Taking of evidence for criminal proceedings
Open ↗21.—(1) Where the appropriate authority of a foreign country makes a request 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 written notice, authorise a Magistrate to take the evidence.[Act 42 of 2024 wef 28/03/2025]
(2) Subject to any conditions that the Attorney‑General may specify in the written notice made under subsection (1), upon receipt of that notice, the Magistrate is to —(a)
take the evidence of each witness appearing before the Magistrate 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 the Magistrate; and
(c)
cause the writing, so certified, to be sent to the Attorney‑General.[Act 42 of 2024 wef 28/03/2025]
(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 the person’s legal representative, if any.
(4) The certificate referred to in subsection (2) must state whether the person to whom the criminal proceedings in the foreign country relates or the person’s 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 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) A person who is required under this section to give evidence for the purposes of any criminal proceedings in a foreign country must not 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.
(8A) The Attorney‑General may transmit the certified evidence referred to in subsection (2) to the appropriate authority that requested that evidence.[Act 42 of 2024 wef 28/03/2025]
(9) Evidence taken under this section is not admissible in evidence, and must not be 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.
Taking statements for criminal investigations
Open ↗21A.—(1) Where the appropriate authority of a foreign country makes a request that a statement be taken from a person (specified in the request) in Singapore for the purposes of any criminal investigation in the foreign country, the Attorney‑General may, by written notice, direct an authorised officer to take the statement from the person.
(2) Subject to any conditions that the Attorney‑General may specify in the written notice made under subsection (1), upon receipt of the written notice, the authorised officer must do all of the following:(a)
require the person to attend before the authorised officer;
(b)
examine orally the person;
(c)
record the statement made by the person —(i)
in writing; or
(ii)
in the form of an audiovisual recording;
(d)
if the statement is recorded in writing and —(i)
if the person understands English — read over the statement to the person; or
(ii)
if the person does not understand English — ensure that the statement is interpreted for the person in a language that the person understands;
(e)
require the person to sign the statement, if it is in writing;
(f)
send the statement to the Attorney‑General.
(3) If the person fails to attend as required under subsection (2)(a), the authorised officer may report the matter to a Magistrate who may then issue a warrant ordering the person to attend before the authorised officer.
(4) The Attorney‑General may transmit a statement mentioned in subsection (2)(f) to the appropriate authority that requested that statement.
(5) A statement taken under this section is not admissible in evidence, and must not be otherwise used, for the purposes of any judicial proceedings, disciplinary proceedings, or other proceedings, in Singapore.[Act 42 of 2024 wef 28/03/2025]
Production orders for criminal matters
Open ↗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 the Attorney‑General 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 or VCC must be made only to the General Division of the High Court.[44/2018; 40/2019]
(3) If, on such an application, the court is satisfied that the conditions 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 must —(a)
produce the thing to an authorised officer for the authorised officer to take away; or
(b)
give an authorised officer access to the thing,
within 7 days of the date of the order or any other period that the court considers appropriate.
(4) The conditions mentioned 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 in which the order mentioned in subsection (3) is made are to be conducted in the absence of the person to whom the criminal proceedings in the foreign country relates or of the person’s legal representative (if any), unless the court orders otherwise.[Act 42 of 2024 wef 28/03/2025]
(6) A 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 must not 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) If the court hears oral arguments for any proceedings under subsection (3), those proceedings must be heard in private.[Act 25 of 2021 wef 01/04/2022]
[Act 42 of 2024 wef 28/03/2025]
Supplementary provisions regarding production orders
Open ↗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 the authorised officer 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) has 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) has 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)
does not confer any right to the production of, or of access to, items subject to legal privilege; and
(b)
has effect despite 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), the officer may retain the thing, photograph or copy for 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 those 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); or
(d)
can be used to retrieve information whether the information is recorded or stored in the equipment itself or in other equipment (wherever situated).
Immunities
Open ↗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 the person had produced or given access to the thing in good faith in compliance with an order made against the person under section 22; or
(b)
doing or omitting to do any act if the person 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 is not to 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.
Failure to comply with production order
Open ↗25. A person who —(a)
without reasonable excuse contravenes or fails to comply with an order under section 22; or
(b)
in purported compliance with that 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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
