CRIMINAL PROCEDURE CODE (AMENDMENT) BILL

Order for Second Reading read.

The Parliamentary Secretary to the Minister for Law (Assoc. Prof. Ho Peng Kee): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, this Bill seeks to amend the Criminal Procedure Code (Cap. 68) ('CPC') to allow certain witnesses to give evidence and remanded accused persons to make formal applications, through live video or television links. This will render it unnecessary for such witnesses and remanded accused persons to be physically present in Court.

Sir, the Chief Justice in his Keynote Address at this year's Subordinate Courts Workplan Seminar spoke of the need to protect child witnesses and adult witnesses in sexual assault cases from the traumatic experience of giving evidence in Court. Under existing law, witnesses giving evidence must testify in Court in the presence of the accused. The Chief Justice pointed out that, in some Commonwealth jurisdictions, child witnesses and victims of assault or abuse cases are removed from the court room to give evidence by video link so as to shield them from direct confrontation with the accused. He added that bail-related applications for accused persons in remand could also be done through the same procedure. This would save the time and expense of transporting such persons to Court and avoid the need to make heavy security arrangements.

Sir, to elaborate, the proposed amendment involves the introduction of a new section 364A which seeks to achieve the following. First, allow witnesses in Singapore, but not accused persons, to give evidence via live video or television link in criminal proceedings in specified circumstances, eg, where the witnesses are children (that is, under 16 years old) or victims of sexual offences or where the offence is one involving assault or injury; and, second, allow an accused person on remand to 'appear' before the Court via live video or television link for bail-related and remand extension applications.

Mr Speaker, Sir, leave of the Court is required before evidence via live video or television link is allowed. The safeguard here is that the Court would not grant an application if to do so would be inconsistent with its duty to ensure that the proceedings are conducted fairly.

I should point out that this amendment does not provide for foreign witnesses to give evidence in Singapore via this procedure. Government is concerned that to allow witnesses outside the jurisdiction to give evidence would encourage the giving of false evidence exonerating accused persons. It would be difficult for the Attorney-General to prosecute such persons and it would hamper our enforcement effort against drug traffickers.

Sir, this Bill was drafted in close consultation with the Attorney-General's Chambers, the Judiciary, the Ministry of Home Affairs, the Criminal Investigation Department of the Singapore Police Force and the Prisons Department, all of whom support the proposed amendments. We have studied similar legislation in foreign jurisdictions, eg, UK, Australia, New Zealand and the US and incorporated useful features from these sources where appropriate.

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. - [Assoc. Prof. Ho Peng Kee].

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