Statute Details
- Title: Mutual Assistance in Criminal Matters (Kingdom of Cambodia) Order 2010
- Act Code: MACMA2000-S246-2010
- Legislation Type: Subsidiary legislation (Order)
- Authorising Act: Mutual Assistance in Criminal Matters Act (Chapter 190A)
- Enacting Authority: Minister for Law (pursuant to section 17 of the Act)
- Legislative Instrument Number: S 246/2010
- Date Made: 26 April 2010
- Commencement: Deemed to have come into operation on 8 April 2010
- Key Provisions (from extract): Section 1 (citation and commencement); Section 2 (declaration of Cambodia as a prescribed foreign country for Part III of the Act)
- Status: Current version as at 27 March 2026
What Is This Legislation About?
The Mutual Assistance in Criminal Matters (Kingdom of Cambodia) Order 2010 is a Singapore legal instrument that enables Singapore to provide mutual assistance in criminal matters to, and receive such assistance from, the Kingdom of Cambodia. In practical terms, it “activates” Cambodia as a relevant foreign jurisdiction under Singapore’s broader statutory framework for international cooperation in criminal investigations and proceedings.
Singapore’s mutual assistance regime is governed primarily by the Mutual Assistance in Criminal Matters Act (Chapter 190A). That Act sets out the legal machinery for cooperation—such as how requests are made, how evidence may be obtained, and how assistance may be granted or refused. However, the Act does not automatically apply to every country. Instead, it uses a system of “prescribed foreign countries” so that specific jurisdictions are formally designated for the operation of particular parts of the Act.
This Order is therefore targeted and narrow. It does not itself create a full set of procedures; rather, it performs a key administrative-legal function: it declares Cambodia to be a “prescribed foreign country” for the purposes of Part III of the Mutual Assistance in Criminal Matters Act. Once that designation is in place, the Part III mechanisms can be invoked in relation to Cambodia.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification and timing of the Order. It states that the Order may be cited as the “Mutual Assistance in Criminal Matters (Kingdom of Cambodia) Order 2010” and that it is deemed to have come into operation on 8 April 2010. The “deemed” commencement is significant for practitioners because it can affect whether actions taken between the date made and the deemed commencement date fall within the legal authority of the Order.
From a compliance and litigation-risk perspective, commencement provisions matter. If a request for assistance, an internal decision, or a procedural step was taken around the relevant dates, counsel will want to confirm that the legal basis existed at the time. Here, the Order’s deemed operation on 8 April 2010 means that the designation effect is treated as having started from that date, even though the instrument was made on 26 April 2010.
Section 2 (Declaration of Kingdom of Cambodia as prescribed foreign country) is the substantive operative provision. It declares that the Kingdom of Cambodia is “hereby declared as a prescribed foreign country for the purposes of Part III of the Act.” This is the legal trigger that links Cambodia to the Part III framework under the Act.
Although the extract does not reproduce the text of Part III, the practitioner’s takeaway is clear: once Cambodia is prescribed, the relevant Part III procedures—whatever they are in the Act (for example, the handling of requests and the granting of assistance in criminal matters)—become available in relation to Cambodia. In other words, the Order supplies the jurisdictional predicate required by the Act. Without such a declaration, the Part III cooperation pathway would not be properly engaged for Cambodia.
It is also important to note the legislative technique used. This Order is an “enabling” designation instrument. It does not set out the full operational rules (those are in the Act). Instead, it ensures that the Act’s operative provisions can be applied to a particular foreign state. This is common in Singapore’s subsidiary legislation: the Act provides the general legal framework, while Orders prescribe specific countries, categories, or circumstances.
Finally, the enacting formula indicates that the Minister for Law made the Order in exercise of powers conferred by section 17 of the Mutual Assistance in Criminal Matters Act. For lawyers, this matters because it confirms the statutory authority for the designation and can be relevant if the Order’s validity is ever challenged (for example, on grounds of vires or procedural irregularity).
How Is This Legislation Structured?
The Order is structured as a short instrument with two sections:
Section 1 deals with citation and commencement. It tells you what to call the Order and when it takes effect.
Section 2 is the operative designation provision. It declares Cambodia to be a prescribed foreign country for the purposes of Part III of the Mutual Assistance in Criminal Matters Act.
Because the Order is brief, it should be read together with the parent Act. In practice, a practitioner will typically consult:
- the Mutual Assistance in Criminal Matters Act (Chapter 190A), especially Part III; and
- any relevant procedural rules, practice directions, or ministerial guidance that govern how requests are processed.
Who Does This Legislation Apply To?
This Order applies in the first instance to the Singapore authorities responsible for administering mutual assistance in criminal matters under the Act. It is not a “directly regulated” statute in the way that criminal offences or licensing regimes are. Instead, it affects the legal capacity of Singapore to cooperate with Cambodia under the Act’s Part III framework.
Secondarily, it can affect persons involved in criminal proceedings—for example, suspects, accused persons, witnesses, or entities whose records or evidence may be sought—because mutual assistance processes may require evidence gathering, document production, or other procedural steps. However, those substantive impacts arise from the Act’s Part III procedures, not from the Order itself.
In terms of territorial and jurisdictional scope, the designation is specific: it concerns the Kingdom of Cambodia as a foreign jurisdiction. The Order does not apply to other countries unless and until they are similarly prescribed by separate orders.
Why Is This Legislation Important?
Even though the Order is short, it is legally significant because it performs a gatekeeping function. Mutual assistance in criminal matters depends on formal legal authority to cooperate with particular foreign states. By declaring Cambodia as a prescribed foreign country for Part III, Singapore ensures that the statutory mutual assistance machinery can operate in a legally coherent and predictable manner.
For practitioners, the key practical value lies in jurisdictional readiness. When a request for assistance is received from Cambodia (or when Singapore intends to make a request), counsel must confirm that the foreign state is properly designated under the relevant part of the Act. This Order provides that designation. Without it, the request might face legal obstacles or require alternative pathways.
From an enforcement and risk-management perspective, the Order also supports procedural legitimacy. Mutual assistance often involves sensitive steps—such as obtaining evidence, facilitating interviews, or enabling cross-border cooperation. The designation helps ensure that such steps are grounded in the correct statutory authority, which is crucial for admissibility considerations, judicial review risk, and compliance with constitutional and statutory safeguards.
Finally, the deemed commencement date (8 April 2010) can matter in disputes about whether particular actions were taken with proper legal basis. While the extract does not show any amendments or later revisions, the “current version as at 27 March 2026” status indicates that the Order remains in force in its current form. Practitioners should still check the legislation timeline and versions when relying on the instrument for historical conduct or for matters spanning multiple dates.
Related Legislation
- Mutual Assistance in Criminal Matters Act (Chapter 190A) — particularly Part III (as referenced by this Order)
- Mutual Assistance in Criminal Matters (Timeline / Legislation timeline) — for version control and historical amendments (as indicated in the legislation interface)
Source Documents
This article provides an overview of the Mutual Assistance in Criminal Matters (Kingdom of Cambodia) Order 2010 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.