Oaths and Declarations Act 2000

by Parliament of Singapore

Layout 2

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

---

---

---

---

First published in the Government Gazette, Electronic Edition, on 19th December 2000 at 5:00 pm.

The following Act was passed by Parliament on 13th November 2000 and assented to by the President on 2nd December 2000:—

OATHS AND DECLARATIONS ACT 2000

(No. 38 of 2000)

ARRANGEMENT OF SECTIONS

Section
PART I PRELIMINARY
1.	Short title and commencement
2.	Interpretation
PART II OATHS
3.	Power to administer oaths, etc.
4.	Oaths to be taken by witnesses and interpreters
5.	Affirmation in lieu of oath
6.	Caution in lieu of oath or affirmation
7.	Form of oath and affirmation
8.	Proceedings and evidence not invalidated by omission of oath, etc.
PART III STATUTORY DECLARATIONS
9.	Persons may make statutory declarations
10.	Where law requires or authorises persons to make statutory declarations
11.	Manner of making statutory declarations in Singapore
12.	Statutory declarations made outside Singapore
13.	Statutory declaration sufficient to prove execution of will, etc.
14.	Making of false statutory declaration an offence
PART IV OATHS OF OFFICE AND ALLEGIANCE
15.	Manner of taking oath of office, etc.
16.	Circumstances under which affirmation may be made
PART V GENERAL PROVISIONS
17.	Regulations
18.	Power to amend Schedules
19.	Repeal
20.	Consequential amendments
21.	Savings provision
	The Schedules

REPUBLIC OF SINGAPORE

---

No. 38 of 2000.

I assent.

An Act to amend and consolidate the law relating to oaths and statutory declarations, and to repeal certain statutes, and to make consequential amendments to certain written laws.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I
PRELIMINARY

Short title and commencement

1. This Act may be cited as the Oaths and Declarations Act 2000 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, unless the context otherwise requires—

"affirmation" means an affirmation referred to in section 5;

"caution" means a caution referred to in section 6;

"oath" means an oath administered or taken for any purpose, whether in judicial proceedings or otherwise;

"person acting judicially" means a person, tribunal, commission or other body having by law or consent of the parties power to receive evidence.

PART II
OATHS

Power to administer oaths, etc.

3.—(1) A court or person acting judicially may administer, or may empower an officer to administer, an oath, affirmation or caution.

(2) Subsection (1) is without prejudice to the provisions of any other written law conferring on any person the power to administer an oath, affirmation or caution.

Oaths to be taken by witnesses and interpreters

4.—(1) Without prejudice to the provisions of any other written law, oaths shall be taken by the following persons:

(a) a person who may be lawfully examined, or who may give or be required to give evidence, by or before a court or person acting judicially;

(b) an interpreter of questions put to, and of evidence given by, a person referred to in paragraph (a).

(2) Subsection (1) shall not apply to—

(a) the official interpreter of a court; or

(b) a certificated interpreter in the public service,

when performing his duties as such interpreter, if he has taken an oath to faithfully discharge those duties.

Affirmation in lieu of oath

5. Where a person required by section 4 or any other written law to take an oath—

(a) is a Hindu or Muslim or of some other religion according to which oaths are not of binding force; or

(b) has a conscientious objection to taking an oath,

he may, instead of taking an oath, make an affirmation.

Caution in lieu of oath or affirmation

6. Where a person required by section 4 or any other written law to take an oath ought not, in the opinion of the court or person acting judicially, to take an oath or make an affirmation by reason of immaturity of age, he may, instead of taking an oath or making an affirmation, be cautioned by the court or person acting judicially to state the truth, the whole truth, and nothing but the truth.

Form of oath and affirmation

7. An oath under section 4 shall be taken and administered, and an affirmation under section 5 shall be made and administered, in accordance with the form and manner prescribed by the Rules of Court (Cap. 322, R 5) or any other written law.

Proceedings and evidence not invalidated by omission of oath, etc.

8. No omission to take an oath, make an affirmation or administer a caution, and no irregularity in the form or manner in which an oath is taken, an affirmation is made or a caution is administered, shall—

(a) invalidate any proceedings or render inadmissible any evidence in or in respect of which the omission or irregularity took place; or

(b) affect any obligation of the person taking the oath or making the affirmation or being cautioned to state the truth.

PART III
STATUTORY DECLARATIONS

Persons may make statutory declarations

9. Any person may voluntarily make a statutory declaration in the manner provided in section 11 or 12 in relation to any matter.

Where law requires or authorises persons to make statutory declarations

10. Where by any written law (whether made before, on or after the commencement of this Act) any person is authorised or required to make a statutory declaration, that statutory declaration shall be made in the manner provided in section 11 or 12, as the case may be.

Manner of making statutory declarations in Singapore

11.—(1) A statutory declaration made in Singapore—

(a) shall be in the form set out in the First Schedule; and

(b) shall be made before a court, a person acting judicially, or a prescribed person.

(2) Subsection (1) is without prejudice to the provisions of any other written law conferring on any other person the power to take or receive a statutory declaration.

Statutory declarations made outside Singapore

12.—(1) A statutory declaration made in the United Kingdom or any part of the Commonwealth other than Singapore shall be made before a notary public or justice of the peace of that country, or other person having authority under any law for the time being in force in that country to take or receive a declaration.

(2) A statutory declaration made in any place that is not part of the Commonwealth shall be made before a consul or vice consul or before any person having authority under any law for the time being in force in that place to take or receive a declaration.

Statutory declaration sufficient to prove execution of will, etc.

