Singapore legislation
Clause 13
of Terrorism (Suppression of Misuse of Radioactive Material) Bill
Clause 13
Extradition
(1)
Every nuclear terrorism offence is deemed to be an extraditable crime for the purposes of Parts III and IV of the Extradition Act (Cap. 103).
(2)
For the purposes of the Extradition Act, the term “extradition crime”, in relation to a Convention country that is a declared Commonwealth country, is deemed to include a relevant offence.
(3)
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 may be made applying that Act as if there were an extradition treaty between Singapore and that Convention country; but(b)subject to subsection (4), where the Extradition Act is applied under paragraph (a), that Act has effect in relation to that Convention country as if the only extradition crimes under that Act were the relevant offences of that country.
(4)
Subsection (3) does not affect any other notification made under section 4 of the Extradition Act.
(5)
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 may be made applying that Act in relation to that country as if the treaty provided for the matter mentioned in paragraph (b).
(6)
Where a notification mentioned in subsection (5) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act, or in any Order in Council mentioned in section 3 of that Act, in relation to the Convention country mentioned in subsection (5), to the extent that the limitation, condition, exception or qualification prevents the relevant offence from being considered an extradition crime in relation to that country, is to be disregarded in the application of that Act in relation to that country.
(7)
For the purposes of the Extradition Act —
any act, wherever committed, is deemed to be an offence within the jurisdiction of a Convention country that is a declared Commonwealth country, if that act is a relevant offence of that Convention country;
any act, wherever committed, is deemed to be an offence within the jurisdiction of a Convention country that is not a declared Commonwealth country, and in relation to which the Extradition Act has been applied by a notification in the Gazette under section 4 of that Act, if that act is a relevant offence of that Convention country; and
any such offence is deemed not to be an offence of a political character.
(8)
In this section —
Definition
“declared Commonwealth country” has the same meaning as in section 2(1) of the Extradition Act;
Definition
“relevant offence”, in relation to a 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 terrorism offence; or
be a nuclear terrorism offence if the description of the offence 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.