Attorney-General v Bank: Mutual Assistance in Criminal Matters - Production of Bank Records

The Attorney-General appealed the High Court's decision to dismiss his ex parte application under Section 22 of the Mutual Assistance in Criminal Matters Act (MACMA) for a production order against a bank. The Attorney-General sought the bank records of a customer in response to a request from a foreign state. The Court of Appeal allowed the appeal, holding that the High Court erred in requiring the foreign state's request to be disclosed as a condition for granting the production order. The Court emphasized the Attorney-General's screening role and the statutory framework of MACMA.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Allowed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding a production order under the Mutual Assistance in Criminal Matters Act. The court allowed the appeal, emphasizing the Attorney-General's role.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Attorney-GeneralAppellantGovernment AgencyAppeal AllowedWon
Francis Ng of Attorney-General’s Chambers
David Chong of Attorney-General’s Chambers
Janice Wong of Attorney-General’s Chambers
BankRespondentCorporationProduction Order GrantedLost

3. Judges

Judge NameTitleDelivered Judgment
Chan Sek KeongChief JusticeYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
V K RajahJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Francis NgAttorney-General’s Chambers
David ChongAttorney-General’s Chambers
Janice WongAttorney-General’s Chambers

4. Facts

  1. The Attorney-General applied for a production order against the Bank under s 22 of MACMA.
  2. The application was made in response to a request from a foreign state for assistance in a criminal matter.
  3. The High Court dismissed the Attorney-General's application because the foreign state's request was not exhibited in the affidavit.
  4. The Attorney-General appealed the High Court's decision.
  5. The Court of Appeal allowed the appeal, granting the production order.

5. Formal Citations

  1. Section 22 of the Mutual Assistance in Criminal Matters Act, CA 77/2008, [2008] SGCA 41
  2. Section 22 of the Mutual Assistance in Criminal Matters Act, , [2008] SGHC 96

6. Timeline

DateEvent
SI Lim's Affidavit was signed.
Decision Date

7. Legal Issues

  1. Mutual Legal Assistance
    • Outcome: The court held that the High Court erred in requiring the foreign state's request to be disclosed as a condition for granting the production order.
    • Category: Substantive
  2. Production Order Requirements
    • Outcome: The court clarified the conditions for granting a production order under Section 22 of MACMA, emphasizing that satisfying the conditions in s 22(4) is sufficient.
    • Category: Procedural

8. Remedies Sought

  1. Production Order

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Criminal Law
  • International Law

11. Industries

  • Banking
  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
In the Matter of an Application Pursuant to s 17(2) of the Mutual Legal Assistance in Criminal Matters Act and Rafal KurekBritish Columbia Supreme CourtYesRafal Kurek 2005 BCSC 516CanadaCited as directly on point with respect to the Attorney-General's application in this case regarding the disclosure of a foreign country's request.

13. Applicable Rules

Rule Name
O 89B rr 2 and 3 of the Rules of Court (Cap 322, R 5, 2006 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed)Singapore
Section 22 Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed)Singapore
Sections 19 and 20 of MACMASingapore
s 41 of MACMASingapore
s 125 of the Evidence Act (Cap 97, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Mutual Assistance in Criminal Matters Act
  • Production Order
  • Requesting State
  • Attorney-General
  • Ex Parte Application
  • Financial Institution
  • Bank Records

15.2 Keywords

  • Mutual Legal Assistance
  • Production Order
  • Bank Records
  • Criminal Matters
  • International Cooperation

17. Areas of Law

Area NameRelevance Score
Mutual Legal Assistance80
Criminal Law70
Criminal Procedure70
International Law60
Administrative Law30
Banking Law20

16. Subjects

  • Criminal Law
  • International Law
  • Banking Law