Singapore legislation
Section 71
Section 71
Depositions to be received in evidence when witness cannot be produced
(1)
Whenever in the course of any legal proceedings instituted before any court, or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter of that proceedings, then upon due proof that the witness cannot be found in Singapore, any deposition that the witness has previously made on oath in relation to the same subject matter before any judge, magistrate or any consular officer elsewhere is admissible in evidence subject to the following provisions:
if the deposition was made in Singapore, it is not admissible in any proceedings instituted in Singapore; and
if the proceedings are criminal, it is not admissible unless it was made in the presence of the person accused.
(2)
A deposition so made must be authenticated by the signature of the judge, magistrate or consular officer before whom it is made; and the judge, magistrate or consular officer must certify, if the fact is so, that the accused was present at the making of the deposition.
(3)
A deposition so made is deemed to be duly authenticated if it purports to be signed by the judge, magistrate or consular officer before whom it is made.
(4)
It is not necessary in any case to prove the signature or official character of the person appearing to have signed the deposition, and in any criminal proceedings a certificate under this section is, unless the contrary is proved, sufficient evidence of the accused having been present in the manner certified.
(5)
This section does not affect any case in which depositions taken in any proceedings are rendered admissible in evidence by any written law nor interfere with the practice of any court in which depositions not authenticated as mentioned in this section are admissible.