Singapore legislation

Section 89

of Business Trusts Act 2004

Section 89

Appeal Advisory Committees

(1)

For the purpose of enabling Appeal Advisory Committees to be constituted under section 88, the Minister must appoint a panel (referred to in this Part as the Appeal Advisory Panel) comprising such members from the public and private sectors as the Minister may appoint.

(2)

A member of the Appeal Advisory Panel is to be appointed for a term of not more than 2 years and is eligible for re‑appointment.

(3)

An Appeal Advisory Committee has the power, in the exercise of its functions, to inquire into any matter or thing and may, for this purpose, summon any person to give evidence on oath or affirmation or produce any document or material necessary for the purpose of the inquiry.

(4)

Nothing in subsection (3) compels the production by an advocate and solicitor of a document or material containing a privileged communication made by or to him or her in that capacity or authorise the taking of possession of any such document or material which is in his or her possession.

(5)

An advocate and solicitor who refuses to produce any document or other material mentioned in subsection (4) is nevertheless obliged to give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, the privileged communication was made.

(6)

For the purposes of this Act, every member of an Appeal Advisory Committee —

(a)

is deemed to be a public servant for the purposes of the Penal Code 1871; and

(b)

in case of any suit or legal proceedings brought against the member for any act done or omitted to be done in the execution of the member’s duty under the provisions of this Act, has the like protection and privileges as are by law given to a Judge in the execution of his or her office.

(7)

Every Appeal Advisory Committee must have regard to the interest of the public, the protection of unitholders of registered business trusts and of persons intending to acquire units, or derivatives of units, in registered business trusts and the safeguarding of sources of information.

(8)

Subject to the provisions of this Part, an Appeal Advisory Committee may regulate its own procedure and is not bound by the rules of evidence.