13. An attesting witness to the execution of a will, deed or document, or any other competent person, may verify and prove the signing, sealing, publication or delivery of the will, deed or document by a statutory declaration made in the manner provided under section 11 or 12, as the case may be.

Making of false statutory declaration an offence

14.—(1) Any person who—

(a) makes in a statutory declaration a statement which is false, and which he knows or has reason to believe is false or does not believe to be true, touching any point material to the object for which the declaration is made or used; or

(b) corruptly uses or attempts to use as true any statutory declaration made in or outside Singapore knowing the same to be false in any material point,

shall be guilty of an offence and—

(i) if the person made the statutory declaration for use in any stage of a judicial proceeding or, as the case may be, used or attempted to use the statutory declaration in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to a fine; or

(ii) in any other case, shall be punished with imprisonment which may extend to 3 years and shall also be liable to a fine.

(2) Without prejudice to the generality of subsection (1) (i)—

(a) a trial before a subordinate military court within the meaning of the Singapore Armed Forces Act (Cap. 295) is a judicial proceeding; and

(b) each of the following is treated as a stage of a judicial proceeding:

(i) an investigation directed by law that is preliminary to a proceeding before a court, whether the investigation takes place before a court or otherwise;

(ii) an investigation directed by a court, and conducted under the authority of a court, whether the investigation takes place before a court or otherwise.

(3) Subsection (1) (a) shall apply to the making of a statutory declaration outside Singapore if the person knows or has reason to believe that the statutory declaration is intended to be used in Singapore; and such person may be dealt with as if the offence had been committed in Singapore.

PART IV
OATHS OF OFFICE AND ALLEGIANCE

Manner of taking oath of office, etc.

15.—(1) The oath of allegiance referred to in Part I of the Second Schedule, and the oath of office referred to in Part II of that Schedule, shall be tendered to and taken by all persons required under any written law to take an oath of office.

(2) The oath of allegiance referred to in Part I of the Second Schedule, and the judicial oath referred to in Part III of that Schedule, shall be tendered to and taken by all persons required under any written law to take a judicial oath.

(3) This section is without prejudice to any other written law which prescribes the form and manner in which an oath of office or a judicial oath, as the case may be, may be tendered and taken.

Circumstances under which affirmation may be made

16. Any person who—

(a) is a Hindu or Muslim or of some other religion according to which oaths are not of binding force; or

(b) has a conscientious objection to taking an oath,

and who is required to take an oath of office or judicial oath under any written law may, instead of taking the oaths referred to in section 15(1) or (2), as the case may be, make an affirmation in the form of those oaths, substituting the words "solemnly, sincerely and truly declare and affirm" for the word "swear" and omitting the words "So help me God".

PART V
GENERAL PROVISIONS

Regulations

17. The Minister may make regulations to prescribe anything that is required or authorised to be prescribed under this Act, and generally for the carrying out of the provisions of this Act.

Power to amend Schedules

18. The Minister may, by notification in the Gazette, amend any Schedule.

Repeal

19. The following Acts are repealed:

(a) Oaths Act (Cap. 211);

(b) Oaths of Office and Allegiance Act (Cap. 212); and

(c) Statutory Declarations Act (Cap. 320).

Consequential amendments

20.—(1) In any written law and in any document, any reference to the repealed Oaths Act, the repealed Oaths of Office and Allegiance Act or the repealed Statutory Declarations Act shall be treated as a reference to the Act.

(2) Section 129(1) of the Criminal Procedure Code (Cap. 68) is amended by inserting, immediately after the words "Penal Code," in paragraph (b), the words "or section 14 of the Oaths and Declarations Act 2000,".

Savings provision

21. Every—

(a) oath taken, affirmation made or caution administered under the repealed Oaths Act;

(b) oath taken under the repealed Oaths of Office and Allegiance Act; and

(c) statutory declaration made under the repealed Statutory Declarations Act,

shall continue and have effect as if it had been taken, made or administered, as the case may be, under the provisions of this Act.

FIRST SCHEDULE

Section 11 (1)

STATUTORY DECLARATION

I^[1],　　　　　　　　　　, do solemnly and sincerely declare^[2]

And I make this solemn declaration by virtue of the provisions of the Oaths and Declarations Act 2000, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

^[3]

Declared at　　　　　　the　　　　　　day of　　　　　　.

Before me,　　　　　　

^{[4] [5]}

1. ⁽¹⁾ Here insert name, address and occupation of person making the declaration.
2. ⁽²⁾ Here insert matter declared to. Where the matter is long, add the words "as follows:" and then set out the matter in numbered paragraphs.
3. ⁽³⁾ Signature of person making the declaration.
4. ⁽⁴⁾ Signature of person before whom the declaration is made.
5. ⁽⁵⁾ Here insert title of person before whom the declaration is made.

SECOND SCHEDULE

Section 15

PART I
FORM OF OATH OF ALLEGIANCE

"I,　　　　　　　　　　, do swear that I will be faithful and bear true allegiance to the Republic of Singapore according to law. So help me God."

PART II
FORM OF OATH OF OFFICE

"I,　　　　　　　　　　, do swear that I will well and truly serve the Republic of Singapore in the office of　　　　　　　　　　. So help me God."

PART III
FORM OF JUDICIAL OATH

"I,　　　　　　　　　　, do swear that I will well and truly serve the Republic of Singapore in the office of 　　　　　　　　　　 and I will do right to all manner of people after the laws and usages of Singapore without fear or favour, affection or ill-will. So help me God."