Singapore legislation

Clause 12

of Endangered Species (Import and Export) (Amendment) Bill

Clause 12

New sections 22A, 22B and 22C

The principal Act is amended by inserting, immediately after section 22, the following sections:“Evidence22A. A document purporting to be under the hand of the Director‑General or an authorised officer on any matter or thing in connection with the administration or enforcement of, or any investigation carried out under, this Act is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated in the document.Protection of informers22B.—

(1)

Except as provided in subsection (3), no witness in any civil or criminal proceedings is obliged or permitted —

(a)

to disclose the name, address or other particulars of an informer who has given information with respect to an offence under this Act, or the substance of the information received from the informer; or (b)to answer any question if the answer would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer.(2) If any document which is in evidence or liable to inspection in any civil or criminal proceedings, contains any entry in which the informer is named or described or which might lead to the discovery of the informer’s identity, the court must cause the entry to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.(3) If, during any civil or criminal proceedings —

(a)

the court, after full inquiry into the case, believes that the informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or

(b)

the court is of the opinion that justice cannot be fully done in the proceedings without discovery of the identity of the informer, it is lawful for the court to require the production of the original information, in such form as the court may accept, and to permit inquiry and require full disclosure of the informer.(4) In this section, “informer” includes every person who is not called as a witness for the prosecution in a criminal case and who has made any complaint or report or given any information in respect of any offence under this Act alleged to have been committed by any person.Protection from personal liability22C. No liability shall lie against the Director‑General or an authorised officer, or any person acting under the direction of the Director‑General or an authorised officer, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in —

(a)

the exercise or purported exercise of any power under this Act; or (b)the performance or purported performance of any function under this Act.”.