§ 20 — Power to order production of any document or other thing

20.—(1) Where a police officer of or above the rank of sergeant, or an authorised person, considers that any document or thing (other than a document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —(a)

issue a written order to require a person in whose possession or power the document or thing is believed to be —(i)

to produce the document or thing at the time and place stated in the order;

(ii)

to give a police officer or an authorised person access to the document or thing; or

(iii)

in the case of a document or thing that is in electronic form —(A)

to produce a copy of the document or thing, at the time and place stated in the order; or

(B)

to give a police officer or an authorised person access to a copy of the document or thing; or

(b)

in the case of a document or thing that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the document or thing from that computer —(i)

to produce a copy of the document or thing, at the time and place stated in the order; or

(ii)

to give a police officer or an authorised person access to a copy of the document or thing.[19/2018; 10/2021]

(1A) Without limiting subsection (1), where a police officer of or above the rank of sergeant, or an authorised person, considers that any data (other than data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —(a)

issue a written order to require a person in whose possession or power the data is believed to be —(i)

to authenticate the data; and

(ii)

to produce the data, at the time and place stated in the order; or

(b)

in the case of any data that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the data from that computer —(i)

to authenticate a copy of the data; and

(ii)

to produce a copy of the data, at the time and place stated in the order.[19/2018; 10/2021]

(2) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a financial institution (other than a specified institution), or access to customer information kept by a financial institution (other than a specified institution) —(a)

may only be made by a police officer of or above the rank of inspector, or an authorised person; and

(b)

may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period.[19/2018]

[Act 5 of 2024 wef 01/08/2024]

(2A) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a specified institution, or access to customer information kept by a specified institution —(a)

may only be made by —(i)

a police officer of or above the rank of inspector;

(ii)

an authorised person mentioned in paragraph (a) of the definition of “authorised person” in subsection (9); or

(iii)

an authorised person mentioned in paragraph (b) of the definition of “authorised person” in subsection (9) who is investigating an offence under a specified law; and

(b)

may require the specified institution to monitor any account of a customer of the specified institution for a period of time and provide such information relating to the transactions carried out in the account during that period.[Act 5 of 2024 wef 01/08/2024]

(3) If any document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(a)

to deliver that document or thing, at the time and place stated in the order, to a person stated in the order; or

(b)

in the case of a document or thing that is in electronic form or is contained in or available to a computer — to deliver a copy of that document or thing, at the time and place stated in the order, to a person stated in the order.[19/2018; 10/2021]

(3A) Without limiting subsection (3), if any data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may —(a)

issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(i)

to authenticate the data; and

(ii)

to produce the data, at the time and place stated in the order; or

(b)

in the case of any data that is contained in or available to a computer — issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(i)

to authenticate a copy of the data; and

(ii)

to produce a copy of the data, at the time and place stated in the order.[19/2018; 10/2021]

(4) If a person is required merely to produce any document, thing, data or copy, the person may comply with that requirement by causing the document, thing, data or copy to be produced instead of bringing it in person.[19/2018]

(5) A police officer, or an authorised person, may exercise the powers conferred under this section despite any provision in any other law relating to the production of, or the giving of any access to, any document or thing, or data.[19/2018]

(6) The cost incurred by a person in complying with any requirement or written order under this section, or any requirement under any regulations in respect of any matter mentioned in section 428(2)(d), is to be borne by the person.[19/2018; 14/2019]

(7) Any person who fails to comply with a written order issued under subsection (1), (1A), (3) or (3A), shall be guilty of an offence and shall be liable on conviction —(a)

in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000;

(b)

in any case where the person is an individual, and the written order states that it is issued for the investigation or trial of an arrestable offence — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or

(c)

in any other case — to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.[19/2018]

(8) No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything in complying with any written order issued under subsection (1), (1A), (3) or (3A), or with any requirement under any regulations in respect of any matter mentioned in section 428(2)(d).[19/2018; 14/2019]

(9) In this section —“authorised person” means —(a)

any person who is authorised in writing by the Commissioner of Police for the purposes of this section;

