On 18/06/2013,
you requested for the version in force on 18/06/2013
incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 30/12/2000.
PART IV
EXTRADITION TO AND FROM DECLARED COMMONWEALTH COUNTRIES
18. In this Part, “extraditable crime” means an offence (wherever committed) against the law in force in Singapore the maximum penalty for which is death or imprisonment for a period of not less than 12 months, being an offence that —
(a)
is described in the First Schedule; or
(b)
would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.
[28
19.
—(1) The Minister may declare a country to be a Commonwealth country in relation to which this Part applies and, subject to subsection (2), where there is such a declaration for the time being in force, this Part shall apply in relation to that country.
(2) The Minister may provide that this Part shall apply in relation to a declared Commonwealth country subject to such limitations, conditions, exceptions or qualifications as are prescribed and, where the declaration for the time being in force so provides, this Part shall apply in relation to that country subject to those limitations, conditions, exceptions or qualifications.
[18
20.
—(1) Every fugitive from a declared Commonwealth country shall be liable, subject to this Part and to any limitations, conditions, exceptions or qualifications to which the application of this Part in relation to that country is subject, to be apprehended and surrendered to that country as provided by this Part.
(2) Every such fugitive shall be liable under subsection (1) whether the offence to which the requisition for the surrender of the fugitive relates is alleged to have been committed, or was committed, before or after 1st August 1968 or before or after the time when that country became a declared Commonwealth country.
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21.
—(1) A person shall not be liable to be surrendered to a declared Commonwealth country if the offence to which the requisition for his surrender relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character.
(2) A person who is held in custody, or has been admitted to bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore, or is undergoing a sentence of imprisonment for a conviction in Singapore, shall not be liable to be surrendered to a declared Commonwealth country until he has been discharged from custody, or the recognizances upon which he was admitted to bail have been discharged, as the case may be, whether as a result of his acquittal, on the expiration of his sentence or otherwise.
(3) A person shall not be liable to be surrendered to a declared Commonwealth country in respect of an offence if he has been acquitted or pardoned by a competent tribunal or authority in any country, or has undergone the punishment provided by the law of, or of a part of, any country, in respect of that offence or of another offence constituted by the same act or omission as that offence.
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22.
—(1) The Minister shall not give a notice under section 23(1), or issue a warrant under section 27(2), in respect of a fugitive from a declared Commonwealth country if the Minister has substantial grounds for believing that —
(a)
the requisition for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he would be liable to be surrendered to that country, was made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or
(b)
if the fugitive is surrendered to that country, he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.
(2) If the Minister is satisfied that, by reason of —
(a)
the trivial nature of the offence that a fugitive is alleged to have committed or has committed;
(b)
the accusation against a fugitive not having been made in good faith or in the interests of justice; or
(c)
the passage of time since the offence is alleged to have been committed or was committed,
and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the fugitive, or to surrender him before the expiration of a particular period, the Minister shall not issue a warrant under section 27(2) in respect of the fugitive, or shall not issue such a warrant before the expiration of that period, as the case may be.
(3) The Minister shall not issue a warrant under section 27(2) in respect of a fugitive from a declared Commonwealth country unless provision is made by the law of that country, or that country has entered into an agreement with, or given an undertaking to, Singapore, by virtue of which the fugitive will not, unless he has been returned, or has had an opportunity of returning, to Singapore —
(a)
be detained or tried in that country for any offence that is alleged to have been committed, or was committed, before his surrender other than —
(i)
the offence to which the requisition for his surrender relates or any lesser offence of which he could be convicted upon proof of the facts on which that requisition was based; or
(ii)
any other extradition crime in respect of which the Minister consents to his being so detained or tried, as the case may be; or
(b)
be detained in that country for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to the first-mentioned country other than —
(i)
a lesser offence of which he could be convicted upon proof of the facts on which the requisition referred to in paragraph (a) was based; or
(ii)
any other offence in respect of which the Minister could issue a warrant under this Part for his surrender to that other country and in respect of which the Minister consents to his being so detained.
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23.
—(1) Subject to subsection (2), where a requisition for the surrender of a fugitive who is, or is suspected of being, in or on his way to Singapore is made to the Minister by a declared Commonwealth country, the Minister shall —
(a)
if a warrant for the apprehension of the fugitive has not been issued under section 24 — by notice in writing in accordance with Form 1 in the Second Schedule and directed to a Magistrate, inform the Magistrate that the requisition has been made and authorise him to issue a warrant for the apprehension of the fugitive; or
(b)
if a warrant for the apprehension of the fugitive has been issued under section 24 and a person has been apprehended under the warrant — by notice in writing in accordance with Form 2 in the Second Schedule and directed to a Magistrate before whom the person may be brought, inform the Magistrate that the requisition has been made.
