Singapore legislation

Clause 32

of Mutual Assistance in Criminal Matters Bill

Clause 32

Evidence in relation to proceedings and orders in prescribed foreign country

(1)

For the purposes of sections 29 and 30 and the First Schedule, a certificate purporting to be issued by or on behalf of the appropriate authority of a prescribed foreign country stating that —

(a)

judicial proceedings have been instituted and have not been concluded, or that judicial proceedings are to be instituted, in that country;

(b)

a foreign confiscation order is in force and is not subject to appeal;

(c)

all or a certain amount of the sum payable under a foreign confiscation order remains unpaid in that country, or that other property recoverable under a foreign confiscation order remains unrecovered in that country;

(d)

a person has been notified of any judicial proceedings in accordance with the law of that country; or

(e)

an order (however described) made by a court of that country has the purpose of —

(i)

recovering, forfeiting or confiscating —

(A)

payments or other rewards received in connection with an offence against the law of that country that is a foreign offence, or the value of the payments or rewards; or

(B)

property derived or realised, directly or indirectly, from payments or other rewards received in connection with such an offence or the value of such property; or

(ii)

forfeiting or destroying, or forfeiting or otherwise disposing of, any drug or other substance in respect of which an offence against the corresponding drug law of that country has been committed, or which was used in connection with the commission of such an offence,shall, in any proceedings in a court, be admissible as evidence of the facts so stated.

(2)

In any such proceedings, a statement contained in a duly authenticated document, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court in a prescribed foreign country, shall be admissible as evidence of any fact stated therein.

(3)

A document is duly authenticated for the purposes of subsection (2) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in the prescribed foreign country, or by or on behalf of an appropriate authority of that country.

(4)

Nothing in this section shall prejudice the admissibility of any evidence, whether contained in any document or otherwise, which is admissible apart from this section.

Clause 32 — Mutual Assistance in Criminal Matters Bill