Singapore legislation

Clause 36

of Securities and Futures (Amendment) Bill

Clause 36

New section 163A

The principal Act is amended by inserting, immediately after section 163, the following section:“Power to enter premises without warrant163A.—

(1)

In connection with an investigation under this Division, any officer of the Authority who is authorised by the Authority to do so (referred to in this section as an investigator) and such other officers or persons as the Authority has authorised in writing to accompany the investigator (each referred to in this section as an authorised person) may enter any premises.(2) No investigator and no authorised person accompanying the investigator shall enter any premises in the exercise of the powers under this section unless the investigator has given the occupier of the premises a written notice which —

(a)

gives at least 2 working days’ notice of the intended entry;

(b)

indicates the subject-matter and purpose of the investigation; and

(c)

indicates the nature of the offences created by section 168.(3) Subsection (2) shall not apply —

(a)

if the investigation relates to an alleged or a suspected contravention of any provision of Part XII, and the investigator has reasonable grounds for suspecting that the premises are, or have been, occupied by a person who is being investigated in relation to the contravention; or

(b)

if the investigator has taken all such steps as are reasonably practicable to give notice under subsection (2)(a) but has not been able to do so.(4) Where subsection (3) applies, the power of entry conferred by subsection (1) shall only be exercised upon production of —

(a)

evidence of the investigator’s authorisation and the authorisation of every authorised person accompanying him; and

(b)

a document containing the information referred to in subsection (2)(b) and (c).(5) An investigator or authorised person entering any premises under this section may —

(a)

take with him such equipment as appears to him to be necessary;

(b)

require any person on the premises to produce any book which the investigator or authorised person considers relates to any matter relevant to the investigation;

(c)

require any person on the premises to state, to the best of the person’s knowledge and belief, where any such book is to be found; and

(d)

take any step, or issue to any person on the premises any requirement, which appears to be necessary for the purpose of preserving or preventing interference with any book which the investigator or authorised person considers relates to any matter relevant to the investigation.”.