PART I | 1. This Act may be cited as the Mutual Assistance in Criminal Matters Act. |
2.—(1) In this Act, unless the context otherwise requires —“ancillary criminal matter” means —| (a) | the restraining of dealing with, or the seizure, forfeiture or confiscation of, property in connection with a Singapore offence or a foreign offence, as the case may be; or | | (b) | the obtaining, enforcement or satisfaction of a Singapore confiscation order or a foreign confiscation order, as the case may be; |
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“appropriate authority”, in relation to a foreign country, means a person or authority whom the Attorney-General is satisfied is authorised under the law of that country —| (a) | in the case of a request by that country to Singapore for assistance in a criminal matter, to make the request; or | | (b) | in the case of a request by Singapore to that country for assistance in a criminal matter, to receive the request; |
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“authorised officer” means —| (a) | the Director, the Deputy Director, any Assistant Director or other officer, of the Central Narcotics Bureau, appointed under section 3(1) of the Misuse of Drugs Act (Cap. 185); | | (b) | any special investigator of the Corrupt Practices Investigation Bureau appointed under section 3(2) of the Prevention of Corruption Act (Cap. 241); | | (c) | any Commercial Affairs Officer appointed under section 58A of the Police Force Act (Cap. 235); | | (d) | any police officer; or | | (e) | any other person or class of persons appointed by the Minister as an authorised officer or authorised officers for the purposes of this Act; |
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“corresponding drug law”, in relation to a foreign country, means a law stated in a certificate purporting to be issued by or on behalf of the government of the foreign country to be a law providing for the control and regulation in that country of —| (a) | the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention of Narcotic Drugs signed at New York on 30th March 1961; | | (b) | the production, supply, use, export and import of dangerous or otherwise harmful drugs in pursuance of any treaty, convention or other agreement or arrangement to which the Government and the government of that country are for the time being parties; or | | (c) | the benefits of trafficking in the drugs or substances referred to in paragraph (a) or (b); |
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“criminal investigation” means an investigation —| (a) | into a Singapore offence or a foreign offence, as the case may be; or | | (b) | for the purposes of an ancillary criminal matter; |
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“criminal matter” means —| (a) | a criminal investigation; | | (b) | criminal proceedings; or | | (c) | an ancillary criminal matter; |
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| “criminal proceedings” means a trial of a person for a Singapore offence or foreign offence, as the case may be, and includes any proceeding to determine whether a particular person should be tried for the offence; |
“dealing”, in relation to property, includes —| (a) | receiving or acquiring the property; | | (b) | concealing or disguising the property (whether by concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it or otherwise); | | (c) | disposing of or converting the property; | | (d) | bringing the property into or removing the property from Singapore; | | (e) | using the property to borrow money, or as security (whether by way of charge, mortgage or pledge or otherwise); and | | (f) | where a debt is owed to the person holding the property, making a payment to any person in reduction of the amount of the debt; |
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“drug trafficking offence” means —| (a) | any of the offences set out in the First Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A); | | (b) | conspiracy to commit any of those offences; | | (c) | inciting another to commit any of those offences; | | (d) | attempting to commit any of those offences; or | | (e) | aiding, abetting, counselling or procuring the commission of any of those offences; |
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| “financial institution” has the same meaning as in the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act; |
“foreign confiscation order” means an order made by a court in a prescribed foreign country for the recovery, forfeiture or confiscation of —| (a) | payments or other rewards received in connection with an offence against the law of that country that is a foreign offence, or the value of such payments or rewards; or | | (b) | property derived or realised, directly or indirectly, from payments or other rewards received in connection with such an offence, or the value of such property, |
| that is made on or after the date the order under section 17(1) declaring that country as a prescribed foreign country comes into force, and includes an instrumentality forfeiture order; |
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| “foreign country” means any country, or territory, other than Singapore; |
| “foreign drug trafficking offence” means an offence against the corresponding drug law of a foreign country; |
“foreign law immunity certificate” means a certificate given, or a declaration made, by a foreign country or under the law of a foreign country, certifying or declaring that, under the law of that country, persons generally or a specified person could or could not, either generally or in specified proceedings and either generally or in specified circumstances, be required —| (a) | to answer a specified question; or | | (b) | to produce a specified thing; |
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| “foreign offence” means a foreign drug trafficking offence or a foreign serious offence; |
