Singapore legislation
Clause 13
Clause 13
New section 52A
The principal Act is amended by inserting, immediately after section 52, the following section:“Powers of investigation52A.—
For the purposes of investigating any offence under this Act, an authorised officer, a police officer or an officer of customs may do all or any of the following:
examine orally any person who appears to be material to the investigation —
whether before or after that person or anyone else is charged with an offence in connection with the case; and
whether or not the person is to be called as a witness in any inquiry, trial or other proceeding in connection with the case;
issue a written notice requiring any person within the limits of Singapore, who appears to be material to the investigation, to attend before the officer;
require any person who is reasonably believed to have —
any information; or (ii)any document or article in the person’s possession, custody or control,relevant to the investigation, to furnish that information, or produce that document or article. (2) Any person examined under this section shall be bound to state truly what the person knows of the facts and circumstances of the case, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.(3) A statement made by any person examined under this section must —
be reduced to writing;
be read over to the person;
if the person does not understand English, be interpreted for the person in a language that the person understands; and
after correction (if necessary), be signed by the person.(4) If any person fails to comply with a written notice issued to the person by an authorised officer, a police officer or an officer of customs under subsection (1)(b), the officer may report such failure to a Magistrate who may then, in the Magistrate’s discretion, issue a warrant ordering the person to comply with the written notice.(5) Subject to subsection (6), an authorised officer, a police officer or an officer of customs may take possession of, or any extract from or copy of, any document or article produced under subsection (1)(c) for further investigation.(6) Any thing taken possession of by an authorised officer, a police officer or an officer of customs under subsection (5) —
must be placed in safe custody by the officer; and
unless ordered otherwise by a court, may be retained by the officer until the completion of any proceedings (including proceedings on appeal) in which it may be evidence.(7) Any person who, without reasonable excuse, refuses or fails to comply with any notice issued to the person under subsection (1)(b) or with any requirement made of the person under subsection (1)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.”.