Page:COVID-19 (Temporary Measures) Act 2020.pdf/36

This page has been validated.
COVID-19 (TEMPORARY MEASURES)
37


(ii) is a witness of fact and the parties to the proceedings consent to the use of the remote communication technology; and
(c) the court is satisfied that—
(i) sufficient administrative and technical facilities and arrangements are made at the place where the accused person or witness is to make an appearance or to give evidence; and
(ii) it is in the interests of justice to do so.

(3) Despite any written law or rule of law requiring the presence of any witness in any action or proceeding in the Syariah Court, or the giving of evidence in person, the Syariah Court may, if all the conditions specified in subsection (4) are satisfied, by order in any action or proceeding, require the witness—

(a) to give evidence by means of a live video or live television link that is created using a remote communication technology approved by the senior president of the Syariah Court; or
(b) if the witness makes an appearance (other than to give evidence) in that action or proceeding, to so appear by means of a live video, live television link or live audio link that is created using a remote communication technology approved by the senior president of the Syariah Court.

(4) The conditions mentioned in subsection (3) are—

(a) the witness (whether in Singapore or elsewhere) makes an appearance or gives evidence during the specified period from a place specified by the Syariah Court using the remote communication technology, but only if he or she—
(i) is an expert witness; or
(ii) is a witness of fact and the parties to the action or proceeding consent to the use of the remote communication technology, and