Page:Mutual Assistance in Criminal Matters Act 2000.pdf/23

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS
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relates or his legal representative (if any) was present at the proceedings.

(5) The laws for the time being in force with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against a person for an offence against the law of Singapore shall apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section.

(6) For the purposes of this section, the person to whom the criminal proceedings in the foreign country relates is competent, but not compellable, to give evidence.

(7) No person who is required under this section to give evidence for the purposes of any criminal proceedings in a foreign country shall be required to answer any question that the person could not be compelled to answer in those proceedings in that country.

(8) A duly certified foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate.

(9) Evidence taken under this section shall not be admissible in evidence, or otherwise used, for the purposes of any judicial proceedings, disciplinary proceedings, or other proceedings, in Singapore except a prosecution of the person who gave that evidence for the offence of perjury, or contempt of court, in respect of that evidence.

Production orders for criminal matters

22.—(1) Where a request is made by the appropriate authority of a prescribed foreign country (referred to in this section as the requesting country) that any particular thing or description of thing in Singapore be produced for the purposes of any criminal matter in that country, the Attorney-General or a person duly appointed by him may apply to the court for an order under subsection (3).

(2) An application for an order under subsection (3) in relation to any thing in the possession of a financial institution shall be made only to the High Court.