“foreign serious offence” means an offence (other than a foreign drug trafficking offence) —| (a) | against the law of a foreign country stated in a certificate purporting to be issued by or on behalf of the government of that country; and | | (b) | that consists of or includes conduct which, if it had occurred in Singapore, would have constituted a serious offence; |
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“instrumentality forfeiture order” means an order made by a court of a prescribed foreign country for the forfeiture and destruction of, or the forfeiture and other disposal of —| (a) | any drug or other substance in respect of which an offence against the corresponding drug law of that country has been committed; or | | (b) | property which was used in connection with the commission of such an offence, |
| that is made on or after the date the order under section 17(1) declaring that country as a prescribed foreign country comes into force; |
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“items subject to legal privilege” means —| (a) | communications between an advocate and solicitor and his client or any person representing his client made in connection with the giving of legal advice to the client; | | (b) | communications between an advocate and solicitor and his client or any person representing his client, or between such an advocate and solicitor or his client or any such representative and any other person, made in connection with, or in contemplation of, judicial proceedings and for the purposes of such proceedings; and | | (c) | items enclosed with or referred to in such communications and made —| (i) | in connection with the giving of legal advice; or | | (ii) | in connection with or in contemplation of judicial proceedings and for the purposes of such proceedings, |
| when they are in the possession of a person who is entitled to possession of them, but excluding, in any case, any communications or item held with the intention of furthering a criminal purpose; |
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| “material” includes any book, document or other record in any form whatsoever, and any container or article relating thereto; |
| “Monetary Authority of Singapore” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act (Cap. 186); |
“premises” includes —| (a) | a structure (whether or not movable or offshore), building, tent, vehicle, vessel, hovercraft or aircraft; | | (b) | a place (whether or not enclosed or built upon); and | | (c) | a part of premises (including premises of a kind referred to in paragraph (a) or (b)); |
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| “prescribed foreign country” means a foreign country declared by the Minister, by an order made under section 17(1), as a prescribed foreign country; |
“process” means any summons, warrant, order or other document in respect of a criminal matter that is issued —| (a) | out of any court of Singapore or by any Judge, District Judge, Magistrate, the Registrar or Deputy Registrar or an Assistant Registrar of the Supreme Court, or the Registrar or a Deputy Registrar of the Subordinate Courts; or | | (b) | out of any court of a foreign country or by any judge, magistrate or officer of such a court, |
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“serious offence” means —| (a) | any of the offences specified in the Second Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A); | | (b) | conspiracy to commit any of those offences; | | (c) | inciting another to commit any of those offences; | | (d) | attempting to commit any of those offences; or | | (e) | aiding, abetting, counselling or procuring the commission of any of those offences; |
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| “Singapore offence” means a drug trafficking offence or a serious offence; |
| “Singapore confiscation order” means a confiscation order within the meaning of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act; |
| “thing” includes material. |
(2) For the purposes of this Act —| (a) | a reference to a foreign country includes a reference to —| (i) | a territory of that country, other than a territory that is itself a prescribed foreign country; and | | (ii) | a ship or aircraft of, or registered in, that country; and |
| | (b) | a reference to the law of a foreign country includes a reference to the law in force in any part of that country. |
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| (3) In the definitions of “Singapore confiscation order” and “foreign confiscation order”, a reference to an order includes an order, decree, direction or judgment, or any part thereof, howsoever described. |
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3. The object of this Act is to facilitate the provision and obtaining, by Singapore, of international assistance in criminal matters, including —| (a) | the provision and obtaining of evidence and things; | | (b) | the making of arrangements for persons to give evidence or assist in criminal investigations; | | (c) | the recovery, forfeiture or confiscation of property in respect of offences; | | (d) | the restraining of dealings in property, or the freezing of assets, that may be recovered, forfeited or confiscated in respect of offences; | | (e) | the execution of requests for search and seizure; | | (f) | the location and identification of witnesses and suspects; and | | (g) | the service of documents. |
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| Act not to limit cooperation with international organisations, etc. |
4.—(1) This Act does not prevent the provision or obtaining of international assistance in criminal matters to or from the International Criminal Police (Interpol) or any other international organisation.| (2) This Act does not prevent the provision or obtaining of international assistance in criminal matters to or from any foreign country other than assistance of a kind that may be provided or obtained under this Act. |
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| Act not authority for extradition of person |
| 5. This Act does not authorise the extradition or rendition, or the arrest or detention with a view to the extradition or rendition, of any person. |
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