Statute Details
- Title: Mutual Assistance in Criminal Matters (Union of Myanmar) Order 2009
- Act Code: MACMA2000-S101-2009
- Type: Subsidiary Legislation (Order)
- Authorising Act: Mutual Assistance in Criminal Matters Act (Chapter 190A)
- Enacting authority: Minister for Law (exercising powers under section 17 of the Act)
- Commencement: Deemed to have come into operation on 22 January 2009
- Date made: 11 March 2009
- Key provisions (from extract): Sections 1–2
- Current status: Current version as at 27 March 2026 (per legislation portal)
What Is This Legislation About?
The Mutual Assistance in Criminal Matters (Union of Myanmar) Order 2009 is a Singapore subsidiary instrument made under the Mutual Assistance in Criminal Matters Act (Cap. 190A). Its practical function is narrow but important: it formally designates the Union of Myanmar as a “prescribed foreign country” for the purposes of Part III of the Act.
In plain terms, Singapore’s mutual assistance framework allows Singapore to cooperate with other jurisdictions in criminal matters—such as obtaining evidence, serving documents, or facilitating other forms of assistance—subject to safeguards and conditions set out in the Act. However, the ability to apply the Part III regime depends on whether the foreign state has been designated through the relevant order. This 2009 Order is one such designation for Myanmar.
Because the Order contains only two operative provisions (citation/commencement and the designation), it should be read together with the parent Act. The Order does not itself create the detailed procedures for assistance; rather, it activates the Part III machinery of the Act in relation to Myanmar.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the legal identity and timing of the instrument. It states that the Order may be cited as the “Mutual Assistance in Criminal Matters (Union of Myanmar) Order 2009” and that it is deemed to have come into operation on 22 January 2009. This “deemed” commencement is significant in practice: it can affect whether requests or steps taken around that date fall within the operative period for the designation.
For practitioners, the commencement clause matters when assessing timelines, procedural validity, and whether a particular request for assistance was made (or acted upon) after the designation took effect. Even though the Order was made on 11 March 2009, the deemed commencement date means the designation is treated as having been in force from 22 January 2009.
Section 2 (Declaration of Union of Myanmar as prescribed foreign country) is the core provision. It declares that the Union of Myanmar is a prescribed foreign country for the purposes of Part III of the Mutual Assistance in Criminal Matters Act. This designation is what enables the Part III mutual assistance regime to apply to Myanmar.
While the extract does not reproduce Part III of the Act, the legal effect of Section 2 is clear: once Myanmar is prescribed, Singapore authorities can process requests for mutual assistance under Part III (and, conversely, Myanmar can request assistance from Singapore under that Part III framework, subject to the Act’s conditions). The designation also signals that Singapore has determined—through the exercise of the Minister’s statutory power—that Myanmar should be treated as eligible for this category of cooperation.
Enacting formula and statutory basis (section 17 of the Act) are also important. The Order is made “in exercise of the powers conferred by section 17” of the Act. This indicates that the designation is not discretionary in an ad hoc way; it is grounded in a specific legislative authority. For legal analysis, this matters for questions such as: (i) whether the Minister followed the correct statutory power; (ii) whether the designation is valid; and (iii) what procedural or substantive constraints may apply under the parent Act.
How Is This Legislation Structured?
This Order is extremely short and consists of a basic structure typical of designation instruments. It has:
(1) A citation and commencement provision (Section 1), which sets the name of the Order and the date it takes effect (including the deemed commencement date).
(2) A designation provision (Section 2), which declares the Union of Myanmar as a prescribed foreign country for the purposes of Part III of the Mutual Assistance in Criminal Matters Act.
There are no further Parts or detailed procedural rules in the Order itself. The detailed legal framework for mutual assistance—such as the types of assistance covered, the process for making and responding to requests, and the safeguards for affected persons—resides in the Mutual Assistance in Criminal Matters Act. Accordingly, the Order should be treated as a gateway instrument that determines eligibility for Part III cooperation with Myanmar.
Who Does This Legislation Apply To?
The Order applies primarily at the state-to-state level. Its effect is to define the Union of Myanmar as a prescribed foreign country for Part III of the Act. Therefore, it governs how Singapore authorities may respond to requests for mutual assistance involving Myanmar, and how Myanmar may seek assistance from Singapore, within the Part III framework.
Although the Order itself does not directly impose obligations on private individuals, it can have indirect but significant consequences for persons in Singapore (for example, witnesses, suspects, or custodians of records) if assistance requests are made and executed under the Act. In practice, lawyers should expect that the designation may lead to proceedings or applications under the Act that affect individuals’ rights and obligations, but those procedural steps will be found in the parent Act rather than in this Order.
Why Is This Legislation Important?
Even though the Mutual Assistance in Criminal Matters (Union of Myanmar) Order 2009 is brief, it is legally consequential. Mutual assistance regimes depend on formal designations; without them, the Part III mechanisms may not be available for cooperation with a particular jurisdiction. By prescribing Myanmar, Singapore ensures that the mutual assistance framework can operate efficiently and consistently for that foreign state.
From an enforcement and policy perspective, the Order supports cross-border criminal justice cooperation. Criminal investigations often require evidence located abroad, and the ability to obtain assistance—subject to legal safeguards—helps ensure that investigations and prosecutions are not artificially constrained by territorial boundaries.
For practitioners, the key practical impact is that the designation can trigger the application of Part III of the Act in Myanmar-related matters. When advising clients, counsel should therefore check whether the relevant foreign state is prescribed and, if so, under which part of the Act. This can affect the procedural route, the scope of assistance, and the legal standards that apply to the handling of requests.
Finally, the deemed commencement date (22 January 2009) can be relevant in disputes about whether a request or action occurred after the designation took effect. Where timing is contested—such as in arguments about procedural propriety or the validity of steps taken—Section 1 provides an anchor date for analysis.
Related Legislation
- Mutual Assistance in Criminal Matters Act (Chapter 190A) — the parent Act, including Part III and the Minister’s power under section 17
- Mutual Assistance in Criminal Matters (Timeline / Legislation timeline) — for confirming the correct version and effective date of the Order
Source Documents
This article provides an overview of the Mutual Assistance in Criminal Matters (Union of Myanmar) Order 2009 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.