Comparison View

Formal Consolidation |  2001 RevEd
Production orders for criminal matters
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 him 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 shall be made only to the High Court.
(3)  If, on such an application, the court is satisfied that the conditions referred to 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 shall —
(a)produce the thing to an authorised officer for him to take away; or
(b)give an authorised officer access to the thing,
within 7 days of the date of the order or such other period as the court considers appropriate.
(4)  The conditions referred to 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 referred to in subsection (3) may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of his legal representative (if any).
(6)  No 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 shall 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)  Proceedings under subsection (3) shall be heard in camera.
Informal Consolidation | Amended Act 40 of 2019
Production orders for criminal matters
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 him 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 shall be made only to the General Division of the High Court.
[Act 44 of 2018 wef 14/01/2020]
[Act 40 of 2019 wef 02/01/2021]
(3)  If, on such an application, the court is satisfied that the conditions referred to 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 shall —
(a)produce the thing to an authorised officer for him to take away; or
(b)give an authorised officer access to the thing,
within 7 days of the date of the order or such other period as the court considers appropriate.
(4)  The conditions referred to 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 referred to in subsection (3) may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of his legal representative (if any).
(6)  No 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 shall 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)  Proceedings under subsection (3) shall be heard in camera.