Singapore legislation
Section 39
Section 39
Extradition
(1)
All nuclear offences are deemed to be extraditable crimes for the purposes of Parts 3 and 4 of the Extradition Act 1968.
(2)
For the purposes of the Extradition Act 1968, the expression “extradition crime”, in relation to a Convention country that is a declared Commonwealth country, is deemed to include relevant offences.
(3)
Subject to subsection (4), where no extradition treaty is in force between Singapore and a Convention country that is not a declared Commonwealth country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act as if there were an extradition treaty between Singapore and that country.
(4)
Where the Extradition Act 1968 is applied under subsection (3), that Act has effect in relation to that country as if the only extradition crimes under that Act were the relevant offences of that country.
(5)
Subsection (4) does not affect any other notification made under section 4 of the Extradition Act 1968.
(6)
Where —
an extradition treaty is in force between Singapore and a Convention country; and
the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country,a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act in relation to that country as if the treaty provided for the matter mentioned in paragraph (b).
(7)
Where a notification mentioned in subsection (6) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968, or in any Order in Council mentioned in section 3 of that Act, in relation to that country must, to the extent that it prevents the relevant offence from being considered an extradition crime in relation to that country, be disregarded in the application of that Act in relation to that country.
(8)
For the purposes of the Extradition Act 1968 —
any act, wherever committed, which is a relevant offence of —
a Convention country that is a declared Commonwealth country; or
a Convention country that is not a declared Commonwealth country in the case of which the Extradition Act 1968 has been applied by a notification in the Gazette made under section 4 of that Act,is deemed to be an offence within the jurisdiction of that country; and
any such offence is deemed not to be an offence of a political character.
(9)
In this section —
Definition
“declared Commonwealth country” has the meaning given by the Extradition Act 1968;
Definition
“relevant offence” —
in relation to a Convention country that is a Party to the amendments adopted in Vienna on 8 July 2005 to the Nuclear Material Convention, means —
an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore —
constitute a nuclear offence; or
be such an offence 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; or
an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would —
constitute a nuclear trafficking offence; or
be such an offence 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; or
in relation to any other Convention country, means an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore —
constitute a nuclear offence, other than an offence under section 32, 33 or 34 or any offence mentioned in paragraph (c), (d) or (e) of the definition of “nuclear offence” in section 2(1) as it relates to any of those sections; or
be such an offence 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.[26H