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Oaths and Declarations Act 2000

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Type
Act
Status
In force
Enacted
2000
Last amended
2010
Sections
21

Quick answer

About this act

Oaths and Declarations Act 2000 is Singapore Act, cited as Act ODA 2000, currently marked in force and first recorded in 2000.

Part 1

PRELIMINARY

Section 2

Interpretation

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Amended by43/2007

In this Act, unless the context otherwise requires —“affirmation” means an affirmation mentioned in section 5;“caution” means a caution mentioned in section 6;“oath” means an oath administered or taken for any purpose, whether in judicial proceedings or otherwise;“person acting judicially” means a person, tribunal, commission, committee or other body having by law or consent of the parties power to receive evidence.

Definition

“affirmation” means an affirmation mentioned in section 5;

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Definition

“caution” means a caution mentioned in section 6;

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Definition

“oath” means an oath administered or taken for any purpose, whether in judicial proceedings or otherwise;

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Definition

“person acting judicially” means a person, tribunal, commission, committee or other body having by law or consent of the parties power to receive evidence.

Amended by43/2007
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Part 2

OATHS

Section 3

Power to administer oaths, etc.

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(1)

A court or person acting judicially may administer, or may empower an officer to administer, any oath, affirmation or caution.

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(2)

Subsection (1) does not affect any other written law conferring on any person the power to administer any oath, affirmation or caution.

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Section 4

Oaths to be taken by witnesses and interpreters

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(1)

Without affecting any other written law, oaths must be taken by the following persons:

(a)

a person who may be lawfully examined, or who may give or be required to give evidence, by or before a court or person acting judicially;

(b)

an interpreter of questions put to, and of evidence given by, a person mentioned in paragraph (a).

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(2)

Subsection (1) does not apply to —

(a)

the official interpreter of a court; or

(b)

a certificated interpreter in the public service,when performing his or her duties as such interpreter, if he or she has taken an oath to faithfully discharge those duties.

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Section 5

Affirmation in lieu of oath

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Where a person required by section 4 or any other written law to take an oath —

(a)

is a Hindu or Muslim or of some other religion according to which oaths are not of binding force; or

(b)

has a conscientious objection to taking an oath,the person may, instead of taking an oath, make an affirmation.

Section 6

Caution in lieu of oath or affirmation

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Where a person required by section 4 or any other written law to take an oath ought not, in the opinion of the court or person acting judicially, to take an oath or make an affirmation by reason of immaturity of age, the person may, instead of taking an oath or making an affirmation, be cautioned by the court or person acting judicially to state the truth, the whole truth, and nothing but the truth.

Section 7

Form of oath and affirmation

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An oath under section 4 must be taken and administered, and an affirmation under section 5 must be made and administered, in accordance with the form and manner prescribed by the Rules of Court or any other written law.

Section 8

Proceedings and evidence not invalidated by omission of oath, etc.

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No omission to take an oath, make an affirmation or administer a caution, and no irregularity in the form or manner in which an oath is taken, an affirmation is made or a caution is administered, may —

(a)

invalidate any proceedings or render inadmissible any evidence in or in respect of which the omission or irregularity took place; or

(b)

affect any obligation of the person taking the oath or making the affirmation or being cautioned to state the truth.

Part 3

STATUTORY DECLARATIONS

Section 9

Persons may make statutory declarations

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Any person may voluntarily make a statutory declaration in the manner provided in section 11 or 12 in relation to any matter.

Section 10

Where law requires or authorises persons to make statutory declarations

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Where by any written law (whether made before, on or after 1 January 2001) any person is authorised or required to make a statutory declaration, that statutory declaration must be made in the manner provided in section 11 or 12, as the case may be.

Section 11

Manner of making statutory declarations in Singapore

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(1)

A statutory declaration made in Singapore —

(a)

must be in the form set out in the First Schedule; and

(b)

must be made before a court, a person acting judicially, or a prescribed person.

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(2)

Subsection (1) does not affect any other written law conferring on any other person the power to take or receive a statutory declaration.

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Section 12

Statutory declarations made outside Singapore

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(1)

A statutory declaration made in the United Kingdom or any part of the Commonwealth other than Singapore must be made before a notary public or justice of the peace of that country, or other person having authority under any law for the time being in force in that country to take or receive a declaration.

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(2)

A statutory declaration made in any place that is not part of the Commonwealth must be made before a consul or vice consul or before any person having authority under any law for the time being in force in that place to take or receive a declaration.

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Section 13

Statutory declaration sufficient to prove execution of will, etc.

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An attesting witness to the execution of a will, deed or document, or any other competent person, may verify and prove the signing, sealing, publication or delivery of the will, deed or document by a statutory declaration made in the manner provided under section 11 or 12, as the case may be.

Section 14

Making of false statutory declaration an offence

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Amended by15/2010

(1)

Any person who —

(a)

makes in a statutory declaration a statement which is false, and which the person knows or has reason to believe is false or does not believe to be true, touching any point material to the object for which the declaration is made or used; or

(b)

corruptly uses or attempts to use as true any statutory declaration made in or outside Singapore knowing the declaration to be false in any material point,shall be guilty of an offence and —

(c)

if the person made the statutory declaration for use in any stage of a judicial proceeding or (as the case may be) used or attempted to use the statutory declaration in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to a fine; or

(d)

in any other case, shall be punished with imprisonment which may extend to 3 years and shall also be liable to a fine.

