EVIDENCE (CIVIL PROCEEDINGS IN OTHER JURISDICTIONS) BILL

Order for Second Reading read. 3.20 p.m.

The Minister for Law and Science and Technology (Mr E.W. Barker): Mr Speaker, Sir, I beg to move, "Thai"the Bill be now read a Second time."

This is a short Bill which deals with the taking of evidence in Singapore for use in civil or commercial proceedings abroad. At present, the law governing this matter is contained in certain United Kingdom Acts of Parliament of the last century - the Foreign Tribunals Evidence Act of 1856 and the Evidence by Commission Acts of 1859 and 1885. It is desirable to replace these old statutes with our own legislation and at the same time modernise the law. In the United Kingdom itself the old statutes have been replaced by the Evidence (Proceedings in Other Jurisdictions) Act, 1975.

Another reason for this Bill is to enable us to give effect to Singapore's recent accession to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of 1968. The main objective of this Convention is to facilitate the taking of evidence in member countries for use in civil or commercial matters. The Convention enables evidence to be taken in one member country for use in another member country.

The Bill will empower our High Court to take evidence of witnesses present in Singapore for use in civil proceedings pending or contemplated in a foreign country. "Civil proceedings" is defined in clause 2 of the Bill to mean proceedings in any civil or commercial matter but the definition specifically excludes proceedings arising out of any fiscal, monetary or revenue law or measure. The exclusion is to ensure that our courts will not be obliged to render assistance in the enforcement of the customs, foreign exchange, taxation and other fiscal or monetary measures of other countries.

The Bill does not deal with the taking of evidence for use in criminal proceedings. This will continue to be governed by the unrepealed provisions of the United Kingdom Evidence by Commission Act, 1885, so far as Commonwealth countries are concerned, and by section 43 of the Extradition Act in respect of non-Commonwealth countries.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Mr E.W. Barker].

Bill considered in Committee; reported without amendment; read a Third time and passed.