SINGAPORE Law and Practice Contributed by: Jason Lim, Sreenivasan Narayanan SC and Palaniappan Sundararaj, Sreenivasan Chambers LLC
the commencement of the reckoning period of six years to be delayed in cases of fraudulent claims. Distinct limitation periods are specified for certain civil penalties. One example is the six-year limit for a civil penalty under the Securities and Futures Act. 1.5 Extraterritorial Reach and Cross-Border Co-Operation The starting point is the presumption of territoriality. In Public Prosecutor v Taw Cheng Kong [1998] 2 SLR(R) 489 @ [66-69], the Court of Appeal ruled that, in the absence of express words to the contrary, provisions of the Penal Code are presumed to apply only within Singapore. In this regard, Section 4B of the PC expressly provides that certain offences are deemed to have been com - mitted in Singapore where there is a sufficient territo - rial nexus. This includes situations where: • part of the offence occurs in Singapore; or • the offence, wherever committed, was intended to cause gain, loss or harm in Singapore. Such offences comprise, amongst others, criminal breach of trust, cheating and forgery. Notwithstanding the above, some statutes also pro - vide for extraterritorial application. Jurisdiction for offences under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 (CDSA) extends to conduct occurring outside Singapore, where proceeds associated with serious offences committed overseas are dealt with within Singapore. In relation to corruption, Section 37 (1) of the Prevention of Corruption Act 1960 (PCA) states that its provisions “have effect, in relation to citizens of Singapore, outside as well as within Singapore”, such that a Singapore citizen who commits a corruption offence anywhere in the world may be dealt with as if the offence had been committed within Singapore. Similarly, Section 339 (1) of the SFA extends to offences that are committed partly outside Singapore, including market misconduct such as insider trading and front-running. The Personal Data Protection Act 2012 (PDPA) also has extraterritorial effect as its pro -
visions apply to organisations physically present out - side Singapore in relation to the collection, use and disclosure of personal data collected in Singapore. In addition, the Computer Misuse Act 1993 (CMA) extends to acts committed overseas that affect com - puters, data or systems in Singapore. Mechanisms for International Co-Operation and Mutual Legal Assistance The principal legislation governing international co- operation is the Mutual Assistance in Criminal Matters Act 2000 (MACMA). The MACMA applies both to requests made by Singa - pore to foreign states and to requests made by foreign states to Singapore. Section 3 sets out the types of assistance that may be provided, including: • the taking of evidence and production of materials; • arrangements for persons to assist in investiga - tions; • the recovery, forfeiture or confiscation of property; • the restraint or freezing of assets; search and seizure; • the identification and location of persons; and • service of documents. The Attorney-General’s Chambers acts as the Cen - tral Authority for all requests. Even in the absence of a bilateral treaty, assistance may be rendered on the basis of reciprocity, subject to the provisions of MACMA. 1.6 Extradition and Prohibited Destinations The legal framework governing extradition in Singa - pore is primarily set out in the Extradition Act 1968 (EA). The EA is intended to govern extradition arrange - ments with declared Commonwealth territories and foreign states generally subject to applicable treaties. Section 2 (1) of the EA defines an “extradition offence” as follows. • In relation to a request made by Singapore – an offence that carries a maximum punishment of two years’ imprisonment or more and which, if it had been committed in Singapore in correspond - ing circumstances, would be punishable under
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