Singapore legislation
Clause 73
Clause 73
Information or document subject to legal privilege
(1)
A person is not obliged under section 70 to furnish any information or document that is subject to legal privilege.
(2)
An inspecting officer executing a warrant under section 71 is not authorised to take possession or make copy of any document that is subject to legal privilege.
(3)
For the purposes of this section, an information or a document is subject to legal privilege if —
it is a communication made between a lawyer and a client in connection with the lawyer giving legal advice to the client;
it is a communication made between 2 or more lawyers acting for a client in connection with one or more of the lawyers giving legal advice to the client;
it is a communication made between a legal counsel acting as such and his or her employer in connection with the legal counsel giving legal advice to the employer;
it is a communication made between 2 or more legal counsel acting as such for an employer in connection with one or more of the legal counsel giving legal advice to the client;
it is a communication made —
between a client, or an employer of a legal counsel, and another person;
between a lawyer acting for a client and either the client or another person; or
between a legal counsel acting as such for his or her employer and either the employer or another person,in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer, as the case may be, is or may be, or was or might have been, a party;
it is enclosed with or referred to in any communication in paragraph (a) or (b) and is made or prepared by any person in connection with a lawyer giving advice to the lawyer’s client;
it is enclosed with or referred to in any communication in paragraph (c) or (d) and is made or prepared by any person in connection with a legal counsel giving advice to the employer of the legal counsel; or
it is enclosed with or referred to in any communication in paragraph (e) and is made or prepared by any person in connection with, and for the purposes of, any legal proceedings described in that paragraph,but excludes any communication that is made, prepared or held with the intention of furthering a criminal purpose.
(4)
In this section —
Definition
“client”, in relation to a lawyer, includes an agent of or other person representing the client;
Definition
“employer”, in relation to a legal counsel, includes —
if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act (Cap. 50), every corporation so related as if the legal counsel is also employed by each of the related corporations; and
an employee or officer of the employer;
Definition
“lawyer” means an advocate and solicitor, and includes an interpreter or other person who works under the supervision of an advocate and solicitor;
Definition
“legal counsel” includes an interpreter or other person who works under the supervision of the legal counsel.