In forceAmended2020 Revised Edition

Contents

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 · 2020 Revised Edition · Part 5 · Information Gathering Powers

37. Production orders against financial institution to produce material relating to drug dealing or criminal conduct

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Amended

Last amended by an amending law of 2021. 6 amendments in all.

(1)

The Public Prosecutor or any person duly authorised by the Public Prosecutor in writing may, for the purpose of an investigation into a drug dealing offence or a serious offence (as the case may be), apply to the General Division of the High Court for an order under subsection (2) in relation to any particular material or material of a particular description.

(2)

The General Division of the High Court may, if on such an application it is satisfied that the conditions mentioned in subsection (3) are fulfilled, make an order that the financial institution which appears to the General Division of the High Court to be in possession of the material to which the application relates must —

(a)

produce the material to the Public Prosecutor or the person duly authorised by the Public Prosecutor for the Public Prosecutor or such person to take away; or

(b)

give the Public Prosecutor or the person duly authorised by the Public Prosecutor access to the material,within a reasonable period, but not less than 7 days, as the order may specify.

(3)

The conditions mentioned in subsection (2) are —

(a)

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug dealing or criminal conduct, as the case may be;

(b)

that there are reasonable grounds for believing that the material to which the application relates —

(i)

is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and

(ii)

does not consist of or include items subject to legal privilege; and

(c)

that there are reasonable grounds for believing that it is in the public interest to produce the material to which the application relates.

(4)

A financial institution which complies with an order made under subsection (2) is not to be treated as being in breach of any restriction upon the disclosure of information or material imposed by law, contract or rules of professional conduct.

(5)

No action shall lie against a financial institution which in good faith produces materials or gives access to materials relating to the account of its customer by reason of that financial institution having produced or given access to the materials in compliance with an order made against it under subsection (2) or any act done or omitted to be done in relation to any funds, investment or property in the account of that customer in consequence of the production of or access to those materials.

(6)

In subsection (5), each reference to a customer of a financial institution is, if the financial institution is a VCC, a reference to its member.

(7)

The proceedings for an application for a production order under this section are to be heard in private.

(8)

The Public Prosecutor or the person duly authorised by the Public Prosecutor may exercise the powers conferred on the Public Prosecutor or the person (as the case may be) by this section despite any other written law relating to the production of, or the giving of any access to, any particular material or material of a particular description.[31

Terms defined in this Act

criminal conduct
Defined · s 2
“criminal conduct” means doing or being concerned in, whether in Singapore or elsewhere, any act constituting a serious offence or a foreign serious offence;
Open s 2
customer
Defined · s 66
“customer” means any person who is involved in any cash transaction with a prescribed person;
Open s 66
drug dealing
Defined · s 2
“drug dealing” means doing or being concerned in, whether in Singapore or elsewhere, any act constituting a drug dealing offence or a foreign drug dealing offence;
Open s 2
drug dealing offence
Defined · s 2
“drug dealing offence” means —(a)any offence specified in the First Schedule;(b)conspiracy to commit any such offence;(c)inciting another to commit any such offence;(d)attempting to commit any such offence; or(e)aiding, abetting, counselling or procuring the commission of any such offence;
Open s 2
financial institution
Defined · s 2
“financial institution” has the meaning given by section 2 of the Financial Services and Markets Act 2022, and includes a VCC;
Open s 2
interest
Defined · s 2
“interest”, in relation to property, includes any right;
Open s 2
material
Defined · s 2
“material” includes any book, document or other record in any form, and any container or article relating thereto;
Open s 2
possession
Defined · s 2
“possession”, in relation to any property, means actual or constructive possession of the property;
Open s 2
property
Defined · s 2
“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;
Open s 2
serious offence
Defined · s 2
“serious offence” means —(a)any of the offences specified in the Second Schedule;(b)conspiracy to commit any of those offences;(c)inciting others to commit any of those offences;(d)attempting to commit any of those offences; or(e)aiding, abetting, counselling or procuring the commission of any of those offences;
Open s 2
VCC
Defined · s 2
“VCC” means a VCC or variable capital company as defined in section 2(1) of the Variable Capital Companies Act 2018.
Open s 2