Singapore legislation
Clause 43
Clause 43
Power of examination
(1)
An inspecting officer may, for the purposes of section 40(1), do all or any of the following:
require any person whom the inspecting officer reasonably believes to have committed an offence under any provision of this Act to provide evidence of that person’s identity;
require, by written notice, any person, whom the inspecting officer reasonably believes has —
any information or material; or
any document in the person’s custody or control,that is relevant to the investigation, to provide that information or material or that document, within the period and in any manner that may be specified in the written notice;
require, by written notice, any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter, to attend before the inspecting officer;
examine orally any person who appears to be acquainted with the facts or circumstances of the matter —
whether before or after that person or anyone else is charged with an offence in connection with the matter; or
whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter.
(2)
A statement made by a person examined under subsection (1)(d) 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.
(3)
A person who, without reasonable excuse, fails to do anything required of the person under subsection (1) 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 12 months or to both.
(4)
In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused —
does not possess the information or material or the document required; and
has taken all reasonable steps available to the accused to obtain the information or material or the document required and has been unable to obtain it.
(5)
To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.