Singapore legislation
Clause 12
Clause 12
New sections 17A and 17B
The principal Act is amended by inserting, immediately after section 17, the following sections:“Powers of investigation17A.—
The Licensing Officer may, for the purposes of investigating an offence under this Act or the contravention of any provision of this Act, do all or any of the following:
require any person whom the Licensing Officer reasonably believes to have committed that offence or contravention to furnish evidence of that person’s identity;
require any person, whom the Licensing Officer reasonably believes has —
any information; or
any document or article in the person’s possession, custody or control,relevant to the investigation, to furnish that information, or produce that document or article;
issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter, to attend before the Licensing Officer;
examine orally any person who appears to be acquainted with the facts or circumstances of the matter —
whether before or after that person or anyone else is charged with an offence in connection with the matter; and
whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter.(2) Any person examined under this section shall be bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.(3) A statement made by any person examined under this section must —
be reduced to writing;
be read over to the person;
if the person does not understand English, be interpreted to the person in a language that the person understands; and
after correction (if necessary), be signed by the person.(4) If any person fails to comply with a written notice issued to the person under subsection (1)(c), the Licensing Officer may report the failure to a Magistrate who may then, in the Magistrate’s discretion, issue a warrant ordering that person to comply with the written notice.(5) Subject to subsection (6), the Licensing Officer may take possession or make copies of any document or article produced under subsection (1)(b), for further investigation.(6) Anything taken possession of by the Licensing Officer under subsection (5) —
must be placed in safe custody by the Licensing Officer; and
unless ordered otherwise by the court, may be retained until the completion of the investigation or any proceedings (including proceedings on appeal) in which it may be in evidence.(7) Any person who, without reasonable excuse, refuses or fails —
to furnish any information, or produce any document or article, required of the person by the Licensing Officer under subsection (1); or
to comply with any notice issued to the person under subsection (1)(c),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(8) In this section and section 17B, a reference to the Licensing Officer shall include a police officer.Disposal and forfeiture of documents and articles17B.—
Any document or article retained by the Licensing Officer under section 17A(5) shall —
where the document or article is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code (Cap. 68); or
in any other case, be returned to the owner or, if the owner is not known, reported to a Magistrate.(2) Where the report of any document or article is made to a Magistrate under subsection (1)(b), the Magistrate may order the document or article to be forfeited or to be disposed of in such manner as the Magistrate thinks fit.(3) Nothing in this section shall be taken to prejudice any right to retain or dispose of any property which may exist in law apart from this section.”.