# legal_provisions

document_id: dra-1999
provision_ref: s60
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 60
title: Interim Orders Committee may revoke, vary or replace interim order
content:
60. —(1) Where an interim suspension order or an order for interim restricted registration has been made under this section or section 58 in relation to any person, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review mentioned in section 59 or upon the recommendation of a Complaints Committee, a Disciplinary Committee or the Health Committee — ( a ) revoke the order or revoke any condition imposed by the order; ( b ) make an order varying any condition imposed by the order; ( c ) if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered dentist or registered oral health therapist concerned, or that the registered dentist or registered oral health therapist has not complied with any requirement imposed as a condition of his or her registration in the order for interim restricted registration, replace that order with an interim suspension order having effect for the remainder of the period of the former; or ( d ) if satisfied that the public interest or the interests of the registered dentist or registered oral health therapist concerned would be more adequately served by an order for interim restricted registration, replace the interim suspension order with an order for interim restricted registration having effect for the remainder of the period of the former. (2) The Registrar must immediately serve a notice of the decision under subsection (1) on the registered dentist or registered oral health therapist. [49E


document_id: dra-1999
provision_ref: s61
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 61
title: Right of hearing
content:
61. —(1) An order under section 58 or 60(1)( b ), ( c ) or ( d ) must not be made by an Interim Orders Committee in respect of any registered dentist or registered oral health therapist unless he or she has been given an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his or her case. (2) For the purposes of subsection (1), the registered dentist or registered oral health therapist may be represented before the Interim Orders Committee by counsel. (3) Regulations made for the purposes of an Interim Orders Committee may include provision securing that the registered dentist or registered oral health therapist in respect of whom an interim suspension order or an order for interim restricted registration has been made is entitled, if he or she so requires, to be heard by the Interim Orders Committee on each occasion on which it reviews the order, and be represented by counsel during the review. [49F


document_id: dra-1999
provision_ref: s62
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 62
title: Application to General Division of High Court
content:
62. —(1) The Council may apply to the General Division of the High Court for an order made under section 58 or 60(1)( c ) or ( d ) to be extended, and may apply again for further extensions. [40/2019] (2) On an application under subsection (1), the General Division of the High Court may extend (or further extend) for up to 12 months the period for which the order has effect. [40/2019] (3) The General Division of the High Court may, on application by the registered dentist or registered oral health therapist concerned — ( a ) in the case of an interim suspension order, revoke the order; ( b ) in the case of an order for interim restricted registration, revoke the order or vary any condition imposed by the order; and ( c ) in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it). [49G [40/2019]


document_id: dra-1999
provision_ref: s63
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 63
title: Duration of interim orders
content:
63. —(1) An interim suspension order or an order for interim restricted registration is in force until the earlier of the following: ( a ) the end of the period specified in the order or, if extended under section 62(2), in the order extending it; ( b ) the date on which proceedings are concluded. (2) For the purposes of subsection (1)( b ), proceedings are concluded if — ( a ) the Complaints Committee inquiring into the complaint or information has made an order under section 46(1)( a ) and — (i) no appeal to the Minister under section 46(6) or (7) was made against that decision within the period specified in that section or such an appeal was withdrawn; or (ii) the Minister made an order under section 46(8)( a ) or ( c ); ( b ) the Disciplinary Committee inquiring into the complaint or information has made an order under section 50(2) which has taken effect, or has dismissed the complaint or matter under section 51(16); or ( c ) the Health Committee has made an order under section 55(1) which has taken effect, the Council has made an order under section 55(9) which has taken effect, or the Health Committee has dismissed the complaint or matter, as the case may be. [49H


document_id: dra-1999
provision_ref: s64
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 64
title: Person suspended under interim suspension order not regarded as registered
content:
64. —(1) While a person’s registration in an appropriate register is suspended by virtue of an interim suspension order, the person is not to be regarded as being registered even though the person’s name still appears in the appropriate register. (2) Immediately upon the expiry or revocation of the order, the person’s rights and privileges as a registered dentist or registered oral health therapist are to be revived from the date of that expiry or revocation, provided that the person has complied with all the terms of the order. (3) To avoid doubt, sections 43 to 50, 54 and 55 continue to apply to a person whose registration in an appropriate register is suspended by virtue of an interim suspension order. [49I


document_id: dra-1999
provision_ref: s65
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 65
title: Council may appoint legal counsel
content:
65. For the purposes of an inquiry under this Part by a Disciplinary Committee, the Health Committee or an Interim Orders Committee, the Council may appoint an advocate and solicitor and pay the advocate and solicitor, as part of the expenses of the Council, such remuneration as the Council may determine. [49J Division 5 &#x2014; Miscellaneous provisions


document_id: dra-1999
provision_ref: s66
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 66
title: Restoration of names to appropriate register
content:
66. —(1) A person whose name has been removed from an appropriate register under this Part may apply to the Council for the person’s name to be restored to that appropriate register. (2) The Council may, after considering all relevant circumstances, and upon the compliance by the applicant of all conditions imposed by the Council (if any) and the payment of the prescribed fee, restore the applicant’s name to the appropriate register. (3) Where the name of a person has been removed from an appropriate register by a Disciplinary Committee, an application for the restoration of the person’s name to that appropriate register must not be made to the Council — ( a ) before the expiry of 3 years from the date of the removal of the name; or ( b ) more than once in any period of 12 months. [53


document_id: dra-1999
provision_ref: s67
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 67
title: Recovery of penalties and costs
content:
67. Any penalty imposed by the Council under sections 5 and 50 and any costs payable by any person under this Act are recoverable by the Council as a debt due to the Council from that person and the person’s liability to pay is not affected by the person’s ceasing to be registered with the Council. [53A


document_id: dra-1999
provision_ref: s68
chapter: PART 6 - GENERAL
section: 68
title: Funds of Council, etc.
content:
68. —(1) All fees, penalties and other moneys payable to the Council under this Act or any regulations made under this Act that are not paid are recoverable as a debt due to the Council. [20/2021] (2) Subject to subsection (3), all fees and other moneys (other than penalties) collected or recovered by the Council under this Act or any regulations made under this Act must be paid to the Council. [20/2021] (3) All penalties collected or recovered under this Act or any regulations made under this Act must be paid into the Consolidated Fund. [20/2021] (4) The costs and expenses of and incidental to the performance of the functions of the Council, the Complaints Committees, the Disciplinary Committees, the Health Committee and any committee appointed by the Council under this Act must be paid by the Council out of its funds. (5) The Minister may pay into the funds of the Council such sum of money out of moneys to be provided by Parliament as the Minister may determine. [54


document_id: dra-1999
provision_ref: s69
chapter: PART 6 - GENERAL
section: 69
title: Fees payable for members of Council and members of committees
content:
69. There must be paid to — ( a ) the members of the Council; and ( b ) the members of any committee appointed by the Council or by the president, who are not public officers or full-time members of the academic staff of the National University of Singapore any fees that may be approved by the Minister. [55


document_id: dra-1999
provision_ref: s70
chapter: PART 6 - GENERAL
section: 70
title: Inspectors
content:
70. —(1) The Council may appoint one or more public officers or officers of the Board as inspectors to investigate the commission of an offence under this Act or any regulations made under this Act. (2) In any case relating to the commission of an offence under this Act or any regulations made under this Act, an inspector has the power to do all or any of the following: ( a ) to require any person who the inspector has reason to believe has any article, document or information relevant to the carrying out of the provisions of this Act or the regulations made under this Act, to produce any such article or document, or give such information, and to retain such article or document, or make copies of such document; ( b ) to examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act or the regulations made under this Act, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which that person is acquainted, and the statement made by that person must be read over to him or her and must, after correction, be signed by him or her; ( c ) to require by order in writing the attendance before the inspector of any person who, from information given or otherwise, appears to be acquainted with facts and circumstances relevant to the carrying out of the provisions of this Act or the regulations made under this Act. (3) An inspector may apply to a Magistrate for a search warrant if the inspector has reasonable cause to believe that evidence of the commission of an offence under this Act or any regulations made under this Act can be found on any premises; and the Magistrate may, if satisfied that there are reasonable grounds for doing so, issue the warrant. (4) A search warrant issued under subsection (3) authorises the inspector to whom it is directed to enter and search the premises mentioned in the warrant and to seize any thing found on the premises which the inspector reasonably believes is evidence of the commission of an offence under this Act or any regulations made under this Act. (5) Any person who — ( a ) intentionally offers any resistance to or wilfully delays an inspector in the exercise of any power under subsection (2) or pursuant to a search warrant issued under subsection (3); or ( b ) fails to comply with any requisition or order of an inspector under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [56


document_id: dra-1999
provision_ref: s71
chapter: PART 6 - GENERAL
section: 71
title: Assessor to Council
content:
71. —(1) For the purposes of advising the Council, Complaints Committees, Disciplinary Committees, Health Committee or Interim Orders Committee in any proceedings before any of them under the provisions of this Act, the Council may appoint an assessor to the Council who is an advocate and solicitor of at least 10 years’ standing. (2) The assessor must not participate or sit in any deliberations of the Council, Complaints Committees, Disciplinary Committees, Health Committee or Interim Orders Committee unless invited to do so, and the assessor’s participation must be limited only to questions of law arising from the proceedings. (3) The Council may pay to the assessor, as part of the expenses of the Council, any remuneration that the Council may determine. [57


document_id: dra-1999
provision_ref: s72
chapter: PART 6 - GENERAL
section: 72
title: Protection from personal liability
content:
72. No liability shall lie against — ( a ) any member of the Council; ( b ) any member of — (i) the Dental Specialists Accreditation Board; and (ii) any committee appointed by the Dental Specialists Accreditation Board under section 41(10); ( c ) the chairperson of the Complaints Panel; ( d ) any member of — (i) any Complaints Committee, Disciplinary Committee or Interim Orders Committee; (ii) the Health Committee; and (iii) any committee appointed by the Council under this Act; or ( e ) any employee of the Council or any other person acting under the direction of the Council, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in the exercise or purported exercise of any power or the performance or purported performance of any function under this Act or any regulations made under this Act. [58 [20/2021]


document_id: dra-1999
provision_ref: s72A
chapter: PART 6 - GENERAL
section: 72A
title: Service of documents
content:
72A. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document permitted or required by or under this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified) the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or ( e ) by sending it by email to the individual’s last email address. (3) A document permitted or required by or under this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer, or an authorised representative, of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or ( c ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect — ( a ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent. (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership; “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a direction, an order or a notice permitted or required by or under this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 19 of 2025 wef 05/12/2025]


document_id: dra-1999
provision_ref: s73
chapter: PART 6 - GENERAL
section: 73
title: Exemption in respect of medical practitioners
content:
73. Nothing in this Act prevents the practice of medicine or surgery by any medical practitioner registered under the Medical Registration Act 1997. [60


document_id: dra-1999
provision_ref: s74
chapter: PART 6 - GENERAL
section: 74
title: Exemption in respect of dental training
content:
74. Nothing in this Act prevents the doing of any act within the practice of dentistry by any oral health therapist, dental student or medical student if the act is carried out — ( a ) in the course of his or her training; ( b ) under the supervision of a registered dentist whose name appears in the first division of the Register of Dentists; and ( c ) in a hospital or dental school approved for the purposes of this section by the Council. [61


document_id: dra-1999
provision_ref: s75
chapter: PART 6 - GENERAL
section: 75
title: Exemption
content:
75. The Minister may, by order in the Gazette and subject to any conditions that he or she may impose, exempt any person or class of persons from all or any of the provisions of this Act or any regulations made under this Act. [61A


document_id: dra-1999
provision_ref: s76
chapter: PART 6 - GENERAL
section: 76
title: Composition of offences
content:
76. —(1) The Council may compound any offence under this Act or any regulations made under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; or ( b ) $500. [20/2021] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Council may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. (4) All sums collected under this section must be paid into the Consolidated Fund. [61B [20/2021]


document_id: dra-1999
provision_ref: s77
chapter: PART 6 - GENERAL
section: 77
title: Jurisdiction of court
content:
77. Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act or any regulations made under this Act, and has power to impose the full penalty or punishment in respect of the offence. [61C [20/2021]


document_id: dra-1999
provision_ref: s78
chapter: PART 6 - GENERAL
section: 78
title: Amendment of Schedule
content:
78. —(1) The Minister may, after consultation with the Council, by order amend the Schedule. [20/2021] (2) The Minister may, in any order made under subsection (1), make any saving or transitional provisions that may be necessary or expedient. [61D [20/2021]


document_id: dra-1999
provision_ref: s79
chapter: PART 6 - GENERAL
section: 79
title: Power of Council to make regulations
content:
79. —(1) Subject to the provisions of this Act, the Council may, with the approval of the Minister, make regulations necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of the Act. (2) Without limiting subsection (1), regulations may be made to — ( a ) provide for the duties of the Registrar; ( b ) regulate the registration of dentists and oral health therapists; ( c ) provide for the form of the appropriate register and the mode in which it must be kept; ( d ) regulate the grant of practising certificates; ( e ) regulate the procedure of any committee appointed by the Council or the president under this Act and the conduct of any proceedings of such committee; ( f ) regulate the professional practice, etiquette, conduct and discipline of registered dentists and registered oral health therapists; ( g ) define the scope of practice of registered oral health therapists; ( h ) regulate the removal and restoration of names in the appropriate register; ( i ) prescribe the forms necessary for the administration of this Act; ( j ) prescribe the fees and other charges for the purposes of this Act; ( k ) provide for the duties, functions and payment of medical assessors appointed under section 54 and the assessor appointed under section 71; ( l ) provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( m ) prescribe any other matter that is necessary or authorised to be prescribed under this Act. [62


document_id: dra-1999
provision_ref: s80
chapter: PART 7 - SAVING AND TRANSITIONAL provisionS
section: 80
title: Persons who are already registered under repealed Act
content:
80. —(1) Every person who is registered under the repealed Act immediately before 15 October 1999 is deemed to be a registered dentist. (2) Where the registration of a person under the repealed Act, being a registration made pursuant to an order under section 6(1)( c ) of that Act, is subject to any condition or restriction imposed by the order, the deemed registration of that person under subsection (1) is, unless the Council otherwise determines, subject to the same condition or restriction. (3) The deemed registration of a person under subsection (1), on the ground that the person is registered under the repealed Act immediately before 15 October 1999 by virtue of section 6(1)( d ) of the repealed Act, is subject to the condition that — ( a ) the person is exclusively employed in teaching, research or postgraduate study; and ( b ) the person does not engage in any form of private practice of dentistry. (4) Section 66 also applies to any person whose name was removed from the register kept under the repealed Act. [64


document_id: dra-1999
provision_ref: s81
chapter: PART 7 - SAVING AND TRANSITIONAL provisionS
section: 81
title: Saving of certificates of registration issued under repealed Act
content:
81. Any certificate of registration issued under the repealed Act is deemed to be a certificate of registration issued under this Act and is subject to the provisions of this Act. [65


document_id: dra-1999
provision_ref: s82
chapter: PART 7 - SAVING AND TRANSITIONAL provisionS
section: 82
title: Pending disciplinary proceedings
content:
82. —(1) Any order or decision made by the Dental Board pursuant to the provisions of the repealed Act or the regulations made under the repealed Act is treated as an order or decision under this Act and has the same force and effect as if it had been made or given by the Disciplinary Committee pursuant to the powers vested in the Disciplinary Committee under this Act. (2) Nothing in this section is to be taken as affecting section 16 of the Interpretation Act 1965. (3) For the purposes of subsection (1), “Dental Board” means the Dental Board established under section 3 of the repealed Act. [66


document_id: dra-1999
provision_ref: s83
chapter: PART 7 - SAVING AND TRANSITIONAL provisionS
section: 83
title: References in other written laws or documents
content:
83. In any written law and in any document — ( a ) any reference to the repealed Act is to be construed as a reference to this Act; ( b ) any reference to the Dental Board is to be construed as a reference to the Council; ( c ) any reference to the president of the Dental Board is to be construed as a reference to the president of the Council; and ( d ) any reference to a registered dentist is to be construed as a reference to a registered dentist under this Act. [68


document_id: dsma-2015
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agreement” means the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 adopted on 28 July 1994 by the General Assembly of the United Nations; “Area” means the seabed and ocean floor, and the subsoil thereof, beyond the limits of any national jurisdiction; “Convention” means the United Nations Convention on the Law of the Sea adopted on 10 December 1982 by the Third United Nations Conference on the Law of the Sea; “corresponding ISA contract”, in relation to a licence granted to a person to explore for or exploit a type of resource in a part of the Area, means an ISA contract authorising the person to explore for or exploit (as the case may be) that type of resource in that part of the Area; “Court” means the General Division of the High Court; “ISA” means the International Seabed Authority established under the Convention; “ISA contract” means a contract between the ISA and a person under Article 153 and Annex III, Article 3 of the Convention that authorises the person to explore for or exploit a type of resource in a part of the Area; “licence” means a licence granted under section 6; “licensee” means a Singapore company holding a licence that is in force or suspended; “resource” means any solid, liquid or gaseous mineral resource in situ in the Area at or beneath the seabed, including polymetallic nodules; “Seabed Disputes Chamber” means the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea established under the Convention; “Singapore company” means a company incorporated in Singapore; “Singapore national” means — ( a ) a Singapore citizen; or ( b ) an entity incorporated, formed or established in Singapore under any written law. [40/2019]


document_id: dsma-2015
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purposes of Act
content:
3. The purposes of this Act are — ( a ) to regulate the exploration for and exploitation of resources in the Area by persons sponsored by Singapore under the Convention and the Agreement; ( b ) to ensure the effective protection of the marine environment against any harmful effects of those activities; and ( c ) to fulfil Singapore’s obligations under the Convention and the Agreement in relation to those activities.


document_id: dsma-2015
provision_ref: s4
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 4
title: General prohibition against deep seabed mining
content:
4. —(1) Except as provided in section 5, a Singapore national must not explore for or exploit any resource in the Area. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in any case where the person is an individual — (i) to a fine not exceeding $300,000 or to imprisonment for a term not exceeding 3 months or to both; and (ii) in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction, but not exceeding $500,000 in total; or ( b ) in any other case — (i) to a fine not exceeding $300,000; and (ii) in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction, but not exceeding $500,000 in total.


document_id: dsma-2015
provision_ref: s5
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 5
title: Exceptions to section 4
content:
5. —(1) A Singapore company may explore for or exploit a resource in a part of the Area if — ( a ) the company has been granted a licence to explore for or exploit that type of resource in that part of the Area; ( b ) that licence remains in force; ( c ) the company has entered into a corresponding ISA contract; and ( d ) the corresponding ISA contract remains in force. (2) An individual who is a Singapore citizen may explore for or exploit a resource in a part of the Area if — ( a ) the individual is acting as an employee or agent of — (i) a Singapore company in respect of which the requirements of subsection (1) are satisfied; or (ii) a person who has entered into an ISA contract under the sponsorship of any State other than Singapore, and the ISA contract remains in force; and ( b ) the individual’s exploration or exploitation activities are within the scope of — (i) the licence granted to the Singapore company mentioned in paragraph ( a )(i); or (ii) the ISA contract mentioned in paragraph ( a )(ii), as the case may be.


document_id: dsma-2015
provision_ref: s6
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 6
title: Grant of licence
content:
6. —(1) The Minister may grant a licence to explore for or exploit any type of resource in any part of the Area. (2) A licence must state — ( a ) the type of resource to which the licence applies; ( b ) whether the licensee is allowed to explore for or exploit the resource; and ( c ) the part of the Area in which the licensee is allowed to explore for or exploit the resource. (3) A licence must relate to only one type of resource.


document_id: dsma-2015
provision_ref: s7
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 7
title: Criteria for grant of licence, etc.
content:
7. —(1) Only a Singapore company may apply for and be granted a licence. (2) A Singapore company may be granted more than one licence. (3) Before granting a licence to a Singapore company, the Minister must be satisfied that — ( a ) the company meets, or is likely to meet, the qualification standards under Annex III, Article 4 of the Convention; ( b ) the company will be applying to the ISA to enter into a corresponding ISA contract; ( c ) it is in Singapore’s interest to grant the licence and sponsor the company’s application for a corresponding ISA contract; and ( d ) any other criteria that may be prescribed are met.


document_id: dsma-2015
provision_ref: s8
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 8
title: Certificate of sponsorship
content:
8. Where the Minister has granted a licence, the Minister may — ( a ) sponsor a licensee’s application to the ISA for a corresponding ISA contract; and ( b ) issue a certificate of sponsorship to the licensee.


document_id: dsma-2015
provision_ref: s9
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 9
title: Coming into force and duration of licence
content:
9. —(1) A licence has effect from the date it is granted or such other date as the Minister may specify. (2) A licence has effect for such period as the Minister may specify. (3) The Minister may extend the duration of a licence on the application of the licensee.


document_id: dsma-2015
provision_ref: s10
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 10
title: Licence conditions
content:
10. —(1) The Minister may specify — ( a ) licence conditions applicable to all licensees; ( b ) licence conditions applicable to a specified class of licensees; and ( c ) licence conditions applicable to a specified licensee. (2) The Minister may, in particular, specify under subsection (1) licence conditions that — ( a ) require a licensee to comply with — (i) the applicable provisions of the Convention, the Agreement and the rules, regulations and procedures of the ISA; and (ii) the decisions of the ISA and its organs; ( b ) where the licensee has entered into a corresponding ISA contract, require the licensee to comply with the terms and conditions of the ISA contract and any plan of work under the ISA contract; ( c ) require a licensee to report on its exploration or exploitation activities at specified intervals; ( d ) require a licensee to inform the Minister of any matter relating to its exploration or exploitation activities; ( e ) require a licensee to provide security, in the form and of the amount that are acceptable to the Minister, for the due performance of its obligations under its licence and this Act; and ( f ) require a licensee to execute an indemnity, in the form that is acceptable to the Minister, to indemnify the Government against any liability incurred by the Government (whether or not under the Convention or the Agreement) in relation to the licensee’s exploration or exploitation activities. (3) The Minister may add to the conditions of a licence, or amend or cancel any existing condition, by written notice to the licensee. (4) If the Minister is satisfied that a licensee has breached any condition of its licence, the Minister may impose a financial penalty not exceeding $40,000 on the licensee for the breach.


document_id: dsma-2015
provision_ref: s11
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 11
title: Directions to licensee
content:
11. —(1) The Minister may give written directions to a licensee. (2) A direction under subsection (1) may be general or specific. (3) If the Minister is satisfied that a licensee has failed without reasonable excuse to comply with a direction under subsection (1), the Minister may impose a financial penalty not exceeding $40,000 on the licensee for the non‑compliance. (4) A direction under subsection (1) need not be published in the Gazette .


document_id: dsma-2015
provision_ref: s12
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 12
title: Transfer of licence
content:
12. —(1) The Minister may approve the transfer of a licence — ( a ) on the application of the licensee and the intended transferee; and ( b ) in accordance with this section. (2) A licence may only be transferred to a Singapore company which — ( a ) is eligible under section 7 to be granted a licence; and ( b ) meets any other criteria that may be prescribed. (3) The Minister’s approval under this section may be given with or without conditions. (4) The transfer of a licence takes effect on — ( a ) the date on which the conditions (if any) for the Minister’s approval of the transfer are met; or ( b ) such other date as the Minister may specify. (5) Where the Minister has approved the transfer of a licence, the Minister may — ( a ) sponsor the new licensee’s application to the ISA for a corresponding ISA contract; and ( b ) issue a certificate of sponsorship to the new licensee. (6) The transfer of a licence does not affect any criminal or civil liability incurred by the original licensee.


document_id: dsma-2015
provision_ref: s13
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 13
title: Lapsing of licence
content:
13. A licence lapses when any of the following events occurs: ( a ) the licensee fails to enter into a corresponding ISA contract within 12 months (or such longer period as the Minister may allow) after the licence is granted or transferred to the licensee; ( b ) the ISA and a person other than the licensee enter into an ISA contract authorising the person to explore for or exploit the same type of resource in the same part of the Area as that under the licence; ( c ) the corresponding ISA contract is terminated for any reason; ( d ) the licensee is wound up or otherwise dissolved under any written law; ( e ) any other event that may be prescribed occurs.


document_id: dsma-2015
provision_ref: s14
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 14
title: Suspension or revocation of licence
content:
14. —(1) The Minister may suspend or revoke a licence if — ( a ) the licensee has contravened the provisions of this Act or the conditions of the licence; ( b ) the corresponding ISA contract is suspended for any reason; ( c ) the Minister is satisfied that the licensee has not been carrying on, or will not be able to carry on, the licensee’s exploration or exploitation activities in a proper and satisfactory manner; or ( d ) the Minister is satisfied that it is in Singapore’s interest to suspend or revoke the licence. (2) If the Minister revokes a licence, the Minister may withdraw any certificate of sponsorship issued to the licensee.


document_id: dsma-2015
provision_ref: s15
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 15
title: Licensee may make representations before licence is suspended or revoked
content:
15. —(1) The Minister must give a licensee written notice of the Minister’s intention to suspend or revoke the licence. (2) A licensee may make representations to the Minister within one month after receiving the notice in subsection (1) (or such longer period as the Minister may allow). (3) The Minister must consider any representations made by the licensee under subsection (2) before making a final decision. (4) The Minister must inform the licensee in writing of the Minister’s final decision within one month after the end of the period in subsection (2) for making representations. (5) The Minister’s final decision takes effect 14 days (or such longer period as the Minister may allow) after the date on which the licensee is informed under subsection (4) of the decision.


document_id: dsma-2015
provision_ref: s16
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 16
title: Directions when licence expires, etc.
content:
16. —(1) This section applies where — ( a ) a licence expires; ( b ) a licence is transferred under section 12; ( c ) a licence lapses under section 13; or ( d ) a licensee has been informed under section 15(4) of the Minister’s decision to revoke the licence. (2) The purposes of this section are — ( a ) to secure the orderly cessation by a licensee of its exploration or exploitation activities; and ( b ) to effectively protect the marine environment against any harmful effects of those activities or the cessation of those activities. (3) The Minister may, for any of the purposes of this section, give directions to — ( a ) the licensee; ( b ) any director or senior manager of the licensee; or ( c ) if there is no director or senior manager of the licensee who is able to comply with the directions of the Minister, any person who was a director of the licensee in the period of 6 months immediately preceding the date of the relevant event in subsection (1). (4) Without limiting subsection (3), the Minister may give all or any of the following directions under that subsection: ( a ) a direction that the licensee continues to comply with all or any of its obligations under this Act and the conditions of its licence; ( b ) a direction that any records kept by the licensee be delivered to the Minister or any other person; ( c ) a direction that specified measures be taken to effectively prevent, contain or minimise any harmful effects to the marine environment. (5) If the Minister is satisfied that a person has failed without reasonable excuse to comply with a direction given under subsection (3), the Minister may impose a financial penalty not exceeding $40,000 on the person for the non‑compliance. (6) Subject to subsection (7), a person who complies with a direction given under subsection (3) is not liable for any loss or damage suffered by any other person as a result of the compliance. (7) Subsection (6) does not apply to any loss or damage suffered as a result of any act or omission that purports to be in compliance with, but is not required by, a direction given under subsection (3). (8) In this section, “licensee” includes a Singapore company which has ceased to hold a licence.


document_id: dsma-2015
provision_ref: s17
chapter: PART 2 - REGULATION OF DEEP SEABED MINING
section: 17
title: Licensee’s liability for wrongful act
content:
17. —(1) Where a licensee is responsible or liable for any wrongful act under Annex III, Article 22 of the Convention, the Court may — ( a ) order the licensee to pay to a person any compensation for the wrongful act that may be ordered to be paid to that person pursuant to that Article; and ( b ) grant to a person any other remedy for the licensee’s wrongful act that may be granted to that person pursuant to that Article. (2) In this section, “licensee” includes a Singapore company which has ceased to hold a licence.


document_id: dsma-2015
provision_ref: s18
chapter: PART 3 - ENFORCEMENT OF DECISIONS AND AWARDS
section: 18
title: Registration of Seabed Disputes Chamber decisions
content:
18. —(1) The Court may, on the application of an interested person, order a decision of the Seabed Disputes Chamber to be registered in the Court. (2) To avoid doubt — ( a ) a decision of the Seabed Disputes Chamber involving a State may be registered under subsection (1); but ( b ) nothing in this section or section 19 affects any privilege or immunity that a State may claim against the enforcement of a registered decision of the Seabed Disputes Chamber.


document_id: dsma-2015
provision_ref: s19
chapter: PART 3 - ENFORCEMENT OF DECISIONS AND AWARDS
section: 19
title: Effect of registration
content:
19. A registered decision of the Seabed Disputes Chamber is to be treated, for the following purposes, as if the decision was a judgment of the Court made on the date on which the decision was registered: ( a ) the force and effect of the decision in relation to the enforcement of the decision; ( b ) the exercise of the powers of the Court in relation to the enforcement of the decision; ( c ) the taking of proceedings for or in relation to the enforcement of the decision; ( d ) where the decision is for the payment of a sum of money, the carrying and computation of interest on that sum.


document_id: dsma-2015
provision_ref: s20
chapter: PART 3 - ENFORCEMENT OF DECISIONS AND AWARDS
section: 20
title: Enforcement of arbitral awards
content:
20. An arbitral award made pursuant to Article 188(2)( a ) of the Convention is to be treated as a foreign award for the purposes of Part 3 of the International Arbitration Act 1994.


document_id: dsma-2015
provision_ref: s21
chapter: PART 4 - MISCELLANEOUS
section: 21
title: Offences by bodies corporate, etc.
content:
21. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of the officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee, and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: dsma-2015
provision_ref: s23
chapter: PART 4 - MISCELLANEOUS
section: 23
title: Rules of Court
content:
23. The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court for the purposes of section 17 and Part 3, and section 80 of that Act applies to the making of the Rules.


document_id: dsma-2015
provision_ref: s24
chapter: PART 4 - MISCELLANEOUS
section: 24
title: Regulations
content:
24. —(1) Subject to subsection (3), the Minister may make regulations for the purposes of this Act. (2) The regulations made under subsection (1) may, in particular — ( a ) prescribe anything that is required or allowed to be prescribed under this Act; ( b ) prescribe any fees to be paid for the purposes of this Act; ( c ) prescribe how a document may be served for the purposes of this Act; ( d ) prescribe any criteria to be satisfied before a licence may be granted or transferred; ( e ) prescribe the procedures and forms for applications under this Act; ( f ) prescribe any requirements that a licensee must comply with; ( g ) provide that either, but not both, of the following is to apply in respect of any specified provision of the regulations: (i) the Minister may impose a financial penalty not exceeding $40,000 if the Minister is satisfied that the provision has been contravened; (ii) the contravention of the provision shall be an offence punishable on conviction with a fine not exceeding $40,000; and ( h ) make different provisions for different purposes. (3) The Minister cannot make regulations for anything for which Rules of Court are required or permitted to be made under section 23.


document_id: dsma-2015
provision_ref: s25
chapter: PART 4 - MISCELLANEOUS
section: 25
title: Singapore companies sponsored by Government before commencement of Act
content:
25. Despite section 7(3)( b ), the Minister may grant a licence under section 6 to a Singapore company to which the Government has, before 1 April 2015, issued a certificate of sponsorship sponsoring the company’s application to the ISA for an ISA contract.


document_id: dstaa-2000
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agency” means the Defence Science and Technology Agency established under section 3; “board” means the board of directors of the Agency; “Chairperson” means the Chairperson of the board and includes any temporary Chairperson of the board; “Chief Executive” means the Chief Executive of the Agency, and includes any individual acting in that capacity; “director” means a director of the board; “incorporated Departments” means the following departments of the Ministry of Defence: ( a ) Command, Control, Communications and Computer Systems Organisation; ( b ) Defence Materiel Organisation; ( c ) Defence Medical Research Institute; ( d ) Defence Procurement Division; ( e ) Directorate of Research and Development; ( f ) Lands and Estates Organisation; ( g ) Resource Planning Office; ( h ) Systems and Computer Organisation; “Singapore Armed Forces” means the Singapore Armed Forces constituted under the Singapore Armed Forces Act 1972. [5/2018]


document_id: dstaa-2000
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment and incorporation of Agency
content:
3. A body called the Defence Science and Technology Agency is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering all such other acts or things as a body corporate may lawfully do or suffer.


document_id: dstaa-2000
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Common seal
content:
4. —(1) All deeds and other documents requiring the seal of the Agency must be sealed with the common seal of the Agency and such instruments to which the common seal is affixed must be signed by any 2 directors generally or specially authorised by the Agency for the purpose or by one director and the Chief Executive. (2) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Agency affixed to any document and presume that it was duly affixed.


document_id: dstaa-2000
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Board of directors of Agency
content:
5. —(1) There is to be a board of directors of the Agency which is responsible for the policy and general administration of the affairs and business of the Agency. (2) The board consists of — ( a ) a Chairperson; and ( b ) not less than 8 and not more than 20 other directors as the Minister may determine. (3) The First Schedule has effect with respect to the board, its directors and its proceedings.


document_id: dstaa-2000
provision_ref: s6
chapter: PART 3 - MISSION, FUNCTIONS AND POWERS OF AGENCY
section: 6
title: Mission and functions of Agency
content:
6. —(1) The Agency is to harness and exploit science and technology, and provide technological and engineering support, to meet the defence and national security needs of Singapore. (2) The functions of the Agency are — ( a ) to advise the Ministry of Defence on all matters relating to defence science and technology; ( b ) to provide defence science and technology services and facilities to the Ministry of Defence; ( c ) to promote and facilitate the development of the defence science and technological capability in Singapore; ( d ) to manage the acquisition of defence systems, provide engineering support for such systems, provide quality assurance and systems engineering services, and forecast and assess future defence systems, for the Ministry of Defence; ( e ) to manage the acquisition of command, control, communications, computer and simulation systems, develop software and provide engineering support for such systems, and forecast and assess such future systems, for the Ministry of Defence; ( f ) to manage the design and development of defence buildings and infrastructure, and manage the maintenance of such buildings, infrastructure, and defence estates, for the Ministry of Defence; ( g ) to manage the acquisition of management information systems and information technology infrastructure, and develop, maintain and support such systems and infrastructure, and forecast and assess future developments in information technology and formulate standards, for the Ministry of Defence; ( h ) to conduct research on military medicine and perform human factors engineering studies, for the Ministry of Defence; ( i ) to manage contracts for the purchase of defence systems, spares and services, maintain a catalogue of stocked items, and manage the disposal of old stocks and equipment, for the Ministry of Defence; ( j ) to manage technological cooperation with other persons, and conduct and manage research and development programmes, for the Ministry of Defence; ( k ) to undertake any other activity considered necessary or desirable to achieve a cost-effective defence science and technological capability in Singapore; and ( l ) to perform other functions that are conferred on the Agency by any other written law. (3) The Agency may undertake other functions that the Minister may assign to the Agency and in so doing, the Agency is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Agency in respect of those functions. (4) Nothing in this section is to be construed as imposing on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.


