Page:Mutual Assistance in Criminal Matters Act 2000.pdf/37

Rh (2) Where, on receipt of a request made under subsection (1), the Attorney-General is satisfied—
 * (a) that the request relates to a criminal matter in that country;
 * (b) that there are reasonable grounds for believing that the person to be served is in Singapore;
 * (c) the country has furnished sufficient details of the consequences of a failure to comply with such process; and
 * (d) where the request relates to the service of a summons to appear as a witness in that country, that that country has given an adequate undertaking in respect of the matters specified in section 39,

the Attorney-General may authorise assistance in accordance with this section.

(3) Where service is authorised under subsection (2), the Attorney-General shall direct an authorised officer or a process server of the Supreme Court to arrange service, and in such a case the authorised officer or process server shall—
 * (a) use his best endeavours to have the process served—
 * (i) in accordance with procedures proposed in the request; or
 * (ii) if those procedures would be unlawful or inappropriate in Singapore, or if no procedures are so proposed, in accordance with the Rules of Court; and
 * (b) if the document—
 * (i) is served, transmit to the Attorney-General for transmission to the appropriate authority a certificate by the Registrar of the Supreme Court as to service; or
 * (ii) is not served, transmit to the Attorney-General for transmission to the appropriate authority a statement by the Registrar of the Supreme Court of the reasons which prevented the service.

(4) Rules of Court may provide for—
 * (a) the documents and other information to accompany the service of process; and
 * (b) the form of the certificate referred to in subsection (3) (b) (i) and the statement referred to in subsection (3) (b) (ii).