Singapore legislation
Clause 27
of Drug Trafficking (Confiscation of Benefits) (Amendment) Bill
Clause 27
Repeal and re-enactment of section 50 and new section 50A
Section 50 of the principal Act is repealed and the following sections substituted therefor:“Evidence of corresponding law or foreign law50.—
A document purporting to be issued by or on behalf of the government of a foreign country and purporting to state the terms of —
a corresponding law in force in that country; or
a law in relation to a foreign serious offence in force in that country,shall be admissible in evidence for the purpose of proving the matters referred to in subsection (2), in any proceedings under this Act or any subsidiary legislation made thereunder, on its production by the Attorney-General or by any person duly authorised by him in writing.(2) Such document shall be sufficient evidence —
that it is issued by or on behalf of the government of the foreign country stated in the document;
that the terms of the corresponding law or the law of the foreign country are as stated in the document; and
that any fact stated in the document as constituting an offence under that law does constitute such offence.Proof of convictions and acquittals50A.—
For the purposes of any proceedings under this Act or any subsidiary legislation made thereunder, the fact that a person has been convicted or acquitted of an offence by or before any court in Singapore or by a foreign court, shall be admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that he committed (or, as the case may be, did not commit) that offence, whether or not he is a party to the proceedings; and where he was convicted whether he was so convicted upon a plea of guilt or otherwise.(2) The court shall accept the conviction referred to in subsection (1) as conclusive unless —
it is subject to review or appeal that has not yet been determined;
it has been quashed or set aside; or
the court is of the view that it is contrary to the interests of justice or the public interest to accept the conviction as conclusive.(3) A person proved to have been convicted of an offence under this section shall be taken to have committed the acts and to have possessed the state of mind, if any, which at law constitute that offence.(4) Any conviction or acquittal admissible under this section may be proved —
in the case of a conviction or acquittal before a court in Singapore, by a certificate of conviction or acquittal, signed by the Registrar; or
in the case of a conviction or acquittal before a foreign court, by a certificate or certified official record of proceedings issued by that foreign court and duly authenticated by the official seal of a Minister of the country of the foreign court,giving the substance and effect of the charge and of the conviction or acquittal.”.