Singapore legislation

Clause 38

of Mutual Assistance in Criminal Matters Bill

Clause 38

Assistance in service of process

(1)

The appropriate authority of a foreign country may request the Attorney-General to assist in effecting the service of process on a person in Singapore.

(2)

Where, on receipt of a request made under subsection (1), the Attorney-General is satisfied —

(a)

that the request relates to a criminal matter in that country;

(b)

that there are reasonable grounds for believing that the person to be served is in Singapore;

(c)

the country has furnished sufficient details of the consequences of a failure to comply with such process; and

(d)

where the request relates to the service of a summons to appear as a witness in that country, that that country has given an adequate undertaking in respect of the matters specified in section 39,the Attorney-General may authorise assistance in accordance with this section.

(3)

Where service is authorised under subsection (2), the Attorney-General shall direct an authorised officer or a process server of the Supreme Court to arrange service, and in such a case the authorised officer or process server shall —

(a)

use his best endeavours to have the process served —

(i)

in accordance with procedures proposed in the request; or

(ii)

if those procedures would be unlawful or inappropriate in Singapore, or if no procedures are so proposed, in accordance with the Rules of Court; and

(b)

if the document —

(i)

is served, transmit to the Attorney-General for transmission to the appropriate authority a certificate by the Registrar of the Supreme Court as to service; or

(ii)

is not served, transmit to the Attorney-General for transmission to the appropriate authority a statement by the Registrar of the Supreme Court of the reasons which prevented the service.

(4)

Rules of Court may provide for —

(a)

the documents and other information to accompany the service of process; and

(b)

the form of the certificate referred to in subsection (3)(b)(i) and the statement referred to in subsection (3)(b)(ii).