Re Section 22 of the Mutual Assistance in Criminal Matters Act: Application for Bank Production Order

The Attorney-General applied under Section 22 of the Mutual Assistance in Criminal Matters Act for a bank to produce material relating to a client's account, following a request from a prescribed foreign country. The High Court, presided over by Justice Kan Ting Chiu, dismissed the application because the request from the foreign country was not exhibited in the affidavit supporting the application. The court held that the existence of a proper request is an essential part of the application and that the court must be able to verify the request and the materials sought.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application for a bank production order under Section 22 of the Mutual Assistance in Criminal Matters Act dismissed due to lack of exhibited foreign request.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Attorney-GeneralApplicantGovernment AgencyApplication dismissedLost
Francis Ng of Attorney-General’s Chambers

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Francis NgAttorney-General’s Chambers

4. Facts

  1. The Attorney-General applied for a bank to produce material relating to a client's account.
  2. The application was made under s 22 of the Mutual Assistance in Criminal Matters Act.
  3. The application followed a request from a prescribed foreign country.
  4. The request from the foreign country was not exhibited in the affidavit supporting the application.
  5. The officer of the Commercial Affairs Department stated the information provided by the magistrate in the foreign country pertained to a criminal investigation against parties under investigation for criminal conspiracy to commit offences of cheating, forgery of a valuable security, forgery for the purpose of cheating and using forged documents as genuine.
  6. The production order sought was for the complete bank records for the account number for the period of date to the present.

5. Formal Citations

  1. Re Section 22 of the Mutual Assistance in Criminal Matters Act, OS 490/2008, [2008] SGHC 96

6. Timeline

DateEvent
Minister of Law highlighted the need for particularized requests during parliamentary debate on the Mutual Assistance in Criminal Matters (Amendment) Bill
Application dismissed

7. Legal Issues

  1. Whether application for bank to produce material relating to account of client should be granted
    • Outcome: The court held that the application should not be granted because the request from the foreign country was not exhibited.
    • Category: Procedural
  2. Whether proper request by prescribed foreign country an essential part of application
    • Outcome: The court held that a proper request from a prescribed foreign country is an essential part of the application.
    • Category: Substantive

8. Remedies Sought

  1. Production Order

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Criminal Law
  • International Law

11. Industries

  • Banking

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Section 22 of the Mutual Assistance in Criminal Matters ActHigh CourtYes[2008] SGHC 96SingaporeThis is a self-citation.

13. Applicable Rules

Rule Name
Order 89B r 3 of the Rules of Court
Order 89B r 2(1)
Order 89B r 2(2) of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Mutual Assistance in Criminal Matters Act (Cap 190A)Singapore
Section 22 Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed)Singapore
Banking Act (Cap 19 Rev Ed 2003)Singapore
Evidence Act (Cap 97)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Mutual Assistance
  • Production Order
  • Bank Records
  • Foreign Request
  • Criminal Matters

15.2 Keywords

  • Mutual Assistance
  • Criminal Matters
  • Production Order
  • Bank Records
  • Foreign Request

17. Areas of Law

Area NameRelevance Score
Mutual Legal Assistance90
Criminal Law70
International Law60
Administrative Law30
Banking Law20

16. Subjects

  • Criminal Law
  • International Law
  • Banking Law