(b)

any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b), (c) or (d) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or

(c)

any other officer of a prescribed law enforcement agency mentioned in paragraph (e) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section;

“customer information” —(a)

in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank;

(b)

in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005; and

(c)

in relation to any other financial institution, means any information relating to, or any particulars of, an account of a customer of the financial institution or funds of a customer under management by the financial institution, but does not include any information that is not referable to any named person or group of named persons;

“prescribed law enforcement agency” means —(a)

the Inland Revenue Authority of Singapore;

(b)

the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders;

(c)

the Singapore Customs;

(d)

the Gambling Regulatory Authority of Singapore; or

(e)

any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;

“specified institution” means a financial institution that is any of the following:(a)

a bank or merchant bank within the meaning of section 2(1) of the Banking Act 1970;

(b)

a licensed trust company within the meaning of section 2 of the Trust Companies Act 2005;

“specified law” means —(a)

in relation to an offence investigated by the Inland Revenue Authority of Singapore —(i)

the Goods and Services Tax Act 1993; or

(ii)

the Income Tax Act 1947;

(b)

in relation to an investigation into an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders —(i)

the Employment Agencies Act 1958;

(ii)

the Employment of Foreign Manpower Act 1990; or

(iii)

the Prevention of Human Trafficking Act 2014;

(c)

in relation to an offence investigated by the Singapore Customs —(i)

the Chemical Weapons (Prohibition) Act 2000;

(ii)

the Customs Act 1960;

(iii)

the Free Trade Zones Act 1966;

(iv)

the Regulation of Imports and Exports Act 1995;

(v)

the Strategic Goods (Control) Act 2002; or

(vi)

the United Nations Act 2001; and

(d)

in relation to an offence investigated by the Gambling Regulatory Authority of Singapore —(i)

the Casino Control Act 2006; or

(ii)

the Gambling Control Act 2022.[Act 5 of 2024 wef 01/08/2024]

—(1) Where a police officer of or above the rank of sergeant, or an authorised person, considers that any document or thing (other than a document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —(a)

issue a written order to require a person in whose possession or power the document or thing is believed to be —(i)

to produce the document or thing at the time and place stated in the order;

(ii)

to give a police officer or an authorised person access to the document or thing; or

(iii)

in the case of a document or thing that is in electronic form —(A)

to produce a copy of the document or thing, at the time and place stated in the order; or

(B)

to give a police officer or an authorised person access to a copy of the document or thing; or

(b)

in the case of a document or thing that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the document or thing from that computer —(i)

to produce a copy of the document or thing, at the time and place stated in the order; or

(ii)

to give a police officer or an authorised person access to a copy of the document or thing.[19/2018; 10/2021]

(1A) Without limiting subsection (1), where a police officer of or above the rank of sergeant, or an authorised person, considers that any data (other than data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —(a)

issue a written order to require a person in whose possession or power the data is believed to be —(i)

to authenticate the data; and

(ii)

to produce the data, at the time and place stated in the order; or

(b)

in the case of any data that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the data from that computer —(i)

to authenticate a copy of the data; and

(ii)

to produce a copy of the data, at the time and place stated in the order.[19/2018; 10/2021]

(2) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a financial institution (other than a specified institution), or access to customer information kept by a financial institution (other than a specified institution) —(a)

may only be made by a police officer of or above the rank of inspector, or an authorised person; and

(b)

may require the financial institution to monitor any account of a customer of the financial institution for a period of time and provide such information relating to the transactions carried out in the account during that period.[19/2018]

[Act 5 of 2024 wef 01/08/2024]

(2A) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a specified institution, or access to customer information kept by a specified institution —(a)

may only be made by —(i)

a police officer of or above the rank of inspector;

(ii)

an authorised person mentioned in paragraph (a) of the definition of “authorised person” in subsection (9); or

(iii)

an authorised person mentioned in paragraph (b) of the definition of “authorised person” in subsection (9) who is investigating an offence under a specified law; and

