38.—(1) An investigation officer authorised by the Commissioner may, in relation to any offence under this Act (except any offence under section 23) or any regulations made under this Act, on declaration of the investigation officer’s office and production to the person against whom the investigation officer is acting such identification card as the Commissioner may direct to be carried —
(a)
require any person whom the investigation officer reasonably believes to have committed that offence to furnish evidence of the person’s identity;
(b)
require, by written notice, any person whom the investigation officer reasonably believes has —
(i)
any information; or
(ii)
any document in the person’s custody or control,
that is relevant to the investigation, to furnish that information or document within the time and manner specified in the written notice;
(c)
require, by written order, the attendance before the investigation officer of any person within the limits of Singapore who, from any information given or otherwise obtained by the investigation officer, appears to be acquainted with the facts or circumstances of the case; or
(d)
examine orally any person who appears to be acquainted with the facts or circumstances of the case —
(i)
whether before or after that person or anyone else is charged with an offence in connection with the case; and
(ii)
whether or not that person is to be called as a witness in any inquiry, trial or other proceedings in connection with the case.
(2) The person mentioned in subsection (1)(d) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case, 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 a person examined under subsection (1)(d) must —
(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted to the person in a language that the person understands; and
(d)
after correction (if necessary), be signed by the person.
(4) If any person fails to attend as required by an order under subsection (1)(c), the investigation officer may report such failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order.
(5) An investigation officer may, without payment, take possession or make copies of any document (or any part of it) furnished under subsection (1), for further investigation.
(6) Any person who —
(a)
refuses to give access to, or assaults, obstructs, hinders or delays, an investigation officer in the discharge of the investigation officer’s duties under this Act;
(b)
wilfully misstates or without lawful excuse refuses to give any information or produce any document required by an investigation officer under subsection (1); or
(c)
fails to comply with a lawful demand of an investigation officer in the discharge of the investigation officer’s duties under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(7) In this section and section 39, “investigation officer” means the Deputy Commissioner, or any Assistant Commissioner or cybersecurity officer authorised by the Commissioner, exercising the powers of investigation under this section or section 39.