Requests for attendance of person in Singapore
Open ↗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 that 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 that 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.
Penalty not to be imposed for refusal to consent
Open ↗10. Where, under 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.
Immunities and privileges
Open ↗11.—(1) A person who is in Singapore pursuant to a request made under section 9 must 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 were 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.
Limitation on use of statement
Open ↗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 —
(c)
must 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
(d)
may be admitted or used against him or her in any proceedings in Singapore —(i)
for the purpose of impeaching his or her credibility; or
(ii)
as evidence of any fact stated in that statement, of which direct oral evidence by him or her would be admissible,
if in giving evidence he or she makes a statement inconsistent with that statement.
[26/2015]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
