Criminal Procedure Code (Amendment) Bill

by deleting the words “any offence committed anywhere in Malaysia which is a seizable offence under any law in force in that part of Malaysia in which it was committed” appearing in paragraph (a) of subsection (1) thereof and substituting therefor the words “any seizable offence”; and

by deleting subsection (3) thereof.

by deleting the expression “Government of the Federation, in the case of debts or other movable property, and of Singapore, in the case of immovable property” appearing in subsection (7) thereof and substituting therefor the word “Government”; and

by deleting the words “of the Federation” appearing at the end of subsection (13) thereof.

Where under the provisions of any law in force in Malaysia a Magistrate or a Magistrate’s Court has issued a warrant or summons authorising the arrest of a person or requiring any person to appear before any court in Malaysia, and such person is or is believed to be in Singapore, a Magistrate in Singapore, if satisfied that such warrant or summons was duly issued in Malaysia, may endorse the warrant or summons, and such warrant or summons may then be executed or served, as the case may be, on such person as if it were a warrant or summons lawfully issued in Singapore under the provisions of this Code.(2) Where under the provisions of any law in force in Malaysia corresponding to subsection (1) of this section a warrant or summons issued by a Magistrate or a Magistrate’s Court in Singapore has been endorsed by a Magistrate in Malaysia and executed or served on the person named in the warrant or summons, such warrant or summons shall for the purposes of this Code be deemed to have been as validly executed or served as if such execution or service had been effected in Singapore.(3) Where a warrant has been executed in Singapore pursuant to subsection (1) of this section, the person arrested shall be produced as soon as possible before a Magistrate in Singapore, who shall, if satisfied that he is the person specified in the warrant, direct that the arrested person be transferred forthwith in custody to the appropriate court in Malaysia; and any such person shall while in such custody, be deemed for all purposes to be in lawful custody:Provided that such Magistrate may, if for reasons to be recorded by him he is satisfied that it is in the interests of justice so to do and if the case is one in which bail may lawfully be granted, release the person arrested on bail conditional on his appearing before the appropriate court in Malaysia at a time to be specified in the bond and bail bond.(4) Where any person has been served with a summons pursuant to subsection (1) of this section, he shall attend at the appropriate court at the time specified in the summons, unless he can satisfy such court that he cannot reasonably do so.”.

by deleting the words “the Armed Forces of the Federation” appearing at the end of subsection (2) thereof and substituting therefor the words “the Armed Forces of Singapore”; and

by adding thereto the following new subsection: —“(3) The President may, by notification in the Gazette, declare what forces shall be deemed to be Armed Forces of Singapore for the purposes of this section.”.

by deleting the words “Federal Minister” wherever they appear therein and substituting therefor the word “Minister”; and

by deleting the words “the Armed Forces of the Federation” appearing therein and substituting therefor the words “the Armed Forces of Singapore or in any visiting force lawfully present in Singapore”.

by deleting the words “Federal Minister” wherever they appear therein and substituting therefor the word “Minister”; and

by deleting the words “the Armed Forces of the Federation” appearing therein and substituting therefor the words “the Armed Forces of Singapore or in any visiting force lawfully present in Singapore”.

by deleting the words “Federal Minister” appearing in the first line thereof and substituting therefor the word “Minister”;

by deleting the expression “Navy, Army or Air Force of the Queen or in any naval or military organization or any member of a Local Force” appearing in the third, fourth and fifth lines thereof and substituting therefor the words “Armed Forces of Singapore or in any visiting force lawfully present in Singapore”; and

by deleting the words “Local Force” appearing in the second line of paragraph (d) thereof and substituting therefor the words “of the Armed Forces of Singapore or of any visiting force lawfully present in Singapore”.

if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient in the opinion of the court, to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or

in the case of a statement made by such person after his arrest if it appears to the court that the statement was not made and recorded substantially in compliance with the provisions of the Rules set out in Schedule E to this Code.”.

by deleting paragraph (a) thereof and substituting therefor the following: —“(a)The President;”;

by deleting paragraph (b) thereof and substituting therefor the following: —“(b)Members of the Cabinet;”;

by deleting the expression “, Members of the Legislative Assembly” appearing in paragraph (c) thereof;

by deleting the words “High Court” appearing in paragraphs (e) and (m) thereof and substituting therefor in each case the words “Supreme Court”;

by deleting the words “Judicial and” appearing in paragraph (g) thereof; and

by deleting the words “anywhere in Malaysia” appearing in paragraph (q) thereof and substituting therefor the words “in Singapore”.

by deleting the words “Clerk to the Council of Ministers” appearing in the first and second lines thereof and substituting therefor the words “Secretary to the Cabinet”; and

by deleting the words “Council of Ministers” appearing in the second and third lines thereof and in the marginal note thereto and substituting therefor the word “Cabinet”.