(2) If the Minister is of the opinion that the fugitive is not liable to be surrendered to the country, he shall not give a notice under subsection (1) in respect of the fugitive.
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24.
—(1) Where —
(a)
a Magistrate is authorised by the Minister by a notice under section 23(1)(a) to issue a warrant for the apprehension of a fugitive; or
(b)
an application is made as prescribed to a Magistrate for the issue of a warrant for the apprehension of a fugitive who is, or is suspected of being, in or on his way to Singapore,
and there is produced to the Magistrate such evidence as would, in his opinion, according to the law in force in Singapore, justify —
(i)
the apprehension of the fugitive by a member of the Singapore Police Force without the issue of a warrant; or
(ii)
the issue of a warrant for the apprehension of the fugitive,
if the act or omission constituting the extradition crime had taken place in, or within the jurisdiction of Singapore, the Magistrate shall issue a warrant for the apprehension of the fugitive in accordance with Form 3 or 4, as the case may be, in the Second Schedule.
(2) Where a Magistrate issues a warrant under this section without having been authorised by the Minister by a notice under section 23(1)(a) to issue the warrant, the Magistrate shall forthwith send to the Minister a report stating that he has issued the warrant and the evidence produced to him on the application for the warrant.
(3) It shall be a sufficient compliance with subsection (2) in relation to any evidence consisting of testimony given on oath, or declared or affirmed to be true, by a person if —
(a)
where the testimony was given in writing — the Magistrate sends to the Minister a copy of that writing certified by him to be a true copy; or
(b)
where the testimony was given orally —
(i)
if the testimony has been reduced to writing, the Magistrate sends to the Minister that writing certified by him to be a true record of the testimony; or
(ii)
if the testimony has not been reduced to writing, the Magistrate sends to the Minister the notes made by the Magistrate in respect of the testimony and certified by him to be a true summary of the testimony.
(4) Where the Minister —
(a)
receives a report of the issue of a warrant and the evidence as provided by subsections (2) and (3); or
(b)
otherwise becomes aware of the issue of such a warrant,
he may, if he thinks fit, by order in writing, direct that the warrant be cancelled.
(5) Where a person has been apprehended under a warrant that is so directed to be cancelled —
(a)
if the person is held in custody, the person holding him in custody shall, upon receipt of the order, cause him to be released; or
(b)
if he has been admitted to bail, the recognizances upon which he was admitted to bail shall, under this subsection, be discharged.
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25.
—(1) A person who is apprehended under a warrant issued under section 24 shall, unless he is sooner released, be brought as soon as practicable before a Magistrate.
(2) A Magistrate may remand a person brought before him under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time.
(3) Where a Magistrate remands a person for such a period, the person may, at the expiration of the period, be brought before the Magistrate or before any other Magistrate.
(4) In the application of subsections (5) to (10) in relation to a person who has been apprehended under a warrant issued under section 24, “Magistrate” means the Magistrate before whom the person is brought after he was apprehended or at the expiration of a period for which he has been remanded under this section, as the case may be.
(5) If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Minister in a notice under section 23(1)(a), the Magistrate shall remand the person in accordance with subsections (2) and (3) until the Magistrate receives a notice under section 23(1)(b) from the Minister informing the Magistrate that a requisition for the surrender of the person has been made to the Minister by a declared Commonwealth country.
(6) Where the Magistrate does not receive such a notice within such time as is reasonable having regard to all the circumstances, the Magistrate shall —
(a)
if the person apprehended is held in custody, order that he be released; or
(b)
if he has been admitted to bail, make an order discharging the recognizances upon which he was admitted to bail.
(7) If the person was apprehended under a warrant issued in pursuance of an authority by the Minister in a notice under section 23(1)(a) or the Magistrate receives a notice by the Minister under section 23(1)(b) and —
(a)
there is produced to the Magistrate a duly authenticated overseas warrant in respect of the person issued in the declared Commonwealth country that made the requisition for the surrender of the person;
(b)
there is produced to the Magistrate —
(i)
in the case of a person who is accused of an extradition crime — such evidence as would, in the opinion of the Magistrate, according to the law in force in Singapore, justify the trial of the person if the act or omission constituting that crime had taken place in, or within, his jurisdiction; or
(ii)
in the case of a person who is alleged to have been convicted of an extradition crime — sufficient evidence to satisfy the Magistrate that the person has been convicted of that crime; and
(c)
the Magistrate is satisfied, after hearing any evidence tendered by the person, that the person is liable to be surrendered to the declared Commonwealth country that made the requisition for the surrender,
the Magistrate shall, by warrant in accordance with Form 5 in the Second Schedule, commit the person to prison to await the warrant of the Minister for his surrender but otherwise shall order that the person be released.
