Singapore legislation
Section 59B
Section 59B
Production orders to assist foreign authority investigating drug trafficking
(1)
The Attorney-General or any person duly authorised by him in writing may make an application under section 59A for the purpose of assisting a foreign authority in its investigation into a foreign offence, if and only if, the conditions in subsection (2) in addition to those in section 59A(3) are fulfilled.
(2)
The conditions referred to in subsection (1) are —
there exists a mutual legal assistance treaty, memorandum of understanding or other agreement or arrangement in drug-related matters between Singapore and the foreign government and the conditions therein have been fulfilled in respect of any particular request for assistance from the Attorney-General, which conditions shall be in addition to and not in derogation of the conditions in this subsection;
the foreign authority has agreed to provide reciprocal assistance in drug-related matters to Singapore;
the foreign offence which is the subject of the investigation constitutes an offence against the law of or of a part of the State of the foreign authority and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted an offence under the Drug Trafficking (Confiscation of Benefits) Act or the Misuse of Drugs Act;
the seriousness of the foreign offence under investigation is of sufficient gravity and the material which is the subject of the application is of sufficient importance to the investigation and whether the material could not reasonably be obtained by other means;
the assistance is not likely to prejudice the sovereignty, security or other essential interests of Singapore;
it is appropriate in the public interest to give the assistance sought;
the foreign authority undertakes that the material sought if granted by the High Court pursuant to a production order under this section shall not be used for any other purpose except for the investigation of the foreign offence or for the prosecution of the offender concerned and the material shall be returned to the Attorney-General upon completion of the investigation or the proceedings against the offender; and
such other conditions as the Minister may prescribe.
(3)
The proceedings for an application of a production order under subsection (1) shall be heard in camera.
(4)
In this section —
Definition
“drug-related matters” includes the subject of mutual assistance in the investigation of drug trafficking offences within the meaning of the Drug Trafficking (Confiscation of Benefits) Act;
Definition
“foreign authority” means a foreign government or an appropriate authority designated by a foreign government exercising any function corresponding to a function of the Minister in charge of the Drug Trafficking (Confiscation of Benefits) Act or the Misuse of Drugs Act [Cap. 185];
Definition
“foreign country” means any country or territory outside Singapore;
Definition
“foreign government” means the government of a foreign country;
Definition
“foreign offence” has the same meaning as in the Drug Trafficking (Confiscation of Benefits) Act.