(b)

may require the specified institution to monitor any account of a customer of the specified institution for a period of time and provide such information relating to the transactions carried out in the account during that period.[Act 5 of 2024 wef 01/08/2024]

(3) If any document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(a)

to deliver that document or thing, at the time and place stated in the order, to a person stated in the order; or

(b)

in the case of a document or thing that is in electronic form or is contained in or available to a computer — to deliver a copy of that document or thing, at the time and place stated in the order, to a person stated in the order.[19/2018; 10/2021]

(3A) Without limiting subsection (3), if any data in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may —(a)

issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(i)

to authenticate the data; and

(ii)

to produce the data, at the time and place stated in the order; or

(b)

in the case of any data that is contained in or available to a computer — issue a written order to require the Postal Authority, public postal licensee or public parcel locker network operator, as the case may be —(i)

to authenticate a copy of the data; and

(ii)

to produce a copy of the data, at the time and place stated in the order.[19/2018; 10/2021]

(4) If a person is required merely to produce any document, thing, data or copy, the person may comply with that requirement by causing the document, thing, data or copy to be produced instead of bringing it in person.[19/2018]

(5) A police officer, or an authorised person, may exercise the powers conferred under this section despite any provision in any other law relating to the production of, or the giving of any access to, any document or thing, or data.[19/2018]

(6) The cost incurred by a person in complying with any requirement or written order under this section, or any requirement under any regulations in respect of any matter mentioned in section 428(2)(d), is to be borne by the person.[19/2018; 14/2019]

(7) Any person who fails to comply with a written order issued under subsection (1), (1A), (3) or (3A), shall be guilty of an offence and shall be liable on conviction —(a)

in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000;

(b)

in any case where the person is an individual, and the written order states that it is issued for the investigation or trial of an arrestable offence — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or

(c)

in any other case — to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.[19/2018]

(8) No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything in complying with any written order issued under subsection (1), (1A), (3) or (3A), or with any requirement under any regulations in respect of any matter mentioned in section 428(2)(d).[19/2018; 14/2019]

(9) In this section —“authorised person” means —(a)

any person who is authorised in writing by the Commissioner of Police for the purposes of this section;

(b)

any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b), (c) or (d) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or

(c)

any other officer of a prescribed law enforcement agency mentioned in paragraph (e) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section;

“customer information” —(a)

in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank;

(b)

in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005; and

(c)

in relation to any other financial institution, means any information relating to, or any particulars of, an account of a customer of the financial institution or funds of a customer under management by the financial institution, but does not include any information that is not referable to any named person or group of named persons;

“prescribed law enforcement agency” means —(a)

the Inland Revenue Authority of Singapore;

(b)

the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders;

(c)

the Singapore Customs;

(d)

the Gambling Regulatory Authority of Singapore; or

(e)

any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;

“specified institution” means a financial institution that is any of the following:(a)

a bank or merchant bank within the meaning of section 2(1) of the Banking Act 1970;

(b)

a licensed trust company within the meaning of section 2 of the Trust Companies Act 2005;

“specified law” means —(a)

in relation to an offence investigated by the Inland Revenue Authority of Singapore —(i)

the Goods and Services Tax Act 1993; or

(ii)

the Income Tax Act 1947;

(b)

in relation to an investigation into an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders —(i)

the Employment Agencies Act 1958;

(ii)

the Employment of Foreign Manpower Act 1990; or

(iii)

the Prevention of Human Trafficking Act 2014;

(c)

in relation to an offence investigated by the Singapore Customs —(i)

the Chemical Weapons (Prohibition) Act 2000;

(ii)

the Customs Act 1960;

(iii)

the Free Trade Zones Act 1966;

(iv)

the Regulation of Imports and Exports Act 1995;

(v)

the Strategic Goods (Control) Act 2002; or

(vi)

the United Nations Act 2001; and

(d)

in relation to an offence investigated by the Gambling Regulatory Authority of Singapore —(i)

the Casino Control Act 2006; or

(ii)

the Gambling Control Act 2022.[Act 5 of 2024 wef 01/08/2024]