by deleting the words “Council of Ministers” appearing in the first and second lines of subsection (1) thereof and in the marginal note thereto and substituting therefor the word “Cabinet”; and

by deleting the words “The said Council” appearing in the first line of subsection (2) thereof and substituting therefor the words “The Cabinet”.

by deleting the words “Council of Ministers” appearing in the first line thereof and in the marginal note thereto and substituting therefor the word “Cabinet”; and

by deleting the word “Council” appearing in the third line thereof and substituting therefor the word “Cabinet”.

by deleting the words “Yang di-Pertuan Negara’s” appearing in the sixth line thereof and substituting therefor the word “President’s”; and

by deleting the word “Governor” appearing in the penultimate line thereof and substituting therefor the word “President”.

by deleting paragraph (d) thereof and substituting therefor the following: —“(d)in cases in which notice of appeal or notice of an application for leave to appeal is given, the Judge who presided at the trial shall, as soon as conveniently may be after receiving notification from the Registrar of the Supreme Court that such notice has been given, forward to the Federal Court the notes of evidence and report referred to in the last preceding paragraph; and if the Federal Court dismisses the appeal, or dismisses the application for leave to appeal, as the case may be, the Chief Justice or other presiding Judge shall, as soon as conveniently may be after such dismissal, forward to the Minister the said notes of evidence and report together with an intimation of the decision of the Federal Court and also such report, if any, on the case as the Federal Court may think fit to make, signed by the Chief Justice or other presiding Judge;”;Act 9 of 1965(b)by deleting the expression “Article 42 of the Federal Constitution” appearing in paragraph (e) thereof and substituting therefor the expression “section 8 of the Republic of Singapore Independence Act, 1965”; and

by deleting the words “Yang di-Pertuan Negara” wherever they appear in paragraphs (e) and (f) thereof and substituting therefor in each case the word “President”.

by deleting the words “Yang di-Pertuan Negara” wherever they appear therein and substituting therefor in each case the word “President”.

by deleting the words “Yang di-Pertuan Agong” appearing in the third line thereof and substituting therefor the words “the President”; and

by deleting the words “Her Majesty in Council” appearing in the fourth and fifth lines thereof and substituting therefor the words “the President”.

by deleting the words “of the Federation” appearing in the second line of subsection (2) thereof; and

by deleting the expression “Joint Account established by the Federal Revenues (Singapore) Order, 1963” appearing at the end of subsection (3) thereof and substituting therefor the words “Consolidated Fund”.

Any Magistrate’s Court or District Court acting in summary jurisdiction in any criminal cause or matter may, on the written application of any party to the proceedings made to the court within ten days from the time of the judgment, sentence or order passed or made therein, or without any such application, if the court thinks fit, reserve for the consideration of the High Court any question or questions of law arising in such proceedings setting out shortly the facts on which the law is being applied and the questions of law to be determined thereon.Schedule B(2) Every question of law so reserved shall be submitted to the High Court in the shape of a special case in the form in Schedule B.(3) If the court is of the opinion that any application made is frivolous but not otherwise, it may refuse to state a case and shall on request of the applicant sign and deliver to him a certificate of such refusal:Provided that the court shall not refuse to state a case where the application is made by the Public Prosecutor.(4) Where a court refuses to state a case under the provisions of subsection (3) of this section it shall be lawful for the applicant to apply to the High Court for an order of mandamus and if the High Court makes the order the court shall state the case accordingly.(5) Every such special case shall be drawn up by the Magistrate or District Judge of the court before which the proceedings are held and shall —

set out shortly the facts which are considered by the Magistrate or District Judge to be proved;

state the question or questions of law which is or have been reserved for the opinion of the High Court; and

be sent by the Magistrate or the District Judge to the Registrar.(6) The Registrar on receiving a special case shall send a copy thereof to every party to the proceedings and to the Public Prosecutor if he is not a party and shall have the case set down for argument in such manner as to the High Court seems fit.Determination and order thereon307.—

The High Court shall hear and determine the question or questions of law arising on such special case and shall thereupon affirm, amend or reverse the determination in respect of which the special case has been stated or remit the matter to the Magistrate or District Judge with the opinion of the court thereon or may make such order in relation to the matter as to the court seems fit.(2) No Magistrate or District Judge who states and delivers a special case in pursuance of this Code shall be liable to any costs in respect thereto.Point reserved for Federal Court308.—