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(2)

Without limiting subsection (1)(c) —

(a)

a trial before a subordinate military court within the meaning of the Singapore Armed Forces Act 1972 is a judicial proceeding; and

(b)

each of the following is treated as a stage of a judicial proceeding:

(i)

an investigation directed by law that is preliminary to a proceeding before a court, whether the investigation takes place before a court or otherwise;

(ii)

an investigation directed by a court, and conducted under the authority of a court, whether the investigation takes place before a court or otherwise.

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(3)

Subsection (1)(a) applies to the making of a statutory declaration outside Singapore if the person knows or has reason to believe that the statutory declaration is intended to be used in Singapore; and the person may be dealt with as if the offence had been committed in Singapore.

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(4)

No prosecution may be instituted under this section without the written consent of the Public Prosecutor.

Amended by15/2010
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Part 4

OATHS OF OFFICE AND ALLEGIANCE

Section 15

Manner of taking oath of office, etc.

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(1)

The oath of allegiance mentioned in Part 1 of the Second Schedule, and the oath of office mentioned in Part 2 of that Schedule, must be tendered to and taken by all persons required under any written law to take an oath of office.

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(2)

The oath of allegiance mentioned in Part 1 of the Second Schedule, and the judicial oath mentioned in Part 3 of that Schedule, must be tendered to and taken by all persons required under any written law to take a judicial oath.

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(3)

This section does not affect any other written law which prescribes the form and manner in which an oath of office or a judicial oath (as the case may be) may be tendered and taken.

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Section 16

Circumstances under which affirmation may be made

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Any person who —

(a)

is a Hindu or Muslim or of some other religion according to which oaths are not of binding force; or

(b)

has a conscientious objection to taking an oath,and who is required to take an oath of office or judicial oath under any written law may, instead of taking the oaths mentioned in section 15(1) or (2) (as the case may be), make an affirmation in the form of those oaths, substituting the words “solemnly, sincerely and truly declare and affirm” for the word “swear” and omitting the words “So help me God”.

Part 5

GENERAL PROVISIONS

Section 17

Regulations

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The Minister may make regulations to prescribe anything that is required or authorised to be prescribed under this Act, and generally for carrying out the provisions of this Act.

Section 18

Power to amend Schedules

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The Minister may, by notification in the Gazette, amend any Schedule.

Section 19

Saving provision

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Every —

(a)

oath taken, affirmation made or caution administered under the repealed Oaths Act (Cap. 211, 1985 Revised Edition);

(b)

oath taken under the repealed Oaths of Office and Allegiance Act (Cap. 212, 1985 Revised Edition); and

(c)

statutory declaration made under the repealed Statutory Declarations Act (Cap. 320, 1985 Revised Edition),continues and has effect as if it had been taken, made or administered (as the case may be) under the provisions of this Act.

Schedule 1

Statutory Declaration

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FIRST SCHEDULESections 11(1) and 18Statutory Declaration I(1), , do solemnly and sincerely declare(2) And I make this solemn declaration by virtue of the provisions of the Oaths and Declarations Act 2000, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.(3) Declared at this day of . Before me, (4) (5) (1)Here insert name, address and occupation of person making the declaration.(2)Here insert matter declared to. Where the matter is long, add the words “as follows:” and then set out the matter in numbered paragraphs.(3)Signature of person making the declaration.(4)Signature of person before whom the declaration is made.(5)Here insert title of person before whom the declaration is made.

Schedule 2

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SECOND SCHEDULESections 15(1) and (2) and 18PART 1FORM OF OATH OF ALLEGIANCE “I, , do swear that I will be faithful and bear true allegiance to the Republic of Singapore according to law. So help me God.”PART 2FORM OF OATH OF OFFICE “I, , do swear that I will well and truly serve the Republic of Singapore in the office of . So help me God.”PART 3FORM OF JUDICIAL OATH “I, , do swear that I will well and truly serve the Republic of Singapore in the office of and I will do right to all manner of people after the laws and usages of Singapore without fear or favour, affection or ill‑will. So help me God.”

Common questions

What is Oaths and Declarations Act 2000?
Oaths and Declarations Act 2000 is Singapore Act, cited as Act ODA 2000, currently marked in force and first recorded in 2000.
Is Oaths and Declarations Act 2000 still in force?
Yes — Oaths and Declarations Act 2000 is currently in force.
When did Oaths and Declarations Act 2000 take effect?
Oaths and Declarations Act 2000 was first recorded in 2000.
How many sections does Oaths and Declarations Act 2000 have?
Oaths and Declarations Act 2000 contains 19 sections.
What amends Oaths and Declarations Act 2000?
Oaths and Declarations Act 2000 has been amended by Act 15 of 2010 and Act 43 of 2007.
Where can I read the official version of Oaths and Declarations Act 2000?
The official text of Oaths and Declarations Act 2000 is published at sso.agc.gov.sg.