document_id: dstaa-2000
provision_ref: s7
chapter: PART 3 - MISSION, FUNCTIONS AND POWERS OF AGENCY
section: 7
title: Powers of Agency
content:
7. —(1) The Agency has power to do anything for the purpose of discharging its functions under this Act or under any other written law, or which it may consider advantageous, necessary or convenient to the discharge of those functions and, in particular, may — ( a ) enter into contracts for itself or the Government for defence systems, facilities, technology, equipment, materials or services or for the execution of works or any other contract as may be necessary for the discharge of its duties and functions; ( b ) engage alone or in conjunction with other persons in the design and development of defence systems and the provision of systems design services; ( c ) form or participate in the formation of any company or enter into any joint venture or partnership for the purposes of this Act; ( d ) provide technical advice, training and assistance to any Government body or statutory board and to defence authorities of other countries; ( e ) levy such charges and fees as may be reasonable for services and facilities provided by the Agency; ( f ) provide financial loans, advances, grants, aid or assistance to any person for all or any of the purposes of this Act; ( g ) collect, compile, analyse and disseminate by any convenient means information of a statistical nature or otherwise concerning matters relating to its functions; ( h ) provide scholarships and training grants in the fields of defence science and technology; ( i ) receive donations, grants, gifts, subsidies and contributions from any source and raise funds by all lawful means; ( j ) make provision for gratuities, pensions, allowances or other benefits for employees or former employees of the Agency; ( k ) grant or guarantee loans to officers or employees of the Agency for any purpose specifically approved by the Agency; ( l ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Agency and members of their families; and ( m ) do such other acts as are incidental to any of its functions or powers. (2) The Agency may, in addition to the powers vested in it by subsection (1), exercise such other powers as the Minister may in writing authorise the Agency to exercise. (3) This section is not to be construed as limiting any power of the Agency conferred by or under any other written law.


document_id: dstaa-2000
provision_ref: s8
chapter: PART 3 - MISSION, FUNCTIONS AND POWERS OF AGENCY
section: 8
title: Directions by Minister
content:
8. —(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Agency must furnish the Minister with such information in respect of its property and activities in such manner and at such times as the Minister may require.


document_id: dstaa-2000
provision_ref: s9
chapter: PART 3 - MISSION, FUNCTIONS AND POWERS OF AGENCY
section: 9
title: Appointment of committees and delegation of powers
content:
9. —(1) The board may appoint from among its own directors or from among other persons any number of committees that it thinks fit for purposes which, in the opinion of the board, would be better regulated and managed by means of those committees. (2) The board may, subject to such conditions or restrictions as it thinks fit, delegate to any committee appointed under subsection (1) or to the Chairperson or any director, or to any officer or employee of the Agency or to any other person as the board thinks fit, any of the functions or powers of the Agency administered by the board under this Act or any other written law. (3) Any function or power delegated under subsection (2) to any committee or person may be performed or exercised by the committee or the person to whom it has been delegated (as the case may be) in the name and on behalf of the Agency.


document_id: dstaa-2000
provision_ref: s10
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 10
title: Chief Executive
content:
10. —(1) There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Commission may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: dstaa-2000
provision_ref: s11
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 11
title: Appointment of officers, employees, other persons, etc., and prohibition of strikes
content:
11. —(1) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018] (2) If it appears to the Minister to be necessary for the public safety, defence or security of Singapore, the Minister may require any employee of the Agency to continue in the employment of the Agency for such period as the Minister may determine, and the employee must continue in the employment of the Agency for that period. (3) Any decision or determination of the Minister under subsection (2) is final and is not subject to appeal or review in any court. (4) An employee of the Agency must not go on strike or instigate or incite others to take part in or otherwise act in furtherance of any industrial action. (5) Any employee who fails to comply with a requirement of the Minister under subsection (2) or who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both. (6) In subsection (4) — “industrial action” means any action or omission by a body of persons employed in any trade or industry, acting in combination or under a common understanding, which would result in any limitation or restriction on, or delay in, the performance of any duty connected with their employment; “strike” means the cessation of work by a body of persons employed in any trade or industry acting in combination, or a concerted refusal, or a refusal under a common understanding of a number of persons who are, or who have been so employed, to continue to work or to accept employment.


document_id: dstaa-2000
provision_ref: s12
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 12
title: Protection from personal liability
content:
12. No suit or other legal proceedings shall lie personally against any director, officer or employee of the Agency or other person acting under the direction of the Agency for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law. 13. [ Repealed by Act 5 of 2018 ]


document_id: dstaa-2000
provision_ref: s14
chapter: PART 5 - FINANCIAL PROVISIONS
section: 14
title: Funds and property of Agency
content:
14. The funds and property of the Agency consist of — ( a ) all moneys paid to the Agency for the purposes of the Agency; ( b ) all moneys paid to the Agency by way of grants, subsidies, donations, gifts and contributions; ( c ) all moneys received by the Agency by way of charges and fees for services rendered by the Agency to any person; ( d ) all moneys, dividends, royalties, interest or income received from any transactions made pursuant to the powers conferred on the Agency under this Act; ( e ) all moneys borrowed by the Agency under this Act; ( f ) all other moneys and property lawfully received by the Agency for the purposes of the Agency; and ( g ) all accumulations of income derived from any such moneys or property.


document_id: dstaa-2000
provision_ref: s15
chapter: PART 5 - FINANCIAL PROVISIONS
section: 15
title: Application of revenue
content:
15. —(1) The revenue of the Agency in a financial year must be applied in payment of the following charges: ( a ) sums required to be paid to the Government towards the repayment of any loan made by the Government to the Agency; ( b ) interest and principal on any loan payable by the Agency; ( c ) sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the repayment of borrowed money; ( d ) the salaries, fees and allowances of the directors of the Agency; ( e ) the salaries, fees, remuneration, provident fund contributions, pensions, superannuation allowances and gratuities of the officers, employees, former employees, agents, consultants and other persons appointed or employed by the Agency; ( f ) working and establishment expenses and expenditure on, or provision for, the maintenance of any of the property of the Agency, and the discharge of the functions of the Agency properly chargeable to revenue account; ( g ) such sums as the Agency may consider appropriate to set aside in respect of depreciation or renewal of the property of the Agency; ( h ) the cost, or any portion of the cost, of any new works, plant, vessels, vehicles, machinery, equipment or appliances not being a renewal of the property of the Agency, which the Agency may determine to charge to revenue; ( i ) expenses incurred or incidental to the investment or management of the Agency’s moneys; ( j ) such sums by way of contribution to the public or for charities, for such purposes associated with the objects of this Act as the Agency may determine; ( k ) any other expenditure authorised by the Agency and properly chargeable to revenue. (2) The balance of the revenue of the Agency must be applied for the creation of a general reserve or such other reserves or capital funds as the Agency may consider appropriate.


document_id: dstaa-2000
provision_ref: s16
chapter: PART 5 - FINANCIAL PROVISIONS
section: 16
title: Bank accounts and application of moneys
content:
16. —(1) The Agency may open and maintain one or more accounts with any bank or banks that the Agency thinks fit. (2) The moneys of the Agency must be applied only in payment or discharge of the expenses, obligations and liabilities of the Agency and in making any payment that the Agency is authorised or required to make.


document_id: dstaa-2000
provision_ref: s17
chapter: PART 5 - FINANCIAL PROVISIONS
section: 17
title: Minister’s approval of estimates
content:
17. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Agency, be sent without delay to the Minister. [5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates. [5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Agency, and the Agency is bound by the Minister’s decision. [5/2018]


document_id: dstaa-2000
provision_ref: s18
chapter: PART 5 - FINANCIAL PROVISIONS
section: 18
title: Power of investment
content:
18. The Agency may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004]


document_id: dstaa-2000
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Grants
content:
19. For the purpose of enabling the Agency to carry out its functions under this Act, the Minister may make grants to the Agency of such sums of money as the Minister may determine out of moneys to be provided by Parliament.


document_id: dstaa-2000
provision_ref: s20
chapter: PART 5 - FINANCIAL PROVISIONS
section: 20
title: Power to borrow
content:
20. The Agency may for the purposes of discharging its functions raise loans from the Government or, with the approval of the Minister for Finance or any person that the Minister for Finance may appoint, from any other source.


document_id: dstaa-2000
provision_ref: s20A
chapter: PART 5 - FINANCIAL PROVISIONS
section: 20A
title: Issue of shares, etc.
content:
20A. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Agency under this Act; or ( b ) any capital injection or other investment by the Government in the Agency in accordance with any other written law, the Agency must issue such shares or other securities to the Minister for Finance as that Minister may direct. [5/2002]


document_id: dstaa-2000
provision_ref: s22
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 22
title: Transfer to Agency of property, assets and liabilities
content:
22. —(1) As from 15 March 2000, any movable and immovable property vested in the Government that may be determined by the Minister for Finance and used or managed by any of the incorporated Departments, and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the incorporated Departments are transferred to and vest in the Agency without further assurance, act or deed. (2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Agency under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the Agency under subsection (1) must be held by the Agency upon such tenure and subject to such terms and conditions as the President may determine.


document_id: dstaa-2000
provision_ref: s23
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 23
title: Transfer of employees
content:
23. —(1) As from 15 March 2000, such persons or categories of persons as the Minister may determine who, immediately before that date, were — ( a ) employed by the Ministry of Defence or the Singapore Armed Forces in the incorporated Departments; ( b ) in any other department in the Ministry of Defence or the Singapore Armed Forces; or ( c ) in the DSO National Laboratories incorporated under the Companies Act 1967, are transferred to the service of the Agency on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) If any question arises as to whether any person or any category of persons has been transferred to the service of the Agency under subsection (1), a certificate under the hand of the Minister shall be conclusive evidence that the person or category of persons was or was not so transferred. (3) Until such time as terms and conditions of service are drawn up by the Agency, the scheme and terms and conditions of service in the Government or the Singapore Armed Forces (as the case may be) continue to apply to every person transferred to the service of the Agency under subsection (1) as if the person were still in the service of the Government or the Singapore Armed Forces. (4) In the case of every person transferred to the service of the Agency under subsection (1) who, immediately before 15 March 2000, was in the regular service of the Singapore Armed Forces by virtue of the Enlistment Act 1970, such person is, upon the transfer, deemed to be released from regular service in accordance with section 27 of that Act.


document_id: dstaa-2000
provision_ref: s24
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 24
title: Pension rights, etc., of Government employees to be preserved
content:
24. —(1) The terms and conditions of service to be drawn up by the Agency must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Agency under section 23 while in the employment of the Government or the Singapore Armed Forces, as the case may be. (2) Any term or condition relating to the length of service with the Agency must recognise the length of service of the persons so transferred while in the employment of the Government or the Singapore Armed Forces (as the case may be) to be service with the Agency. (3) The terms and conditions of service to be drawn up by the Agency must not adversely affect the conditions that would have been applicable to persons transferred to the service of the Agency as regards any pension, gratuity or allowance payable under the Pensions Act 1956 or the Singapore Armed Forces Act 1972. (4) In every case where a person has been transferred to the service of the Agency under section 23, the Government is liable to pay to the Agency such portion of any pension, gratuity or allowance payable to such person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government or the Singapore Armed Forces (as the case may be) bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government or the Singapore Armed Forces (as the case may be) and the Agency. (5) Where any person in the service of the Agency, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Agency or is discharged from such service, the Agency may grant to him or her or to such other person or persons wholly or partly dependent on him or her, as the Agency thinks fit, such allowance or gratuity as the Agency may determine.


document_id: dstaa-2000
provision_ref: s25
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 25
title: No benefits in respect of abolition or reorganisation of office
content:
25. Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Agency under section 23 is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Agency.


document_id: dstaa-2000
provision_ref: s26
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 26
title: Existing contracts
content:
26. All deeds, bonds, agreements, instruments and arrangements subsisting immediately before 15 March 2000 to which the Government is a party and relating to the incorporated Departments or to any person transferred to the service of the Agency under section 23 continue in force on and after that date and are enforceable by or against the Agency as if the Agency had been named therein or had been a party thereto instead of the Government.


document_id: dstaa-2000
provision_ref: s27
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 27
title: Pending legal proceedings
content:
27. Any proceedings or cause of action relating to — ( a ) the portion of the property, assets, interests, rights, privileges, liabilities and obligations transferred to the Agency under section 22; or ( b ) any employee transferred to the service of the Agency under section 23 pending or existing immediately before 15 March 2000 by or against the Government, or any person acting on its behalf, may be continued and enforced by or against the Agency.


document_id: dstaa-2000
provision_ref: s28
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 28
title: Continuation and completion of disciplinary proceedings
content:
28. —(1) Where on 15 March 2000 — ( a ) any disciplinary proceedings were pending against any employee of the Government or the Singapore Armed Forces (as the case may be) transferred to the service of the Agency under section 23, the proceedings must be carried on and completed by the Agency; and ( b ) any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been rendered on the matter, the committee must complete the hearing or investigation and make any order, ruling or direction that it could have made under the authority vested in it before 15 March 2000. (2) Any order, ruling or direction made or given by a committee under this section is to be treated as an order, a ruling or a direction of the Agency and has the same force or effect as if it had been made or given by the Agency pursuant to the authority vested in the Agency under this Act.


document_id: dstaa-2000
provision_ref: s29
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 29
title: Misconduct or neglect of duty by employee before transfer
content:
29. The Agency may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person transferred to the service of the Agency under section 23 for any misconduct or neglect of duty committed prior to 15 March 2000 which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Government or the Singapore Armed Forces (as the case may be) and if this Act had not been enacted.


document_id: dstaa-2000
provision_ref: s30
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 30
title: Presenting annual report to committee
content:
30. The Minister must cause a copy of every annual report on the activities of the Agency to be presented to a committee appointed by the Prime Minister. [5/2018]


document_id: dstaa-2000
provision_ref: s31
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 31
title: Symbol or representation of Agency
content:
31. —(1) The Agency has the exclusive right to the use of any symbol or representation that it may select or devise and thereafter display or exhibit that symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Agency or which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: dstaa-2000
provision_ref: s32
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 32
title: Preservation of secrecy
content:
32. —(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, a person who is or has been a director, an officer, employee, former employee or agent of the Agency or a member of a committee of the Agency must not disclose any information or matter relating to the affairs of the Agency or of any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions. [5/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. (3) Despite subsection (1) and the provisions of any other written law, if any information pertaining to the Agency or to any matter connected with the Agency is certified by the Minister to be of a secret nature, such information or matter is not required to be disclosed to Parliament or any other person. (4) Any certificate under the hand of the Minister mentioned in subsection (3) shall be conclusive evidence of the matters specified in the certificate.


document_id: dstaa-2000
provision_ref: s33
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 33
title: Regulations
content:
33. —(1) The Agency may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Agency may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters: ( a ) duties of the officers and employees of the Agency; ( b ) the manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the Agency; ( c ) the payment of gratuities and other benefits to officers and employees of the Agency.


document_id: dtaa-1950
provision_ref: s2
section: 2
title: Amendment of titles
content:
2. Where in any written law or in any other document the title or name of office mentioned in the first column of the Schedule is used, there is to be substituted for that title or name of office the title or name of office mentioned opposite it in the second column of the Schedule.


document_id: dtaa-1950
provision_ref: s3
section: 3
title: Power to add to or amend Schedule
content:
3. —(1) The appropriate Minister may, by notification in the Gazette , at any time add to or amend the Schedule. (2) In this section, “appropriate Minister”, in relation to any title or name of office, means the Minister charged with the responsibility for the department to which the title or name of office relates.


document_id: dua-1922
provision_ref: s2
section: 2
title: Unauthorised use of insignia, uniforms, etc.
content:
2. —(1) If any unauthorised person uses or wears — ( a ) any insignia of any order instituted by the President; ( b ) any decoration or medal, or the ribbon of any decoration or medal, so instituted; ( c ) any naval, military or air force decoration, medal, bar, clasp or ribbon; ( d ) any badge, stripe or emblem supplied or authorised by the Armed Forces Council or by the President; ( e ) any uniform or part of a uniform of the naval, military, air or police forces; or ( f ) anything so nearly resembling any insignia, decoration, medal, bar, clasp, ribbon, badge, stripe, emblem or uniform or part of a uniform as abovementioned that it is calculated to deceive, and if any unauthorised person assumes or uses any title of rank in the military, naval or air forces, or any letters after his name indicating the possession of any order, decoration or medal, that person shall be guilty of an offence and shall be liable on conviction before a Magistrate’s Court to a fine not exceeding $400 or to imprisonment for a term not exceeding 3 months. (2) If any person — ( a ) falsely represents himself to be a person who is or has been entitled to use or wear any such insignia, decoration, medal, bar, clasp, ribbon, badge, stripe, emblem or uniform or part of a uniform; or ( b ) without lawful authority or excuse supplies or offers to supply any insignia, decoration, medal, bar, clasp, ribbon, badge, stripe, emblem or uniform or part of a uniform to any person whom he knows or has good reason to believe not to be authorised to use or wear it, that person shall be guilty of an offence and shall be liable on conviction before a Magistrate’s Court to the like penalties as if he had been convicted of an offence under subsection (1).


document_id: dua-1922
provision_ref: s3
section: 3
title: Unauthorised use of foreign insignia and uniforms
content:
3. —(1) Any unauthorised person who uses or wears any foreign insignia, decoration, medal, bar, clasp, ribbon, badge, stripe, emblem, or foreign uniform or part thereof shall be guilty of an offence and shall be liable on conviction in the like manner and to the like penalties mentioned in section 2(1). (2) If any person — ( a ) falsely represents himself to be a person who is or has been entitled to use or wear any such foreign insignia, decoration, medal, bar, clasp, ribbon, badge, stripe, emblem or foreign uniform or part thereof; or ( b ) without lawful authority or excuse supplies or offers to supply any such foreign insignia, decoration, medal or foreign uniform or part thereof to any person whom he knows or has good reason to believe not to be authorised to use or wear it, that person shall be guilty of an offence and shall be liable on conviction in the like manner and to the like penalties mentioned in section 2(2).


document_id: dua-1922
provision_ref: s4
section: 4
title: Exceptions
content:
4. —(1) Nothing in this Act shall be construed so as to prohibit the wearing, use or supply of ordinary regimental badges or any brooch or ornament representing them. (2) Nothing in this Act shall be construed so as to prohibit the wearing, use or supply of any insignia, decoration or uniform for the purposes of any bona fide theatrical or similar performance.


document_id: ea-1893
provision_ref: s2
chapter: PART 1 - RELEVANCY OF FACTS
section: 2
title: Application of Parts 1, 2 and 3
content:
2. —(1) Parts 1, 2 and 3 apply to all judicial proceedings in or before any court, but not to affidavits presented to any court or officer nor to proceedings before an arbitrator. (2) All rules of evidence not contained in any written law, so far as such rules are inconsistent with any of the provisions of this Act, are repealed.


document_id: ea-1893
provision_ref: s3
chapter: PART 1 - RELEVANCY OF FACTS
section: 3
title: Interpretation
content:
3. —(1) In Parts 1, 2 and 3, unless the context otherwise requires — “child abuse offence” means any offence specified in Part 1 of the First Schedule, and includes attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, such an offence; “copy of a document” includes — ( a ) in the case of a document falling within paragraph ( d ) but not paragraph ( e ) of the definition of “document”, a transcript of the sounds or other data embodied in it; ( b ) in the case of a document falling within paragraph ( e ) but not paragraph ( d ) of that definition, a reproduction or still reproduction of the image or images embodied in it, whether enlarged or not; ( c ) in the case of a document falling within paragraphs ( d ) and ( e ) of that definition, such a transcript together with such a still reproduction; and ( d ) in the case of a document not falling within paragraph ( e ) of that definition of which a visual image is embodied in a document falling within that paragraph, a reproduction of that image, whether enlarged or not, and any reference to a copy of the material part of a document must be construed accordingly; “country” includes a territory; “court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence; “document” includes, in addition to a document in writing — ( a ) any map, plan, graph or drawing; ( b ) any photograph; ( c ) any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever; ( d ) any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; ( e ) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and ( f ) any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them; “electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or transmitted from one information system to another; “evidence” includes — ( a ) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; and ( b ) all documents produced for the inspection of the court: such documents are called documentary evidence; “fact” includes — ( a ) any thing, state of things, or relation of things, capable of being received by the senses; and ( b ) any mental condition of which any person is conscious; Illustrations ( a ) That there are certain objects arranged in a certain order in a certain place is a fact. ( b ) That a man heard or saw something is a fact. ( c ) That a man said certain words is a fact. ( d ) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. ( e ) That a man has a certain reputation is a fact. “fact in issue” includes any fact from which either by itself or in connection with other facts the existence, non‑existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows; Illustration A is accused of the murder of B . At A ’s trial the following facts may be in issue: ( a ) that A caused B ’s death; ( b ) that A intended to cause B ’s death; ( c ) that A had received grave and sudden provocation from B ; ( d ) that A at the time of doing the act which caused B ’s death was by reason of unsoundness of mind incapable of knowing its nature. “sexual offence” means any offence specified in Part 2 of the First Schedule, and includes attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, such an offence. [4/2012; 16/2016; 20/2018] “Relevant” (2) One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. “Proved” (3) A fact is said to be “proved” when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent person ought, under the circumstances of the particular case, to act upon the supposition that it exists. “Disproved” (4) A fact is said to be “disproved” when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent person ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. “Not proved” (5) A fact is said to be “not proved” when it is neither proved nor disproved. (6) For the purposes of sections 23, 128, 130 and 131, a reference to “advocate or solicitor” in those sections includes a reference to the following: ( a ) any public officer in the Attorney-General’s Chambers when he or she acts as an advocate or a solicitor; ( b ) the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender appointed under section 3 of the Public Defenders Act 2022, when he or she acts as an advocate or a solicitor. [Act 23 of 2022 wef 01/12/2022] (7) In sections 23, 128A, 130 and 131, a “legal counsel” means — ( a ) a person (by whatever name called) who is an employee of an entity employed to undertake the provision of legal advice or assistance in connection with the application of the law or any form of resolution of legal disputes; ( aa ) any Deputy Attorney‑General; or ( b ) a Judicial Service Officer or Legal Service Officer — (i) working in a ministry or department of the Government or an Organ of State as legal adviser to that ministry or department or Organ of State; or (ii) seconded as legal adviser to any statutory body established or constituted by or under a public Act for a public function. [4/2012; 41/2014] [Act 33 of 2021 wef 14/01/2022]


document_id: ea-1893
provision_ref: s4
chapter: PART 1 - RELEVANCY OF FACTS
section: 4
title: Presumptions
content:
4. —(1) Whenever it is provided by this Act that the court may presume a fact, it may either regard such fact as proved unless and until it is disproved, or may call for proof of it. (2) Whenever it is directed by this Act that the court is to presume a fact, the court is to regard such fact as proved unless and until it is disproved. (3) When one fact is declared by this Act to be conclusive proof of another, the court is, on proof of the one fact, to regard the other as proved, and is not to allow evidence to be given for the purpose of disproving it. Relevancy of facts


document_id: ea-1893
provision_ref: s5
chapter: PART 1 - RELEVANCY OF FACTS
section: 5
title: Evidence may be given of facts in issue and relevant facts
content:
5. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation .—This section does not enable any person to give evidence of a fact which the person is disentitled to prove by any provision of the law for the time being in force relating to civil procedure. Illustrations ( a ) A is tried for the murder of B by beating B with a club with the intention of causing B ’s death. At A ’s trial the following facts are in issue: (i) A ’s beating B with the club; (ii) A ’s causing B ’s death by such beating; (iii) A ’s intention to cause B ’s death. ( b ) A , a party to a suit, does not comply with a notice given by B , the other party, to produce for B ’s inspection a document referred to in A ’s pleadings. This section does not enable A to put such document in evidence on A ’s behalf in such suit, otherwise than in accordance with the conditions prescribed by the Rules of Court or the Family Justice Rules, as the case may be. [27/2014]


document_id: ea-1893
provision_ref: s6
chapter: PART 1 - RELEVANCY OF FACTS
section: 6
title: Relevancy of facts forming part of same transaction
content:
6. Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places. Illustrations ( a ) A is accused of the murder of B by beating B . Whatever was said or done by A or B or the bystanders at the beating or so shortly before or after it as to form part of the transaction is a relevant fact. ( b ) A is accused of waging war against the Government by taking part in an armed insurrection in which property is destroyed, troops are attacked and gaols are broken open. The occurrence of these facts is relevant as forming part of the general transaction, though A may not have been present at all of them. ( c ) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose and forming part of the correspondence in which it is contained are relevant facts though they do not contain the libel itself. ( d ) The question is whether certain goods ordered from B were delivered to A . The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.


document_id: ea-1893
provision_ref: s7
chapter: PART 1 - RELEVANCY OF FACTS
section: 7
title: Facts which are the occasion, cause or effect of facts in issue
content:
7. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts or facts in issue, or which constitute the state of things under which they happened or which afforded an opportunity for their occurrence or transaction, are relevant. Illustrations ( a ) The question is whether A robbed B . The facts that shortly before the robbery B went to a fair with money in B ’s possession, and that B showed or mentioned the fact that B had it to third persons, are relevant. ( b ) The question is whether A murdered B . Marks on the ground produced by a struggle at or near the place where the murder was committed are relevant facts. ( c ) The question is whether A poisoned B . The state of B ’s health before the symptoms ascribed to poison and habits of B known to A which afforded an opportunity for the administration of poison, are relevant facts.


document_id: ea-1893
provision_ref: s8
chapter: PART 1 - RELEVANCY OF FACTS
section: 8
title: Motive, preparation and previous or subsequent conduct
content:
8. —(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct of any party or of any agent to any party to any suit or proceeding in reference to such suit or proceeding or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. Explanation 1.—The word “conduct” in this section does not include statements unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act. Explanation 2.—When the conduct of any person is relevant any statement made to the person or in his or her presence and hearing which affects such conduct is relevant. Illustrations ( a ) A is tried for the murder of B . The facts that A murdered C , that B knew that A had murdered C and that B had tried to extort money from A by threatening to make B ’s knowledge public, are relevant. ( b ) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that at the time when the bond was alleged to be made B required money for a particular purpose is relevant. ( c ) A is tried for the murder of B by poison. The fact that before the death of B , A procured poison similar to that which was administered to B is relevant. ( d ) The question is whether a certain document is the will of A . The facts that not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate, that A consulted lawyers in reference to making the will, and that A caused drafts of other wills to be prepared of which A did not approve are relevant. ( e ) A is accused of a crime. The facts that either before, or at the time of or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to A , or that A destroyed or concealed evidence or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant. ( f ) The question is whether A robbed B . The facts that after B was robbed, C said in A ’s presence: “The police are coming to look for the man who robbed B ”, and that immediately afterwards A ran away are relevant. ( g ) The question is whether A owes B $10,000. The facts that A asked C to lend A money, and that D said to C in A ’s presence and hearing: “I advise you not to trust A for A owes B $10,000”, and that A went away without making any answer, are relevant facts. ( h ) The question is whether A committed a crime. The fact that A absconded after receiving a letter warning A that inquiry was being made for the criminal, and the contents of the letter, are relevant. ( i ) A is accused of a crime. The facts that after the commission of the alleged crime A absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. ( j ) The question is whether A was raped. The facts that shortly after the alleged rape A made a complaint relating to the crime, the circumstances under which and the terms in which the complaint was made, are relevant. The fact that without making a complaint A said that she had been raped is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32(1)( a ), or as corroborative evidence under section 159. ( k ) The question is whether A was robbed. The fact that soon after the alleged robbery A made a complaint relating to the offence, the circumstances under which and the terms in which the complaint was made, are relevant. The fact that A said A had been robbed without making any complaint is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32(1)( a ), or as corroborative evidence under section 159. [4/2012]


document_id: ea-1893
provision_ref: s9
chapter: PART 1 - RELEVANCY OF FACTS
section: 9
title: Facts necessary to explain or introduce relevant facts
content:
9. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted, are relevant insofar as they are necessary for that purpose. Illustrations ( a ) The question is whether a given document is the will of A . The state of A ’s property and of A ’s family at the date of the alleged will may be relevant facts. ( b ) A sues B for libel imputing disgraceful conduct to A ; B affirms that the matter alleged to be libellous is true. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B . ( c ) A is accused of a crime. The fact that soon after the commission of the crime A absconded from A ’s house is relevant under section 8 as conduct subsequent to and affected by facts in issue. The fact that at the time when A left home A had sudden and urgent business at the place to which A went is relevant as tending to explain the fact that A left home suddenly. The details of the business on which A left are not relevant, except insofar as they are necessary to show that the business was sudden and urgent. ( d ) A sues B for inducing C to break a contract of service made by C with A . C on leaving A ’s service says to A : “I am leaving you because B has made me a better offer”. This statement is a relevant fact as explanatory of C ’s conduct, which is relevant as a fact in issue. ( e ) A accused of theft is seen to give the stolen property to B who is seen to give it to A ’s wife. B says as B delivers it: “ A says you are to hide this”. B ’s statement is relevant as explanatory of a fact which is part of the transaction. ( f ) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction. ( g ) A seeks to adduce evidence against B in the form of an electronic record. The method and manner in which the electronic record was (properly or improperly) generated, communicated, received or stored (by A or B ), the reliability of the devices and the circumstances in which the devices were (properly or improperly) used or operated to generate, communicate, receive or store the electronic record, may be relevant facts (if the contents are relevant) as authenticating the electronic record and therefore as explaining or introducing the electronic record, or identifying it as the relevant electronic record to support a finding that the record is, or is not, what its proponent A claims. [4/2012]


document_id: ea-1893
provision_ref: s10
chapter: PART 1 - RELEVANCY OF FACTS
section: 10
title: Things said or done by conspirator in reference to common design
content:
10. Where there is reasonable ground to believe that 2 or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons, in reference to their common intention after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Illustrations Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government. The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Malacca for a like object, D persuaded persons to join the conspiracy in Province Wellesley, E published writings advocating the object in view at Singapore, and F transmitted from Singapore to G at Jakarta the money which C had collected at Malacca, and the contents of a letter written by H giving an account of the conspiracy are each relevant, both to prove the existence of the conspiracy and to prove A ’s complicity in it, although A may have been ignorant of all of them, and although the persons by whom they were done were strangers to A , and although they may have taken place before A joined the conspiracy or after A left it.


document_id: ea-1893
provision_ref: s11
chapter: PART 1 - RELEVANCY OF FACTS
section: 11
title: When facts not otherwise relevant become relevant
content:
11. Facts not otherwise relevant are relevant — ( a ) if they are inconsistent with any fact in issue or relevant fact; ( b ) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Illustrations ( a ) The question is whether A committed a crime at Singapore on a certain day. The fact that on that day A was at Penang is relevant. The fact that near the time when the crime was committed A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that A committed it, is relevant. ( b ) The question is whether A committed a crime. The circumstances are such that the crime must have been committed either by A , B , C or D . Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B , C or D is relevant.


document_id: ea-1893
provision_ref: s12
chapter: PART 1 - RELEVANCY OF FACTS
section: 12
title: In suits for damages facts tending to enable court to determine amount are relevant
content:
12. In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant.


document_id: ea-1893
provision_ref: s13
chapter: PART 1 - RELEVANCY OF FACTS
section: 13
title: Facts relevant when right or custom is in question
content:
13. Where the question is as to the existence of any right or custom, the following facts are relevant: ( a ) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied or which was inconsistent with its existence; and ( b ) particular instances in which the right or custom was claimed, recognised or exercised or in which its exercise was disputed, asserted or departed from. Illustration The question is whether A has a right to a fishery. A deed conferring the fishery on A ’s ancestors, a mortgage of the fishery by A ’s father, a subsequent grant of the fishery by A ’s father irreconcilable with the mortgage, particular instances in which A ’s father exercised the right, or in which the exercise of the right was stopped by A ’s neighbours, are relevant facts.


