Singapore legislation
Section 21
Section 21
Taking of evidence for criminal proceedings
(1)
Where a request is made by the appropriate authority of a foreign country that evidence be taken in Singapore for the purposes of any criminal proceedings pending in a court in the foreign country, the Attorney‑General may by written notice, subject to any conditions that the Attorney‑General may specify in the notice, authorise a Magistrate to take the evidence and transmit the evidence to the appropriate authority.
(2)
Upon receipt of the notice made under subsection (1), the Magistrate is to —
take the evidence of each witness appearing before the Magistrate to give evidence in relation to the criminal matter as if the witness were giving evidence on a charge against a person for an offence against the law of Singapore;
cause the evidence to be reduced in writing and certify at the end of that writing that the evidence was taken by the Magistrate; and
cause the writing, so certified, to be sent to the Attorney‑General.
(3)
The proceedings may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of the person’s legal representative, if any.
(4)
The certificate referred to in subsection (2) must state whether the person to whom the criminal proceedings in the foreign country relates or the person’s legal representative (if any) was present at the proceedings.
(5)
The laws for the time being in force with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against a person for an offence against the law of Singapore apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section.
(6)
For the purposes of this section, the person to whom the criminal proceedings in the foreign country relates is competent, but not compellable, to give evidence.
(7)
A person who is required under this section to give evidence for the purposes of any criminal proceedings in a foreign country must not be required to answer any question that the person could not be compelled to answer in those proceedings in that country.
(8)
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.
(9)
Evidence taken under this section is not admissible in evidence, and must not be otherwise used, for the purposes of any judicial proceedings, disciplinary proceedings, or other proceedings, in Singapore except a prosecution of the person who gave that evidence for the offence of perjury, or contempt of court, in respect of that evidence.