'State privileges and immunities' in document 'Singapore - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part V The Government

Chapter 1
The President

Article 22k Immunity of President From Suit

(1) Except as provided in clause (4), the President shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to be done by him in his official capacity.

(2) No proceedings in any court in respect of anything done or omitted to be done by the President in his private capacity shall be instituted against him during his term of office.

(3) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds office as President shall not be taken into account in calculating any period of time prescribed by that law.

(4) The immunity conferred by clause (1) shall not apply to

(a) any proceedings instituted under Article 22h ;
(b) any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article 22l ; or
(c) any proceedings before the Election Judge under Article 93a to determine the validity of any Presidential election.

RELEVANT ROME STATUTE PROVISIONS

Article 27
Irrelevance of official capacity
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.