document_id: ea-1893
provision_ref: s14
chapter: PART 1 - RELEVANCY OF FACTS
section: 14
title: Facts showing existence of state of mind or of body or bodily feeling
content:
14. Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant when the existence of any such state of mind or body or bodily feeling is in issue or relevant. Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists not generally but in reference to the particular matter in question. Explanation 2.—But where upon the trial of a person accused of an offence the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person is also a relevant fact. Illustrations ( a ) A is accused of receiving stolen goods, knowing them to be stolen. It is proved that A was in possession of a particular stolen article. The fact that at the same time A was in possession of many other stolen articles is relevant as tending to show that A knew each and all of the articles of which A was in possession to be stolen. ( b ) A is accused of fraudulently delivering to another person a counterfeit coin, which at the time when A delivered it A knew to be counterfeit. The fact that at the time of its delivery A was in possession of a number of other pieces of counterfeit coin is relevant. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin, knowing it to be counterfeit, is relevant. ( c ) A sues B for damage done by a dog of B ’s, which B knew to be ferocious. The facts that the dog had previously bitten X , Y and Z and that they had made complaints to B are relevant. ( d ) The question is whether A , the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to A by the payee, if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person. ( e ) A is accused of defaming B by publishing an imputation intended to harm the reputation of B . The fact of previous publications by A respecting B showing ill will on the part of A towards B is relevant, as proving A ’s intention to harm B ’s reputation by the particular publication in question. The facts that there was no previous quarrel between A and B and that A repeated the matter complained of as A heard it, are relevant as showing that A did not intend to harm the reputation of B . ( f ) A is sued by B for fraudulently representing to B that C was solvent, whereby B being induced to trust C , who was insolvent, suffered loss. The fact that at the time when A represented C to be solvent C was supposed to be solvent by his or her neighbours, and by persons dealing with him or her, is relevant, as showing that A made the representation in good faith. ( g ) A is sued by B for the price of work done by B upon a house of which A is owner by the order of C , a contractor. A ’s defence is that B ’s contract was with C . The fact that A paid C for the work in question is relevant as providing that A did in good faith make over to C the management of the work in question, so that C was in a position to contract with B on C ’s own account and not as agent for A . ( h ) A is accused of the dishonest misappropriation of property which A had found, and the question is whether, when A appropriated it A believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew or had reason to believe that the notice was given fraudulently by C who had heard of the loss of the property and wished to set up a false claim to it, is relevant as showing that the fact that A knew of the notice did not disprove A ’s good faith. ( i ) A is charged with shooting at B with intent to kill B . In order to show A ’s intent, the fact of A ’s having previously shot at B may be proved. ( j ) A is charged with sending threatening letters to B . Threatening letters previously sent by A to B may be proved as showing the intention of the letters. ( k ) The question is whether A has been guilty of cruelty towards B his wife. Expression of their feelings towards each other shortly before or after the alleged cruelty are relevant facts. ( l ) The question is whether A ’s death was caused by poison. Statements made by A during A ’s illness as to A ’s symptoms are relevant facts. ( m ) The question is, what was the state of A ’s health at the time when an assurance on A ’s life was effected? Statements made by A as to the state of A ’s health at or near the time in question are relevant facts. ( n ) A sues B for negligence in providing A with a motor car for hire not reasonably fit for use whereby A was injured. The fact that B ’s attention was drawn on other occasions to the defect of that particular motor car is relevant. The fact that B was habitually negligent about the motor cars which B let to hire is irrelevant. ( o ) A is tried for the murder of B by intentionally shooting B dead. The fact that A on other occasions shot at B is relevant as showing A ’s intention to shoot B . The fact that A was in the habit of shooting at people with intent to murder them is irrelevant. ( p ) A is tried for a crime. The fact that A said something indicating an intention to commit that particular crime is relevant. The fact that A said something indicating a general disposition to commit crimes of that class is irrelevant.


document_id: ea-1893
provision_ref: s15
chapter: PART 1 - RELEVANCY OF FACTS
section: 15
title: Facts bearing on question whether act was accidental or intentional
content:
15. When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. Illustrations ( a ) A is accused of burning down A ’s house in order to obtain money for which it is insured. The facts that A lived in several houses successively, each of which A insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant as tending to show that the fire was not accidental. ( b ) A is employed to receive money from the debtors of B . It is A ’s duty to make entries in a book showing the amounts received by A . A makes an entry showing that on a particular occasion A received less than A really did receive. The question is whether this false entry was accidental or intentional. The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A , are relevant. ( c ) A is accused of fraudulently delivering to B a counterfeit dollar. The question is whether the delivery of the dollar was accidental. The facts that soon before or soon after the delivery to B , A delivered counterfeit dollars to C , D and E are relevant as showing that the delivery to B was not accidental.


document_id: ea-1893
provision_ref: s16
chapter: PART 1 - RELEVANCY OF FACTS
section: 16
title: Existence of course of business when relevant
content:
16. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations ( a ) The question is whether a particular letter was despatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that that particular letter was put in that place, are relevant. ( b ) The question is whether a particular letter reached A . The facts that it was posted in due course and was not returned are relevant. Admissions and confessions


document_id: ea-1893
provision_ref: s17
chapter: PART 1 - RELEVANCY OF FACTS
section: 17
title: Admission and confession defined
content:
17. —(1) An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances hereinafter mentioned. (2) A confession is an admission made at any time by a person accused of an offence, stating or suggesting the inference that the person committed that offence.


document_id: ea-1893
provision_ref: s18
chapter: PART 1 - RELEVANCY OF FACTS
section: 18
title: Admission by party to proceeding or his or her agent, by suitor in representative character, etc.
content:
18. —(1) Statements made by a party to the proceeding or by an agent to any such party whom the court regards under the circumstances of the case as expressly or impliedly authorised by him or her to make them are admissions. (2) Statements made by parties to suits, suing or sued in a representative character, are not admissions unless they were made while the party making them held that character. (3) Statements made by — ( a ) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or ( b ) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions if they are made during the continuance of the interest of the persons making the statements.


document_id: ea-1893
provision_ref: s19
chapter: PART 1 - RELEVANCY OF FACTS
section: 19
title: Admissions by persons whose position must be proved as against party to suit
content:
19. Statements made by persons whose position or liability it is necessary to prove as against any party to the suit are admissions if the statements would be relevant as against the persons in relation to the position or liability in a suit brought by or against them, and if they are made while the person making them occupies the position or is subject to the liability. Illustration A undertakes to collect rents for B . B sues A for not collecting rent due from C to B . A denies that rent was due from C to B . A statement by C that he or she owed B rent is an admission and is a relevant fact, as against A , if A denies that C did owe rent to B .


document_id: ea-1893
provision_ref: s20
chapter: PART 1 - RELEVANCY OF FACTS
section: 20
title: Admissions by persons expressly referred to by party to suit
content:
20. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration The question is whether a horse sold by A to B is sound. A says to B : “Go and ask C , C knows all about it”. C ’s statement is an admission.


document_id: ea-1893
provision_ref: s21
chapter: PART 1 - RELEVANCY OF FACTS
section: 21
title: Proof of admissions against persons making them and by or on their behalf
content:
21. Admissions are relevant and may be proved as against the person who makes them or his or her representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his or her representative in interest except in the following cases: ( a ) an admission may be proved by or on behalf of the person making it when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32; ( b ) an admission may be proved by or on behalf of the person making it when it consists of a statement of the existence of any state of mind or body relevant or in issue, made at or about the time when such state of mind or body existed and is accompanied by conduct rendering its falsehood improbable; ( c ) an admission may be proved by or on behalf of the person making it if it is relevant otherwise than as an admission. Illustrations ( a ) The question between A and B is whether a certain deed is or is not forged. A affirms that it is genuine; B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by A that the deed is genuine, nor can B prove a statement by B that the deed is forged. ( b ) A , the captain of a ship, is tried for casting the ship away. Evidence is given to show that the ship was taken out of the ship’s proper course. A produces a book kept by A in the ordinary course of A ’s business, showing observations alleged to have been taken by A from day to day, and indicating that the ship was not taken out of the ship’s proper course. A may prove these statements because they would be admissible between third parties if A were dead under section 32(1)( b ). ( c ) A is accused of a crime committed by A at Singapore. A produces a letter written by A and dated at Penang on that day, and bearing the Penang postmark of that day. The statement in the date of the letter is admissible, because if A were dead it would be admissible under section 32(1)( b ). ( d ) A is accused of receiving stolen goods, knowing them to be stolen. A offers to prove that A refused to sell them below their value. A may prove these statements though they are admissions, because they are explanatory of conduct influenced by facts in issue. ( e ) A is accused of fraudulently having in A ’s possession counterfeit coin which A knew to be counterfeit. A offers to prove that A asked a skilful person to examine the coin as A doubted whether it was counterfeit or not, and that that person did examine it and told A it was genuine. A may prove these facts for the reasons stated in illustration ( d ). [4/2012]


document_id: ea-1893
provision_ref: s22
chapter: PART 1 - RELEVANCY OF FACTS
section: 22
title: When oral admissions as to contents of documents are relevant
content:
22. Oral admissions as to the contents of a document are not relevant unless the party proposing to prove them shows that he or she is entitled to give secondary evidence of the contents of the document under the rules contained in this Act, or unless the genuineness of a document produced is in question.


document_id: ea-1893
provision_ref: s23
chapter: PART 1 - RELEVANCY OF FACTS
section: 23
title: Admissions in civil cases when relevant
content:
23. —(1) In civil cases, no admission is relevant if it is made — ( a ) upon an express condition that evidence of it is not to be given; or ( b ) upon circumstances from which the court can infer that the parties agreed together that evidence of it should not be given. [4/2012] (2) Nothing in subsection (1) is to be taken — ( a ) to exempt any advocate or solicitor from giving evidence of any matter of which he or she may be compelled to give evidence under section 128; or ( b ) to exempt any legal counsel in an entity from giving evidence of any matter of which he or she may be compelled to give evidence under section 128A. [4/2012] 24. [ Repealed by Act 15 of 2010 ] 25. [ Repealed by Act 15 of 2010 ] 26. [ Repealed by Act 15 of 2010 ] 27. [ Repealed by Act 15 of 2010 ] 28. [ Repealed by Act 15 of 2010 ] 29. [ Repealed by Act 15 of 2010 ] 30. [ Repealed by Act 15 of 2010 ]


document_id: ea-1893
provision_ref: s31
chapter: PART 1 - RELEVANCY OF FACTS
section: 31
title: Admissions not conclusive proof but may estop
content:
31. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions in this Act.


document_id: ea-1893
provision_ref: s32
chapter: PART 1 - RELEVANCY OF FACTS
section: 32
title:
Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

content:
32. —(1) Subject to subsections (2) and (3), statements of relevant facts made by a person (whether orally, in a document or otherwise), are themselves relevant facts in the following cases: when it relates to cause of death; ( a ) when the statement is made by a person as to the cause of the person’s death, or as to any of the circumstances of the transaction which resulted in the person’s death, in cases in which the cause of that person’s death comes into question; such statements are relevant whether the person who made them was or was not at the time when they were made under expectation of death, and whatever may be the nature of the proceeding in which the cause of the person’s death comes into question; or is made in course of trade, business, profession or other occupation; ( b ) when the statement was made by a person in the ordinary course of a trade, business, profession or other occupation and in particular when it consists of — (i) any entry or memorandum in books kept in the ordinary course of a trade, business, profession or other occupation or in the discharge of professional duty; (ii) an acknowledgment (whether written or signed) for the receipt of money, goods, securities or property of any kind; (iii) any information in market quotations, tabulations, lists, directories or other compilations generally used and relied upon by the public or by persons in particular occupations; or (iv) a document constituting, or forming part of, the records (whether past or present) of a trade, business, profession or other occupation that are recorded, owned or kept by any person, body or organisation carrying out the trade, business, profession or other occupation, and includes a statement made in a document that is, or forms part of, a record compiled by a person acting in the ordinary course of a trade, business, profession or other occupation based on information supplied by other persons; or against interest of maker; ( c ) when the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose the person or would have exposed the person to a criminal prosecution or to a suit for damages; or gives opinion as to public right or custom or matters of general interest; ( d ) when the statement gives the opinion of any such person as to the existence of any public right or custom or matter of public or general interest, of the existence of which if it existed the person would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen; or relates to existence of relationship; ( e ) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised; or is made in will or deed relating to family affairs; ( f ) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised; or in document relating to transaction mentioned in section 13( a ); ( g ) when the statement is contained in any deed or other document which relates to any such transaction as is mentioned in section 13( a ); or is made by several persons and expresses feelings relevant to matter in question; ( h ) when the statement was made by a number of persons and expressed feelings or impressions on their part relevant to the matter in question; or is made by person who is compellable but refuses to give evidence; ( i ) when the statement was made by a person who, being compellable to give evidence on behalf of the party desiring to give the statement in evidence, attends or is brought before the court, but refuses to be sworn or affirmed, or is sworn or affirmed but refuses to give any evidence; or is made by person who is dead or who cannot be produced as witness; ( j ) when the statement is made by a person in respect of whom it is shown — (i) is dead or unfit because of his or her bodily or mental condition to attend as a witness; (ii) that despite reasonable efforts to locate him or her, he or she cannot be found whether within or outside Singapore; (iii) that he or she is outside Singapore and it is not practicable to secure his or her attendance; or (iv) that, being competent but not compellable to give evidence on behalf of the party desiring to give the statement in evidence, he or she refuses to do so; or by agreement. ( k ) when the parties to the proceedings agree that for the purpose of those proceedings the statement may be given in evidence. Illustrations ( a ) The question is whether A was murdered by B . A dies of injuries received in a transaction in the course of which she was raped. The question is whether A was raped by B ; or The question is whether A was killed by B under such circumstances that a suit would lie against B by A ’s widow. Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration, are relevant facts. ( b ) The question is as to the date of A ’s birth. An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that on a given day he or she attended A ’s mother and delivered her of a son, is a relevant fact. ( c ) The question is whether A was in Singapore on a given day. A statement in the diary of a deceased solicitor regularly kept in the course of business that on a given day the solicitor attended A at a place mentioned in Singapore for the purpose of conferring with A upon specified business is a relevant fact. ( d ) The question is whether a ship sailed from Singapore harbour on a given day. A letter written by a deceased member of a merchant’s firm by which the ship was chartered to their correspondents in London, to whom the cargo was consigned, stating that the ship sailed on a given day from Singapore harbour is a relevant fact. ( e ) The question is whether rent was paid to A for certain land. A letter from A ’s deceased agent to B , saying that the agent had received the rent on A ’s account and held it at A ’s orders, is a relevant fact. ( f ) The question is whether A and B were legally married. The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime is relevant. ( g ) The question is whether A , a person who cannot be found, wrote a letter on a certain day. The fact that a letter written by A is dated on that day is relevant. ( h ) The question is, what was the cause of the wreck of a ship? A protest made by the captain, whose attendance cannot be procured, is a relevant fact. ( i ) The question is, what was the price of shares on a certain day in a particular market? A statement of the price made by a deceased broker in the ordinary course of his or her business is a relevant fact. ( j ) The question is whether A , who is dead, was the father of B . A statement by A that B was his son is a relevant fact. ( k ) The question is, what was the date of the birth of A ? A letter from A ’s deceased father to a friend, announcing the birth of A on a given day, is a relevant fact. ( l ) The question is whether and when A and B were married. An entry in a memorandum-book by C , the deceased father of B , of his daughter’s marriage with A on a given date, is a relevant fact. ( m ) A sues B for a libel expressed in a printed caricature exposed in a shop‑window. The question is as to the similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these points may be proved. [4/2012] (2) For the purposes of paragraph ( a ), ( c ), ( d ), ( e ), ( f ), ( g ), ( h ), ( i ) or ( j ) of subsection (1), where a person makes an oral statement to or in the hearing of another person who, at the request of the maker of the statement, puts it (or the substance of it) into writing at the time or reasonably soon afterwards, thereby producing a corresponding statement in a document, the statement in the document is to be treated for the purposes of those paragraphs as the statement of the maker of the oral statement. [4/2012] (3) A statement which is otherwise relevant under subsection (1) is not relevant if the court is of the view that it would not be in the interests of justice to treat it as relevant. [4/2012] (4) Except in the case of subsection (1)( k ), evidence may not be given under subsection (1) on behalf of a party to the proceedings unless that party complies — ( a ) in the case of criminal proceedings, with such notice requirements and other conditions as may be prescribed by the Minister under section 428 of the Criminal Procedure Code 2010; and ( b ) in all other proceedings, with such notice requirements and other conditions as may be prescribed in the Rules of Court or the Family Justice Rules. [4/2012; 27/2014] (5) Where a statement is admitted in evidence under subsection (1), the court shall assign such weight as it deems fit to the statement. [4/2012] (6) Despite paragraph ( k ) of subsection (1), an agreement under that paragraph does not enable a statement to be given in evidence in criminal proceedings on the prosecution’s behalf unless at the time the agreement is made, the accused or any of the co‑accused is represented by an advocate. [4/2012] (7) Despite paragraph ( k ) of subsection (1), an agreement under that paragraph is of no effect for the purposes of any proceedings before the General Division of the High Court or any proceedings arising out of proceedings before the General Division of the High Court if made during proceedings before an examining Magistrate conducting a committal hearing under Division 2 of Part 10 of the Criminal Procedure Code 2010 as in force immediately before 17 September 2018. [4/2012; 19/2018; 40/2019]


document_id: ea-1893
provision_ref: s32A
chapter: PART 1 - RELEVANCY OF FACTS
section: 32A
title: Protest, greeting, etc., treated as stating fact that utterance implies
content:
32A. For the purposes of section 32(1), a protest, greeting or other verbal utterance may be treated as stating any fact that the utterance implies. [4/2012]


document_id: ea-1893
provision_ref: s32B
chapter: PART 1 - RELEVANCY OF FACTS
section: 32B
title: Statement of opinion
content:
32B. —(1) Subject to this section, section 32 applies to statements of opinion as they apply to statements of fact. [4/2012] (2) A statement of opinion is only admissible under section 32(1) if that statement would be admissible in those proceedings if made through direct oral evidence. [4/2012] (3) Where a person is called as a witness in any proceedings, a statement of opinion by him or her on a relevant matter on which he or she is not qualified to give expert evidence, if made as a way of conveying relevant facts personally perceived by him or her, is admissible as evidence of what he or she perceived. [4/2012]


document_id: ea-1893
provision_ref: s32C
chapter: PART 1 - RELEVANCY OF FACTS
section: 32C
title:
Admissibility of evidence as to credibility of maker, etc., of statement admitted under certain provisions

content:
32C. —(1) Where in any proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 32(1) — ( a ) any evidence which, if that person had been so called, would be admissible for the purpose of undermining or supporting that person’s credibility as a witness, is admissible for that purpose in those proceedings; and ( b ) as regards any matter which, if that person had been so called, could have been put to him or her in cross‑examination for the purpose of undermining his or her credibility as a witness, being a matter of which, if he or she had denied it, evidence could not have been adduced by the cross‑examining party, evidence of that matter may with the permission of the court be given for that purpose. [4/2012] [Act 25 of 2021 wef 01/04/2022] (2) Where in any proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 32(1), evidence tending to prove that, whether before or after he or she made that statement, he or she made another statement (orally, written or otherwise) inconsistent with the firstmentioned statement is admissible for the purpose of showing that the person has contradicted himself or herself. [4/2012] (3) For the purposes of section 32(1)( b ), subsections (1) and (2) apply in relation to both the maker of the statement and the person who originally supplied the information from which the statement was made. [4/2012] (4) Section 32(2) applies for the purposes of this section as it applies for the purposes of section 32(1). [4/2012]


document_id: ea-1893
provision_ref: s33
chapter: PART 1 - RELEVANCY OF FACTS
section: 33
title:
Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

content:
33. Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or if the witness’s presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable subject to the following provisions: ( a ) the proceeding was between the same parties or their representatives in interest; ( b ) the adverse party in the first proceeding had the right and opportunity to cross-examine; ( c ) the questions in issue were substantially the same in the first as in the second proceeding. Explanation.— A criminal trial or inquiry is deemed to be a proceeding between the prosecutor and the accused within the meaning of this section. Statements made under special circumstances


document_id: ea-1893
provision_ref: s34
chapter: PART 1 - RELEVANCY OF FACTS
section: 34
title: Entries in books of accounts when relevant
content:
34. Entries in books of accounts regularly kept in the course of business are relevant whenever they refer to a matter into which the court has to inquire, but such statements are not alone sufficient evidence to charge any person with liability. Illustration A sues B for $1,000 and shows entries in his or her account books showing B to be indebted to A to this amount. The entries are relevant, but are not sufficient without other evidence to prove the debt. 35. [ Repealed by Act 4 of 2012 ] 36. [ Repealed by Act 4 of 2012 ]


document_id: ea-1893
provision_ref: s36A
chapter: PART 1 - RELEVANCY OF FACTS
section: 36A
title: Rules for filing and receiving evidence and documents in court by using information technology
content:
36A. —(1) The Rules Committee constituted under the Supreme Court of Judicature Act 1969, and the Family Justice Rules Committee constituted under the Family Justice Act 2014, may make rules to provide for the filing, receiving and recording of evidence and documents in court by the use of information technology in such form, manner or method as may be prescribed. [27/2014] (2) Without limiting subsection (1), such rules may — ( a ) modify such provisions of this Act as may be necessary for the purpose of facilitating the use of electronic filing of documents in court; ( b ) provide for the burden of proof and rebuttable presumptions in relation to the identity and authority of the person sending or filing the evidence or documents by the use of information technology; and ( c ) provide for the authentication of evidence and documents filed or received by the use of information technology.


document_id: ea-1893
provision_ref: s37
chapter: PART 1 - RELEVANCY OF FACTS
section: 37
title: Relevancy of entry in public record made in performance of duty
content:
37. An entry in any public or other official book, register or record, stating a fact in issue or relevant fact and made by a public officer in the discharge of his or her official duty or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record is kept, is itself a relevant fact.


document_id: ea-1893
provision_ref: s38
chapter: PART 1 - RELEVANCY OF FACTS
section: 38
title: Relevancy of statements in maps, charts and plans
content:
38. Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of Government as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.


document_id: ea-1893
provision_ref: s39
chapter: PART 1 - RELEVANCY OF FACTS
section: 39
title:
Relevancy of statement as to fact of public nature contained in certain Ordinances, Acts or notifications

content:
39. When the court has to form an opinion as to the existence of any fact of a public nature, any statement of it made in a recital contained in — ( a ) any Act or Ordinance; ( b ) any legislation enacted by the Parliament of Malaysia or by the legislature of any part of the Commonwealth; ( c ) any legislation enacted by the legislature of any State of Malaysia; or ( d ) any document purporting to be — (i) the Government Gazette ; (ii) the London Gazette ; or (iii) the Gazette printed under the authority of the Government of Malaysia or of any State thereof or of the government of any other part of the Commonwealth including, where such part is under both a central government and a local government, any such local government, is a relevant fact. [Act 5 of 2025 wef 09/03/2025]


document_id: ea-1893
provision_ref: s40
chapter: PART 1 - RELEVANCY OF FACTS
section: 40
title: Relevancy of statements as to any law contained in law books
content:
40. When the court has to form an opinion as to a law of any country, any statement of the law contained in a book purporting to be printed or published under the authority of the government of the country, and to contain any such law, and any report of a ruling of the courts of the country contained in a book purporting to be a report of the rulings, is relevant. How much of a statement is to be proved


document_id: ea-1893
provision_ref: s41
chapter: PART 1 - RELEVANCY OF FACTS
section: 41
title:
What evidence to be given when statement forms part of conversation, document, book or series of letters or papers

content:
41. When any statement of which evidence is given forms part of a longer statement or of a conversation, or part of an isolated document or is contained in a document which forms part of a book or of a connected series of letters or papers, evidence is to be given of so much and no more of the statement, conversation, document, book or series of letters or papers as the court considers necessary in that particular case to the full understanding of the nature and effect of the statement and of the circumstances under which it was made. Judgments of courts of justice when relevant


document_id: ea-1893
provision_ref: s42
chapter: PART 1 - RELEVANCY OF FACTS
section: 42
title: Previous judgments relevant to bar a second suit or trial
content:
42. The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether the court ought to take cognizance of the suit or to hold the trial.


document_id: ea-1893
provision_ref: s43
chapter: PART 1 - RELEVANCY OF FACTS
section: 43
title: Relevancy of certain judgments in probate, etc., jurisdiction
content:
43. —(1) A final judgment, order or decree of a competent court, in the exercise of probate, matrimonial, admiralty or bankruptcy jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character or the title of any such person to any such thing is relevant. (2) Such judgment, order or decree is conclusive proof — ( a ) that any legal character which it confers accrued at the time when such judgment, order or decree came into operation; ( b ) that any legal character to which it declares any such person to be entitled accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person; ( c ) that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and ( d ) that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be that person’s property.


document_id: ea-1893
provision_ref: s44
chapter: PART 1 - RELEVANCY OF FACTS
section: 44
title: Relevancy and effect of judgments, orders or decrees other than those mentioned in section 43
content:
44. Judgments, orders or decrees other than those mentioned in section 43 are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are not conclusive proof of that which they state. Illustration A sues B for trespass on A ’s land. B alleges the existence of a public right of way over the land which A denies. The existence of a decree in favour of the defendant in a suit by A against C for a trespass on the same land in which C alleged the existence of the same right of way is relevant, but it is not conclusive proof that the right of way exists.


document_id: ea-1893
provision_ref: s45
chapter: PART 1 - RELEVANCY OF FACTS
section: 45
title: Judgments, etc., other than those mentioned in sections 42, 43 and 44 when relevant
content:
45. Judgments, orders or decrees other than those mentioned in sections 42, 43 and 44 are irrelevant unless the existence of such judgment, order or decree is a fact in issue or is relevant under some other provision of this Act. Illustrations ( a ) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case or in neither. A obtains a decree against C for damages on the ground that C failed to make out C ’s justification. The fact is irrelevant as between B and C . ( b ) [ Deleted by Act 15 of 2019 ] ( c ) A has obtained a decree for the possession of land against B . C , B ’s son, murders A in consequence. The existence of the judgment is relevant as showing motive for a crime. ( d ) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue. ( e ) A is tried for the murder of B . The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue. [15/2019]


document_id: ea-1893
provision_ref: s45A
chapter: PART 1 - RELEVANCY OF FACTS
section: 45A
title: Relevance of convictions and acquittals
content:
45A. —(1) Without affecting sections 42, 43, 44 and 45, the fact that a person has been convicted or acquitted of an offence by or before any court in Singapore is admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that the person committed (or, as the case may be, did not commit) that offence, whether or not the person is a party to the proceedings; and where the person was convicted, whether the person was so convicted upon a plea of guilty or otherwise. (2) A conviction referred to in subsection (1) is relevant and admissible unless — ( a ) it is subject to review or appeal that has not yet been determined; ( b ) it has been quashed or set aside; or ( c ) a pardon has been given in respect of it. (3) A person proved to have been convicted of an offence under this section is, unless the contrary is proved, taken to have committed the acts and to have possessed the state of mind (if any) which at law constitute that offence. (4) Any conviction or acquittal admissible under this section may be proved by a certificate of conviction or acquittal, signed by the Registrar of the Supreme Court, the registrar of the State Courts or the registrar of the Family Justice Courts (as the case may be), giving the substance and effect of the charge and of the conviction or acquittal. [5/2014; 27/2014] (5) Where relevant, any document containing details of the information, complaint, charge, agreed statement of facts or record of proceedings on which the person in question is convicted is admissible in evidence. (6) The method of proving a conviction or acquittal under this section is in addition to any other authorised manner of proving a conviction or acquittal. (7) In any criminal proceedings, this section is subject to any written law or any other rule of law to the effect that a conviction is not admissible to prove a tendency or disposition on the part of the accused to commit the kind of offence with which the accused has been charged. (8) In this section — “registrar of the Family Justice Courts” includes the deputy registrar or an assistant registrar of the Family Justice Courts; “registrar of the State Courts” includes a deputy registrar of the State Courts; “Registrar of the Supreme Court” includes the Deputy Registrar or an Assistant Registrar of the Supreme Court. [27/2014]


document_id: ea-1893
provision_ref: s46
chapter: PART 1 - RELEVANCY OF FACTS
section: 46
title: Fraud or collusion in obtaining judgment or incompetency of court may be proved
content:
46. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 42, 43 or 44, and which has been proved by the adverse party, was delivered by a court not competent to deliver it or was obtained by fraud or collusion. Opinions of third persons when relevant


document_id: ea-1893
provision_ref: s47
chapter: PART 1 - RELEVANCY OF FACTS
section: 47
title: Opinions of experts
content:
47. —(1) Subject to subsection (4), when the court is likely to derive assistance from an opinion upon a point of scientific, technical or other specialised knowledge, the opinions of experts upon that point are relevant facts. [4/2012] (2) An expert is a person with such scientific, technical or other specialised knowledge based on training, study or experience. [4/2012] (3) The opinion of an expert is not irrelevant merely because the opinion or part of the opinion relates to a matter of common knowledge. [4/2012] (4) An opinion which is otherwise relevant under subsection (1) is not relevant if the court is of the view that it would not be in the interests of justice to treat it as relevant. [4/2012]


document_id: ea-1893
provision_ref: s48
chapter: PART 1 - RELEVANCY OF FACTS
section: 48
title: Facts bearing upon opinions of experts
content:
48. Facts not otherwise relevant are relevant if they support or are inconsistent with the opinions of experts when such opinions are relevant. Illustrations ( a ) The question is whether A was poisoned by a certain poison. The fact that other persons who were poisoned by that poison exhibited certain symptoms, which experts affirm or deny to be the symptoms of that poison, is relevant. ( b ) The question is whether an obstruction to a harbour is caused by a certain seawall. The fact that other harbours similarly situated in other respects but where there were no such seawalls began to be obstructed at about the same time is relevant.


document_id: ea-1893
provision_ref: s49
chapter: PART 1 - RELEVANCY OF FACTS
section: 49
title: Opinion as to handwriting when relevant
content:
49. When the court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed, that it was or was not written or signed by that person, is a relevant fact. Explanation.— A person is said to be acquainted with the handwriting of another person when he or she has seen that person write, or when he or she has received documents purporting to be written by that person in answer to documents written by himself or herself or under his or her authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him or her. Illustrations The question is whether a given letter is in the handwriting of A , a merchant in London. B is a merchant in Singapore, who has written letters addressed to A and received letters purporting to be written by A . C is B ’s clerk, whose duty it was to examine and file B ’s correspondence. D is B ’s broker, to whom B habitually submitted the letters purporting to be written by A , for the purpose of advising him or her thereon. The opinions of B , C and D on the question whether the letter is in the handwriting of A are relevant, though neither B , C nor D ever saw A write.


document_id: ea-1893
provision_ref: s50
chapter: PART 1 - RELEVANCY OF FACTS
section: 50
title: Opinion as to existence of right or custom when relevant
content:
50. When the court has to form an opinion as to the existence of any general custom or right, the opinions as to the existence of such custom or right of persons who would be likely to know of its existence, if it existed, are relevant. Explanation .—“General custom or right” includes customs or rights common to any considerable class of persons. Illustration The right of the inhabitants of a particular kampong to use the water of a particular well is a general right within the meaning of this section.


document_id: ea-1893
provision_ref: s51
chapter: PART 1 - RELEVANCY OF FACTS
section: 51
title: Opinion as to usages, tenets, etc., when relevant
content:
51. When the court has to form an opinion as to — ( a ) the usages and tenets of any body of men or family; ( b ) the constitution and government of any religious or charitable foundation; or ( c ) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon are relevant facts.


document_id: ea-1893
provision_ref: s52
chapter: PART 1 - RELEVANCY OF FACTS
section: 52
title: Opinion on relationship when relevant
content:
52. —(1) When the court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct as to the existence of such relationship of any person who as a member of the family or otherwise has special means of knowledge on the subject is a relevant fact. (2) Such opinion is not sufficient to prove a marriage in prosecutions under section 6A of the Women’s Charter 1961. Illustrations ( a ) The question is whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife is relevant. ( b ) The question is whether A was a legitimate son of B . The fact that A was always treated as such by members of the family is relevant. [51/2007; 15/2019]


document_id: ea-1893
provision_ref: s53
chapter: PART 1 - RELEVANCY OF FACTS
section: 53
title: Grounds of opinion when relevant
content:
53. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration An expert may give an account of experiments performed by him or her for the purpose of forming his or her opinion. Character when relevant


document_id: ea-1893
provision_ref: s54
chapter: PART 1 - RELEVANCY OF FACTS
section: 54
title: In civil cases character to prove conduct imputed irrelevant
content:
54. In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him or her is irrelevant, except insofar as such character appears from facts otherwise relevant.


document_id: ea-1893
provision_ref: s56
chapter: PART 1 - RELEVANCY OF FACTS
section: 56
title: Admissibility of evidence and questions about accused’s disposition or reputation
content:
56. —(1) In any criminal proceedings, the accused may — ( a ) personally or by his or her advocate ask questions of any witness with a view to establishing directly or by implication that he or she is generally or in a particular respect a person of good disposition or reputation; ( b ) himself or herself give evidence tending to establish directly or by implication that he or she is generally or in a particular respect such a person; or ( c ) call a witness to give any such evidence. (2) Where any of the things mentioned in subsection (1) has been done, the prosecution may call, and any person jointly charged with the accused may call or himself or herself give, evidence to establish that the accused is a person of bad disposition or reputation, and the prosecution or any person so charged may in cross‑examining any witness (including, where he or she gives evidence, the accused) ask him or her questions with a view to establishing that fact. (3) Where by virtue of this section a party is entitled to call evidence to establish that the accused is a person of bad disposition or reputation, that party may call evidence of the accused’s previous convictions, if any, whether or not that party calls any other evidence for that purpose. (4) Where by virtue of this section a party is entitled in cross‑examining the accused to ask him or her questions with a view to establishing that he or she is such a person, section 122(4) does not apply in relation to his or her cross‑examination by that party.


document_id: ea-1893
provision_ref: s57
chapter: PART 1 - RELEVANCY OF FACTS
section: 57
title: Character as affecting damages
content:
57. In civil cases, the fact that the character of any person is such as to affect the amount of damages which the person ought to receive is relevant. Explanation .—In sections 54, 55, 56 and 57, the word “character” includes both reputation and disposition; but, except as provided in section 56, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition are shown.


