Statute Details
- Title: Mutual Assistance in Criminal Matters (Kingdom of Thailand) Order 2013
- Act Code: MACMA2000-S411-2013
- Legislation Type: Subsidiary legislation (Order)
- Authorising Act: Mutual Assistance in Criminal Matters Act (Cap. 190A)
- Enacting Authority: Minister for Law (pursuant to section 17 of the Act)
- Enacting Formula / Power Source: Powers conferred by section 17 of the Mutual Assistance in Criminal Matters Act
- Key Provisions (from extract): Sections 1–2
- Commencement: Deemed to have come into operation on 31 January 2013
- Declaration: Kingdom of Thailand declared a “prescribed foreign country” for purposes of Part III of the Act
- Made Date: 4 July 2013
- Singapore Citation: S 411/2013
- Status: Current version as at 27 March 2026 (per provided extract)
What Is This Legislation About?
The Mutual Assistance in Criminal Matters (Kingdom of Thailand) Order 2013 is a Singapore subsidiary instrument made under the Mutual Assistance in Criminal Matters Act (Cap. 190A). In practical terms, it “activates” Singapore’s mutual legal assistance framework for a specific foreign jurisdiction—Thailand—by formally declaring Thailand to be a prescribed foreign country.
Mutual legal assistance in criminal matters is the mechanism by which one country can request assistance from another in criminal investigations and proceedings. This may include, depending on the request and the applicable statutory framework, obtaining evidence, serving documents, or facilitating other forms of cooperation. The Order is not itself a full procedural code; rather, it is a targeted designation that determines whether and how Thailand falls within the Act’s Part III regime.
Accordingly, the Order’s scope is narrow but significant: it links Thailand to the operational provisions of Part III of the Mutual Assistance in Criminal Matters Act. Once Thailand is declared a prescribed foreign country, the Act’s Part III processes can be used to respond to requests from Thailand (and, conversely, to support Singapore’s requests to Thailand, subject to the Act’s overall conditions and safeguards).
What Are the Key Provisions?
Section 1: Citation and commencement provides the formal naming and timing of the instrument. It states that the Order may be cited as the Mutual Assistance in Criminal Matters (Kingdom of Thailand) Order 2013. Importantly, it also provides that the Order is deemed to have come into operation on 31 January 2013. This “deemed commencement” language is legally meaningful: it can affect the validity of actions taken between the stated date and the date the Order was made, and it ensures that the designation is treated as effective from the earlier date.
For practitioners, this is a reminder to check the effective date when assessing whether a request or procedural step relied on Thailand’s status as a prescribed foreign country. If a request was made or assistance was sought in the relevant period, the deemed commencement may be relevant to arguments about whether the statutory basis existed at the time.
Section 2: Declaration of Kingdom of Thailand as prescribed foreign country is the substantive provision. It declares that the Kingdom of Thailand is “hereby declared as a prescribed foreign country for the purposes of Part III of the Act.” This is the legal trigger that brings Thailand within the Part III mutual assistance framework under Cap. 190A.
While the extract does not reproduce Part III itself, the designation typically matters because Part III contains the operative rules governing mutual assistance with prescribed foreign countries. In other words, the Order does not merely recognise Thailand in a symbolic sense; it determines that Thailand is eligible for the statutory mutual assistance machinery. The phrase “for the purposes of Part III” indicates that other parts of the Act may operate differently (for example, other categories of countries, different types of assistance, or different procedural regimes). The Order therefore has a targeted legal effect rather than a blanket application across the entire Act.
Finally, the enacting formula and the “made” date show that the instrument was formally made on 4 July 2013 by the Permanent Secretary, Ministry of Law, acting under the Minister’s authority. The reference to the law report citation (LAW/15/006/013 Vol. 3; AG/LLRD/SL/190A/2010/2 Vol. 1) is useful for locating the legislative file and administrative context, which can matter when interpreting the scope of the designation or the legislative intent behind the timing.
Practical takeaway: The Order’s two sections work together—Section 1 sets the effective date; Section 2 establishes Thailand’s status for Part III. For a lawyer handling a mutual assistance matter involving Thailand, these provisions are the statutory foundation for confirming that the request falls within the Part III regime.
How Is This Legislation Structured?
This Order is extremely concise and is structured as a short instrument with an enacting formula followed by two operative sections:
Enacting Formula: States that the Minister for Law makes the Order in exercise of powers conferred by section 17 of the Mutual Assistance in Criminal Matters Act.
Section 1 (Citation and commencement): Provides the name of the Order and the deemed date of coming into operation (31 January 2013).
Section 2 (Declaration): Declares Thailand as a prescribed foreign country for purposes of Part III of the Act.
There are no schedules, definitions, or procedural rules in the extract. The Order functions as a designation instrument rather than a comprehensive procedural framework.
Who Does This Legislation Apply To?
The Order applies primarily to the Singapore authorities administering mutual assistance under Cap. 190A. By declaring Thailand a prescribed foreign country for Part III, it determines that requests connected to Thailand can be processed under the Part III mutual assistance regime.
It also indirectly affects persons involved in criminal investigations or proceedings where mutual assistance with Thailand is sought—such as suspects, accused persons, witnesses, and parties whose documents or evidence may be requested. However, the Order itself does not set out rights or obligations for individuals; those would be found in the Mutual Assistance in Criminal Matters Act (particularly Part III) and any related procedural rules.
Why Is This Legislation Important?
Even though the Order is short, it is important because mutual legal assistance depends on formal statutory eligibility. Without Thailand being declared a prescribed foreign country, the Part III framework under Cap. 190A may not be available (or may not be available in the same way). In cross-border criminal matters, the availability of the correct statutory route can be decisive for whether evidence can be obtained, documents served, or other assistance provided.
From an enforcement and litigation perspective, the designation supports the operational effectiveness of Singapore’s treaty and cooperation relationships. It provides legal certainty to both Singapore and Thailand that the mutual assistance process is grounded in Singapore law. This reduces procedural uncertainty and helps ensure that requests are handled within the statutory safeguards and conditions set out in the Act.
For practitioners, the Order also highlights a common workflow in mutual assistance matters: lawyers must confirm (i) the relevant foreign jurisdiction is designated as prescribed, (ii) the correct part of the Act applies, and (iii) the effective date supports the procedural timeline. The deemed commencement date in Section 1 can be particularly relevant when disputes arise about whether assistance was sought or provided within the period when the designation was effective.
Related Legislation
- Mutual Assistance in Criminal Matters Act (Cap. 190A) — particularly section 17 (power to make orders) and Part III (the regime for prescribed foreign countries)
- Mutual Assistance in Criminal Matters Act — Timeline / Legislation timeline (for version control and amendments, as referenced in the extract)
Source Documents
This article provides an overview of the Mutual Assistance in Criminal Matters (Kingdom of Thailand) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.