SINGAPORE Law and Practice Contributed by: Lim Chong Kin and Corinne Chew, Drew & Napier LLC
date, criminal sanctions relating to an offence described above have not been imposed in any case in Singapore. 2.4 Role of Counsel Legal counsel (whether in-house or external) may play a role in the investigations process. For instance, where the Commission issues a written notice to require the production of docu - ments or information under Section 63 of the Competition Act, legal advice may be sought in relation to the notice. A person required by the Commission to provide information or an expla - nation of a document may also be accompanied by legal counsel. However, it should be noted that the individual must be the person respond - ing, and the Commission has stated that it is not acceptable for another person to respond on that individual’s behalf. In addition, where the Commission conducts a search of the premises under warrant, the occupier’s legal counsel may be given a reasonable amount of time to arrive at the premises under certain circumstances (see 2.2 Dawn Raids/Search Warrants ). Generally, cartel involvement does not give rise to liability for individuals (such as employees or officers of the entity under investigation). In such a situation, representation would be at the cor - porate level. However, where individuals com - mit one of the ancillary offences relating to the obstruction of the Commission’s investigations, individuals may consider obtaining legal repre - sentation in relation to any subsequent criminal proceedings brought against them. In practice, legal counsel should inform all offic - ers and employees of the undertaking under investigation of the legal requirements to co- operate with the Commission’s officers, with par - ticular emphasis on ensuring that there should be no attempts to delete, destroy or conceal
information or documents that may be relevant to the investigation. Legal counsel should also ensure that officers and employees do not dis - close to other third parties that the undertaking is under investigation and/or a dawn raid has taken place; in particular, to such other under - takings that may potentially be the subject of the Commission’s investigations. 2.5 Obtaining Evidence/Testimony The Commission may issue a notice under Sec - tion 63 of the Competition Act to require the pro - duction of specified documents, provide speci - fied information, or enter any premises to gain access to documents, either with or without a warrant. Apart from issuing a notice under Section 63 of the Competition Act to require the provision of specified information, which may be given orally, the Commission’s officers may also interview any person on the premises under inspection. See 2.1 Initial Investigation and 2.2 Dawn Raids/Search Warrants for further details. 2.6 Attorney-Client and Other Privileges As mentioned in 2.2 Dawn Raids/Search War- rants , the Commission’s power to require the disclosure of information or documents under the Competition Act does not extend to any communication that would be protected from disclosure in court proceedings on the ground of legal advice privilege or litigation privilege. Sec - tion 66 (3) of the Competition Act also provides that a professional legal adviser is not required to disclose or produce privileged communications made by or to them in that capacity. In general, the advice provided by in-house counsel is also protected by legal professional privilege under the Evidence Act 1893 (the “Evi-
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