When any person has in a trial before a Judge of the High Court acting in the exercise of its original criminal jurisdiction been convicted of an offence, the Judge, if he thinks fit, may reserve for the decision of the Federal Court any question of law which has arisen in the course of the trial of such person and the determination of which would affect the event of the trial.(2) If the Judge reserves any such question, the person convicted shall, pending the decision thereon, be remanded to prison or, if the Judge thinks fit, be admitted to bail and the Federal Court may review the case or such part of it as is necessary and finally determine such question and thereupon may alter the sentence passed and pass such sentence or give or make such judgment or order as the Federal Court thinks fit.(3) When any person has in a trial before a Judge of the High Court acting in the exercise of its original criminal jurisdiction been convicted of an offence and the Attorney-General is of opinion that any point or points of law arising on such trial which has or have not been reserved under this section ought to be further considered, he may certify accordingly under his hand and thereupon the Federal Court may review the case or such part of it as is necessary and finally determine such point or points and thereupon may alter the sentence passed and pass such judgment and sentence as the Federal Court thinks fit in like manner as though such point or points had been reserved under subsection (1) of this section.(4) Questions of law under this section shall be heard before three or more Judges and shall be decided in accordance with the opinion of the majority of the Judges composing the Court, and if there is no such majority in accordance with the opinion of the Chief Justice or presiding Judge.”.

by deleting the words “for the Federation” appearing in the first line of subsection (1) thereof;

by deleting subsection (2) thereof and substituting therefor the following: —“(2) The Solicitor-General shall have all the powers of a Deputy Public Prosecutor and shall act as Public Prosecutor in case of the absence or inability to act of the Attorney-General.”;

by deleting the words “for the Federation” appearing in the first line of subsection (3) thereof;

by deleting the words “Director of Public Prosecutions” appearing in the second line of subsection (3) thereof and substituting therefor the words “Public Prosecutor”;

by deleting the words “personally or the Director of Public Prosecutions” appearing in subsections (4) and (6) thereof and substituting therefor the words “or the Solicitor-General”;

by deleting the words “personally or by the Director of Public Prosecutions” appearing in subsections (5) and (7) thereof and substituting therefor the words “or by the Solicitor-General”; and

by deleting the words “Federal or State” appearing in the second line of subsection (8) thereof.

by deleting the expression “section 148” appearing in the third line of subsection (1) thereof and substituting therefor the expression “section 147”; and

by deleting the words “Public Prosecutor personally or the Director of Public Prosecutions” appearing in subsection (3) thereof and substituting therefor the words “Attorney-General or Solicitor-General”.

by re-numbering the existing section as subsection (1); and

by inserting the following new subsection: —“(2) The High Court may at any stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit him to custody.”.

by deleting the words “Federal Minister” appearing in paragraph (f) of subsection (2) thereof and substituting therefor the word “Minister”;

by deleting the words “Federal Minister charged with responsibility for the administration of justice” appearing in paragraph (h) of subsection (2) thereof and substituting therefor the word “Minister”; and

by inserting immediately after subsection (3) thereof the following new subsection: —“(4) The report of the persons referred to in subsection (2) of this section shall be admissible as evidence and shall be prima facieevidence of the facts stated therein:Provided that where the accused person desires to examine such person on the report he may require the court to summon such person to give evidence and the court shall thereupon summon such person as a witness for the prosecution.”.

by deleting the words “Yang di-Pertuan Agong” appearing in the third line thereof and substituting therefor the word “President”; and

by deleting the words “moneys provided by Parliament” appearing in the fourth line thereof and substituting therefor the words “Consolidated Fund”.

by deleting the words “Yang di-Pertuan Agong” appearing in the first line of subsection (1) thereof and in the marginal note thereto and substituting therefor the word “President”; and

by deleting the words “Federal Minister” appearing in the first line of subsection (2) thereof and substituting therefor the word “Minister”.

by deleting the words “Government of the Federation” wherever they appear in Forms III, X, XXV, LX, LXII, LXIII, LXIV, LXV, LXVI, LXIX and LXXI thereof and substituting therefor the word “Government”;

by deleting Form XI thereof and substituting therefor the following: —“(Sections 73 and 74). XIBond for good behaviourWhereas I (name), inhabitant of (place), have been called upon to enter into a bond to be of good behaviour for the term of (state the period), I hereby bind myself to be of good behaviour during the said term: and, in case of my making default therein, I bind myself to forfeit to the Government the sum of ............................................... dollars. Dated this ...................... day of ............... , 19 .......... . (Signature).(Where a bond with sureties is to be executed add):— We do hereby declare ourselves sureties for the above-named that he will be of good behaviour during the said term: and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to the Government the sum of ...............................................................dollars. Dated this ............................ day of ......................, 19 ......... . (Signature).”; and

by deleting the words “Yang di-Pertuan Agong” appearing in Form XXVII thereof and substituting therefor the words “the Government”.

by deleting the words “Yang di-Pertuan Negara” appearing in the proviso to paragraph 1 thereof and substituting therefor the word “President”; and

by deleting the words “Federal Minister” appearing in paragraphs (5) and (6) thereof and substituting therefor in each case the word “Minister”.