(8) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him to prison, he may, in lieu of committing him to prison, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be committed to prison or he is surrendered.
(9) In the case referred to in subsection (8), the warrant shall be in accordance with Form 5 in the Second Schedule with such variations as are necessary to meet the circumstances of the case.
(10) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he be held in custody, he shall forthwith send to the Minister a certificate to that effect and such report (if any) relating to the proceedings as he thinks fit.
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26. If a Magistrate before whom a person is brought in pursuance of section 25, or a court to which the person has applied for a writ of habeas corpus, is satisfied that, by reason of —
(a)
the trivial nature of the offence that the person is alleged to have committed or has committed;
(b)
the accusation against the person not having been made in good faith or in the interests of justice; or
(c)
the passage of time since the offence is alleged to have been committed or was committed,
and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the person to a declared Commonwealth country, or to surrender him before the expiration of a particular period, the Magistrate or court may —
(i)
order that the person be released;
(ii)
order that the person be surrendered after the expiration of a period specified in the order and order his release on bail until the expiration of that period; or
(iii)
make such other order as he or it thinks just.
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27.
—(1) When, under this Part, a Magistrate commits a person (referred to in this section as the prisoner) to prison, or otherwise orders that he be held in custody, to await the warrant of the Minister for his surrender to a declared Commonwealth country, the Magistrate shall inform the prisoner that he will not be surrendered until after the expiration of the period of 15 days from the date of the committal or order and that, if he asserts that his detention is unlawful, he may apply to a court of competent jurisdiction for a writ of habeas corpus.
(2) After —
(a)
the expiration of the period referred to in subsection (1); or
(b)
if, within that period, an application for a writ of habeas corpus is made by the prisoner and the court to which the application is made or, where an appeal is brought from the decision of that court to another court, the other court does not order that the prisoner be released — the expiration of the period of 15 days from the date of the decision of the first-mentioned court or the appellate court, as the case may be,
whichever is the later, the Minister shall, if he is satisfied that the prisoner is liable to be surrendered to the declared Commonwealth country, by warrant in accordance with Form 6 in the Second Schedule or, where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with such variations as are necessary to meet the circumstances of the case, order that the prisoner be delivered into the custody of a person specified in the warrant and be conveyed by that person to a place in that country or within the jurisdiction of, or of a part of, that country and there surrendered to some person appointed by that country to receive him.
(3) A warrant issued under subsection (2) may be executed according to its tenor.
(4) Any property in the possession of the prisoner at the time of his apprehension that may be material as evidence in proving the offence to which the requisition for his surrender relates shall, if the Minister so directs in writing, be delivered up with the prisoner on his surrender.
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28. Where a person who, under this Part, has been committed to prison, or otherwise ordered to be held in custody, is in custody in Singapore at the expiration of 2 months after —
(a)
the date of the committal or order; or
(b)
if an application for a writ of habeas corpus has been made by the person — the date of the decision of the court to which the application was made or, where an appeal has been brought from that decision to another court, the date of the decision of the other court,
whichever is the later, the High Court, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the Minister, shall, unless reasonable cause is shown for the delay, order that the person be released.
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29. Where a person accused or convicted of an extraditable crime is, or is suspected of being, in or on his way to a declared Commonwealth country or within the jurisdiction of, or of a part of, such a country, the Minister may make a requisition to that country for the surrender of the person.
30. Where a person accused or convicted of an extraditable crime is surrendered by a declared Commonwealth country, the person may be brought to Singapore and delivered to the proper authorities to be dealt with according to law.
Person surrendered by Commonwealth country in respect of an offence not to be prosecuted or detained for other offences
31. Where a person accused or convicted of an extraditable crime is surrendered by a declared Commonwealth country, the person shall not, unless he has been returned, or has had an opportunity of returning, to that country —
(a)
be detained or tried in Singapore for any offence that is alleged to have been committed, or was committed, before his surrender other than —
(i)
the offence to which the requisition for his surrender relates or any lesser offence of which he could be convicted upon proof of the facts on which that requisition was based; or
(ii)
any other extraditable crime in respect of which that country consents to his being so detained or tried, as the case may be; or
(b)
be detained in Singapore for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to Singapore other than —
(i)
a lesser offence of which he could be convicted upon proof of the facts on which the requisition referred to in paragraph (a) was based; or
(ii)
any other offence in respect of which the country by which he was surrendered to Singapore consents to his being so detained.