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Depositions to be received in evidence when witness cannot be produced

Merchant Shipping Act

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—(1) Whenever in the course of any legal proceeding instituted before any court, or before any persons authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter of that proceeding, then upon due proof that the witness cannot be found in Singapore, any deposition that the witness has previously made on oath in relation to the same subject-matter before any judge or magistrate in Her Majesty’s dominions or in India, or any British consular officer elsewhere shall be admissible in evidence:Provided that —(a)if the deposition was made in Singapore, it shall not be admissible in any proceeding instituted in Singapore; and(b)if the proceeding is criminal, it shall not be admissible unless it was made in the presence of the person accused.(2) A deposition so made shall be authenticated by the signature of the judge, magistrate or consular officer before whom it is made; and the judge, magistrate or consular officer shall certify, if the fact is so, that the accused was present at the taking thereof.(3) A deposition so made shall be deemed to be duly authenticated if it purports to be signed by the judge, magistrate or consular officer before whom it is made.(4) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition, and in any criminal proceeding a certificate under this section shall, unless the contrary is proved, be sufficient evidence of the accused having been present in the manner thereby certified.(5) Nothing herein shall affect any case in which depositions taken in any proceeding are rendered admissible in evidence by any Imperial Act or any Act in force in Singapore or interfere with the practice of any court in which depositions not authenticated as hereinbefore mentioned are admissible.[376

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