document_id: ea-1893
provision_ref: s59
chapter: PART 2 - PROOF
section: 59
title: Facts of which court must take judicial notice
content:
59. —(1) The court is to take judicial notice of the following facts: ( a ) all laws or rules having the force of law now or heretofore in force or hereafter to be in force in Singapore, including all Acts passed or hereafter to be passed by Parliament; ( b ) all Acts passed or hereafter to be passed by the legislature of any country within the Commonwealth; ( c ) articles of war for the armed forces of Singapore or any visiting forces lawfully present in Singapore; ( d ) the course of proceedings of Parliament and of the legislature of any country within the Commonwealth; ( e ) the election of the President and the appointment of any person to exercise the functions of the President; ( f ) the public seal, the seal of the President, the seals of all the courts in Singapore, the seals of notaries public, all seals that any person is authorised to use by any law in force for the time being in Singapore, and all seals of which English courts take judicial notice; [Act 29 of 2022 wef 01/08/2023] ( g ) the appointment, accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in Singapore, if the fact of their appointment to such office is notified in the Gazette ; ( h ) the existence, title and national flag of every State or Sovereign recognised by the Government; ( i ) the ordinary course of nature, natural and artificial divisions of time, the geographical divisions of the world, the meaning of English words, and public festivals, fasts and holidays notified in the Gazette ; ( j ) the countries in the Commonwealth; ( k ) the commencement, continuance and termination of hostilities between Singapore or any other part of the Commonwealth and any other country or body of persons; ( l ) the names of the members and officers of the court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates and solicitors and other persons authorised by law to appear or act before it; ( m ) the rule of the road on land or at sea; ( n ) all other matters which it is directed by any written law to notice. [16/2016] (2) In all these cases, and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference. (3) If the court is called upon by any person to take judicial notice of any fact, the court may refuse to do so unless such person produces any such book or document as it considers necessary to enable it to do so.


document_id: ea-1893
provision_ref: s60
chapter: PART 2 - PROOF
section: 60
title: Facts admitted need not be proved
content:
60. —(1) No fact need be proved in any proceeding which the parties to the proceeding or their agents agree to admit at the hearing or which before the hearing they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings. (2) The court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions. Oral evidence


document_id: ea-1893
provision_ref: s62
chapter: PART 2 - PROOF
section: 62
title: Oral evidence must be direct
content:
62. —(1) Oral evidence must in all cases be direct — ( a ) if it refers to a fact which could be seen, it must be the evidence of a witness who says he or she saw that fact; ( b ) if it refers to a fact which could be heard, it must be the evidence of a witness who says he or she heard that fact; ( c ) if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he or she perceived that fact by that sense or in that manner; ( d ) if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds. (2) The opinions of experts expressed in any treatise commonly offered for sale and the grounds on which such opinions are held may be proved by the production of such treatise if the author is dead or cannot be found or has become incapable of giving evidence or cannot be called as a witness without an amount of delay or expense which the court regards as unreasonable. (3) If oral evidence refers to the existence or condition of any material thing other than a document, the court may, if it thinks fit, require the production of such material thing for its inspection.


document_id: ea-1893
provision_ref: s62A
chapter: PART 2 - PROOF
section: 62A
title: Evidence through live video or live television links, etc.
content:
62A. —(1) Despite any other provision of this Act, a person may, with permission of the court, give evidence through a live video or live television link in any proceedings, other than proceedings in a criminal matter or proceedings for contempt of court, if — ( a ) the witness is below 18 years of age; ( b ) it is expressly agreed between the parties to the proceedings that evidence may be so given; ( c ) the witness is outside Singapore; or ( d ) the court is satisfied that it is expedient in the interests of justice to do so. [30/2019] [Act 25 of 2021 wef 01/04/2022] (2) In considering whether to grant permission for a witness outside Singapore to give evidence by live video or live television link under this section, the court is to have regard to all the circumstances of the case including the following: ( a ) the reasons for the witness being unable to give evidence in Singapore; ( b ) the administrative and technical facilities and arrangements made at the place where the witness is to give his or her evidence; [Act 25 of 2021 wef 01/04/2022] ( c ) whether any party to the proceedings would be unfairly prejudiced; [Act 25 of 2021 wef 01/04/2022] ( d ) any other matter prescribed by rules made under subsection (9). [Act 25 of 2021 wef 01/04/2022] (3) The court may, in granting permission under subsection (1), make an order on all or any of the following matters: ( a ) the persons who may be present at the place where the witness is giving evidence; ( b ) that a person be excluded from the place while the witness is giving evidence; ( c ) the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness; ( d ) the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness; ( e ) the persons in the courtroom who must be able to see and hear the witness and the persons with the witness; ( f ) the stages in the proceedings during which a specified part of the order is to have effect; ( g ) the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice; ( h ) any other order the court considers necessary in the interests of justice. [Act 25 of 2021 wef 01/04/2022] (4) The court may revoke, suspend or vary an order made under this section if — ( a ) the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available; ( b ) it is necessary for the court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties thereto; ( c ) it is necessary for the court to do so, so that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment; ( d ) it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom; [Act 25 of 2021 wef 01/04/2022] ( e ) there has been a material change in the circumstances after the court has made an order; or [Act 25 of 2021 wef 01/04/2022] ( f ) any conditions prescribed by rules made under subsection (9) for the purposes of this subsection are met. [Act 25 of 2021 wef 01/04/2022] (5) The court is not to make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings. (5A) In making any order under this section, or any particular provision in such an order, a court is to have regard to matters prescribed by rules made under subsection (9). [Act 25 of 2021 wef 01/04/2022] (6) An order made under this section does not cease to have effect merely because the person in respect of whom it was made attains 18 years of age before the proceedings in which it was made are finally determined. [30/2019] (6A) Despite any provision of this Act and this section, the parties in any civil proceedings may, with the express agreement of all the parties to the proceedings pursuant to section 11(3)( b ) of the Family Justice Act 2014, section 8(3)( b ) of the State Courts Act 1970 * or section 8A(3)( b ) of the Supreme Court of Judicature Act 1969 * , apply for permission of the court for a witness to give evidence through a live audio link only, and the application must describe the arrangements that the parties have agreed to put in place to ensure the integrity and quality of the evidence to be given by the witness. [*Updated to be consistent with the 2020 Revised Edition] [Act 25 of 2021 wef 01/04/2022] (7) Evidence given by a witness, whether in Singapore or elsewhere, through a live video or live television link by virtue of this section, or through a live audio link (without an accompanying live video link or live television link) by virtue of subsection (6A), is deemed for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code 1871 as having been given in the proceedings in which it is given. [15/2019] [Act 25 of 2021 wef 01/04/2022] (8) Where a witness gives evidence in accordance with this section, the witness is, for the purposes of this Act, deemed to be giving evidence in the presence of the court. (9) The Rules Committee constituted under the Supreme Court of Judicature Act 1969, and the Family Justice Rules Committee constituted under the Family Justice Act 2014, may make such rules as appear to it to be necessary or expedient for the purpose of giving effect to this section and for prescribing anything which may be prescribed under this section. [27/2014] (10) In this section, “live video or live television link” means a live video or live television link that is created using an electronic communication technology approved by the Chief Justice. [Act 25 of 2021 wef 01/04/2021] Documentary evidence


document_id: ea-1893
provision_ref: s64
chapter: PART 2 - PROOF
section: 64
title: Primary evidence
content:
64. Primary evidence means the document itself produced for the inspection of the court. Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the document. Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 2.—Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but where they are all copies of a common original they are not primary evidence of the contents of the original. Illustration A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original. Explanation 3.—Despite Explanation 2, if a copy of a document in the form of an electronic record is shown to reflect that document accurately, then the copy is primary evidence. Illustrations ( a ) An electronic record, which has been manifestly or consistently acted on, relied upon, or used as the information recorded or stored on the computer system (the document), is primary evidence of that document. ( b ) If the electronic record has not been manifestly or consistently acted on, relied upon, or used as a record of the information in the document, the electronic record may be a copy of the document and treated as secondary evidence of that document. [4/2012]


document_id: ea-1893
provision_ref: s65
chapter: PART 2 - PROOF
section: 65
title: Secondary evidence
content:
65. Secondary evidence means and includes — ( a ) certified copies given under the provisions hereinafter contained; ( b ) except for copies referred to in Explanation 3 to section 64, copies made from the original by electronic, electrochemical, chemical, magnetic, mechanical, optical, telematic or other technical processes, which in themselves ensure the accuracy of the copy, and copies compared with such copies; ( c ) copies made from or compared with the original; ( d ) counterparts of documents as against the parties who did not execute them; ( e ) oral accounts of the contents of a document given by some person who has himself or herself seen it. Illustrations ( a ) A photograph of an original is secondary evidence of its contents, though the 2 have not been compared, if it is proved that the thing photographed was the original. ( b ) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter if it is shown that the copy made by the copying machine was made from the original. ( c ) [ Deleted by Act 4 of 2012 ] ( d ) A copy transcribed from a copy but afterwards compared with the original is secondary evidence, but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. ( e ) Neither an oral account of a copy compared with the original nor an oral account of a photograph or machine‑copy of the original is secondary evidence of the original. [4/2012]


document_id: ea-1893
provision_ref: s67
chapter: PART 2 - PROOF
section: 67
title: Cases in which secondary evidence relating to documents may be given
content:
67. —(1) Secondary evidence may be given of the existence, condition or contents of a document admissible in evidence in the following cases: ( a ) when the original is shown or appears to be in the possession or power of — (i) the person against whom the document is sought to be proved; (ii) any person out of reach of or not subject to the process of the court; or (iii) any person legally bound to produce it, and when, after the notice mentioned in section 68, such person does not produce it; ( b ) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his or her representative in interest; ( c ) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot for any other reason not arising from his or her own default or neglect produce it in reasonable time; ( d ) when the original is of such a nature as not to be easily movable; ( e ) when the original is a public document within the meaning of section 76; ( f ) when the original is a document of which a certified copy is permitted by this Act or by any other law in force for the time being in Singapore to be given in evidence; ( g ) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in court, and the fact to be proved is the general result of the whole collection. (2) In cases ( a ), ( c ) and ( d ) in subsection (1), any secondary evidence of the contents of the document is admissible. (3) In case ( b ) in subsection (1), the written admission is admissible. (4) In case ( e ) or ( f ) in subsection (1), a certified copy of the document but no other kind of secondary evidence is admissible. (5) In case ( g ) in subsection (1), evidence may be given as to the general result of the documents by any person who has examined them and who is skilled in the examination of such documents.


document_id: ea-1893
provision_ref: s67A
chapter: PART 2 - PROOF
section: 67A
title: Proof of documents in certain cases
content:
67A. Where in any proceedings a statement in a document is admissible in evidence by virtue of section 32(1), it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it, authenticated in a manner approved by the court. [4/2012]


document_id: ea-1893
provision_ref: s68
chapter: PART 2 - PROOF
section: 68
title: Rules as to notice to produce
content:
68. —(1) Secondary evidence of the contents of the documents referred to in section 67(1)( a ) shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to that party’s solicitor, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the court considers reasonable under the circumstances of the case. (2) The notice mentioned in subsection (1) is not required in order to render secondary evidence admissible in any of the following cases or in any other case in which the court thinks fit to dispense with it: ( a ) when the document to be proved is itself a notice; ( b ) when from the nature of the case the adverse party must know that the adverse party will be required to produce it; ( c ) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force; ( d ) when the adverse party or the adverse party’s agent has the original in court; ( e ) when the adverse party or the adverse party’s agent has admitted the loss of the document; ( f ) when the person in possession of the document is out of reach of or not subject to the process of the court.


document_id: ea-1893
provision_ref: s68A
chapter: PART 2 - PROOF
section: 68A
title: Manner of giving voluminous or complex evidence
content:
68A. —(1) Evidence may be given in the form of charts, summaries or other explanatory material, in electronic or other medium, if it appears to the court that — ( a ) the materials would be likely to aid the court’s comprehension of other evidence which is relevant and admissible according to the provisions of this Act or any other written law; and ( b ) the evidence that is to be given by any party is so voluminous or complex that the court considers it convenient to assess the evidence by reference to such materials. [4/2012] (2) Any fact or opinion asserted in any material referred to in subsection (1) must be proved by relevant and admissible evidence, and if such fact or opinion is one that is admissible only on the proof of some other fact or opinion, such last mentioned fact or opinion must be proved before evidence is given of the fact or opinion firstmentioned, unless the party undertakes to give proof of such fact or opinion and the court is satisfied with such undertaking. (3) In any proceedings where any material referred to in subsection (1) is adduced in evidence, the court may — ( a ) direct the party to provide such material in electronic or other medium; ( b ) require the provision of such material or copy thereof, including the identity and address of the person who prepared the material, to the other parties; and ( c ) specify a period within which such material or copy thereof must be provided to all parties to the proceedings. [4/2012]


document_id: ea-1893
provision_ref: s69
chapter: PART 2 - PROOF
section: 69
title: Proof of signature and handwriting of person alleged to have signed or written document produced
content:
69. —(1) If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in that person’s handwriting. (2) This section does not apply to any electronic record or electronic signature to which the Electronic Transactions Act 2010 applies.


document_id: ea-1893
provision_ref: s70
chapter: PART 2 - PROOF
section: 70
title: Proof of execution of document required by law to be attested
content:
70. If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there is an attesting witness alive and subject to the process of the court and capable of giving evidence.


document_id: ea-1893
provision_ref: s71
chapter: PART 2 - PROOF
section: 71
title: Proof where no attesting witness found
content:
71. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom of Great Britain and Northern Ireland, it must be proved that the attestation of one attesting witness at least is in his or her handwriting, and that the signature of the person executing the document is in the handwriting of that person.


document_id: ea-1893
provision_ref: s72
chapter: PART 2 - PROOF
section: 72
title: Admission of execution by party to attested document
content:
72. The admission of a party to an attested document of its execution by himself or herself is sufficient proof of its execution as against him or her, though it is a document required by law to be attested.


document_id: ea-1893
provision_ref: s73
chapter: PART 2 - PROOF
section: 73
title: Proof when attesting witness denies the execution
content:
73. If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.


document_id: ea-1893
provision_ref: s75
chapter: PART 2 - PROOF
section: 75
title: Comparison of signature, writing or seal with others admitted or proved
content:
75. —(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal, admitted or proved to the satisfaction of the court to have been written or made by that person, may be compared by a witness or by the court with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose. (2) The court may direct any person present in court to write any words or figures for the purpose of enabling the court to compare the words or figures so written with any words or figures alleged to have been written by such person. (3) This section applies also, with any necessary modifications, to finger impressions. Public documents


document_id: ea-1893
provision_ref: s76
chapter: PART 2 - PROOF
section: 76
title: Public documents
content:
76. The following documents are public documents: ( a ) documents forming the acts or records of the acts of — (i) the sovereign authority; (ii) official bodies and tribunals; and (iii) public officers, legislative, judicial and executive, whether of Singapore or of any part of the Commonwealth or of a foreign country; ( b ) public records kept in Singapore of private documents.


document_id: ea-1893
provision_ref: s78
chapter: PART 2 - PROOF
section: 78
title: Certified copies of public documents
content:
78. —(1) Every public officer having the custody of a public document which any person has a right to inspect must give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate, written at the foot of such copy, that it is a true copy of such document or part thereof, as the case may be. (2) A certificate under subsection (1) must be dated and subscribed by such officer with the officer’s name and official title, and must be sealed whenever such officer is authorised by law to make use of a seal, and such copies so certified are called certified copies. Explanation .—Any officer who by the ordinary course of official duty is authorised to deliver such copies is deemed to have the custody of such documents within the meaning of this section.


document_id: ea-1893
provision_ref: s79
chapter: PART 2 - PROOF
section: 79
title: Proof of documents by production of certified copies
content:
79. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.


document_id: ea-1893
provision_ref: s80
chapter: PART 2 - PROOF
section: 80
title: Proof of other official documents
content:
80. —(1) The following public documents may be proved as follows: ( a ) the Acts, orders or notifications of the Government in any of its departments — by the records of the departments certified by the heads of those departments or by a Minister or by any document purporting to be printed or published by the authority of the Government; [Act 5 of 2025 wef 09/03/2025] ( b ) the proceedings of Parliament — by the minutes of Parliament or by published Acts or abstracts or by copies purporting to be printed or published by the authority of the Government; [Act 5 of 2025 wef 09/03/2025] ( c ) the Acts, orders or notifications of the Government of Malaysia or the proceedings of the Parliament of Malaysia — by copies or extracts contained in the Government Gazette of Malaysia or by the recognition thereof in any Act or Ordinance of Malaysia or any State thereof; ( d ) proclamations, orders or regulations issued by Her Majesty or by the Privy Council or by any department of Her Majesty’s Government — by copies or extracts contained in the London Gazette or the Gazette ; ( e ) the Acts of the Executive or the proceedings of the legislature of a foreign country — by journals published by their authority or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some public Act of Singapore; ( f ) the proceedings of a municipal body, town board or other local authority in Malaysia — by a copy of such proceedings certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body; ( g ) public documents of any other class in a foreign country — by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a notary public or of a consular officer of Singapore that the copy is duly certified by the officer having the legal custody of the original and upon proof of the character of the document according to the law of the foreign country. (2) Copies of Acts, Ordinances and Statutes passed by the legislature of any country in the Commonwealth and of orders, regulations and other instruments issued or made under the authority of any such Act, Ordinance or Statute, if purporting to be printed by the Government Printer, are to be received in evidence by all courts in Singapore without any proof being given that the copies were so printed. [16/2016] (3) In this section, “Government Printer” means, as respects any country in the Commonwealth, the printer purporting to be the printer authorised to print the Acts, Ordinances or Statutes of the legislature of that country, or otherwise to be the Government Printer of that country. [16/2016]


document_id: ea-1893
provision_ref: s80A
chapter: PART 2 - PROOF
section: 80A
title: Prints from films in possession of the Government and statutory body
content:
80A. —(1) A print, whether enlarged or not, purporting to be made from a film of any document in the possession of the Government or any specified statutory body may be produced in proof of the contents of the document or such part of the document to which the print purports to be a copy upon proof that — ( a ) while the document was in the custody or control of the Government or specified statutory body the film was taken in order to keep a permanent record thereof; and ( b ) the document photographed — (i) was subsequently destroyed, whether deliberately or otherwise; (ii) was so damaged as to be wholly or partly indecipherable; (iii) was lost; or (iv) had passed out of the custody or control of the Government or specified statutory body. [20/2018] (2) Proof — ( a ) that a print is made from a film of a document in the possession of the Government or a specified statutory body; and ( b ) of compliance with the conditions in subsection (1), may be given in respect of any document or groups of documents by a public officer or by an employee of the specified statutory body having custody or control of the film, orally or by a certificate purporting to be signed by such public officer or employee. (3) A certificate under subsection (2) is admissible in evidence in any proceedings before any court on its production without further proof. (4) On the production of a certificate under subsection (3), the court before which it is produced is to presume, until the contrary is proved — ( a ) that the facts stated in the certificate relating to the print and the compliance with the conditions in subsection (1) are true; and ( b ) that the certificate purporting to be signed by a public officer or an employee of a specified statutory body has been signed by him or her. (5) In this section — “film” includes a photographic plate, microfilm and photostatic negative; “specified statutory body” means a statutory body specified in the Second Schedule. [20/2018]


document_id: ea-1893
provision_ref: s80B
chapter: PART 2 - PROOF
section: 80B
title: Proof of signature, seal, etc., on foreign public document under Apostille Convention
content:
80B. To avoid doubt, sections 76 to 80A do not affect the operation of Part 2 of the Apostille Act 2020. [38/2020] Presumptions as to documents


document_id: ea-1893
provision_ref: s81
chapter: PART 2 - PROOF
section: 81
title: Presumption as to genuineness of certified copies
content:
81. —(1) The court is to presume to be genuine every document purporting to be a certificate, certified copy or other document which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any public officer in Singapore or any officer in Malaysia who is duly authorised thereto, if such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. (2) The court is to also presume that any officer by whom any such document purports to be signed or certified held, when the officer signed it, the official character which the officer claims in such document.


document_id: ea-1893
provision_ref: s82
chapter: PART 2 - PROOF
section: 82
title: Presumption as to documents produced as record of evidence
content:
82. Whenever any document is produced before any court purporting to be a record or memorandum of the evidence or of any part of the evidence given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence, or to be a statement or confession by any prisoner or accused person, taken in accordance with law and purporting to be signed by any Judge or Magistrate or by any such authorised officer, the court is to presume — ( a ) that the document is genuine; ( b ) that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and ( c ) that such evidence, statement or confession was duly taken.


document_id: ea-1893
provision_ref: s83
chapter: PART 2 - PROOF
section: 83
content:
83. The court is to presume the genuineness of every document purporting to be the Government Gazette of Singapore or the Government Gazette of Malaysia or of any part of the Commonwealth, or to be the Gazette issued by the local government of any part of Malaysia or of the Commonwealth, or to be a newspaper or journal and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.


document_id: ea-1893
provision_ref: s84
chapter: PART 2 - PROOF
section: 84
title: Presumption as to document admissible in England without proof of seal or signature
content:
84. When any document is produced before any court purporting to be a document which by the law in force for the time being in England or Northern Ireland would be admissible in proof of any particular in any court of justice in England or Northern Ireland, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed — ( a ) the court is to presume that such seal, stamp or signature is genuine, and that the person signing it held at the time when the person signed it the judicial or official character which the person claims; and ( b ) the document is admissible for the same purpose for which it would be admissible in England or Northern Ireland.


document_id: ea-1893
provision_ref: s85
chapter: PART 2 - PROOF
section: 85
title: Presumption as to maps or plans made by authority of Government
content:
85. —(1) The court is to presume that maps or plans purporting to be made by the authority of the Government were so made and are accurate. (2) Maps or plans made for the purposes of any cause or other proceeding, civil or criminal, must be proved to be accurate.


document_id: ea-1893
provision_ref: s86
chapter: PART 2 - PROOF
section: 86
title: Presumption as to publication containing law or report of court decision
content:
86. The court is to presume the genuineness of every publication purporting — ( a ) to be printed or published under the authority of the government of any country and to contain any law of that country; or ( b ) to contain any official or authoritative report of a decision of a court of any country. [16/2016]


document_id: ea-1893
provision_ref: s87
chapter: PART 2 - PROOF
section: 87
title: Presumption as to powers of attorney
content:
87. The court is to presume that every document purporting to be a power of attorney, and to have been executed before and authenticated by a notary public or any court, Judge, Magistrate or consular officer of Singapore, was so executed and authenticated.


document_id: ea-1893
provision_ref: s88
chapter: PART 2 - PROOF
section: 88
title: Presumption as to certified copies of foreign judicial records
content:
88. The court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of the Commonwealth is genuine and accurate if the document purports to be certified in any manner which is certified by any representative of the President or of Her Britannic Majesty in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.


document_id: ea-1893
provision_ref: s89
chapter: PART 2 - PROOF
section: 89
title: Presumption as to books, maps and charts
content:
89. The court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and place by whom or at which it purports to have been written or published.


document_id: ea-1893
provision_ref: s90
chapter: PART 2 - PROOF
section: 90
title: Presumption as to telegraphic messages
content:
90. The court may presume that a message forwarded from a telegraph office to the person to whom such message purports to be addressed corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the court is not to make any presumption as to the person by whom such message was delivered for transmission.


document_id: ea-1893
provision_ref: s91
chapter: PART 2 - PROOF
section: 91
title: Presumption as to due execution, etc., of documents not produced
content:
91. The court is to presume that every document called for and not produced, after notice to produce given under section 68, was attested, stamped and executed in the manner required by law.


document_id: ea-1893
provision_ref: s92
chapter: PART 2 - PROOF
section: 92
title: Presumption as to documents 30 years old
content:
92. Where any document purporting or proved to be 30 years old is produced from any custody which the court in the particular case considers proper, the court may presume that the signature and every other part of such document which purports to be in the handwriting of any particular person is in that person’s handwriting, and in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. Explanation .—Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable. This explanation applies also to section 83. Illustrations ( a ) A has been in possession of landed property for a long time. A produces from A ’s custody deeds relating to the land, showing A ’s titles to it. The custody is proper. ( b ) A produces deeds relating to landed property of which A is the mortgagee. The mortgagor is in possession. The custody is proper. ( c ) A , a connection of B , produces deeds relating to lands in B ’s possession, which were deposited with A by B for safe custody. The custody is proper. Exclusion of oral by documentary evidence


document_id: ea-1893
provision_ref: s93
chapter: PART 2 - PROOF
section: 93
title:
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

content:
93. When the terms of a contract or of a grant or of any other disposition of property have been reduced by or by consent of the parties to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence may be given in proof of the terms of such contract, grant or other disposition of property or of such matter except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions of this Act. Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he or she is appointed need not be proved. Exception 2.—Wills admitted to probate in Singapore may be proved by the probate. Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one. Explanation 2.—Where there are more originals than one, one original only need be proved. Explanation 3.—The statement in any document whatever of a fact, other than the facts referred to in this section, does not preclude the admission of oral evidence as to the same fact. Illustrations ( a ) If a contract is contained in several letters, all the letters in which it is contained must be proved. ( b ) If a contract is contained in a bill of exchange, the bill of exchange must be proved. ( c ) If a bill of exchange is drawn in a set of 3, one only need be proved. ( d ) A contracts in writing with B for the delivery of pepper upon certain terms. The contract mentions the fact that B had paid A the price of other pepper contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other pepper. The evidence is admissible. ( e ) A gives B a receipt for money paid by B . Oral evidence is offered of the payment. The evidence is admissible.


document_id: ea-1893
provision_ref: s94
chapter: PART 2 - PROOF
section: 94
title: Exclusion of evidence of oral agreement
content:
94. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 93, no evidence of any oral agreement or statement is to be admitted as between the parties to any such instrument or their representatives in interest for the purpose of contradicting, varying, adding to, or subtracting from its terms subject to the following provisions: ( a ) any fact may be proved which would invalidate any document or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, the fact that it is wrongly dated, want or failure of consideration, or mistake in fact or law; ( b ) the existence of any separate oral agreement, as to any matter on which a document is silent and which is not inconsistent with its terms, may be proved; in considering whether or not this proviso applies, the court is to have regard to the degree of formality of the document; ( c ) the existence of any separate oral agreement constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved; ( d ) the existence of any distinct subsequent oral agreement, to rescind or modify any such contract, grant or disposition of property, may be proved except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents; ( e ) any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description may be proved; except that the annexing of such incident would not be repugnant to or inconsistent with the express terms of the contract; ( f ) any fact may be proved which shows in what manner the language of a document is related to existing facts. Illustrations ( a ) A policy of insurance is effected on goods “in ships from Singapore to London”. The goods are shipped in a particular ship, which is lost. The fact that that particular ship was orally excepted from the policy cannot be proved. ( b ) A agrees absolutely in writing to pay B $1,000 on 1 March 1893. The fact that at the same time an oral agreement was made that the money should not be paid till 31 March cannot be proved. ( c ) An estate called “the Kranji Estate” is sold by a deed which contains a map of the property sold. The fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved. ( d ) A enters into a written contract with B to work certain mines, the property of B , upon certain terms. A was induced to do so by a misrepresentation of B as to their value. This fact may be proved. ( e ) A institutes a suit against B for the specific performance of a contract, and also prays that the contract may be reformed as to one of its provisions on the ground that that provision was inserted in it by mistake. A may prove that such a mistake was made as would by law entitle A to have the contract reformed. ( f ) A orders goods of B by a letter in which nothing is said as to the time of payment, and accepts the goods on delivery. B sues A for the price. A may show that the goods were supplied on credit for a term still unexpired. ( g ) A sells B a horse and verbally warrants the horse to be sound. A gives B a paper in these words: “Bought of A a horse for $300.” B may prove the verbal warranty. ( h ) A hires lodgings of B and gives B a card on which is written: “Rooms $80 a month.” A may prove a verbal agreement that these terms were to include partial board. A hires lodgings of B for a year, and a regularly stamped agreement drawn up by an attorney is made between them. It is silent on the subject of board. A may not prove that board was included in the terms verbally. ( i ) A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does not send the money. In a suit for the amount A may prove this. ( j ) A and B make a contract in writing to take effect upon the happening of a certain contingency. The writing is left with B , who sues A upon it. A may show the circumstances under which it was delivered. [S 210/2016]


document_id: ea-1893
provision_ref: s95
chapter: PART 2 - PROOF
section: 95
title: Exclusion of evidence to explain or amend ambiguous document
content:
95. When the language used in a document is on its face ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations ( a ) A agrees in writing to sell a horse to B for $500 or $600. Evidence cannot be given to show which price was to be given. ( b ) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.


document_id: ea-1893
provision_ref: s96
chapter: PART 2 - PROOF
section: 96
title: Exclusion of evidence against application of document to existing facts
content:
96. When language used in a document is plain in itself and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration A conveys to B by deed “my estate at Kranji containing 100 hectares”. A has an estate at Kranji containing 100 hectares. Evidence may not be given of the fact that the estate meant was one situated at a different place and of a different size.


document_id: ea-1893
provision_ref: s97
chapter: PART 2 - PROOF
section: 97
title: Evidence as to document meaningless in reference to existing facts
content:
97. When language used in a document is plain in itself, but is meaningless in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration A conveys to B by deed “my plantation in Penang”. A had no plantation in Penang, but it appears that A had a plantation in Province Wellesley, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the plantation in Province Wellesley.


document_id: ea-1893
provision_ref: s98
chapter: PART 2 - PROOF
section: 98
title: Evidence as to application of language which can apply to one only of several persons
content:
98. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one of several persons or things, evidence may be given of facts which show to which of those persons or things it was intended to apply. Illustrations ( a ) A agrees to sell to B for $500 “my white horse”. A has 2 white horses. Evidence may be given of facts which show which of them was meant. ( b ) A agrees to accompany B to Halifax. Evidence may be given of facts showing whether Halifax in Yorkshire or Halifax in Nova Scotia was meant.


document_id: ea-1893
provision_ref: s99
chapter: PART 2 - PROOF
section: 99
title:
Evidence as to application of language to one of 2 sets of facts to neither of which the whole correctly applies

content:
99. When the language used applies partly to one set of existing facts and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the 2 it was meant to apply. Illustration A agrees to sell to B “my land at X in the occupation of Y ”. A has land at X , but not in the occupation of Y , and A has land in the occupation of Y , but it is not at X . Evidence may be given of facts showing which A meant to sell.


document_id: ea-1893
provision_ref: s100
chapter: PART 2 - PROOF
section: 100
title: Evidence as to meaning of illegible characters, etc.
content:
100. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense. Illustration A , a sculptor, agrees to sell to B “all my mods”. A has both models and modelling tools. Evidence may be given to show which A meant to sell.


document_id: ea-1893
provision_ref: s101
chapter: PART 2 - PROOF
section: 101
title: Who may give evidence of agreement varying terms of document
content:
101. Persons who are not parties to a document or their representatives in interest may give evidence of any fact tending to show a contemporaneous agreement varying the terms of the document. Illustration A and B make a contract in writing that B is to sell A certain tin to be paid for on delivery. At the same time they make an oral agreement that 3 months’ credit is to be given to A . This could not be shown as between A and B , but it might be shown by C if it affected C ’s interests.


document_id: ea-1893
provision_ref: s103
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 103
title: Burden of proof
content:
103. —(1) Whoever desires any court to give judgment as to any legal right or liability, dependent on the existence of facts which the person asserts, must prove that those facts exist. (2) When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations ( a ) A desires a court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. ( b ) A desires a court to give judgment that A is entitled to certain land in the possession of B by reason of facts which A asserts and which B denies to be true. A must prove the existence of those facts.


document_id: ea-1893
provision_ref: s104
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 104
title: On whom burden of proof lies
content:
104. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations ( a ) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C , B ’s father. If no evidence were given on either side, B would be entitled to possession. Therefore the burden of proof is on A . ( b ) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed as the bond is not disputed and the fraud is not proved. Therefore the burden of proof is on B .


document_id: ea-1893
provision_ref: s105
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 105
title: Burden of proof as to particular fact
content:
105. The burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence, unless it is provided by any law that the proof of that fact is to lie on any particular person. Illustrations ( a ) A prosecutes B for theft and wishes the court to believe that B admitted the theft to C . A must prove the admission. ( b ) B wishes the court to believe that at the time in question he or she was elsewhere. B must prove it.


document_id: ea-1893
provision_ref: s106
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 106
title: Burden of proving fact to be proved to make evidence admissible
content:
106. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations ( a ) A wishes to prove a dying declaration by B . A must prove B’s death. ( b ) A wishes to prove by secondary evidence the contents of a lost document. A must prove that the document has been lost.


document_id: ea-1893
provision_ref: s107
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 107
title: Burden of proving that case of accused comes within exceptions
content:
107. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the Penal Code 1871, or within any special exception or proviso contained in any other part of the Penal Code 1871, or in any law defining the offence, is upon the person, and the court is to presume the absence of such circumstances. Illustrations ( a ) A accused of murder alleges that by reason of unsoundness of mind A did not know the nature of the act. The burden of proof is on A . ( b ) A accused of murder alleges that by grave and sudden provocation A was deprived of the power of self‑control. The burden of proof is on A . ( c ) Section 325 of the Penal Code 1871 provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances, bringing the case under section 335, lies on A .


document_id: ea-1893
provision_ref: s108
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 108
title: Burden of proving fact especially within knowledge
content:
108. When any fact is especially within the knowledge of any person, the burden of proving that fact is upon that person. Illustrations ( a ) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon that person. ( b ) A is charged with travelling on a railway without a ticket. The burden of proving that A had a ticket is on him or her.


document_id: ea-1893
provision_ref: s109
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 109
title: Burden of proving death of person known to have been alive within 30 years
content:
109. When the question is whether a person is alive or dead, and it is shown that the person was alive within 30 years, the burden of proving that the person is dead is on the person who affirms it.


document_id: ea-1893
provision_ref: s110
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 110
title: Burden of proving that person is alive who has not been heard of for 7 years
content:
110. When the question is whether a person is alive or dead, and it is proved that the person has not been heard of for 7 years by those who would naturally have heard of the person if the person had been alive, the burden of proving that the person is alive is shifted to the person who affirms it.


document_id: ea-1893
provision_ref: s111
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 111
title:
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

content:
111. When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand to each other in those relationships respectively, is on the person who affirms it.


document_id: ea-1893
provision_ref: s112
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 112
title: Burden of proof as to ownership
content:
112. When the question is whether any person is owner of anything of which the person is shown to be in possession, the burden of proving that the person is not the owner is on the person who affirms that the firstmentioned person is not the owner.


document_id: ea-1893
provision_ref: s113
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 113
title: Proof of good faith in transactions where one party is in relation of active confidence
content:
113. Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. Illustrations ( a ) The good faith of a sale by a client to an attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney. ( b ) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.


