Oaths and affirmations (“OAs“) are required by law in Singapore for a number of legal purposes. They are essentially statements of truth of the content therein and have legal repercussions if found to be false. While OAs conventionally have to be made in person before a commissioner for oaths, Singapore has taken moves towards allowing the taking of OAs by remote methods. Certain legislative amendments allowing for remote OAs in prescribed circumstances have come into operation on 1 December 2023.
These amendments are part of a larger move to provide individuals and businesses in Singapore the option to make electronic statutory declarations (“SDs“), OAs, and notarisation of documents, so as to provide greater convenience and efficiency while imposing safeguards to protect the integrity of the processes. For more information on the wider set of amendments, please see our earlier Legal Update here.
The Constitution of the Republic of Singapore (Amendment No. 2) Act 2023, along with certain provisions in the Oaths, Declarations and Notarisations (Remote Methods) Act 2023 allowing for OAs by remote methods in prescribed circumstances, have come into operation on 1 December 2023. These amendments allow for the taking of OAs by remote methods in the following circumstances:
(a) The Oath of Allegiance and the Oath of Office in the Second Schedule of the Oaths and Declarations Act 2000;
(b) Oath of officers of the Family Justice Courts under the Family Justice Act 2014;
(c) Oath of members of the Industrial Arbitration Courts under the Industrial Relations Act 1960;
(d) Oath of secrecy for the Director of the National Archives and any person acting under his direction under the National Library Board Act 1995;
(e) Oaths of police officers, auxiliary police officers, and Special Constabularies under the Police Force Act 2004;
(f) Oaths of members of military courts under the Singapore Armed Forces Act 1974;
(g) Oaths of judicial officers and other officers of the State Court under the State Courts Act 1970;
(h) Oaths of officers under the Supreme Court under the Supreme Court Act 1969; and
(i) Oaths of the President, persons who exercise the functions of President when the office is vacant, Ministers, Council of Presidential Advisors, Presidential Council for Minority Rights, Supreme Court Judges, members of the Public Service Commission, and members of the Legal Service Commission under the Constitution of Singapore.
The requirements for OAs to be taken through electronic means of communication include the following:
(a) The OAs must be taken and administered in accordance with prescribed requirements.
(b) The electronic means of communication must be in the prescribed list (which currently consists of live video link and live television link).
(c) The electronic means of communication must allow for the person administering the oath to:
- maintain visual contact and communicate with the person taking the oath, and any interpreter present, throughout the process;
- confirm the identity of the person taking the oath, and any interpreter present; and
- if the oath is to be subscribed, to verify the oath by inspection.
