§ 31 — Powers of investigation

31.—(1) An inspecting officer or a compliance officer may do all or any of the following:(a)

where the inspecting officer or compliance officer reasonably believes a person to have committed an offence under this Act or contravened any provision of this Act — require that person to provide evidence of that person’s identity;

(b)

require any person whom the inspecting officer or compliance officer reasonably believes has —(i)

any information; or

(ii)

any document or article in the person’s possession, custody or control,

that the inspecting officer or compliance officer reasonably requires for any of the purposes of section 29(1), to provide, within a reasonable period specified by the inspecting officer or compliance officer, that information or produce that document or article, and to provide an explanation of the information or document;

(c)

issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29(1), to attend before an inspecting officer or compliance officer;

(d)

examine orally any person who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29(1) —(i)

whether before or after that person or anyone else is charged with an offence in connection with the matter; and

(ii)

whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter.

(2) The power to require a person to provide any information, document or article under subsection (1)(b) includes the power —(a)

if the information, document or article is not provided, to require the person to state, to the best of the knowledge and belief of the person, where it is; and

(b)

if the information is recorded otherwise than in legible form, to require the information to be made available to the inspecting officer or compliance officer in legible form.

(3) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.

(4) A statement made by any person examined under this section must —(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the person.

(5) If any person fails to comply with a written notice issued to the person under subsection (1)(c), an inspecting officer or a compliance officer may report the failure to a Magistrate who may then, in the Magistrate’s discretion, issue a warrant ordering that person to comply with the written notice.

(6) An inspecting officer or a compliance officer may make copies of any document or article produced under subsection (1)(b) for further investigation.

(7) An inspecting officer may take possession of any document or article produced under subsection (1)(b) for further investigation.

—(1) An inspecting officer or a compliance officer may do all or any of the following:(a)

where the inspecting officer or compliance officer reasonably believes a person to have committed an offence under this Act or contravened any provision of this Act — require that person to provide evidence of that person’s identity;

(b)

require any person whom the inspecting officer or compliance officer reasonably believes has —(i)

any information; or

(ii)

any document or article in the person’s possession, custody or control,

that the inspecting officer or compliance officer reasonably requires for any of the purposes of section 29(1), to provide, within a reasonable period specified by the inspecting officer or compliance officer, that information or produce that document or article, and to provide an explanation of the information or document;

(c)

issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29(1), to attend before an inspecting officer or compliance officer;

(d)

examine orally any person who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29(1) —(i)

whether before or after that person or anyone else is charged with an offence in connection with the matter; and

(ii)

whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter.

(2) The power to require a person to provide any information, document or article under subsection (1)(b) includes the power —(a)

if the information, document or article is not provided, to require the person to state, to the best of the knowledge and belief of the person, where it is; and

(b)

if the information is recorded otherwise than in legible form, to require the information to be made available to the inspecting officer or compliance officer in legible form.

(3) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.

(4) A statement made by any person examined under this section must —(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the person.

(5) If any person fails to comply with a written notice issued to the person under subsection (1)(c), an inspecting officer or a compliance officer may report the failure to a Magistrate who may then, in the Magistrate’s discretion, issue a warrant ordering that person to comply with the written notice.

(6) An inspecting officer or a compliance officer may make copies of any document or article produced under subsection (1)(b) for further investigation.

(7) An inspecting officer may take possession of any document or article produced under subsection (1)(b) for further investigation.