document_id: ea-1893
provision_ref: s114
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 114
title: Rebuttable presumption of paternity
content:
114. —(1) Where any person was born — ( a ) during the continuance of a valid marriage between his or her mother and any man; or ( b ) within 280 days after the dissolution of the marriage, the mother remaining unmarried, it is presumed that the person is the legitimate child of that man, unless the contrary is proved. [16/2013] (2) Subsection (1) does not apply to a person whose parenthood is determined under the Status of Children (Assisted Reproduction Technology) Act 2013. [16/2013] 115. [ Repealed by Act 8 of 1996 ]


document_id: ea-1893
provision_ref: s116
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 116
title: Court may presume existence of certain fact
content:
116. The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct, and public and private business, in their relation to the facts of the particular case. Illustrations The court may presume — ( a ) that an individual who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless the individual can account for his or her possession; ( b ) that an accomplice is unworthy of credit and his or her evidence needs to be treated with caution; ( c ) that a bill of exchange accepted or endorsed was accepted or endorsed for good consideration; ( d ) that a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or states of things usually cease to exist is still in existence; ( e ) that judicial and official acts have been regularly performed; ( f ) that the common course of business has been followed in particular cases; ( g ) that evidence which could be and is not produced would if produced be unfavourable to the person who withholds it; ( h ) that if an individual refuses to answer a question which the individual is not compelled to answer by law, the answer if given would be unfavourable to him or her; ( i ) that when a document creating an obligation is in the hands of the obligor the obligation has been discharged. But the court is also to have regard to such facts as the following in considering whether such maxims do or do not apply to the particular case before it: as to illustration ( a )—a shop-keeper has in his or her till a marked dollar soon after it was stolen and cannot account for its possession specifically but is continually receiving dollars in the course of his or her business: as to illustration ( b )— A , a person of the highest character is tried for causing a man’s death by an act of negligence in arranging certain machinery. B , a person of equally good character, who also took part in the arrangement, describes precisely what was done and admits and explains the common carelessness of A and B : as to illustration ( b )—a crime is committed by several persons. A , B and C , 3 of the criminals, are captured on the spot and kept apart from each other. Each gives an account of the crime implicating D , and the accounts corroborate each other in such a manner as to render previous concert highly improbable: as to illustration ( c )— A , the drawer of a bill of exchange, was a man of business. B , the acceptor, was a young and ignorant person completely under A’s influence: as to illustration ( d )—it is proved that a river ran in a certain course 5 years ago, but it is known that there have been floods since that time which might change its course: as to illustration ( e )—a judicial act, the regularity of which is in question, was performed under exceptional circumstances: as to illustration ( f )—the question is whether a letter was received. It is shown to have posted, but the usual course of the post was interrupted by disturbances: as to illustration ( g )—an individual refuses to produce a document which would bear on a contract of small importance on which the individual is sued, but which might also injure the feeling and reputation of his or her family: as to illustration ( h )—an individual refuses to answer a question which the individual is not compelled by law to answer, but the answer to it might cause loss to him or her in matters unconnected with the matter in relation to which it is asked: as to illustration ( i )—a bond is in possession of the obligor, but the circumstances of the case are such that he or she may have stolen it.


document_id: ea-1893
provision_ref: s116A
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 116A
title: Presumptions in relation to electronic records
content:
116A. —(1) Unless evidence sufficient to raise doubt about the presumption is adduced, where a device or process is one that, or is of a kind that, if properly used, ordinarily produces or accurately communicates an electronic record, the court is to presume that in producing or communicating that electronic record on the occasion in question, the device or process produced or accurately communicated the electronic record. Illustration A seeks to adduce evidence in the form of an electronic record or document produced by an electronic device or process. A proves that the electronic device or process in question is one that, or is of a kind that, if properly used, ordinarily produces that electronic record or document. This is a relevant fact for the court to presume that in producing the electronic record or document on the occasion in question, the electronic device or process produced the electronic record or document which A seeks to adduce. [4/2012] (2) Unless evidence to the contrary is adduced, the court is to presume that any electronic record generated, recorded or stored is authentic if it is established that the electronic record was generated, recorded or stored in the usual and ordinary course of business by a person who was not a party to the proceedings on the occasion in question and who did not generate, record or store it under the control of the party seeking to introduce the electronic record. Illustration A seeks to adduce evidence against B in the form of an electronic record. The fact that the electronic record was generated, recorded or stored in the usual and ordinary course of business by C , a neutral third party, is a relevant fact for the court to presume that the electronic record is authentic. [4/2012] (3) Unless evidence to the contrary is adduced, where an electronic record was generated, recorded or stored by a party who is adverse in interest to the party seeking to adduce the evidence, the court is to presume that the electronic record is authentic in relation to the authentication issues arising from the generation, recording or storage of that electronic record. Illustration A seeks to adduce evidence against B in the form of an electronic record. The fact that the electronic record was generated, recorded or stored by B , who opposes the relevance of the evidence, is a relevant fact for the court to presume that the electronic record is authentic. [4/2012] (4) For the purposes of subsection (2), in criminal proceedings a party to the proceedings includes — ( a ) the police officer or other officer of a law enforcement agency who was involved in the investigation of offences allegedly committed by the accused person; or ( b ) an accomplice of the accused person even though he or she is not charged with an offence in the same proceedings. [4/2012] (5) The Minister may make regulations providing for a process by which a document may be recorded or stored through the use of an imaging system, including providing for the appointment of one or more persons or organisations to certify these systems and their use, and for any matters incidental thereto, and an “approved process” in subsection (6) means a process that has been approved in accordance with the provisions of such regulations. [4/2012] (6) Where an electronic record was recorded or stored from a document produced pursuant to an approved process, the court is to presume, unless evidence to the contrary is adduced, that the electronic record accurately reproduces that document. [4/2012] (7) The matters referred to in this section may be established by an affidavit given to the best of the deponent’s knowledge and belief. [4/2012] Estoppel


document_id: ea-1893
provision_ref: s117
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 117
title: Estoppel
content:
117. When one person ( A ) has by A ’s declaration, act or omission intentionally caused or permitted another person ( B ) to believe a thing to be true and to act upon such belief, otherwise than but for that belief B would have acted, neither A or A ’s representative in interest is to be allowed in any suit or proceeding between himself, herself or itself and B or B ’s representative in interest to deny the truth of that thing. Illustration A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it. The land afterwards becomes the property of A and A seeks to set aside the sale on the ground that at the time of the sale A had no title. A must not be allowed to prove A ’s want of title.


document_id: ea-1893
provision_ref: s118
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 118
title: Estoppel of tenant and of licensee of person in possession
content:
118. —(1) No tenant of immovable property, or person claiming through such tenant, is during the continuance of the tenancy permitted to deny that the landlord of the tenant had at the beginning of the tenancy a title to the immovable property. (2) No person who came upon any immovable property by the licence of the person in possession thereof is permitted to deny that the person had a title to the possession at the time when the licence was given.


document_id: ea-1893
provision_ref: s119
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 119
title: Estoppel of bailee or licensee
content:
119. —(1) No bailee, agent or licensee is permitted to deny that the bailor, principal or licensor, by whom any goods were entrusted to any of them respectively, was entitled to those goods at the time when they were so entrusted. (2) Any such bailee, agent or licensee ( A ) may show that A was compelled to deliver up any such goods to some person who had a right to them as against A ’s bailor, principal or licensor, or that A ’s bailor, principal or licensor wrongfully and without notice to A , obtained the goods from a third person, who has claimed them from A . Witnesses


document_id: ea-1893
provision_ref: s120
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 120
title: Who may testify
content:
120. All persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. Explanation .—A lunatic is not incompetent to testify unless he or she is prevented by his or her lunacy from understanding the questions put to him or her and giving rational answers to them.


document_id: ea-1893
provision_ref: s121
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 121
title: Dumb witnesses
content:
121. —(1) A witness who is unable to speak may give his or her evidence in any other manner in which he or she can make it intelligible, as, for example, by writing or by signs; but such writing must be written and the signs made in open court. (2) Evidence so given is deemed to be oral evidence.


document_id: ea-1893
provision_ref: s122
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 122
title:
Parties to civil suit and their wives or husbands, and husband or wife of person under criminal trial

content:
122. —(1) In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit, are competent witnesses. (2) In criminal proceedings against any person, the husband or wife of such person respectively is a competent witness. (3) In any criminal proceedings, the accused is competent to give evidence on behalf of himself or herself or any person jointly charged with him or her, but is not compellable to do so. (4) Where in any criminal proceedings the accused gives evidence, then, subject to this section and section 56, the accused must not in cross‑examination be asked, and if asked is not required to answer, any question tending to reveal to the court — ( a ) the fact that the accused has committed, or has been charged with or convicted or acquitted of, any offence other than the offence charged; or ( b ) the fact that the accused is generally or in a particular respect a person of bad disposition or reputation. (5) Subsection (4) does not apply to a question tending to reveal to the court a fact about the accused such as is mentioned in paragraph ( a ) or ( b ) thereof if evidence of that fact is (by virtue of section 14 or 15 of this Act or of section 265 or 266 of the Criminal Procedure Code 2010 or of any other written law) admissible for the purpose of proving the commission by him or her of the offence charged. [15/2010] (6) Where in any criminal proceedings in which 2 or more persons are jointly charged, any of the accused gives evidence, subsection (4) does not in his or her case apply to any question tending to reveal to the court a fact about him or her such as is mentioned in subsection (4)( a ) or ( b ) if evidence of that fact is admissible for the purpose of showing any other of the accused to be not guilty of the offence with which that other is charged. (7) Subsection (4) does not apply if — ( a ) the accused has personally or by his or her advocate asked any witness for the prosecution or for a person jointly charged with him or her any question concerning the witness’s conduct on any occasion or as to whether the witness has committed, or has been charged with or convicted or acquitted of, any offence; and ( b ) the court is of the opinion that the main purpose of that question was to raise an issue as to the witness’s credibility, but the court is not to permit a question falling within subsection (4) to be put to the accused by virtue of this subsection unless it is of the opinion that the question is relevant to his or her credibility as a witness. (8) Subsection (4) does not apply where the accused has himself or herself given evidence against any person jointly charged with him or her in the same proceedings.


document_id: ea-1893
provision_ref: s123
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 123
title: Judges and Magistrates
content:
123. No Judge and, except upon the special order of the General Division of the High Court, no Magistrate may be compelled to answer any question as to his or her own conduct in court as such Judge or Magistrate or as to anything which came to his or her knowledge in court as such Judge or Magistrate; but he or she may be examined as to other matters which occurred in his or her presence while he or she was so acting. Illustrations ( a ) A , on A ’s trial before the General Division of the High Court, says that a deposition was improperly taken by B , the committing Magistrate. B cannot be compelled to answer questions as to this except upon the special order of the General Division of the High Court. ( b ) A is accused before a District Court of having given false evidence before B , a District Judge. B cannot be compelled to say what A said except upon the special order of the General Division of the High Court. ( c ) A is accused of attempting to murder a police officer while on A ’s trial before B , a Judge sitting in the General Division of the High Court. B may be examined as to what occurred. [40/2019]


document_id: ea-1893
provision_ref: s124
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 124
title: Communications during marriage
content:
124. —(1) No person who is or has been married may be compelled to disclose any communication made to him or her during marriage by any person to whom he or she is or has been married; nor may he or she be permitted to disclose any such communication unless the person who made it or his or her representative in interest consents, except in suits between married persons or proceedings in which one married person is prosecuted for any crime committed against the other. [15/2019] (2) Nothing in this section protects from disclosure any such communication made that is relevant in any criminal proceedings in respect of a specified offence. [15/2019] (3) In this section — “domestic worker” has the meaning given by section 73(4) of the Penal Code 1871; “employer”, in relation to a domestic worker, has the meaning given by section 73(4) of the Penal Code 1871; “employment agent”, in relation to a domestic worker, has the meaning given by section 73(4) of the Penal Code 1871; “member of the employer’s household” has the meaning given by section 73(4) of the Penal Code 1871; “specified offence” means any of the following offences: ( a ) a child abuse offence committed against a person below 16 years of age; ( b ) a sexual offence or an offence under Chapter 16 of the Penal Code 1871 (other than a sexual offence) committed against a person below 16 years of age; ( c ) a sexual offence or an offence under Chapter 16 of the Penal Code 1871 (other than a sexual offence) committed against a domestic worker by an employer of the domestic worker, a member of the employer’s household or an employment agent of the domestic worker; ( d ) a sexual offence or an offence under Chapter 16 of the Penal Code 1871 (other than a sexual offence) committed against a vulnerable person by a person who has the custody, charge or care of the vulnerable person; ( e ) an abetment of, a conspiracy to commit or an attempt to commit any of the offences mentioned in paragraphs ( a ) to ( d ); “vulnerable person” has the meaning given by section 74A(5) of the Penal Code 1871. [15/2019]


document_id: ea-1893
provision_ref: s125
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 125
title: Evidence as to affairs of State
content:
125. No one is permitted to produce any unpublished official records relating to affairs of State, or to give any evidence derived therefrom, except with the permission of the officer at the head of the Department concerned, who may give or withhold such permission as he or she thinks fit, subject, however, to the control of the Minister.


document_id: ea-1893
provision_ref: s126
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 126
title: Official communications
content:
126. —(1) No public officer may be compelled to disclose communications made to him or her in official confidence when he or she considers that the public interest would suffer by the disclosure. [17/2003] (2) No person who is a member, an officer or an employee of, or who is seconded to, any organisation specified in the Schedule to the Official Secrets Act 1935 may be compelled to disclose communications made to him or her in official confidence when he or she considers that the public interest would suffer by the disclosure. [17/2003]


document_id: ea-1893
provision_ref: s127
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 127
title: Information as to commission of offences
content:
127. —(1) No Magistrate or police officer may be compelled to say from where he or she got any information as to the commission of any offence. (2) No revenue officer may be compelled to say from where he or she got any information as to the commission of any offence against the public revenue or the excise laws. Explanation .—“Revenue officer” in this section means any officer employed in or about the business of any branch of the public revenue or in or about the business of any Government farm.


document_id: ea-1893
provision_ref: s128
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 128
title: Professional communications
content:
128. —(1) No advocate or solicitor is at any time permitted, unless with his or her client’s express consent, to disclose any communication made to him or her in the course and for the purpose of his or her employment as such advocate or solicitor by or on behalf of his or her client, or to state the contents or condition of any document with which he or she has become acquainted in the course and for the purpose of his or her professional employment, or to disclose any advice given by him or her to his or her client in the course and for the purpose of such employment. (2) Nothing in this section protects from disclosure — ( a ) any such communication made in furtherance of any illegal purpose; ( b ) any fact observed by any advocate or solicitor in the course of his or her employment as such showing that any crime or fraud has been committed since the commencement of his or her employment. (3) It is immaterial whether the attention of such advocate or solicitor was or was not directed to such fact by or on behalf of his or her client. Explanation .—The obligation stated in this section continues after the employment has ceased. Illustrations ( a ) A , a client, says to B , a solicitor: “I have committed forgery and I wish you to defend me”. As the defence of a man known to be guilty is not a criminal purpose this communication is protected from disclosure. ( b ) A , a client, says to B , a solicitor: “I wish to obtain possession of property by the use of a forged deed on which I request you to sue”. This communication being made in furtherance of a criminal purpose is not protected from disclosure. ( c ) A , being charged with embezzlement, retains B , a solicitor, to defend A . In the course of the proceedings B observes that an entry has been made in A ’s account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his or her employment. This being a fact observed by B in the course of his or her employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.


document_id: ea-1893
provision_ref: s128A
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 128A
title: Communications with legal counsel in entity
content:
128A. —(1) A legal counsel in an entity is not at any time permitted, except with the entity’s express consent, to disclose any communication made to him or her in the course and for the purpose of his or her employment as such legal counsel, or to state the contents or condition of any document with which he or she has become acquainted in the course and for the purpose of his or her employment as such legal counsel, or to disclose any legal advice given by him or her to the entity, or to any officer or employee of the entity, in the course and for the purpose of such employment. [4/2012] (2) Nothing in subsection (1) protects from disclosure — ( a ) any such communication made in furtherance of any illegal purpose; ( b ) any fact observed by any legal counsel in an entity in the course of his or her employment as such legal counsel showing that any crime or fraud has been committed since the commencement of his or her employment as such legal counsel; ( c ) any such communication made to the legal counsel which was not made for the purpose of seeking his or her legal advice; or ( d ) any document which the legal counsel was made acquainted with otherwise than in the course of and for the purpose of seeking his or her legal advice. [4/2012] (3) For the purposes of subsection (2)( b ), it is immaterial whether the attention of the legal counsel was or was not directed to that fact by or on behalf of the entity. [4/2012] (4) Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, subsection (1) applies in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations. [4/2012] (5) Where a legal counsel is employed by a public agency and is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (1) applies in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second‑mentioned public agency or agencies. [4/2012] (6) For the purposes of subsection (5), “public agency” includes — ( a ) the Government, including any ministry, department, agency, or Organ of State or instrumentality of the Government; ( b ) any board, commission, committee or similar body, whether corporate or unincorporate, established under a public Act for a public function (called in this subsection a statutory body); ( c ) any other board, commission, committee or similar body appointed by the Government, or by a statutory body, for a public purpose. [4/2012]


document_id: ea-1893
provision_ref: s129
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 129
title: Sections 128 and 128A to apply to interpreters, etc.
content:
129. Sections 128 and 128A apply to interpreters and other persons who work under the supervision of legal professional advisers. [4/2012]


document_id: ea-1893
provision_ref: s130
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 130
title: Privilege not waived by volunteering evidence
content:
130. —(1) If any party to a suit gives evidence therein at his or her own instance or otherwise, that party is not deemed to have consented thereby to such disclosure as is mentioned in section 128 or 128A. [4/2012] (2) If any party to a suit or proceeding calls any advocate or solicitor as a witness, that party is deemed to have consented to such disclosure as is mentioned in section 128 only if that party questions the advocate or solicitor on matters which but for the question the advocate or solicitor would not be at liberty to disclose. [4/2012] (3) If any party to a suit or proceeding calls any legal counsel in an entity as a witness, that party is deemed to have consented to such disclosure as is mentioned in section 128A only if that party questions the legal counsel on matters which but for the question the legal counsel would not be at liberty to disclose. [4/2012]


document_id: ea-1893
provision_ref: s131
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 131
title: Confidential communications with legal advisers
content:
131. —(1) No one may be compelled to disclose to the court any confidential communication which has taken place between him or her and his or her legal professional adviser unless he or she offers himself or herself as a witness, in which case he or she may be compelled to disclose any such communications as may appear to the court necessary to be known in order to explain any evidence which he or she has given, but no others. [4/2012] (2) In subsection (1) and section 129, “legal professional adviser” means — ( a ) an advocate or solicitor; or ( b ) in the case of any communication which has taken place between any officer or employee of an entity and a legal counsel employed, or deemed under section 128A(4) or (5) to be employed, by the entity in the course and for the purpose of seeking his or her legal advice as such legal counsel, that legal counsel. [4/2012]


document_id: ea-1893
provision_ref: s132
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 132
title: Production of title deeds of witness not a party
content:
132. —(1) No witness who is not a party to the suit may be compelled to produce his or her title deeds to any property, or any document by virtue of which he or she holds any property as pledgee or mortgagee, or any document the production of which might tend to criminate him or her, unless he or she has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he or she claims. (2) No witness who is a party to the suit is bound to produce any document in his or her possession or power which is not relevant or material to the case of the party requiring its production. (3) No bank may be compelled to produce the books of such bank in any legal proceeding to which such bank is not a party, except as provided by section 174.


document_id: ea-1893
provision_ref: s133
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 133
title: Production of documents which another person having possession could refuse to produce
content:
133. No one may be compelled to produce documents in his or her possession which any other person would be entitled to refuse to produce if they were in his or her possession, except for the purpose of identification, unless such last mentioned person consents to their production, nor may anyone who is entitled to refuse to produce a document be compelled to give oral evidence of its contents.


document_id: ea-1893
provision_ref: s134
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 134
title: Witness not excused from answering on ground that answer will criminate
content:
134. —(1) A witness is not excused from answering any question as to any matter relevant to the matter in issue in any suit, or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend, directly or indirectly, to criminate, such witness, or that it will expose, or tend, directly or indirectly, to expose, such witness to a penalty or forfeiture of any kind, or that it will establish or tend to establish that the witness owes a debt or is otherwise subject to a civil suit at the instance of the Government or of any other person. (2) No answer which a witness is compelled by the court to give shall subject him or her to any arrest or prosecution, or be proved against him or her in any criminal proceeding, except a prosecution for giving false evidence by such answer. (3) Before compelling a witness to answer a question the answer to which will criminate or may tend, directly or indirectly, to criminate such witness, the court is to explain to the witness the purport of subsection (2). (4) Where the accused gives evidence in any criminal proceedings — ( a ) the accused is not entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to prove the commission by him or her of the offence charged; and ( b ) except as regards any question, document or thing which in the opinion of the court is relevant solely or mainly to the accused’s credibility as a witness (not being, in the case of a question, one asked by virtue of section 56), the accused is not entitled to refuse to answer a question or produce a document or thing on the ground that to do so would — (i) tend to expose the accused to proceedings for some other offence or for the recovery of a penalty; or (ii) tend to expose the accused’s wife or husband to proceedings for an offence or for the recovery of a penalty. (5) Where a person being the wife or husband of the accused gives evidence in any criminal proceedings, that person — ( a ) is not entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to prove the commission by the accused of the offence charged; and ( b ) except as regards any question, document or thing which in the opinion of the court is relevant solely or mainly to that person’s credibility as a witness, is not entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to expose her or him to proceedings as mentioned in subsection (4)( b )(i). (6) No answer which an accused or his or her spouse is compelled to give under subsection (4)( b ) or under subsection (5)( b ) shall — ( a ) expose the accused to any proceedings for some other offence or for the recovery of a penalty or be proved against him or her in any such proceedings; or ( b ) expose the spouse to any proceedings for an offence or for the recovery of a penalty or be proved against the spouse in any such proceedings. (7) Any reference in this section to proceedings for the recovery of a penalty includes a reference to civil proceedings therefor.


document_id: ea-1893
provision_ref: s135
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 135
title: Accomplice
content:
135. —(1) An accomplice is a competent witness against an accused person. (2) Any rule of law or practice whereby at a trial it is obligatory for the court to warn itself about convicting the accused on the uncorroborated testimony of an accomplice is abrogated.


document_id: ea-1893
provision_ref: s136
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 136
title: Number of witnesses
content:
136. No particular number of witnesses is in any case required for the proof of any fact. Examination of witnesses


document_id: ea-1893
provision_ref: s137
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 137
title: Order of production and examination of witnesses
content:
137. The order in which witnesses are produced and examined is to be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and in the absence of any such law by the discretion of the court.


document_id: ea-1893
provision_ref: s138
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 138
title: Court to decide as to admissibility of evidence
content:
138. —(1) When either party proposes to give evidence of any fact, the court may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the court shall admit the evidence if it thinks that the fact, if proved, would be relevant, and not otherwise. (2) If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last mentioned fact must be proved before evidence is given of the fact firstmentioned, unless the party undertakes to give proof of such fact and the court is satisfied with such undertaking. (3) If the relevancy of one alleged fact depends upon another alleged fact being first proved, the court may, in its discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. Illustrations ( a ) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 32. The fact that the person is dead must be proved by the person proposing to prove the statement before evidence is given of the statement. ( b ) It is proposed to prove by a copy the contents of a document said to be lost. The fact that the original is lost must be proved by the person proposing to produce the copy before the copy is produced. ( c ) A is accused of receiving stolen property, knowing it to have been stolen. It is proposed to prove that A denied the possession of the property. The relevancy of the denial depends on the identity of the property. The court may, in its discretion, either require the property to be identified before the denial of the possession is proved or permit the denial of the possession to be proved before the property is identified. ( d ) It is proposed to prove a fact ( A ) which is said to have been the cause or effect of a fact in issue. There are several intermediate facts ( B , C and D ) which must be shown to exist before the fact ( A ) can be regarded as the cause or effect of the fact in issue. The court may either permit A to be proved before B , C or D is proved or may require proof of B , C and D before permitting proof of A .


document_id: ea-1893
provision_ref: s139
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 139
title: Examination-in-chief, cross-examination and re-examination
content:
139. —(1) The examination of a witness by the party who calls him or her is called his or her examination‑in‑chief. (2) The examination of a witness by the adverse party is called his or her cross‑examination. (3) Where a witness has been cross-examined and is then examined by the party who called him or her, such examination is called his or her re‑examination.


document_id: ea-1893
provision_ref: s140
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 140
title: Order of examinations and direction of re-examination
content:
140. —(1) Witnesses are to be first examined‑in‑chief, then, if the adverse party so desires, cross‑examined, then, if the party calling them so desires, re‑examined. (2) The examination and cross-examination must relate to relevant facts, but the cross‑examination need not be confined to the facts to which the witness testified on his or her examination‑in‑chief. (3) The re-examination is to be directed to the explanation of matters referred to in cross-examination; and if new matter is, by permission of the court, introduced in re‑examination, the adverse party may further cross‑examine upon that matter. (4) The court may in all cases permit a witness to be recalled either for further examination-in-chief or for further cross‑examination, and if it does so, the parties have the right of further cross-examination and re‑examination respectively.


document_id: ea-1893
provision_ref: s141
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 141
title: Cross-examination of person called to produce document
content:
141. A person summoned to produce a document does not become a witness by the mere fact that he or she produces it, and cannot be cross‑examined unless he or she is called as a witness.


document_id: ea-1893
provision_ref: s143
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 143
title: Leading questions
content:
143. Any question suggesting the answer which the person putting it wishes or expects to receive or suggesting disputed facts as to which the witness is to testify, is called a leading question.


document_id: ea-1893
provision_ref: s144
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 144
title: When they must not be asked
content:
144. —(1) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief or in a re‑examination, except with the permission of the court. (2) The court shall permit leading questions as to matters which are introductory or undisputed, or which have in its opinion been already sufficiently proved.


document_id: ea-1893
provision_ref: s145
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 145
title: When they may be asked
content:
145. —(1) Leading questions may be asked in cross‑examination, subject to the following qualifications: ( a ) the question must not put into the mouth of the witness the very words which he or she is to echo back again; and ( b ) the question must not assume that facts have been proved which have not been proved, or that particular answers have been given contrary to the fact. (2) The court, in its discretion, may prohibit leading questions from being put to a witness who shows a strong interest or bias in favour of the cross‑examining party.


document_id: ea-1893
provision_ref: s146
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 146
title: Evidence as to matters in writing
content:
146. Any witness may be asked while under examination whether any contract, grant or other disposition of property as to which the witness is giving evidence was not contained in a document, and if the witness says that it was, or if the witness is about to make any statement as to the contents of any document which in the opinion of the court ought to be produced, the adverse party may object to such evidence being given until such document is produced or until facts have been proved which entitle the party who called the witness to give secondary evidence of it. Explanation .—A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts. Illustration The question is whether A assaulted B . C deposes that he or she heard A say to D : “ B wrote a letter accusing me of theft and I will be revenged on him”. The statement is relevant as showing A ’s motive for the assault and evidence may be given of it though no other evidence is given about the letter.


document_id: ea-1893
provision_ref: s147
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 147
title: Cross-examination as to previous statements in writing
content:
147. —(1) A witness may be cross-examined as to previous statements made by him or her in writing or reduced into writing, and relevant to matters in question in the suit or proceeding in which he or she is cross‑examined, without such writing being shown to him or her or being proved; but if it is intended to contradict him or her by the writing, his or her attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him or her. (2) If a witness, upon cross-examination as to a previous oral statement made by him or her relevant to matters in question in the suit or proceeding in which he or she is cross‑examined and inconsistent with his or her present testimony, does not distinctly admit that he or she made such statement, proof may be given that he or she did in fact make it; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he or she must be asked whether or not he or she made such statement. (3) Where in any proceedings a previous inconsistent or contradictory statement made by a person called as a witness in those proceedings is proved by virtue of this section, that statement is by virtue of this subsection admissible as evidence of any fact stated therein of which direct oral evidence by the person would be admissible. (4) Where a person called as a witness in any proceedings is cross‑examined on a document used by him or her to refresh his or her memory, that document may be made evidence in those proceedings. (5) Where a document or any part of a document is received in evidence by virtue of subsection (4), any statement made in that document or part by the person using the document to refresh his or her memory is by virtue of that subsection admissible as evidence of any fact stated therein of which direct oral evidence by him or her would be admissible. (6) In estimating the weight (if any) to be attached to a statement admissible in evidence by virtue of this section regard is to be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular, to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent the facts. (7) Despite any other written law or rule of practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement which is admissible in evidence by virtue of this section is not capable of corroborating evidence given by the maker of the statement.


document_id: ea-1893
provision_ref: s148
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 148
title: Questions lawful in cross-examination
content:
148. Subject to section 154A, when a witness may be cross‑examined, the witness may, in addition to the questions hereinbefore referred to, be asked any questions which tend — ( a ) to test his or her accuracy, veracity or credibility; ( b ) to discover who he or she is and what is his or her position in life; or ( c ) to shake his or her credit by injuring his or her character, although the answer to such questions might tend, directly or indirectly, to criminate him or her, or might expose or tend, directly or indirectly, to expose him or her to a penalty or forfeiture. [20/2018]


document_id: ea-1893
provision_ref: s149
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 149
title: When witness to be compelled to answer
content:
149. If any such question relates to a matter relevant to the suit or proceeding, section 134 applies thereto.


document_id: ea-1893
provision_ref: s150
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 150
title: Court to decide when question is to be asked and when witness compelled to answer
content:
150. —(1) If any question relates to a matter not relevant to the suit or proceeding, except insofar as it affects the credit of the witness by injuring his or her character, the court is to decide whether or not the witness is to be compelled to answer it, and may, if it does not think fit to compel him or her to answer the question, warn the witness that he or she is not obliged to answer it. (2) In exercising its discretion, the court is to have regard to the following considerations: ( a ) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he or she testifies; ( b ) such questions are improper if the imputation which they convey relates to matters so remote in time or of such character that the truth of the imputation would not affect or would affect in a slight degree the opinion of the court as to the credibility of the witness on the matter to which he or she testifies; ( c ) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness’s character and the importance of his or her evidence; ( d ) the court may, if it sees fit, draw from the witness’s refusal to answer, the inference that the answer, if given, would be unfavourable.


document_id: ea-1893
provision_ref: s151
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 151
title: Question not to be asked without reasonable grounds
content:
151. No such question as is referred to in section 150 ought to be asked unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well founded. Illustrations ( a ) An advocate is instructed by a solicitor that an important witness is a professional gambler. This is a reasonable ground for asking the witness whether he or she is a professional gambler. ( b ) An advocate is informed by a person in court that an important witness is a professional gambler. The informant, on being questioned by the advocate, gives satisfactory reasons for his or her statement. This is a reasonable ground for asking the witness whether he or she is a professional gambler. ( c ) A witness of whom nothing whatever is known, is asked at random whether he or she is a professional gambler. There are here no reasonable grounds for the question. ( d ) A witness of whom nothing whatever is known being questioned as to his or her mode of life and means of living gives unsatisfactory answers. This may be a reasonable ground for asking him or her if he or she is a professional gambler.


document_id: ea-1893
provision_ref: s152
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 152
title: Procedure of court in case of question being asked without reasonable grounds
content:
152. If the court is of the opinion that any such question was asked without reasonable grounds, the court may, if it was asked by any advocate or solicitor, report the circumstances of the case to the Supreme Court in order that the Judges may, if they think fit, exercise the power to suspend or strike off the roll of advocates and solicitors given to them under the Legal Profession Act 1966.


document_id: ea-1893
provision_ref: s153
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 153
title: Indecent and scandalous questions
content:
153. The court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the court, unless they relate to facts in issue or to matters necessary to be known in order to determine whether or not the facts in issue existed.


document_id: ea-1893
provision_ref: s154
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 154
title: Questions intended to insult or annoy
content:
154. The court is to forbid any question which appears to it to be intended to insult or annoy, or which though proper in itself, appears to the court needlessly offensive in form.


document_id: ea-1893
provision_ref: s154A
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 154A
title:
Restrictions on questions and evidence in criminal proceedings involving sexual offence or child abuse offence

content:
154A. —(1) In criminal proceedings where the accused is charged with committing a sexual offence or child abuse offence, the following are subject to such restrictions as may be provided for in rules made under subsection (2): ( a ) the questions that may be asked of the alleged victim of the offence in cross-examination; ( b ) the evidence that may be adduced about the alleged victim. [20/2018] (2) The Minister may make rules to provide for — ( a ) the restrictions mentioned in subsection (1); ( b ) any exceptions to those restrictions; and ( c ) any application concerning any such restriction or exception. [20/2018]


document_id: ea-1893
provision_ref: s155
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 155
title: Exclusion of evidence to contradict answers to questions testing veracity
content:
155. When a witness has been asked and has answered any question which is relevant to the inquiry only insofar as it tends to shake the witness’s credit by injuring his or her character, no evidence may be given to contradict him or her; but if the witness answers falsely he or she may afterwards be charged with giving false evidence. Exception 1.—If a witness is asked whether he or she has been previously convicted of any crime and denies it, evidence may be given of his or her previous conviction. Exception 2.—If a witness is asked any question tending to impeach his or her impartiality and answers it by denying the facts suggested, he or she may be contradicted. Illustrations ( a ) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether in a former transaction he or she had not made a fraudulent claim. The claimant denies it. Evidence is offered to show that the claimant did make such a claim. The evidence is inadmissible. ( b ) A witness is asked whether he or she was not dismissed from a situation for dishonesty. The witness denies it. Evidence is offered to show that the witness was dismissed for dishonesty. The evidence is not admissible. ( c ) A affirms that on a certain day A saw B at Malacca. A is asked whether A was not on that day at Penang. A denies it. Evidence is offered to show that A was on that day at Penang. The evidence is admissible, not as contradicting A on a fact which affects A ’s credit, but as contradicting the alleged fact that B was seen on the day in question in Malacca. ( d ) A is tried for a rape on B . B is asked in cross-examination whether she has not had illicit intercourse with C and D . She denies it. Evidence is offered to show that she has had such intercourse with C and D . The evidence is not admissible. In each of the cases in illustrations ( c ) and ( d ), the witness might, if the denial was false, be charged with giving false evidence. ( e ) A is asked whether A has not said that A would be revenged on B , against whom A gives evidence. A denies it. A may be contradicted on the ground that the question tends to impeach A ’s impartiality.


