Statute Details
- Title: Diplomatic and Consular Officers (Oaths and Fees) Act 1968
- Act Code: DCOOFA1968
- Type: Act of Parliament
- Long Title: An Act to provide for the administration of oaths and the levy of fees by diplomatic and consular officers
- Commencement: [6 January 1969] (as indicated in the published text)
- Current status: Current version as at 26 Mar 2026 (per the platform extract)
- Revised editions noted: 1985 RevEd; 2013 RevEd; 2020 RevEd (in operation from 31 Dec 2021)
- Key provisions: Sections 3–6 (oaths, notarial acts, fees and fee controls); Sections 7–8 (offences and penalties); Sections 10–11 (prosecution consent and trial in Singapore)
What Is This Legislation About?
The Diplomatic and Consular Officers (Oaths and Fees) Act 1968 (“the Act”) is a practical statute designed to ensure that Singapore’s diplomatic and consular officers can perform certain legal formalities abroad—especially administering oaths and taking affidavits—and that these acts are recognised as valid for evidential and administrative purposes. In plain terms, it allows the public to swear affidavits and have notarial-type acts done at Singapore missions overseas, without having to rely on local notaries for validity.
At the same time, the Act regulates how consular officers charge fees for these services. It empowers the Minister to fix fees and prescribe how they are levied and accounted for, while prohibiting the charging of excessive or improper fees. This is meant to protect members of the public from arbitrary charges and to maintain integrity in consular services.
Finally, the Act creates offences relating to false swearing, forgery or fraudulent alteration of seals/signatures, and the use of forged affidavits. It also sets procedural safeguards for enforcement, including requiring the Public Prosecutor’s consent before prosecution and allowing offences to be tried in Singapore even if the conduct occurs abroad.
What Are the Key Provisions?
1. Definitions and scope (Section 2)
Section 2 defines key terms broadly to ensure the Act covers the full range of documents and formalities commonly encountered in practice. For example, “affidavit” is defined expansively to include affirmations, statutory or other declarations, acknowledgments, examinations, and even “protestation of honour”. “Swear” is defined to include affirm, declare and protest. “Diplomatic officer” and “consular officer” are also defined to include a wide range of roles within Singapore’s diplomatic and consular services, including consular agents.
2. Validity of oaths, affidavits and notarial acts abroad (Section 3)
Section 3 is the core recognition provision. It provides that every diplomatic officer and consular officer exercising functions outside Singapore may, in the country where they are posted, administer any oath or affirmation, take any affidavit, and do notarial acts that a notary public can do in Singapore. The practical effect is that oaths/affirmations/affidavits/notarial acts performed by or before these officers are “as effectual” as if they had been done before a lawful authority in Singapore.
Section 3(2) further addresses evidential proof. If a document bears the seal and signature of an authorised officer, it is admitted in evidence without proof that the seal/signature belongs to that officer or that the officer had the relevant official character. This reduces friction in litigation and administrative processes, because parties do not need to call the officer or prove authentication details each time.
3. Presidential order for reciprocal arrangements (Section 3(3))
Section 3(3) gives the President power to extend the evidential rule in Section 3(2) to notarial acts done by specified persons serving in the diplomatic/consular or other foreign service of a “Power” that has undertaken to represent Singapore’s interests in places where Singapore has no representatives. This is a recognition of international practice: where Singapore relies on another state’s representation, the Act can still ensure evidential reliability for notarial acts.
4. Oaths for constitutional purposes (Section 3(4))
Section 3(4) clarifies that “oath” includes an oath required for the purposes of the Constitution, but only where the oath is taken before a diplomatic officer or consular officer who is himself a citizen of Singapore. This is an important limitation: it ensures constitutional oaths are taken before an officer with the requisite citizenship status.
5. Ministerial power to fix and regulate fees (Section 4)
Section 4 empowers the Minister to make an order published in the Gazette. The order may (a) fix fees for matters or things done by a diplomatic officer or consular officer entrusted with consular duties; and (b) prescribe the manner in which fees may be levied, accounted for, applied or remitted. For practitioners, this means the fee regime is not left to ad hoc practice; it is anchored in published orders.
6. Mandatory exhibition of the fee table (Section 5)
Section 5 requires every diplomatic officer and consular officer entrusted with consular duties to exhibit any subsisting order made under Section 4 prominently in the office and to permit inspection by any person wishing to do so at a reasonable time. This provision supports transparency and provides a compliance check: if a fee is charged, the public should be able to verify the applicable fee schedule.
7. Prohibition on excessive or improper fees (Section 6)
Section 6(1) is a strict prohibition. Subject to any order under Section 4, a consular officer must not ask for or take any fee or reward for or on account of any act, thing or service done, performed or rendered in the execution of his office. In other words, the officer cannot charge beyond what is authorised by the fee-fixing order.
