Singapore Government
Link to AGC Website
Home | Search | Browse | Results | My Preferences
 
Contents

Long Title

Part I PRELIMINARY

Part II EXTRADITION TO FOREIGN STATES

Part III EXTRADITION FROM FOREIGN STATES

Part IV EXTRADITION TO AND FROM DECLARED COMMONWEALTH COUNTRIES

Part V EXTRADITION TO AND FROM MALAYSIA

Part VI MISCELLANEOUS

FIRST SCHEDULE Part I

SECOND SCHEDULE

THIRD SCHEDULE Territories Between Which and Singapore An Extradition Treaty Is in Force

Legislative History

Comparative Table

 
Slider
Left Corner
Print   Permalink
On 21/05/2013, you requested for the version in force on 21/05/2013 incorporating all amendments published on or before 21/05/2013. The closest version currently available is that of 30/12/2000.
Slider
PART VI
MISCELLANEOUS
Jurisdiction as to offences committed at sea or in air
40.  Where the offence in respect of which the surrender or return of a fugitive is sought was committed on board any vessel on the high seas or any aircraft while in the air outside Singapore or the territorial waters of Singapore which comes into any port or aerodrome of Singapore, the Minister or any Magistrate may exercise the powers conferred by this Act.
Simultaneous requisitions
41.
—(1)  If the requisitions for the surrender of a fugitive are received from more than one foreign State or declared Commonwealth country or from any foreign State and any declared Commonwealth country, the Minister may, having regard to the circumstances of the case, surrender the fugitive to such State or country as he thinks fit.
(2)  The Minister in determining to which State or country the fugitive should be returned shall consider all the circumstances of the case and in particular —
(a)
the relative seriousness of the offences;
(b)
the relative dates on which the requests were made; and
(c)
the citizenship or other national status of the fugitive and his ordinary residence.
Overseas documents may be admitted in evidence if duly authenticated
42.
—(1)  In any proceedings under this Act —
(a)
a document, duly authenticated, that purports to set out testimony given on oath, or declared or affirmed to be true, by a person in a proceeding in a foreign State or declared Commonwealth country shall be admissible as evidence of the matters stated in the testimony;
(b)
a document, duly authenticated, that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a proceeding in a foreign State or declared Commonwealth country shall be admissible in evidence;
(c)
a document, duly authenticated, that certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, a foreign State or declared Commonwealth country shall be admissible as evidence of the fact and date of the conviction; and
(d)
a document, duly authenticated, that purports to be an overseas warrant or a foreign warrant shall be admissible in evidence.
(2)  A document shall be deemed to be duly authenticated for the purpose of being admitted in evidence in a proceeding under this Act if —
(a)
in the case of a document that purports to set out testimony given, declared or affirmed by a person in a proceeding in a foreign State or declared Commonwealth country — the document purports to be certified by a Judge, Magistrate or officer in or of that State or country to be the original document containing or recording that testimony or a true copy of that original document;
(b)
in the case of a document that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a proceeding in a foreign State or declared Commonwealth country — the document purports to be certified by a Judge, Magistrate or officer in or of that State or country to have been, or to be a true copy of a document that has been, so received in evidence;
(c)
in the case of a document that certifies that a person has been convicted in a foreign State or declared Commonwealth country of an offence — the document purports to be certified by a Judge, Magistrate or officer in or of that State or country; or
(d)
in the case of a document that purports to be an overseas warrant or a foreign warrant — the documents purports to be signed by a Judge, Magistrate or officer in or of the State or country in which the document was issued,
and the document purports to be authenticated by the oath of a witness or to be sealed with the official seal of a Minister in or of that country.
(3)  Nothing in this section shall prevent the proof of any matter, or the admission in evidence of any document, in accordance with any other law of Singapore.
Power to amend and vary Schedules
43.  The Minister may —
(a)
from time to time, by notification published in the Gazette, vary the First and Second Schedules; and
(b)
by order published in the Gazette amend, add to or vary the Third Schedule when an extradition treaty between any territory and Singapore has come into force or has ceased to be in force, as the case may be.
[45
Power to make rules
44.
—(1)  The Minister may make rules to carry out the purposes of this Act.
(2)  In particular, and without prejudice to the generality of subsection (1), such rules may provide for all or any of the following matters:
(a)
the removal of fugitives accused or in custody under this Act and their control and maintenance until such time as they are handed over to the persons named in the warrant as entitled to receive them;
(b)
the seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this Act applies;
(c)
the form and manner in which or the channel through which a Magistrate may be required to make his report to the Minister under this Act; and
(d)
any other matter which has to be, or may be, prescribed.
(3)  All rules made under this section shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.