Singapore legislation
Clause 26
Clause 26
Powers of entry, etc., for enforcement purpose
(1)
The Director or an enforcement officer may exercise all or any of the powers in this section for the purpose of —
ascertaining whether an order of court under section 14 or 15 is being complied with or has been contravened; or
investigating any offence under this Act.
(2)
The Director or an enforcement officer may —
at any time of the day or night without notice, enter, inspect and search any premises if the Director or enforcement officer reasonably believes that evidence of the commission of an offence under this Act, or the non‑compliance with, or a contravention of, an order of court under section 14 or 15, can be found in those premises;
photograph or film, or make a record or sketches of, any part of the premises mentioned in paragraph (a), or any person or thing at the premises;
inspect and make copies of, or take extracts from, any document or thing which is in the possession or under the control of any person for the purpose mentioned in subsection (1) even though the prior consent of the person has not been obtained;
seize any document or thing found in the premises mentioned in paragraph (a) which the Director or enforcement officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act, or the non‑compliance with, or a contravention of, an order of court under section 14 or 15;
issue a written notice requiring any person whom the Director or enforcement officer reasonably believes to be in possession of any document or thing relevant to the investigation of an offence under this Act, or the non‑compliance with, or a contravention of, an order of court under section 14 or 15 —
to produce without charge, that document or thing at the time and place stated in the notice; or
to give the Director or enforcement officer, without charge, access to that document or thing;
issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances of the matter under investigation, to attend before the Director or enforcement officer at the time and place stated in the notice;
require any person whom the Director or enforcement officer reasonably believes to be acquainted with any of the facts or circumstances of the matter under investigation, to answer any question to the best of the person’s knowledge, information and belief, immediately or at such place and time specified in writing; and
take any step which appears to be necessary to preserve or prevent interference with any document or thing which the Director or enforcement officer considers to be the subject matter of, or to be connected with the commission of, an offence under this Act, or the non‑compliance with, or a contravention of, an order of court under section 14 or 15.
(3)
For the purposes of subsection (2)(c), (d), (e) and (h), if any document or information required by the Director or enforcement officer is kept in electronic form —
the power of the Director or enforcement officer to inspect the document or obtain information includes the power to —
access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and
require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and
the power of the Director or enforcement officer to seize such document includes the power to —
make copies of the document in legible or electronic form; and
transfer the information from the document or material to a disc, tape or other storage device.
(4)
If the Director or enforcement officer under subsection (3)(b) is unable to make copies of the document or transfer the document, the Director or enforcement officer may —
seize the computer or other equipment (including a mobile telephone) in which the document or information is stored as evidence in proceedings for an offence under this Act; and
require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or information held in the computer or equipment.
(5)
If free entry or access to the premises cannot be obtained under subsection (2)(a), the Director or enforcement officer may, with such assistance as the Director or enforcement officer considers necessary, break open any window, lock or fastener, or use any other reasonable means to gain entry or access into the premises.
(6)
If any person fails to comply with a written notice issued to the person under subsection (2)(e) or (f), the Director or enforcement 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.
(7)
Any person examined under subsection (2)(g) is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.
(8)
A statement made by a person examined under subsection (2)(g) must —
be reduced to writing;
be read over to the person;
if the person does not understand English, be interpreted in a language that the person understands; and
after correction (if necessary), be signed by the person.