document_id: ea-1893
provision_ref: s156
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 156
title: Questions by party to his or her own witness
content:
156. The court may, in its discretion, permit the person who calls a witness to put any questions to him or her which might be put in cross‑examination by the adverse party.


document_id: ea-1893
provision_ref: s157
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 157
title: Impeaching credit of witness
content:
157. The credit of a witness may be impeached in the following ways by the adverse party or, with the consent of the court, by the party who calls him or her: ( a ) by the evidence of persons who testify that they from their knowledge of the witness believe him or her to be unworthy of credit; ( b ) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his or her evidence; ( c ) by proof of former statements inconsistent with any part of his or her evidence which is liable to be contradicted. Explanation.— A witness declaring another witness to be unworthy of credit may not, upon his or her examination-in-chief, give reasons for his or her belief, but he or she may be asked his or her reasons in cross‑examination, and the answer which he or she gives cannot be contradicted, though, if they are false, he or she may afterwards be charged with giving false evidence. Illustrations ( a ) A sues B for the price of goods sold and delivered to B . C says that C delivered the goods to B . Evidence is offered to show that on a previous occasion C said that C had not delivered the goods to B . The evidence is admissible. ( b ) A is indicted for the murder of B . C says that B , when dying, declared that A had given B the wound of which B died. Evidence is offered to show that on a previous occasion C said that the wound was not given by A or in his or her presence. The evidence is admissible. [4/2012]


document_id: ea-1893
provision_ref: s158
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 158
title: Questions tending to corroborate evidence of relevant fact admissible
content:
158. —(1) When a witness whom it is intended to corroborate gives evidence of any relevant fact, the witness may be questioned as to any other circumstances which he or she observed at or near to the time or place at which such relevant fact occurred, if the court is of the opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact to which he or she testifies. (2) Any rule of law or practice whereby in criminal proceedings the evidence of one witness is incapable of corroborating the evidence of another witness is abrogated.


document_id: ea-1893
provision_ref: s159
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 159
title: Former statements of witness may be proved to corroborate later testimony as to same fact
content:
159. In order to corroborate the testimony of a witness, any former statement made by such witness, whether written or verbal, on oath, or in ordinary conversation, relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.


document_id: ea-1893
provision_ref: s160
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 160
title: What matters may be proved in connection with proved statement relevant under section 32 or 33
content:
160. Whenever any statement relevant under section 32 or 33 is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross‑examination the truth of the matter suggested.


document_id: ea-1893
provision_ref: s160A
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 160A
title: Evidence not capable of corroboration
content:
160A. For the purpose of any rule of law or practice that requires evidence to be corroborated or that regulates the manner in which uncorroborated evidence is to be treated — ( a ) a statement that is admissible in evidence by virtue of section 32(1) is not capable of corroborating evidence given by the maker of the statement; and ( b ) a statement that is admissible in evidence by virtue of section 32(1)( b ) is not capable of corroborating evidence given by the person who originally supplied the information from which the statement was made. [4/2012]


document_id: ea-1893
provision_ref: s161
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 161
title: Refreshing memory
content:
161. —(1) A witness may while under examination refresh his or her memory by referring to any writing made by himself or herself at the time of the transaction concerning which he or she is questioned, or so soon afterwards that the court considers it likely that the transaction was at that time fresh in his or her memory. (2) The witness may also refer to any such writing made by any other person and read by the witness within the time mentioned in subsection (1), if, when the witness read it, the witness knew it to be correct. (3) Whenever the witness may refresh his or her memory by reference to any document, the witness may, with the permission of the court, refer to a copy of such document if the court is satisfied that there is sufficient reason for the non‑production of the original. (4) An expert may refresh his or her memory by reference to professional treatises.


document_id: ea-1893
provision_ref: s162
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 162
title: Testimony to facts stated in document mentioned in section 161
content:
162. A witness may also testify to facts mentioned in any such document as is mentioned in section 161 although the witness has no specific recollection of the facts themselves, if the witness is sure that the facts were correctly recorded in the document. Illustration A book-keeper may testify to facts recorded by him or her in books regularly kept in the course of business if he or she knows that the books were correctly kept, although he or she has forgotten the particular transactions entered.


document_id: ea-1893
provision_ref: s163
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 163
title: Right of adverse party as to writing used to refresh memory
content:
163. Any writing referred to under section 161 or 162 must be produced and shown to the adverse party if he or she requires it; such party may cross‑examine the witness thereupon.


document_id: ea-1893
provision_ref: s164
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 164
title: Production and translation of documents
content:
164. —(1) A witness summoned to produce a document must, if it is in the witness’s possession or power, bring it to court despite any objection which there may be to its production or to its admissibility. (2) The validity of any such objection is to be decided on by the court. (3) The court, if it sees fit, may inspect the document unless it refers to affairs of State, or take other evidence to enable it to determine on its admissibility. (4) If for such a purpose it is necessary to cause any document to be translated, the court may, if it thinks fit, direct the translator to keep the contents secret unless the document is to be given in evidence; and if the translator disobeys such direction, the translator shall be held to have committed an offence under section 166 of the Penal Code 1871.


document_id: ea-1893
provision_ref: s165
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 165
title: Giving as evidence document called for and produced on notice
content:
165. When a party ( A ) calls for a document which A has given the other party notice to produce, and such document is produced and inspected by A , A is bound to give it as evidence if the party producing it requires A to do so and if it is relevant.


document_id: ea-1893
provision_ref: s166
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 166
title: Using as evidence document production of which was refused on notice
content:
166. When a party refuses to produce a document which that party has had notice to produce, that party cannot afterwards use the document as evidence without the consent of the other party or the order of the court. Illustration A sues B on an agreement, and gives B notice to produce it. At the trial A calls for the document, and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A , or in order to show that the agreement is not stamped. B cannot do so.


document_id: ea-1893
provision_ref: s167
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 167
title: Judge’s power to put questions or order production
content:
167. —(1) The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he or she pleases, in any form at any time, of any witness or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents are entitled to make any objection to any such question or order, nor, without the permission of the court, to cross‑examine any witness upon any answer given in reply to any such question. [Act 25 of 2021 wef 01/04/2022] (2) The judgment must be based upon facts declared by this Act to be relevant and duly proved. (3) This section does not authorise any Judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under sections 123 to 133 if the question were asked or the document were called for by the adverse party. (4) The Judge must not — ( a ) ask any question which it would be improper for any other person to ask under section 150 or 151; or ( b ) dispense with the primary evidence of any document, except in the cases excepted in this Act.


document_id: ea-1893
provision_ref: s168
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 168
title: Power of assessors to put questions
content:
168. In cases tried with assessors, the assessors may put any questions to the witnesses through or by permission of the Judge, which the Judge himself or herself might put and which he or she considers proper. [Act 25 of 2021 wef 01/04/2022] Improper admission and rejection of evidence


document_id: ea-1893
provision_ref: s169
chapter: PART 3 - PRODUCTION AND EFFECT OF EVIDENCE
section: 169
title: No new trial for improper admission or rejection of evidence
content:
169. The improper admission or rejection of evidence is not ground of itself for a new trial or reversal of any decision in any case if it appears to the court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.


document_id: ea-1893
provision_ref: s170
chapter: PART 4 - BANKERS’ BOOKS
section: 170
title: Interpretation of this Part
content:
170. In this Part — “bank” and “banker” mean any company carrying on the business of bankers in Singapore under a licence granted under any law relating to banking; “bankers’ books” includes ledgers, day books, cash books, account books and all other books used in the ordinary business of the bank; “court” means the General Division of the High Court; “legal proceeding” means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration. [40/2019]


document_id: ea-1893
provision_ref: s171
chapter: PART 4 - BANKERS’ BOOKS
section: 171
title: Mode of proof of entries in bankers’ books
content:
171. Subject to this Part, a copy of any entry in a banker’s book is in all legal proceedings to be received as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded.


document_id: ea-1893
provision_ref: s172
chapter: PART 4 - BANKERS’ BOOKS
section: 172
title: Proof that book is a banker’s book
content:
172. —(1) A copy of an entry in a banker’s book is not to be received in evidence under this Part unless it is first proved that — ( a ) the book was, at the time of the making of the entry, one of the ordinary books of the bank; ( b ) the entry was made in the usual and ordinary course of business; and ( c ) the book is in the custody or control of the bank. (2) Such proof may be given by an officer of the bank and may be given orally or by an affidavit sworn before any commissioner for oaths or person authorised to take affidavits.


document_id: ea-1893
provision_ref: s173
chapter: PART 4 - BANKERS’ BOOKS
section: 173
title: Verification of copy
content:
173. —(1) A copy of an entry in a banker’s book is not to be received in evidence under this Part unless it is further proved that the copy has been examined with the original entry and is correct. (2) Such proof is to be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any commissioner for oaths or person authorised to take affidavits.


document_id: ea-1893
provision_ref: s174
chapter: PART 4 - BANKERS’ BOOKS
section: 174
title: Production by, or appearance of, officer of bank
content:
174. An officer of a bank is not, in any legal proceedings to which the bank is not a party, compellable to produce any banker’s book the contents of which can be proved under this Part, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of a judge made for special cause.


document_id: ea-1893
provision_ref: s175
chapter: PART 4 - BANKERS’ BOOKS
section: 175
title: Court or Judge may order inspection
content:
175. —(1) On the application of any party to a legal proceeding, the court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes of such proceedings. (2) An order under this section may be made either on or without summoning the bank or any other party, and must be served on the bank 3 clear days before the same is to be obeyed unless the court or Judge otherwise directs.


document_id: ea-1893
provision_ref: s176
chapter: PART 4 - BANKERS’ BOOKS
section: 176
title: Costs
content:
176. —(1) The costs of any application to the court or a Judge under this Part, and the costs of anything done or to be done under an order of the court or a Judge made under this Part, shall be in the discretion of the court or Judge, who may order the same or any part thereof to be paid to any party by the bank where the same have been occasioned by any fault or delay on the part of the bank. (2) Any such order against a bank may be enforced as if the bank were a party to the proceeding.


document_id: ea-1957
provision_ref: s2
chapter: PART 1 - GENERAL
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “building” includes part of a building; “committee of management” means the committee of management of a school referred to in section 26; “Director-General” means the Director‑General of Education; “document” includes any book, textbook, exercise book, accounts, counterfoils, pamphlet, publication, newspaper, poster, drawing, sketch, film, filmstrip, slide, gramophone record, and other printed, written or recorded matter, whether relating to instruction, recreation, school management or otherwise; “fees” includes all amounts which a pupil is required to pay with respect to his education at a school; “functions” includes powers and duties; “Government school” means a school organised and conducted directly by the Government; “Government teacher” means a teacher directly employed by the Government; “higher education” means education beyond the standard normally required for admission to a university; “manager” of a school means a member of the committee of management of a school; “medical officer” means a registered medical practitioner in the service of the Government; “principal” means the headmaster or head mistress of a school; “public health inspector” means a health inspector of the Ministry of Sustainability and the Environment; “pupil” means a person of any age receiving instruction in a school; “register of managers and supervisors”, “register of schools” and “register of teachers” mean the respective registers maintained by the Director‑General under section 19, and “registered” means entered upon one of those registers; “school” means according to the context — ( a ) an organisation for the provision of education for 10 or more persons; or ( b ) a place where 10 or more persons are being or are habitually taught whether in one or more classes, or in the case of a correspondence school, the place or places where instruction is prepared or where answers are examined or corrected; “school premises” means school buildings and includes school playgrounds and playing fields; “supervisor” means the manager registered as the supervisor under section 28; “teacher” means a person who teaches pupils in a school or who prepares or issues lessons or corrects written answers in a correspondence school and includes a principal; “unlawful society” means a society deemed to be an unlawful society under the provisions of the Societies Act 1966. [8/97]


document_id: ea-1957
provision_ref: s3
chapter: PART 1 - GENERAL
section: 3
title: Exemption
content:
3. The Minister may by notification in the Gazette , if he is satisfied that the teaching in any school is of a purely religious character or that any school is an institution of higher education, exempt that school and the managers or teachers thereof from all or any of the provisions of this Act and may at any time revoke any such exemption.


document_id: ea-1957
provision_ref: s4
chapter: PART 1 - GENERAL
section: 4
title: Schools to which this Act does not apply
content:
4. This Act shall not apply — ( a ) to or in relation to the Institute of Technical Education, Singapore established under the Institute of Technical Education Act 1992; ( b ) to any private education institution within the meaning of the Private Education Act 2009; and ( c ) to or in relation to any early childhood development centre licensed under the Early Childhood Development Centres Act 2017. [21/2009; 19/2017]


document_id: ea-1957
provision_ref: s4A
chapter: PART 1 - GENERAL
section: 4A
title: Restriction on use of “school”, etc.
content:
4A. —(1) Subject to subsection (2), no person or organisation shall, except with the written consent of the Director-General — ( a ) use the words “academy”, “college”, “school”, “university” or any other term which the Minister may specify by notification in the Gazette , or any of its derivatives, in any language or any other word or words indicating that the person or organisation provides education, in the name, description or title under which that person or organisation is providing education; or ( b ) make or continue to make any representation to that effect in any bill-head, letter paper, notice, advertisement or in any other manner. [21/2009] (2) Subsection (1) shall not apply to — ( a ) a school that is registered or exempted from registration under this Act; ( b ) the Government; ( c ) any body established or constituted by or under a public Act and that has a public function, or any wholly-owned entity of such a body; ( d ) an education institution established by any other written law or the functions of which are provided by any other written law; and ( e ) such other person or organisation, or any class thereof, as may be prescribed. [21/2009] (3) Any person or organisation that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [21/2009]


document_id: ea-1957
provision_ref: s5
chapter: PART 1 - GENERAL
section: 5
title: Delegation of Director-General’s functions
content:
5. —(1) The functions of the Director-General under the provisions of this Act may be exercised and discharged by such officers of the Ministry of Education as may from time to time be authorised for that purpose by the Minister. [Act 5 of 2025 wef 09/03/2025] (2) Any authorisation under subsection (1) must be published in the Gazette . [8/97] [Act 5 of 2025 wef 09/03/2025]


document_id: ea-1957
provision_ref: s6
chapter: PART 2 - EDUCATION FINANCE BOARD
section: 6
title: Establishment and constitution of Education Finance Board
content:
6. —(1) A Board to be called the Education Finance Board (referred to in this Act as the Finance Board) shall be constituted in Singapore. (2) The Finance Board shall consist of — ( a ) the Director-General as Chairman; ( b ) the Permanent Secretary of the Ministry of Finance or his representative; and ( c ) four persons, not being persons holding office of emolument under the Government or Members of Parliament, to be nominated by such educational institutions, organisations or associations as may be approved by the Minister for that purpose and to be appointed by the Minister. [8/97] (3) The quorum of the Finance Board shall be 3. (4) The Minister may appoint a secretary to the Finance Board. (5) Every member appointed by the Minister shall unless the Minister otherwise directs hold office for a period of 3 years from the date of his appointment: Provided that the Minister may at any time revoke any such appointment. (6) On the expiry of the period of office of any member appointed by the Minister, the Minister may reappoint the member for a further period of office. (7) On the death, bankruptcy, inability to act, resignation, absence from Singapore for more than 3 months or revocation of the appointment, of any member of the Finance Board appointed by the Minister, he shall forthwith cease to be a member of the Finance Board and a new member shall be appointed in accordance with subsection (2). (8) No act or proceedings of the Finance Board shall be questioned on account of any vacancy on it. (9) The Finance Board shall meet when so required by the Minister and subject to the provisions of this Act may regulate its own procedure.


document_id: ea-1957
provision_ref: s7
chapter: PART 2 - EDUCATION FINANCE BOARD
section: 7
title: Duties
content:
7. The duties of the Finance Board shall be — ( a ) to advise the Minister on the administration of all property or moneys contributed or paid by the Government or otherwise in respect of education; ( b ) to consider the annual estimates for educational purposes prepared by the Director‑General and to make recommendations thereon to the Minister. [8/97]


document_id: ea-1957
provision_ref: s8
chapter: PART 2 - EDUCATION FINANCE BOARD
section: 8
title: Regulations
content:
8. The Minister may make regulations generally for carrying into effect any of the purposes or provisions of this Part.


document_id: ea-1957
provision_ref: s9
chapter: PART 3 - EDUCATIONAL ADVISORY COUNCIL
section: 9
title: Establishment and constitution of Educational Advisory Council
content:
9. —(1) A council to be called the Educational Advisory Council (referred to in this Act as the Council) shall be constituted in Singapore. (2) The Council shall consist of — ( a ) the Director‑General as Chairman; ( b ) all other members of the Finance Board; ( c ) the medical officer of schools appointed under section 51(1); [Act 5 of 2025 wef 09/03/2025] ( d ) the Director‑General of Social Welfare; ( e ) eight representatives of such educational institutions, organisations or associations, including trade unions of teachers, as are approved by the Minister for that purpose, such representatives to be nominated by their respective institutions, organisations or associations; and ( f ) six other persons to be appointed by the Minister. [8/97; 30/2019] (3) The Minister may appoint a secretary to the Council. (4) The Council shall elect a Vice‑Chairman from among its members. The Vice‑Chairman shall hold office only so long as he is a member of the Council: Provided that the Vice‑Chairman may by notice in writing to the Minister resign from his office as Vice‑Chairman and shall on such resignation forthwith cease to be Vice‑Chairman. (5) Every member of the Council appointed by the Minister shall unless the Minister otherwise directs hold office for a period of 3 years: Provided that the Minister may at any time revoke the appointment. (6) Every member of the Council nominated in accordance with subsection (2)( e ) shall unless the Minister otherwise directs hold office for a period of 3 years: Provided that the institution, organisation or association nominating such a member may at any time revoke the nomination. (7) On the expiry of the period of office of a member nominated in accordance with subsection (2)( e ), the Minister shall request the institution, organisation or association which nominated the member or some other institution, organisation or association approved by the Minister for that purpose, to nominate a representative to be a member of the Council. (8) On the expiry of the period of office of a member of the Council appointed by the Minister, the Minister may reappoint the member for a further period. (9) On the death, bankruptcy, inability to act, resignation, absence from Singapore for more than 3 months or revocation of the nomination or appointment of any member of the Council nominated or appointed in accordance with subsection (2)( e ) or ( f ), he shall forthwith cease to be a member of the Council and a new member shall be nominated or appointed in accordance with subsection (2)( e ) or ( f ), as the case may be. (10) No act or proceedings of the Council shall be questioned on account of any vacancy on it.


document_id: ea-1957
provision_ref: s10
chapter: PART 3 - EDUCATIONAL ADVISORY COUNCIL
section: 10
title: Meetings and procedure
content:
10. —(1) The Council shall meet at least 4 times in every year in the months of March, June, September and December, and may meet at such other times as may be considered necessary. (2) The quorum of the Council shall be 12. (3) Subject to the provisions of this Act the Council may regulate its own procedure.


document_id: ea-1957
provision_ref: s11
chapter: PART 3 - EDUCATIONAL ADVISORY COUNCIL
section: 11
title: Duties
content:
11. The Council shall advise the Minister upon any matter of educational policy or development which may be referred to it by the Minister or which it may itself propose.


document_id: ea-1957
provision_ref: s12
chapter: PART 3 - EDUCATIONAL ADVISORY COUNCIL
section: 12
title: Power to appoint sub-committees
content:
12. —(1) The Council may appoint from among its members a Standing General Purposes Sub‑committee and determine the number of members and the functions of the sub‑committee. (2) In addition to the Standing General Purposes Sub‑committee the Council may, subject to any directions of the Minister, appoint such and so many other sub‑committees consisting either wholly or partly of members of the Council as the Council thinks fit. (3) The Council may delegate to the Standing General Purposes Sub‑committee or to any sub‑committee appointed under subsection (2) such of its functions as the Council thinks fit for the purposes for which the sub‑committee was appointed. (4) The Director-General or such other person as he may from time to time appoint shall be a member of every sub‑committee appointed under subsection (2). [8/97]


document_id: ea-1957
provision_ref: s13
chapter: PART 4 - SCHOOLS APPEALS BOARD
section: 13
title: Establishment and constitution of Appeals Board
content:
13. —(1) A board to be called the Schools Appeals Board (referred to in this Act as the Appeals Board) shall be established in Singapore. (2) The following shall be members of the Appeals Board: ( a ) a Chairman, who shall not hold any office of emolument under the Government, to be appointed by the Minister; ( b ) two persons to be nominated by such institutions of higher education as may be approved for that purpose by the Minister; ( c ) two registered teachers, not being Government teachers, and two registered managers, to be appointed by the Minister; ( d ) two other persons to be appointed by the Minister. (3) The Minister may appoint a secretary to the Appeals Board. (4) Every member of the Appeals Board appointed by the Minister shall unless the Minister shall otherwise direct hold office for a period of 3 years: Provided that the Minister may at any time revoke any such appointment. (5) Every member of the Appeals Board nominated in accordance with subsection (2)( b ) shall unless the Minister otherwise directs hold office for a period of 3 years: Provided that the institution of higher education which nominated a member may at any time revoke the nomination. (6) On the expiry of his period of office a member of the Appeals Board may be reappointed or with the approval of the Minister be renominated. (7) On the death, bankruptcy, inability to act, resignation, absence from Singapore for more than 3 months or revocation of the nomination or appointment of any member of the Appeals Board, he shall forthwith cease to be a member of the Appeals Board and a new member shall be nominated or appointed in accordance with subsection (2), as the case may be.


document_id: ea-1957
provision_ref: s14
chapter: PART 4 - SCHOOLS APPEALS BOARD
section: 14
title: Procedure of Appeals Board
content:
14. —(1) The procedure of the Appeals Board shall be in accordance with the provisions of Part 12. (2) The quorum of the Appeals Board shall be 5: Provided that no appeal which concerns the registration of a manager or teacher shall be proceeded with unless one of the members present is a registered manager or registered teacher, as the case may be. (3) No member of the Appeals Board shall take part in the hearing of an adjourned appeal who was not present at all previous hearings of the appeal. (4) The proceedings of the Appeals Board shall not be open to the public. (5) No act or proceedings of the Appeals Board shall be questioned on account of any vacancy on it. (6) Subject to the provisions of this Act the Appeals Board may regulate its own procedure.


document_id: ea-1957
provision_ref: s15
chapter: PART 4 - SCHOOLS APPEALS BOARD
section: 15
title: Duties
content:
15. It shall be the duty of the Appeals Board to hear and decide all appeals from the decisions of the Director‑General under this Act other than those expressly excepted under section 48(2)( a ): Provided that the Appeals Board shall not hear an appeal from any Government teacher other than an appeal against the cancellation of his registration as a teacher. [8/97]


document_id: ea-1957
provision_ref: s16
chapter: PART 4 - SCHOOLS APPEALS BOARD
section: 16
title: Powers
content:
16. In the exercise of its functions the Appeals Board shall have the following powers: ( a ) to take evidence on oath; ( b ) to summon any person to attend any hearing of the Appeals Board to give evidence or produce any document or other article in his possession: Provided that no person shall be bound to answer any question or produce any document in respect of any matter which would have been protected from disclosure on the ground of privilege if the proceedings had been held in any court; ( c ) to order an inspection of any school premises; ( d ) to enter and view any school premises.


document_id: ea-1957
provision_ref: s17
chapter: PART 4 - SCHOOLS APPEALS BOARD
section: 17
title: Offences and penalties
content:
17. Any person who being summoned to attend as a witness or to produce any document or other article at a hearing of the Appeals Board refuses or neglects to do so or refuses to answer any questions put to him by or with the concurrence of the Appeals Board shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both: Provided that no person shall be bound to incriminate himself or to answer any question or produce any document in respect of any matter which would have been protected from disclosure on the ground of privilege if the proceedings had been held in any court.


document_id: ea-1957
provision_ref: s18
chapter: PART 4 - SCHOOLS APPEALS BOARD
section: 18
title: Legal assessor
content:
18. The Appeals Board may at its request be assisted in the conduct of an appeal by a legal officer appointed by the Attorney‑General to act as legal assessor.


document_id: ea-1957
provision_ref: s19
chapter: PART 5 - REGISTERS OF SCHOOLS, MANAGERS AND TEACHERS
section: 19
title: Registers of schools, etc.
content:
19. —(1) The Director-General shall keep separate registers in which shall be entered — ( a ) the name of every school other than schools exempted from registration under section 3; ( b ) the name of every manager and of the supervisor of every such registered school; ( c ) the name of every teacher registered under Part 8; and ( d ) the name of every teacher to whom an authorisation to teach as an unregistered teacher has been issued under Part 9. [8/97] (2) The Director-General shall enter in the registers such other particulars as may from time to time appear to him to be necessary. [8/97]


document_id: ea-1957
provision_ref: s20
chapter: PART 5 - REGISTERS OF SCHOOLS, MANAGERS AND TEACHERS
section: 20
title: Offences
content:
20. Any person who — ( a ) acts as the manager of a school which is neither registered nor exempted from registration under this Act; ( b ) as manager of a registered school employs or permits the employment of any unregistered teacher in the school except as provided under Part 9; or ( c ) teaches in an unregistered school or teaches in a registered school without having obtained either registration as required by section 35 or authority to teach as an unregistered teacher under section 41 or permission to teach under section 44, or continues to teach after the cancellation under section 39 of his registration as a teacher or under section 43 of his authority to teach as an unregistered teacher or under section 44 of his permission to teach as an unregistered teacher, shall be guilty of an offence and shall be liable on conviction to the penalties hereinafter provided.


document_id: ea-1957
provision_ref: s22
chapter: PART 6 - REGISTRATION OF SCHOOLS
section: 22
title: Application
content:
22. —(1) The Director-General shall cause every Government school to be registered. [8/97] (2) An application for the registration of a school other than a Government school shall be made to the Director‑General by a person intending to become a manager of the school and the Director‑General may grant the application with or without conditions, or may refuse the application giving reasons for his refusal. [8/97] (3) Every such application shall be substantially in the Form 1 set out in the Schedule and shall be accompanied by applications for registration as managers of and teachers in the school, as the case may be, completed in accordance with sections 31 and 36 respectively by every person named in the application as managers of, or as teachers in, the school.


document_id: ea-1957
provision_ref: s23
chapter: PART 6 - REGISTRATION OF SCHOOLS
section: 23
title: Registration of a school
content:
23. —(1) Upon an application for the registration of a school the Director‑General after such inquiry as may be necessary shall — ( a ) register the school; ( b ) inform the applicant in writing of the conditions, if any, under which the school may be registered; or ( c ) if the application is refused, specify the provision of this Act under which the application is refused. [8/97] (2) The conditions referred to in subsection (1) may include the acceptance by the persons proposed as managers of the school of a constitution, written scheme or deed of trust providing for the management of the school and the administration of the property and revenues as proposed by the Director‑General in each case and the execution of the constitution, written scheme or deed of trust by the proper parties thereto. [8/97] (3) When a school is registered, the Director‑General shall issue to the supervisor thereof a certificate of registration in the Form 2 set out in the Schedule in which shall be specified the premises in which the school may be conducted and the supervisor shall cause a copy of the certificate together with a list drawn up in such languages as may be determined by the Director‑General of the names of the — ( a ) supervisor; ( b ) registered managers; ( c ) registered teachers; and ( d ) unregistered teachers, if any, who are authorised or permitted to teach in that school, to be exhibited in a conspicuous place in every building in which the school is to be conducted. [8/97] (4) No school shall be opened for instructional purposes until the certificate of registration has been issued by the Director‑General and exhibited with the list referred to in subsection (3). [8/97]


document_id: ea-1957
provision_ref: s24
chapter: PART 6 - REGISTRATION OF SCHOOLS
section: 24
title: Grounds for refusal to register a school
content:
24. The Director-General may refuse to register a school if — ( a ) adequate educational facilities already exist in the area in which it is proposed to open the school; ( b ) the proposed school premises constitute a dangerous building or are or are likely to be structurally unsuitable for use as a school; ( c ) the fire precautions in the proposed school premises are inadequate; ( d ) the proposed school premises are insanitary or for reasons of health unsuitable for use as a school; ( e ) the area provided for the open air recreation of pupils is inadequate or unsatisfactory; ( f ) the proposed school does not conform to the regulations made under this Act; ( g ) the proposed fees are excessive, having regard to the cost of maintaining and conducting the proposed school and the standard of education to be provided; ( h ) the qualifications and experience of the proposed teachers are not adequate to ensure the efficient conduct of the proposed school; ( i ) the proposed salaries of the teachers are not adequate to ensure the efficient performance of their duties; ( j ) the proposed school is designed to accommodate more than 1,200 pupils in any one session; ( k ) the constitution of the proposed committee of management is not such as to ensure the efficient administration of the proposed school; ( l ) the supervisor recommended by the proposed committee of management is not a fit and proper person to act as a supervisor; ( m ) the proposed school has previously been refused registration or the registration thereof has been cancelled either under this Act or under any previous written law relating to the registration of schools; ( n ) the proposed school is likely to be used for a purpose detrimental to the interests of Singapore or of the public; ( o ) the proposed school is likely to be used for the purpose of instruction detrimental to the interests of the public or of the pupils; ( p ) the proposed school is likely to be used as a meeting place of an unlawful society; ( q ) the name under which the school is to be registered is against the interests of Singapore; or ( r ) in the application for registration a statement has been made or information has been furnished which is false in a material particular or by reason of the omission of a material particular. [8/97]


document_id: ea-1957
provision_ref: s25
chapter: PART 6 - REGISTRATION OF SCHOOLS
section: 25
title: Grounds for cancellation of registration of a school
content:
25. —(1) The Director-General may cancel the registration of any school — ( a ) on any of the grounds on which he would have been entitled to refuse registration under section 24, other than that set out in paragraph ( a ) thereof; ( b ) if satisfied that the school has ceased to exist; ( c ) if the supervisor of the school has failed to comply with a direction addressed to him under section 54; ( d ) if satisfied that the committee of management of the school is not efficiently administering the school; or ( e ) if satisfied that discipline in the school has not been or cannot be adequately maintained. [8/97] (2) If the registration of all the managers of a school has been cancelled, the Director‑General shall cancel the registration of the school. [8/97]


document_id: ea-1957
provision_ref: s26
chapter: PART 7 - MANAGEMENT OF SCHOOLS — SUPERVISORS
section: 26
title: Committees of management
content:
26. —(1) Every school other than a Government school shall be administered by a committee of management: Provided that if any school has only one manager the duties to be discharged by the committee of management shall be discharged by that manager. (2) Except with the approval in writing of the Director‑General, no committee of management shall exceed 9 persons in number. [8/97] (3) The committee of management shall be responsible for ensuring that the provisions of this Act, of the regulations made thereunder and of the terms of any constitution, written scheme or deed of trust approved for the school under section 23 are complied with.


document_id: ea-1957
provision_ref: s27
chapter: PART 7 - MANAGEMENT OF SCHOOLS — SUPERVISORS
section: 27
title: Director-General may appoint managers or additional managers
content:
27. —(1) If, at any time the Director‑General is satisfied that a school is not being satisfactorily managed, he may appoint additional managers for such time as he may consider necessary, and the additional managers shall be deemed to be registered managers of the school and shall have power to enter the school premises at any time. [8/97] (2) If at any time in the opinion of the Director‑General, by reason of resignation, death or any other cause, a school is left without an effective committee of management, the Director‑General may require a new committee of management to be formed and may appoint such managers as he considers necessary to secure the continuance of the school until the names of the managers to constitute the new committee of management have been submitted and accepted for registration. [8/97]


document_id: ea-1957
provision_ref: s28
chapter: PART 7 - MANAGEMENT OF SCHOOLS — SUPERVISORS
section: 28
title: Registration and withdrawal of registration of supervisor
content:
28. —(1) The committee of management of a school shall recommend for registration one of their members to be the supervisor of the school. (2) The Director-General may withhold registration if he is not satisfied that the person recommended is a fit and proper person to act as supervisor for the purposes of this Act. [8/97] (3) If at any time it appears to the Director‑General that the supervisor is no longer a fit and proper person to act as supervisor, he may withdraw registration and that person shall forthwith cease to be the supervisor of the school. [8/97]


document_id: ea-1957
provision_ref: s29
chapter: PART 7 - MANAGEMENT OF SCHOOLS — SUPERVISORS
section: 29
title: Duties of supervisor
content:
29. The duties of the supervisor of a school shall be — ( a ) to conduct all correspondence with the Director‑General concerning the administration of the school; ( b ) to report to the Director-General forthwith by notice in writing the resignation of any manager of the school; ( c ) to report to the Director-General forthwith by notice in writing — (i) the appointment of any registered teacher as a principal of, or as a teacher in, the school; and (ii) the termination of the appointment of the principal of, or of a teacher in, the school; ( d ) to report to the Director-General by notice in writing any change in the salary paid to the principal of, or to any teacher in, the school; and ( e ) to perform such other duties as may be laid down in the constitution, written scheme or deed of trust approved for the school or in regulations made under this Act. [8/97]


document_id: ea-1957
provision_ref: s30
chapter: PART 7 - MANAGEMENT OF SCHOOLS — SUPERVISORS
section: 30
title: Absence from duty, etc., of supervisor
content:
30. —(1) If the Director-General withholds or withdraws registration of the supervisor recommended by the committee of management of a school or if the registered supervisor ceases to act as such because of his resignation, illness, absence, cancellation of his registration as manager or other cause, or if the registered supervisor is no longer acceptable as such to the majority of the committee of management, the committee of management shall forthwith recommend for registration another of their members as supervisor of the school. [8/97] (2) If at any time for any cause there is no supervisor of a school or the supervisor has ceased for any cause to act as such, then pending registration of a supervisor or of another person as supervisor, all the duties and responsibilities of the supervisor under this Act and the regulations made thereunder shall be discharged by and be vested in the committee of management and if there is only one manager and he for any cause is unable to perform the duties, then they shall be discharged by and be vested in the principal of the school.


