Singapore legislation

Clause 41

of Mutual Assistance in Criminal Matters Bill

Clause 41

Attorney-General to give notice to Minister

(1)

Unless the Minister otherwise directs, the Attorney-General shall cause a notice to be given to the Minister of every Singapore request and foreign request.

(2)

A notice under subsection (1) shall —

(a)

in the case of a Singapore request, be given before the request is made;

(b)

in the case of a foreign request, be given as soon as reasonably practicable after receipt of the request and before the request is processed; and

(c)

be accompanied by —

(i)

a copy of the request;

(ii)

copies of all relevant documents;

(iii)

a summary of the material facts supporting the request; and

(iv)

such other matters and information as may be required by the Minister.

(3)

Upon receipt of a notice under subsection (1), the Minister may, if he thinks that —

(a)

the taking of any action in relation to a Singapore request or foreign request is in the interests of the sovereignty, security or public order of Singapore, instruct the Attorney-General to take such action, and the Attorney-General shall comply with such instruction;

(b)

the taking of any action in relation to a Singapore request or foreign request is against the interests of the sovereignty, security or public order of Singapore, instruct the Attorney-General not to take such action, and the Attorney-General shall, notwithstanding the provisions of this Act, comply with such instruction.

(4)

Where a foreign request has been complied with, the Attorney-General shall, if the Minister so requires, provide the Minister with particulars of any evidence, documents or other assistance provided pursuant to the request.

(5)

In this section —

Definition

“foreign request” means a request from a foreign country to Singapore under Part III for assistance in a criminal matter;

Definition

“Singapore request” means a request by Singapore to a foreign country under Part II for assistance in a criminal matter.