Request for search and seizure
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 under 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 the Attorney‑General, may apply to the court for a warrant under section 34 in respect of specified premises.
(3) An application for a warrant under section 34 in respect of any thing in the possession of a financial institution or VCC must be made to the General Division of the High Court.[44/2018; 40/2019]
(4) An application for a warrant under section 34 in respect of any thing in the possession of a financial institution or VCC must not be made unless that thing can be particularised.[44/2018]
Search warrants
34.—(1) On an application under 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 mentioned in subsection (1)(b) are —(a)
that there are reasonable grounds for suspecting that a specified person has carried on or has 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 is 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 warrant to be issued.[6/2006]
(3) A warrant issued under this section is subject to any conditions that the court may specify in the warrant.
Additional powers of person executing search warrant, etc.
35.—(1) Where an authorised officer has entered premises in the execution of a warrant issued under section 34, he or she 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 or she 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 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.
Immunities
36.—(1) No civil or criminal action 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 a warrant issued under section 34; 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 a warrant.
(2) A person who complies with a warrant issued under section 34 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.
