2) Where one of the foreign countries is a prescribed foreign country, the person being transported through Singapore in custody may, if an aircraft, vessel or train by which the person is being transported lands or calls in Singapore, be kept in such custody in Singapore with such authorised officer as the Attorney-General directs in writing until his transportation is continued.
(3) Where —
(a)
a person is being held in custody pursuant to a direction under subsection (2); and
(b)
the person’s transportation is not, in the opinion of the Attorney-General, continued within a reasonable time,
the Attorney-General may direct that the person be transported in custody to the foreign country from which the person was first transported, and such direction shall be sufficient authority for that person’s removal from Singapore by such means as the Attorney-General directs.
28.
—(1) Any person who, being a person held in custody pursuant to a direction under section 27(2), escapes from custody shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(2) Any police officer may, without warrant, arrest a person if the police officer has reasonable grounds to believe that the person was a person referred to in subsection (1).
(3) A person who has been arrested shall be returned to custody in accordance with the direction.
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.
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.
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.
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.
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.
37.
—(1) The appropriate authority of a foreign country may request the Attorney-General to assist in locating, or identifying and locating, a person who is believed to be in Singapore.
(2) Where, on the receipt of a request made under subsection (1), the Attorney-General is satisfied that —
(a)
the request relates to a criminal matter in the foreign country;
(b)
there are reasonable grounds for believing that the person to whom the request relates —
(i)
is or might be concerned in, or could give or provide evidence or assistance relevant to, the criminal matter; and
(ii)
is in Singapore,
the Attorney-General may authorise, in writing, assistance in accordance with this section.
(3) Where, in relation to a request made under subsection (1), the Attorney-General authorises assistance in accordance with this section, the Attorney-General shall forward the request to the appropriate agency in Singapore.
(4) The agency referred to in subsection (3) shall use its best endeavours to locate or, as the case may be, identify and locate the person to whom the request relates, and shall advise the Attorney-General of the outcome of those endeavours.
(5) On receipt of such advice, the Attorney-General shall inform the appropriate authority of the result of the inquiries made pursuant to the request.
38.
—(1) The appropriate authority of a foreign country may request the Attorney-General to assist in effecting the service of process on a person in Singapore.
(2) Where, on receipt of a request made under subsection (1), the Attorney-General is satisfied —
(a)
that the request relates to a criminal matter in that country;
(b)
that there are reasonable grounds for believing that the person to be served is in Singapore;
(c)
the country has furnished sufficient details of the consequences of a failure to comply with such process; and
(d)
where the request relates to the service of a summons to appear as a witness in that country, that that country has given an adequate undertaking in respect of the matters specified in section 39,
the Attorney-General may authorise assistance in accordance with this section.
(3) Where service is authorised under subsection (2), the Attorney-General shall direct an authorised officer or a process server of the Supreme Court to arrange service, and in such a case the authorised officer or process server shall —
(a)
use his best endeavours to have the process served —
(i)
in accordance with procedures proposed in the request; or
(ii)
if those procedures would be unlawful or inappropriate in Singapore, or if no procedures are so proposed, in accordance with the Rules of Court; and
(b)
if the document —
(i)
is served, transmit to the Attorney-General for transmission to the appropriate authority a certificate by the Registrar of the Supreme Court as to service; or
(ii)
is not served, transmit to the Attorney-General for transmission to the appropriate authority a statement by the Registrar of the Supreme Court of the reasons which prevented the service.
(4) Rules of Court may provide for —
(a)
the documents and other information to accompany the service of process; and
(b)
the form of the certificate referred to in subsection (3)(b)(i) and the statement referred to in subsection (3)(b)(ii).
39. Where, pursuant to a request under section 38, the appropriate authority of a foreign country requests the assistance of the Attorney-General in effecting the service on any person of a summons to appear as a witness in that country, the Attorney-General shall, before authorising assistance in accordance with that section, obtain from the appropriate authority an undertaking that that person will not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to accept or comply with the summons, notwithstanding any contrary statement in the summons.
40. Where, pursuant to a request under section 38, the appropriate authority of a foreign country requests the assistance of the Attorney-General in effecting the service on any person of a summons to appear as a witness in that country, that person 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 accept or comply with the summons, notwithstanding any contrary statement in the summons.