Clause 5

by deleting subsection (1) and substituting the following subsections:“(1) Where a police officer of or above the rank of sergeant, or an authorised person, considers that any document or thing (other than a document or thing in the custody of a Postal Authority or public postal licensee) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —

issue a written order to require a person in whose possession or power the document or thing is believed to be —

to produce the document or thing at the time and place stated in the order;

to give a police officer or an authorised person access to the document or thing; or

in the case of a document or thing that is in electronic form —

to produce a copy of the document or thing, at the time and place stated in the order; or

to give a police officer or an authorised person access to a copy of the document or thing; or

in the case of a document or thing that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the document or thing from that computer —

to produce a copy of the document or thing, at the time and place stated in the order; or

to give a police officer or an authorised person access to a copy of the document or thing.(1A) Without limiting subsection (1), where a police officer of or above the rank of sergeant, or an authorised person, considers that any data (other than data in the custody of a Postal Authority or public postal licensee) is necessary or desirable for any investigation, inquiry, trial or other proceeding under this Code, the police officer or authorised person may —

issue a written order to require a person in whose possession or power the data is believed to be —

to authenticate the data; and

to produce the data, at the time and place stated in the order; or

in the case of any data that is contained in or available to a computer — issue a written order to require a person who is believed to have power to access the data from that computer —

to authenticate a copy of the data; and

to produce a copy of the data, at the time and place stated in the order.”;

by deleting the words “Notwithstanding subsection (1), a written order under that subsection” in subsection (2) and substituting the words “Despite subsections (1) and (1A), a written order under subsection (1) or (1A)”;

by inserting, immediately after the words “a police officer of or above the rank of inspector” in subsection (2)(a), the words “, or an authorised person”;

by deleting subsection (3) and substituting the following subsections:“(3) If any document or thing in the custody of a Postal Authority or public postal licensee is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may issue a written order to require the Postal Authority or public postal licensee —

to deliver that document or thing, at the time and place stated in the order, to a person stated in the order; or

in the case of a document or thing that is in electronic form or is contained in or available to a computer — to deliver a copy of that document or thing, at the time and place stated in the order, to a person stated in the order.(3A) Without limiting subsection (3), if any data in the custody of a Postal Authority or public postal licensee is, in the opinion of the Public Prosecutor, required for any investigation, inquiry, trial or other proceeding under this Code, the Public Prosecutor may —

issue a written order to require the Postal Authority or public postal licensee —

to authenticate the data; and

to produce the data, at the time and place stated in the order; or

in the case of any data that is contained in or available to a computer — issue a written order to require the Postal Authority or public postal licensee —

to authenticate a copy of the data; and

to produce a copy of the data, at the time and place stated in the order.”;

by deleting the words “document or thing” wherever they appear in subsection (4) and substituting in each case the words “document, thing, data or copy”;

by inserting, immediately after the words “A police officer” in subsection (5), the words “, or an authorised person,”;

by inserting, immediately after the words “document or thing” in subsection (5), the words “, or data”; and

by deleting subsection (6) and substituting the following subsections:“(6) The cost incurred by a person in complying with any requirement or written order under this section, or any requirement under any regulations in respect of matter mentioned in section 428(2)(d), is to be borne by the person.(7) Any person who fails to comply with a written order issued under subsection (1), (1A), (3) or (3A), shall be guilty of an offence and shall be liable on conviction —

in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000;

in any case where the person is an individual, and the written order states that it is issued for the investigation or trial of an arrestable offence — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or

in any other case — to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both.(8) No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything in complying with any written order issued under subsection (1), (1A), (3) or (3A), or with any requirement under any regulations in respect of matter mentioned in section 428(2)(d).(9) In this section —“authorised person” means —

any person who is authorised in writing by the Commissioner of Police for the purposes of this section; or

any officer of a prescribed law enforcement agency who is authorised in writing, by the head of that law enforcement agency, for the purposes of this section;“customer information” has the same meaning as in section 40A of the Banking Act (Cap. 19);“prescribed law enforcement agency” means a law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency.”.