Singapore legislation
Clause 16
Clause 16
States entitled to immunities and privileges
(1)
The immunities and privileges conferred by Part II apply to any foreign or commonwealth State other than Singapore; and references to a State include references to —
the sovereign or other head of that State in his public capacity;
the government of that State; and
any department of that government,but not to any entity (hereinafter referred to as a separate entity) which is distinct from the executive organs of the government of the State and capable of suing or being sued.
(2)
A separate entity is immune from the jurisdiction of the courts in Singapore if, and only if —
the proceedings relate to anything done by it in the exercise of sovereign authority; and
the circumstances are such that a State would have been so immune.
(3)
If a separate entity (not being a State’s central bank or other monetary authority) submits to the jurisdiction in respect of proceedings in the case of which it is entitled to immunity by virtue of subsection (2), subsections (1) to (4) of section 15 shall apply to it in respect of those proceedings as if references to a State were references to that entity.
(4)
Property of a State’s central bank or other monetary authority shall not be regarded for the purposes of subsection (4) of section 15 as in use or intended for use for commercial purposes; and where any such bank or authority is a separate entity subsections (1) to (3) of that section shall apply to it as if references to a State were references to the bank or authority.
(5)
Section 14 applies to proceedings against the constituent territories of a federal State; and the President may by order provide for the other provisions of this Part to apply to any such constituent territory specified in the order as they apply to a State.
(6)
Where the provisions of Part II do not apply to a constituent territory by virtue of any such order subsections (2) and (3) shall apply to it as if it were a separate entity.