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 64 of the Police Force Act 2004; [24/2004 wef 12/10/2004] | | (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 of the foreign country providing for the control or regulation, in that country or the part thereof in which the law is in force, 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); [Act 23 of 2014 wef 01/09/2014] |
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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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| [Deleted by Act 23 of 2014 wef 01/09/2014] |
“drug dealing offence” means —| (a) | any offence (being an offence against the law of Singapore) specified in the First Schedule; | | (b) | conspiracy to commit any such offence; | | (c) | inciting another to commit any such offence; | | (d) | attempting to commit any such offence; or | | (e) | aiding, abetting, counselling or procuring the commission of any such offence; [Act 23 of 2014 wef 01/09/2014] |
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| “financial institution” has the same meaning as in section 27A(6) of the Monetary Authority of Singapore Act (Cap. 186) read with section 27A(7) of that Act; [Act 23 of 2014 wef 01/09/2014] |
“foreign confiscation order” —| (a) | means an order made by a court in a foreign country, on or after the appointed date for that country, for the recovery, forfeiture or confiscation of —| (i) | any payment or other reward received in connection with an offence against the law of that country, or the value of any such payment or reward; or | | (ii) | any property derived or realised, directly or indirectly, from any payment or other reward referred to in sub-paragraph (i), or the value of any such property; and |
| | (b) | includes an instrumentality forfeiture order; [Act 23 of 2014 wef 01/09/2014] |
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| “foreign country” means any country, or territory, other than Singapore; |
| [Deleted by Act 23 of 2014 wef 01/09/2014] |
“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 any offence against the law of a foreign country; [Act 23 of 2014 wef 01/09/2014] |
| [Deleted by Act 23 of 2014 wef 01/09/2014] |
“foreign tax evasion offence” means an offence against the national law of a foreign country that consists of the doing of any of the following (however described) wilfully with intent to evade, or to assist any other person to evade, any tax of that country:| (a) | omitting from, or understating or overstating in, a return made for the purposes of that tax any information which should be included in the return; | | (b) | making any false statement or entry in any return, claim or application made, or any document or information required to be given, for the purposes of that tax; | | (c) | giving any false answer, whether verbally or in writing, to any question or request for information asked or made for the purposes of that tax; | | (d) | failing to inform the authority responsible for the collection of that tax, in the required manner, of any incorrect information appearing in any assessment made by that authority, when required to do so; | | (e) | preparing or maintaining, or authorising the preparation or maintenance, of any false books of account or other records, or falsifying or authorising the falsification of any books of account or records; | | (f) | making use of any fraud, art or contrivance, or authorising the use of any such fraud, art or contrivance; [Act 23 of 2014 wef 01/09/2014] |
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“instrumentality forfeiture order” means an order made by a court of a foreign country, on or after the appointed date for that country, for the forfeiture, and the destruction or 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) | any property which was used in connection with the commission of any offence against the law of that country; [Act 23 of 2014 wef 01/09/2014] |
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| [Deleted by Act 23 of 2014 wef 01/09/2014] |
| “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 State Courts; or [Act 5 of 2014 wef 07/03/2014] | | (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 offence (being an offence against the law of Singapore other than a drug dealing offence) that —| (i) | is specified in the Second Schedule; or | | (ii) | is punishable with imprisonment for a term which may extend to 4 years or more; |
| | (b) | conspiracy to commit any such offence; | | (c) | inciting another to commit any such offence; | | (d) | attempting to commit any such offence; or | | (e) | aiding, abetting, counselling or procuring the commission of any such offence; [Act 23 of 2014 wef 01/09/2014] |
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“Singapore confiscation order” means —| (a) | a confiscation order made under section 4 or 5 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act; [Act 26 of 2015 wef 01/06/2016] | | (b) | a substitute property confiscation order made under section 29B of that Act; or [Act 23 of 2014 wef 01/09/2014] [Act 26 of 2015 wef 01/06/2016] | | (c) | a confiscation order within the meaning of Part 9 of the Organised Crime Act 2015; [Act 26 of 2015 wef 01/06/2016] |
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“Singapore offence” means —| (a) | a drug dealing offence; or | | (b) | a serious offence; [Act 23 of 2014 wef 01/09/2014] |
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| “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. |
(4) In the definitions of “foreign confiscation order” and “instrumentality forfeiture order”, a reference to the appointed date for a foreign country is a reference to —| (a) | in the case of a prescribed foreign country that was declared as such before the date of commencement of the Mutual Assistance in Criminal Matters (Amendment) Act 2006, the date the order under section 17(1) making such declaration came into force; or | | (b) | in any other case, the date of commencement of the Mutual Assistance in Criminal Matters (Amendment) Act 2006. [8/2006 wef 01/04/2006] |
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| Meaning of “item subject to legal privilege” |
2A.—(1) For the purposes of this Act, an item is subject to legal privilege if —| (a) | it is a communication made between a lawyer and a client, or a legal counsel acting as such and his employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be; | | (b) | it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be; | | (c) | it is a communication made —| (i) | between a client, or an employer of a legal counsel, and another person; | | (ii) | between a lawyer acting for a client and either the client or another person; or | | (iii) | between a legal counsel acting as such for his employer and either the employer or another person, |
| in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer, as the case may be, is or may be, or was or might have been, a party; |
| | (d) | it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (a) or (b) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or | | (e) | it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (c) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel, as the case may be, is or may be, or was or might have been, a party, |
| but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose. |
(2) In this section —| “client”, in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client; |
“employer”, in relation to a legal counsel, includes —| (a) | if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act (Cap. 50), every corporation so related as if the legal counsel is also employed by each of the related corporations; | | (b) | if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act (Cap. 97) and the legal counsel is required as part of his duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and | | (c) | an employee or officer of the employer; |
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| “lawyer” means an advocate and solicitor, and includes an interpreter or other person who works under the supervision of an advocate and solicitor; |
| “legal counsel” means a legal counsel as defined in section 3(7) of the Evidence Act, and includes an interpreter or other person who works under the supervision of a legal counsel. [Act 23 of 2014 wef 01/09/2014] |
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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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