Singapore legislation

Clause 34

of Drug Trafficking (Confiscation of Benefits) Bill

Clause 34

Supplementary provisions to sections 31 and 32

(1)

Subject to subsection (2), nothing in section 31 or 32 shall apply where the material sought in respect of a foreign offence is in the possession of a financial institution regulated by the Monetary Authority of Singapore, other than a money-changer or remitter.

(2)

The Attorney-General or a person duly appointed by him in writing may apply to the High Court for a search warrant under this Act in relation to any particular material in a specified premises in respect of an investigation into a foreign offence if he is satisfied that —

(a)

the conditions in subsection (3); and

(b)

the conditions in subsection (4); or

(c)

the conditions in subsection (5),are fulfilled.

(3)

The conditions referred to in subsection (2)(a) are —

(a)

that 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 Singapore authority, which conditions shall be in addition to and not in derogation of the conditions herein;

(b)

that the foreign authority has agreed to provide reciprocal assistance in drug-related matters to Singapore;

(c)

that the foreign offence which is the subject of the investigation constitutes an offence against the laws 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 this Act or the Misuse of Drugs Act [Cap. 185];

(d)

that 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;

(e)

that the application is not likely to prejudice the sovereignty, security or national interest of Singapore;

(f)

that it is not contrary to the public interest to make the application sought;

(g)

that the foreign authority undertakes that the material sought pursuant to a search warrant under this section shall not be used for any other purposes except for the investigation of the foreign offence or for the prosecution of the offender concerned and the material shall be returned to the Singapore authority upon completion of the investigation or proceedings against the offender; and

(h)

such other conditions as the Minister may prescribe.

(4)

The conditions referred to in subsection (2)(b) are —

(a)

that there is a prima-facie case that a specified person has carried on or has benefited from drug trafficking;

(b)

that there are reasonable grounds for believing that the material to which the application relates —

(i)

is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and

(ii)

does not consist of or include materials subject to legal privilege; and

(c)

that —

(i)

it is not practicable to communicate with any person entitled to produce the material; or

(ii)

it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated.

(5)

The conditions referred to in subsection (2)(c) are —

(a)

that there is a prima-facie case that a specified person has carried on or has benefited from drug trafficking;

(b)

that there are reasonable grounds for suspecting that there is on the premises material relating to the specified person or to drug trafficking which is likely to be of substantial value (whether by itself or together with other material) to the investigation in respect of which the application is made, but that the material cannot at the time of the application be particularised; and

(c)

that —

(i)

it is not practicable to communicate with any person entitled to grant entry to the premises; or

(ii)

entry to the premises will not be granted unless a warrant is produced.

(6)

A financial institution which complies with an order made under this section shall not be treated as being in breach of any restriction upon the disclosure of information or material relating to a customer’s account whether by contract or statute.

(7)

In this section —

Definition

“drug-related matters” include the subject of mutual assistance in the investigation of drug trafficking offences;

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 this 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

“money-changer” means a person who is licensed to conduct money-changing business under the Money-changing and Remittance Businesses Act [Cap. 187];

Definition

“remitter” means a person who is licensed to conduct remittance business under the Money-changing and Remittance Businesses Act; and

Definition

“Singapore authority” means the Attorney-General of Singapore.

Clause 34 — Drug Trafficking (Confiscation of Benefits) Bill