document_id: ea-1957
provision_ref: s31
chapter: PART 7 - MANAGEMENT OF SCHOOLS — SUPERVISORS
section: 31
title: Managers of a school to be registered
content:
31. —(1) Every manager of a school other than a manager appointed by the Director‑General under section 27 shall be registered. [8/97] (2) Every application for registration as a manager of a school shall be made to the Director‑General in the Form 3 set out in the Schedule and shall be countersigned by the supervisor of the school concerned if one has been appointed. [8/97]


document_id: ea-1957
provision_ref: s32
chapter: PART 7 - MANAGEMENT OF SCHOOLS — SUPERVISORS
section: 32
title: Registration of managers
content:
32. When application has been made under section 31 for registration as a manager of a school the Director‑General shall, subject to section 33 and after such inquiry as may be necessary, register the applicant as a manager of the school of which he seeks to be a manager and shall inform the applicant in writing that he has been so registered. [8/97]


document_id: ea-1957
provision_ref: s33
chapter: PART 7 - MANAGEMENT OF SCHOOLS — SUPERVISORS
section: 33
title: Grounds for refusal to register a manager
content:
33. The Director-General may in his discretion refuse to register any person as a manager of a school if — ( a ) the person has been convicted before any court of competent jurisdiction in Singapore or in Malaysia or in any part of the Commonwealth, of an offence punishable with imprisonment or of an offence under this Act or under any previous written law relating to education or the registration of schools or under any similar law in force at any time in Malaysia; ( b ) the person has previously been refused registration as a manager under either this Act or any previous written law relating to education or the registration of schools or any similar law in force at any time in Malaysia, or having been so registered has had his registration cancelled; ( c ) the person is not of good character; ( d ) the person has not the experience, knowledge, interest and skill to manage a school; ( e ) the person has at any time under any written law made a statement false or misleading in a material particular in an application for registration as manager or teacher; or ( f ) it will be prejudicial to the interests of Singapore or of the public or of the pupils of the school that the person should be so registered. [8/97]


document_id: ea-1957
provision_ref: s34
chapter: PART 7 - MANAGEMENT OF SCHOOLS — SUPERVISORS
section: 34
title: Grounds for the cancellation of registration as a manager
content:
34. The Director-General may cancel the registration of any manager of a school — ( a ) on any of the grounds on which he would have been entitled to refuse registration under section 33( a ), ( b ) and ( e ); ( b ) if he has ceased to act as a manager or to perform the duties of a manager satisfactorily; ( c ) if he has contravened any of the provisions of this Act or the regulations made thereunder; ( d ) if, having qualified as a manager by reason of an interest in the school of which he is manager, he ceases to have that interest in the school; ( e ) if the registration of the school of which he is manager is cancelled; ( f ) if he is evading his responsibilities as a manager; or ( g ) if he is a person who ought not in the interests of Singapore or of the public or of the pupils of the school to remain a manager. [8/97]


document_id: ea-1957
provision_ref: s35
chapter: PART 8 - REGISTRATION OF TEACHERS
section: 35
title: Prohibition of teaching by unauthorised persons
content:
35. No person shall teach or be employed as a teacher in a school other than a school exempted from the provisions of this Act unless he is either a registered teacher or is authorised or permitted to teach under Part 9.


document_id: ea-1957
provision_ref: s36
chapter: PART 8 - REGISTRATION OF TEACHERS
section: 36
title: Application for registration
content:
36. Application for registration as a teacher shall be made to the Director‑General in the Form 4 set out in the Schedule and shall be accompanied by the documents therein specified. [8/97]


document_id: ea-1957
provision_ref: s37
chapter: PART 8 - REGISTRATION OF TEACHERS
section: 37
title: Registration of a teacher
content:
37. Subject to section 38 on receiving an application duly made for registration as a teacher, and after such inquiry as may be necessary the Director‑General shall if satisfied register the applicant and issue to him a certificate of registration in the Form 5 set out in the Schedule or authority to teach as an unregistered teacher in accordance with section 41 or a permit to teach in accordance with section 44. [8/97]


document_id: ea-1957
provision_ref: s38
chapter: PART 8 - REGISTRATION OF TEACHERS
section: 38
title: Grounds for refusal to register a teacher
content:
38. The Director-General may refuse to register a person as a teacher if the applicant — ( a ) is not of good character; ( b ) has been convicted before any court of competent jurisdiction in Singapore or in Malaysia or in any part of the Commonwealth, of an offence punishable with imprisonment or of an offence under this Act or under any previous written law relating to education or the registration of schools or under any similar law in force at any time in Malaysia; ( c ) has previously been refused registration as a manager on grounds which would also have precluded his registration as a teacher, or has been refused registration as a teacher under this Act or any previous written law relating to education or the registration of schools or any similar law in force at any time in Malaysia; ( d ) has been struck off the register on the cancellation of his registration as a teacher under this Act or under any previous written law relating to education or the registration of schools or under any similar law in Malaysia, unless the cancellation of his registration as a teacher has taken place because of his resignation or because the school in which he was employed has ceased to exist; ( e ) is unable to furnish evidence of medical fitness to the satisfaction of a medical officer of schools appointed in accordance with section 51(1); [Act 5 of 2025 wef 09/03/2025] ( f ) has at any time under any written law made a statement false or misleading in a material particular in an application for registration as a teacher or in information supplied in connection with the application; ( g ) is likely to influence his pupils in a manner prejudicial to their welfare or to the public interest; or ( h ) does not possess the minimum qualifications prescribed in the regulations made under this Act. [8/97]


document_id: ea-1957
provision_ref: s39
chapter: PART 8 - REGISTRATION OF TEACHERS
section: 39
title: Grounds for cancellation of registration of a teacher
content:
39. The Director-General may cancel the registration of a teacher — ( a ) on any of the grounds on which he would have been entitled to refuse registration under section 38; ( b ) if he is satisfied that the teacher has been guilty of professional misconduct; ( c ) if he is satisfied that the teacher is not competent to perform the duties of a teacher; or ( d ) if the teacher has contravened any of the provisions of this Act or any regulations made thereunder. [8/97]


document_id: ea-1957
provision_ref: s40
chapter: PART 9 - EMPLOYMENT OF UNREGISTERED TEACHERS
section: 40
title: Authority or permit required to employ unregistered teacher
content:
40. —(1) An unregistered teacher may teach in a school only if an authority or a permit has been issued in accordance with section 41 or 44 respectively. (2) Subject to section 44, an unregistered teacher shall not be employed in any school unless at the time of application there is no suitable registered teacher available for employment in the school in which he is to be authorised to teach.


document_id: ea-1957
provision_ref: s41
chapter: PART 9 - EMPLOYMENT OF UNREGISTERED TEACHERS
section: 41
title: Method of application and limitations to be applied
content:
41. —(1) If the supervisor of a school or person who applies for registration of a school is of opinion that there is not available a suitable registered teacher for employment in the school whereof he is supervisor or in the proposed school, he may make application to the Director‑General in the Form 6 set out in the Schedule for authority to employ a person to teach who is not registered as a teacher and for authority for that person to teach as an unregistered teacher. [8/97] (2) Subject to section 42 and after such inquiry as may be necessary, the Director‑General may issue to the applicant an authority in writing in the Form 7 set out in the Schedule and shall issue to the unregistered teacher a copy thereof and that copy shall be deemed to be the unregistered teacher’s authority to teach. [8/97] (3) Such authority shall state the school in which and the period for which the unregistered teacher may teach and may at the discretion of the Director‑General impose limitations as to the subjects and classes which he may teach. [8/97]


document_id: ea-1957
provision_ref: s42
chapter: PART 9 - EMPLOYMENT OF UNREGISTERED TEACHERS
section: 42
title: Grounds for refusal to authorise unregistered teacher
content:
42. The Director-General may refuse to authorise the employment of an unregistered teacher — ( a ) on any of the grounds on which he would have been entitled to refuse to register a person as a teacher under section 38( a ) to ( g ); or ( b ) if there is available for employment in the school concerned a suitable registered teacher. [8/97]


document_id: ea-1957
provision_ref: s43
chapter: PART 9 - EMPLOYMENT OF UNREGISTERED TEACHERS
section: 43
title: Grounds for cancellation of authority to teach
content:
43. —(1) The Director-General may cancel the authority to employ any unregistered teacher — ( a ) on any of the grounds on which he would be entitled to cancel the registration of a teacher under section 39; or ( b ) if a registered teacher with the required qualifications becomes available. [8/97] (2) The Director-General shall cancel the authority to employ any unregistered teacher when the employment which is authorised is terminated. [8/97]


document_id: ea-1957
provision_ref: s44
chapter: PART 9 - EMPLOYMENT OF UNREGISTERED TEACHERS
section: 44
title: Director-General may issue permit to teach
content:
44. —(1) Notwithstanding anything in this Act, the Director‑General may in his discretion and for special reasons issue a permit to any person to teach as an unregistered teacher. [8/97] (2) The permit issued under subsection (1) may be cancelled at any time by notice in writing under the hand of the Director‑General served on the holder thereof. [8/97]


document_id: ea-1957
provision_ref: s45
chapter: PART 10 - GENERAL PROCEDURE ON REGISTRATION AND
section: 45
title: Medical examination of teacher
content:
45. Before registering a person as a teacher or granting authority or a permit for him to teach as an unregistered teacher, the Director‑General may require him to submit to a medical examination. [8/97]


document_id: ea-1957
provision_ref: s46
chapter: PART 10 - GENERAL PROCEDURE ON REGISTRATION AND
section: 46
title: General power on any application for registration
content:
46. Whenever any application is made for registration of a school or of a manager or of a teacher or for authority to employ an unregistered teacher the Director‑General may require the applicant to make such further declaration or supply such further particulars as may seem to him necessary and any statement so made or information so furnished shall be deemed to be embodied in the application under consideration. [8/97]


document_id: ea-1957
provision_ref: s47
chapter: PART 10 - GENERAL PROCEDURE ON REGISTRATION AND
section: 47
title: Procedure relating to conditions of registration
content:
47. An applicant for registration of a school who receives notice from the Director‑General under section 23 of the conditions under which the school may be registered may within 14 days of the receipt of the notice and in accordance with section 56 appeal through the Director‑General to the Appeals Board against the imposition of all or any of such conditions. [8/97]


document_id: ea-1957
provision_ref: s48
chapter: PART 10 - GENERAL PROCEDURE ON REGISTRATION AND
section: 48
title: Procedure upon refusal to register, cancellation of registration, etc.
content:
48. —(1) Whenever the Director-General has come to a decision in the exercise of his discretion under section 24, 25, 28, 33, 34, 38, 39, 42, 43 or 54, he shall serve notice in writing thereof upon each person who as applicant, supervisor, manager, teacher or unregistered teacher, as the case may be, appears to him to be directly and adversely affected by his decision stating the grounds for the decision, due regard being had to the requirements of public security, and shall supply to each such person a copy of this section and of sections 49, 56, 57, 58, 59 and 60. [8/97] (2) Any person who as applicant, supervisor, manager, teacher or unregistered teacher is adversely affected by such decision may within 14 days of the service of the notice appeal by notice in writing through the Director‑General in accordance with section 56 — ( a ) in cases where the decision has been made under section 24( n ), ( o ) or ( p ), 25(1)( a ) or ( e ), 33( f ), 34( f ) or ( g ), 38( g ) or 39( a ) to the Minister; ( b ) in all other cases to the Appeals Board constituted under section 13: Provided that the Minister may direct that any appeal made to him shall be heard by the Appeals Board. [8/97]


document_id: ea-1957
provision_ref: s49
chapter: PART 10 - GENERAL PROCEDURE ON REGISTRATION AND
section: 49
title:
Cancellation of registration to involve immediate suspension unless Director-General otherwise permits

content:
49. —(1) A school in respect of which registration is cancelled under section 25 shall cease to be carried on with effect from the date of service of notice under section 48: Provided that the Director-General in his discretion and subject to such conditions as he may think fit may by notice in writing to the supervisor permit the school to be carried on until the determination of any appeal from the cancellation. [8/97] (2) A supervisor, manager or teacher who receives notice under section 48(1) of an adverse decision of the Director-General under section 28, 34 or 39 respectively, and an unregistered teacher who receives such notice under section 43, shall be suspended from duty with effect from the date of service of the notice: Provided that the Director-General may in his discretion and subject to such conditions as he may think fit by notice in writing withhold the suspension until the determination of any appeal. [8/97] (3) A supervisor, manager or teacher who receives notice under section 48(1) of an adverse decision of the Director-General under section 25, 28, 34, 39 or 43 shall deliver to the Director-General any certificate of registration or any authority to teach or copy thereof issued to him under the provisions of this Act, whether or not notice of appeal under section 48(2) has been given and before any such notice is given. [8/97] Adverse decision not to be carried out until determination of appeal (4) An adverse decision of the Director‑General shall not be carried out other than as provided in subsections (1), (2) and (3) until any appeal relating thereto has been determined or the prescribed time for notice thereof has elapsed. [8/97]


document_id: ea-1957
provision_ref: s50
chapter: PART 10 - GENERAL PROCEDURE ON REGISTRATION AND
section: 50
title: Unlawful to assemble in school whose registration is cancelled, and powers of police to enter
content:
50. Where the Director-General has cancelled the registration of a school and has not under the proviso to section 49(1) permitted the school to be carried on it shall be an offence for any pupil of the school or for any other person without the written authority of the Director‑General to be or to assemble on the premises thereof, and in every case to which this section applies it shall be lawful for any police officer to enter upon those premises and for such purpose to use such force as appears to him to be necessary. [8/97]


document_id: ea-1957
provision_ref: s51
chapter: PART 11 - INSPECTION OF REGISTERED SCHOOLS AND
section: 51
title: Appointment of persons deemed to be inspectors
content:
51. —(1) The Minister may appoint by name or office — ( a ) any officer of the Ministry of Education to be an inspector of schools; ( b ) any medical officer to be a medical officer of schools; and ( c ) any public health inspector to be a health inspector of schools, each of whom for the purpose of this Act shall be deemed to be an inspector of schools. [Act 5 of 2025 wef 09/03/2025] (2) An appointment under subsection (1) must be published in the Gazette . [7/97] [Act 5 of 2025 wef 09/03/2025]


document_id: ea-1957
provision_ref: s52
chapter: PART 11 - INSPECTION OF REGISTERED SCHOOLS AND
section: 52
title: Schools to be inspected at least once a year
content:
52. It shall be the duty of the Director‑General to cause to be inspected by an inspector of schools periodically every registered school for the purpose of ascertaining whether the provisions of this Act and any regulations made thereunder are being complied with and whether the school is being properly and efficiently conducted. [8/97]


document_id: ea-1957
provision_ref: s53
chapter: PART 11 - INSPECTION OF REGISTERED SCHOOLS AND
section: 53
title: Powers of Director-General and inspectors on inspecting schools
content:
53. —(1) For the purpose of carrying out the provisions of this Act and any regulations made thereunder it shall be lawful for the Director‑General or any officer empowered under section 5(1) or any inspector of schools to enter any school premises and to examine all documents found on those premises and to remove them for further examination. [8/97] [Act 5 of 2025 wef 09/03/2025] (2) If the school premises or any building therein is closed and if none of the registered managers nor any of the registered teachers or unregistered teachers of the school can be found to open those premises or building then the Director‑General or any officer empowered under section 5(1) or any inspector of schools may enter therein using force if necessary. [8/97] [Act 5 of 2025 wef 09/03/2025] (3) In the case of instruction given by means of correspondence delivered by hand or through the postal services the Director‑General may require to be submitted to him a copy of all documents used, or intended to be used, for the purpose of instruction. [8/97] (4) The Director-General at any time and any officer empowered under section 5(1) while lawfully carrying out an inspection of a registered school may require any registered manager of, or registered teacher or unregistered teacher authorised or permitted to teach in, any registered school or any pupil of the school or any person found within the school to produce for his inspection any document in his possession or under his control which relates to the management or teaching or pupil activities of the school and to furnish the Director‑General or that officer with such information relating to the management or teaching or pupil activities of the school as the Director‑General or that officer may demand and which it is within the power of the person to furnish and in the case of a teacher to produce for inspection his certificate of registration or his authority or permit to teach under this Act. [8/97] [Act 5 of 2025 wef 09/03/2025]


document_id: ea-1957
provision_ref: s54
chapter: PART 11 - INSPECTION OF REGISTERED SCHOOLS AND
section: 54
title: Power to direct remedial measures
content:
54. —(1) If it appears to the Director‑General that any provisions of this Act or any regulations made thereunder have not been complied with in any school or that any school is not being properly or efficiently conducted, he may, without prejudice to any other powers vested in him, by notice in writing addressed to the supervisor direct him to take within a time to be stated in the notice such measures as are in the notice specified, in order that the provisions may be complied with or that the school may be properly or efficiently conducted. [8/97] (2) The Director-General may in his discretion in any particular case cause a copy of any such notice to be sent to each of the other managers of the school. [8/97] (3) The supervisor of any school receiving the notice may, within the time specified in the notice as the time within which the measures specified are to be taken, appeal to the Appeals Board as provided in section 56.


document_id: ea-1957
provision_ref: s55
chapter: PART 11 - INSPECTION OF REGISTERED SCHOOLS AND
section: 55
title: Powers of Director-General and inspector in searching for unregistered schools
content:
55. —(1) The Director-General or any officer empowered under section 5(1) or any inspector of schools or any other person specially authorised in that behalf by the Director‑General may enter, accompanied by such persons as he may consider expedient and using force for that purpose if necessary, any house, building or other place which he has reasonable cause to believe is occupied by an unregistered school and may search for and seize and remove any document or other article which may appear to him to be the property of or to have been used in connection with the unregistered school. [8/97] [Act 5 of 2025 wef 09/03/2025] (2) For the purpose of any entry or search under this section the Director‑General or any officer empowered under section 5(1) or any inspector of schools or other authorised person under subsection (1) may break open any outer or inner door of the house, building or other place or any locked receptacle therein which he has reasonable cause to believe contains any document or other article which is the property of or has been used in connection with the unregistered school. [8/97] [Act 5 of 2025 wef 09/03/2025]


document_id: ea-1957
provision_ref: s56
chapter: PART 12 - APPEALS
section: 56
title: Procedure on appeals
content:
56. —(1) Any person wishing to appeal against any decision of the Director‑General shall within the period prescribed deliver to the Director‑General 2 copies of a written statement addressed either to the Minister or to the Appeals Board, as the case may require, stating concisely the grounds for his appeal. [8/97] (2) On receiving such statement the Director‑General shall forthwith forward it to the Minister or the secretary of the Appeals Board, as the case may require. [8/97] (3) As soon as may be after receiving such statement the Minister or the secretary of the Appeals Board, as the case may require, shall give to the appellant and the Director‑General at least 14 days’ notice of the date of hearing the appeal. [8/97]


document_id: ea-1957
provision_ref: s57
chapter: PART 12 - APPEALS
section: 57
title: Appellant and Director-General or their representatives may be present at appeal
content:
57. At the hearing of the appeal whether by the Minister or by the Appeals Board the appellant or his duly authorised representative as also the Director‑General or an officer duly appointed by him for that purpose shall be entitled to be present and to be heard. [8/97]


document_id: ea-1957
provision_ref: s58
chapter: PART 12 - APPEALS
section: 58
title: Onus of proof on appellant
content:
58. The onus of proving that the grounds stated by the Director‑General under section 48 for his decision are not correct or do not justify such decision shall be upon the appellant. [8/97]


document_id: ea-1957
provision_ref: s59
chapter: PART 12 - APPEALS
section: 59
title: Appeal to be argued on grounds stated
content:
59. Except with the consent of the Minister or of the Appeals Board, as the case may be, neither the Director‑General nor the appellant may at the hearing rely upon any grounds other than those stated by the Director‑General in accordance with section 48 or by the appellant in accordance with section 56. [8/97]


document_id: ea-1957
provision_ref: s60
chapter: PART 12 - APPEALS
section: 60
title: Decisions on appeals
content:
60. —(1) The Minister or the Appeals Board, as the case may be, may confirm, set aside or modify the decision against which the appeal is made. (2) The decision of the Minister or the Appeals Board, as the case may be, shall be communicated to the Director‑General, who shall forthwith inform the appellant in writing of that decision. [8/97] (3) The decision of the Minister or the Appeals Board made under this section shall be final and conclusive and shall not be questioned in any court.


document_id: ea-1957
provision_ref: s61
chapter: PART 13 - REGULATIONS, OFFENCES, NOTICES, INDEMNITY, ETC.
section: 61
title: Regulations
content:
61. —(1) The Minister may make regulations generally for all matters regarding the conduct and efficiency of schools and for carrying out the provisions of this Act and without prejudice to such general powers may make regulations providing for — ( a ) the hygienic character and the proper sanitation of schools or buildings; ( b ) the methods of enforcing discipline in schools; ( c ) the prohibition in schools of the use of any document which appears to him unsuitable or prejudicial to the interests of Singapore; ( d ) the prohibition of the importation into Singapore of any school textbooks the use of which appears to him prejudicial to the interests of Singapore; ( e ) the prohibition of the use of school premises for any purpose which appears to him prejudicial to the interests of Singapore; ( f ) the proper keeping of school registers and books of account; ( g ) the medical inspection of pupils in schools and of school premises; ( h ) the control and supervision of subscriptions and collections on behalf of schools or pupils; ( i ) the conditions under which Government grants‑in‑aid shall be given or continue to be given; ( j ) the provision in any school of a constitution, written scheme or deed of trust setting forth the rules in accordance with which the affairs of the school are to be conducted; ( k ) the control of fees and other charges made by schools; and ( l ) the prescribing of anything that may be prescribed under this Act. (2) All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the regulations are so presented annulling the regulations or any part thereof as from a specified date, the regulations or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of any new regulations. (3) If a breach of any such regulation is committed, every manager of or teacher in any school in which the breach is committed who has committed or abetted the commission of the breach whether directly or through negligence shall be guilty of an offence.


document_id: ea-1957
provision_ref: s62
chapter: PART 13 - REGULATIONS, OFFENCES, NOTICES, INDEMNITY, ETC.
section: 62
title: Penalties
content:
62. —(1) Any person who — ( a ) acts as manager of or teacher in a school which is not registered or exempted from registration under section 3; ( b ) in making an application under this Act for the registration of a school or for registration as manager or teacher or for authority to employ an unregistered teacher, makes any false statement which he knows to be false or does not believe to be true or which he makes recklessly or, by the intentional suppression of any material fact, furnishes information which is misleading; ( c ) obstructs or impedes the Director‑General or any officer lawfully carrying out an inspection of a registered school in the lawful exercise of any of his powers under this Act; ( d ) in contravention of section 53 refuses to produce any document or refuses to furnish any information or furnishes any information which is false in a material particular and which he knows to be false or does not believe to be true; ( e ) acts as a manager of a school without having been registered as a manager, or as a teacher without having been registered as a teacher or given authority or permission to teach as an unregistered teacher; or ( f ) except as provided for in section 49 continues to act as the supervisor or manager of a school or as a teacher in a school which is carried on after the Director‑General has issued a notice under section 48 cancelling its registration, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both. [8/97] (2) Any person guilty of an offence under this Act or against the regulations made thereunder for which no other penalty is specifically provided, shall be liable on conviction to a fine not exceeding $500 for a first offence or $1,000 for a second or subsequent offence under this Act, and if he is a manager or teacher convicted of an offence under section 20 or 23(3), shall be liable to a further fine not exceeding $100 for every day during which the offence continues after conviction.


document_id: ea-1957
provision_ref: s63
chapter: PART 13 - REGULATIONS, OFFENCES, NOTICES, INDEMNITY, ETC.
section: 63
title: Service of notices
content:
63. Whenever in this Act or in the regulations made thereunder provision is made for the service upon any person of a notice in writing, it shall be sufficient service if the notice is served personally or sent by registered post to his last known address, and whenever the person to be served is a supervisor and cannot readily be found it shall be sufficient service to affix the notice to the building of the school of which he is the supervisor.


document_id: ea-1957
provision_ref: s64
chapter: PART 13 - REGULATIONS, OFFENCES, NOTICES, INDEMNITY, ETC.
section: 64
title: No person to be charged except on complaint of Director‑General
content:
64. No person shall be charged with any offence under this Act or any regulations made thereunder except on the complaint of the Director‑General. [8/97]


document_id: ea-1957
provision_ref: s65
chapter: PART 13 - REGULATIONS, OFFENCES, NOTICES, INDEMNITY, ETC.
section: 65
title: Power to amend forms in Schedule
content:
65. The Minister may, from time to time, cancel, vary or add to any of the forms set out in the Schedule.


document_id: ea-1957
provision_ref: s66
chapter: PART 13 - REGULATIONS, OFFENCES, NOTICES, INDEMNITY, ETC.
section: 66
title: Savings
content:
66. —(1) Any school, manager or teacher registered under the provisions of the Registration of Schools Ordinance (Cap. 203, 1955 Revised Edition) and any Government teacher appointed before 13 December 1957 shall be deemed to have been registered under this Act and such registration shall continue in force but subject to the provisions of this Act relating to the striking off the register of any such school, manager or teacher. (2) When no person has been registered as the supervisor of any school registered at 13 December 1957 the school shall be deemed to have ceased to be registered unless, within one month of such date, a manager has been recommended by the committee of management of the school to be supervisor thereof for the purpose of this Act and duly registered under section 28. (3) All the estate and interest in any movable or immovable property and all rights, liabilities, authorities, powers, privileges or immunities which hitherto vested in or might be had or exercised by the Finance Board constituted and established under the provisions of the Education Ordinance (Cap. 202, 1955 Revised Edition) shall be deemed to have passed to and be vested in or be applicable to and exercised by the Accountant‑General.


document_id: ea-1968
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — [ Deleted by Act 17 of 2022 wef 01/07/2022 ] “authorised officer” means — ( a ) the Director, any Deputy Director, any Divisional Director or any other officer, of the Central Narcotics Bureau, appointed under section 3(1) of the Misuse of Drugs Act 1973; ( b ) the Director, any deputy director, any assistant director or any special investigator, of the Corrupt Practices Investigation Bureau appointed under section 3(1) and (2) of the Prevention of Corruption Act 1960; ( c ) any Commercial Affairs Officer appointed under section 64(1) of the Police Force Act 2004; ( d ) the Controller of Immigration or any immigration officer appointed under section 3(1) of the Immigration Act 1959; ( e ) the Director-General of Customs, any Deputy Director-General of Customs or any Assistant Director-General of Customs appointed under section 4(1) and (2), any senior officer of customs appointed under section 4(4), or any officer of customs appointed under section 5(2), of the Customs Act 1960; ( f ) any police officer; or ( g ) any other person or class of persons appointed by the Minister as an authorised officer or authorised officers for the purposes of this Act; [Act 17 of 2022 wef 01/07/2022] “Convention offence” means an offence specified in the Fourth Schedule by reference to a specified written law relating to a multilateral convention or treaty; [Act 17 of 2022 wef 01/07/2022] “Convention State” means a state or territory that is a party to the multilateral convention or treaty defined in each written law specified in the Fourth Schedule; [Act 17 of 2022 wef 01/07/2022] “declared Commonwealth territory” means a state or territory declared to be a Commonwealth territory under section 6; [Act 17 of 2022 wef 01/07/2022] “excluded offence” means an offence described or specified in the First Schedule; [Act 17 of 2022 wef 01/07/2022] [ Deleted by Act 17 of 2022 wef 01/07/2022 ] [ Deleted by Act 17 of 2022 wef 01/07/2022 ] “extradition offence” means — ( a ) in relation to a request made by Singapore — (i) an offence (wherever committed) against the law in force in Singapore that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and (ii) the offence is not an excluded offence; ( b ) in relation to a request made by a foreign State or a declared Commonwealth territory — (i) an offence against the law of, or of a part of, the foreign State or the declared Commonwealth territory that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and (ii) the act or omission constituting the offence or the equivalent act or omission would, if it took place in or within the jurisdiction of Singapore, constitute an offence against the law in force in Singapore that — (A) carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment; and (B) is not an excluded offence; or ( c ) any offence that is deemed to be an extradition offence under this Act or a written law relating to a multilateral convention or treaty specified in the Fourth Schedule; [Act 17 of 2022 wef 01/07/2022] “extradition treaty” means a treaty or agreement made by Singapore with a foreign State relating to the extradition of fugitives, and includes any treaty or agreement relating to the extradition of fugitives made before 9 August 1965 which extends to, and is binding on, Singapore; “foreign State”, in relation to — ( a ) an extradition request made to Singapore, means — (i) any foreign State; or (ii) any territory specified in the Third Schedule, between which and Singapore an extradition treaty is in force; and ( b ) an extradition request made by Singapore, means — (i) any foreign State; or (ii) any territory (including any territory specified in the Third Schedule); [Act 42 of 2024 wef 28/03/2025] “foreign warrant” means a judicial or other document issued under the law of, or of a part of, a foreign State and authorising the apprehension of a person; “fugitive” means a person who is accused of an extradition offence that is alleged to have been committed, or convicted of an extradition offence that was committed at a place within the jurisdiction of a foreign State or a declared Commonwealth territory or of a part of such State or territory and is, or is suspected to be, in Singapore; [Act 17 of 2022 wef 01/07/2022] “material” includes any book, document or other record in whatever form, and any container or article relating thereto; [Act 17 of 2022 wef 01/07/2022] “overseas warrant” means a judicial or other document issued under the law of, or of a part of, a declared Commonwealth territory and authorising the apprehension of a person; [Act 17 of 2022 wef 01/07/2022] “prison” has the meaning given by section 2 of the Prisons Act 1933; [Act 17 of 2022 wef 01/07/2022] “thing” includes material. [Act 17 of 2022 wef 01/07/2022] (2) A reference in this Act to a fugitive from a foreign State or declared Commonwealth territory is a reference to a fugitive accused of an extradition offence that is alleged to have been committed, or convicted of an extradition offence that was committed, at a place in that State or territory or within the jurisdiction of, or of a part of, that State or territory. [Act 17 of 2022 wef 01/07/2022] (3) To avoid doubt, an offence is not prevented from falling within the definition of “extradition offence” in subsection (1) merely because it is an offence of a purely fiscal character. [Act 17 of 2022 wef 01/07/2022] (4) For the purposes of this Act, an offence against the law of, or of a part of, a foreign State or declared Commonwealth territory may be regarded as being an offence of a political character notwithstanding that there are not competing political parties in that State or territory. [Act 17 of 2022 wef 01/07/2022] (5) For the purposes of this Act — ( a ) a colony, territory or protectorate of a foreign State or of a country other than Singapore; ( b ) a territory for the international relations of which a foreign State or a country other than Singapore is responsible; and ( c ) a ship or aircraft of, or registered in, a foreign State or a country other than Singapore, are, unless the contrary intention appears, each deemed to be within the jurisdiction, and to be part, of that foreign State or of that country. [Act 17 of 2022 wef 01/07/2022] (6) For the purposes of this Act, a person convicted of an offence in his or her absence is to be treated as a person accused of that offence. [Act 17 of 2022 wef 01/07/2022] (7) [ Deleted by Act 17 of 2022 wef 01/07/2022 ] (8) [ Deleted by Act 17 of 2022 wef 01/07/2022 ]


document_id: ea-1968
provision_ref: s3
chapter: PART 2 - APPLICATION OF ACT
section: 3
title:
Application of this Act (except for Parts 5 and 6) in relation to foreign States to which Extradition Acts 1870 to 1935 applied

