Powers of monitoring and investigation
23.—(1) The Registrar may exercise all or any powers in this section for any of the following purposes:(a)
ascertaining whether the provisions of Part 3 are being complied with;
(b)
ascertaining whether any condition of registration or a written direction under section 22 is being complied with;
(c)
investigating any offence under this Act.
(2) The Registrar may —(a)
enter and inspect any place that the Registrar believes on reasonable grounds is used for the business of regulated dealing or business as an intermediary for regulated dealing, even if also used as a residence;
(b)
photograph or film, or make any record or sketch of, any part of the premises, or any thing at the place;
(c)
require any person at that place to produce or grant access to, without charge, any document or material reasonably required for any purpose in subsection (1), which is in the possession or under the control of that person;
(d)
require any person, whom the Registrar reasonably believes has any information or any document or material in the person’s possession, custody or control that is relevant for any of the purposes in subsection (1), to provide that information, or produce or grant access to that document or material;
(e)
inspect and make copies of or take extracts from any document or material provided under paragraph (c) or (d); and
(f)
take possession of the document or material if, in the Registrar’s opinion —(i)
the inspection or copying of or extraction from the document or material cannot reasonably be performed without taking possession;
(ii)
the document or material may be interfered with or destroyed unless possession is taken; or
(iii)
the document or material may be required as evidence for any regulatory action, or in any proceedings under this Act.
(3) Any power under this section to require a person to produce any document or to provide information includes the power —(a)
to take reasonable steps to require the person to produce the document or provide the information immediately or at a place and time specified in writing;
(b)
to require the person to provide an explanation of the document or information;
(c)
if the document or information is not produced or provided, to require the person to state, to the best of the person’s knowledge and belief, where the document or information is;
(d)
if the document or information is recorded otherwise than in legible form, to require the document or information to be made available in legible form; and
(e)
if the document or information is recorded in electronic form, to require the person to —(i)
provide assistance in gaining access to any computer or other equipment in which the document or information is stored; and
(ii)
provide the document or information, or a copy of the document or information, in a form or format specified by the Registrar.
(4) Any thing taken possession of by the Registrar under subsection (2) —(a)
must be placed in safe custody by the Registrar; and
(b)
unless ordered otherwise by the court, may be retained until the completion of the investigation or any proceedings (including proceedings on appeal) in which it may be in evidence.
Further powers of investigation
24.—(1) The Registrar may, for the purposes of investigating an offence under this Act, in addition to exercising the powers in section 23, do all or any of the following:(a)
issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter, to attend before the Registrar;
(b)
examine orally any person who appears to be acquainted with the facts or circumstances of the matter —(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;
(c)
without a warrant enter and search any place or premises in which the Registrar reasonably suspects that an offence under this Act has been or is being committed;
(d)
if free entry or access to the place or premises cannot be obtained under paragraph (c), the Registrar may, with any assistance that the Registrar considers necessary, break open any door, window, lock or fastener, or use any other reasonable means in order to gain entry or access into the place or premises.
(2) 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.
(3) 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.
(4) If any person fails to comply with a written notice issued to the person under subsection (1)(a), the Registrar may report the failure to a Magistrate who may then issue a warrant ordering that person to comply with the written notice.
Power to seize property, etc., in certain circumstances
25.—(1) The Registrar may seize any property —(a)
in respect of which a contravention of this Act is suspected to have been committed;
(b)
that is suspected to have been used or intended to be used in a contravention of this Act; or
(c)
that is suspected to constitute evidence of a contravention of this Act.
(2) Subsection (1) does not apply to property held or suspected to be held in an account or a safe deposit box in a financial institution.
(3) The occupier or person in charge of a place from which property is to be seized under subsection (1), or a representative of the occupier or person in charge, may attend during the seizure.
(4) The Registrar must prepare and sign a list of any property seized under subsection (1), recording the location from which each item of property is seized.
(5) A signed copy of the list must be given to the occupier or person in charge of the place from which property was seized, or a representative of the occupier or person in charge.
(6) Instead of seizing any property under subsection (1), the Registrar may, by written order —(a)
prohibit any person from dealing with the property; and
(b)
require any person to affix the order or a copy of the order on or near the property.
Power of court over seized property, etc.
26. Sections 370, 371 and 372 of the Criminal Procedure Code 2010 are to apply, with the necessary modifications, when the Registrar seizes property or prohibits any dealing in property under section 25.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
