Singapore legislation

Section 41

of Mutual Assistance in Criminal Matters Act 2000

Section 41

Attorney‑General to give notice to Minister

(1)

Unless the Minister otherwise directs, the Attorney‑General must cause a notice to be given to the Minister of every Singapore request and foreign request.

(2)

A notice under subsection (1) must —

(a)

in the case of a Singapore request — be given before the request is made;

(b)

in the case of a foreign request — be given as soon as reasonably practicable after receipt of the request and before the request is processed; and

(c)

be accompanied by —

(i)

a copy of the request;

(ii)

copies of all relevant documents;

(iii)

a summary of the material facts supporting the request; and

(iv)

any other matters and information that the Minister may require.

(3)

Upon receipt of a notice under subsection (1), the Minister may, if he or she thinks that —

(a)

the taking of any action in relation to a Singapore request or foreign request is in the interests of the sovereignty, security or public order of Singapore — instruct the Attorney‑General to take such action, and the Attorney‑General must comply with the instruction; or

(b)

the taking of any action in relation to a Singapore request or foreign request is against the interests of the sovereignty, security or public order of Singapore — instruct the Attorney‑General not to take such action, and the Attorney‑General must, despite the provisions of this Act, comply with the instruction.

(4)

Where a foreign request has been complied with, the Attorney‑General must, if the Minister so requires, provide the Minister with particulars of any evidence, documents or other assistance provided pursuant to the request.

(5)

In this section —

Definition

“foreign request” means a request from a foreign country to Singapore under Part 3 for assistance in a criminal matter;

Definition

“Singapore request” means a request by Singapore to a foreign country under Part 2 for assistance in a criminal matter.

Section 41 — Mutual Assistance in Criminal Matters Act 2000