content:
3. —(1) Where, immediately before 1 August 1968 — ( a ) under an Order in Council in force under the Imperial Acts known as the Extradition Acts 1870 to 1935, those Acts applied in the case of a foreign State specified in the Order; and ( b ) those Acts, as they so applied, extended to Singapore, this Act (except for Parts 5 and 6) applies in relation to that State. [Act 17 of 2022 wef 01/07/2022] (2) If the operation of the Order was subject to any limitations, conditions, exceptions or qualifications, then, subject to this section and sections 4 and 5, this Act (except for Parts 5 and 6) applies in relation to that State subject to those limitations, conditions, exceptions or qualifications. [Act 17 of 2022 wef 01/07/2022] (3) The Minister may by notification in the Gazette direct that this Act (except for Parts 5 and 6) ceases to apply in relation to a foreign State specified in the notification, being a foreign State in relation to which this Act applied by virtue of subsection (1), and, upon the coming into operation of a notification that so provides, this Act (except for Parts 5 and 6) ceases to apply in relation to that State. [Act 17 of 2022 wef 01/07/2022] (4) The coming into operation of a notification made for the purposes of subsection (3) in relation to a foreign State does not prevent this Act (except for Parts 5 and 6) from again applying in relation to that State by virtue of a notification made for the purposes of section 4. [Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s4
chapter: PART 2 - APPLICATION OF ACT
section: 4
content:
4. —(1) Where, after 1 August 1968, an extradition treaty (including an extradition treaty that affects or amends an earlier extradition treaty) comes into force between Singapore and a foreign State — ( a ) if this Act (except for Parts 5 and 6) applies in relation to the foreign State at the time of the coming into force of that treaty — the Minister may by notification in the Gazette direct that this Act (except for Parts 5 and 6) applies in relation to that State after that time subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the notification; or [Act 17 of 2022 wef 01/07/2022] ( b ) if this Act (except for Parts 5 and 6) does not apply in relation to the foreign State at the time of the coming into force of that treaty — the Minister may by notification in the Gazette direct that this Act (except for Parts 5 and 6) applies in relation to that State after that time and may also provide that it so applies subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the notification. [Act 17 of 2022 wef 01/07/2022] (2) The limitations, conditions, exceptions or qualifications referred to in subsection (1) may, in relation to a foreign State, be expressed in the form that this Act (except for Parts 5 and 6) applies in relation to that State subject to the extradition treaty referred to in that subsection. [Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s5
chapter: PART 2 - APPLICATION OF ACT
section: 5
content:
5. —(1) Subject to subsection (2) where the notification for the time being in force provides that this Act (except for Parts 5 and 6) applies in relation to a foreign State, this Act (except for Parts 5 and 6) applies in relation to that State. [Act 17 of 2022 wef 01/07/2022] (2) Where the notification for the time being in force provides that this Act (except for Parts 5 and 6) applies in relation to a foreign State subject to any limitations, conditions, exceptions or qualifications, this Act (except for Parts 5 and 6) applies in relation to that State subject to those limitations, conditions, exceptions or qualifications. [Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s6
chapter: PART 2 - APPLICATION OF ACT
section: 6
title: Application to declared Commonwealth territories
content:
6. —(1) The Minister may declare a state or territory to be a Commonwealth territory in relation to which this Act (except for Part 6) applies and, subject to subsection (2), where there is such a declaration for the time being in force, this Act (except for Part 6) applies in relation to that state or territory. (2) The Minister may provide in the declaration mentioned in subsection (1) that this Act (except for Part 6) applies in relation to a declared Commonwealth territory subject to any limitations, conditions, exceptions or qualifications that are prescribed and, where the declaration for the time being in force so provides, this Act (except for Part 6) applies in relation to that territory subject to those limitations, conditions, exceptions or qualifications. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s7
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 7
title: Liability of fugitive to be surrendered
content:
7. —(1) Where this Part applies in relation to a foreign State or declared Commonwealth territory, every fugitive from that State or territory is liable to be apprehended and surrendered to that State or territory, subject to — ( a ) this Part; ( b ) any limitations, conditions, exceptions or qualifications to which the application of this Part in relation to that State or territory is subject; and ( c ) in the case of a declared Commonwealth territory, Part 5. (2) Every fugitive mentioned in subsection (1) is liable under that subsection whether the offence to which the request for the surrender of the fugitive relates is alleged to have been committed, or was committed, before, on or after 1 August 1968 or before, on or after the date — ( a ) in the case of a foreign State — when this Part commenced to apply in relation to that State; and ( b ) in the case of a declared Commonwealth territory — (i) when that territory became a declared Commonwealth territory; or (ii) if the territory was a declared Commonwealth country under section 19(1) as in force immediately before the date of commencement of section 7 of the Extradition (Amendment) Act 2022 — when that country became a declared Commonwealth country. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s8
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 8
title: Restrictions on surrender of persons to foreign States
content:
8. —(1) Subject to section 41(2) and any limitation, condition, exception or qualification mentioned in section 4(2), a person is not liable to be surrendered to a foreign State if the offence to which the request for his or her surrender relates — ( a ) is an offence of a political character; or ( b ) is, by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character. (2) A person is not liable to be surrendered to a foreign State unless provision is made — ( a ) by a law of that State; or ( b ) by an extradition treaty in force between Singapore and that State, by virtue of which the person will not, unless he or she has been returned, or has had an opportunity of returning, to Singapore — ( c ) be detained or tried in that foreign State for any offence that is alleged to have been committed, or was committed, before his or her surrender other than — (i) the offence to which the request for his or her surrender relates; or (ii) any other offence of which he or she could be convicted upon proof of the facts on which that request was based; or ( d ) be detained in that foreign State for the purpose of his or her being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to that foreign State other than an offence of which he or she could be convicted upon proof of the facts on which the request for his or her surrender was based. (3) A person who — ( a ) is held in custody, or has been released on bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore; or ( b ) is undergoing a sentence for a conviction in Singapore, is not liable to be surrendered to a foreign State until he or she has been discharged from custody, or the bonds upon which he or she was released on bail have been discharged (as the case may be), whether as a result of his or her acquittal, on the expiry of his or her sentence, or otherwise. (4) A person is not liable to be surrendered to a foreign State in respect of an offence if he or she — ( a ) has been acquitted or pardoned by a competent tribunal or authority in any state or territory; or ( b ) has undergone the punishment provided by the law of, or of a part of, any state or territory, in respect of that offence or of another offence constituted by the same act or omission as that offence. (5) A person is not liable to be surrendered to a foreign State in respect of an offence if he or she has been convicted of that offence in the foreign State in his or her absence, unless — ( a ) the person had deliberately absented himself or herself from his or her trial in the foreign State; or ( b ) the person would, if surrendered, be entitled to a retrial in his or her presence, during which he or she would have — (i) the right to defend himself or herself, whether in person or through legal counsel; and (ii) the right to examine witnesses and to call and examine witnesses in his or her defence. (6) A person is not liable to be surrendered to a foreign State if prosecution for the offence to which the request for his or her surrender relates is, according to the law of, or of a part of, the foreign State, barred by the passage of time. (7) A person is not liable to be surrendered to a foreign State if the request for his or her surrender relates to an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore. (8) Where a request for a surrender is made by a foreign State in relation to the enforcement of a sentence of imprisonment or other deprivation of liberty on a person who is a convicted fugitive, the Minister, at the point in time of deciding whether to give a notice under section 11 or to cancel an issued warrant under section 12(4), may determine that the person is not to be surrendered to the foreign State, if the remaining period of imprisonment or other deprivation of liberty, as the case may be — ( a ) is shorter than the period specified as being a minimal period in the provisions of any existing extradition treaty between Singapore and the foreign State; or ( b ) is less than 6 months, if no period mentioned in paragraph ( a ) is specified. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s9
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 9
title: Restrictions on surrender of persons to declared Commonwealth territories
content:
9. —(1) Subject to sections 28(1) and 41(2) and any limitation, condition, exception or qualification mentioned in section 6(2), a person is not liable to be surrendered to a declared Commonwealth territory if the offence to which the request for his or her surrender relates — ( a ) is an offence of a political character; or ( b ) is, by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character. (2) A person is not liable to be surrendered to a declared Commonwealth territory unless — ( a ) provision is made by the law of, or of a part of, that territory; or ( b ) that territory has entered into an agreement with, or given an undertaking to, Singapore, by virtue of which the person will not, unless he or she has been returned, or has had an opportunity of returning, to Singapore — ( c ) be detained or tried in that declared Commonwealth territory for any offence that is alleged to have been committed, or was committed, before his or her surrender other than — (i) the offence to which the request for his or her surrender relates; (ii) any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or (iii) any other extradition offence in respect of which the Minister consents to the person being so detained or tried, as the case may be; or ( d ) be detained in that declared Commonwealth territory for the purpose of his or her being surrendered to another state or territory for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to that declared Commonwealth territory other than — (i) any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or (ii) any other offence in respect of which the Minister could issue a warrant under this Part for the person’s surrender to that other state or territory and in respect of which the Minister consents to the person being so detained. (3) A person who — ( a ) is held in custody, or has been released on bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore; or ( b ) is undergoing a sentence for a conviction in Singapore, is not liable to be surrendered to a declared Commonwealth territory until he or she has been discharged from custody, or the bonds upon which he or she was released on bail have been discharged (as the case may be), whether as a result of his or her acquittal, on the expiry of his or her sentence, or otherwise. (4) A person is not liable to be surrendered to a declared Commonwealth territory in respect of an offence if he or she — ( a ) has been acquitted or pardoned by a competent tribunal or authority in any state or territory; or ( b ) has undergone the punishment provided by the law of, or of a part of, any state or territory, in respect of that offence or of another offence constituted by the same act or omission as that offence. (5) A person is not liable to be surrendered to a declared Commonwealth territory if the request for his or her surrender relates to an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s10
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 10
title: Restriction on power of Minister to authorise apprehension, or order surrender, of fugitive
content:
10. —(1) The Minister must not give a notice under section 11(1), or issue a warrant under section 19(2) or (8), in respect of a fugitive from a foreign State or declared Commonwealth territory, if the Minister has substantial grounds for believing that — ( a ) the request for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he or she would be liable to be surrendered to that State or territory, was made for the purpose of prosecuting or punishing him or her on account of his or her race, religion, sex, ethnic origin, nationality or political opinions; or ( b ) if the fugitive is surrendered to that State or territory, he or she may be prejudiced at his or her trial, or punished, detained or restricted in his or her personal liberty, by reason of his or her race, religion, sex, ethnic origin, nationality or political opinions. (2) If the Minister is satisfied that, by reason of — ( a ) the trivial nature of the offence that a fugitive is alleged to have committed or has committed; ( b ) the accusation against a fugitive not having been made in good faith or in the interests of justice; ( c ) the passage of time since the offence is alleged to have been committed or was committed; or ( d ) any other sufficient cause, and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the fugitive, or to surrender him or her before the expiry of a particular period, the Minister must not give a notice under section 11(1) or issue a warrant under section 19(2) or (8) in respect of the fugitive, as the case may be. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s11
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 11
title: Notice by Minister
content:
11. —(1) Subject to subsection (2), where a request for the surrender of a fugitive who is, or is suspected of being, in or on his or her way to Singapore is made to the Minister by a foreign State or declared Commonwealth territory, the Minister may, in his or her discretion — ( a ) if a warrant for the apprehension of the fugitive has not been issued under section 12, by written notice — (i) in accordance with Form 1 in the Second Schedule; and (ii) directed to a Magistrate, inform the Magistrate that the request has been made and authorise him or her to issue a warrant for the apprehension of the fugitive; or ( b ) if a warrant for the apprehension of the fugitive has been issued under section 12 and a person has been apprehended under the warrant, by written notice — (i) in accordance with Form 2 in the Second Schedule; and (ii) directed to a Magistrate before whom the person may be brought, inform the Magistrate that the request has been made. (2) If the Minister is of the opinion that the fugitive is not liable to be surrendered to the foreign State or declared Commonwealth territory, the Minister must not give a notice under subsection (1) in respect of the fugitive. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s12
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 12
title: Issue of warrants by Magistrate
content:
12. —(1) Where — ( a ) a Magistrate — (i) is authorised by the Minister by a notice under section 11(1)( a ) to issue a warrant for the apprehension of a fugitive; or (ii) has received an application made as prescribed for the issue of a warrant for the apprehension of a fugitive who is, or is suspected of being, in or on his or her way to Singapore; and ( b ) there is produced to the Magistrate such evidence as would, in his or her opinion, according to the law in force in Singapore, justify — (i) the apprehension of the fugitive by an authorised officer without the issue of a warrant; or (ii) the issue of a warrant for the apprehension of the fugitive, if the act or omission constituting the extradition offence had taken place in, or within the jurisdiction of Singapore, the Magistrate is to issue a warrant for the apprehension of the fugitive in accordance with Form 3 or 4 (as the case may be) in the Second Schedule. (2) Where a Magistrate issues a warrant under this section without having been authorised by the Minister by a notice under section 11(1)( a ) to issue the warrant, the Magistrate is to forthwith send to the Minister a report stating that the Magistrate has issued the warrant and the evidence produced to the Magistrate on the application for the warrant. (3) It is sufficient compliance with subsection (2) in relation to any evidence consisting of testimony given on oath, or declared or affirmed to be true, by a person if — ( a ) where the testimony was given in writing — the Magistrate sends to the Minister a copy of that writing certified by the Magistrate to be a true copy; or ( b ) where the testimony was given orally — (i) if the testimony has been reduced to writing, the Magistrate sends to the Minister that writing certified by the Magistrate to be a true record of the testimony; or (ii) if the testimony has not been reduced to writing, the Magistrate sends to the Minister the notes made by the Magistrate in respect of the testimony and certified by the Magistrate to be a true summary of the testimony. (4) Where the Minister — ( a ) receives a report of the issue of a warrant and the evidence as provided by subsections (2) and (3); or ( b ) otherwise becomes aware of the issue of a warrant, the Minister may, if he or she thinks fit, by written order, direct that the warrant be cancelled. (5) Where a person has been apprehended under a warrant that is so directed to be cancelled — ( a ) if the person apprehended is held in custody, the person holding him or her in custody must, upon receipt of the order, cause the person apprehended to be released; or ( b ) if the person apprehended has been released on bail, the bonds upon which he or she was released on bail must be discharged. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s13
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 13
title: Power to execute warrant
content:
13. A warrant issued under section 12 may be executed by any authorised officer. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s14
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 14
title: Bail and bond
content:
14. —(1) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to an application made under this Act for bail or personal bond or to the release of a fugitive on bail or on his or her own bond under this Act with the following modifications: ( a ) a reference to an accused is a reference to the fugitive; ( b ) a reference to an arrest is a reference to the apprehension or taking into custody of a fugitive; ( c ) a reference to a conviction is a reference to the committal to prison or custody of a fugitive; ( d ) a reference to an acquittal is a reference to the discharge of a fugitive. (2) If there is any inconsistency between Division 5 of Part 6 of the Criminal Procedure Code 2010 and any provision of this Act, the provision of this Act prevails. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s15
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 15
title: Search and seizure upon and after apprehension of person
content:
15. —(1) Where an authorised officer who executes a warrant issued under section 12 has reasonable grounds for suspecting that there is any thing on, in the possession of, or under the apparent control of the person who is the subject of the warrant that — ( a ) may be material as evidence in proving an offence to which the warrant for his or her arrest relates; or ( b ) has been acquired by the person as a result of that offence, the authorised officer may search for and, subject to subsection (3), seize that thing. (2) Where at any point in time after the arrest of the person mentioned in subsection (1) and up to the time the person is surrendered to the requesting foreign State or declared Commonwealth territory (as the case may be), an authorised officer becomes aware that there are reasonable grounds for suspecting that there is in any place any thing that — ( a ) may be material as evidence in proving an offence to which the warrant for the person’s arrest relates; or ( b ) has been acquired by the person as a result of that offence, the authorised officer may search for and, subject to subsection (3), seize that thing. (3) An authorised officer carrying out a search and seizure under subsection (1) or (2) may only seize any thing that is identified or described by the requesting foreign State or declared Commonwealth territory, whether in the request for surrender or otherwise. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s15A
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 15A
title: Magistrate to ascertain whether apprehended person consents to surrender, etc.
content:
15A. —(1) A person who is apprehended under a warrant issued under section 12 must, unless he or she is sooner released, be brought as soon as practicable before a Magistrate. (2) The Magistrate may remand a person brought before him or her under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time. (3) Where a Magistrate remands a person for the period in accordance with subsection (2), the person must, at the expiry of the period, be brought before the Magistrate or before any other Magistrate. (4) Whenever a person is brought before a Magistrate under subsection (1) or (3), the Magistrate is to ascertain from the person whether he or she wishes to consent to his or her surrender to the foreign State or declared Commonwealth territory, and — ( a ) where the person indicates to the Magistrate that he or she wishes to consent to his or her surrender to the foreign State or declared Commonwealth territory — the procedure under section 21 applies; and ( b ) in every other case — the procedure under section 16 applies. (5) If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Minister in a notice under section 11(1)( a ), the Magistrate is to remand the person in accordance with subsections (2) and (3) until the Magistrate receives a notice under section 11(1)( b ) from the Minister informing the Magistrate that a request for the surrender of the person has been made to the Minister by a foreign State or declared Commonwealth territory. (6) Where the Magistrate does not receive a notice under section 11(1)( b ) mentioned in subsection (5) within such time as is reasonable having regard to all the circumstances, the Magistrate — ( a ) if the person apprehended is held in custody, is to order that he or she be released; or ( b ) if the person apprehended has been released on bail, is to make an order discharging the bonds upon which the person apprehended was released on bail. (7) In subsections (5) and (6), “Magistrate”, in relation to a person who has been apprehended under a warrant issued under section 12, means the Magistrate before whom the person is brought after he or she was apprehended or at the expiry of a period for which he or she has been remanded under this section, as the case may be. [Act 31 of 2022 wef 01/11/2022]


document_id: ea-1968
provision_ref: s16
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 16
title: Order by Magistrate if apprehended person does not consent to surrender
content:
16. —(1) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (2) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (3) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (4) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (5) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (6) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (7) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (8) In a case where this section applies because of section 15A(4)( b ), if the person brought before a Magistrate under section 15A(1) or (3) was apprehended under a warrant issued pursuant to an authority by the Minister in a notice under section 11(1)( a ) or the Magistrate receives a notice from the Minister under section 11(1)( b ) and — ( a ) there is produced to the Magistrate a duly authenticated foreign warrant or overseas warrant in respect of the person issued in the foreign State or declared Commonwealth territory (as the case may be) that made the request for the surrender of the person; ( b ) the Magistrate is satisfied that there is — (i) in the case of a person who is accused of an extradition offence — a prima facie case that would justify the trial of the person if the act or omission constituting that offence had taken place in, or within the jurisdiction of, Singapore; or (ii) in the case of a person who is alleged to have been convicted of an extradition offence — sufficient evidence that the person has been convicted of that offence; and ( c ) the Magistrate is satisfied, after hearing any evidence tendered by the person, that the person is liable to be surrendered to the foreign State or declared Commonwealth territory that made the request for the surrender, the Magistrate, by warrant in accordance with Form 5 in the Second Schedule, is to commit the person to prison to await the warrant of the Minister for the person’s surrender but otherwise, subject to section 17, is to order that the person be released. [Act 31 of 2022 wef 01/11/2022] (9) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him or her to prison, the Magistrate may, in lieu of committing the person to prison, by warrant in accordance with Form 5 in the Second Schedule with any modification that is necessary to meet the circumstances of the case, order that he or she be held in custody — ( a ) at the place where he or she is for the time being, or at any other place to which the Magistrate considers that he or she can be removed without danger to his or her life or prejudice to his or her health; and ( b ) until such time as he or she can without such danger or prejudice be committed to prison or he or she is surrendered. (10) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he or she be held in custody, the Magistrate is to forthwith send to the Minister a certificate to that effect and such report (if any) relating to the proceedings as the Magistrate thinks fit. (11) In this section, “Magistrate”, in relation to a person who has been apprehended under a warrant issued under section 12, means the Magistrate before whom the person is brought after he or she was apprehended or at the expiry of a period for which he or she has been remanded under section 15A, as the case may be. [Act 17 of 2022 wef 01/07/2022] [Act 31 of 2022 wef 01/11/2022]


document_id: ea-1968
provision_ref: s17
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 17
title: Review of Magistrate’s order
content:
17. —(1) Where — ( a ) a foreign State or declared Commonwealth territory has made a request for the surrender of a person; and ( b ) a Magistrate has, under section 16(8), ordered that the fugitive be committed to prison or ordered that the fugitive be released, as the case may be, the fugitive or the Attorney-General (on behalf of the foreign State or declared Commonwealth territory) may apply for a review of the order by the General Division of the High Court on a question of fact or a question of law or on a question of mixed fact and law. (2) On the review of an order, the General Division of the High Court may — ( a ) confirm or vary the Magistrate’s order; ( b ) quash the Magistrate’s order and substitute a new order in its stead, including — (i) an order for the release of the fugitive; or (ii) an order for the committal of the fugitive to prison to await the warrant of the Minister for the fugitive’s surrender to the foreign State or declared Commonwealth territory, as the case may be; ( c ) remit the case to the Magistrate with the opinion of the General Division of the High Court; ( d ) make any order or direction that the Magistrate may make under section 19 or 20; or ( e ) make any other order or direction as the General Division of the High Court thinks fit. (3) There is no appeal against the decision of the General Division of the High Court under subsection (2). (4) A notice of an application for review of an order mentioned in subsection (1) — ( a ) must be in Form 10 in the Second Schedule; and ( b ) must be filed with the Registrar of the State Courts not later than 15 days after the order is made. (5) A notice of an application for review of an order operates as a stay of the Magistrate’s order until the later of the following dates: ( a ) the expiry of the period of 15 days, starting on the day after which the order was made; ( b ) if a review is pending, the date that the proceedings are finally determined by the General Division of the High Court. (6) A notice of an application for review of an order, together with any relevant document required in Form 10 in the Second Schedule, must be served — ( a ) where the application for review is brought by the fugitive — on the Attorney-General; or ( b ) where the application for review is brought by the Attorney-General — on the fugitive or his or her counsel. (7) Where the Magistrate is informed that the Attorney-General intends to apply for a review of an order discharging a fugitive, the Magistrate may, on the application of the Attorney-General, order that the fugitive be remanded in custody for a period not exceeding 24 hours pending the filing of the notice of an application for review of an order by the Attorney-General. (8) Where notice of an application for review of an order has been filed by either party, the Magistrate may — ( a ) commit the fugitive to prison pending the determination of the review by the General Division of the High Court; or ( b ) subject to subsection (9), release the fugitive on bail. (9) Where the Magistrate has ordered that the fugitive be committed to prison under section 16(8), the conditions in section 95(2)( c ) of the Criminal Procedure Code 2010 apply to the release of the fugitive on bail under subsection (8), but where the Magistrate has not so ordered, those conditions do not apply to the fugitive’s release on bail. (10) The General Division of the High Court may, upon application by either party, review the decision of the Magistrate under subsection (8) and may confirm, vary or set aside the Magistrate’s decision or make any other order or direction as the General Division of the High Court thinks fit. (11) Where notice of an application for review of an order has been filed — ( a ) the Magistrate must, as soon as possible, transmit to the General Division of the High Court — (i) the record of the case and all affidavits, statements, documents and exhibits tendered before the Magistrate; (ii) the notes of evidence; (iii) the grounds for the Magistrate’s decision; and (iv) the Magistrate’s finding on any question of law or fact or mixed law and fact which arose during the proceedings; and ( b ) the Registrar of the State Courts must, as soon as possible, serve on the fugitive or the fugitive’s counsel at the address mentioned in the notice of application for review, a notice that a copy each of the documents mentioned in paragraph ( a ) are available and can be obtained by applying for those documents. (12) An application for review of an order under this section — ( a ) does not require permission of the court; ( b ) must be in Form 11 in the Second Schedule; ( c ) must contain the particulars of the order on which review is sought and the particulars of the question of fact or law or of mixed fact and law mentioned in subsection (1); and ( d ) must be filed with the Registrar of the State Courts not later than 14 days after service of the documents mentioned in subsection (11). (13) Sections 377(6), (6A) and (7), 378(3) to (7), 379, 380, 381 and 392(1) to (4) of the Criminal Procedure Code 2010 apply to a review under this section with the necessary modifications as if the review were an appeal against the decision in a criminal trial by a Magistrate’s Court or District Court under that Code, and a reference in those provisions — ( a ) to a notice of appeal is a reference to a notice of an application for review of an order; ( b ) to an appellant is a reference to the fugitive or the Attorney-General, as the case may be; ( c ) to an accused is a reference to the fugitive; ( d ) to the Public Prosecutor is a reference to the Attorney-General; and ( e ) to a petition of appeal is a reference to an application for review. (14) If there is any inconsistency between the sections of the Criminal Procedure Code 2010 mentioned in subsection (13) and any provision of this Act, the provision of this Act prevails. (15) The General Division of the High Court must cause notice to be given to the parties to the review of the time and place at which the review will be heard. (16) To avoid doubt, section 417 of the Criminal Procedure Code 2010 on application for order for review of detention does not apply — ( a ) to any person ordered to be committed to prison under section 16(8); or ( b ) to any person ordered by the General Division of the High Court to be committed to prison under subsection (2). [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s18
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 18
title: Reference to Court of Appeal of matter determined by General Division of High Court
content:
18. —(1) When an order has been reviewed and determined by the General Division of the High Court under section 17, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of which by the General Division of the High Court has affected the case, that party may apply to the Court of Appeal for permission to refer the question to the Court of Appeal. (2) The Attorney-General may refer any question of law of public interest under this section without the permission of the Court of Appeal. (3) An application under subsection (1) or a reference under subsection (2) — ( a ) must be made within 15 days, or any longer period as the Court of Appeal may permit, after the determination of the matter to which it relates; and ( b ) in the case of an application by the Attorney-General, must be made by him or her or with his or her written consent. (4) An application made under subsection (1) by a party who is not the Attorney-General — ( a ) must be in Form 12 in the Second Schedule; ( b ) must be supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and ( c ) must be sealed by an officer of the Registry of the Supreme Court. (5) Where an application under subsection (1) or a reference under subsection (2) is made, the General Division of the High Court must send to the Court of Appeal a signed copy of the record of the proceedings, and the grounds of decision, for the matter to which the application or reference relates. (6) Where — ( a ) a party applies under subsection (1) for permission to refer a question to the Court of Appeal; and ( b ) it appears to the Court of Appeal that the question is not a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application relates, the application may, without being set down for hearing, be summarily refused by an order made by a presiding Judge sitting in the Court of Appeal, certifying that the Court of Appeal is satisfied that the application was made without any sufficient ground. (7) A decision of the Court of Appeal to summarily refuse under subsection (6) an application under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the Court of Appeal. (8) Notice of a refusal under subsection (6) of an application under subsection (1) must be served on the applicant. (9) Where, after the Court of Appeal has summarily refused under subsection (6) an application under subsection (1) (called in this subsection the application for permission), the applicant files, within 14 days after the service of the notice of the refusal on the applicant, with the Registrar of the Supreme Court — ( a ) notice of an application to amend the application for permission, so as to raise a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application for permission relates; and ( b ) a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice may allow the applicant to amend the application for permission accordingly, and must restore the application for permission for hearing. (10) In granting permission to refer any question of law of public interest under subsection (1), or where the Attorney-General refers any question of law of public interest under subsection (2), the Court of Appeal may — ( a ) reframe the question or questions to reflect the relevant issue of law of public interest; and ( b ) make such orders as the Court of Appeal may see fit for the arrest, custody or release on bail of any party in the case. (11) The Court of Appeal, in hearing and determining any questions referred, may make any order that the General Division of the High Court might have made as the Court of Appeal considers just for the disposal of the case. (12) For the purposes of this section, each of the following is deemed to be a question of law of public interest: ( a ) any question of law regarding which there is a conflict of judicial authority; ( b ) any question of law that the Attorney-General refers. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s19
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 19
title: Surrender of fugitive
content:
19. —(1) When, under this Part, a Magistrate commits a person (called in this section the prisoner) to prison, or otherwise orders that he or she be held in custody, to await the warrant of the Minister for his or her surrender to a foreign State or declared Commonwealth territory (as the case may be), the Magistrate is to inform the prisoner — ( a ) that the prisoner may apply for a review of the order under section 17 or waive his or her right to do so; and ( b ) that the prisoner will not be surrendered until after the expiry of the period of 15 days after the date of the committal or order, unless the prisoner waives his or her right to apply for a review of the order under section 17. (2) After the later of the following dates: ( a ) the expiry of the period mentioned in subsection (1)( b ); ( b ) if an application for review of the order is brought, the date that the proceedings are finally determined by the General Division of the High Court, the Minister may if he or she decides that the prisoner is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant — ( c ) in accordance with Form 6 in the Second Schedule; or ( d ) where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with any modification that is necessary to meet the circumstances of the case. (3) A prisoner who is committed to prison or held in custody under subsection (1) may indicate, at any time within the period of 15 days after the date of the committal or order, that he or she wishes to waive his or her right to apply for a review of the order under section 17. (4) Where a prisoner indicates that he or she wishes to waive his or her right to apply for a review of the order under section 17, the Magistrate must, before recording the prisoner’s consent to the waiver — ( a ) ascertain that the prisoner’s consent is given voluntarily; and ( b ) inform the prisoner of the following consequences of his or her consent to the waiver: (i) the remainder of the 15-day waiting period after the date of the committal or order will be lifted; (ii) the prisoner will be surrendered to the foreign State or declared Commonwealth territory as soon as practicable; (iii) the prisoner will not be entitled to apply for a review of the order under section 17. (5) Where — ( a ) the Magistrate is satisfied that the prisoner’s consent is given voluntarily; and ( b ) the prisoner, after having been informed of the consequences of his or her consent to the waiver in accordance with subsection (4)( b ), affirms his or her consent, the Magistrate must record the prisoner’s consent to the waiver and must commit him or her to prison to await the warrant of the Minister for his or her surrender to the foreign State or declared Commonwealth territory. (6) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him or her to prison, the Magistrate may, in lieu of committing the person to prison, by warrant in accordance with Form 5 in the Second Schedule with any modification that is necessary to meet the circumstances of the case, order that he or she be held in custody — ( a ) at the place where he or she is for the time being, or at any other place to which the Magistrate considers that he or she can be removed without danger to his or her life or prejudice to his or her health; and ( b ) until such time as he or she can without such danger or prejudice be committed to prison or he or she is surrendered. (7) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he or she be held in custody, the Magistrate is to forthwith send to the Minister a certificate to that effect and such report (if any) relating to the proceedings as the Magistrate thinks fit. (8) Where the Magistrate has recorded the prisoner’s consent in accordance with subsection (5), the Minister may, after the date of the recording of the consent, if he or she is satisfied that the prisoner is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant — ( a ) in accordance with Form 6 in the Second Schedule; or ( b ) where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with any modification that is necessary to meet the circumstances of the case. (9) A warrant issued under subsection (2) or (8) may order that the prisoner — ( a ) be delivered into the custody of a person specified in the warrant; ( b ) be conveyed by that person to a place in the foreign State or declared Commonwealth territory or within the jurisdiction of, or of a part of, that State or territory; and ( c ) be surrendered there to some person appointed by the foreign State or declared Commonwealth territory to receive him or her. (10) This section does not apply to or in relation to a person who has informed a Magistrate that he or she consents to his or her surrender to the foreign State or declared Commonwealth territory. [Act 17 of 2022 wef 01/07/2022] [Act 31 of 2022 wef 01/11/2022]


document_id: ea-1968
provision_ref: s20
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 20
title: Court’s powers relating to property
content:
20. —(1) Any property — ( a ) that was in the possession of the prisoner at the time of his or her apprehension; or ( b ) that was seized under section 15, that may be material as evidence in proving the offence to which the request for his or her surrender relates must, if the Minister so directs, be delivered up with the prisoner on his or her surrender. (2) Where any property — ( a ) was in the possession of the prisoner at the time of his or her apprehension or was seized under section 15; and ( b ) was not delivered up with the prisoner on his or her surrender in accordance with subsection (1), a Magistrate may by order direct that the property be disposed of — ( c ) by being delivered to the person whom the Magistrate is satisfied is entitled to possession of the property; or ( d ) in any other manner as the Magistrate thinks fit. (3) If an order is made under this section in a case in which a review of a Magistrate’s order under section 17 is pending, the order must not, except where the property is perishable, be carried out until the period allowed for the review has expired or the review has been finally determined. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s21
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 21
title: Surrender by consent
content:
21. —(1) A person who is apprehended under a warrant issued under section 12 may, at any time after his or her arrest, inform a Magistrate that he or she consents to his or her surrender to the foreign State or declared Commonwealth territory. (2) Where a person indicates his or her consent to surrender to the foreign State or declared Commonwealth territory, the Magistrate must, before recording the person’s consent — ( a ) ascertain that the person’s consent is given voluntarily; and ( b ) inform the person of the following consequences of his or her consent to extradition: (i) the person will be committed to prison pending his or her surrender without extradition proceedings; (ii) the person will not be entitled to apply for a review under section 17 following his or her committal; (iii) the person will be surrendered to the foreign State or declared Commonwealth territory as soon as practicable; (iv) upon the person’s surrender to the foreign State or declared Commonwealth territory, he or she — (A) will be tried for the offence in respect of which his or her extradition was requested, or any lesser offence proved by the facts on which his or her extradition was requested; and (B) may be tried for any other offence to which he or she consents to be tried. (3) Where — ( a ) the Magistrate is satisfied that the person’s consent is given voluntarily; and ( b ) the person, after having been informed of the consequences of his or her consent to extradition in accordance with subsection (2)( b ), affirms his or her consent, the Magistrate must record the person’s consent to surrender and, subject to subsection (6), must commit him or her to prison to await the warrant of the Minister under subsection (5A) for his or her surrender to the foreign State or declared Commonwealth territory. [Act 31 of 2022 wef 01/11/2022] (4) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him or her to prison, the Magistrate may, in lieu of committing the person to prison, by warrant in accordance with Form 5 in the Second Schedule with any modification that is necessary to meet the circumstances of the case, order that he or she be held in custody — ( a ) at the place where he or she is for the time being, or at any other place to which the Magistrate considers that he or she can be removed without danger to his or her life or prejudice to his or her health; and ( b ) until such time as he or she can without such danger or prejudice be committed to prison or he or she is surrendered. (5) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he or she be held in custody, the Magistrate is to forthwith send to the Minister a certificate to that effect and such report (if any) relating to the proceedings as the Magistrate thinks fit. (5A) After the Minister receives a certificate under subsection (5) relating to a person, the Minister may, if the Minister is satisfied that the person is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant — ( a ) in accordance with Form 6 of the Second Schedule; or ( b ) where the person is held in custody otherwise than at a prison, in accordance with that Form with any modification that is necessary to meet the circumstances of the case. [Act 31 of 2022 wef 01/11/2022] (5B) A warrant issued under subsection (5A) may order that the person — ( a ) be delivered into the custody of a person specified in the warrant; ( b ) be conveyed by that person to a place in the foreign State or declared Commonwealth territory or within the jurisdiction of, or of a part of, that State or territory; and ( c ) be surrendered there to some person appointed by the foreign State or declared Commonwealth territory to receive him or her. [Act 31 of 2022 wef 01/11/2022] (6) The Magistrate is not to issue an order detaining the person pending his or her surrender unless the Magistrate has received — ( a ) a notice under section 11(1) from the Minister; and ( b ) a duly authenticated foreign warrant or overseas warrant in respect of the person issued in the foreign State or declared Commonwealth territory, that made the request for the surrender of the person, as the case may be. (7) In determining whether to issue a warrant of surrender, the Minister must determine whether the restrictions on surrender under sections 8, 9 and 10 are applicable, and if any of the restrictions on surrender in those sections are applicable, the Minister is not to issue a warrant of surrender. (8) Where the person is committed to prison under subsection (3) — ( a ) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] ( b ) upon the Minister issuing a warrant of surrender, the person is to be surrendered to the foreign State or declared Commonwealth territory as soon as practicable. [Act 17 of 2022 wef 01/07/2022]