Section 6(2) makes contravention an offence. The drafting also notes “without prejudice to any other liability”, which signals that disciplinary action, civil claims, or other legal consequences may also apply depending on the facts.
8. Offences relating to false swearing and forgery (Sections 7–8)
Section 7 creates three categories of offences committed by “any person” (not limited to officers):
- False swearing—swearing falsely in any oath or affidavit taken or made under the Act;
- Forgery/fraudulent alteration—forging or fraudulently altering the seal or signature of an authorised person; and
- Use of forged affidavits—tendering in evidence or otherwise using an affidavit with a forged/counterfeited/fraudulently altered seal/signature, knowing it to be forged or altered.
Penalty (Section 8)
On conviction, an offender is liable to a fine not exceeding $5,000, or imprisonment for up to 3 years, or both. For legal practitioners, this penalty range indicates that the legislature treats integrity of affidavits and authentication seriously—particularly because affidavits are often foundational evidence in civil and administrative proceedings.
9. Savings and transitional validation (Section 9)
Section 9 provides that oaths/affirmations/affidavits/notarial acts performed by diplomatic or consular officers abroad prior to 6 January 1969 are deemed to have been administered under the Act. This avoids invalidation or evidential challenges for past acts and reflects a legislative intent to regularise historical practice.
10. Prosecution consent and trial in Singapore (Sections 10–11)
Section 10 requires the Public Prosecutor’s consent before prosecution for any offence under the Act. This is a common procedural safeguard, ensuring that prosecutions are not commenced lightly and that prosecutorial discretion is exercised.
Section 11 then provides jurisdictional practicality: any offence under the Act may, subject to Section 10, be inquired into, dealt with, tried and punished in Singapore as if the offence had been committed in Singapore. This is crucial for cross-border conduct. If a forged affidavit is used or a false swearing occurs abroad, the Act still enables Singapore courts to prosecute and punish the offender.
How Is This Legislation Structured?
The Act is structured into 11 sections, moving from foundational definitions and authority to administer oaths, to fee regulation, then to offences and enforcement. In summary:
- Section 1: Short title
- Section 2: Interpretation (definitions of affidavit, swearing, diplomatic/consular officers)
- Section 3: Powers to administer oaths, take affidavits and perform notarial acts abroad; evidential effect and presidential extension
- Section 4: Minister’s power to fix fees and prescribe fee administration/accounting
- Section 5: Duty to exhibit the fee table and allow inspection
- Section 6: Prohibition on charging improper fees; offence for contravention
- Section 7: Offences (false swearing, forgery/alteration of seals/signatures, use of forged affidavits)
- Section 8: Penalty
- Section 9: Savings for acts done prior to commencement
- Section 10: Consent of Public Prosecutor required for prosecution
- Section 11: Trial of offences in Singapore
Who Does This Legislation Apply To?
The Act applies primarily to diplomatic officers and consular officers of Singapore when they exercise functions outside Singapore, particularly consular duties. It also applies to any person who swears falsely, forges or fraudulently alters seals/signatures, or uses forged affidavits in connection with oaths/affidavits/notarial acts under the Act.
In practice, the Act is relevant to members of the public who swear affidavits at Singapore missions abroad, to legal practitioners who rely on such affidavits in proceedings, and to anyone involved in document preparation or authentication. It also has a cross-border enforcement dimension: offences can be prosecuted and tried in Singapore even if the conduct occurs overseas.
Why Is This Legislation Important?
For practitioners, the Act provides a reliable legal mechanism for obtaining affidavits and notarial acts abroad that will be treated as valid and evidentially usable in Singapore. Section 3’s “as effectual” language and the evidential presumption in Section 3(2) are particularly significant. They reduce authentication disputes and streamline the admissibility of documents bearing the authorised seal and signature.
From a compliance perspective, the fee provisions (Sections 4–6) matter because consular services often involve public-facing charges. The requirement to exhibit the fee schedule and the prohibition on charging improper fees create enforceable standards. Where a fee dispute arises, the existence of a published Gazette order and the officer’s duty to permit inspection can be central to assessing whether the charge was authorised.
Finally, the offences and enforcement provisions protect the integrity of sworn evidence. False swearing and forgery offences are directly tied to the Act’s framework, and the ability to try offences in Singapore (Section 11) ensures that offenders cannot evade accountability merely because the conduct occurred abroad. The Public Prosecutor’s consent requirement (Section 10) balances this enforcement power with prosecutorial oversight.
Related Legislation
- Constitution of the Republic of Singapore (oaths required for constitutional purposes, referenced in Section 3(4))
- Notarial and evidence-related legislation and rules (for general admissibility and authentication principles, to be considered alongside the Act’s specific evidential effect)
Source Documents
This article provides an overview of the Diplomatic and Consular Officers (Oaths and Fees) Act 1968 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.