SINGAPORE Trends and Developments Contributed by: Lim Chong Kin and Corinne Chew, Drew & Napier LLC
the kind in respect of which the warrant was granted; • take possession of any document appearing to be the kind in respect of which the war - rant was granted, if necessary to preserve the document or prevent tampering, or if it is not reasonably practicable to make copies of it on the premises; • take any other step necessary to preserve the documents or prevent interference with them, including the sealing of premises, offices or files; • require any person to explain any document appearing to be the kind in respect of which the warrant was granted or state to the best of their knowledge where it could be found; • require any person on the premises to pro - duce any relevant document at such location, time, and in such form and manner as may be required by the Commission; • require any information stored in electronic form and accessible from the premises that the Commission’s officers consider to be related to any matter relevant to the investiga - tion, to be produced in a form in which it can be taken away and read; and • remove from the premises any equipment or article related to any matter relevant to the investigation (eg, computers). The Commission may also enter premises with - out a warrant by providing written notice at least two working days in advance of intended entry. While the Commission’s officers will not have the ability to actively search the premises, they have the power to require: • any person on the premises to produce any document that the Commission’s officers consider related to any matter relevant to the investigation – eg, minutes of any meet -
ings with competitors, the diaries of specified directors, sales data or invoices; • any person on the premises to provide an explanation of any document produced; • any person to state, to the best of that per - son’s knowledge and belief, the location of any document that the Commission’s officers consider to be related to any matter relevant to the investigation; • any information stored in any electronic form and accessible from the premises that the Commission’s officers consider to be related to any matter relevant to the investigation, to be produced in a form in which it can be read and taken away; and • the taking of any other steps that appear nec - essary to preserve the documents or prevent interference with them – eg, sealing such rooms or cabinets for such time as is reason - ably necessary to enable the inspection to be completed (this period will not be longer than 72 hours, except where an undertaking consents to a longer time or where access to documents is unduly delayed, such as by the unavailability of a person who can provide access). Furthermore, the Commission has the power to interview occupants on the premises being inspected without having to serve a written notice, require individuals to answer any ques - tion relating to the investigation, and any infor - mation provided verbally must be put in writing, read to the individual, and after correction (if any), signed by the individual. If the individual does not understand English, the information recorded will be interpreted in a language that the individual understands. Where an infringement of a prohibition under the Competition Act is found, the Commission has the general discretion to give any directions it
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