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Requests for assistance by Tribunal

Mutual Assistance in Criminal Matters (International Criminal Tribunals) Regulations

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Proposed text

Sections 18, 19, 21 to 26 and 29 to 40 of the Act and the Schedule (except Part III) to the Act shall apply to a request by the Tribunal to Singapore for assistance in the same manner as they apply to a request by a foreign country or prescribed foreign country to Singapore for assistance, with the following modifications:(a)a reference in those provisions to —(i)a foreign country;(ii)a prescribed foreign country;(iii)a court of a foreign country or a prescribed foreign country; or(iv)the appropriate authority of a foreign country or prescribed foreign country,shall be read as a reference to the Tribunal;(b)a reference in those provisions to a criminal matter, or a criminal matter in a foreign country, shall be read as a reference to —(i)a Tribunal investigation;(ii)Tribunal proceedings; or(iii)a Tribunal ancillary criminal matter;(c)a reference in those provisions to an ancillary criminal matter shall be read as a reference to a Tribunal ancillary criminal matter;(d)a reference in those provisions to a criminal investigation shall be read as a reference to a Tribunal investigation;(e)a reference in those provisions to criminal proceedings shall be read as a reference to Tribunal proceedings;(f)a reference in those provisions to a foreign offence shall be read as a reference to a Tribunal offence;(g)a reference in those provisions to a foreign confiscation order shall be read as a reference to a Tribunal confiscation order;(h)a reference in those provisions to a foreign law immunity certificate shall be read as a reference to a Tribunal immunity certificate;(i)a reference in those provisions to arranging the attendance of a person in a foreign country shall be read as a reference to arranging the attendance of that person in proceedings before the Tribunal;(j)a reference in those provisions to proceedings instituted in a foreign country shall be read as a reference to proceedings instituted by the Tribunal;(k)a reference in those provisions to a summons to appear as a witness in a foreign country shall be read as a reference to a summons to appear as a witness before the Tribunal;(l)the reference in section 26(2)(e) of the Act to undertakings in respect of the matters referred to in section 26(3) of the Act shall be read as a reference to undertakings in respect of the following matters:(i)that the person giving evidence before or providing assistance to the Tribunal shall not be detained, prosecuted or punished by the Tribunal for any act done before his departure from Singapore;(ii)that the person will be returned to Singapore in accordance with arrangements agreed to by the Attorney-General; and(iii)such other matters as the Attorney-General thinks appropriate;(m)paragraphs (c), (d) and (e) of section 32(1) of the Act shall be substituted with the following paragraphs:“(c)all or a certain amount of the sum payable under a Tribunal confiscation order remains unpaid or that other property recoverable under a Tribunal confiscation order remains unrecovered;(d)a person has been notified by the Tribunal of any proceedings of the Tribunal; or(e)an order made by the Tribunal has the purpose of forfeiting or confiscating —(i)payments or other rewards received in connection with a Tribunal offence, or the value of the payments or rewards; or(ii)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,”.

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