Singapore legislation

Section 153

of Securities and Futures Act 2001

Section 153

Self‑incrimination and saving for advocates and solicitors

Amended by34/20122/200934/201234/201234/2012

(1)

A person is not excused from disclosing information to the Authority or, as the case may be, an investigator under Subdivision (2) or (3), under a requirement made of the person under any provision of this Division on the ground that the disclosure of the information might tend to incriminate the person.

Amended by34/2012

(2)

Where a person claims, before making a statement disclosing information that the person is required to under any provision of this Division to the Authority or (as the case may be) an investigator under Subdivision (2) or (3), that the statement might tend to incriminate the person, that statement —

(a)

is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under section 162(3); but(b)is, to avoid doubt, admissible in evidence in civil proceedings under Part 12.

Amended by2/200934/2012

(3)

Nothing in this Division —

(a)

compels an advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act 1893, to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him or her in that capacity; or

(b)

authorises the taking of any such document or other material which is in his or her possession.

Amended by34/2012

(4)

An advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act 1893, who refuses to disclose the information or produce the document or other material referred to in subsection (3) is nevertheless obliged to give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made.

Amended by34/2012